SB2782 104TH GENERAL ASSEMBLY

LRB104 15930 AAS 29409 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2782

Introduced 1/13/2026, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

20 ILCS 2310/2310-750 new
225 ILCS 60/67 new
225 ILCS 65/65-75 new
225 ILCS 95/21.6 new

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Instructs the Department of Public Health to require a health care practitioner who is treating a patient diagnosed with epilepsy and at elevated risk for sudden unexpected death in epilepsy and who has primary responsibility for the treatment and care of the patient for epilepsy, other than a health care practitioner treating that patient in an emergency situation, to provide that patient with certain written information regarding sudden unexpected death in epilepsy. Requires the Department to provide that written information to health care practitioners and post the information on the Department's website. Requires the Department to ensure that the information is culturally and linguistically appropriate for all recipients. Allows a local or national organization that provides education or services related to epilepsy conditions to request that the Department include on its website the organization's informational material and contact information. Requires the Department to provide guidance to health care practitioners in determining whether a patient is at elevated risk for sudden unexpected death in epilepsy. Requires the Department to adopt rules. Amends the Medical Practice Act of 1987, the Nurse Practice Act, and the Physician Assistance Practice Act to require licensees under the Acts to comply with the amendatory provisions in the Department of Public Health Powers and Duties Law. Provides that certain licensees under the Acts who violate the amendatory provisions shall be issued a warning by the Department of Financial and Professional Regulation and shall suffer no further penalty or discipline for a first offense if the violation was not committed willfully or knowingly. Provides that certain licensees under the Acts who commit a subsequent violation of the amendatory provisions shall pay a civil penalty, as determined by the Department of Financial and Professional Regulation, of no more than $10,000 to the Department of Financial and Professional Regulation for each subsequent violation. Makes other changes.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-750 as follows:

(20 ILCS 2310/2310-750 new)

Sec. 2310-750. Sudden unexpected death in epilepsy.

(a) In this Section:

"Health care practitioner" means a physician, an advanced practice registered nurse, or a physician assistant licensed or certified in this State.

"Sudden unexpected death in epilepsy" means sudden, unexpected death in a patient with epilepsy, with or without evidence of a seizure.

(b) The Department shall adopt rules requiring a health care practitioner who is treating a patient diagnosed with epilepsy and at elevated risk for sudden unexpected death in epilepsy and who has primary responsibility for the treatment and care of the patient for epilepsy, other than a health care practitioner treating that patient in an emergency situation, to provide that patient with the following written information:

(1) current and evidence-based information about sudden unexpected death in epilepsy risk factors and conditions reviewed and approved by one or more professional not-for-profit organizations with expertise in neurology and epilepsy; and

(2) contact information for nonprofit organizations that provide information and support services for epilepsy conditions.

(c) The Department shall provide written information to health care practitioners necessary to implement the requirements of the rules the Department adopts under this Section and shall also post that information on the Department's website, with the following requirements:

(1) the Department shall ensure that the information under this Section is culturally and linguistically appropriate for all recipients;

(2) any local or national organization that provides education or services related to epilepsy conditions may request that the Department include on its website that organization's informational material and contact information; if the Department determines that the organization's informational material, contact information, or both are necessary or appropriate under this Section, the Department may include the organization's informational material, contact information, or both on its website, in written information provided under this subsection (c), or both; and

(3) the Department shall, in consultation with local and national organizations that provide education or services related to epilepsy conditions, provide guidance to health care practitioners in determining whether a patient is at elevated risk for sudden unexpected death in epilepsy, including, but not limited to, whether the patient has had convulsive seizures, the frequency and recency of such seizures, and whether the patient's symptoms have subsided in response to medicinal or surgical treatment.

(d) The Department shall adopt rules implementing this Section.

Section 10. The Medical Practice Act of 1987 is amended by adding Section 67 as follows:

(225 ILCS 60/67 new)

Sec. 67. Sudden unexpected death in epilepsy; violations and enforcement.

(a) A licensee under this Act shall comply with Section 2310-750 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois and the rules adopted thereunder.

(b) A licensee who violates this Section shall be issued a warning by the Department and shall suffer no further penalty or discipline for a first offense if the violation was not committed willfully or knowingly. A licensee who commits a subsequent violation of this Section shall pay a civil penalty, as determined by the Department, of no more than $10,000 to the Department for each subsequent violation. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(c) A civil penalty required under this Section shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed, and execution had thereon, in the same manner as any judgment from any court of record.

Section 15. The Nurse Practice Act is amended by adding Section 65-75 as follows:

(225 ILCS 65/65-75 new)

Sec. 65-75. Sudden unexpected death in epilepsy; violations and enforcement.

(a) An advanced practice registered nurse licensed under this Act shall comply with Section 2310-750 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois and the rules adopted thereunder.

(b) An advanced practice registered nurse licensed under this Act who violates this Section shall be issued a warning by the Department and shall suffer no further penalty or discipline for a first offense if the violation was not committed willfully or knowingly. An advanced practice registered nurse licensed under this Act who commits a subsequent violation of this Section shall pay a civil penalty, as determined by the Department, of no more than $10,000 to the Department for each subsequent violation.

(c) A civil penalty required under this Section shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed, and execution had thereon, in the same manner as any judgment from any court of record.

Section 20. The Physician Assistant Practice Act of 1987 is amended by adding Section 21.6 as follows:

(225 ILCS 95/21.6 new)

Sec. 21.6. Sudden unexpected death in epilepsy; violations and enforcement.

(a) A licensee under this Act shall comply with Section 2310-750 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois and the rules adopted thereunder.

(b) A licensee who violates this Section shall be issued a warning by the Department and shall suffer no further penalty or discipline for a first offense if the violation was not committed willfully or knowingly. A licensee who commits a subsequent violation of this Section shall pay a civil penalty, as determined by the Department, of no more than $10,000 to the Department for each subsequent violation.

(c) A civil penalty required under this Section shall be paid within 60 days after the effective date of the order imposing the civil penalty.