Bill Text: IL HB5231 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Reproductive Health Act. Prohibits a person from using any medication, drug, or other substance to terminate the pregnancy of an individual known to be pregnant. Amends the Medical Practice Act of 1987, the Nurse Practice Act, and the Physician Assistant Practice Act of 1987 to make conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5231 Detail]

Download: Illinois-2021-HB5231-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5231 Introduced , by Rep. Adam Niemerg SYNOPSIS AS INTRODUCED:
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 65/70-5 was 225 ILCS 65/10-45
225 ILCS 95/21 from Ch. 111, par. 4621
775 ILCS 55/1-10
775 ILCS 55/1-21 new
Amends the Reproductive Health Act. Prohibits a person from using any medication, drug, or other substance to terminate the pregnancy of an individual known to be pregnant. Amends the Medical Practice Act of 1987, the Nurse Practice Act, and the Physician Assistant Practice Act of 1987 to make conforming changes.
LRB102 23847 LNS 33040 b
A BILL FOR
HB5231 LRB102 23847 LNS 33040 b
AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Practice Act of 1987 is amended by
changing Section 22 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing
fines not to exceed $10,000 for each violation, upon any of the
following grounds:
(1) (Blank).
(2) (Blank).
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.

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

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certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor
of chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action
of the Secretary, after consideration of the
recommendation of the Medical Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving, or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,

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

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

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

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

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

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

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additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
practice only upon the entry of a Departmental order based
upon a finding by the Medical Board that the person has been
determined to be recovered from mental illness by the court
and upon the Medical Board's recommendation that the person be
permitted to resume his or her practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined
by the Illinois Department of Revenue.
The Department, upon the recommendation of the Medical

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

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its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led
by a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to provide to the Department or the Medical Board any and
all records, including business records, that relate to the
examination and evaluation, including any supplemental testing
performed. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or

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documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to
submit to mental or physical examination and evaluation, or
both, when directed, shall result in an automatic suspension,
without hearing, until such time as the individual submits to
the examination. If the Medical Board finds a physician unable
to practice following an examination and evaluation because of
the reasons set forth in this Section, the Medical Board shall
require such physician to submit to care, counseling, or
treatment by physicians, or other health care professionals,
approved or designated by the Medical Board, as a condition
for issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to

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Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions, or restrictions who shall fail to comply with such
terms, conditions, or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by
the Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Medical Board. In
instances in which the Secretary immediately suspends a
license under this Section, a hearing upon such person's
license must be convened by the Medical Board within 15 days
after such suspension and completed without appreciable delay.
The Medical Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to
the Medical Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction

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with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this
subsection B shall be prohibited from practicing medicine or
treating human ailments without the use of drugs and without
operative surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine
to a physician:
(1) based solely upon the recommendation of the

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physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device; or
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics.
(D) The Medical Board shall recommend to the Department
civil penalties and any other appropriate discipline in
disciplinary cases when the Medical Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice
as required under the Parental Notice of Abortion Act of 1995.
Upon the Medical Board's recommendation, the Department shall
impose, for the first violation, a civil penalty of $1,000 and
for a second or subsequent violation, a civil penalty of
$5,000.
(E) The Department shall revoke the license or permit of a
person licensed under this Act who knowingly violates Section
1-21 of the Reproductive Health Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
8-20-21; revised 12-2-21.)
Section 10. The Nurse Practice Act is amended by changing

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

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

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

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

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

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

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

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((b-5) The Department shall revoke the license of a person
licensed under this Act who knowingly violates Section 1-21 of
the Reproductive Health Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(d) The Department may refuse to issue or may suspend or
otherwise discipline the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(e) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present

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testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension, as defined by rule.
If the Department finds an individual unable to practice
or unfit for duty because of the reasons set forth in this
subsection (e), the Department may require that individual to
submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the Department may file, or
the Board may recommend to the Department to file, a complaint

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to immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this subsection (e), a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this subsection (e) shall be afforded an opportunity to
demonstrate to the Department that he or she can resume
practice in compliance with nursing standards under the
provisions of his or her license.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
Section 15. The Physician Assistant Practice Act of 1987

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is amended by changing Section 21 as follows:
(225 ILCS 95/21) (from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2028)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the
following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or the rules adopted under
this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is: (i) a felony;
or (ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of

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

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under this Act for the provision of services within the
scope of the licensee's practice under this Act.
(12) A finding by the Disciplinary Board that the
licensee, after having his or her license placed on
probationary status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but
not limited to, deterioration through the aging process or
loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) (Blank).
(19) Gross negligence resulting in permanent injury or

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death of a patient.
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician
assistant.
(21) Exceeding the authority delegated to him or her
by his or her collaborating physician in a written
collaborative agreement.
(22) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual
exploitation related to the licensee's practice.
(23) Violation of the Health Care Worker Self-Referral
Act.
(24) Practicing under a false or assumed name, except
as provided by law.
(25) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the
course of treatment.
(26) Allowing another person to use his or her license
to practice.
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance for other than
medically accepted therapeutic purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to

HB5231 - 31 - LRB102 23847 LNS 33040 b
exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances or other legend drugs or
ephedra as defined in the Ephedra Prohibition Act.
(31) Exceeding the prescriptive authority delegated by
the collaborating physician or violating the written
collaborative agreement delegating that authority.
(32) Practicing without providing to the Department a
notice of collaboration or delegation of prescriptive
authority.
(33) Failure to establish and maintain records of
patient care and treatment as required by law.
(34) Attempting to subvert or cheat on the examination
of the National Commission on Certification of Physician
Assistants or its successor agency.
(35) Willfully or negligently violating the
confidentiality between physician assistant and patient,
except as required by law.
(36) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(37) Being named as an abuser in a verified report by

HB5231 - 32 - LRB102 23847 LNS 33040 b
the Department on Aging under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(38) Failure to report to the Department an adverse
final action taken against him or her by another licensing
jurisdiction of the United States or a foreign state or
country, a peer review body, a health care institution, a
professional society or association, a governmental
agency, a law enforcement agency, or a court acts or
conduct similar to acts or conduct that would constitute
grounds for action under this Section.
(39) Failure to provide copies of records of patient
care or treatment, except as required by law.
(40) Entering into an excessive number of written
collaborative agreements with licensed physicians
resulting in an inability to adequately collaborate.
(41) Repeated failure to adequately collaborate with a
collaborating physician.
(42) Violating the Compassionate Use of Medical
Cannabis Program Act.
(b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,

HB5231 - 33 - LRB102 23847 LNS 33040 b
penalty, or interest as required by any tax Act administered
by the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
((b-5) The Department shall revoke the license of a person
licensed under this Act who knowingly violates Section 1-21 of
the Reproductive Health Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Disciplinary Board to the
Secretary that the licensee be allowed to resume his or her
practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in

HB5231 - 34 - LRB102 23847 LNS 33040 b
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department may order the examining physician or any
member of the multidisciplinary team to present testimony
concerning the mental or physical examination of the licensee
or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant

HB5231 - 35 - LRB102 23847 LNS 33040 b
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,

HB5231 - 36 - LRB102 23847 LNS 33040 b
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(e) An individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board, shall not be

HB5231 - 37 - LRB102 23847 LNS 33040 b
subject to criminal prosecution or civil damages as a result
of such actions.
(f) Members of the Board and the Disciplinary Board shall
be indemnified by the State for any actions occurring within
the scope of services on the Disciplinary Board or Board, done
in good faith and not willful and wanton in nature. The
Attorney General shall defend all such actions unless he or
she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the
member has the right to employ counsel of his or her choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
The member must notify the Attorney General within 7 days
after receipt of notice of the initiation of any action
involving services of the Disciplinary Board. Failure to so
notify the Attorney General constitutes an absolute waiver of
the right to a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)

HB5231 - 38 - LRB102 23847 LNS 33040 b
Section 20. The Reproductive Health Act is amended by
changing Section 1-10 and by adding Section 1-21 as follows:
(775 ILCS 55/1-10)
Sec. 1-10. Definitions. As used in this Act:
"Abortion" means the use of any instrument, medicine,
drug, or any other substance or device to terminate the
pregnancy of an individual known to be pregnant with an
intention other than to increase the probability of a live
birth, to preserve the life or health of the child after live
birth, or to remove a dead fetus.
"Advanced practice registered nurse" has the same meaning
as it does in Section 50-10 of the Nurse Practice Act.
"Department" means the Illinois Department of Public
Health.
"Fetal viability" means that, in the professional judgment
of the attending health care professional, based on the
particular facts of the case, there is a significant
likelihood of a fetus' sustained survival outside the uterus
without the application of extraordinary medical measures.
"Health care professional" means a person who is licensed
as a physician, advanced practice registered nurse, or
physician assistant.
"Health of the patient" means all factors that are
relevant to the patient's health and well-being, including,
but not limited to, physical, emotional, psychological, and

HB5231 - 39 - LRB102 23847 LNS 33040 b
familial health and age.
"Maternity care" means the health care provided in
relation to pregnancy, labor and childbirth, and the
postpartum period, and includes prenatal care, care during
labor and birthing, and postpartum care extending through
one-year postpartum. Maternity care shall, seek to optimize
positive outcomes for the patient, and be provided on the
basis of the physical and psychosocial needs of the patient.
Notwithstanding any of the above, all care shall be subject to
the informed and voluntary consent of the patient, or the
patient's legal proxy, when the patient is unable to give
consent.
"Physician" means any person licensed to practice medicine
in all its branches under the Medical Practice Act of 1987.
"Physician assistant" has the same meaning as it does in
Section 4 of the Physician Assistant Practice Act of 1987.
"Pregnancy" means the human reproductive process,
beginning with the implantation of an embryo.
"Prevailing party" has the same meaning as in the Illinois
Civil Rights Act of 2003.
"Reproductive health care" means health care offered,
arranged, or furnished for the purpose of preventing
pregnancy, terminating a pregnancy, managing pregnancy loss,
or improving maternal health and birth outcomes. Reproductive
health care includes, but is not limited to: contraception;
sterilization; preconception care; maternity care; abortion

HB5231 - 40 - LRB102 23847 LNS 33040 b
care; and counseling regarding reproductive health care.
"State" includes any branch, department, agency,
instrumentality, and official or other person acting under
color of law of this State or a political subdivision of the
State, including any unit of local government (including a
home rule unit), school district, instrumentality, or public
subdivision.
(Source: P.A. 101-13, eff. 6-12-19.)
(775 ILCS 55/1-21 new)
Sec. 1-21. Prohibited abortion methods. No person shall
use any medication, drug, or other substance to terminate the
pregnancy of an individual known to be pregnant. The license
or permit of a physician, physician assistant, advanced
practice registered nurse, or registered nurse who administers
medication, a drug, or other substance to terminate the
pregnancy of an individual known to be pregnant shall be
revoked under the Medical Practice Act of 1987, the Physician
Assistant Practice Act of 1987, or the Nurse Practice Act,
respectively.