Bill Text: IL SB2450 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Behavior Analyst Licensing Act, the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Licensed Certified Professional Midwife Practice Act, the Nurse Practice Act, the Pharmacy Practice Act, the Physician Assistant Practice Act of 1987, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Wholesale Drug Distribution Licensing Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Genetic Counselor Licensing Act. Provides that the Department of Professional and Financial Regulation shall not take any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based solely upon the person's involvement in any health care service, so long as the care was not unlawful under the laws of the State. Prohibits the Department from taking any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based upon the person's license, registration, or permit (rather than only license) being revoked or suspended, or the person being otherwise disciplined by any other state, if that form of discipline was based solely on the person violating another state's laws prohibiting involvement in any health care service if that health care service would not have been unlawful under the laws of the State and is consistent with the applicable standard of conduct for a person practicing in Illinois under those Acts. Changes certain references to official occupation titles in the amended Acts to "person". Amends the Illinois Food, Drug and Cosmetic Act. Provides that a drug's status as not approved by the U.S. Food and Drug Administration shall not cause it to be deemed an adulterated drug if its safety and efficacy have been established by peer-reviewed research or if it is recommended for use by the World Health Organization, even if the drug's labelling reflects prior approval that is no longer in effect, so long as such labelling was true and accurate at the time of manufacture.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Referred to Assignments [SB2450 Detail]

Download: Illinois-2025-SB2450-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2450 Introduced 2/7/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
See Index
Amends the Behavior Analyst Licensing Act, the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Licensed Certified Professional Midwife Practice Act, the Nurse Practice Act, the Pharmacy Practice Act, the Physician Assistant Practice Act of 1987, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Wholesale Drug Distribution Licensing Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Genetic Counselor Licensing Act. Provides that the Department of Professional and Financial Regulation shall not take any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based solely upon the person's involvement in any health care service, so long as the care was not unlawful under the laws of the State. Prohibits the Department from taking any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based upon the person's license, registration, or permit (rather than only license) being revoked or suspended, or the person being otherwise disciplined by any other state, if that form of discipline was based solely on the person violating another state's laws prohibiting involvement in any health care service if that health care service would not have been unlawful under the laws of the State and is consistent with the applicable standard of conduct for a person practicing in Illinois under those Acts. Changes certain references to official occupation titles in the amended Acts to "person". Amends the Illinois Food, Drug and Cosmetic Act. Provides that a drug's status as not approved by the U.S. Food and Drug Administration shall not cause it to be deemed an adulterated drug if its safety and efficacy have been established by peer-reviewed research or if it is recommended for use by the World Health Organization, even if the drug's labelling reflects prior approval that is no longer in effect, so long as such labelling was true and accurate at the time of manufacture.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Behavior Analyst Licensing Act is amended
by changing Section 60 as follows:
(225 ILCS 6/60)
(Section scheduled to be repealed on January 1, 2028)
Sec. 60. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license,
or may suspend, revoke, place on probation, reprimand, or take
any other disciplinary or nondisciplinary action deemed
appropriate by the Department, including the imposition of
fines not to exceed $10,000 for each violation, with regard to
any license issued under the provisions of this Act for any one
or a combination of the following grounds:
(1) material misstatements in furnishing information
to the Department or to any other State agency or in
furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a client
patient;
(2) violations or negligent or intentional disregard
of this Act or its rules;
(3) conviction of or entry of a plea of guilty or nolo

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

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practice with reasonable judgment, skill, or safety;
(11) adverse action taken by another state or
jurisdiction if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(12) directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered; nothing in this paragraph affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law; any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act; nothing in this paragraph shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(13) a finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation or failed to comply
with those terms;
(14) abandonment, without cause, of a client;
(15) willfully making or filing false records or

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reports relating to a licensee's practice, including, but
not limited to, false records filed with federal or State
agencies or departments;
(16) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(17) being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(18) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(19) solicitation of professional services by using
false or misleading advertising;
(20) violation of the Health Care Worker Self-Referral
Act;
(21) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act; or

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(22) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code shall result in an automatic suspension of the licensee's
license. The suspension shall end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient, and upon the recommendation of
the Board to the Secretary that the licensee be allowed to
resume professional practice.
(c) The Department shall refuse to issue or renew or may
suspend the license of a person who (i) fails to file a tax
return, pay the tax, penalty, or interest shown in a filed tax
return, or pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied or (ii) has failed to pay any court-ordered
child support as determined by a court order or by referral
from the Department of Healthcare and Family Services.
(c-1) The Department shall not revoke, suspend, place on

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probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against a
person's authorization to practice the license or permit
issued under this Act based solely upon the person licensed
behavior analyst recommending, aiding, assisting, referring
for, or participating in any health care service, so long as
the care was not unlawful under the laws of this State,
regardless of whether the client patient was a resident of
this State or another state.
(c-2) The Department shall not revoke, suspend, place on
prohibition, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against a
person's authorization to practice the license or permit
issued under this Act to practice as a licensed behavior
analyst based upon the person's licensed behavior analyst's
license, registration, or permit being revoked or suspended,
or the person licensed behavior analyst being otherwise
disciplined, by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the person licensed behavior analyst violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the applicable
standard standards of conduct for a person licensed behavior

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analyst practicing in Illinois under this Act.
(c-3) The conduct specified in subsections (c-1) and (c-2)
shall not constitute grounds for suspension under Section 125.
(c-4) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
licensed behavior analyst based solely upon the person's
license, registration, or permit of a licensed behavior
analyst being revoked or suspended, or the person the licensed
behavior analyst being otherwise disciplined, by any other
state or territory other than Illinois for the referral for or
having otherwise participated in any health care service, if
the revocation, suspension, or disciplinary action was based
solely on a violation of the other state's law prohibiting
such health care services in the state, for a resident of the
state, or in any other state.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel a person licensed
to practice under this Act, or who has applied for licensure
under this Act, to submit to a mental or physical examination,
or both, which may include a substance abuse or sexual
offender evaluation, as required by and at the expense of the
Department.
(1) The Department shall specifically designate the

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

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is necessary from the licensee or applicant ordered to
undergo an examination for the examining physician or any
member of the multidisciplinary team to provide
information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation.
(3) The person to be examined may have, at the
person's own expense, another physician of the person's
choice present during all aspects of the examination.
However, that physician shall be present only to observe
and may not interfere in any way with the examination.
(4) The failure of any person to submit to a mental or
physical examination without reasonable cause, when
ordered, shall result in an automatic suspension of the
person's license until the person submits to the
examination.
(e) If the Department finds a person unable to practice
because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person. Any

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person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to the terms,
conditions, or restrictions, and who fails to comply with the
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the person shall
have the person's license suspended immediately, pending a
hearing by the Department.
(f) All fines imposed shall be paid within 60 days after
the effective date of the order imposing the fine or in
accordance with the terms set forth in the order imposing the
fine.
If the Secretary immediately suspends a person's license
under this subsection, a hearing on that person's license must
be convened by the Department within 30 days after the
suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject person's record of treatment and counseling regarding
the impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that the person can resume practice in
compliance with acceptable and prevailing standards under the
provisions of the person's license.
(g) The Department may adopt rules to implement,

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administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-953, eff. 5-27-22; 102-1117, eff. 1-13-23.)
Section 10. The Clinical Psychologist Licensing Act is
amended by changing Section 15 as follows:
(225 ILCS 15/15) (from Ch. 111, par. 5365)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Disciplinary action; grounds.
(a) The Department may refuse to issue, refuse to renew,
suspend, or revoke any license, or may place on probation,
reprimand, or take other disciplinary or non-disciplinary
action deemed appropriate by the Department, including the
imposition of fines not to exceed $10,000 for each violation,
with regard to any license issued under the provisions of this
Act for any one or a combination of the following reasons:
(1) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or any state or territory thereof or
that is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession.
(2) Gross negligence in the rendering of clinical
psychological services.
(3) Using fraud or making any misrepresentation in

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applying for a license or in passing the examination
provided for in this Act.
(4) Aiding or abetting or conspiring to aid or abet a
person, not a clinical psychologist licensed under this
Act, in representing himself or herself as so licensed or
in applying for a license under this Act.
(5) Violation of any provision of this Act or the
rules promulgated thereunder.
(6) Professional connection or association with any
person, firm, association, partnership or corporation
holding himself, herself, themselves, or itself out in any
manner contrary to this Act.
(7) Unethical, unauthorized, or unprofessional conduct
as defined by rule. In establishing those rules, the
Department shall consider, though is not bound by, the
ethical standards for psychologists promulgated by
recognized national psychology associations.
(8) Aiding or assisting another person in violating
any provisions of this Act or the rules promulgated
thereunder.
(9) Failing to provide, within 60 days, information in
response to a written request made by the Department.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in a clinical psychologist's
inability to practice with reasonable judgment, skill, or

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safety.
(11) Discipline by another state, territory, the
District of Columbia, or foreign country, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth herein.
(12) Directly or indirectly giving or receiving from
any person, firm, corporation, association, or partnership
any fee, commission, rebate, or other form of compensation
for any professional service not actually or personally
rendered. Nothing in this paragraph (12) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding that the licensee, after having his or
her license placed on probationary status, has violated
the terms of probation.
(14) Willfully making or filing false records or
reports, including, but not limited to, false records or
reports filed with State agencies or departments.

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(15) Physical illness, including, but not limited to,
deterioration through the aging process, mental illness,
or disability that results in the inability to practice
the profession with reasonable judgment, skill, and
safety.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Violation of the Health Care Worker Self-Referral
Act.
(19) Making a material misstatement in furnishing
information to the Department, any other State or federal
agency, or any other entity.
(20) Failing to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to an act or conduct similar to an act or
conduct that would constitute grounds for action as set
forth in this Section.
(21) Failing to report to the Department any adverse

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final action taken against a licensee or applicant by
another licensing jurisdiction, including any other state
or territory of the United States or any foreign state or
country, or any peer review body, health care institution,
professional society or association related to the
profession, governmental agency, law enforcement agency,
or court for an act or conduct similar to an act or conduct
that would constitute grounds for disciplinary action as
set forth in this Section.
(22) Prescribing, selling, administering,
distributing, giving, or self-administering (A) any drug
classified as a controlled substance (designated product)
for other than medically accepted therapeutic purposes or
(B) any narcotic drug.
(23) Violating State state or federal laws or
regulations relating to controlled substances, legend
drugs, or ephedra as defined in the Ephedra Prohibition
Act.
(24) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
his or her collaborating physician or established under a
written collaborative agreement.
The entry of an order by any circuit court establishing
that any person holding a license under this Act is subject to
involuntary admission or judicial admission as provided for in
the Mental Health and Developmental Disabilities Code,

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operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit court that the patient is no longer
subject to involuntary admission or judicial admission and the
issuance of an order so finding and discharging the patient
and upon the Board's recommendation to the Department that the
license be restored. Where the circumstances so indicate, the
Board may recommend to the Department that it require an
examination prior to restoring any license so automatically
suspended.
The Department shall refuse to issue or suspend the
license of any person who fails to file a return, or to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of the tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel any person licensed
to practice under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians or
clinical psychologists shall be those specifically designated
by the Department. The Board or the Department may order the
examining physician or clinical psychologist to present

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

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fails to comply with such terms, conditions, or restrictions,
shall be referred to the Secretary for a determination as to
whether the person shall have his or her license suspended
immediately, pending a hearing by the Board.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Board within 15 days
after the suspension and completed without appreciable delay.
The Board shall have the authority to review the subject
person's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Board that he or she can resume practice in compliance with
acceptable and prevailing standards under the provisions of
his or her license.
(b) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against a
person's authorization to practice the license or permit
issued under this Act based solely upon the person licensed
clinical psychologist recommending, aiding, assisting,
referring for, or participating in any health care service, so
long as the care was not unlawful under the laws of this State,

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

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action against a person's authorization to practice the
license or permit issued under this Act to practice as a
licensed clinical psychologist based solely upon the license,
registration, or permit of the a person licensed clinical
psychologist being suspended or revoked, or the person
licensed clinical psychologist being otherwise disciplined, by
any other state or territory other than Illinois for the
referral for or having otherwise participated in any health
care service, if the revocation, suspension, or other
disciplinary action was based solely on a violation of the
other state's law prohibiting such health care services in the
state, for a resident of the state, or in any other state.
(f) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 15. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 19 as follows:
(225 ILCS 20/19)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19. Grounds for disciplinary action.
(1) The Department may refuse to issue or renew a license,
or may suspend, revoke, place on probation, reprimand, or take
any other disciplinary or non-disciplinary action deemed

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appropriate by the Department, including the imposition of
fines not to exceed $10,000 for each violation, with regard to
any license issued under the provisions of this Act for any one
or a combination of the following grounds:
(a) material misstatements in furnishing information
to the Department or to any other State agency or in
furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(b) violations or negligent or intentional disregard
of this Act, or any of the rules promulgated hereunder;
(c) conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the clinical social work or social work
professions;
(d) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act;
(e) professional incompetence;
(f) gross negligence in practice under this Act;

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(g) aiding or assisting another person in violating
any provision of this Act or its rules;
(h) failing to provide information within 60 days in
response to a written request made by the Department;
(i) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department;
(j) habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances that results in the inability to
practice with reasonable judgment, skill, or safety;
(k) adverse action taken by another state or
jurisdiction, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(l) directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional service not actually rendered.
Nothing in this paragraph (l) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include

SB2450 - 23 - LRB104 12244 BDA 22351 b
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (l) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(m) a finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation or failed to comply
with such terms;
(n) abandonment, without cause, of a client;
(o) willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with federal Federal
or State agencies or departments;
(p) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(q) being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(r) physical illness, mental illness, or any other

SB2450 - 24 - LRB104 12244 BDA 22351 b
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(s) solicitation of professional services by using
false or misleading advertising;
(t) violation of the Health Care Worker Self-Referral
Act;
(u) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act; or
(v) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(2) (Blank).
(3) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, will result in an automatic suspension of the licensee's
license. Such suspension will end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission and issues an order so finding

SB2450 - 25 - LRB104 12244 BDA 22351 b
and discharging the patient, and upon the recommendation of
the Board to the Secretary that the licensee be allowed to
resume professional practice.
(4) The Department shall refuse to issue or renew or may
suspend the license of a person who (i) fails to file a return,
pay the tax, penalty, or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied
or (ii) has failed to pay any court-ordered child support as
determined by a court order or by referral from the Department
of Healthcare and Family Services.
(4.5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice license or
permit issued under this Act based solely upon the person
licensed clinical social worker authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State, regardless of whether
the patient was a resident of this State or another state.
(4.10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the

SB2450 - 26 - LRB104 12244 BDA 22351 b
license or permit issued under this Act to practice as a
licensed clinical social worker based upon the person's
licensed clinical social worker's license, registration, or
permit being revoked or suspended, or the person licensed
clinical social worker being otherwise disciplined, by any
other state, if that revocation, suspension, or other form of
discipline was based solely on the person licensed clinical
social worker violating another state's laws prohibiting the
provision of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any health
care service if that health care service as provided would not
have been unlawful under the laws of this State and is
consistent with the applicable standard standards of conduct
for a person licensed clinical social worker practicing in
Illinois under this Act.
(4.15) The conduct specified in subsection (4.5), (4.10),
(4.25), or (4.30) shall not constitute grounds for suspension
under Section 32.
(4.20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have

SB2450 - 27 - LRB104 12244 BDA 22351 b
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(4.25) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice license or
permit issued under this Act based solely upon an immigration
violation by the person licensed clinical social worker.
(4.30) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
licensed clinical social worker based upon the person's
licensed clinical social worker's license, registration, or
permit being revoked or suspended, or the person licensed
clinical social worker being otherwise disciplined, by any
other state, if that revocation, suspension, or other form of
discipline was based solely upon an immigration violation by
the person licensed clinical social worker.
(5)(a) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may compel a person
licensed to practice under this Act, or who has applied for

SB2450 - 28 - LRB104 12244 BDA 22351 b
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
(b) The Department shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination or
both. The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
(c) The Board or the Department may order the examining
physician or any member of the multidisciplinary team to
present testimony concerning this mental or physical
examination of the licensee or applicant. No information,
report, record, or other documents in any way related to the

SB2450 - 29 - LRB104 12244 BDA 22351 b
examination shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician or any
member of the multidisciplinary team. No authorization is
necessary from the licensee or applicant ordered to undergo an
examination for the examining physician or any member of the
multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation.
(d) The person to be examined may have, at the person's own
expense, another physician of the person's choice present
during all aspects of the examination. However, that physician
shall be present only to observe and may not interfere in any
way with the examination.
(e) Failure of any person to submit to a mental or physical
examination without reasonable cause, when ordered, shall
result in an automatic suspension of the person's license
until the person submits to the examination.
(f) If the Department or Board finds a person unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling or treatment, the
Department may file, or the Board may recommend to the

SB2450 - 30 - LRB104 12244 BDA 22351 b
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the person's
license shall be suspended immediately, pending a hearing by
the Department.
(g) All fines imposed shall be paid within 60 days after
the effective date of the order imposing the fine or in
accordance with the terms set forth in the order imposing the
fine.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject person's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that the person can resume practice in
compliance with acceptable and prevailing standards under the

SB2450 - 31 - LRB104 12244 BDA 22351 b
provisions of the person's license.
(h) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25;
103-1048, eff. 1-1-25; revised 11-26-24.)
Section 20. The Marriage and Family Therapy Licensing Act
is amended by changing Section 85 as follows:
(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew a license,
or may revoke, suspend, reprimand, place on probation, or take
any other disciplinary or non-disciplinary action as the
Department may deem proper, including the imposition of fines
not to exceed $10,000 for each violation, with regard to any
license issued under the provisions of this Act for any one or
combination of the following grounds:
(1) Material misstatement in furnishing information to
the Department.
(2) Violation of any provision of this Act or its
rules.
(3) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of

SB2450 - 32 - LRB104 12244 BDA 22351 b
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act or its rules.
(5) Professional incompetence.
(6) Gross negligence in practice under this Act.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.

SB2450 - 33 - LRB104 12244 BDA 22351 b
(11) Discipline by another jurisdiction if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually or
personally rendered. Nothing in this paragraph (12)
affects any bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (12) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with the terms.
(14) Abandonment of a patient without cause.
(15) Willfully making or filing false records or
reports relating to a licensee's practice, including, but

SB2450 - 34 - LRB104 12244 BDA 22351 b
not limited to, false records filed with State agencies or
departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical illness or mental illness or impairment,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(21) Practicing under a false or assumed name, except
as provided by law.
(22) Gross, willful, and continued overcharging for
professional services, including filing false statements

SB2450 - 35 - LRB104 12244 BDA 22351 b
for collection of fees or moneys for which services are
not rendered.
(23) Failure to establish and maintain records of
patient care and treatment as required by law.
(24) Cheating on or attempting to subvert the
licensing examinations administered under this Act.
(25) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(26) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(b) (Blank).
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her

SB2450 - 36 - LRB104 12244 BDA 22351 b
practice as a licensed marriage and family therapist or an
associate licensed marriage and family therapist.
(d) The Department shall refuse to issue or may suspend
the license of any person who fails to file a return, pay the
tax, penalty, or interest shown in a filed return or pay any
final assessment of tax, penalty, or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are
satisfied.
(d-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
marriage and family therapist or associate licensed marriage
and family therapist based solely upon the person marriage and
family therapist or associate licensed marriage and family
therapist authorizing, recommending, aiding, assisting,
referring for, or otherwise participating in any health care
service, so long as the care was not unlawful Unlawful under
the laws of this State, regardless of whether the patient was a
resident of this State or another state.
(d-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the

SB2450 - 37 - LRB104 12244 BDA 22351 b
license or permit issued under this Act to practice as a
marriage and family therapist or associate licensed marriage
and family therapist based upon the person's marriage and
family therapist's or associate licensed marriage and family
therapist's license, registration, or permit being revoked or
suspended, or the person marriage and family therapist or
associate licensed marriage and family therapist being
otherwise disciplined, by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the person marriage and family therapist or associate licensed
marriage and family therapist violating another state's laws
prohibiting the provision of, authorization of, recommendation
of, aiding or assisting in, referring for, or participation in
any health care service if that health care service as
provided would not have been unlawful under the laws of this
State and is consistent with the applicable standard standards
of conduct for a person marriage and family therapist or an
associate licensed marriage and family therapist practicing in
Illinois under this Act.
(d-15) The conduct specified in subsection (d-5), (d-10),
(d-25), or (d-30) shall not constitute grounds for suspension
under Section 145.
(d-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the

SB2450 - 38 - LRB104 12244 BDA 22351 b
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(d-25) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
marriage and family therapist or associate licensed marriage
and family therapist based solely upon an immigration
violation by the person marriage and family therapist or
associate licensed marriage and family therapist.
(d-30) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
marriage and family therapist or associate licensed marriage
and family therapist based upon the person's marriage and
family therapist's or associate licensed marriage and family

SB2450 - 39 - LRB104 12244 BDA 22351 b
therapist's license, registration, or permit being revoked or
suspended, or the person marriage and family therapist or
associate licensed marriage and family therapist being
otherwise disciplined, by any other state, if that revocation,
suspension, or other form of discipline was based solely upon
an immigration violation by the person marriage and family
therapist or associate licensed marriage and family therapist.
(e) In enforcing this Section, the Department or Board
upon a showing of a possible violation may compel an
individual licensed to practice under this Act, or who has
applied for licensure under this Act, to submit to a mental or
physical examination, or both, which may include a substance
abuse or sexual offender evaluation, as required by and at the
expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, licensed marriage and family
therapists, and other professional and administrative staff.
Any examining physician or member of the multidisciplinary

SB2450 - 40 - LRB104 12244 BDA 22351 b
team may require any person ordered to submit to an
examination and evaluation pursuant to this Section to submit
to any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department or Board may order the examining physician
or any member of the multidisciplinary team to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information, report, record, or
other documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at his or her own

SB2450 - 41 - LRB104 12244 BDA 22351 b
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the individual.
An individual whose license was granted, continued,
reinstated, renewed, disciplined, or supervised subject to
such terms, conditions, or restrictions, and who fails to
comply with such terms, conditions, or restrictions, shall be
referred to the Secretary for a determination as to whether
the individual shall have his or her license suspended
immediately, pending a hearing by the Department.
In instances in which the Secretary immediately suspends a

SB2450 - 42 - LRB104 12244 BDA 22351 b
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(f) A fine shall be paid within 60 days after the effective
date of the order imposing the fine or in accordance with the
terms set forth in the order imposing the fine.
(g) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25.)
Section 25. The Medical Practice Act of 1987 is amended by
changing Sections 22 and 23 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2027)

SB2450 - 43 - LRB104 12244 BDA 22351 b
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing
fines not to exceed $10,000 for each violation, upon any of the
following grounds:
(1) (Blank).
(2) (Blank).
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(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.

SB2450 - 44 - LRB104 12244 BDA 22351 b
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine, or doctor of chiropractic, a
certified copy of the record of the action taken by the
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

SB2450 - 45 - LRB104 12244 BDA 22351 b
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,
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,

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including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or willfully failing to report an
instance of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
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

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rendered, including, but not limited to, filing such false
statements for collection of monies for services not
rendered from the medical assistance program of the
Department of Healthcare and Family Services (formerly
Department of Public Aid) under the Illinois Public Aid
Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill, or safety.
(29) Cheating on or attempting to subvert the
licensing examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed

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under this Act.
(33) Violating State or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any
peer review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of
a license or authorization to practice as a medical
doctor, a doctor of osteopathy, a doctor of osteopathic
medicine, or doctor of chiropractic in another state or
jurisdiction, or 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

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

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collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.
(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

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herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of
the complaint. In the event of the settlement of any claim or
cause of action in favor of the claimant or the reduction to
final judgment of any civil action in favor of the plaintiff,
such claim, cause of action, or civil action being grounded on
the allegation that a person licensed under this Act was
negligent in providing care, the Department shall have an
additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal
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

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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
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

SB2450 - 53 - LRB104 12244 BDA 22351 b
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
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

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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
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

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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
Section 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined, or supervised, subject to such terms,
conditions, or restrictions who shall fail to comply with such
terms, conditions, or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by
the Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Medical Board. In
instances in which the Secretary immediately suspends a
license under this Section, a hearing upon such person's
license must be convened by the Medical Board within 15 days

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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 Medical Board, in determining mental capacity of an
individual licensed under this Act, shall consider the latest
recommendations of the Federation of State Medical Boards.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.

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(B) The Department shall revoke the license or permit
issued under this Act to practice medicine of or a
chiropractic physician who has been convicted a second time of
committing any felony under the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, or who has been convicted a second time of committing a
Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
Public Aid Code. A person whose license or permit is revoked
under this subsection (B) 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 a
person's authorization to practice the license or permit
issued under this Act to practice medicine to a physician:
(1) based solely upon the recommendation of the person
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device;
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics;
(3) based solely upon the person physician providing,
authorizing, recommending, aiding, assisting, referring

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

SB2450 - 59 - LRB104 12244 BDA 22351 b
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that the
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of the
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(G) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff.
1-1-24; revised 10-22-24.)
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.
(1) Health care institutions. The chief administrator
or executive officer of any health care institution
licensed by the Illinois Department of Public Health shall

SB2450 - 60 - LRB104 12244 BDA 22351 b
report to the Medical Board when any person's clinical
privileges are terminated or are restricted based on a
final determination made in accordance with that
institution's by-laws or rules and regulations that a
person has either committed an act or acts which may
directly threaten patient care or that a person may have a
mental or physical disability that may endanger patients
under that person's care. Such officer also shall report
if a person accepts voluntary termination or restriction
of clinical privileges in lieu of formal action based upon
conduct related directly to patient care or in lieu of
formal action seeking to determine whether a person may
have a mental or physical disability that may endanger
patients under that person's care. The Medical Board
shall, by rule, provide for the reporting to it by health
care institutions of all instances in which a person,
licensed under this Act, who is impaired by reason of age,
drug or alcohol abuse, or physical or mental impairment,
is under supervision and, where appropriate, is in a
program of rehabilitation. Such reports shall be strictly
confidential and may be reviewed and considered only by
the members of the Medical Board, or by authorized staff
as provided by rules of the Medical Board. Provisions
shall be made for the periodic report of the status of any
such person not less than twice annually in order that the
Medical Board shall have current information upon which to

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

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(1.5) Clinical training programs. The program director
of any post-graduate clinical training program shall
report to the Medical Board if a person engaged in a
post-graduate clinical training program at the
institution, including, but not limited to, a residency or
fellowship, separates from the program for any reason
prior to its conclusion. The program director shall
provide all documentation relating to the separation if,
after review of the report, the Medical Board determines
that a review of those documents is necessary to determine
whether a violation of this Act occurred.
(2) Professional associations. The President or chief
executive officer of any association or society, of
persons licensed under this Act, operating within this
State shall report to the Medical Board when the
association or society renders a final determination that
a person has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability that may endanger patients under
that person's care.
(3) Professional liability insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other
entity which seeks to indemnify the professional liability
of a person licensed under this Act, shall report to the
Medical Board the settlement of any claim or cause of

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action, or final judgment rendered in any cause of action,
which alleged negligence in the furnishing of medical care
by such licensed person when such settlement or final
judgment is in favor of the plaintiff. Such insurance
company shall not take any adverse action, including, but
not limited to, denial or revocation of coverage, or rate
increases, against a person authorized to practice
licensed under this Act with respect to coverage for
services provided in the State if based solely on the
person providing, authorizing, recommending, aiding,
assisting, referring for, or otherwise participating in
health care services in this State in violation of another
state's law, or a revocation or other adverse action
against the person's license, registration, or permit in
another state for violation of such law if that health
care service as provided would have been lawful and
consistent with the applicable standard standards of
conduct for a person practicing in Illinois under this Act
physicians if it occurred in the State. Notwithstanding
this provision, it is against public policy to require
coverage for an illegal action.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Medical Board, within 5 days,
any instances in which a person licensed under this Act is
convicted of any felony or Class A misdemeanor.
(5) State agencies. All agencies, boards, commissions,

SB2450 - 64 - LRB104 12244 BDA 22351 b
departments, or other instrumentalities of the government
of the State of Illinois shall report to the Medical Board
any instance arising in connection with the operations of
such agency, including the administration of any law by
such agency, in which a person licensed under this Act has
either committed an act or acts which may be a violation of
this Act or which may constitute unprofessional conduct
related directly to patient care or which indicates that a
person licensed under this Act may have a mental or
physical disability that may endanger patients under that
person's care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
this Section 23 shall be submitted to the Medical Board in a
timely fashion. Unless otherwise provided in this Section, the
reports shall be filed in writing within 60 days after a
determination that a report is required under this Act. All
reports shall contain the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any patient or
patients whose treatment is a subject of the report, if
available, or other means of identification if such
information is not available, identification of the

SB2450 - 65 - LRB104 12244 BDA 22351 b
hospital or other health care healthcare facility where
the care at issue in the report was rendered, provided,
however, no medical records may be revealed.
(4) A brief description of the facts which gave rise
to the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the
report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of the
report.
The Medical Board or Department may also exercise the
power under Section 38 of this Act to subpoena copies of
hospital or medical records in mandatory report cases alleging
death or permanent bodily injury. Appropriate rules shall be
adopted by the Department with the approval of the Medical
Board.
When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to, in any
way, waive or modify the confidentiality of medical reports

SB2450 - 66 - LRB104 12244 BDA 22351 b
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Medical Board, the Medical
Coordinators, the Medical Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation or to a health
care licensing body or medical licensing authority of this
State or another state or jurisdiction pursuant to an official
request made by that licensing body or medical licensing
authority. Furthermore, information and documents disclosed to
a federal, State, or local law enforcement agency may be used
by that agency only for the investigation and prosecution of a
criminal offense, or, in the case of disclosure to a health
care licensing body or medical licensing authority, only for
investigations and disciplinary action proceedings with regard
to a license. Information and documents disclosed to the
Department of Public Health may be used by that Department
only for investigation and disciplinary action regarding the
license of a health care institution licensed by the
Department of Public Health.
(C) Immunity from prosecution. Any individual or

SB2450 - 67 - LRB104 12244 BDA 22351 b
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Medical Board or a peer
review committee, or assisting in the investigation or
preparation of such information, or by voluntarily reporting
to the Medical Board or a peer review committee information
regarding alleged errors or negligence by a person licensed
under this Act, or by participating in proceedings of the
Medical Board or a peer review committee, or by serving as a
member of the Medical Board or a peer review committee, shall
not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(D) Indemnification. Members of the Medical Board, the
Medical Coordinators, the Medical Board's attorneys, the
medical investigative staff, physicians retained under
contract to assist and advise the medical coordinators in the
investigation, and authorized clerical staff shall be
indemnified by the State for any actions occurring within the
scope of services on the Medical Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either
that there would be a conflict of interest in such
representation or that the actions complained of were not in
good faith or were wilful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her

SB2450 - 68 - LRB104 12244 BDA 22351 b
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Medical Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Deliberations of Medical Board. Upon the receipt of
any report called for by this Act, other than those reports of
impaired persons licensed under this Act required pursuant to
the rules of the Medical Board, the Medical Board shall notify
in writing, by mail or email, the person who is the subject of
the report. Such notification shall be made within 30 days of
receipt by the Medical Board of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the

SB2450 - 69 - LRB104 12244 BDA 22351 b
amending of the report previously filed. The person who is the
subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the Medical
Board no more than 30 days after the date on which the person
was notified by the Medical Board of the existence of the
original report.
The Medical Board shall review all reports received by it,
together with any supporting information and responding
statements submitted by persons who are the subject of
reports. The review by the Medical Board shall be in a timely
manner but in no event, shall the Medical Board's initial
review of the material contained in each disciplinary file be
less than 61 days nor more than 180 days after the receipt of
the initial report by the Medical Board.
When the Medical Board makes its initial review of the
materials contained within its disciplinary files, the Medical
Board shall, in writing, make a determination as to whether
there are sufficient facts to warrant further investigation or
action. Failure to make such determination within the time
provided shall be deemed to be a determination that there are
not sufficient facts to warrant further investigation or
action.
Should the Medical Board find that there are not
sufficient facts to warrant further investigation, or action,

SB2450 - 70 - LRB104 12244 BDA 22351 b
the report shall be accepted for filing and the matter shall be
deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Medical Board's decision
or request further investigation. The Secretary shall inform
the Medical Board of the decision to request further
investigation, including the specific reasons for the
decision. The individual or entity filing the original report
or complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Secretary of any
final action on their report or complaint. The Department
shall disclose to the individual or entity who filed the
original report or complaint, on request, the status of the
Medical Board's review of a specific report or complaint. Such
request may be made at any time, including prior to the Medical
Board's determination as to whether there are sufficient facts
to warrant further investigation or action.
(F) Summary reports. The Medical Board shall prepare, on a
timely basis, but in no event less than once every other month,
a summary report of final disciplinary actions taken upon
disciplinary files maintained by the Medical Board. The
summary reports shall be made available to the public upon
request and payment of the fees set by the Department. This
publication may be made available to the public on the
Department's website. Information or documentation relating to
any disciplinary file that is closed without disciplinary
action taken shall not be disclosed and shall be afforded the

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same status as is provided by Part 21 of Article VIII of the
Code of Civil Procedure.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or
for an order enforcing compliance with this Section. Upon
filing of a verified petition in such court, the court may
issue a temporary restraining order without notice or bond and
may preliminarily or permanently enjoin such violation, and if
it is established that such person has violated or is
violating the injunction, the court may punish the offender
for contempt of court. Proceedings under this paragraph shall
be in addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(I) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
102-1117, eff. 1-13-23.)
Section 30. The Licensed Certified Professional Midwife
Practice Act is amended by changing Section 100 as follows:

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(225 ILCS 64/100)
(Section scheduled to be repealed on January 1, 2027)
Sec. 100. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the
following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or the rules adopted under
this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is: (i) a felony;
or (ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.

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

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(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State 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) Gross negligence resulting in permanent injury or
death of a patient.
(19) Employment of fraud, deception, or any unlawful

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means in applying for or securing a license as a licensed
certified professional midwife.
(21) Immoral conduct in the commission of any act,
including sexual abuse, sexual misconduct, or sexual
exploitation related to the licensee's practice.
(22) Violation of the Health Care Worker Self-Referral
Act.
(23) Practicing under a false or assumed name, except
as provided by law.
(24) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the
course of treatment.
(25) Allowing another person to use his or her license
to practice.
(26) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance for purposes other
than medically accepted therapeutic purposes.
(27) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(28) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(29) Violating State or federal laws, rules, or

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regulations relating to controlled substances or other
legend drugs or ephedra as defined in the Ephedra
Prohibition Act.
(30) Failure to establish and maintain records of
patient care and treatment as required by law.
(31) Attempting to subvert or cheat on the examination
of the North American Registry of Midwives or its
successor agency.
(32) Willfully or negligently violating the
confidentiality between licensed certified professional
midwives and patient, except as required by law.
(33) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(34) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(35) Failure to report to the Department an adverse
final action taken against him or her by another licensing
jurisdiction of the United States or a foreign state or
country, a peer review body, a health care institution, a
professional society or association, a governmental

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agency, a law enforcement agency, or a court.
(36) Failure to provide copies of records of patient
care or treatment, except as required by law.
(37) Failure of a licensee to report to the Department
surrender by the licensee of a license or authorization to
practice in another state or jurisdiction or current
surrender by the licensee of membership professional
association or society while under disciplinary
investigation by any of those authorities or bodies for
acts or conduct similar to acts or conduct that would
constitute grounds for action under this Section.
(38) Failing, within 90 days, to provide a response to
a request for information in response to a written request
made by the Department by certified or registered mail or
by email to the email address of record.
(39) Failure to supervise a midwife assistant or
student midwife, including, but not limited to, allowing a
midwife assistant or student midwife to exceed their
scope.
(40) Failure to adequately inform a patient about
their malpractice liability insurance coverage and the
policy limits of the coverage.
(41) Failure to submit an annual report to the
Department of Public Health.
(42) Failure to disclose active cardiopulmonary
resuscitation certification or neonatal resuscitation

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provider status to clients.
(43) Engaging in one of the prohibited practices
provided for in Section 85 of this 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,
penalty, or interest as required by any tax Act administered
by the Department of Revenue, until the requirements of any
such tax Act are satisfied.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume his or her practice.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, including a substance abuse or sexual
offender evaluation, as required by and at the expense of the
Department.

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

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

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file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(e) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary

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action against a person's authorization to practice under this
Act based solely upon the person authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State, regardless of whether
the patient was a resident of this State or another state.
(f) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice under this
Act based upon the person's license, registration, or permit
being revoked or suspended, or the person being otherwise
disciplined, by any other state if that revocation,
suspension, or other form of discipline was based solely on
the person violating another state's laws prohibiting the
provision of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any health
care service if that health care service as provided would not
have been unlawful under the laws of this State and is
consistent with the applicable standard of conduct for the
person practicing in Illinois under this Act.
(Source: P.A. 102-683, eff. 10-1-22; 103-605, eff. 7-1-24.)
Section 35. The Nurse Practice Act is amended by changing
Sections 65-65 and 70-5 as follows:

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(225 ILCS 65/65-65) (was 225 ILCS 65/15-55)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65-65. Reports relating to APRN professional conduct
and capacity.
(a) Entities Required to Report.
(1) Health Care Institutions. The chief administrator
or executive officer of a health care institution licensed
by the Department of Public Health, which provides the
minimum due process set forth in Section 10.4 of the
Hospital Licensing Act, shall report to the Board when an
advanced practice registered nurse's organized
professional staff clinical privileges are terminated or
are restricted based on a final determination, in
accordance with that institution's bylaws or rules and
regulations, that (i) a person has either committed an act
or acts that may directly threaten patient care and that
are not of an administrative nature or (ii) that a person
may have a mental or physical disability that may endanger
patients under that person's care. The chief administrator
or officer shall also report if an advanced practice
registered nurse accepts voluntary termination or
restriction of clinical privileges in lieu of formal
action based upon conduct related directly to patient care
and not of an administrative nature, or in lieu of formal
action seeking to determine whether a person may have a
mental or physical disability that may endanger patients

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under that person's care. The Department shall provide by
rule for the reporting to it of all instances in which a
person licensed under this Article, who is impaired by
reason of age, drug, or alcohol abuse, or physical or
mental impairment, is under supervision and, where
appropriate, is in a program of rehabilitation. Reports
submitted under this subsection shall be strictly
confidential and may be reviewed and considered only by
the members of the Board or authorized staff as provided
by rule of the Department. Provisions shall be made for
the periodic report of the status of any such reported
person not less than twice annually in order that the
Board shall have current information upon which to
determine the status of that person. Initial and periodic
reports of impaired advanced practice registered nurses
shall not be considered records within the meaning of the
State Records Act and shall be disposed of, following a
determination by the Board that such reports are no longer
required, in a manner and at an appropriate time as the
Board shall determine by rule. The filing of reports
submitted under this subsection shall be construed as the
filing of a report for purposes of subsection (c) of this
Section. Such health care institution shall not take any
adverse action, including, but not limited to, restricting
or terminating any person's clinical privileges, as a
result of an adverse action against a person's license,

SB2450 - 85 - LRB104 12244 BDA 22351 b
registration, permit, or clinical privileges or other
disciplinary action by another state or health care
institution that resulted from the person's provision of,
authorization of, recommendation of, aiding or assistance
with, referral for, or participation in any health care
service if the adverse action was based solely on a
violation of the other state's law prohibiting the
provision of such health care and related services in the
state or for a resident of the state if that health care
service would not have been unlawful under the laws of
this State and is consistent with the applicable standard
standards of conduct for a person advanced practice
registered nurses practicing in Illinois under this Act.
(2) Professional Associations. The President or chief
executive officer of an association or society of persons
licensed under this Article, operating within this State,
shall report to the Board when the association or society
renders a final determination that a person licensed under
this Article has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability that may endanger patients under
the person's care.
(3) Professional Liability Insurers. Every insurance
company that offers policies of professional liability
insurance to persons licensed under this Article, or any
other entity that seeks to indemnify the professional

SB2450 - 86 - LRB104 12244 BDA 22351 b
liability of a person licensed under this Article, shall
report to the Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
that alleged negligence in the furnishing of patient care
by the licensee when the settlement or final judgment is
in favor of the plaintiff. Such insurance company shall
not take any adverse action, including, but not limited
to, denial or revocation of coverage, or rate increases,
against a person licensed under this Act with respect to
coverage for services provided in Illinois if based solely
on the person providing, authorizing, recommending,
aiding, assisting, referring for, or otherwise
participating in health care services this State in
violation of another state's law, or a revocation or other
adverse action against the person's license in another
state for violation of such law if that health care
service as provided would have been lawful and consistent
with the standards of conduct for registered nurses and
advanced practice registered nurses if it occurred in
Illinois. Notwithstanding this provision, it is against
public policy to require coverage for an illegal action.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Board all instances in which a
person licensed under this Article is convicted or
otherwise found guilty of the commission of a felony.
(5) State Agencies. All agencies, boards, commissions,

SB2450 - 87 - LRB104 12244 BDA 22351 b
departments, or other instrumentalities of the government
of this State shall report to the Board any instance
arising in connection with the operations of the agency,
including the administration of any law by the agency, in
which a person licensed under this Article has either
committed an act or acts that may constitute a violation
of this Article, that may constitute unprofessional
conduct related directly to patient care, or that
indicates that a person licensed under this Article may
have a mental or physical disability that may endanger
patients under that person's care.
(b) Mandatory Reporting. All reports required under items
(16) and (17) of subsection (a) of Section 70-5 shall be
submitted to the Board in a timely fashion. The reports shall
be filed in writing within 60 days after a determination that a
report is required under this Article. All reports shall
contain the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name or other means of identification of any
patient or patients whose treatment is a subject of the
report, except that no medical records may be revealed
without the written consent of the patient or patients.
(4) A brief description of the facts that gave rise to

SB2450 - 88 - LRB104 12244 BDA 22351 b
the issuance of the report, including, but not limited to,
the dates of any occurrences deemed to necessitate the
filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, the docket number, and
date of filing of the action.
(6) Any further pertinent information that the
reporting party deems to be an aid in the evaluation of the
report.
Nothing contained in this Section shall be construed to in
any way waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Board, the Board's attorneys, the
investigative staff, and authorized clerical staff and shall
be afforded the same status as is provided information
concerning medical studies in Part 21 of Article VIII of the
Code of Civil Procedure.
(c) Immunity from Prosecution. An individual or
organization acting in good faith, and not in a willful and
wanton manner, in complying with this Section by providing a
report or other information to the Board, by assisting in the
investigation or preparation of a report or information, by
participating in proceedings of the Board, or by serving as a
member of the Board shall not, as a result of such actions, be
subject to criminal prosecution or civil damages.

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(d) Indemnification. Members of the Board, the Board's
attorneys, the investigative staff, advanced practice
registered nurses or physicians retained under contract to
assist and advise in the investigation, and authorized
clerical staff shall be indemnified by the State for any
actions (i) occurring within the scope of services on the
Board, (ii) performed in good faith, and (iii) not willful and
wanton in nature. The Attorney General shall defend all
actions taken against those persons unless he or she
determines either that there would be a conflict of interest
in the representation or that the actions complained of were
not performed in good faith or were willful and wanton in
nature. If the Attorney General declines representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not
performed in good faith or were willful and wanton in nature.
The member shall notify the Attorney General within 7 days of
receipt of notice of the initiation of an action involving
services of the Board. Failure to so notify the Attorney
General shall constitute an absolute waiver of the right to a
defense and indemnification. The Attorney General shall
determine within 7 days after receiving the notice whether he
or she will undertake to represent the member.
(e) Deliberations of Board. Upon the receipt of a report

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called for by this Section, other than those reports of
impaired persons licensed under this Article required pursuant
to the rules of the Board, the Board shall notify in writing by
certified or registered mail or by email to the email address
of record the person who is the subject of the report. The
notification shall be made within 30 days of receipt by the
Board of the report. The notification shall include a written
notice setting forth the person's right to examine the report.
Included in the notification shall be the address at which the
file is maintained, the name of the custodian of the reports,
and the telephone number at which the custodian may be
reached. The person who is the subject of the report shall
submit a written statement responding to, clarifying, adding
to, or proposing to amend the report previously filed. The
statement shall become a permanent part of the file and shall
be received by the Board no more than 30 days after the date on
which the person was notified of the existence of the original
report. The Board shall review all reports received by it and
any supporting information and responding statements submitted
by persons who are the subject of reports. The review by the
Board shall be in a timely manner but in no event shall the
Board's initial review of the material contained in each
disciplinary file be less than 61 days nor more than 180 days
after the receipt of the initial report by the Board. When the
Board makes its initial review of the materials contained
within its disciplinary files, the Board shall, in writing,

SB2450 - 91 - LRB104 12244 BDA 22351 b
make a determination as to whether there are sufficient facts
to warrant further investigation or action. Failure to make
that determination within the time provided shall be deemed to
be a determination that there are not sufficient facts to
warrant further investigation or action. Should the Board find
that there are not sufficient facts to warrant further
investigation or action, the report shall be accepted for
filing and the matter shall be deemed closed and so reported.
The individual or entity filing the original report or
complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Board of any
final action on their report or complaint.
(f) (Blank).
(g) Any violation of this Section shall constitute a Class
A misdemeanor.
(h) If a person violates the provisions of this Section,
an action may be brought in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois, for an order enjoining the violation or for an order
enforcing compliance with this Section. Upon filing of a
petition in court, the court may issue a temporary restraining
order without notice or bond and may preliminarily or
permanently enjoin the violation, and if it is established
that the person has violated or is violating the injunction,
the court may punish the offender for contempt of court.
Proceedings under this subsection shall be in addition to, and

SB2450 - 92 - LRB104 12244 BDA 22351 b
not in lieu of, all other remedies and penalties provided for
by this Section.
(i) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70-5. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 per
violation, with regard to a license for any one or combination
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,

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finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession.
(4) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules.
(6) Failing, within 90 days, to provide a response to
a request for information in response to a written request
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

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with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section.
(11) A finding that the licensee, after having her or
his license placed on probationary status or subject to
conditions or restrictions, has violated the terms of
probation or failed to comply with such terms or
conditions.
(12) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
and under the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
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.

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(15) Holding oneself out to be practicing nursing
under any name other than one's own.
(16) Failure of a licensee to report to the Department
any adverse final action taken against him or her by
another licensing jurisdiction of the United States or any
foreign state or country, any peer review body, any health
care institution, any professional or nursing society or
association, any governmental agency, any law enforcement
agency, or any court or a nursing liability claim related
to acts or conduct similar to acts or conduct that would
constitute grounds for action as defined in this Section.
(17) Failure of a licensee to report to the Department
surrender by the licensee of a license or authorization to
practice nursing or advanced practice registered nursing
in another state or jurisdiction or current surrender by
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.

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(20) Fraud, deceit, or misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act.
(21) Allowing another person or organization to use
the licensee's license to deceive the public.
(22) Willfully making or filing false records or
reports in the licensee's practice, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(23) Attempting to subvert or cheat on a licensing
examination administered under this Act.
(24) Immoral conduct in the commission of an act,
including, but not limited to, sexual abuse, sexual
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

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from a person, firm, corporation, partnership, or
association a fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered. Nothing in this paragraph (28)
affects any bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (28) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.
(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

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a licensee's skill or the efficacy or value of the
medicine, treatment, or remedy prescribed by him or her in
the course of treatment.
(33) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(34) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(35) Violating State or federal laws, rules, or
regulations relating to controlled substances.
(36) Willfully or negligently violating the
confidentiality between an advanced practice registered
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

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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.
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
registered nurse or an advanced practice registered nurse
based solely upon the person registered nurse or advanced
practice registered nurse providing, authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
registered nurse or an advanced practice registered nurse
based upon the person's registered nurse's or advanced
practice registered nurse's license, registration, or permit

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being revoked or suspended, or the person registered nurse or
advanced practice registered nurse being otherwise
disciplined, by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the person registered nurse or advanced practice registered
nurse violating another state's laws prohibiting the provision
of, authorization of, recommendation of, aiding or assisting
in, referring for, or participation in any health care service
if that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the applicable standard standards of conduct for the person
registered nurse or advanced practice registered nurse
practicing in Illinois under this Act.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not trigger reporting requirements under Section
65-65 or constitute grounds for suspension under Section
70-60.
(b-20) An applicant seeking licensure, certification, or
authorization under this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this

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State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
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

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

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lieu of evaluation or treatment, the Department may file, or
the Board may recommend to the Department to file, a complaint
to immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined, or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this subsection (e), a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this subsection (e) shall be afforded an opportunity to
demonstrate to the Department that he or she can resume
practice in compliance with nursing standards under the
provisions of his or her license.
(f) The Department may adopt rules to implement,

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administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
102-1117, eff. 1-13-23.)
Section 40. The Pharmacy Practice Act is amended by
changing Sections 30 and 30.1 as follows:
(225 ILCS 85/30) (from Ch. 111, par. 4150)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30. Refusal, revocation, suspension, or other
discipline.
(a) The Department may refuse to issue or renew, or may
revoke a license, or may suspend, place on probation, fine, or
take any disciplinary or non-disciplinary action as the
Department may deem proper, including fines not to exceed
$10,000 for each violation, with regard to any licensee for
any one or combination of the following causes:
1. Material misstatement in furnishing information to
the Department.
2. Violations of this Act, or the rules promulgated
hereunder.
3. Making any misrepresentation for the purpose of
obtaining licenses.
4. A pattern of conduct which demonstrates
incompetence or unfitness to practice.

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5. Aiding or assisting another person in violating any
provision of this Act or rules.
6. Failing, within 60 days, to respond to a written
request made by the Department for information.
7. Engaging in unprofessional, dishonorable, or
unethical conduct of a character likely to deceive,
defraud, or harm the public as defined by rule.
8. Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a pharmacy, pharmacist, registered certified
pharmacy technician, or registered pharmacy technician
that is the same or substantially equivalent to those set
forth in this Section, a certified copy of the record of
the action taken by the other state or jurisdiction being
prima facie evidence thereof.
9. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this item 9 affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services

SB2450 - 106 - LRB104 12244 BDA 22351 b
within the scope of the licensee's practice under this
Act. Nothing in this item 9 shall be construed to require
an employment arrangement to receive professional fees for
services rendered.
10. A finding by the Department that the licensee,
after having his license placed on probationary status,
has violated the terms of probation.
11. Selling or engaging in the sale of drug samples
provided at no cost by drug manufacturers.
12. Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgment, skill or safety.
13. A finding that licensure or registration has been
applied for or obtained by fraudulent means.
14. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
pharmacy or involves controlled substances.
15. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug

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which results in the inability to practice with reasonable
judgment, skill, or safety.
16. Willfully making or filing false records or
reports in the practice of pharmacy, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Public Aid Code.
17. Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including,
but not limited to, filing false statements for collection
of monies for services not rendered from the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Public Aid Code.
18. Dispensing prescription drugs without receiving a
written or oral prescription in violation of law.
19. Upon a finding of a substantial discrepancy in a
Department audit of a prescription drug, including
controlled substances, as that term is defined in this Act
or in the Illinois Controlled Substances Act.
20. Physical or mental illness or any other impairment
or disability, including, without limitation: (A)
deterioration through the aging process or loss of motor
skills that results in the inability to practice with

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reasonable judgment, skill, or safety; or (B) mental
incompetence, as declared by a court of competent
jurisdiction.
21. Violation of the Health Care Worker Self-Referral
Act.
22. Failing to sell or dispense any drug, medicine, or
poison in good faith. "Good faith", for the purposes of
this Section, has the meaning ascribed to it in subsection
(u) of Section 102 of the Illinois Controlled Substances
Act. "Good faith", as used in this item (22), shall not be
limited to the sale or dispensing of controlled
substances, but shall apply to all prescription drugs.
23. Interfering with the professional judgment of a
pharmacist by any licensee under this Act, or the
licensee's agents or employees.
24. Failing to report within 60 days to the Department
any adverse final action taken against a pharmacy,
pharmacist, registered pharmacy technician, or registered
certified pharmacy technician by another licensing
jurisdiction in any other state or any territory of the
United States or any foreign jurisdiction, any
governmental agency, any law enforcement agency, or any
court for acts or conduct similar to acts or conduct that
would constitute grounds for discipline as defined in this
Section.
25. Failing to comply with a subpoena issued in

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accordance with Section 35.5 of this Act.
26. Disclosing protected health information in
violation of any State or federal law.
27. Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
28. Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
29. Using advertisements or making solicitations that
may jeopardize the health, safety, or welfare of patients,
including, but not limited to, the use of advertisements
or solicitations that:
(A) are false, fraudulent, deceptive, or
misleading; or
(B) include any claim regarding a professional
service or product or the cost or price thereof that
cannot be substantiated by the licensee.
30. Requiring a pharmacist to participate in the use
or distribution of advertisements or in making
solicitations that may jeopardize the health, safety, or
welfare of patients.

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31. Failing to provide a working environment for all
pharmacy personnel that protects the health, safety, and
welfare of a patient, which includes, but is not limited
to, failing to:
(A) employ sufficient personnel to prevent
fatigue, distraction, or other conditions that
interfere with a pharmacist's ability to practice with
competency and safety or creates an environment that
jeopardizes patient care;
(B) provide appropriate opportunities for
uninterrupted rest periods and meal breaks;
(C) provide adequate time for a pharmacist to
complete professional duties and responsibilities,
including, but not limited to:
(i) drug utilization review;
(ii) immunization;
(iii) counseling;
(iv) verification of the accuracy of a
prescription; and
(v) all other duties and responsibilities of a
pharmacist as listed in the rules of the
Department.
32. Introducing or enforcing external factors, such as
productivity or production quotas or other programs
against pharmacists, student pharmacists or pharmacy
technicians, to the extent that they interfere with the

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ability of those individuals to provide appropriate
professional services to the public.
33. Providing an incentive for or inducing the
transfer of a prescription for a patient absent a
professional rationale.
(b) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of tax, penalty, or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(c) The Department shall revoke any license issued under
the provisions of this Act or any prior Act of this State of
any person who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act, or
who has been convicted a second time of committing a Class 1
felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
Code. A person whose license issued under the provisions of
this Act or any prior Act of this State is revoked under this
subsection (c) shall be prohibited from engaging in the
practice of pharmacy in this State.
(c-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the

SB2450 - 112 - LRB104 12244 BDA 22351 b
license or permit issued under this Act to practice as a
pharmacist, registered pharmacy technician, or registered
certified pharmacy technician based solely upon the person
pharmacist, registered pharmacy technician, or registered
certified pharmacy technician providing, authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(c-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
pharmacist, registered pharmacy technician, or registered
certified pharmacy technician based upon the person's
pharmacist's, registered pharmacy technician's, or registered
certified pharmacy technician's license, registration, or
permit being revoked or suspended, or the person pharmacist
being otherwise disciplined, by any other state, if that
revocation, suspension, or other form of discipline was based
solely on the person pharmacist, registered pharmacy
technician, or registered certified pharmacy technician
violating another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,

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referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the applicable standard standards of conduct for a person
pharmacist, registered pharmacy technician, or registered
certified pharmacy technician practicing in Illinois under
this Act.
(c-15) The conduct specified in subsections (c-5) and
(c-10) shall not constitute grounds for suspension under
Section 35.16.
(c-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(d) Fines may be imposed in conjunction with other forms
of disciplinary action, but shall not be the exclusive

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disposition of any disciplinary action arising out of conduct
resulting in death or injury to a patient. Fines shall be paid
within 60 days or as otherwise agreed to by the Department. Any
funds collected from such fines shall be deposited in the
Illinois State Pharmacy Disciplinary Fund.
(e) The entry of an order or judgment by any circuit court
establishing that any person holding a license or certificate
under this Act is a person in need of mental treatment operates
as a suspension of that license. A licensee may resume his or
her practice only upon the entry of an order of the Department
based upon a finding by the Board that he or she has been
determined to be recovered from mental illness by the court
and upon the Board's recommendation that the licensee be
permitted to resume his or her practice.
(f) The Department shall issue quarterly to the Board a
status of all complaints related to the profession received by
the Department.
(g) In enforcing this Section, the Board or the
Department, upon a showing of a possible violation, may compel
any licensee or applicant for licensure under this Act to
submit to a mental or physical examination or both, as
required by and at the expense of the Department. The
examining physician, or multidisciplinary team involved in
providing physical and mental examinations led by a physician
consisting of one or a combination of licensed physicians,
licensed clinical psychologists, licensed clinical social

SB2450 - 115 - LRB104 12244 BDA 22351 b
workers, licensed clinical professional counselors, and other
professional and administrative staff, shall be those
specifically designated by the Department. The Board or the
Department may order the examining physician or any member of
the multidisciplinary team to present testimony concerning
this mental or physical examination of the licensee or
applicant. No information, report, or other documents in any
way related to the examination shall be excluded by reason of
any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary
team. The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of the examination. Failure of any individual to
submit to a mental or physical examination when directed shall
result in the automatic suspension of his or her license until
such time as the individual submits to the examination. If the
Board or Department finds a pharmacist, registered certified
pharmacy technician, or registered pharmacy technician unable
to practice because of the reasons set forth in this Section,
the Board or Department shall require such pharmacist,
registered certified pharmacy technician, or registered
pharmacy technician to submit to care, counseling, or
treatment by physicians or other appropriate health care
providers approved or designated by the Department as a
condition for continued, restored, or renewed licensure to

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practice. Any pharmacist, registered certified pharmacy
technician, or registered pharmacy technician whose license
was granted, continued, restored, renewed, disciplined, or
supervised, subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions or to complete a required program
of care, counseling, or treatment, as determined by the chief
pharmacy coordinator, shall be referred to the Secretary for a
determination as to whether the licensee shall have his or her
license suspended immediately, pending a hearing by the Board.
In instances in which the Secretary immediately suspends a
license under this subsection (g), a hearing upon such
person's license must be convened by the Board within 15 days
after such suspension and completed without appreciable delay.
The Department and Board shall have the authority to review
the subject pharmacist's, registered certified pharmacy
technician's, or registered pharmacy technician's record of
treatment and counseling regarding the impairment.
(h) An individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board shall not, as a
result of such actions, be subject to criminal prosecution or
civil damages. Any person who reports a violation of this

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Section to the Department is protected under subsection (b) of
Section 15 of the Whistleblower Act.
(i) Members of the Board shall have no liability in any
action based upon any disciplinary proceedings or other
activity performed in good faith as a member of the Board. The
Attorney General shall defend all such actions unless he or
she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were willful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Board. Failure to so notify the Attorney
General shall constitute an absolute waiver of the right to a
defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(j) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.

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(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;
102-1117, eff. 1-13-23.)
(225 ILCS 85/30.1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30.1. Reporting.
(a) When a pharmacist, registered certified pharmacy
technician, or a registered pharmacy technician licensed by
the Department is terminated for actions which may have
threatened patient safety, the pharmacy or
pharmacist-in-charge, pursuant to the policies and procedures
of the pharmacy at which he or she is employed, shall report
the termination to the chief pharmacy coordinator. Such
reports shall be strictly confidential and may be reviewed and
considered only by the members of the Board or by authorized
Department staff. Such reports, and any records associated
with such reports, are exempt from public disclosure and the
Freedom of Information Act. Although the reports are exempt
from disclosure, any formal complaint filed against a licensee
or registrant by the Department or any order issued by the
Department against a licensee, registrant, or applicant shall
be a public record, except as otherwise prohibited by law. A
pharmacy shall not take any adverse action, including, but not
limited to, disciplining or terminating a person authorized to
practice under this Act pharmacist, registered certified
pharmacy technician, or registered pharmacy technician, as a

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result of an adverse action against the person's license,
registration, permit, or clinical privileges or other
disciplinary action by another state or health care
institution that resulted from the person's pharmacist's,
registered certified pharmacy technician's, or registered
pharmacy technician's provision of, authorization of,
recommendation of, aiding or assistance with, referral for, or
participation in any health care service, if the adverse
action was based solely on a violation of the other state's law
prohibiting the provision such health care and related
services in the state or for a resident of the state if that
health care service would not have been unlawful under the
laws of this State and is consistent with the applicable
standard of conduct for the person practicing in Illinois
under this Act.
(b) The report shall be submitted to the chief pharmacy
coordinator in a timely fashion. Unless otherwise provided in
this Section, the reports shall be filed in writing, on forms
provided by the Department, within 60 days after a pharmacy's
determination that a report is required under this Act. All
reports shall contain only the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, license number, and last known address
and telephone number of the person who is the subject of
the report.

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(3) A brief description of the facts which gave rise
to the issuance of the report, including dates of
occurrence.
(c) The contents of any report and any records associated
with such report shall be strictly confidential and may only
be reviewed by:
(1) members of the Board of Pharmacy;
(2) the Board of Pharmacy's designated attorney;
(3) administrative personnel assigned to open mail
containing reports, to process and distribute reports to
authorized persons, and to communicate with senders of
reports;
(4) Department investigators and Department
prosecutors; or
(5) attorneys from the Office of the Illinois Attorney
General representing the Department in litigation in
response to specific disciplinary action the Department
has taken or initiated against a specific individual
pursuant to this Section.
(d) Whenever a pharmacy or pharmacist-in-charge makes a
report and provides any records associated with that report to
the Department, acts in good faith, and not in a willful and
wanton manner, the person or entity making the report and the
pharmacy or health care institution employing him or her shall
not, as a result of such actions, be subject to criminal
prosecution or civil damages.

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(e) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 45. The Physician Assistant Practice Act of 1987
is amended by changing Section 21 as follows:
(225 ILCS 95/21) (from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2028)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
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,

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or first offender probation, under the laws of any
jurisdiction of the United States that is: (i) a felony;
or (ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a physician assistant's inability to
practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
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

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

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under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) (Blank).
(19) Gross negligence resulting in permanent injury or
death of a patient.
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician
assistant.
(21) Exceeding the authority delegated to him or her
by his or her collaborating physician in a written
collaborative agreement.
(22) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual
exploitation related to the licensee's practice.
(23) Violation of the Health Care Worker Self-Referral
Act.
(24) Practicing under a false or assumed name, except
as provided by law.
(25) Making a false or misleading statement regarding
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

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

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

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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,
penalty, or interest as required by any tax Act administered
by the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
physician assistant based solely upon the person physician
assistant providing, authorizing, recommending, aiding,
assisting, referring for, or otherwise participating in any
health care service, so long as the care was not unlawful under
the laws of this State, regardless of whether the patient was a
resident of this State or another state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a

SB2450 - 128 - LRB104 12244 BDA 22351 b
physician assistant based upon the person's physician
assistant's license, registration, or permit being revoked or
suspended, or the person physician assistant being otherwise
disciplined, by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the person physician assistant violating another state's laws
prohibiting the provision of, authorization of, recommendation
of, aiding or assisting in, referring for, or participation in
any health care service if that health care service as
provided would not have been unlawful under the laws of this
State and is consistent with the applicable standard standards
of conduct for a person physician assistant practicing in
Illinois under this Act.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not constitute grounds for suspension under
Section 22.13.
(b-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as

SB2450 - 129 - LRB104 12244 BDA 22351 b
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume his or her practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one

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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
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

SB2450 - 131 - LRB104 12244 BDA 22351 b
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,
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

SB2450 - 132 - LRB104 12244 BDA 22351 b
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
subject to criminal prosecution or civil damages as a result
of such actions.
(f) Members of the Board shall be indemnified by the State

SB2450 - 133 - LRB104 12244 BDA 22351 b
for any actions occurring within the scope of services on the
Board, done in good faith and not willful and wanton in nature.
The Attorney General shall defend all such actions unless he
or she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
If the Attorney General declines representation, the
member has the right to employ counsel of his or her choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
The member must notify the Attorney General within 7 days
after receipt of notice of the initiation of any action
involving services of the Board. Failure to so notify the
Attorney General constitutes an absolute waiver of the right
to a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(g) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
102-1117, eff. 1-13-23.)

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Section 50. The Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act is amended
by changing Section 80 as follows:
(225 ILCS 107/80)
(Section scheduled to be repealed on January 1, 2028)
Sec. 80. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act or rules adopted under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession.

SB2450 - 135 - LRB104 12244 BDA 22351 b
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(5) Professional incompetence or gross negligence in
the rendering of professional counseling or clinical
professional counseling services.
(6) Malpractice.
(7) Aiding or assisting another person in violating
any provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Habitual or excessive use or abuse of drugs as
defined in law as controlled substances, alcohol, or any
other substance which results in inability to practice
with reasonable skill, judgment, or safety.
(11) Discipline by another jurisdiction, the District
of Columbia, territory, county, or governmental agency, if
at least one of the grounds for the discipline is the same
or substantially equivalent to those set forth in this
Section.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or

SB2450 - 136 - LRB104 12244 BDA 22351 b
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered. Nothing in this paragraph (12) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding by the Board that the licensee, after
having the license placed on probationary status, has
violated the terms of probation.
(14) Abandonment of a client.
(15) Willfully filing false reports relating to a
licensee's practice, including, but not limited to, false
records filed with federal or State agencies or
departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act and in matters
pertaining to suspected abuse, neglect, financial
exploitation, or self-neglect of adults with disabilities

SB2450 - 137 - LRB104 12244 BDA 22351 b
and older adults as set forth in the Adult Protective
Services Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical or mental illness or disability,
including, but not limited to, deterioration through the
aging process or loss of abilities and skills which
results in the inability to practice the profession with
reasonable judgment, skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(21) A finding that licensure has been applied for or
obtained by fraudulent means.
(22) Practicing under a false or, except as provided
by law, an assumed name.
(23) Gross and willful overcharging for professional
services including filing statements for collection of
fees or moneys for which services are not rendered.
(24) Rendering professional counseling or clinical

SB2450 - 138 - LRB104 12244 BDA 22351 b
professional counseling services without a license or
practicing outside the scope of a license.
(25) Clinical supervisors failing to adequately and
responsibly monitor supervisees.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) (Blank).
(b-5) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(b-10) In cases where the Department of Healthcare and
Family Services has previously determined a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person

SB2450 - 139 - LRB104 12244 BDA 22351 b
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(c) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of his or her
license. The suspension will end upon a finding by a court that
the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the recommendation of the Board
to the Secretary that the licensee be allowed to resume
professional practice.
(c-1) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
professional counselor or clinical professional counselor
based solely upon the person professional counselor or
clinical professional counselor authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State, regardless of whether

SB2450 - 140 - LRB104 12244 BDA 22351 b
the patient was a resident of this State or another state.
(c-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
professional counselor or clinical professional counselor
based upon the person's professional counselor's or clinical
professional counselor's license, registration, or permit
being revoked or suspended, or the person professional
counselor or clinical professional counselor being otherwise
disciplined, by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the person professional counselor or clinical professional
counselor violating another state's laws prohibiting the
provision of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any health
care service if that health care service as provided would not
have been unlawful under the laws of this State and is
consistent with the applicable standard standards of conduct
for a person professional counselor or clinical professional
counselor practicing in Illinois under this Act.
(c-3) The conduct specified in subsection (c-1), (c-2),
(c-6), or (c-7) shall not constitute grounds for suspension
under Section 145.
(c-4) An applicant seeking licensure, certification, or

SB2450 - 141 - LRB104 12244 BDA 22351 b
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(c-5) In enforcing this Act, the Department, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department may order the examining physician
to present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of

SB2450 - 142 - LRB104 12244 BDA 22351 b
this examination. The examination shall be performed by a
physician licensed to practice medicine in all its branches.
Failure of an individual to submit to a mental or physical
examination, when directed, shall result in an automatic
suspension without hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension.
If the Department finds an individual unable to practice
or unfit for duty because of the reasons set forth in this
subsection (c-5), the Department may require that individual
to submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the Department may file, or
the Board may recommend to the Department to file, a complaint
to immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined, or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a

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determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited
to, deterioration through the aging process or loss of motor
skill, is unable to practice the profession with reasonable
judgment, skill, or safety, may be required by the Department
to submit to care, counseling, or treatment by physicians
approved or designated by the Department as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable

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delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(c-6) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
professional counselor or clinical professional counselor
based solely upon an immigration violation by the person
counselor.
(c-7) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
professional counselor or clinical professional counselor
based upon the person's professional counselor's or clinical
professional counselor's license, registration, or permit

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being revoked or suspended, or the person professional
counselor or clinical professional counselor being otherwise
disciplined, by any other state, if that revocation,
suspension, or other form of discipline was based solely upon
an immigration violation by the person counselor.
(d) (Blank).
(e) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23;
103-715, eff. 1-1-25.)
Section 55. The Wholesale Drug Distribution Licensing Act
is amended by changing Section 55 as follows:
(225 ILCS 120/55) (from Ch. 111, par. 8301-55)
(Section scheduled to be repealed on January 1, 2028)
Sec. 55. Discipline; grounds.
(a) The Department may refuse to issue, restore, or renew,
or may revoke, suspend, place on probation, reprimand or take
other disciplinary or non-disciplinary action as the
Department may deem appropriate, including imposing fines not
to exceed $10,000 for each violation, with regard to any
applicant or licensee or any officer, director, manager, or
shareholder who owns 5% or more interest in the business that
holds the license for any one or a combination of the following

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reasons:
(1) Violation of this Act or of the rules adopted
under this Act.
(2) Aiding or assisting another person in violating
any provision of this Act or the rules adopted under this
Act.
(3) Failing, within 60 days, to provide information in
response to a written requirement made by the Department.
(4) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public. This includes violations of
"good faith" as defined by the Illinois Controlled
Substances Act and applies to all prescription drugs.
(5) Discipline by another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Act.
(6) Selling or engaging in the sale of drug samples
provided at no cost by drug manufacturers.
(7) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element

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of which is dishonesty or that is directly related to the
practice of this profession.
(8) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
by the designated representative, as provided for in item
(7) of subsection (b) of Section 25 of this Act, any
officer, or director that results in the inability to
function with reasonable judgment, skill, or safety.
(9) Material misstatement in furnishing information to
the Department.
(10) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(11) 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.
(12) Willfully making or filing false records or
reports.
(13) A finding of a substantial discrepancy in a
Department audit of a prescription drug, including a
controlled substance as that term is defined in this Act
or in the Illinois Controlled Substances Act.
(14) Falsifying a pedigree or selling, distributing,
transferring, manufacturing, repackaging, handling, or
holding a counterfeit prescription drug intended for human
use.

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(15) Interfering with a Department investigation.
(16) Failing to adequately secure controlled
substances or other prescription drugs from diversion.
(17) Acquiring or distributing prescription drugs not
obtained from a source licensed by the Department.
(18) Failing to properly store drugs.
(19) Failing to maintain the licensed premises with
proper storage and security controls.
(b) The Department may refuse to issue or may suspend the
license or registration 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 the time the
requirements of the tax Act are satisfied.
(c) The Department shall revoke the license or certificate
of registration issued under this Act or any prior Act of this
State of any person who has been convicted a second time of
committing any felony under the Illinois Controlled Substances
Act or 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 certificate of
registration issued under this Act or any prior Act of this
State is revoked under this subsection (c) shall be prohibited
from engaging in the practice of pharmacy in this State.

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(d) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice under this
Act based solely upon the person authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State, regardless of whether
the patient was a resident of this State or another state.
(e) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice under this
Act based upon the person's license, registration, or permit
being revoked or suspended, or the person being otherwise
disciplined, by any other state if that revocation,
suspension, or other form of discipline was based solely on
the person violating another state's laws prohibiting the
provision of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any health
care service if that health care service as provided would not
have been unlawful under the laws of this State and is
consistent with any applicable standard of conduct for the
person practicing in Illinois under this Act.
(Source: P.A. 97-804, eff. 1-1-13; 97-813, eff. 7-13-12;
98-463, eff. 8-16-13.)

SB2450 - 150 - LRB104 12244 BDA 22351 b
Section 60. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Section 75 as follows:
(225 ILCS 130/75)
(Section scheduled to be repealed on January 1, 2029)
Sec. 75. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore
a registration, may revoke or suspend a registration, or may
place on probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to a person registered
under this Act, including, but not limited to, the imposition
of fines not to exceed $10,000 for each violation and the
assessment of costs as provided for in Section 90, for any one
or combination of the following causes:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violating a provision of this Act or rules adopted
under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is

SB2450 - 151 - LRB104 12244 BDA 22351 b
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for,
renewing, restoring, reinstating, or procuring a
registration under this Act.
(5) Aiding or assisting another person in violating a
provision of this Act or its rules.
(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule of the
Department.
(8) Discipline by another United States jurisdiction,
governmental agency, unit of government, or foreign
nation, if at least one of the grounds for discipline is
the same or substantially equivalent to those set forth in
this Section.
(9) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (9) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care

SB2450 - 152 - LRB104 12244 BDA 22351 b
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the registrant's practice under this
Act. Nothing in this paragraph (9) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(10) A finding by the Department that the registrant,
after having the registration placed on probationary
status, has violated the terms of probation.
(11) Willfully making or filing false records or
reports in the practice, including, but not limited to,
false records or reports filed with State agencies.
(12) Willfully making or signing a false statement,
certificate, or affidavit to induce payment.
(13) Willfully failing to report an instance of
suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(14) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
registrant has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.

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(15) (Blank).
(16) Failure to report to the Department (A) any
adverse final action taken against the registrant by
another registering or licensing jurisdiction, government
agency, law enforcement agency, or any court or (B)
liability for conduct that would constitute grounds for
action as set forth in this Section.
(17) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety.
(18) Physical or mental illness, including, but not
limited to, deterioration through the aging process or
loss of motor skills, which results in the inability to
practice the profession for which the person is registered
with reasonable judgment, skill, or safety.
(19) Gross malpractice.
(20) Immoral conduct in the commission of an act
related to the registrant's practice, including, but not
limited to, sexual abuse, sexual misconduct, or sexual
exploitation.
(21) Violation of the Health Care Worker Self-Referral
Act.
(b) The Department may refuse to issue or may suspend
without hearing the registration of a person who fails to file
a return, to pay the tax, penalty, or interest shown in a filed

SB2450 - 154 - LRB104 12244 BDA 22351 b
return, or to pay a final assessment of the tax, penalty, or
interest as required by a tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
(b-1) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license issued under this Act to practice as a registered
surgical assistant or registered surgical technologist based
solely upon the person registered surgical assistant or
registered surgical technologist providing, authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(b-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license issued under this Act to practice as a registered
surgical assistant or registered surgical technologist based
upon the person's registered surgical assistant's or

SB2450 - 155 - LRB104 12244 BDA 22351 b
registered surgical technologist's license, registration, or
permit being revoked or suspended, or the person registered
surgical assistant's or registered surgical technologist's
being otherwise disciplined, by any other state, if that
revocation, suspension, or other form of discipline was based
solely on the person registered surgical assistant or
registered surgical technologist violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the applicable
standard standards of conduct for the person registered
surgical assistant or registered surgical technologist
practicing in this State under this Act.
(b-3) The conduct specified in subsection (b-1) or (b-2)
shall not constitute grounds for suspension under Section 145.
(b-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this

SB2450 - 156 - LRB104 12244 BDA 22351 b
State. Nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(c) The determination by a circuit court that a registrant
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
(2) issuance of an order so finding and discharging the
patient, and (3) filing of a petition for restoration
demonstrating fitness to practice.
(d) (Blank).
(e) In cases where the Department of Healthcare and Family
Services has previously determined a registrant or a potential
registrant is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's registration or may
take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil

SB2450 - 157 - LRB104 12244 BDA 22351 b
Administrative Code of Illinois.
(f) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual
registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination
and evaluation, or both, that may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation,
or both. The multidisciplinary team shall be led by a
physician licensed to practice medicine in all of its branches
and may consist of one or more or a combination of physicians
licensed to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
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.

SB2450 - 158 - LRB104 12244 BDA 22351 b
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the registrant or applicant and the examining
physician or any member of the multidisciplinary team. No
authorization is necessary from the registrant or applicant
ordered to undergo an evaluation and examination for the
examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation. The individual to be examined may
have, at the individual's own expense, another physician of
the individual's choice present during all aspects of the
examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall

SB2450 - 159 - LRB104 12244 BDA 22351 b
result in an automatic suspension without a hearing until such
time as the individual submits to the examination. If the
Department finds a registrant unable to practice because of
the reasons set forth in this Section, the Department shall
require such registrant to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed registration.
When the Secretary immediately suspends a registration
under this Section, a hearing upon such person's registration
must be convened by the Department within 15 days after such
suspension and completed without appreciable delay. The
Department shall have the authority to review the registrant's
record of treatment and counseling regarding the impairment to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
Individuals registered under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their registration.
(g) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.

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(h) (f) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by
Public Act 102-1117.
(Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;
103-605, eff. 7-1-24; revised 10-16-24.)
Section 65. The Genetic Counselor Licensing Act is amended
by changing Section 95 as follows:
(225 ILCS 135/95)
(Section scheduled to be repealed on January 1, 2030)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act, or any of its rules.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,

SB2450 - 161 - LRB104 12244 BDA 22351 b
or first offender probation, under the laws of any
jurisdiction of the United States: (i) that is a felony or
(ii) that is a misdemeanor, an essential element of which
is dishonesty, or that is directly related to the practice
of genetic counseling.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this
Act or its rules.
(5) Negligence in the rendering of genetic counseling
services.
(6) Failure to provide genetic testing results and any
requested information to a referring physician licensed to
practice medicine in all its branches, advanced practice
registered nurse, or physician assistant.
(7) Aiding or assisting another person in violating
any provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Failing to maintain the confidentiality of any
information received from a client, unless otherwise
authorized or required by law.
(10.5) Failure to maintain client records of services

SB2450 - 162 - LRB104 12244 BDA 22351 b
provided and provide copies to clients upon request.
(11) Exploiting a client for personal advantage,
profit, or interest.
(12) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in inability to practice with
reasonable skill, judgment, or safety.
(13) Discipline by another governmental agency or unit
of government, by any jurisdiction of the United States,
or by a foreign nation, if at least one of the grounds for
the discipline is the same or substantially equivalent to
those set forth in this Section.
(14) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered. Nothing in this paragraph (14) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (14) shall be construed to
require an employment arrangement to receive professional

SB2450 - 163 - LRB104 12244 BDA 22351 b
fees for services rendered.
(15) A finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation.
(16) Failing to refer a client to other health care
professionals when the licensee is unable or unwilling to
adequately support or serve the client.
(17) Willfully filing false reports relating to a
licensee's practice, including, but not limited to, false
records filed with federal or State agencies or
departments.
(18) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(19) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(20) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills which results in the inability to
practice the profession with reasonable judgment, skill,
or safety.

SB2450 - 164 - LRB104 12244 BDA 22351 b
(21) Solicitation of professional services by using
false or misleading advertising.
(22) Failure to file a return, or to pay the tax,
penalty, or of interest shown in a filed return, or to pay
any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue or any successor agency or the
Internal Revenue Service or any successor agency.
(23) Fraud or making any misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act.
(24) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(25) Gross overcharging for professional services,
including filing statements for collection of fees or
moneys for which services are not rendered.
(26) (Blank).
(27) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(28) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(b) (Blank).
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or

SB2450 - 165 - LRB104 12244 BDA 22351 b
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
genetic counselor based solely upon the person genetic
counselor authorizing, recommending, aiding, assisting,
referring for, or otherwise participating in any health care
service, so long as the care was not unlawful under the laws of
this State, regardless of whether the patient was a resident
of this State or another state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice the
license or permit issued under this Act to practice as a
genetic counselor based upon the person's genetic counselor's
license, registration, or permit being revoked or suspended,
or the person genetic counselor being otherwise disciplined,
by any other state, if that revocation, suspension, or other
form of discipline was based solely on the person genetic
counselor violating another state's laws prohibiting the
provision of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any health
care service if that health care service as provided would not
have been unlawful under the laws of this State and is
consistent with the applicable standard standards of conduct
for the person practicing genetic counselor if it occurred in

SB2450 - 166 - LRB104 12244 BDA 22351 b
Illinois under this Act.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not constitute grounds for suspension under
Section 160.
(b-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(c) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of the license.
The suspension will end upon a finding by a court that the
licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the determination of the
Secretary that the licensee be allowed to resume professional

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practice.
(d) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any Act regarding the
payment of taxes administered by the Illinois Department of
Revenue until the requirements of the Act are satisfied in
accordance with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(e) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(f) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.

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(g) The Department may adopt rules to implement,
administer, and enforce this Section the changes made by this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-1117, eff. 1-13-23; 103-763, eff. 1-1-25.)
Section 70. The Illinois Food, Drug and Cosmetic Act is
amended by changing Sections 7, 14, and 15 as follows:
(410 ILCS 620/7) (from Ch. 56 1/2, par. 507)
Sec. 7. Only upon a report of a violation of this Act from
the It shall be the duty of each state's attorney to whom the
Director, a State's Attorney shall reports any violation of
this Act, to cause appropriate proceedings to be instituted in
the proper courts without delay and to be prosecuted in the
manner required by law. Before the Director reports any
violation of this Act is reported to any such state's attorney
for the institution of a criminal proceeding, the person
against whom such proceeding is contemplated shall be given
appropriate notice and an opportunity to present his views
before the Director or his designated agent, either orally or
in writing, in person or by attorney, with regard to such
contemplated proceeding.
(Source: Laws 1967, p. 959.)
(410 ILCS 620/14) (from Ch. 56 1/2, par. 514)
Sec. 14. A drug or device is adulterated: (a) (1) If it

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consists in whole or in part of any filthy, putrid or
decomposed substance; or (2) (A) if it has been produced,
prepared, packed or held under unsanitary conditions whereby
it may have been contaminated with filth or whereby it may have
been rendered injurious to health; or (B) if it is a drug and
the methods used in, or the facilities or controls used for,
its manufacture, processing, packing or holding do not conform
to or are not operated or administered in conformity with
current good manufacturing practice to assure that such drug
meets the requirements of the Act as to safety and has the
identity and strength and meets the quality and purity
characteristics which it purports or is represented to
possess; or (3) if it is a drug and its container is composed,
in whole or in part, of any poisonous or deleterious substance
which may render the contents injurious to health; or (4) if
(A) it is a drug and it bears or contains, for purposes of
coloring only, a color additive which is unsafe within the
meaning of Section 706 of the Federal Act or (B) it is a color
additive, the intended use of which in or on drugs or devices
is for purposes of coloring only and is unsafe within the
meaning of Section 706 of the Federal Act; or (5) if it is a
new animal drug which is unsafe within the meaning of Section
512 of the Federal Act; or (6) if it is an animal feed bearing
or containing a new animal drug, and such animal feed is unsafe
within the meaning of Section 512 of the Federal Act.
(b) If it purports to be or is represented as a drug the

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name of which is recognized in an official compendium, and its
strength differs from or its quality or purity falls below the
standard set forth in such compendium. Such determination as
to strength, quality or purity shall be made in accordance
with the tests or methods of assay set forth in such compendium
or in the absence of or inadequacy of such tests or methods of
assay, those prescribed under authority of the Federal Act. No
drug defined in an official compendium is adulterated under
this subsection because it differs from the standard of
strength, quality or purity therefor set forth in such
compendium, if its difference in strength, quality or purity
from such standard is plainly stated on its label. When a drug
is recognized in both the United States Pharmacopoeia -
National Formulary and the Homeopathic Pharmacopoeia of the
United States it shall be subject to the requirements of the
United States Pharmacopoeia - National Formulary unless it is
labeled and offered for sale as a homeopathic drug, in which
case it shall be subject to the provisions of the Homeopathic
Pharmacopoeia of the United States and not to those of the
United States Pharmacopoeia - National Formulary.
(c) If it is not subject to the provisions of subsection
(b) of this Section and its strength differs from or its purity
or quality falls below that which it purports or is
represented to possess.
(d) If it is a drug and any substance has been (1) mixed or
packed therewith so as to reduce its quality or strength; or

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(2) substituted wholly or in part therefor.
(e) If it is, or purports to be or is represented as, a
device which is subject to a performance standard established
under Section 514 of the Federal Act, unless such device is in
all respects in conformity with such standard.
(f) If it is a device and the methods used in, or the
facilities or controls used for, its manufacture, packing,
storage, or installations are not in conformity with
applicable requirements under Section 520(b)(1) of the Federal
Act or an applicable condition as prescribed by an order under
Section 520(b)(2) of the Federal Act.
(g) If it is a device for which an exemption has been
granted under Section 520(g) of the Federal Act for
investigational use and the person who was granted such
exemption fails to comply with a requirement prescribed by or
under such Section.
(h) A drug's status as not approved by the U.S. Food and
Drug Administration shall not cause it to be deemed an
adulterated drug in violation of this Act if its safety and
efficacy have been established by peer-reviewed research or if
it is recommended for use by the World Health Organization,
even if the drug's labelling reflects prior approval that is
no longer in effect, so long as such labelling was true and
accurate at the time of manufacture.
(Source: P.A. 84-891.)

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(410 ILCS 620/15) (from Ch. 56 1/2, par. 515)
Sec. 15. A drug or device is misbranded - (a) If its
labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing
(1) the name and place of business of the manufacturer, packer
or distributor; and (2) an accurate statement of the quantity
of the contents in terms of weight, measure or numerical
count. However, under paragraph (2) of this subsection
reasonable variations shall be permitted and exemptions as to
small packages shall be allowed, in accordance with
regulations prescribed by the Director or issued under the
Federal Act.
(c) If any word, statement or other information required
by or under authority of this Act to appear on the label or
labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements,
designs or devices, in the labeling) and in such terms as to
render it likely to be read and understood by the ordinary
person under customary conditions of purchase and use.
(d) If it is for use by man and contains any quantity of
the narcotic or hypnotic substance alpha-eucaine, barbituric
acid, beta-eucaine, bromal, cannabis, carbromal, chloral,
coca, cocaine, codeine, heroin, marihuana, morphine, opium,
paraldehyde, peyote or sulphonmethane, (or any chemical
derivative of such substance, which derivative, after
investigation, has been found to be and is designated as habit

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forming, by regulations issued by the Director under this Act,
or by regulations issued pursuant to Section 502(d) of the
Federal Act) unless its label bears the name and quantity or
proportion of such substance or derivative and in
juxtaposition therewith the statement "Warning--May be habit
forming".
(e) (1) If it is a drug, unless (A) its label bears to the
exclusion of any other nonproprietary name (except the
applicable systematic chemical name or the chemical formula),
(i) the established name (as defined in paragraph (2) of this
subsection) of the drug, if such there be; and (ii), in case it
is fabricated from 2 or more ingredients, the established name
and quantity of each active ingredient, including the kind and
quantity or proportion of any alcohol, and also including
whether active or not, the established name and quantity or
proportion of any bromides, ether, chloroform, acetanilid,
acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine,
hyoscyamine, arsenic, digitalis, digitalis glucosides,
mercury, ouabain, strophanthin, strychnine, thyroid or any
derivative or preparation of any such substances contained
therein, except the requirement for stating the quantity of
the active ingredients, other than the quantity of those
specifically named in this paragraph, shall apply only to
prescription drugs; and, (B) for any prescription drug the
established name of such drug or ingredient, as the case may
be, on such label (and on any labeling on which a name for such

SB2450 - 174 - LRB104 12244 BDA 22351 b
drug or ingredient is used) is printed prominently and in type
at least half as large as that used thereon for any proprietary
name or designation for such drug or ingredient to the extent
that compliance with the requirements of subclause (ii) of
clause (A) or clause (B) of this paragraph is impracticable,
exemptions may be allowed under regulations promulgated by the
Director or under the Federal Act.
(2) As used in paragraph (1) of this subsection (e),
"established name", with respect to a drug or ingredient
thereof, means (A) the applicable official name designated
pursuant to Section 508 of the Federal Act, or (B) if there is
no such name and such drug or such ingredient is an article
recognized in an official compendium, then the official title
thereof in such compendium or (C) if neither clause (A) nor
clause (B) of this paragraph applies, then the common or usual
name, if any, of such drug or of such ingredient. However,
where clause (B) of this paragraph applies to an article
recognized in the United States Pharmacopoeia - National
Formulary and in the Homeopathic Pharmacopoeia under different
official titles, the official title used in the United States
Pharmacopoeia - National Formulary shall apply unless it is
labeled and offered for sale as a homeopathic drug, in which
case the official title used in the Homeopathic Pharmacopoeia
shall apply.
(3) If it is a device and it has an established name,
unless its label bears, to the exclusion of any other

SB2450 - 175 - LRB104 12244 BDA 22351 b
nonproprietary name, its established name (as defined in
paragraph (4) of this subsection (e)) prominently printed in
type at least half as large as that used thereon for any
proprietary name or designation for such device, except that
to the extent compliance with this paragraph (3) is
impracticable, exemptions shall be allowed under regulations
promulgated under the Federal Act.
(4) As used in paragraph (3), "established name", with
respect to a device, means (A) the applicable official name of
the device designated pursuant to Section 508 of the Federal
Act, (B) if there is no such name and such device is an article
recognized in an official compendium, then the official title
thereof in such compendium, or (C) if neither clause (A) nor
clause (B) of this paragraph applies, then any common or usual
name.
(f) Unless its labeling bears (1) adequate directions for
use; and (2) such adequate warnings against use in those
pathological conditions or by children where its use may be
dangerous to health or against unsafe dosage or methods or
duration of administration or application in such manner and
form as are necessary for the protection of users. However,
where any requirement of clause (1) of this subsection (f) as
applied to any drug or device, is not necessary for the
protection of the public health, the Director shall promulgate
regulations exempting such drug or device from such
requirements; and the articles exempted under regulations

SB2450 - 176 - LRB104 12244 BDA 22351 b
issued under Section 502(f) of the Federal Act may also be
exempt.
(g) If it purports to be a drug the name of which is
recognized in an official compendium, unless it is packaged
and labeled as prescribed therein. However, the method of
packing may be modified with the consent of the Director, or if
consent is obtained under the Federal Act. When a drug is
recognized in both the United States Pharmacopoeia - National
Formulary and the Homeopathic Pharmacopoeia of the United
States, it shall be subject to the requirements of the United
States Pharmacopoeia - National Formulary with respect to
packaging and labeling unless it is labeled and offered for
sale as a homeopathic drug, in which case it shall be subject
to the provisions of the Homeopathic Pharmacopoeia of the
United States and not to those of the United States
Pharmacopoeia - National Formulary; and, in the event of
inconsistency between the requirements of this subsection and
those of subsection (e) as to the name by which the drug or its
ingredients shall be designated, the requirements of
subsection (e) shall prevail.
(h) If it has been found by the Director or under the
Federal Act to be a drug liable to deterioration, unless it is
packaged in such form and manner, and its label bears a
statement of such precautions, as the regulations issued by
the Director or under the Federal Act require as necessary for
the protection of public health. No such regulation shall be

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established for any drug recognized in an official compendium
until the Director shall have informed the appropriate body
charged with the revision of such compendium of the need for
such packaging or labeling requirements and such body shall
have failed within a reasonable time to prescribe such
requirements.
(i) (1) If it is a drug and its container is so made,
formed or filled as to be misleading; or (2) if it is an
imitation of another drug; or (3) if it is offered for sale
under the name of another drug.
(j) If it is dangerous to health when used in the dosage
(or manner) or with the frequency or duration prescribed,
recommended or suggested in the labeling thereof.
(k) If it is or purports to be or is represented as a drug
composed wholly or partly of insulin, unless (1) it is a batch
with respect to which a certificate or release has been issued
pursuant to Section 506 of the Federal Act and (2) such
certificate or release is in effect with respect to such drug.
(l) If it is or purports to be or is represented as a drug
(except a drug for use in animals other than man) composed
wholly or partly of any kind of penicillin, streptomycin,
chlortetracycline, chloramphenicol or bacitracin or any other
antibiotic drug or any derivative thereof unless (1) it is
from a batch with respect to which a certificate or release has
been issued pursuant to Section 507 of the Federal Act and (2)
such certificate or release is in effect with respect to such

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drug. However, this subsection (l) shall not apply to any drug
or class of drugs exempted by regulations promulgated under
Section 507(c) or (d) of the Federal Act. For the purpose of
this subsection, "antibiotic drug" means any drug intended for
use by man containing any quantity of any chemical substance
which is produced by a microorganism and which has the
capacity to inhibit or destroy microorganisms in dilute
solution (including the chemically synthesized equivalent of
any such substance).
(m) If it is a color additive, the intended use of which in
or on drugs is for the purpose of coloring only, unless its
packaging and labeling are in conformity with such packaging
and labeling requirements applicable to such color additive
prescribed under the provision of Section 13(b) or of the
Federal Act.
(n) In the case of any prescription drug distributed or
offered for sale in this State, unless the manufacturer,
packer or distributor thereof includes in all advertisements
and other descriptive printed matter issued or caused to be
issued by the manufacturer, packer or distributor with respect
to that drug a true statement of (1) the established name as
defined in paragraph (2) of subsection (e) of Section 15 of
this Act, (2) the formula showing quantitatively each
ingredient of such drug to the extent required for labels
under Section 502(e) of the Federal Act, and (3) such other
information in brief summary relating to side effects,

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contraindications, and effectiveness as shall be required in
regulations issued under the Federal Act.
(o) If it was manufactured, prepared, propagated,
compounded or processed in an establishment in this State not
duly registered under Section 510 of the Federal Act, if it was
not included in a list required by Section 510(j) of the
Federal Act, if a notice or other information respecting it
was not provided as required by such Section or Section 510(k)
of the Federal Act, or if it does not bear such symbols from
the uniform system for identification of devices prescribed
under Section 510(e) of the Federal Act as required by
regulation.
(p) If a trademark, trade name or other identifying mark,
imprint or device of another or any likeness of the foregoing
has been placed thereon or upon its container with intent to
defraud.
(q) If it is a drug and its packaging or labeling is in
violation of an applicable regulation issued pursuant to
Section 3, 4 or 5 of the Illinois Poison Prevention Packaging
Act.
(r) In the case of any restricted device distributed or
offered for sale in this State, if (1) its advertising is false
or misleading in any particular, or (2) it is sold,
distributed or used in violation or regulations prescribed
under Section 520(e) of the Federal Act.
(s) In the case of any restricted device distributed or

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offered for sale in this State, unless the manufacturer,
packer or distributor thereof includes in all advertisements
and other descriptive printed matter issued by the
manufacturer, packer or distributor with respect to that
device (1) a true statement of the device's established name
as defined in Section 502(e) of the Federal Act or subsection
(e) of Section 15 of this Act, printed prominently and in type
at least half as large as that used for any trade or brand name
thereof, and (2) a brief statement of the intended uses of the
device and relevant warnings, precautions, side effects and
contraindications and in the case of specific devices made
subject to regulations issued under the Federal Act, a full
description of the components of such device or the formula
showing quantitatively each ingredient of such device to the
extent required in regulations under the Federal Act.
(t) If it is a device subject to a performance standard
established under Section 514 of the Federal Act, unless it
bears such labeling as may be prescribed in such performance
standard.
(u) If it is a device and there was a failure or refusal
(1) to comply with any requirement prescribed under Section
518 of the Federal Act respecting the device, or (2) to furnish
material required by or under Section 519 of the Federal Act
respecting the device.
(v) A drug's status as not approved by the U.S. Food and
Drug Administration shall not cause it to be deemed a

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misbranded drug in violation of this Act if its safety and
efficacy have been established by peer-reviewed research or if
it is recommended for use by the World Health Organization,
even if the drug's labelling reflects prior approval that is
no longer in effect, so long as such labelling was true and
accurate at the time of manufacture.
(Source: P.A. 84-891.)
SB2450 - 182 - LRB104 12244 BDA 22351 b
INDEX
Statutes amended in order of appearance
225 ILCS 6/60
225 ILCS 15/15 from Ch. 111, par. 5365
225 ILCS 20/19
225 ILCS 55/85 from Ch. 111, par. 8351-85
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 60/23 from Ch. 111, par. 4400-23
225 ILCS 64/100
225 ILCS 65/65-65 was 225 ILCS 65/15-55
225 ILCS 65/70-5 was 225 ILCS 65/10-45
225 ILCS 85/30 from Ch. 111, par. 4150
225 ILCS 85/30.1
225 ILCS 95/21 from Ch. 111, par. 4621
225 ILCS 107/80
225 ILCS 120/55 from Ch. 111, par. 8301-55
225 ILCS 130/75
225 ILCS 135/95
410 ILCS 620/7 from Ch. 56 1/2, par. 507
410 ILCS 620/14 from Ch. 56 1/2, par. 514
410 ILCS 620/15 from Ch. 56 1/2, par. 515