Illinois-2023-HB5040-Introduced

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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1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Findings. The General Assembly finds that:

5 (1) The health, safety, and peace of mind of the

6 citizens of Illinois are of paramount concern.

7 (2) Health care professionals entrusted with the

8 health of the citizens of Illinois should be held to the

9 highest standards of conduct so that these professions can

10 build bonds of trust with current and future patients,

11 clients, and residents.

12 (3) The background check requirements for these

13 professions vary widely, leading to unequal treatment by

14 the State of licensees in these professions.

15 (4) Incidents of improper action, including sexual

16 assault, by health care professionals across the State and

17 nation have been underreported, and, in some cases,

18 persons charged with, and found guilty of, these crimes

19 have continued to practice and their licenses have

20 remained active without prompt and thorough review.

21 (5) It is right and fitting that any Department of

22 Financial and Professional Regulation process under

23 statute or rule currently used to verify the criminal

24 history of an applicant for licensure under a health care

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1 professional's licensing act shall be used for all

2 applicants and licensees thereunder whose conviction of a

3 crime or other behavior warrants review of a license

4 thereunder.

5 (6) Under the Health Care Worker Background Check Act,

6 unlicensed health care personnel are already required to

7 submit to rigorous background check protocols before they

8 can be considered by a health care employer.

9 (7) It is right and fitting that licensed health care

10 professionals be subject to the same criminal background

11 check requirements as their unlicensed counterparts.

12 Section 5. The Acupuncture Practice Act is amended by

13 changing Section 110 and by adding Section 40.5 as follows:

14 (225 ILCS 2/40.5 new)

15 Sec. 40.5. Criminal history. Any Department process under

16 statute or rule used to verify the criminal history of an

17 applicant for licensure under this Act shall be used for all

18 applicants for licensure, applicants for renewal of a license,

19 or persons whose conviction of a crime or other behavior

20 warrants review of a license under this Act.

21 (225 ILCS 2/110)

22 (Section scheduled to be repealed on January 1, 2028)

23 Sec. 110. Grounds for disciplinary action.

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1 (a) The Department may refuse to issue or to renew, place

2 on probation, suspend, revoke or take other disciplinary or

3 non-disciplinary action as deemed appropriate including the

4 imposition of fines not to exceed $10,000 for each violation,

5 as the Department may deem proper, with regard to a license for

6 any one or combination of the following causes:

7 (1) Violations of this Act or its rules.

8 (2) Conviction by plea of guilty or nolo contendere,

9 finding of guilt, jury verdict, or entry of judgment or

10 sentencing, including, but not limited to, convictions,

11 preceding sentences of supervision, conditional discharge,

12 or first offender probation, under the laws of any

13 jurisdiction of the United States that is (i) a felony or

14 (ii) a misdemeanor, an essential element of which is

15 dishonesty or that is directly related to the practice of

16 the profession.

17 (3) Making any misrepresentation for the purpose of

18 obtaining a license.

19 (4) Aiding or assisting another person in violating

20 any provision of this Act or its rules.

21 (5) Failing to provide information within 60 days in

22 response to a written request made by the Department which

23 has been sent by certified or registered mail to the

24 licensee's address of record or by email to the licensee's

25 email address of record.

26 (6) Discipline by another U.S. jurisdiction or foreign

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1 nation, if at least one of the grounds for the discipline

2 is the same or substantially equivalent to one set forth

3 in this Section.

4 (7) Solicitation of professional services by means

5 other than permitted under this Act.

6 (8) Failure to provide a patient with a copy of his or

7 her record upon the written request of the patient.

8 (9) Gross negligence in the practice of acupuncture.

9 (10) Habitual or excessive use or addiction to

10 alcohol, narcotics, stimulants, or any other chemical

11 agent or drug that results in an acupuncturist's inability

12 to practice with reasonable judgment, skill, or safety.

13 (11) A finding that licensure has been applied for or

14 obtained by fraudulent means.

15 (12) A pattern of practice or other behavior that

16 demonstrates incapacity or incompetence to practice under

17 this Act.

18 (13) Being named as a perpetrator in an indicated

19 report by the Department of Children and Family Services

20 under the Abused and Neglected Child Reporting Act and

21 upon proof by clear and convincing evidence that the

22 licensee has caused a child to be an abused child or a

23 neglected child as defined in the Abused and Neglected

24 Child Reporting Act.

25 (14) Willfully failing to report an instance of

26 suspected child abuse or neglect as required by the Abused

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1 and Neglected Child Reporting Act.

2 (15) The use of any words, abbreviations, figures or

3 letters (such as "Acupuncturist", "Licensed

4 Acupuncturist", "Certified Acupuncturist", "Doctor of

5 Acupuncture and Chinese Medicine", "Doctor of Acupuncture

6 and Oriental Medicine", "Doctor of Acupuncture", "Oriental

7 Medicine Practitioner", "Licensed Oriental Medicine

8 Practitioner", "Oriental Medicine Doctor", "Licensed

9 Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.",

10 "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any

11 designation used by the Accreditation Commission for

12 Acupuncture and Oriental Medicine with the intention of

13 indicating practice as a licensed acupuncturist without a

14 valid license as an acupuncturist issued under this Act.

15 When the name of the licensed acupuncturist is used

16 professionally in oral, written, or printed announcements,

17 professional cards, or publications for the information of

18 the public, the degree title or degree abbreviation shall

19 be added immediately following title and name. When the

20 announcement, professional card, or publication is in

21 writing or in print, the explanatory addition shall be in

22 writing, type, or print not less than 1/2 the size of that

23 used in the name and title. No person other than the holder

24 of a valid existing license under this Act shall use the

25 title and designation of "acupuncturist", either directly

26 or indirectly, in connection with his or her profession or

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1 business.

2 (16) Using claims of superior quality of care to

3 entice the public or advertising fee comparisons of

4 available services with those of other persons providing

5 acupuncture services.

6 (17) Advertising of professional services that the

7 offeror of the services is not licensed to render.

8 Advertising of professional services that contains false,

9 fraudulent, deceptive, or misleading material or

10 guarantees of success, statements that play upon the

11 vanity or fears of the public, or statements that promote

12 or produce unfair competition.

13 (18) Having treated ailments other than by the

14 practice of acupuncture as defined in this Act, or having

15 treated ailments of as a licensed acupuncturist pursuant

16 to a referral by written order that provides for

17 management of the patient by a physician or dentist

18 without having notified the physician or dentist who

19 established the diagnosis that the patient is receiving

20 acupuncture treatments.

21 (19) Unethical, unauthorized, or unprofessional

22 conduct as defined by rule.

23 (20) Physical illness, mental illness, or other

24 impairment that results in the inability to practice the

25 profession with reasonable judgment, skill, and safety,

26 including, without limitation, deterioration through the

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1 aging process, mental illness, or disability.

2 (21) Violation of the Health Care Worker Self-Referral

3 Act.

4 (22) Failure to refer a patient whose condition

5 should, at the time of evaluation or treatment, be

6 determined to be beyond the scope of practice of the

7 acupuncturist to a licensed physician or dentist.

8 (23) Holding himself or herself out as being trained

9 in Chinese herbology without being able to provide the

10 Department with proof of status as a Diplomate of Oriental

11 Medicine certified by the National Certification

12 Commission for Acupuncture and Oriental Medicine or a

13 substantially equivalent status approved by the Department

14 or proof that he or she has successfully completed the

15 National Certification Commission for Acupuncture and

16 Oriental Medicine Chinese Herbology Examination or a

17 substantially equivalent examination approved by the

18 Department.

19 Notwithstanding anything in this Act to the contrary, a

20 finding of guilt by a judge or jury, a guilty plea, or plea of

21 no contest entered after the effective date of this amendatory

22 Act of the 103rd General Assembly of any of the offenses listed

23 in subsection (a) or (a-1) of Section 25 of the Health Care

24 Worker Background Check Act, except for Section 16-25 of the

25 Criminal Code of 2012, is a disqualifying offense, and the

26 individual's license shall be automatically revoked when the

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1 Department is notified that the individual has been found

2 guilty or has pled guilty or no contest. The individual may

3 appeal the revocation to the Department only upon the reversal

4 of the criminal conviction.

5 The entry of an order by a circuit court establishing that

6 any person holding a license under this Act is subject to

7 involuntary admission or judicial admission as provided for in

8 the Mental Health and Developmental Disabilities Code operates

9 as an automatic suspension of that license. That person may

10 have his or her license restored only upon the determination

11 by a circuit court that the patient is no longer subject to

12 involuntary admission or judicial admission and the issuance

13 of an order so finding and discharging the patient and upon the

14 Board's recommendation to the Department that the license be

15 restored. Where the circumstances so indicate, the Board may

16 recommend to the Department that it require an examination

17 prior to restoring a suspended license.

18 The Department may refuse to issue or renew the license of

19 any person who fails to (i) file a return or to pay the tax,

20 penalty or interest shown in a filed return or (ii) pay any

21 final assessment of the tax, penalty, or interest as required

22 by any tax Act administered by the Illinois Department of

23 Revenue, until the time that the requirements of that tax Act

24 are satisfied.

25 In enforcing this Section, the Department upon a showing

26 of a possible violation may compel an individual licensed to

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1 practice under this Act, or who has applied for licensure

2 under this Act, to submit to a mental or physical examination,

3 or both, as required by and at the expense of the Department.

4 The Department may order the examining physician to present

5 testimony concerning the mental or physical examination of the

6 licensee or applicant. No information shall be excluded by

7 reason of any common law or statutory privilege relating to

8 communications between the licensee or applicant and the

9 examining physician. The examining physicians shall be

10 specifically designated by the Department. The individual to

11 be examined may have, at his or her own expense, another

12 physician of his or her choice present during all aspects of

13 this examination. Failure of an individual to submit to a

14 mental or physical examination, when directed, shall be

15 grounds for suspension of his or her license until the

16 individual submits to the examination if the Department finds,

17 after notice and hearing, that the refusal to submit to the

18 examination was without reasonable cause.

19 If the Department finds an individual unable to practice

20 because of the reasons set forth in this Section, the

21 Department may require that individual to submit to care,

22 counseling, or treatment by physicians approved or designated

23 by the Department, as a condition, term, or restriction for

24 continued, restored, or renewed licensure to practice; or, in

25 lieu of care, counseling, or treatment, the Department may

26 file a complaint to immediately suspend, revoke, or otherwise

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1 discipline the license of the individual. An individual whose

2 license was granted, continued, restored, renewed, disciplined

3 or supervised subject to such terms, conditions, or

4 restrictions, and who fails to comply with such terms,

5 conditions, or restrictions, shall be referred to the

6 Secretary for a determination as to whether the individual

7 shall have his or her license suspended immediately, pending a

8 hearing by the Department.

9 In instances in which the Secretary immediately suspends a

10 person's license under this Section, a hearing on that

11 person's license must be convened by the Department within 30

12 days after the suspension and completed without appreciable

13 delay. The Department and Board shall have the authority to

14 review the subject individual's record of treatment and

15 counseling regarding the impairment to the extent permitted by

16 applicable federal statutes and regulations safeguarding the

17 confidentiality of medical records.

18 An individual licensed under this Act and affected under

19 this Section shall be afforded an opportunity to demonstrate

20 to the Department that he or she can resume practice in

21 compliance with acceptable and prevailing standards under the

22 provisions of his or her license.

23 (Source: P.A. 100-375, eff. 8-25-17; 101-201, eff. 1-1-20.)

24 Section 10. The Illinois Athletic Trainers Practice Act is

25 amended by changing Sections 9 and 16 as follows:

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1 (225 ILCS 5/9) (from Ch. 111, par. 7609)

2 (Section scheduled to be repealed on January 1, 2026)

3 Sec. 9. Qualifications for licensure. A person shall be

4 qualified for licensure as an athletic trainer if he or she

5 fulfills all of the following:

6 (a) Has graduated from a curriculum in athletic

7 training accredited by the Commission on Accreditation of

8 Athletic Training Education (CAATE), its successor entity,

9 or its equivalent, as approved by the Department.

10 (b) Gives proof of current certification, on the date

11 of application, in cardiopulmonary resuscitation (CPR) and

12 automated external defibrillators (AED) for Healthcare

13 Providers and Professional Rescuers or its equivalent

14 based on American Red Cross or American Heart Association

15 standards.

16 (b-5) Has graduated from a 4 year accredited college

17 or university.

18 (c) Has passed an examination approved by the

19 Department to determine his or her fitness for practice as

20 an athletic trainer, or is entitled to be licensed without

21 examination as provided in Sections 7 and 8 of this Act.

22 Any Department process under statute or rule used to

23 verify the criminal history of an applicant for licensure

24 under this Act shall be used for all applicants for licensure,

25 applicants for renewal of a license, or persons whose

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1 conviction of a crime or other behavior warrants review of a

2 license under this Act.

3 (Source: P.A. 99-469, eff. 8-26-15.)

4 (225 ILCS 5/16) (from Ch. 111, par. 7616)

5 (Section scheduled to be repealed on January 1, 2026)

6 Sec. 16. Grounds for discipline.

7 (1) The Department may refuse to issue or renew, or may

8 revoke, suspend, place on probation, reprimand, or take other

9 disciplinary action as the Department may deem proper,

10 including fines not to exceed $10,000 for each violation, with

11 regard to any licensee for any one or combination of the

12 following:

13 (A) Material misstatement in furnishing information to

14 the Department;

15 (B) Violations of this Act, or of the rules or

16 regulations promulgated hereunder;

17 (C) Conviction of or plea of guilty to any crime under

18 the Criminal Code of 2012 or the laws of any jurisdiction

19 of the United States that is (i) a felony, (ii) a

20 misdemeanor, an essential element of which is dishonesty,

21 or (iii) of any crime that is directly related to the

22 practice of the profession;

23 (D) Fraud or any misrepresentation in applying for or

24 procuring a license under this Act, or in connection with

25 applying for renewal of a license under this Act;

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1 (E) Professional incompetence or gross negligence;

2 (F) Malpractice;

3 (G) Aiding or assisting another person, firm,

4 partnership, or corporation in violating any provision of

5 this Act or rules;

6 (H) Failing, within 60 days, to provide information in

7 response to a written request made by the Department;

8 (I) Engaging in dishonorable, unethical, or

9 unprofessional conduct of a character likely to deceive,

10 defraud or harm the public;

11 (J) Habitual or excessive use or abuse of drugs

12 defined in law as controlled substances, alcohol, or any

13 other substance that results in the inability to practice

14 with reasonable judgment, skill, or safety;

15 (K) Discipline by another state, unit of government,

16 government agency, the District of Columbia, territory, or

17 foreign nation, if at least one of the grounds for the

18 discipline is the same or substantially equivalent to

19 those set forth herein;

20 (L) Directly or indirectly giving to or receiving from

21 any person, firm, corporation, partnership, or association

22 any fee, commission, rebate, or other form of compensation

23 for any professional services not actually or personally

24 rendered. Nothing in this subparagraph (L) affects any

25 bona fide independent contractor or employment

26 arrangements among health care professionals, health

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1 facilities, health care providers, or other entities,

2 except as otherwise prohibited by law. Any employment

3 arrangements may include provisions for compensation,

4 health insurance, pension, or other employment benefits

5 for the provision of services within the scope of the

6 licensee's practice under this Act. Nothing in this

7 subparagraph (L) shall be construed to require an

8 employment arrangement to receive professional fees for

9 services rendered;

10 (M) A finding by the Department that the licensee

11 after having his or her license disciplined has violated

12 the terms of probation;

13 (N) Abandonment of an athlete;

14 (O) Willfully making or filing false records or

15 reports in his or her practice, including but not limited

16 to false records filed with State agencies or departments;

17 (P) Willfully failing to report an instance of

18 suspected child abuse or neglect as required by the Abused

19 and Neglected Child Reporting Act;

20 (Q) Physical illness, including but not limited to

21 deterioration through the aging process, or loss of motor

22 skill that results in the inability to practice the

23 profession with reasonable judgment, skill, or safety;

24 (R) Solicitation of professional services other than

25 by permitted institutional policy;

26 (S) The use of any words, abbreviations, figures or

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1 letters with the intention of indicating practice as an

2 athletic trainer without a valid license as an athletic

3 trainer under this Act;

4 (T) The evaluation or treatment of ailments of human

5 beings other than by the practice of athletic training as

6 defined in this Act or the treatment of injuries of

7 athletes by a licensed athletic trainer except by the

8 referral of a physician, physician assistant, advanced

9 practice registered nurse, podiatric physician, or

10 dentist;

11 (U) Willfully violating or knowingly assisting in the

12 violation of any law of this State relating to the use of

13 habit-forming drugs;

14 (V) Willfully violating or knowingly assisting in the

15 violation of any law of this State relating to the

16 practice of abortion;

17 (W) Continued practice by a person knowingly having an

18 infectious communicable or contagious disease;

19 (X) Being named as a perpetrator in an indicated

20 report by the Department of Children and Family Services

21 pursuant to the Abused and Neglected Child Reporting Act

22 and upon proof by clear and convincing evidence that the

23 licensee has caused a child to be an abused child or

24 neglected child as defined in the Abused and Neglected

25 Child Reporting Act;

26 (X-5) Failure to provide a monthly report on the

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1 patient's progress to the referring physician, physician

2 assistant, advanced practice registered nurse, podiatric

3 physician, or dentist;

4 (Y) (Blank);

5 (Z) Failure to fulfill continuing education

6 requirements;

7 (AA) Allowing one's license under this Act to be used

8 by an unlicensed person in violation of this Act;

9 (BB) Practicing under a false or, except as provided

10 by law, assumed name;

11 (CC) Promotion of the sale of drugs, devices,

12 appliances, or goods provided in any manner to exploit the

13 client for the financial gain of the licensee;

14 (DD) Gross, willful, or continued overcharging for

15 professional services;

16 (EE) Mental illness or disability that results in the

17 inability to practice under this Act with reasonable

18 judgment, skill, or safety;

19 (FF) Cheating on or attempting to subvert the

20 licensing examination administered under this Act;

21 (GG) Violation of the Health Care Worker Self-Referral

22 Act; or

23 (HH) Failure by a supervising athletic trainer of an

24 aide to maintain contact, including personal supervision

25 and instruction, to ensure the safety and welfare of an

26 athlete.

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1 All fines imposed under this Section shall be paid within

2 60 days after the effective date of the order imposing the fine

3 or in accordance with the terms set forth in the order imposing

4 the fine.

5 (1.5) Notwithstanding anything in this Act to the

6 contrary, a finding of guilt by a judge or jury, a guilty plea,

7 or plea of no contest entered after the effective date of this

8 amendatory Act of the 103rd General Assembly of any of the

9 offenses listed in subsection (a) or (a-1) of Section 25 of the

10 Health Care Worker Background Check Act, except for Section

11 16-25 of the Criminal Code of 2012, is a disqualifying

12 offense, and the individual's license shall be automatically

13 revoked when the Department is notified that the individual

14 has been found guilty or has pled guilty or no contest. The

15 individual may appeal the revocation to the Department only

16 upon the reversal of the criminal conviction.

17 (2) The determination by a circuit court that a licensee

18 is subject to involuntary admission or judicial admission as

19 provided in the Mental Health and Developmental Disabilities

20 Code operates as an automatic suspension. Such suspension will

21 end only upon a finding by a court that the licensee is no

22 longer subject to involuntary admission or judicial admission

23 and issuance of an order so finding and discharging the

24 licensee.

25 (3) The Department may refuse to issue or may suspend

26 without hearing, as provided for in the Code of Civil

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1 Procedure, the license of any person who fails to file a

2 return, to pay the tax, penalty, or interest shown in a filed

3 return, or to pay any final assessment of tax, penalty, or

4 interest as required by any tax Act administered by the

5 Illinois Department of Revenue, until such time as the

6 requirements of any such tax Act are satisfied in accordance

7 with subsection (a) of Section 2105-15 of the Department of

8 Professional Regulation Law of the Civil Administrative Code

9 of Illinois.

10 (4) In enforcing this Section, the Department, upon a

11 showing of a possible violation, may compel any individual who

12 is licensed under this Act or any individual who has applied

13 for licensure to submit to a mental or physical examination or

14 evaluation, or both, which may include a substance abuse or

15 sexual offender evaluation, at the expense of the Department.

16 The Department shall specifically designate the examining

17 physician licensed to practice medicine in all of its branches

18 or, if applicable, the multidisciplinary team involved in

19 providing the mental or physical examination and evaluation.

20 The multidisciplinary team shall be led by a physician

21 licensed to practice medicine in all of its branches and may

22 consist of one or more or a combination of physicians licensed

23 to practice medicine in all of its branches, licensed

24 chiropractic physicians, licensed clinical psychologists,

25 licensed clinical social workers, licensed clinical

26 professional counselors, and other professional and

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1 administrative staff. Any examining physician or member of the

2 multidisciplinary team may require any person ordered to

3 submit to an examination and evaluation pursuant to this

4 Section to submit to any additional supplemental testing

5 deemed necessary to complete any examination or evaluation

6 process, including, but not limited to, blood testing,

7 urinalysis, psychological testing, or neuropsychological

8 testing.

9 The Department may order the examining physician or any

10 member of the multidisciplinary team to provide to the

11 Department any and all records, including business records,

12 that relate to the examination and evaluation, including any

13 supplemental testing performed. The Department may order the

14 examining physician or any member of the multidisciplinary

15 team to present testimony concerning this examination and

16 evaluation of the licensee or applicant, including testimony

17 concerning any supplemental testing or documents relating to

18 the examination and evaluation. No information, report,

19 record, or other documents in any way related to the

20 examination and evaluation shall be excluded by reason of any

21 common law or statutory privilege relating to communication

22 between the licensee or applicant and the examining physician

23 or any member of the multidisciplinary team. No authorization

24 is necessary from the licensee or applicant ordered to undergo

25 an evaluation and examination for the examining physician or

26 any member of the multidisciplinary team to provide

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1 information, reports, records, or other documents or to

2 provide any testimony regarding the examination and

3 evaluation. The individual to be examined may have, at his or

4 her own expense, another physician of his or her choice

5 present during all aspects of the examination.

6 Failure of any individual to submit to a mental or

7 physical examination or evaluation, or both, when directed,

8 shall result in an automatic suspension without hearing, until

9 such time as the individual submits to the examination. If the

10 Department finds a licensee unable to practice because of the

11 reasons set forth in this Section, the Department shall

12 require the licensee to submit to care, counseling, or

13 treatment by physicians approved or designated by the

14 Department as a condition for continued, reinstated, or

15 renewed licensure.

16 When the Secretary immediately suspends a license under

17 this Section, a hearing upon such person's license must be

18 convened by the Department within 15 days after the suspension

19 and completed without appreciable delay. The Department shall

20 have the authority to review the licensee's record of

21 treatment and counseling regarding the impairment to the

22 extent permitted by applicable federal statutes and

23 regulations safeguarding the confidentiality of medical

24 records.

25 Individuals licensed under this Act who are affected under

26 this Section shall be afforded an opportunity to demonstrate

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1 to the Department that they can resume practice in compliance

2 with acceptable and prevailing standards under the provisions

3 of their license.

4 (5) (Blank).

5 (6) In cases where the Department of Healthcare and Family

6 Services has previously determined a licensee or a potential

7 licensee is more than 30 days delinquent in the payment of

8 child support and has subsequently certified the delinquency

9 to the Department, the Department may refuse to issue or renew

10 or may revoke or suspend that person's license or may take

11 other disciplinary action against that person based solely

12 upon the certification of delinquency made by the Department

13 of Healthcare and Family Services in accordance with paragraph

14 (5) of subsection (a) of Section 2105-15 of the Department of

15 Professional Regulation Law of the Civil Administrative Code

16 of Illinois.

17 (Source: P.A. 102-940, eff. 1-1-23.)

18 Section 15. The Illinois Dental Practice Act is amended by

19 changing Section 23 and by adding Section 23d as follows:

20 (225 ILCS 25/23) (from Ch. 111, par. 2323)

21 (Section scheduled to be repealed on January 1, 2026)

22 Sec. 23. Refusal, revocation or suspension of dental

23 licenses. The Department may refuse to issue or renew, or may

24 revoke, suspend, place on probation, reprimand or take other

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1 disciplinary or non-disciplinary action as the Department may

2 deem proper, including imposing fines not to exceed $10,000

3 per violation, with regard to any license for any one or any

4 combination of the following causes:

5 1. Fraud or misrepresentation in applying for or

6 procuring a license under this Act, or in connection with

7 applying for renewal of a license under this Act.

8 2. Inability to practice with reasonable judgment,

9 skill, or safety as a result of habitual or excessive use

10 or addiction to alcohol, narcotics, stimulants, or any

11 other chemical agent or drug.

12 3. Willful or repeated violations of the rules of the

13 Department of Public Health or Department of Nuclear

14 Safety.

15 4. Acceptance of a fee for service as a witness,

16 without the knowledge of the court, in addition to the fee

17 allowed by the court.

18 5. Division of fees or agreeing to split or divide the

19 fees received for dental services with any person for

20 bringing or referring a patient, except in regard to

21 referral services as provided for under Section 45, or

22 assisting in the care or treatment of a patient, without

23 the knowledge of the patient or his or her legal

24 representative. Nothing in this item 5 affects any bona

25 fide independent contractor or employment arrangements

26 among health care professionals, health facilities, health

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1 care providers, or other entities, except as otherwise

2 prohibited by law. Any employment arrangements may include

3 provisions for compensation, health insurance, pension, or

4 other employment benefits for the provision of services

5 within the scope of the licensee's practice under this

6 Act. Nothing in this item 5 shall be construed to require

7 an employment arrangement to receive professional fees for

8 services rendered.

9 6. Employing, procuring, inducing, aiding or abetting

10 a person not licensed or registered as a dentist or dental

11 hygienist to engage in the practice of dentistry or dental

12 hygiene. The person practiced upon is not an accomplice,

13 employer, procurer, inducer, aider, or abetter within the

14 meaning of this Act.

15 7. Making any misrepresentations or false promises,

16 directly or indirectly, to influence, persuade or induce

17 dental patronage.

18 8. Professional connection or association with or

19 lending his or her name to another for the illegal

20 practice of dentistry by another, or professional

21 connection or association with any person, firm or

22 corporation holding himself, herself, themselves, or

23 itself out in any manner contrary to this Act.

24 9. Obtaining or seeking to obtain practice, money, or

25 any other things of value by false or fraudulent

26 representations, but not limited to, engaging in such

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1 fraudulent practice to defraud the medical assistance

2 program of the Department of Healthcare and Family

3 Services (formerly Department of Public Aid) under the

4 Illinois Public Aid Code.

5 10. Practicing under a false or, except as provided by

6 law, an assumed name.

7 11. Engaging in dishonorable, unethical, or

8 unprofessional conduct of a character likely to deceive,

9 defraud, or harm the public.

10 12. Conviction by plea of guilty or nolo contendere,

11 finding of guilt, jury verdict, or entry of judgment or by

12 sentencing for any crime, including, but not limited to,

13 convictions, preceding sentences of supervision,

14 conditional discharge, or first offender probation, under

15 the laws of any jurisdiction of the United States that (i)

16 is a felony under the laws of this State or (ii) is a

17 misdemeanor, an essential element of which is dishonesty,

18 or that is directly related to the practice of dentistry.

19 13. Permitting a dental hygienist, dental assistant or

20 other person under his or her supervision to perform any

21 operation not authorized by this Act.

22 14. Permitting more than 4 dental hygienists to be

23 employed under his or her supervision at any one time.

24 15. A violation of any provision of this Act or any

25 rules promulgated under this Act.

26 16. Taking impressions for or using the services of

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1 any person, firm or corporation violating this Act.

2 17. Violating any provision of Section 45 relating to

3 advertising.

4 18. Discipline by another U.S. jurisdiction or foreign

5 nation, if at least one of the grounds for the discipline

6 is the same or substantially equivalent to those set forth

7 within this Act.

8 19. Willfully failing to report an instance of

9 suspected child abuse or neglect as required by the Abused

10 and Neglected Child Reporting Act.

11 20. Gross negligence in practice under this Act.

12 21. The use or prescription for use of narcotics or

13 controlled substances or designated products as listed in

14 the Illinois Controlled Substances Act, in any way other

15 than for therapeutic purposes.

16 22. Willfully making or filing false records or

17 reports in his or her practice as a dentist, including,

18 but not limited to, false records to support claims

19 against the dental assistance program of the Department of

20 Healthcare and Family Services (formerly Illinois

21 Department of Public Aid).

22 23. Professional incompetence as manifested by poor

23 standards of care.

24 24. Physical or mental illness, including, but not

25 limited to, deterioration through the aging process, or

26 loss of motor skills which results in a dentist's

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1 inability to practice dentistry with reasonable judgment,

2 skill or safety. In enforcing this paragraph, the

3 Department may compel a person licensed to practice under

4 this Act to submit to a mental or physical examination

5 pursuant to the terms and conditions of Section 23b.

6 25. Gross or repeated irregularities in billing for

7 services rendered to a patient. For purposes of this

8 paragraph 25, "irregularities in billing" shall include:

9 (a) Reporting excessive charges for the purpose of

10 obtaining a total payment in excess of that usually

11 received by the dentist for the services rendered.

12 (b) Reporting charges for services not rendered.

13 (c) Incorrectly reporting services rendered for

14 the purpose of obtaining payment not earned.

15 26. Continuing the active practice of dentistry while

16 knowingly having any infectious, communicable, or

17 contagious disease proscribed by rule or regulation of the

18 Department.

19 27. Being named as a perpetrator in an indicated

20 report by the Department of Children and Family Services

21 pursuant to the Abused and Neglected Child Reporting Act,

22 and upon proof by clear and convincing evidence that the

23 licensee has caused a child to be an abused child or

24 neglected child as defined in the Abused and Neglected

25 Child Reporting Act.

26 28. Violating the Health Care Worker Self-Referral

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1 Act.

2 29. Abandonment of a patient.

3 30. Mental incompetency as declared by a court of

4 competent jurisdiction.

5 31. A finding by the Department that the licensee,

6 after having his or her license placed on probationary

7 status, has violated the terms of probation.

8 32. Material misstatement in furnishing information to

9 the Department.

10 33. Failing, within 60 days, to provide information in

11 response to a written request by the Department in the

12 course of an investigation.

13 34. Immoral conduct in the commission of any act,

14 including, but not limited to, commission of an act of

15 sexual misconduct related to the licensee's practice.

16 35. Cheating on or attempting to subvert the licensing

17 examination administered under this Act.

18 36. A pattern of practice or other behavior that

19 demonstrates incapacity or incompetence to practice under

20 this Act.

21 37. Failure to establish and maintain records of

22 patient care and treatment as required under this Act.

23 38. Failure to provide copies of dental records as

24 required by law.

25 39. Failure of a licensed dentist who owns or is

26 employed at a dental office to give notice of an office

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1 closure to his or her patients at least 30 days prior to

2 the office closure pursuant to Section 50.1.

3 40. Failure to maintain a sanitary work environment.

4 All proceedings to suspend, revoke, place on probationary

5 status, or take any other disciplinary action as the

6 Department may deem proper, with regard to a license on any of

7 the foregoing grounds, must be commenced within 5 years after

8 receipt by the Department of a complaint alleging the

9 commission of or notice of the conviction order for any of the

10 acts described herein. Except for fraud in procuring a

11 license, no action shall be commenced more than 7 years after

12 the date of the incident or act alleged to have violated this

13 Section. The time during which the holder of the license was

14 outside the State of Illinois shall not be included within any

15 period of time limiting the commencement of disciplinary

16 action by the Department.

17 Notwithstanding anything in this Act to the contrary, a

18 finding of guilt by a judge or jury, a guilty plea, or plea of

19 no contest entered after the effective date of this amendatory

20 Act of the 103rd General Assembly of any of the offenses listed

21 in subsection (a) or (a-1) of Section 25 of the Health Care

22 Worker Background Check Act, except for Section 16-25 of the

23 Criminal Code of 2012, is a disqualifying offense, and the

24 individual's license shall be automatically revoked when the

25 Department is notified that the individual has been found

26 guilty or has pled guilty or no contest. The individual may

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1 appeal the revocation to the Department only upon the reversal

2 of the criminal conviction.

3 All fines imposed under this Section shall be paid within

4 60 days after the effective date of the order imposing the fine

5 or in accordance with the terms set forth in the order imposing

6 the fine.

7 The Department may refuse to issue or may suspend the

8 license of any person who fails to file a return, or to pay the

9 tax, penalty or interest shown in a filed return, or to pay any

10 final assessment of tax, penalty or interest, as required by

11 any tax Act administered by the Illinois Department of

12 Revenue, until such time as the requirements of any such tax

13 Act are satisfied.

14 Any dentist who has had his or her license suspended or

15 revoked for more than 5 years must comply with the

16 requirements for restoration set forth in Section 16 prior to

17 being eligible for reinstatement from the suspension or

18 revocation.

19 (Source: P.A. 103-425, eff. 1-1-24.)

20 (225 ILCS 25/23d new)

21 Sec. 23d. Criminal history. Any Department process under

22 statute or rule used to verify the criminal history of an

23 applicant for licensure under this Act shall be used for all

24 applicants for licensure, applicants for renewal of a license,

25 or persons whose conviction of a crime or other behavior

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1 warrants review of a license under this Act.

2 Section 25. The Massage Licensing Act is amended by

3 changing Sections 15 and 45 as follows:

4 (225 ILCS 57/15)

5 (Section scheduled to be repealed on January 1, 2027)

6 Sec. 15. Licensure requirements.

7 (a) Persons engaged in massage for compensation must be

8 licensed by the Department. The Department shall issue a

9 license to an individual who meets all of the following

10 requirements:

11 (1) The applicant has applied in writing on the

12 prescribed forms and has paid the required fees.

13 (2) The applicant is at least 18 years of age and of

14 good moral character. In determining good moral character,

15 the Department may take into consideration conviction of

16 any crime under the laws of the United States or any state

17 or territory thereof that is a felony or a misdemeanor or

18 any crime that is directly related to the practice of the

19 profession. Such a conviction shall not operate

20 automatically as a complete bar to a license, except in

21 the case of any conviction for prostitution, rape, or

22 sexual misconduct, or where the applicant is a registered

23 sex offender.

24 (3) The applicant has successfully completed a massage

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1 therapy program approved by the Department that requires a

2 minimum of 500 hours, except applicants applying on or

3 after January 1, 2014 shall meet a minimum requirement of

4 600 hours, and has passed a competency examination

5 approved by the Department.

6 (b) Each applicant for licensure as a massage therapist

7 shall have his or her fingerprints submitted to the Illinois

8 State Police in an electronic format that complies with the

9 form and manner for requesting and furnishing criminal history

10 record information as prescribed by the Illinois State Police.

11 These fingerprints shall be checked prior to the Department

12 issuing or renewing a license against the Illinois State

13 Police and Federal Bureau of Investigation criminal history

14 record databases now and hereafter filed. The Illinois State

15 Police shall charge applicants a fee for conducting the

16 criminal history records check, which shall be deposited into

17 the State Police Services Fund and shall not exceed the actual

18 cost of the records check. The Illinois State Police shall

19 furnish, pursuant to positive identification, records of

20 Illinois convictions to the Department. The Department may

21 require applicants to pay a separate fingerprinting fee,

22 either to the Department or to a vendor. The Department, in its

23 discretion, may allow an applicant who does not have

24 reasonable access to a designated vendor to provide his or her

25 fingerprints in an alternative manner. The Department may

26 adopt any rules necessary to implement this Section.

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1 (Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;

2 102-813, eff. 5-13-22.)

3 (225 ILCS 57/45)

4 (Section scheduled to be repealed on January 1, 2027)

5 Sec. 45. Grounds for discipline.

6 (a) The Department may refuse to issue or renew, or may

7 revoke, suspend, place on probation, reprimand, or take other

8 disciplinary or non-disciplinary action, as the Department

9 considers appropriate, including the imposition of fines not

10 to exceed $10,000 for each violation, with regard to any

11 license or licensee for any one or more of the following:

12 (1) violations of this Act or of the rules adopted

13 under this Act;

14 (2) conviction by plea of guilty or nolo contendere,

15 finding of guilt, jury verdict, or entry of judgment or by

16 sentencing of any crime, including, but not limited to,

17 convictions, preceding sentences of supervision,

18 conditional discharge, or first offender probation, under

19 the laws of any jurisdiction of the United States: (i)

20 that is a felony; or (ii) that is a misdemeanor, an

21 essential element of which is dishonesty, or that is

22 directly related to the practice of the profession;

23 (3) professional incompetence;

24 (4) advertising in a false, deceptive, or misleading

25 manner, including failing to use the massage therapist's

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1 own license number in an advertisement;

2 (5) aiding, abetting, assisting, procuring, advising,

3 employing, or contracting with any unlicensed person to

4 practice massage contrary to any rules or provisions of

5 this Act;

6 (6) engaging in immoral conduct in the commission of

7 any act, such as sexual abuse, sexual misconduct, or

8 sexual exploitation, related to the licensee's practice;

9 (7) engaging in dishonorable, unethical, or

10 unprofessional conduct of a character likely to deceive,

11 defraud, or harm the public;

12 (8) practicing or offering to practice beyond the

13 scope permitted by law or accepting and performing

14 professional responsibilities which the licensee knows or

15 has reason to know that he or she is not competent to

16 perform;

17 (9) knowingly delegating professional

18 responsibilities to a person unqualified by training,

19 experience, or licensure to perform;

20 (10) failing to provide information in response to a

21 written request made by the Department within 60 days;

22 (11) having a habitual or excessive use of or

23 addiction to alcohol, narcotics, stimulants, or any other

24 chemical agent or drug which results in the inability to

25 practice with reasonable judgment, skill, or safety;

26 (12) having a pattern of practice or other behavior

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1 that demonstrates incapacity or incompetence to practice

2 under this Act;

3 (13) discipline by another state, District of

4 Columbia, territory, or foreign nation, if at least one of

5 the grounds for the discipline is the same or

6 substantially equivalent to those set forth in this

7 Section;

8 (14) a finding by the Department that the licensee,

9 after having his or her license placed on probationary

10 status, has violated the terms of probation;

11 (15) willfully making or filing false records or

12 reports in his or her practice, including, but not limited

13 to, false records filed with State agencies or

14 departments;

15 (16) making a material misstatement in furnishing

16 information to the Department or otherwise making

17 misleading, deceptive, untrue, or fraudulent

18 representations in violation of this Act or otherwise in

19 the practice of the profession;

20 (17) fraud or misrepresentation in applying for or

21 procuring a license under this Act or in connection with

22 applying for renewal of a license under this Act;

23 (18) inability to practice the profession with

24 reasonable judgment, skill, or safety as a result of

25 physical illness, including, but not limited to,

26 deterioration through the aging process, loss of motor

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1 skill, or a mental illness or disability;

2 (19) charging for professional services not rendered,

3 including filing false statements for the collection of

4 fees for which services are not rendered;

5 (20) practicing under a false or, except as provided

6 by law, an assumed name; or

7 (21) cheating on or attempting to subvert the

8 licensing examination administered under this Act.

9 All fines shall be paid within 60 days of the effective

10 date of the order imposing the fine.

11 (a-5) Notwithstanding anything in this Act to the

12 contrary, a finding of guilt by a judge or jury, a guilty plea,

13 or plea of no contest entered after the effective date of this

14 amendatory Act of the 103rd General Assembly of any of the

15 offenses listed in subsection (a) or (a-1) of Section 25 of the

16 Health Care Worker Background Check Act, except for Section

17 16-25 of the Criminal Code of 2012, is a disqualifying

18 offense, and the individual's license shall be automatically

19 revoked when the Department is notified that the individual

20 has been found guilty or has pled guilty or no contest. The

21 individual may appeal the revocation to the Department only

22 upon the reversal of the criminal conviction.

23 (b) A person not licensed under this Act and engaged in the

24 business of offering massage therapy services through others,

25 shall not aid, abet, assist, procure, advise, employ, or

26 contract with any unlicensed person to practice massage

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1 therapy contrary to any rules or provisions of this Act. A

2 person violating this subsection (b) shall be treated as a

3 licensee for the purposes of disciplinary action under this

4 Section and shall be subject to cease and desist orders as

5 provided in Section 90 of this Act.

6 (c) The Department shall revoke any license issued under

7 this Act of any person who is convicted of prostitution, rape,

8 sexual misconduct, or any crime that subjects the licensee to

9 compliance with the requirements of the Sex Offender

10 Registration Act and any such conviction shall operate as a

11 permanent bar in the State of Illinois to practice as a massage

12 therapist.

13 (d) The Department may refuse to issue or may suspend the

14 license of any person who fails to file a tax return, to pay

15 the tax, penalty, or interest shown in a filed tax return, or

16 to pay any final assessment of tax, penalty, or interest, as

17 required by any tax Act administered by the Illinois

18 Department of Revenue, until such time as the requirements of

19 the tax Act are satisfied in accordance with subsection (g) of

20 Section 2105-15 of the Civil Administrative Code of Illinois.

21 (e) (Blank).

22 (f) In cases where the Department of Healthcare and Family

23 Services has previously determined that a licensee or a

24 potential licensee is more than 30 days delinquent in the

25 payment of child support and has subsequently certified the

26 delinquency to the Department, the Department may refuse to

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1 issue or renew or may revoke or suspend that person's license

2 or may take other disciplinary action against that person

3 based solely upon the certification of delinquency made by the

4 Department of Healthcare and Family Services in accordance

5 with item (5) of subsection (a) of Section 2105-15 of the Civil

6 Administrative Code of Illinois.

7 (g) The determination by a circuit court that a licensee

8 is subject to involuntary admission or judicial admission, as

9 provided in the Mental Health and Developmental Disabilities

10 Code, operates as an automatic suspension. The suspension will

11 end only upon a finding by a court that the patient is no

12 longer subject to involuntary admission or judicial admission

13 and the issuance of a court order so finding and discharging

14 the patient.

15 (h) In enforcing this Act, the Department or Board, upon a

16 showing of a possible violation, may compel an individual

17 licensed to practice under this Act, or who has applied for

18 licensure under this Act, to submit to a mental or physical

19 examination, or both, as required by and at the expense of the

20 Department. The Department or Board may order the examining

21 physician to present testimony concerning the mental or

22 physical examination of the licensee or applicant. No

23 information shall be excluded by reason of any common law or

24 statutory privilege relating to communications between the

25 licensee or applicant and the examining physician. The

26 examining physicians shall be specifically designated by the

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1 Board or Department. The individual to be examined may have,

2 at his or her own expense, another physician of his or her

3 choice present during all aspects of this examination. The

4 examination shall be performed by a physician licensed to

5 practice medicine in all its branches. Failure of an

6 individual to submit to a mental or physical examination, when

7 directed, shall result in an automatic suspension without

8 hearing.

9 A person holding a license under this Act or who has

10 applied for a license under this Act who, because of a physical

11 or mental illness or disability, including, but not limited

12 to, deterioration through the aging process or loss of motor

13 skill, is unable to practice the profession with reasonable

14 judgment, skill, or safety, may be required by the Department

15 to submit to care, counseling, or treatment by physicians

16 approved or designated by the Department as a condition, term,

17 or restriction for continued, reinstated, or renewed licensure

18 to practice. Submission to care, counseling, or treatment as

19 required by the Department shall not be considered discipline

20 of a license. If the licensee refuses to enter into a care,

21 counseling, or treatment agreement or fails to abide by the

22 terms of the agreement, the Department may file a complaint to

23 revoke, suspend, or otherwise discipline the license of the

24 individual. The Secretary may order the license suspended

25 immediately, pending a hearing by the Department. Fines shall

26 not be assessed in disciplinary actions involving physical or

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1 mental illness or impairment.

2 In instances in which the Secretary immediately suspends a

3 person's license under this Section, a hearing on that

4 person's license must be convened by the Department within 15

5 days after the suspension and completed without appreciable

6 delay. The Department and Board shall have the authority to

7 review the subject individual's record of treatment and

8 counseling regarding the impairment to the extent permitted by

9 applicable federal statutes and regulations safeguarding the

10 confidentiality of medical records.

11 An individual licensed under this Act and affected under

12 this Section shall be afforded an opportunity to demonstrate

13 to the Department or Board that he or she can resume practice

14 in compliance with acceptable and prevailing standards under

15 the provisions of his or her license.

16 (Source: P.A. 102-20, eff. 1-1-22.)

17 Section 30. The Medical Practice Act of 1987 is amended by

18 changing Sections 9.7 and 22 as follows:

19 (225 ILCS 60/9.7)

20 (Section scheduled to be repealed on January 1, 2027)

21 Sec. 9.7. Criminal history records background check. Each

22 applicant for licensure or permit under Sections 9, 18, and 19

23 shall have his or her fingerprints submitted to the Illinois

24 State Police in an electronic format that complies with the

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1 form and manner for requesting and furnishing criminal history

2 record information as prescribed by the Illinois State Police.

3 These fingerprints shall be checked prior to the Department

4 issuing or renewing a license against the Illinois State

5 Police and Federal Bureau of Investigation criminal history

6 record databases now and hereafter filed. The Illinois State

7 Police shall charge applicants a fee for conducting the

8 criminal history records check, which shall be deposited into

9 the State Police Services Fund and shall not exceed the actual

10 cost of the records check. The Illinois State Police shall

11 furnish, pursuant to positive identification, records of

12 Illinois convictions to the Department. The Department may

13 require applicants to pay a separate fingerprinting fee,

14 either to the Department or to a Department designated or

15 approved vendor. The Department, in its discretion, may allow

16 an applicant who does not have reasonable access to a

17 designated vendor to provide his or her fingerprints in an

18 alternative manner. The Department may adopt any rules

19 necessary to implement this Section.

20 (Source: P.A. 102-538, eff. 8-20-21.)

21 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)

22 (Section scheduled to be repealed on January 1, 2027)

23 Sec. 22. Disciplinary action.

24 (A) The Department may revoke, suspend, place on

25 probation, reprimand, refuse to issue or renew, or take any

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1 other disciplinary or non-disciplinary action as the

2 Department may deem proper with regard to the license or

3 permit of any person issued under this Act, including imposing

4 fines not to exceed $10,000 for each violation, upon any of the

5 following grounds:

6 (1) (Blank).

7 (2) (Blank).

8 (3) A plea of guilty or nolo contendere, finding of

9 guilt, jury verdict, or entry of judgment or sentencing,

10 including, but not limited to, convictions, preceding

11 sentences of supervision, conditional discharge, or first

12 offender probation, under the laws of any jurisdiction of

13 the United States of any crime that is a felony.

14 (4) Gross negligence in practice under this Act.

15 (5) Engaging in dishonorable, unethical, or

16 unprofessional conduct of a character likely to deceive,

17 defraud, or harm the public.

18 (6) Obtaining any fee by fraud, deceit, or

19 misrepresentation.

20 (7) Habitual or excessive use or abuse of drugs

21 defined in law as controlled substances, of alcohol, or of

22 any other substances which results in the inability to

23 practice with reasonable judgment, skill, or safety.

24 (8) Practicing under a false or, except as provided by

25 law, an assumed name.

26 (9) Fraud or misrepresentation in applying for, or

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1 procuring, a license under this Act or in connection with

2 applying for renewal of a license under this Act.

3 (10) Making a false or misleading statement regarding

4 their skill or the efficacy or value of the medicine,

5 treatment, or remedy prescribed by them at their direction

6 in the treatment of any disease or other condition of the

7 body or mind.

8 (11) Allowing another person or organization to use

9 their license, procured under this Act, to practice.

10 (12) Adverse action taken by another state or

11 jurisdiction against a license or other authorization to

12 practice as a medical doctor, doctor of osteopathy, doctor

13 of osteopathic medicine, or doctor of chiropractic, a

14 certified copy of the record of the action taken by the

15 other state or jurisdiction being prima facie evidence

16 thereof. This includes any adverse action taken by a State

17 or federal agency that prohibits a medical doctor, doctor

18 of osteopathy, doctor of osteopathic medicine, or doctor

19 of chiropractic from providing services to the agency's

20 participants.

21 (13) Violation of any provision of this Act or of the

22 Medical Practice Act prior to the repeal of that Act, or

23 violation of the rules, or a final administrative action

24 of the Secretary, after consideration of the

25 recommendation of the Medical Board.

26 (14) Violation of the prohibition against fee

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1 splitting in Section 22.2 of this Act.

2 (15) A finding by the Medical Board that the

3 registrant after having his or her license placed on

4 probationary status or subjected to conditions or

5 restrictions violated the terms of the probation or failed

6 to comply with such terms or conditions.

7 (16) Abandonment of a patient.

8 (17) Prescribing, selling, administering,

9 distributing, giving, or self-administering any drug

10 classified as a controlled substance (designated product)

11 or narcotic for other than medically accepted therapeutic

12 purposes.

13 (18) Promotion of the sale of drugs, devices,

14 appliances, or goods provided for a patient in such manner

15 as to exploit the patient for financial gain of the

16 physician.

17 (19) Offering, undertaking, or agreeing to cure or

18 treat disease by a secret method, procedure, treatment, or

19 medicine, or the treating, operating, or prescribing for

20 any human condition by a method, means, or procedure which

21 the licensee refuses to divulge upon demand of the

22 Department.

23 (20) Immoral conduct in the commission of any act

24 including, but not limited to, commission of an act of

25 sexual misconduct related to the licensee's practice.

26 (21) Willfully making or filing false records or

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1 reports in his or her practice as a physician, including,

2 but not limited to, false records to support claims

3 against the medical assistance program of the Department

4 of Healthcare and Family Services (formerly Department of

5 Public Aid) under the Illinois Public Aid Code.

6 (22) Willful omission to file or record, or willfully

7 impeding the filing or recording, or inducing another

8 person to omit to file or record, medical reports as

9 required by law, or willfully failing to report an

10 instance of suspected abuse or neglect as required by law.

11 (23) Being named as a perpetrator in an indicated

12 report by the Department of Children and Family Services

13 under the Abused and Neglected Child Reporting Act, and

14 upon proof by clear and convincing evidence that the

15 licensee has caused a child to be an abused child or

16 neglected child as defined in the Abused and Neglected

17 Child Reporting Act.

18 (24) Solicitation of professional patronage by any

19 corporation, agents, or persons, or profiting from those

20 representing themselves to be agents of the licensee.

21 (25) Gross and willful and continued overcharging for

22 professional services, including filing false statements

23 for collection of fees for which services are not

24 rendered, including, but not limited to, filing such false

25 statements for collection of monies for services not

26 rendered from the medical assistance program of the

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1 Department of Healthcare and Family Services (formerly

2 Department of Public Aid) under the Illinois Public Aid

3 Code.

4 (26) A pattern of practice or other behavior which

5 demonstrates incapacity or incompetence to practice under

6 this Act.

7 (27) Mental illness or disability which results in the

8 inability to practice under this Act with reasonable

9 judgment, skill, or safety.

10 (28) Physical illness, including, but not limited to,

11 deterioration through the aging process, or loss of motor

12 skill which results in a physician's inability to practice

13 under this Act with reasonable judgment, skill, or safety.

14 (29) Cheating on or attempting to subvert the

15 licensing examinations administered under this Act.

16 (30) Willfully or negligently violating the

17 confidentiality between physician and patient except as

18 required by law.

19 (31) The use of any false, fraudulent, or deceptive

20 statement in any document connected with practice under

21 this Act.

22 (32) Aiding and abetting an individual not licensed

23 under this Act in the practice of a profession licensed

24 under this Act.

25 (33) Violating State or federal laws or regulations

26 relating to controlled substances, legend drugs, or

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1 ephedra as defined in the Ephedra Prohibition Act.

2 (34) Failure to report to the Department any adverse

3 final action taken against them by another licensing

4 jurisdiction (any other state or any territory of the

5 United States or any foreign state or country), by any

6 peer review body, by any health care institution, by any

7 professional society or association related to practice

8 under this Act, by any governmental agency, by any law

9 enforcement agency, or by any court for acts or conduct

10 similar to acts or conduct which would constitute grounds

11 for action as defined in this Section.

12 (35) Failure to report to the Department surrender of

13 a license or authorization to practice as a medical

14 doctor, a doctor of osteopathy, a doctor of osteopathic

15 medicine, or doctor of chiropractic in another state or

16 jurisdiction, or surrender of membership on any medical

17 staff or in any medical or professional association or

18 society, while under disciplinary investigation by any of

19 those authorities or bodies, for acts or conduct similar

20 to acts or conduct which would constitute grounds for

21 action as defined in this Section.

22 (36) Failure to report to the Department any adverse

23 judgment, settlement, or award arising from a liability

24 claim related to acts or conduct similar to acts or

25 conduct which would constitute grounds for action as

26 defined in this Section.

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1 (37) Failure to provide copies of medical records as

2 required by law.

3 (38) Failure to furnish the Department, its

4 investigators or representatives, relevant information,

5 legally requested by the Department after consultation

6 with the Chief Medical Coordinator or the Deputy Medical

7 Coordinator.

8 (39) Violating the Health Care Worker Self-Referral

9 Act.

10 (40) (Blank).

11 (41) Failure to establish and maintain records of

12 patient care and treatment as required by this law.

13 (42) Entering into an excessive number of written

14 collaborative agreements with licensed advanced practice

15 registered nurses resulting in an inability to adequately

16 collaborate.

17 (43) Repeated failure to adequately collaborate with a

18 licensed advanced practice registered nurse.

19 (44) Violating the Compassionate Use of Medical

20 Cannabis Program Act.

21 (45) Entering into an excessive number of written

22 collaborative agreements with licensed prescribing

23 psychologists resulting in an inability to adequately

24 collaborate.

25 (46) Repeated failure to adequately collaborate with a

26 licensed prescribing psychologist.

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1 (47) Willfully failing to report an instance of

2 suspected abuse, neglect, financial exploitation, or

3 self-neglect of an eligible adult as defined in and

4 required by the Adult Protective Services Act.

5 (48) Being named as an abuser in a verified report by

6 the Department on Aging under the Adult Protective

7 Services Act, and upon proof by clear and convincing

8 evidence that the licensee abused, neglected, or

9 financially exploited an eligible adult as defined in the

10 Adult Protective Services Act.

11 (49) Entering into an excessive number of written

12 collaborative agreements with licensed physician

13 assistants resulting in an inability to adequately

14 collaborate.

15 (50) Repeated failure to adequately collaborate with a

16 physician assistant.

17 Except for actions involving the ground numbered (26), all

18 proceedings to suspend, revoke, place on probationary status,

19 or take any other disciplinary action as the Department may

20 deem proper, with regard to a license on any of the foregoing

21 grounds, must be commenced within 5 years next after receipt

22 by the Department of a complaint alleging the commission of or

23 notice of the conviction order for any of the acts described

24 herein. Except for the grounds numbered (8), (9), (26), and

25 (29), no action shall be commenced more than 10 years after the

26 date of the incident or act alleged to have violated this

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1 Section. For actions involving the ground numbered (26), a

2 pattern of practice or other behavior includes all incidents

3 alleged to be part of the pattern of practice or other behavior

4 that occurred, or a report pursuant to Section 23 of this Act

5 received, within the 10-year period preceding the filing of

6 the complaint. In the event of the settlement of any claim or

7 cause of action in favor of the claimant or the reduction to

8 final judgment of any civil action in favor of the plaintiff,

9 such claim, cause of action, or civil action being grounded on

10 the allegation that a person licensed under this Act was

11 negligent in providing care, the Department shall have an

12 additional period of 2 years from the date of notification to

13 the Department under Section 23 of this Act of such settlement

14 or final judgment in which to investigate and commence formal

15 disciplinary proceedings under Section 36 of this Act, except

16 as otherwise provided by law. The time during which the holder

17 of the license was outside the State of Illinois shall not be

18 included within any period of time limiting the commencement

19 of disciplinary action by the Department.

20 The entry of an order or judgment by any circuit court

21 establishing that any person holding a license under this Act

22 is a person in need of mental treatment operates as a

23 suspension of that license. That person may resume his or her

24 practice only upon the entry of a Departmental order based

25 upon a finding by the Medical Board that the person has been

26 determined to be recovered from mental illness by the court

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1 and upon the Medical Board's recommendation that the person be

2 permitted to resume his or her practice.

3 The Department may refuse to issue or take disciplinary

4 action concerning the license of any person who fails to file a

5 return, or to pay the tax, penalty, or interest shown in a

6 filed return, or to pay any final assessment of tax, penalty,

7 or interest, as required by any tax Act administered by the

8 Illinois Department of Revenue, until such time as the

9 requirements of any such tax Act are satisfied as determined

10 by the Illinois Department of Revenue.

11 The Department, upon the recommendation of the Medical

12 Board, shall adopt rules which set forth standards to be used

13 in determining:

14 (a) when a person will be deemed sufficiently

15 rehabilitated to warrant the public trust;

16 (b) what constitutes dishonorable, unethical, or

17 unprofessional conduct of a character likely to deceive,

18 defraud, or harm the public;

19 (c) what constitutes immoral conduct in the commission

20 of any act, including, but not limited to, commission of

21 an act of sexual misconduct related to the licensee's

22 practice; and

23 (d) what constitutes gross negligence in the practice

24 of medicine.

25 However, no such rule shall be admissible into evidence in

26 any civil action except for review of a licensing or other

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1 disciplinary action under this Act.

2 In enforcing this Section, the Medical Board, upon a

3 showing of a possible violation, may compel any individual who

4 is licensed to practice under this Act or holds a permit to

5 practice under this Act, or any individual who has applied for

6 licensure or a permit pursuant to this Act, to submit to a

7 mental or physical examination and evaluation, or both, which

8 may include a substance abuse or sexual offender evaluation,

9 as required by the Medical Board and at the expense of the

10 Department. The Medical Board shall specifically designate the

11 examining physician licensed to practice medicine in all of

12 its branches or, if applicable, the multidisciplinary team

13 involved in providing the mental or physical examination and

14 evaluation, or both. The multidisciplinary team shall be led

15 by a physician licensed to practice medicine in all of its

16 branches and may consist of one or more or a combination of

17 physicians licensed to practice medicine in all of its

18 branches, licensed chiropractic physicians, licensed clinical

19 psychologists, licensed clinical social workers, licensed

20 clinical professional counselors, and other professional and

21 administrative staff. Any examining physician or member of the

22 multidisciplinary team may require any person ordered to

23 submit to an examination and evaluation pursuant to this

24 Section to submit to any additional supplemental testing

25 deemed necessary to complete any examination or evaluation

26 process, including, but not limited to, blood testing,

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1 urinalysis, psychological testing, or neuropsychological

2 testing. The Medical Board or the Department may order the

3 examining physician or any member of the multidisciplinary

4 team to provide to the Department or the Medical Board any and

5 all records, including business records, that relate to the

6 examination and evaluation, including any supplemental testing

7 performed. The Medical Board or the Department may order the

8 examining physician or any member of the multidisciplinary

9 team to present testimony concerning this examination and

10 evaluation of the licensee, permit holder, or applicant,

11 including testimony concerning any supplemental testing or

12 documents relating to the examination and evaluation. No

13 information, report, record, or other documents in any way

14 related to the examination and evaluation shall be excluded by

15 reason of any common law or statutory privilege relating to

16 communication between the licensee, permit holder, or

17 applicant and the examining physician or any member of the

18 multidisciplinary team. No authorization is necessary from the

19 licensee, permit holder, or applicant ordered to undergo an

20 evaluation and examination for the examining physician or any

21 member of the multidisciplinary team to provide information,

22 reports, records, or other documents or to provide any

23 testimony regarding the examination and evaluation. The

24 individual to be examined may have, at his or her own expense,

25 another physician of his or her choice present during all

26 aspects of the examination. Failure of any individual to

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1 submit to mental or physical examination and evaluation, or

2 both, when directed, shall result in an automatic suspension,

3 without hearing, until such time as the individual submits to

4 the examination. If the Medical Board finds a physician unable

5 to practice following an examination and evaluation because of

6 the reasons set forth in this Section, the Medical Board shall

7 require such physician to submit to care, counseling, or

8 treatment by physicians, or other health care professionals,

9 approved or designated by the Medical Board, as a condition

10 for issued, continued, reinstated, or renewed licensure to

11 practice. Any physician, whose license was granted pursuant to

12 Section 9, 17, or 19 of this Act, or, continued, reinstated,

13 renewed, disciplined, or supervised, subject to such terms,

14 conditions, or restrictions who shall fail to comply with such

15 terms, conditions, or restrictions, or to complete a required

16 program of care, counseling, or treatment, as determined by

17 the Chief Medical Coordinator or Deputy Medical Coordinators,

18 shall be referred to the Secretary for a determination as to

19 whether the licensee shall have his or her license suspended

20 immediately, pending a hearing by the Medical Board. In

21 instances in which the Secretary immediately suspends a

22 license under this Section, a hearing upon such person's

23 license must be convened by the Medical Board within 15 days

24 after such suspension and completed without appreciable delay.

25 The Medical Board shall have the authority to review the

26 subject physician's record of treatment and counseling

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1 regarding the impairment, to the extent permitted by

2 applicable federal statutes and regulations safeguarding the

3 confidentiality of medical records.

4 An individual licensed under this Act, affected under this

5 Section, shall be afforded an opportunity to demonstrate to

6 the Medical Board that he or she can resume practice in

7 compliance with acceptable and prevailing standards under the

8 provisions of his or her license.

9 The Medical Board, in determining mental capacity of an

10 individual licensed under this Act, shall consider the latest

11 recommendations of the Federation of State Medical Boards.

12 The Department may promulgate rules for the imposition of

13 fines in disciplinary cases, not to exceed $10,000 for each

14 violation of this Act. Fines may be imposed in conjunction

15 with other forms of disciplinary action, but shall not be the

16 exclusive disposition of any disciplinary action arising out

17 of conduct resulting in death or injury to a patient. Any funds

18 collected from such fines shall be deposited in the Illinois

19 State Medical Disciplinary Fund.

20 All fines imposed under this Section shall be paid within

21 60 days after the effective date of the order imposing the fine

22 or in accordance with the terms set forth in the order imposing

23 the fine.

24 (B) The Department shall revoke the license or permit

25 issued under this Act to practice medicine or a chiropractic

26 physician who has been convicted a second time of committing

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1 any felony under the Illinois Controlled Substances Act or the

2 Methamphetamine Control and Community Protection Act, or who

3 has been convicted a second time of committing a Class 1 felony

4 under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A

5 person whose license or permit is revoked under this

6 subsection B shall be prohibited from practicing medicine or

7 treating human ailments without the use of drugs and without

8 operative surgery.

9 (C) The Department shall not revoke, suspend, place on

10 probation, reprimand, refuse to issue or renew, or take any

11 other disciplinary or non-disciplinary action against the

12 license or permit issued under this Act to practice medicine

13 to a physician:

14 (1) based solely upon the recommendation of the

15 physician to an eligible patient regarding, or

16 prescription for, or treatment with, an investigational

17 drug, biological product, or device;

18 (2) for experimental treatment for Lyme disease or

19 other tick-borne diseases, including, but not limited to,

20 the prescription of or treatment with long-term

21 antibiotics;

22 (3) based solely upon the physician providing,

23 authorizing, recommending, aiding, assisting, referring

24 for, or otherwise participating in any health care

25 service, so long as the care was not unlawful under the

26 laws of this State, regardless of whether the patient was

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1 a resident of this State or another state; or

2 (4) based upon the physician's license being revoked

3 or suspended, or the physician being otherwise disciplined

4 by any other state, if that revocation, suspension, or

5 other form of discipline was based solely on the physician

6 violating another state's laws prohibiting the provision

7 of, authorization of, recommendation of, aiding or

8 assisting in, referring for, or participation in any

9 health care service if that health care service as

10 provided would not have been unlawful under the laws of

11 this State and is consistent with the standards of conduct

12 for the physician if it occurred in Illinois.

13 (D) (Blank).

14 (E) The conduct specified in subsection (C) shall not

15 trigger reporting requirements under Section 23, constitute

16 grounds for suspension under Section 25, or be included on the

17 physician's profile required under Section 10 of the Patients'

18 Right to Know Act.

19 (F) An applicant seeking licensure, certification, or

20 authorization pursuant to this Act and who has been subject to

21 disciplinary action by a duly authorized professional

22 disciplinary agency of another jurisdiction solely on the

23 basis of having provided, authorized, recommended, aided,

24 assisted, referred for, or otherwise participated in health

25 care shall not be denied such licensure, certification, or

26 authorization, unless the Department determines that the

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1 action would have constituted professional misconduct in this

2 State; however, nothing in this Section shall be construed as

3 prohibiting the Department from evaluating the conduct of the

4 applicant and making a determination regarding the licensure,

5 certification, or authorization to practice a profession under

6 this Act.

7 (G) The Department may adopt rules to implement the

8 changes made by this amendatory Act of the 102nd General

9 Assembly.

10 (H) Notwithstanding anything in this Act to the contrary,

11 a finding of guilt by a judge or jury, a guilty plea, or plea

12 of no contest entered after the effective date of this

13 amendatory Act of the 103rd General Assembly of any of the

14 offenses listed in subsection (a) or (a-1) of Section 25 of the

15 Health Care Worker Background Check Act, except for Section

16 16-25 of the Criminal Code of 2012, is a disqualifying

17 offense, and the individual's license shall be automatically

18 revoked when the Department is notified that the individual

19 has been found guilty or has pled guilty or no contest. The

20 individual may appeal the revocation to the Department only

21 upon the reversal of the criminal conviction.

22 (Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21;

23 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff.

24 1-1-24.)

25 Section 35. The Nurse Practice Act is amended by changing

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1 Sections 50-35 and 70-5 as follows:

2 (225 ILCS 65/50-35) (was 225 ILCS 65/5-23)

3 (Section scheduled to be repealed on January 1, 2028)

4 Sec. 50-35. Criminal history records background check.

5 Each applicant for licensure by examination or restoration

6 shall have his or her fingerprints submitted to the Illinois

7 State Police in an electronic format that complies with the

8 form and manner for requesting and furnishing criminal history

9 record information as prescribed by the Illinois State Police.

10 These fingerprints shall be checked prior to the Department

11 issuing or renewing a license against the Illinois State

12 Police and Federal Bureau of Investigation criminal history

13 record databases now and hereafter filed. The Illinois State

14 Police shall charge applicants a fee for conducting the

15 criminal history records check, which shall be deposited into

16 the State Police Services Fund and shall not exceed the actual

17 cost of the records check. The Illinois State Police shall

18 furnish, pursuant to positive identification, records of

19 Illinois convictions to the Department. The Department may

20 require applicants to pay a separate fingerprinting fee,

21 either to the Department or to a vendor. The Department, in its

22 discretion, may allow an applicant who does not have

23 reasonable access to a designated vendor to provide his or her

24 fingerprints in an alternative manner. The Department may

25 adopt any rules necessary to implement this Section.

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1 (Source: P.A. 102-538, eff. 8-20-21.)

2 (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)

3 (Section scheduled to be repealed on January 1, 2028)

4 Sec. 70-5. Grounds for disciplinary action.

5 (a) The Department may refuse to issue or to renew, or may

6 revoke, suspend, place on probation, reprimand, or take other

7 disciplinary or non-disciplinary action as the Department may

8 deem appropriate, including fines not to exceed $10,000 per

9 violation, with regard to a license for any one or combination

10 of the causes set forth in subsection (b) below. All fines

11 collected under this Section shall be deposited in the Nursing

12 Dedicated and Professional Fund.

13 (b) Grounds for disciplinary action include the following:

14 (1) Material deception in furnishing information to

15 the Department.

16 (2) Material violations of any provision of this Act

17 or violation of the rules of or final administrative

18 action of the Secretary, after consideration of the

19 recommendation of the Board.

20 (3) Conviction by plea of guilty or nolo contendere,

21 finding of guilt, jury verdict, or entry of judgment or by

22 sentencing of any crime, including, but not limited to,

23 convictions, preceding sentences of supervision,

24 conditional discharge, or first offender probation, under

25 the laws of any jurisdiction of the United States: (i)

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1 that is a felony; or (ii) that is a misdemeanor, an

2 essential element of which is dishonesty, or that is

3 directly related to the practice of the profession.

4 (4) A pattern of practice or other behavior which

5 demonstrates incapacity or incompetency to practice under

6 this Act.

7 (5) Knowingly aiding or assisting another person in

8 violating any provision of this Act or rules.

9 (6) Failing, within 90 days, to provide a response to

10 a request for information in response to a written request

11 made by the Department by certified or registered mail or

12 by email to the email address of record.

13 (7) Engaging in dishonorable, unethical, or

14 unprofessional conduct of a character likely to deceive,

15 defraud, or harm the public, as defined by rule.

16 (8) Unlawful taking, theft, selling, distributing, or

17 manufacturing of any drug, narcotic, or prescription

18 device.

19 (9) Habitual or excessive use or addiction to alcohol,

20 narcotics, stimulants, or any other chemical agent or drug

21 that could result in a licensee's inability to practice

22 with reasonable judgment, skill, or safety.

23 (10) Discipline by another U.S. jurisdiction or

24 foreign nation, if at least one of the grounds for the

25 discipline is the same or substantially equivalent to

26 those set forth in this Section.

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1 (11) A finding that the licensee, after having her or

2 his license placed on probationary status or subject to

3 conditions or restrictions, has violated the terms of

4 probation or failed to comply with such terms or

5 conditions.

6 (12) Being named as a perpetrator in an indicated

7 report by the Department of Children and Family Services

8 and under the Abused and Neglected Child Reporting Act,

9 and upon proof by clear and convincing evidence that the

10 licensee has caused a child to be an abused child or

11 neglected child as defined in the Abused and Neglected

12 Child Reporting Act.

13 (13) Willful omission to file or record, or willfully

14 impeding the filing or recording or inducing another

15 person to omit to file or record medical reports as

16 required by law.

17 (13.5) Willfully failing to report an instance of

18 suspected child abuse or neglect as required by the Abused

19 and Neglected Child Reporting Act.

20 (14) Gross negligence in the practice of practical,

21 professional, or advanced practice registered nursing.

22 (15) Holding oneself out to be practicing nursing

23 under any name other than one's own.

24 (16) Failure of a licensee to report to the Department

25 any adverse final action taken against him or her by

26 another licensing jurisdiction of the United States or any

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1 foreign state or country, any peer review body, any health

2 care institution, any professional or nursing society or

3 association, any governmental agency, any law enforcement

4 agency, or any court or a nursing liability claim related

5 to acts or conduct similar to acts or conduct that would

6 constitute grounds for action as defined in this Section.

7 (17) Failure of a licensee to report to the Department

8 surrender by the licensee of a license or authorization to

9 practice nursing or advanced practice registered nursing

10 in another state or jurisdiction or current surrender by

11 the licensee of membership on any nursing staff or in any

12 nursing or advanced practice registered nursing or

13 professional association or society while under

14 disciplinary investigation by any of those authorities or

15 bodies for acts or conduct similar to acts or conduct that

16 would constitute grounds for action as defined by this

17 Section.

18 (18) Failing, within 60 days, to provide information

19 in response to a written request made by the Department.

20 (19) Failure to establish and maintain records of

21 patient care and treatment as required by law.

22 (20) Fraud, deceit, or misrepresentation in applying

23 for or procuring a license under this Act or in connection

24 with applying for renewal of a license under this Act.

25 (21) Allowing another person or organization to use

26 the licensee's license to deceive the public.

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1 (22) Willfully making or filing false records or

2 reports in the licensee's practice, including, but not

3 limited to, false records to support claims against the

4 medical assistance program of the Department of Healthcare

5 and Family Services (formerly Department of Public Aid)

6 under the Illinois Public Aid Code.

7 (23) Attempting to subvert or cheat on a licensing

8 examination administered under this Act.

9 (24) Immoral conduct in the commission of an act,

10 including, but not limited to, sexual abuse, sexual

11 misconduct, or sexual exploitation, related to the

12 licensee's practice.

13 (25) Willfully or negligently violating the

14 confidentiality between nurse and patient except as

15 required by law.

16 (26) Practicing under a false or assumed name, except

17 as provided by law.

18 (27) The use of any false, fraudulent, or deceptive

19 statement in any document connected with the licensee's

20 practice.

21 (28) Directly or indirectly giving to or receiving

22 from a person, firm, corporation, partnership, or

23 association a fee, commission, rebate, or other form of

24 compensation for professional services not actually or

25 personally rendered. Nothing in this paragraph (28)

26 affects any bona fide independent contractor or employment

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1 arrangements among health care professionals, health

2 facilities, health care providers, or other entities,

3 except as otherwise prohibited by law. Any employment

4 arrangements may include provisions for compensation,

5 health insurance, pension, or other employment benefits

6 for the provision of services within the scope of the

7 licensee's practice under this Act. Nothing in this

8 paragraph (28) shall be construed to require an employment

9 arrangement to receive professional fees for services

10 rendered.

11 (29) A violation of the Health Care Worker

12 Self-Referral Act.

13 (30) Physical illness, mental illness, or disability

14 that results in the inability to practice the profession

15 with reasonable judgment, skill, or safety.

16 (31) Exceeding the terms of a collaborative agreement

17 or the prescriptive authority delegated to a licensee by

18 his or her collaborating physician or podiatric physician

19 in guidelines established under a written collaborative

20 agreement.

21 (32) Making a false or misleading statement regarding

22 a licensee's skill or the efficacy or value of the

23 medicine, treatment, or remedy prescribed by him or her in

24 the course of treatment.

25 (33) Prescribing, selling, administering,

26 distributing, giving, or self-administering a drug

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1 classified as a controlled substance (designated product)

2 or narcotic for other than medically accepted therapeutic

3 purposes.

4 (34) Promotion of the sale of drugs, devices,

5 appliances, or goods provided for a patient in a manner to

6 exploit the patient for financial gain.

7 (35) Violating State or federal laws, rules, or

8 regulations relating to controlled substances.

9 (36) Willfully or negligently violating the

10 confidentiality between an advanced practice registered

11 nurse, collaborating physician, dentist, or podiatric

12 physician and a patient, except as required by law.

13 (37) Willfully failing to report an instance of

14 suspected abuse, neglect, financial exploitation, or

15 self-neglect of an eligible adult as defined in and

16 required by the Adult Protective Services Act.

17 (38) Being named as an abuser in a verified report by

18 the Department on Aging and under the Adult Protective

19 Services Act, and upon proof by clear and convincing

20 evidence that the licensee abused, neglected, or

21 financially exploited an eligible adult as defined in the

22 Adult Protective Services Act.

23 (39) A violation of any provision of this Act or any

24 rules adopted under this Act.

25 (40) Violating the Compassionate Use of Medical

26 Cannabis Program Act.

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1 (b-5) The Department shall not revoke, suspend, summarily

2 suspend, place on probation, reprimand, refuse to issue or

3 renew, or take any other disciplinary or non-disciplinary

4 action against the license or permit issued under this Act to

5 practice as a registered nurse or an advanced practice

6 registered nurse based solely upon the registered nurse or

7 advanced practice registered nurse providing, authorizing,

8 recommending, aiding, assisting, referring for, or otherwise

9 participating in any health care service, so long as the care

10 was not unlawful under the laws of this State, regardless of

11 whether the patient was a resident of this State or another

12 state.

13 (b-10) The Department shall not revoke, suspend, summarily

14 suspend, place on prohibition, reprimand, refuse to issue or

15 renew, or take any other disciplinary or non-disciplinary

16 action against the license or permit issued under this Act to

17 practice as a registered nurse or an advanced practice

18 registered nurse based upon the registered nurse's or advanced

19 practice registered nurse's license being revoked or

20 suspended, or the registered nurse or advanced practice

21 registered nurse being otherwise disciplined by any other

22 state, if that revocation, suspension, or other form of

23 discipline was based solely on the registered nurse or

24 advanced practice registered nurse violating another state's

25 laws prohibiting the provision of, authorization of,

26 recommendation of, aiding or assisting in, referring for, or

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1 participation in any health care service if that health care

2 service as provided would not have been unlawful under the

3 laws of this State and is consistent with the standards of

4 conduct for the registered nurse or advanced practice

5 registered nurse practicing in Illinois.

6 (b-15) The conduct specified in subsections (b-5) and

7 (b-10) shall not trigger reporting requirements under Section

8 65-65 or constitute grounds for suspension under Section

9 70-60.

10 (b-20) An applicant seeking licensure, certification, or

11 authorization under this Act who has been subject to

12 disciplinary action by a duly authorized professional

13 disciplinary agency of another jurisdiction solely on the

14 basis of having provided, authorized, recommended, aided,

15 assisted, referred for, or otherwise participated in health

16 care shall not be denied such licensure, certification, or

17 authorization, unless the Department determines that such

18 action would have constituted professional misconduct in this

19 State; however, nothing in this Section shall be construed as

20 prohibiting the Department from evaluating the conduct of such

21 applicant and making a determination regarding the licensure,

22 certification, or authorization to practice a profession under

23 this Act.

24 (c) The determination by a circuit court that a licensee

25 is subject to involuntary admission or judicial admission as

26 provided in the Mental Health and Developmental Disabilities

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1 Code, as amended, operates as an automatic suspension. The

2 suspension will end only upon a finding by a court that the

3 patient is no longer subject to involuntary admission or

4 judicial admission and issues an order so finding and

5 discharging the patient; and upon the recommendation of the

6 Board to the Secretary that the licensee be allowed to resume

7 his or her practice.

8 (d) The Department may refuse to issue or may suspend or

9 otherwise discipline the license of any person who fails to

10 file a return, or to pay the tax, penalty or interest shown in

11 a filed return, or to pay any final assessment of the tax,

12 penalty, or interest as required by any tax Act administered

13 by the Department of Revenue, until such time as the

14 requirements of any such tax Act are satisfied.

15 (e) In enforcing this Act, the Department, upon a showing

16 of a possible violation, may compel an individual licensed to

17 practice under this Act or who has applied for licensure under

18 this Act, to submit to a mental or physical examination, or

19 both, as required by and at the expense of the Department. The

20 Department may order the examining physician to present

21 testimony concerning the mental or physical examination of the

22 licensee or applicant. No information shall be excluded by

23 reason of any common law or statutory privilege relating to

24 communications between the licensee or applicant and the

25 examining physician. The examining physicians shall be

26 specifically designated by the Department. The individual to

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1 be examined may have, at his or her own expense, another

2 physician of his or her choice present during all aspects of

3 this examination. Failure of an individual to submit to a

4 mental or physical examination, when directed, shall result in

5 an automatic suspension without hearing.

6 All substance-related violations shall mandate an

7 automatic substance abuse assessment. Failure to submit to an

8 assessment by a licensed physician who is certified as an

9 addictionist or an advanced practice registered nurse with

10 specialty certification in addictions may be grounds for an

11 automatic suspension, as defined by rule.

12 If the Department finds an individual unable to practice

13 or unfit for duty because of the reasons set forth in this

14 subsection (e), the Department may require that individual to

15 submit to a substance abuse evaluation or treatment by

16 individuals or programs approved or designated by the

17 Department, as a condition, term, or restriction for

18 continued, restored, or renewed licensure to practice; or, in

19 lieu of evaluation or treatment, the Department may file, or

20 the Board may recommend to the Department to file, a complaint

21 to immediately suspend, revoke, or otherwise discipline the

22 license of the individual. An individual whose license was

23 granted, continued, restored, renewed, disciplined, or

24 supervised subject to such terms, conditions, or restrictions,

25 and who fails to comply with such terms, conditions, or

26 restrictions, shall be referred to the Secretary for a

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1 determination as to whether the individual shall have his or

2 her license suspended immediately, pending a hearing by the

3 Department.

4 In instances in which the Secretary immediately suspends a

5 person's license under this subsection (e), a hearing on that

6 person's license must be convened by the Department within 15

7 days after the suspension and completed without appreciable

8 delay. The Department and Board shall have the authority to

9 review the subject individual's record of treatment and

10 counseling regarding the impairment to the extent permitted by

11 applicable federal statutes and regulations safeguarding the

12 confidentiality of medical records.

13 An individual licensed under this Act and affected under

14 this subsection (e) shall be afforded an opportunity to

15 demonstrate to the Department that he or she can resume

16 practice in compliance with nursing standards under the

17 provisions of his or her license.

18 (f) The Department may adopt rules to implement the

19 changes made by this amendatory Act of the 102nd General

20 Assembly.

21 (g) Notwithstanding anything in this Act to the contrary,

22 a finding of guilt by a judge or jury, a guilty plea, or plea

23 of no contest entered after the effective date of this

24 amendatory Act of the 103rd General Assembly of any of the

25 offenses listed in subsection (a) or (a-1) of Section 25 of the

26 Health Care Worker Background Check Act, except for Section

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1 16-25 of the Criminal Code of 2012, is a disqualifying

2 offense, and the individual's license shall be automatically

3 revoked when the Department is notified that the individual

4 has been found guilty or has pled guilty or no contest. The

5 individual may appeal the revocation to the Department only

6 upon the reversal of the criminal conviction.

7 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;

8 102-1117, eff. 1-13-23.)

9 Section 40. The Illinois Optometric Practice Act of 1987

10 is amended by changing Section 24 and by adding Section 12.3 as

11 follows:

12 (225 ILCS 80/12.3 new)

13 Sec. 12.3. Criminal history. Any Department process under

14 statute or rule used to verify the criminal history of an

15 applicant for licensure under this Act shall be used for all

16 applicants for licensure, applicants for renewal of a license,

17 or persons whose conviction of a crime or other behavior

18 warrants review of a license under this Act.

19 (225 ILCS 80/24) (from Ch. 111, par. 3924)

20 (Section scheduled to be repealed on January 1, 2027)

21 Sec. 24. Grounds for disciplinary action.

22 (a) The Department may refuse to issue or to renew, or may

23 revoke, suspend, place on probation, reprimand or take other

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1 disciplinary or non-disciplinary action as the Department may

2 deem appropriate, including fines not to exceed $10,000 for

3 each violation, with regard to any license for any one or

4 combination of the causes set forth in subsection (a-3) of

5 this Section. All fines collected under this Section shall be

6 deposited in the Optometric Licensing and Disciplinary Board

7 Fund. Any fine imposed shall be payable within 60 days after

8 the effective date of the order imposing the fine.

9 (a-3) Grounds for disciplinary action include the

10 following:

11 (1) Violations of this Act, or of the rules

12 promulgated hereunder.

13 (2) Conviction of or entry of a plea of guilty to any

14 crime under the laws of any U.S. jurisdiction thereof that

15 is a felony or that is a misdemeanor of which an essential

16 element is dishonesty, or any crime that is directly

17 related to the practice of the profession.

18 (3) Making any misrepresentation for the purpose of

19 obtaining a license.

20 (4) Professional incompetence or gross negligence in

21 the practice of optometry.

22 (5) Gross malpractice, prima facie evidence of which

23 may be a conviction or judgment of malpractice in any

24 court of competent jurisdiction.

25 (6) Aiding or assisting another person in violating

26 any provision of this Act or rules.

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1 (7) Failing, within 60 days, to provide information in

2 response to a written request made by the Department that

3 has been sent by certified or registered mail to the

4 licensee's last known address.

5 (8) Engaging in dishonorable, unethical, or

6 unprofessional conduct of a character likely to deceive,

7 defraud, or harm the public.

8 (9) Habitual or excessive use or addiction to alcohol,

9 narcotics, stimulants or any other chemical agent or drug

10 that results in the inability to practice with reasonable

11 judgment, skill, or safety.

12 (10) Discipline by another U.S. jurisdiction or

13 foreign nation, if at least one of the grounds for the

14 discipline is the same or substantially equivalent to

15 those set forth herein.

16 (11) Violation of the prohibition against fee

17 splitting in Section 24.2 of this Act.

18 (12) A finding by the Department that the licensee,

19 after having his or her license placed on probationary

20 status has violated the terms of probation.

21 (13) Abandonment of a patient.

22 (14) Willfully making or filing false records or

23 reports in his or her practice, including but not limited

24 to false records filed with State agencies or departments.

25 (15) Willfully failing to report an instance of

26 suspected abuse or neglect as required by law.

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1 (16) Physical illness, including but not limited to,

2 deterioration through the aging process, or loss of motor

3 skill, mental illness, or disability that results in the

4 inability to practice the profession with reasonable

5 judgment, skill, or safety.

6 (17) Solicitation of professional services other than

7 permitted advertising.

8 (18) Failure to provide a patient with a copy of his or

9 her record or prescription in accordance with federal law.

10 (19) Conviction by any court of competent

11 jurisdiction, either within or without this State, of any

12 violation of any law governing the practice of optometry,

13 conviction in this or another State of any crime that is a

14 felony under the laws of this State or conviction of a

15 felony in a federal court, if the Department determines,

16 after investigation, that such person has not been

17 sufficiently rehabilitated to warrant the public trust.

18 (20) A finding that licensure has been applied for or

19 obtained by fraudulent means.

20 (21) Continued practice by a person knowingly having

21 an infectious or contagious disease.

22 (22) Being named as a perpetrator in an indicated

23 report by the Department of Children and Family Services

24 under the Abused and Neglected Child Reporting Act, and

25 upon proof by clear and convincing evidence that the

26 licensee has caused a child to be an abused child or a

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1 neglected child as defined in the Abused and Neglected

2 Child Reporting Act.

3 (23) Practicing or attempting to practice under a name

4 other than the full name as shown on his or her license.

5 (24) Immoral conduct in the commission of any act,

6 such as sexual abuse, sexual misconduct or sexual

7 exploitation, related to the licensee's practice.

8 (25) Maintaining a professional relationship with any

9 person, firm, or corporation when the optometrist knows,

10 or should know, that such person, firm, or corporation is

11 violating this Act.

12 (26) Promotion of the sale of drugs, devices,

13 appliances or goods provided for a client or patient in

14 such manner as to exploit the patient or client for

15 financial gain of the licensee.

16 (27) Using the title "Doctor" or its abbreviation

17 without further qualifying that title or abbreviation with

18 the word "optometry" or "optometrist".

19 (28) Use by a licensed optometrist of the word

20 "infirmary", "hospital", "school", "university", in

21 English or any other language, in connection with the

22 place where optometry may be practiced or demonstrated

23 unless the licensee is employed by and practicing at a

24 location that is licensed as a hospital or accredited as a

25 school or university.

26 (29) Continuance of an optometrist in the employ of

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1 any person, firm or corporation, or as an assistant to any

2 optometrist or optometrists, directly or indirectly, after

3 his or her employer or superior has been found guilty of

4 violating or has been enjoined from violating the laws of

5 the State of Illinois relating to the practice of

6 optometry, when the employer or superior persists in that

7 violation.

8 (30) The performance of optometric service in

9 conjunction with a scheme or plan with another person,

10 firm or corporation known to be advertising in a manner

11 contrary to this Act or otherwise violating the laws of

12 the State of Illinois concerning the practice of

13 optometry.

14 (31) Failure to provide satisfactory proof of having

15 participated in approved continuing education programs as

16 determined by the Board and approved by the Secretary.

17 Exceptions for extreme hardships are to be defined by the

18 rules of the Department.

19 (32) Willfully making or filing false records or

20 reports in the practice of optometry, including, but not

21 limited to false records to support claims against the

22 medical assistance program of the Department of Healthcare

23 and Family Services (formerly Department of Public Aid)

24 under the Illinois Public Aid Code.

25 (33) Gross and willful overcharging for professional

26 services including filing false statements for collection

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1 of fees for which services are not rendered, including,

2 but not limited to filing false statements for collection

3 of monies for services not rendered from the medical

4 assistance program of the Department of Healthcare and

5 Family Services (formerly Department of Public Aid) under

6 the Illinois Public Aid Code.

7 (34) In the absence of good reasons to the contrary,

8 failure to perform a minimum eye examination as required

9 by the rules of the Department.

10 (35) Violation of the Health Care Worker Self-Referral

11 Act.

12 The Department shall refuse to issue or shall suspend the

13 license of any person who fails to file a return, or to pay the

14 tax, penalty or interest shown in a filed return, or to pay any

15 final assessment of the tax, penalty or interest, as required

16 by any tax Act administered by the Illinois Department of

17 Revenue, until such time as the requirements of any such tax

18 Act are satisfied.

19 (a-5) In enforcing this Section, the Board or Department,

20 upon a showing of a possible violation, may compel any

21 individual licensed to practice under this Act, or who has

22 applied for licensure or certification pursuant to this Act,

23 to submit to a mental or physical examination, or both, as

24 required by and at the expense of the Department. The

25 examining physicians or clinical psychologists shall be those

26 specifically designated by the Department. The Board or the

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1 Department may order the examining physician or clinical

2 psychologist to present testimony concerning this mental or

3 physical examination of the licensee or applicant. No

4 information shall be excluded by reason of any common law or

5 statutory privilege relating to communications between the

6 licensee or applicant and the examining physician or clinical

7 psychologist. Eye examinations may be provided by a licensed

8 optometrist. The individual to be examined may have, at his or

9 her own expense, another physician of his or her choice

10 present during all aspects of the examination. Failure of any

11 individual to submit to a mental or physical examination, when

12 directed, shall be grounds for suspension of a license until

13 such time as the individual submits to the examination if the

14 Board or Department finds, after notice and hearing, that the

15 refusal to submit to the examination was without reasonable

16 cause.

17 If the Board or Department finds an individual unable to

18 practice because of the reasons set forth in this Section, the

19 Board or Department shall require such individual to submit to

20 care, counseling, or treatment by physicians or clinical

21 psychologists approved or designated by the Department, as a

22 condition, term, or restriction for continued, reinstated, or

23 renewed licensure to practice, or in lieu of care, counseling,

24 or treatment, the Board may recommend to the Department to

25 file a complaint to immediately suspend, revoke, or otherwise

26 discipline the license of the individual, or the Board may

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1 recommend to the Department to file a complaint to suspend,

2 revoke, or otherwise discipline the license of the individual.

3 Any individual whose license was granted pursuant to this Act,

4 or continued, reinstated, renewed, disciplined, or supervised,

5 subject to such conditions, terms, or restrictions, who shall

6 fail to comply with such conditions, terms, or restrictions,

7 shall be referred to the Secretary for a determination as to

8 whether the individual shall have his or her license suspended

9 immediately, pending a hearing by the Board.

10 (a-10) Notwithstanding anything in this Act to the

11 contrary, a finding of guilt by a judge or jury, a guilty plea,

12 or plea of no contest entered after the effective date of this

13 amendatory Act of the 103rd General Assembly of any of the

14 offenses listed in subsection (a) or (a-1) of Section 25 of the

15 Health Care Worker Background Check Act, except for Section

16 16-25 of the Criminal Code of 2012, is a disqualifying

17 offense, and the individual's license shall be automatically

18 revoked when the Department is notified that the individual

19 has been found guilty or has pled guilty or no contest. The

20 individual may appeal the revocation to the Department only

21 upon the reversal of the criminal conviction.

22 (b) The determination by a circuit court that a licensee

23 is subject to involuntary admission or judicial admission as

24 provided in the Mental Health and Developmental Disabilities

25 Code operates as an automatic suspension. The suspension will

26 end only upon a finding by a court that the patient is no

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1 longer subject to involuntary admission or judicial admission

2 and issues an order so finding and discharging the patient;

3 and upon the recommendation of the Board to the Secretary that

4 the licensee be allowed to resume his or her practice.

5 (Source: P.A. 99-43, eff. 1-1-16; 99-909, eff. 1-1-17.)

6 Section 45. The Orthotics, Prosthetics, and Pedorthics

7 Practice Act is amended by changing Section 90 and by adding

8 Section 45.5 as follows:

9 (225 ILCS 84/45.5 new)

10 Sec. 45.5. Criminal history. Any Department process under

11 statute or rule used to verify the criminal history of an

12 applicant for licensure under this Act shall be used for all

13 applicants for licensure, applicants for renewal of a license,

14 or persons whose conviction of a crime or other behavior

15 warrants review of a license under this Act.

16 (225 ILCS 84/90)

17 (Section scheduled to be repealed on January 1, 2030)

18 Sec. 90. Grounds for discipline.

19 (a) The Department may refuse to issue or renew a license,

20 or may revoke or suspend a license, or may suspend, place on

21 probation, or reprimand a licensee or take other disciplinary

22 or non-disciplinary action as the Department may deem proper,

23 including, but not limited to, the imposition of fines not to

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1 exceed $10,000 for each violation for one or any combination

2 of the following:

3 (1) Making a material misstatement in furnishing

4 information to the Department or the Board.

5 (2) Violations of or negligent or intentional

6 disregard of this Act or its rules.

7 (3) Conviction of, or entry of a plea of guilty or nolo

8 contendere, finding of guilt, jury verdict, or entry of

9 judgment or sentencing, including, but not limited to,

10 convictions, preceding sentences of supervision,

11 conditional discharge, or first offender probation under

12 the laws of the United States or any state or that is (i) a

13 felony, or (ii) a misdemeanor, an essential element of

14 which is dishonesty, or any crime that is directly related

15 to the practice of the profession.

16 (4) Making a misrepresentation for the purpose of

17 obtaining a license under this Act or in connection with

18 applying for renewal or restoration of a license under

19 this Act.

20 (5) A pattern of practice or other behavior that

21 demonstrates incapacity or incompetence to practice under

22 this Act.

23 (6) Gross negligence under this Act.

24 (7) Aiding or assisting another person in violating a

25 provision of this Act or its rules.

26 (8) Failing to provide information within 60 days in

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1 response to a written request made by the Department.

2 (9) Engaging in dishonorable, unethical, or

3 unprofessional conduct or conduct of a character likely to

4 deceive, defraud, or harm the public.

5 (10) Inability to practice with reasonable judgment,

6 skill, or safety as a result of habitual or excessive use

7 or addiction to alcohol, narcotics, stimulants, or any

8 other chemical agent or drug.

9 (11) Discipline by another state or territory of the

10 United States, the federal government, or foreign nation,

11 if at least one of the grounds for the discipline is the

12 same or substantially equivalent to one set forth in this

13 Section.

14 (12) Directly or indirectly giving to or receiving

15 from a person, firm, corporation, partnership, or

16 association a fee, commission, rebate, or other form of

17 compensation for professional services not actually or

18 personally rendered. Nothing in this paragraph (12)

19 affects any bona fide independent contractor or employment

20 arrangements among health care professionals, health

21 facilities, health care providers, or other entities,

22 except as otherwise prohibited by law. Any employment

23 arrangements may include provisions for compensation,

24 health insurance, pension, or other employment benefits

25 for the provision of services within the scope of the

26 licensee's practice under this Act. Nothing in this

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1 paragraph (12) shall be construed to require an employment

2 arrangement to receive professional fees for services

3 rendered.

4 (13) A finding by the Board that the licensee or

5 registrant, after having his or her license placed on

6 probationary status, has violated the terms of probation

7 or failed to comply with such terms.

8 (14) Abandonment of a patient or client.

9 (15) Willfully making or filing false records or

10 reports related to the licensee's practice, including, but

11 not limited to, false records filed with federal or State

12 agencies or departments.

13 (16) Willfully failing to report an instance of

14 suspected abuse, neglect, financial exploitation, or

15 self-neglect of an eligible child or adult as required by

16 the Abused and Neglected Child Reporting Act and the Adult

17 Protective Services Act.

18 (17) Inability to practice the profession with

19 reasonable judgment, skill, or safety as a result of a

20 physical illness, including, but not limited to,

21 deterioration through the aging process or loss of motor

22 skill, or a mental illness or disability.

23 (18) Solicitation of professional services using false

24 or misleading advertising.

25 (a-5) Notwithstanding anything in this Act to the

26 contrary, a finding of guilt by a judge or jury, a guilty plea,

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1 or plea of no contest entered after the effective date of this

2 amendatory Act of the 103rd General Assembly of any of the

3 offenses listed in subsection (a) or (a-1) of Section 25 of the

4 Health Care Worker Background Check Act, except for Section

5 16-25 of the Criminal Code of 2012, is a disqualifying

6 offense, and the individual's license shall be automatically

7 revoked when the Department is notified that the individual

8 has been found guilty or has pled guilty or no contest. The

9 individual may appeal the revocation to the Department only

10 upon the reversal of the criminal conviction.

11 (b) In enforcing this Section, the Department or Board

12 upon a showing of a possible violation, may compel a licensee

13 or applicant to submit to a mental or physical examination, or

14 both, as required by and at the expense of the Department. The

15 Department or Board may order the examining physician to

16 present testimony concerning the mental or physical

17 examination of the licensee or applicant. No information shall

18 be excluded by reason of any common law or statutory privilege

19 relating to communications between the licensee or applicant

20 and the examining physician. The examining physicians shall be

21 specifically designated by the Board or Department. The

22 individual to be examined may have, at his or her own expense,

23 another physician of his or her choice present during all

24 aspects of this examination. Failure of an individual to

25 submit to a mental or physical examination, when directed,

26 shall be grounds for the immediate suspension of his or her

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1 license until the individual submits to the examination if the

2 Department finds that the refusal to submit to the examination

3 was without reasonable cause as defined by rule.

4 If the Secretary immediately suspends a person's license

5 for his or her failure to submit to a mental or physical

6 examination, when directed, a hearing on that person's license

7 must be convened by the Department within 15 days after the

8 suspension and completed without appreciable delay.

9 If the Secretary otherwise suspends a person's license

10 pursuant to the results of a compelled mental or physical

11 examination, a hearing on that person's license must be

12 convened by the Department within 15 days after the suspension

13 and completed without appreciable delay. The Department and

14 Board shall have the authority to review the subject

15 individual's record of treatment and counseling regarding the

16 impairment to the extent permitted by applicable federal

17 statutes and regulations safeguarding the confidentiality of

18 medical records.

19 An individual licensed under this Act and affected under

20 this Section shall be afforded an opportunity to demonstrate

21 to the Department or Board that he or she can resume practice

22 in compliance with acceptable and prevailing standards under

23 his or her license.

24 (c) (Blank).

25 (d) If the Department of Healthcare and Family Services

26 (formerly Department of Public Aid) has previously determined

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1 that a licensee or a potential licensee is more than 30 days

2 delinquent in the payment of child support and has

3 subsequently certified the delinquency to the Department, the

4 Department may refuse to issue or renew or may revoke or

5 suspend that person's license or may take other disciplinary

6 action against that person based solely upon the certification

7 of delinquency made by the Department of Healthcare and Family

8 Services in accordance with subsection (a)(5) of Section

9 2105-15 of the Department of Professional Regulation Law of

10 the Civil Administrative Code of Illinois.

11 (e) The Department shall refuse to issue or renew a

12 license, or may revoke or suspend a license, for failure to

13 file a return, to pay the tax, penalty, or interest shown in a

14 filed return, or to pay any final assessment of tax, penalty,

15 or interest as required by any tax Act administered by the

16 Department of Revenue, until the requirements of the tax Act

17 are satisfied in accordance with subsection (g) of Section

18 2105-15 of the Department of Professional Regulation Law of

19 the Civil Administrative Code of Illinois.

20 (Source: P.A. 100-872, eff. 8-14-18; 101-269, eff. 8-9-19.)

21 Section 50. The Illinois Physical Therapy Act is amended

22 by changing Section 17 and by adding Section 9.5 as follows:

23 (225 ILCS 90/9.5 new)

24 Sec. 9.5. Criminal history records background check. Each

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1 applicant for licensure under this Act, or for renewal

2 thereof, shall have his or her fingerprints submitted to the

3 Illinois State Police in an electronic format that complies

4 with the form and manner for requesting and furnishing

5 criminal history record information as prescribed by the

6 Illinois State Police. These fingerprints shall be checked

7 against the Illinois State Police and Federal Bureau of

8 Investigation criminal history record databases now and

9 hereafter filed. The Illinois State Police shall charge

10 applicants a fee for conducting the criminal history records

11 check, which shall be deposited into the State Police Services

12 Fund and shall not exceed the actual cost of the records check.

13 The Illinois State Police shall furnish, pursuant to positive

14 identification, records of Illinois convictions to the

15 Department. The Department may require applicants to pay a

16 separate fingerprinting fee, either to the Department or to a

17 vendor. The Department, in its discretion, may allow an

18 applicant who does not have reasonable access to a designated

19 vendor to provide his or her fingerprints in an alternative

20 manner. The Department may adopt any rules necessary to

21 implement this Section.

22 (225 ILCS 90/17) (from Ch. 111, par. 4267)

23 (Section scheduled to be repealed on January 1, 2026)

24 Sec. 17. (1) The Department may refuse to issue or to

25 renew, or may revoke, suspend, place on probation, reprimand,

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1 or take other disciplinary action as the Department deems

2 appropriate, including the issuance of fines not to exceed

3 $5000, with regard to a license for any one or a combination of

4 the following:

5 A. Material misstatement in furnishing information to

6 the Department or otherwise making misleading, deceptive,

7 untrue, or fraudulent representations in violation of this

8 Act or otherwise in the practice of the profession;

9 B. Violations of this Act, or of the rules or

10 regulations promulgated hereunder;

11 C. Conviction of any crime under the laws of the

12 United States or any state or territory thereof which is a

13 felony or which is a misdemeanor, an essential element of

14 which is dishonesty, or of any crime which is directly

15 related to the practice of the profession; conviction, as

16 used in this paragraph, shall include a finding or verdict

17 of guilty, an admission of guilt or a plea of nolo

18 contendere;

19 D. Making any misrepresentation for the purpose of

20 obtaining licenses, or violating any provision of this Act

21 or the rules promulgated thereunder pertaining to

22 advertising;

23 E. A pattern of practice or other behavior which

24 demonstrates incapacity or incompetency to practice under

25 this Act;

26 F. Aiding or assisting another person in violating any

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1 provision of this Act or Rules;

2 G. Failing, within 60 days, to provide information in

3 response to a written request made by the Department;

4 H. Engaging in dishonorable, unethical or

5 unprofessional conduct of a character likely to deceive,

6 defraud or harm the public. Unprofessional conduct shall

7 include any departure from or the failure to conform to

8 the minimal standards of acceptable and prevailing

9 physical therapy practice, in which proceeding actual

10 injury to a patient need not be established;

11 I. Unlawful distribution of any drug or narcotic, or

12 unlawful conversion of any drug or narcotic not belonging

13 to the person for such person's own use or benefit or for

14 other than medically accepted therapeutic purposes;

15 J. Habitual or excessive use or addiction to alcohol,

16 narcotics, stimulants, or any other chemical agent or drug

17 which results in a physical therapist's or physical

18 therapist assistant's inability to practice with

19 reasonable judgment, skill or safety;

20 K. Revocation or suspension of a license to practice

21 physical therapy as a physical therapist or physical

22 therapist assistant or the taking of other disciplinary

23 action by the proper licensing authority of another state,

24 territory or country;

25 L. Directly or indirectly giving to or receiving from

26 any person, firm, corporation, partnership, or association

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1 any fee, commission, rebate or other form of compensation

2 for any professional services not actually or personally

3 rendered. Nothing contained in this paragraph prohibits

4 persons holding valid and current licenses under this Act

5 from practicing physical therapy in partnership under a

6 partnership agreement, including a limited liability

7 partnership, a limited liability company, or a corporation

8 under the Professional Service Corporation Act or from

9 pooling, sharing, dividing, or apportioning the fees and

10 monies received by them or by the partnership, company, or

11 corporation in accordance with the partnership agreement

12 or the policies of the company or professional

13 corporation. Nothing in this paragraph (L) affects any

14 bona fide independent contractor or employment

15 arrangements among health care professionals, health

16 facilities, health care providers, or other entities,

17 except as otherwise prohibited by law. Any employment

18 arrangements may include provisions for compensation,

19 health insurance, pension, or other employment benefits

20 for the provision of services within the scope of the

21 licensee's practice under this Act. Nothing in this

22 paragraph (L) shall be construed to require an employment

23 arrangement to receive professional fees for services

24 rendered;

25 M. A finding by the Board that the licensee after

26 having his or her license placed on probationary status

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1 has violated the terms of probation;

2 N. Abandonment of a patient;

3 O. Willfully failing to report an instance of

4 suspected child abuse or neglect as required by the Abused

5 and Neglected Child Reporting Act;

6 P. Willfully failing to report an instance of

7 suspected elder abuse or neglect as required by the Elder

8 Abuse Reporting Act;

9 Q. Physical illness, including but not limited to,

10 deterioration through the aging process, or loss of motor

11 skill which results in the inability to practice the

12 profession with reasonable judgement, skill or safety;

13 R. The use of any words (such as physical therapy,

14 physical therapist physiotherapy or physiotherapist),

15 abbreviations, figures or letters with the intention of

16 indicating practice as a licensed physical therapist

17 without a valid license as a physical therapist issued

18 under this Act;

19 S. The use of the term physical therapist assistant,

20 or abbreviations, figures, or letters with the intention

21 of indicating practice as a physical therapist assistant

22 without a valid license as a physical therapist assistant

23 issued under this Act;

24 T. Willfully violating or knowingly assisting in the

25 violation of any law of this State relating to the

26 practice of abortion;

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1 U. Continued practice by a person knowingly having an

2 infectious, communicable or contagious disease;

3 V. Having treated ailments of human beings otherwise

4 than by the practice of physical therapy as defined in

5 this Act, or having treated ailments of human beings as a

6 licensed physical therapist in violation of Section 1.2;

7 W. Being named as a perpetrator in an indicated report

8 by the Department of Children and Family Services pursuant

9 to the Abused and Neglected Child Reporting Act, and upon

10 proof by clear and convincing evidence that the licensee

11 has caused a child to be an abused child or neglected child

12 as defined in the Abused and Neglected Child Reporting

13 Act;

14 X. Interpretation of referrals, performance of

15 evaluation procedures, planning or making major

16 modifications of patient programs by a physical therapist

17 assistant;

18 Y. Failure by a physical therapist assistant and

19 supervising physical therapist to maintain continued

20 contact, including periodic personal supervision and

21 instruction, to insure safety and welfare of patients;

22 Z. Violation of the Health Care Worker Self-Referral

23 Act.

24 (1.5) Notwithstanding anything in this Act to the

25 contrary, a finding of guilt by a judge or jury, a guilty plea,

26 or plea of no contest entered after the effective date of this

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1 amendatory Act of the 103rd General Assembly of any of the

2 offenses listed in subsection (a) or (a-1) of Section 25 of the

3 Health Care Worker Background Check Act, except for Section

4 16-25 of the Criminal Code of 2012, is a disqualifying

5 offense, and the individual's license shall be automatically

6 revoked when the Department is notified that the individual

7 has been found guilty or has pled guilty or no contest. The

8 individual may appeal the revocation to the Department only

9 upon the reversal of the criminal conviction.

10 (2) The determination by a circuit court that a licensee

11 is subject to involuntary admission or judicial admission as

12 provided in the Mental Health and Developmental Disabilities

13 Code operates as an automatic suspension. Such suspension will

14 end only upon a finding by a court that the patient is no

15 longer subject to involuntary admission or judicial admission

16 and the issuance of an order so finding and discharging the

17 patient; and upon the recommendation of the Board to the

18 Director that the licensee be allowed to resume his practice.

19 (3) The Department may refuse to issue or may suspend the

20 license of any person who fails to file a return, or to pay the

21 tax, penalty or interest shown in a filed return, or to pay any

22 final assessment of tax, penalty or interest, as required by

23 any tax Act administered by the Illinois Department of

24 Revenue, until such time as the requirements of any such tax

25 Act are satisfied.

26 (Source: P.A. 100-513, eff. 1-1-18; 100-897, eff. 8-16-18.)

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1 Section 55. The Physician Assistant Practice Act of 1987

2 is amended by changing Section 21 and by adding Section 9.9 as

3 follows:

4 (225 ILCS 95/9.9 new)

5 Sec. 9.9. Criminal history. Any Department process under

6 statute or rule used to verify the criminal history of an

7 applicant for licensure under this Act shall be used for all

8 applicants for licensure, applicants for renewal of a license,

9 or persons whose conviction of a crime or other behavior

10 warrants review of a license under this Act.

11 (225 ILCS 95/21) (from Ch. 111, par. 4621)

12 (Section scheduled to be repealed on January 1, 2028)

13 Sec. 21. Grounds for disciplinary action.

14 (a) The Department may refuse to issue or to renew, or may

15 revoke, suspend, place on probation, reprimand, or take other

16 disciplinary or non-disciplinary action with regard to any

17 license issued under this Act as the Department may deem

18 proper, including the issuance of fines not to exceed $10,000

19 for each violation, for any one or combination of the

20 following causes:

21 (1) Material misstatement in furnishing information to

22 the Department.

23 (2) Violations of this Act, or the rules adopted under

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1 this Act.

2 (3) Conviction by plea of guilty or nolo contendere,

3 finding of guilt, jury verdict, or entry of judgment or

4 sentencing, including, but not limited to, convictions,

5 preceding sentences of supervision, conditional discharge,

6 or first offender probation, under the laws of any

7 jurisdiction of the United States that is: (i) a felony;

8 or (ii) a misdemeanor, an essential element of which is

9 dishonesty, or that is directly related to the practice of

10 the profession.

11 (4) Making any misrepresentation for the purpose of

12 obtaining licenses.

13 (5) Professional incompetence.

14 (6) Aiding or assisting another person in violating

15 any provision of this Act or its rules.

16 (7) Failing, within 60 days, to provide information in

17 response to a written request made by the Department.

18 (8) Engaging in dishonorable, unethical, or

19 unprofessional conduct, as defined by rule, of a character

20 likely to deceive, defraud, or harm the public.

21 (9) Habitual or excessive use or addiction to alcohol,

22 narcotics, stimulants, or any other chemical agent or drug

23 that results in a physician assistant's inability to

24 practice with reasonable judgment, skill, or safety.

25 (10) Discipline by another U.S. jurisdiction or

26 foreign nation, if at least one of the grounds for

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1 discipline is the same or substantially equivalent to

2 those set forth in this Section.

3 (11) Directly or indirectly giving to or receiving

4 from any person, firm, corporation, partnership, or

5 association any fee, commission, rebate or other form of

6 compensation for any professional services not actually or

7 personally rendered. Nothing in this paragraph (11)

8 affects any bona fide independent contractor or employment

9 arrangements, which may include provisions for

10 compensation, health insurance, pension, or other

11 employment benefits, with persons or entities authorized

12 under this Act for the provision of services within the

13 scope of the licensee's practice under this Act.

14 (12) A finding by the Board that the licensee, after

15 having his or her license placed on probationary status,

16 has violated the terms of probation.

17 (13) Abandonment of a patient.

18 (14) Willfully making or filing false records or

19 reports in his or her practice, including but not limited

20 to false records filed with State agencies or departments.

21 (15) Willfully failing to report an instance of

22 suspected child abuse or neglect as required by the Abused

23 and Neglected Child Reporting Act.

24 (16) Physical illness, or mental illness or impairment

25 that results in the inability to practice the profession

26 with reasonable judgment, skill, or safety, including, but

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1 not limited to, deterioration through the aging process or

2 loss of motor skill.

3 (17) Being named as a perpetrator in an indicated

4 report by the Department of Children and Family Services

5 under the Abused and Neglected Child Reporting Act, and

6 upon proof by clear and convincing evidence that the

7 licensee has caused a child to be an abused child or

8 neglected child as defined in the Abused and Neglected

9 Child Reporting Act.

10 (18) (Blank).

11 (19) Gross negligence resulting in permanent injury or

12 death of a patient.

13 (20) Employment of fraud, deception or any unlawful

14 means in applying for or securing a license as a physician

15 assistant.

16 (21) Exceeding the authority delegated to him or her

17 by his or her collaborating physician in a written

18 collaborative agreement.

19 (22) Immoral conduct in the commission of any act,

20 such as sexual abuse, sexual misconduct, or sexual

21 exploitation related to the licensee's practice.

22 (23) Violation of the Health Care Worker Self-Referral

23 Act.

24 (24) Practicing under a false or assumed name, except

25 as provided by law.

26 (25) Making a false or misleading statement regarding

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1 his or her skill or the efficacy or value of the medicine,

2 treatment, or remedy prescribed by him or her in the

3 course of treatment.

4 (26) Allowing another person to use his or her license

5 to practice.

6 (27) Prescribing, selling, administering,

7 distributing, giving, or self-administering a drug

8 classified as a controlled substance for other than

9 medically accepted therapeutic purposes.

10 (28) Promotion of the sale of drugs, devices,

11 appliances, or goods provided for a patient in a manner to

12 exploit the patient for financial gain.

13 (29) A pattern of practice or other behavior that

14 demonstrates incapacity or incompetence to practice under

15 this Act.

16 (30) Violating State or federal laws or regulations

17 relating to controlled substances or other legend drugs or

18 ephedra as defined in the Ephedra Prohibition Act.

19 (31) Exceeding the prescriptive authority delegated by

20 the collaborating physician or violating the written

21 collaborative agreement delegating that authority.

22 (32) Practicing without providing to the Department a

23 notice of collaboration or delegation of prescriptive

24 authority.

25 (33) Failure to establish and maintain records of

26 patient care and treatment as required by law.

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1 (34) Attempting to subvert or cheat on the examination

2 of the National Commission on Certification of Physician

3 Assistants or its successor agency.

4 (35) Willfully or negligently violating the

5 confidentiality between physician assistant and patient,

6 except as required by law.

7 (36) Willfully failing to report an instance of

8 suspected abuse, neglect, financial exploitation, or

9 self-neglect of an eligible adult as defined in and

10 required by the Adult Protective Services Act.

11 (37) Being named as an abuser in a verified report by

12 the Department on Aging under the Adult Protective

13 Services Act and upon proof by clear and convincing

14 evidence that the licensee abused, neglected, or

15 financially exploited an eligible adult as defined in the

16 Adult Protective Services Act.

17 (38) Failure to report to the Department an adverse

18 final action taken against him or her by another licensing

19 jurisdiction of the United States or a foreign state or

20 country, a peer review body, a health care institution, a

21 professional society or association, a governmental

22 agency, a law enforcement agency, or a court acts or

23 conduct similar to acts or conduct that would constitute

24 grounds for action under this Section.

25 (39) Failure to provide copies of records of patient

26 care or treatment, except as required by law.

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1 (40) Entering into an excessive number of written

2 collaborative agreements with licensed physicians

3 resulting in an inability to adequately collaborate.

4 (41) Repeated failure to adequately collaborate with a

5 collaborating physician.

6 (42) Violating the Compassionate Use of Medical

7 Cannabis Program Act.

8 (a-5) Notwithstanding anything in this Act to the

9 contrary, a finding of guilt by a judge or jury, a guilty plea,

10 or plea of no contest entered after the effective date of this

11 amendatory Act of the 103rd General Assembly of any of the

12 offenses listed in subsection (a) or (a-1) of Section 25 of the

13 Health Care Worker Background Check Act, except for Section

14 16-25 of the Criminal Code of 2012, is a disqualifying

15 offense, and the individual's license shall be automatically

16 revoked when the Department is notified that the individual

17 has been found guilty or has pled guilty or no contest. The

18 individual may appeal the revocation to the Department only

19 upon the reversal of the criminal conviction.

20 (b) The Department may, without a hearing, refuse to issue

21 or renew or may suspend the license of any person who fails to

22 file a return, or to pay the tax, penalty or interest shown in

23 a filed return, or to pay any final assessment of the tax,

24 penalty, or interest as required by any tax Act administered

25 by the Illinois Department of Revenue, until such time as the

26 requirements of any such tax Act are satisfied.

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1 (b-5) The Department shall not revoke, suspend, summarily

2 suspend, place on prohibition, reprimand, refuse to issue or

3 renew, or take any other disciplinary or non-disciplinary

4 action against the license or permit issued under this Act to

5 practice as a physician assistant based solely upon the

6 physician assistant providing, authorizing, recommending,

7 aiding, assisting, referring for, or otherwise participating

8 in any health care service, so long as the care was not

9 unlawful under the laws of this State, regardless of whether

10 the patient was a resident of this State or another state.

11 (b-10) The Department shall not revoke, suspend, summarily

12 suspend, place on prohibition, reprimand, refuse to issue or

13 renew, or take any other disciplinary or non-disciplinary

14 action against the license or permit issued under this Act to

15 practice as a physician assistant based upon the physician

16 assistant's license being revoked or suspended, or the

17 physician assistant being otherwise disciplined by any other

18 state, if that revocation, suspension, or other form of

19 discipline was based solely on the physician assistant

20 violating another state's laws prohibiting the provision of,

21 authorization of, recommendation of, aiding or assisting in,

22 referring for, or participation in any health care service if

23 that health care service as provided would not have been

24 unlawful under the laws of this State and is consistent with

25 the standards of conduct for a physician assistant practicing

26 in Illinois.

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1 (b-15) The conduct specified in subsections (b-5) and

2 (b-10) shall not constitute grounds for suspension under

3 Section 22.13.

4 (b-20) An applicant seeking licensure, certification, or

5 authorization pursuant to this Act who has been subject to

6 disciplinary action by a duly authorized professional

7 disciplinary agency of another jurisdiction solely on the

8 basis of having provided, authorized, recommended, aided,

9 assisted, referred for, or otherwise participated in health

10 care shall not be denied such licensure, certification, or

11 authorization, unless the Department determines that such

12 action would have constituted professional misconduct in this

13 State; however, nothing in this Section shall be construed as

14 prohibiting the Department from evaluating the conduct of such

15 applicant and making a determination regarding the licensure,

16 certification, or authorization to practice a profession under

17 this Act.

18 (c) The determination by a circuit court that a licensee

19 is subject to involuntary admission or judicial admission as

20 provided in the Mental Health and Developmental Disabilities

21 Code operates as an automatic suspension. The suspension will

22 end only upon a finding by a court that the patient is no

23 longer subject to involuntary admission or judicial admission

24 and issues an order so finding and discharging the patient,

25 and upon the recommendation of the Board to the Secretary that

26 the licensee be allowed to resume his or her practice.

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1 (d) In enforcing this Section, the Department upon a

2 showing of a possible violation may compel an individual

3 licensed to practice under this Act, or who has applied for

4 licensure under this Act, to submit to a mental or physical

5 examination, or both, which may include a substance abuse or

6 sexual offender evaluation, as required by and at the expense

7 of the Department.

8 The Department shall specifically designate the examining

9 physician licensed to practice medicine in all of its branches

10 or, if applicable, the multidisciplinary team involved in

11 providing the mental or physical examination or both. The

12 multidisciplinary team shall be led by a physician licensed to

13 practice medicine in all of its branches and may consist of one

14 or more or a combination of physicians licensed to practice

15 medicine in all of its branches, licensed clinical

16 psychologists, licensed clinical social workers, licensed

17 clinical professional counselors, and other professional and

18 administrative staff. Any examining physician or member of the

19 multidisciplinary team may require any person ordered to

20 submit to an examination pursuant to this Section to submit to

21 any additional supplemental testing deemed necessary to

22 complete any examination or evaluation process, including, but

23 not limited to, blood testing, urinalysis, psychological

24 testing, or neuropsychological testing.

25 The Department may order the examining physician or any

26 member of the multidisciplinary team to provide to the

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1 Department any and all records, including business records,

2 that relate to the examination and evaluation, including any

3 supplemental testing performed.

4 The Department may order the examining physician or any

5 member of the multidisciplinary team to present testimony

6 concerning the mental or physical examination of the licensee

7 or applicant. No information, report, record, or other

8 documents in any way related to the examination shall be

9 excluded by reason of any common law or statutory privilege

10 relating to communications between the licensee or applicant

11 and the examining physician or any member of the

12 multidisciplinary team. No authorization is necessary from the

13 licensee or applicant ordered to undergo an examination for

14 the examining physician or any member of the multidisciplinary

15 team to provide information, reports, records, or other

16 documents or to provide any testimony regarding the

17 examination and evaluation.

18 The individual to be examined may have, at his or her own

19 expense, another physician of his or her choice present during

20 all aspects of this examination. However, that physician shall

21 be present only to observe and may not interfere in any way

22 with the examination.

23 Failure of an individual to submit to a mental or physical

24 examination, when ordered, shall result in an automatic

25 suspension of his or her license until the individual submits

26 to the examination.

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1 If the Department finds an individual unable to practice

2 because of the reasons set forth in this Section, the

3 Department may require that individual to submit to care,

4 counseling, or treatment by physicians approved or designated

5 by the Department, as a condition, term, or restriction for

6 continued, reinstated, or renewed licensure to practice; or,

7 in lieu of care, counseling, or treatment, the Department may

8 file a complaint to immediately suspend, revoke, or otherwise

9 discipline the license of the individual. An individual whose

10 license was granted, continued, reinstated, renewed,

11 disciplined, or supervised subject to such terms, conditions,

12 or restrictions, and who fails to comply with such terms,

13 conditions, or restrictions, shall be referred to the

14 Secretary for a determination as to whether the individual

15 shall have his or her license suspended immediately, pending a

16 hearing by the Department.

17 In instances in which the Secretary immediately suspends a

18 person's license under this Section, a hearing on that

19 person's license must be convened by the Department within 30

20 days after the suspension and completed without appreciable

21 delay. The Department shall have the authority to review the

22 subject individual's record of treatment and counseling

23 regarding the impairment to the extent permitted by applicable

24 federal statutes and regulations safeguarding the

25 confidentiality of medical records.

26 An individual licensed under this Act and affected under

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1 this Section shall be afforded an opportunity to demonstrate

2 to the Department that he or she can resume practice in

3 compliance with acceptable and prevailing standards under the

4 provisions of his or her license.

5 (e) An individual or organization acting in good faith,

6 and not in a willful and wanton manner, in complying with this

7 Section by providing a report or other information to the

8 Board, by assisting in the investigation or preparation of a

9 report or information, by participating in proceedings of the

10 Board, or by serving as a member of the Board, shall not be

11 subject to criminal prosecution or civil damages as a result

12 of such actions.

13 (f) Members of the Board shall be indemnified by the State

14 for any actions occurring within the scope of services on the

15 Board, done in good faith and not willful and wanton in nature.

16 The Attorney General shall defend all such actions unless he

17 or she determines either that there would be a conflict of

18 interest in such representation or that the actions complained

19 of were not in good faith or were willful and wanton.

20 If the Attorney General declines representation, the

21 member has the right to employ counsel of his or her choice,

22 whose fees shall be provided by the State, after approval by

23 the Attorney General, unless there is a determination by a

24 court that the member's actions were not in good faith or were

25 willful and wanton.

26 The member must notify the Attorney General within 7 days

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1 after receipt of notice of the initiation of any action

2 involving services of the Board. Failure to so notify the

3 Attorney General constitutes an absolute waiver of the right

4 to a defense and indemnification.

5 The Attorney General shall determine, within 7 days after

6 receiving such notice, whether he or she will undertake to

7 represent the member.

8 (g) The Department may adopt rules to implement the

9 changes made by this amendatory Act of the 102nd General

10 Assembly.

11 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;

12 102-1117, eff. 1-13-23.)

13 Section 60. The Podiatric Medical Practice Act of 1987 is

14 amended by changing Section 24 and by adding Section 13.5 as

15 follows:

16 (225 ILCS 100/13.5 new)

17 Sec. 13.5. Criminal history. Any Department process under

18 statute or rule used to verify the criminal history of an

19 applicant for licensure under this Act shall be used for all

20 applicants for licensure, applicants for renewal of a license,

21 or persons whose conviction of a crime or other behavior

22 warrants review of a license under this Act.

23 (225 ILCS 100/24) (from Ch. 111, par. 4824)

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1 (Section scheduled to be repealed on January 1, 2028)

2 Sec. 24. Grounds for disciplinary action. The Department

3 may refuse to issue, may refuse to renew, may refuse to

4 restore, may suspend, or may revoke any license, or may place

5 on probation, reprimand or take other disciplinary or

6 non-disciplinary action as the Department may deem proper,

7 including fines not to exceed $10,000 for each violation upon

8 anyone licensed under this Act for any of the following

9 reasons:

10 (1) Making a material misstatement in furnishing

11 information to the Department.

12 (2) Violations of this Act, or of the rules adopted

13 under this Act.

14 (3) Conviction by plea of guilty or nolo contendere,

15 finding of guilt, jury verdict, or entry of judgment or

16 sentencing, including, but not limited to, convictions,

17 preceding sentences of supervision, conditional discharge,

18 or first offender probation, under the laws of any

19 jurisdiction of the United States that is (i) a felony or

20 (ii) a misdemeanor, an essential element of which is

21 dishonesty, or that is directly related to the practice of

22 the profession.

23 (4) Making any misrepresentation for the purpose of

24 obtaining licenses, or violating any provision of this Act

25 or the rules promulgated thereunder pertaining to

26 advertising.

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1 (5) Professional incompetence.

2 (6) Gross or repeated malpractice or negligence.

3 (7) Aiding or assisting another person in violating

4 any provision of this Act or rules.

5 (8) Failing, within 30 days, to provide information in

6 response to a written request made by the Department.

7 (9) Engaging in dishonorable, unethical or

8 unprofessional conduct of a character likely to deceive,

9 defraud or harm the public.

10 (10) Habitual or excessive use of alcohol, narcotics,

11 stimulants or other chemical agent or drug that results in

12 the inability to practice podiatric medicine with

13 reasonable judgment, skill or safety.

14 (11) Discipline by another United States jurisdiction

15 if at least one of the grounds for the discipline is the

16 same or substantially equivalent to those set forth in

17 this Section.

18 (12) Violation of the prohibition against fee

19 splitting in Section 24.2 of this Act.

20 (13) A finding by the Board that the licensee, after

21 having his or her license placed on probationary status,

22 has violated the terms of probation.

23 (14) Abandonment of a patient.

24 (15) Willfully making or filing false records or

25 reports in his or her practice, including but not limited

26 to false records filed with state agencies or departments.

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1 (16) Willfully failing to report an instance of

2 suspected child abuse or neglect as required by the Abused

3 and Neglected Child Report Act.

4 (17) Physical illness, mental illness, or other

5 impairment, including, but not limited to, deterioration

6 through the aging process, or loss of motor skill that

7 results in the inability to practice the profession with

8 reasonable judgment, skill or safety.

9 (18) Solicitation of professional services other than

10 permitted advertising.

11 (19) The determination by a circuit court that a

12 licensed podiatric physician is subject to involuntary

13 admission or judicial admission as provided in the Mental

14 Health and Developmental Disabilities Code operates as an

15 automatic suspension. Such suspension will end only upon a

16 finding by a court that the patient is no longer subject to

17 involuntary admission or judicial admission and issues an

18 order so finding and discharging the patient; and upon the

19 recommendation of the Board to the Secretary that the

20 licensee be allowed to resume his or her practice.

21 (20) Holding oneself out to treat human ailments under

22 any name other than his or her own, or the impersonation of

23 any other physician.

24 (21) Revocation or suspension or other action taken

25 with respect to a podiatric medical license in another

26 jurisdiction that would constitute disciplinary action

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1 under this Act.

2 (22) Promotion of the sale of drugs, devices,

3 appliances or goods provided for a patient in such manner

4 as to exploit the patient for financial gain of the

5 podiatric physician.

6 (23) Gross, willful, and continued overcharging for

7 professional services including filing false statements

8 for collection of fees for those services, including, but

9 not limited to, filing false statement for collection of

10 monies for services not rendered from the medical

11 assistance program of the Department of Healthcare and

12 Family Services (formerly Department of Public Aid) under

13 the Illinois Public Aid Code or other private or public

14 third party payor.

15 (24) Being named as a perpetrator in an indicated

16 report by the Department of Children and Family Services

17 under the Abused and Neglected Child Reporting Act, and

18 upon proof by clear and convincing evidence that the

19 licensee has caused a child to be an abused child or

20 neglected child as defined in the Abused and Neglected

21 Child Reporting Act.

22 (25) Willfully making or filing false records or

23 reports in the practice of podiatric medicine, including,

24 but not limited to, false records to support claims

25 against the medical assistance program of the Department

26 of Healthcare and Family Services (formerly Department of

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1 Public Aid) under the Illinois Public Aid Code.

2 (26) (Blank).

3 (27) Immoral conduct in the commission of any act

4 including, sexual abuse, sexual misconduct, or sexual

5 exploitation, related to the licensee's practice.

6 (28) Violation of the Health Care Worker Self-Referral

7 Act.

8 (29) Failure to report to the Department any adverse

9 final action taken against him or her by another licensing

10 jurisdiction of the United States or any foreign state or

11 country, any peer review body, any health care

12 institution, any professional society or association, any

13 governmental agency, any law enforcement agency, or any

14 court for acts or conduct similar to acts or conduct that

15 would constitute grounds for action as defined in this

16 Section.

17 (30) Willfully failing to report an instance of

18 suspected abuse, neglect, financial exploitation, or

19 self-neglect of an eligible adult as defined in and

20 required by the Adult Protective Services Act.

21 (31) Being named as a perpetrator in an indicated

22 report by the Department on Aging under the Adult

23 Protective Services Act, and upon proof by clear and

24 convincing evidence that the licensee has caused an

25 eligible adult to be abused, neglected, or financially

26 exploited as defined in the Adult Protective Services Act.

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1 Notwithstanding anything in this Act to the contrary, a

2 finding of guilt by a judge or jury, a guilty plea, or plea of

3 no contest entered after the effective date of this amendatory

4 Act of the 103rd General Assembly of any of the offenses listed

5 in subsection (a) or (a-1) of Section 25 of the Health Care

6 Worker Background Check Act, except for Section 16-25 of the

7 Criminal Code of 2012, is a disqualifying offense, and the

8 individual's license shall be automatically revoked when the

9 Department is notified that the individual has been found

10 guilty or has pled guilty or no contest. The individual may

11 appeal the revocation to the Department only upon the reversal

12 of the criminal conviction.

13 The Department may refuse to issue or may suspend the

14 license of any person who fails to file a return, or to pay the

15 tax, penalty or interest shown in a filed return, or to pay any

16 final assessment of tax, penalty or interest, as required by

17 any tax Act administered by the Illinois Department of

18 Revenue, until such time as the requirements of any such tax

19 Act are satisfied.

20 Upon receipt of a written communication from the Secretary

21 of Human Services, the Director of Healthcare and Family

22 Services (formerly Director of Public Aid), or the Director of

23 Public Health that continuation of practice of a person

24 licensed under this Act constitutes an immediate danger to the

25 public, the Secretary may immediately suspend the license of

26 such person without a hearing. In instances in which the

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1 Secretary immediately suspends a license under this Section, a

2 hearing upon such person's license must be convened by the

3 Board within 15 days after such suspension and completed

4 without appreciable delay, such hearing held to determine

5 whether to recommend to the Secretary that the person's

6 license be revoked, suspended, placed on probationary status

7 or restored, or such person be subject to other disciplinary

8 action. In such hearing, the written communication and any

9 other evidence submitted therewith may be introduced as

10 evidence against such person; provided, however, the person or

11 his counsel shall have the opportunity to discredit or impeach

12 such evidence and submit evidence rebutting the same.

13 Except for fraud in procuring a license, all proceedings

14 to suspend, revoke, place on probationary status, or take any

15 other disciplinary action as the Department may deem proper,

16 with regard to a license on any of the foregoing grounds, must

17 be commenced within 5 years after receipt by the Department of

18 a complaint alleging the commission of or notice of the

19 conviction order for any of the acts described in this

20 Section. Except for the grounds set forth in items (8), (9),

21 (26), and (29) of this Section, no action shall be commenced

22 more than 10 years after the date of the incident or act

23 alleged to have been a violation of this Section. In the event

24 of the settlement of any claim or cause of action in favor of

25 the claimant or the reduction to final judgment of any civil

26 action in favor of the plaintiff, such claim, cause of action,

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1 or civil action being grounded on the allegation that a person

2 licensed under this Act was negligent in providing care, the

3 Department shall have an additional period of 2 years from the

4 date of notification to the Department under Section 26 of

5 this Act of such settlement or final judgment in which to

6 investigate and commence formal disciplinary proceedings under

7 Section 24 of this Act, except as otherwise provided by law.

8 The time during which the holder of the license was outside the

9 State of Illinois shall not be included within any period of

10 time limiting the commencement of disciplinary action by the

11 Department.

12 In enforcing this Section, the Department or Board upon a

13 showing of a possible violation may compel an individual

14 licensed to practice under this Act, or who has applied for

15 licensure under this Act, to submit to a mental or physical

16 examination, or both, as required by and at the expense of the

17 Department. The Department or Board may order the examining

18 physician to present testimony concerning the mental or

19 physical examination of the licensee or applicant. No

20 information shall be excluded by reason of any common law or

21 statutory privilege relating to communications between the

22 licensee or applicant and the examining physician. The

23 examining physicians shall be specifically designated by the

24 Board or Department. The individual to be examined may have,

25 at his or her own expense, another physician of his or her

26 choice present during all aspects of this examination. Failure

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1 of an individual to submit to a mental or physical

2 examination, when directed, shall be grounds for suspension of

3 his or her license until the individual submits to the

4 examination if the Department finds, after notice and hearing,

5 that the refusal to submit to the examination was without

6 reasonable cause.

7 If the Department or Board finds an individual unable to

8 practice because of the reasons set forth in this Section, the

9 Department or Board may require that individual to submit to

10 care, counseling, or treatment by physicians approved or

11 designated by the Department or Board, as a condition, term,

12 or restriction for continued, restored, or renewed licensure

13 to practice; or, in lieu of care, counseling, or treatment,

14 the Department may file, or the Board may recommend to the

15 Department to file, a complaint to immediately suspend,

16 revoke, or otherwise discipline the license of the individual.

17 An individual whose license was granted, continued, restored,

18 renewed, disciplined or supervised subject to such terms,

19 conditions, or restrictions, and who fails to comply with such

20 terms, conditions, or restrictions, shall be referred to the

21 Secretary for a determination as to whether the individual

22 shall have his or her license suspended immediately, pending a

23 hearing by the Department.

24 In instances in which the Secretary immediately suspends a

25 person's license under this Section, a hearing on that

26 person's license must be convened by the Department within 30

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1 days after the suspension and completed without appreciable

2 delay. The Department and Board shall have the authority to

3 review the subject individual's record of treatment and

4 counseling regarding the impairment to the extent permitted by

5 applicable federal statutes and regulations safeguarding the

6 confidentiality of medical records.

7 An individual licensed under this Act and affected under

8 this Section shall be afforded an opportunity to demonstrate

9 to the Department or Board that he or she can resume practice

10 in compliance with acceptable and prevailing standards under

11 the provisions of his or her license.

12 (Source: P.A. 100-525, eff. 9-22-17.)

13 Section 65. The Respiratory Care Practice Act is amended

14 by changing Section 95 and by adding Section 55.5 as follows:

15 (225 ILCS 106/55.5 new)

16 Sec. 55.5. Criminal history. Any Department process under

17 statute or rule used to verify the criminal history of an

18 applicant for licensure under this Act shall be used for all

19 applicants for licensure, applicants for renewal of a license,

20 or persons whose conviction of a crime or other behavior

21 warrants review of a license under this Act.

22 (225 ILCS 106/95)

23 (Section scheduled to be repealed on January 1, 2026)

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1 Sec. 95. Grounds for discipline.

2 (a) The Department may refuse to issue, renew, or may

3 revoke, suspend, place on probation, reprimand, or take other

4 disciplinary or non-disciplinary action as the Department

5 considers appropriate, including the issuance of fines not to

6 exceed $10,000 for each violation, with regard to any license

7 for any one or combination of the following:

8 (1) Material misstatement in furnishing information to

9 the Department or to any other State or federal agency.

10 (2) Violations of this Act, or any of the rules

11 adopted under this Act.

12 (3) Conviction by plea of guilty or nolo contendere,

13 finding of guilt, jury verdict, or entry of judgment or by

14 sentencing of any crime, including, but not limited to,

15 convictions preceding sentences of supervision,

16 conditional discharge, or first offender probation, under

17 the laws of any jurisdiction of the United States or any

18 state or territory thereof: (i) that is a felony or (ii)

19 that is a misdemeanor, an essential element of which is

20 dishonesty, or that is directly related to the practice of

21 the profession.

22 (4) Making any misrepresentation for the purpose of

23 obtaining a license.

24 (5) Professional incompetence or negligence in the

25 rendering of respiratory care services.

26 (6) Malpractice.

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1 (7) Aiding or assisting another person in violating

2 any rules or provisions of this Act.

3 (8) Failing to provide information within 60 days in

4 response to a written request made by the Department.

5 (9) Engaging in dishonorable, unethical, or

6 unprofessional conduct of a character likely to deceive,

7 defraud, or harm the public.

8 (10) Violating the rules of professional conduct

9 adopted by the Department.

10 (11) Discipline by another jurisdiction, if at least

11 one of the grounds for the discipline is the same or

12 substantially equivalent to those set forth in this Act.

13 (12) Directly or indirectly giving to or receiving

14 from any person, firm, corporation, partnership, or

15 association any fee, commission, rebate, or other form of

16 compensation for any professional services not actually

17 rendered. Nothing in this paragraph (12) affects any bona

18 fide independent contractor or employment arrangements

19 among health care professionals, health facilities, health

20 care providers, or other entities, except as otherwise

21 prohibited by law. Any employment arrangements may include

22 provisions for compensation, health insurance, pension, or

23 other employment benefits for the provision of services

24 within the scope of the licensee's practice under this

25 Act. Nothing in this paragraph (12) shall be construed to

26 require an employment arrangement to receive professional

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1 fees for services rendered.

2 (13) A finding that the licensee, after having her or

3 his license placed on probationary status or subject to

4 conditions or restrictions, has violated the terms of

5 probation or failed to comply with such terms or

6 conditions.

7 (14) Abandonment of a patient.

8 (15) Willfully filing false records or reports

9 relating to a licensee's practice including, but not

10 limited to, false records filed with a federal or State

11 agency or department.

12 (16) Willfully failing to report an instance of

13 suspected child abuse or neglect as required by the Abused

14 and Neglected Child Reporting Act.

15 (17) Providing respiratory care, other than pursuant

16 to an order.

17 (18) Physical or mental disability including, but not

18 limited to, deterioration through the aging process or

19 loss of motor skills that results in the inability to

20 practice the profession with reasonable judgment, skill,

21 or safety.

22 (19) Solicitation of professional services by using

23 false or misleading advertising.

24 (20) Failure to file a tax return, or to pay the tax,

25 penalty, or interest shown in a filed return, or to pay any

26 final assessment of tax penalty, or interest, as required

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1 by any tax Act administered by the Illinois Department of

2 Revenue or any successor agency or the Internal Revenue

3 Service or any successor agency.

4 (21) Irregularities in billing a third party for

5 services rendered or in reporting charges for services not

6 rendered.

7 (22) Being named as a perpetrator in an indicated

8 report by the Department of Children and Family Services

9 under the Abused and Neglected Child Reporting Act, and

10 upon proof by clear and convincing evidence that the

11 licensee has caused a child to be an abused child or

12 neglected child as defined in the Abused and Neglected

13 Child Reporting Act.

14 (23) Habitual or excessive use or addiction to

15 alcohol, narcotics, stimulants, or any other chemical

16 agent or drug that results in an inability to practice

17 with reasonable skill, judgment, or safety.

18 (24) Being named as a perpetrator in an indicated

19 report by the Department on Aging under the Adult

20 Protective Services Act, and upon proof by clear and

21 convincing evidence that the licensee has caused an adult

22 with disabilities or an older adult to be abused or

23 neglected as defined in the Adult Protective Services Act.

24 (25) Willfully failing to report an instance of

25 suspected abuse, neglect, financial exploitation, or

26 self-neglect of an adult with disabilities or an older

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1 adult as required by the Adult Protective Services Act.

2 (26) Willful omission to file or record, or willfully

3 impeding the filing or recording, or inducing another

4 person to omit to file or record medical reports as

5 required by law or willfully failing to report an instance

6 of suspected child abuse or neglect as required by the

7 Abused and Neglected Child Reporting Act.

8 (27) Practicing under a false or assumed name, except

9 as provided by law.

10 (28) Willfully or negligently violating the

11 confidentiality between licensee and patient, except as

12 required by law.

13 (29) The use of any false, fraudulent, or deceptive

14 statement in any document connected with the licensee's

15 practice.

16 (a-5) Notwithstanding anything in this Act to the

17 contrary, a finding of guilt by a judge or jury, a guilty plea,

18 or plea of no contest entered after the effective date of this

19 amendatory Act of the 103rd General Assembly of any of the

20 offenses listed in subsection (a) or (a-1) of Section 25 of the

21 Health Care Worker Background Check Act, except for Section

22 16-25 of the Criminal Code of 2012, is a disqualifying

23 offense, and the individual's license shall be automatically

24 revoked when the Department is notified that the individual

25 has been found guilty or has pled guilty or no contest. The

26 individual may appeal the revocation to the Department only

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1 upon the reversal of the criminal conviction.

2 (b) The determination by a court that a licensee is

3 subject to involuntary admission or judicial admission as

4 provided in the Mental Health and Developmental Disabilities

5 Code will result in an automatic suspension of his or her

6 license. The suspension will end upon a finding by a court that

7 the licensee is no longer subject to involuntary admission or

8 judicial admission, the issuance of an order so finding and

9 discharging the patient, and the recommendation of the Board

10 to the Secretary that the licensee be allowed to resume his or

11 her practice.

12 All fines imposed under this Section shall be paid within

13 60 days after the effective date of the order imposing the fine

14 or in accordance with the terms set forth in the order imposing

15 the fine.

16 (Source: P.A. 98-49, eff. 7-1-13; 99-230, eff. 8-3-15.)

17 Section 70. The Registered Surgical Assistant and

18 Registered Surgical Technologist Title Protection Act is

19 amended by changing Section 75 and by adding Section 60.5 as

20 follows:

21 (225 ILCS 130/60.5 new)

22 Sec. 60.5. Criminal history. Any Department process under

23 statute or rule used to verify the criminal history of an

24 applicant for licensure under this Act shall be used for all

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1 applicants for licensure, applicants for renewal of a license,

2 or persons whose conviction of a crime or other behavior

3 warrants review of a license under this Act.

4 (225 ILCS 130/75)

5 (Section scheduled to be repealed on January 1, 2029)

6 Sec. 75. Grounds for disciplinary action.

7 (a) The Department may refuse to issue, renew, or restore

8 a registration, may revoke or suspend a registration, or may

9 place on probation, reprimand, or take other disciplinary or

10 non-disciplinary action with regard to a person registered

11 under this Act, including, but not limited to, the imposition

12 of fines not to exceed $10,000 for each violation and the

13 assessment of costs as provided for in Section 90, for any one

14 or combination of the following causes:

15 (1) Making a material misstatement in furnishing

16 information to the Department.

17 (2) Violating a provision of this Act or rules adopted

18 under this Act.

19 (3) Conviction by plea of guilty or nolo contendere,

20 finding of guilt, jury verdict, or entry of judgment or by

21 sentencing of any crime, including, but not limited to,

22 convictions, preceding sentences of supervision,

23 conditional discharge, or first offender probation, under

24 the laws of any jurisdiction of the United States that is

25 (i) a felony or (ii) a misdemeanor, an essential element

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1 of which is dishonesty, or that is directly related to the

2 practice of the profession.

3 (4) Fraud or misrepresentation in applying for,

4 renewing, restoring, reinstating, or procuring a

5 registration under this Act.

6 (5) Aiding or assisting another person in violating a

7 provision of this Act or its rules.

8 (6) Failing to provide information within 60 days in

9 response to a written request made by the Department.

10 (7) Engaging in dishonorable, unethical, or

11 unprofessional conduct of a character likely to deceive,

12 defraud, or harm the public, as defined by rule of the

13 Department.

14 (8) Discipline by another United States jurisdiction,

15 governmental agency, unit of government, or foreign

16 nation, if at least one of the grounds for discipline is

17 the same or substantially equivalent to those set forth in

18 this Section.

19 (9) Directly or indirectly giving to or receiving from

20 a person, firm, corporation, partnership, or association a

21 fee, commission, rebate, or other form of compensation for

22 professional services not actually or personally rendered.

23 Nothing in this paragraph (9) affects any bona fide

24 independent contractor or employment arrangements among

25 health care professionals, health facilities, health care

26 providers, or other entities, except as otherwise

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1 prohibited by law. Any employment arrangements may include

2 provisions for compensation, health insurance, pension, or

3 other employment benefits for the provision of services

4 within the scope of the registrant's practice under this

5 Act. Nothing in this paragraph (9) shall be construed to

6 require an employment arrangement to receive professional

7 fees for services rendered.

8 (10) A finding by the Department that the registrant,

9 after having the registration placed on probationary

10 status, has violated the terms of probation.

11 (11) Willfully making or filing false records or

12 reports in the practice, including, but not limited to,

13 false records or reports filed with State agencies.

14 (12) Willfully making or signing a false statement,

15 certificate, or affidavit to induce payment.

16 (13) Willfully failing to report an instance of

17 suspected child abuse or neglect as required under the

18 Abused and Neglected Child Reporting Act.

19 (14) Being named as a perpetrator in an indicated

20 report by the Department of Children and Family Services

21 under the Abused and Neglected Child Reporting Act and

22 upon proof by clear and convincing evidence that the

23 registrant has caused a child to be an abused child or

24 neglected child as defined in the Abused and Neglected

25 Child Reporting Act.

26 (15) (Blank).

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1 (16) Failure to report to the Department (A) any

2 adverse final action taken against the registrant by

3 another registering or licensing jurisdiction, government

4 agency, law enforcement agency, or any court or (B)

5 liability for conduct that would constitute grounds for

6 action as set forth in this Section.

7 (17) Habitual or excessive use or abuse of drugs

8 defined in law as controlled substances, alcohol, or any

9 other substance that results in the inability to practice

10 with reasonable judgment, skill, or safety.

11 (18) Physical or mental illness, including, but not

12 limited to, deterioration through the aging process or

13 loss of motor skills, which results in the inability to

14 practice the profession for which the person is registered

15 with reasonable judgment, skill, or safety.

16 (19) Gross malpractice.

17 (20) Immoral conduct in the commission of an act

18 related to the registrant's practice, including, but not

19 limited to, sexual abuse, sexual misconduct, or sexual

20 exploitation.

21 (21) Violation of the Health Care Worker Self-Referral

22 Act.

23 (a-5) Notwithstanding anything in this Act to the

24 contrary, a finding of guilt by a judge or jury, a guilty plea,

25 or plea of no contest entered after the effective date of this

26 amendatory Act of the 103rd General Assembly of any of the

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1 offenses listed in subsection (a) or (a-1) of Section 25 of the

2 Health Care Worker Background Check Act, except for Section

3 16-25 of the Criminal Code of 2012, is a disqualifying

4 offense, and the individual's license shall be automatically

5 revoked when the Department is notified that the individual

6 has been found guilty or has pled guilty or no contest. The

7 individual may appeal the revocation to the Department only

8 upon the reversal of the criminal conviction.

9 (b) The Department may refuse to issue or may suspend

10 without hearing the registration of a person who fails to file

11 a return, to pay the tax, penalty, or interest shown in a filed

12 return, or to pay a final assessment of the tax, penalty, or

13 interest as required by a tax Act administered by the

14 Department of Revenue, until the requirements of the tax Act

15 are satisfied in accordance with subsection (g) of Section

16 2105-15 of the Department of Regulation Law of the Civil

17 Administrative Code of Illinois.

18 (b-1) The Department shall not revoke, suspend, summarily

19 suspend, place on probation, reprimand, refuse to issue or

20 renew, or take any other disciplinary or non-disciplinary

21 action against the license issued under this Act to practice

22 as a registered surgical assistant or registered surgical

23 technologist based solely upon the registered surgical

24 assistant or registered surgical technologist providing,

25 authorizing, recommending, aiding, assisting, referring for,

26 or otherwise participating in any health care service, so long

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1 as the care was not unlawful under the laws of this State,

2 regardless of whether the patient was a resident of this State

3 or another state.

4 (b-2) The Department shall not revoke, suspend, summarily

5 suspend, place on prohibition, reprimand, refuse to issue or

6 renew, or take any other disciplinary or non-disciplinary

7 action against the license issued under this Act to practice

8 as a registered surgical assistant or registered surgical

9 technologist based upon the registered surgical assistant's or

10 registered surgical technologist's license being revoked or

11 suspended, or the registered surgical assistant's or

12 registered surgical technologist's being otherwise disciplined

13 by any other state, if that revocation, suspension, or other

14 form of discipline was based solely on the registered surgical

15 assistant or registered surgical technologist violating

16 another state's laws prohibiting the provision of,

17 authorization of, recommendation of, aiding or assisting in,

18 referring for, or participation in any health care service if

19 that health care service as provided would not have been

20 unlawful under the laws of this State and is consistent with

21 the standards of conduct for the registered surgical assistant

22 or registered surgical technologist practicing in this State.

23 (b-3) The conduct specified in subsection (b-1) or (b-2)

24 shall not constitute grounds for suspension under Section 145.

25 (b-4) An applicant seeking licensure, certification, or

26 authorization pursuant to this Act who has been subject to

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1 disciplinary action by a duly authorized professional

2 disciplinary agency of another jurisdiction solely on the

3 basis of having provided, authorized, recommended, aided,

4 assisted, referred for, or otherwise participated in health

5 care shall not be denied such licensure, certification, or

6 authorization, unless the Department determines that such

7 action would have constituted professional misconduct in this

8 State. Nothing in this Section shall be construed as

9 prohibiting the Department from evaluating the conduct of such

10 applicant and making a determination regarding the licensure,

11 certification, or authorization to practice a profession under

12 this Act.

13 (c) The determination by a circuit court that a registrant

14 is subject to involuntary admission or judicial admission as

15 provided in the Mental Health and Developmental Disabilities

16 Code operates as an automatic suspension. The suspension will

17 end only upon (1) a finding by a court that the patient is no

18 longer subject to involuntary admission or judicial admission,

19 (2) issuance of an order so finding and discharging the

20 patient, and (3) filing of a petition for restoration

21 demonstrating fitness to practice.

22 (d) (Blank).

23 (e) In cases where the Department of Healthcare and Family

24 Services has previously determined a registrant or a potential

25 registrant is more than 30 days delinquent in the payment of

26 child support and has subsequently certified the delinquency

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1 to the Department, the Department may refuse to issue or renew

2 or may revoke or suspend that person's registration or may

3 take other disciplinary action against that person based

4 solely upon the certification of delinquency made by the

5 Department of Healthcare and Family Services in accordance

6 with paragraph (5) of subsection (a) of Section 2105-15 of the

7 Department of Professional Regulation Law of the Civil

8 Administrative Code of Illinois.

9 (f) In enforcing this Section, the Department, upon a

10 showing of a possible violation, may compel any individual

11 registered under this Act or any individual who has applied

12 for registration to submit to a mental or physical examination

13 and evaluation, or both, that may include a substance abuse or

14 sexual offender evaluation, at the expense of the Department.

15 The Department shall specifically designate the examining

16 physician licensed to practice medicine in all of its branches

17 or, if applicable, the multidisciplinary team involved in

18 providing the mental or physical examination and evaluation,

19 or both. The multidisciplinary team shall be led by a

20 physician licensed to practice medicine in all of its branches

21 and may consist of one or more or a combination of physicians

22 licensed to practice medicine in all of its branches, licensed

23 chiropractic physicians, licensed clinical psychologists,

24 licensed clinical social workers, licensed clinical

25 professional counselors, and other professional and

26 administrative staff. Any examining physician or member of the

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1 multidisciplinary team may require any person ordered to

2 submit to an examination and evaluation pursuant to this

3 Section to submit to any additional supplemental testing

4 deemed necessary to complete any examination or evaluation

5 process, including, but not limited to, blood testing,

6 urinalysis, psychological testing, or neuropsychological

7 testing.

8 The Department may order the examining physician or any

9 member of the multidisciplinary team to provide to the

10 Department any and all records, including business records,

11 that relate to the examination and evaluation, including any

12 supplemental testing performed. The Department may order the

13 examining physician or any member of the multidisciplinary

14 team to present testimony concerning this examination and

15 evaluation of the registrant or applicant, including testimony

16 concerning any supplemental testing or documents relating to

17 the examination and evaluation. No information, report,

18 record, or other documents in any way related to the

19 examination and evaluation shall be excluded by reason of any

20 common law or statutory privilege relating to communication

21 between the registrant or applicant and the examining

22 physician or any member of the multidisciplinary team. No

23 authorization is necessary from the registrant or applicant

24 ordered to undergo an evaluation and examination for the

25 examining physician or any member of the multidisciplinary

26 team to provide information, reports, records, or other

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1 documents or to provide any testimony regarding the

2 examination and evaluation. The individual to be examined may

3 have, at the individual's own expense, another physician of

4 the individual's choice present during all aspects of the

5 examination.

6 Failure of any individual to submit to mental or physical

7 examination and evaluation, or both, when directed, shall

8 result in an automatic suspension without a hearing until such

9 time as the individual submits to the examination. If the

10 Department finds a registrant unable to practice because of

11 the reasons set forth in this Section, the Department shall

12 require such registrant to submit to care, counseling, or

13 treatment by physicians approved or designated by the

14 Department as a condition for continued, reinstated, or

15 renewed registration.

16 When the Secretary immediately suspends a registration

17 under this Section, a hearing upon such person's registration

18 must be convened by the Department within 15 days after such

19 suspension and completed without appreciable delay. The

20 Department shall have the authority to review the registrant's

21 record of treatment and counseling regarding the impairment to

22 the extent permitted by applicable federal statutes and

23 regulations safeguarding the confidentiality of medical

24 records.

25 Individuals registered under this Act and affected under

26 this Section shall be afforded an opportunity to demonstrate

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1 to the Department that they can resume practice in compliance

2 with acceptable and prevailing standards under the provisions

3 of their registration.

4 (g) All fines imposed under this Section shall be paid

5 within 60 days after the effective date of the order imposing

6 the fine or in accordance with the terms set forth in the order

7 imposing the fine.

8 (f) The Department may adopt rules to implement the

9 changes made by Public Act 102-1117 ~~this amendatory Act of the~~

10 ~~102nd General Assembly~~.

11 (Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;

12 revised 12-15-23.)

13 Section 75. The Rights of Crime Victims and Witnesses Act

14 is amended by changing Section 4 as follows:

15 (725 ILCS 120/4) (from Ch. 38, par. 1404)

16 Sec. 4. Rights of crime victims.

17 (a) Crime victims shall have the following rights:

18 (1) The right to be treated with fairness and respect

19 for their dignity and privacy and to be free from

20 harassment, intimidation, and abuse throughout the

21 criminal justice process.

22 (1.5) The right to notice and to a hearing before a

23 court ruling on a request for access to any of the victim's

24 records, information, or communications which are

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1 privileged or confidential by law.

2 (2) The right to timely notification of all court

3 proceedings.

4 (3) The right to communicate with the prosecution.

5 (4) The right to be heard at any post-arraignment

6 court proceeding in which a right of the victim is at issue

7 and any court proceeding involving a post-arraignment

8 release decision, plea, or sentencing.

9 (5) The right to be notified of the conviction, the

10 sentence, the imprisonment and the release of the accused.

11 (6) The right to the timely disposition of the case

12 following the arrest of the accused.

13 (7) The right to be reasonably protected from the

14 accused through the criminal justice process.

15 (7.5) The right to have the safety of the victim and

16 the victim's family considered in determining whether to

17 release the defendant and setting conditions of release

18 after arrest and conviction.

19 (8) The right to be present at the trial and all other

20 court proceedings on the same basis as the accused, unless

21 the victim is to testify and the court determines that the

22 victim's testimony would be materially affected if the

23 victim hears other testimony at the trial.

24 (9) The right to have present at all court

25 proceedings, including proceedings under the Juvenile

26 Court Act of 1987, subject to the rules of evidence, an

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1 advocate and other support person of the victim's choice.

2 (10) The right to restitution.

3 (11) The right to file a complaint against the accused

4 with the agency or department that licensed, certified,

5 permitted, or registered the accused if the accused holds

6 a license, certificate, permit, or registration to

7 practice a profession.

8 (b) Any law enforcement agency that investigates an

9 offense committed in this State shall provide a crime victim

10 with a written statement and explanation of the rights of

11 crime victims under this amendatory Act of the 99th General

12 Assembly within 48 hours of law enforcement's initial contact

13 with a victim. The statement shall include information about

14 crime victim compensation, including how to contact the Office

15 of the Illinois Attorney General to file a claim, and

16 appropriate referrals to local and State programs that provide

17 victim services. The content of the statement shall be

18 provided to law enforcement by the Attorney General. Law

19 enforcement shall also provide a crime victim with a sign-off

20 sheet that the victim shall sign and date as an

21 acknowledgement that he or she has been furnished with

22 information and an explanation of the rights of crime victims

23 and compensation set forth in this Act.

24 (b-5) Upon the request of the victim, the law enforcement

25 agency having jurisdiction shall provide a free copy of the

26 police report concerning the victim's incident, as soon as

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1 practicable, but in no event later than 5 business days from

2 the request.

3 (c) The Clerk of the Circuit Court shall post the rights of

4 crime victims set forth in Article I, Section 8.1(a) of the

5 Illinois Constitution and subsection (a) of this Section

6 within 3 feet of the door to any courtroom where criminal

7 proceedings are conducted. The clerk may also post the rights

8 in other locations in the courthouse.

9 (d) At any point, the victim has the right to retain a

10 victim's attorney who may be present during all stages of any

11 interview, investigation, or other interaction with

12 representatives of the criminal justice system. Treatment of

13 the victim should not be affected or altered in any way as a

14 result of the victim's decision to exercise this right.

15 (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)

16 Section 99. Effective date. This Act takes effect 6 months

17 after becoming law.

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1 INDEX

2 Statutes amended in order of appearance

3 225 ILCS 2/40.5 new

4 225 ILCS 2/110

5 225 ILCS 5/9 from Ch. 111, par. 7609

6 225 ILCS 5/16 from Ch. 111, par. 7616

7 225 ILCS 25/23 from Ch. 111, par. 2323

8 225 ILCS 25/23d new

9 225 ILCS 57/15

10 225 ILCS 57/45

11 225 ILCS 60/9.7

12 225 ILCS 60/22 from Ch. 111, par. 4400-22

13 225 ILCS 65/50-35 was 225 ILCS 65/5-23

14 225 ILCS 65/70-5 was 225 ILCS 65/10-45

15 225 ILCS 80/12.3 new

16 225 ILCS 80/24 from Ch. 111, par. 3924

17 225 ILCS 84/45.5 new

18 225 ILCS 84/90

19 225 ILCS 90/9.5 new

20 225 ILCS 90/17 from Ch. 111, par. 4267

21 225 ILCS 95/9.9 new

22 225 ILCS 95/21 from Ch. 111, par. 4621

23 225 ILCS 100/13.5 new

24 225 ILCS 100/24 from Ch. 111, par. 4824

25 225 ILCS 106/55.5 new

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