Illinois General Assembly - Full Text of HB1464
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Full Text of HB1464  102nd General Assembly

HB1464eng 102ND GENERAL ASSEMBLY



 


 
HB1464 EngrossedLRB102 03480 BMS 13493 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Sections 22 as follows:
 
6    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 22. Disciplinary action.
9    (A) The Department may revoke, suspend, place on
10probation, reprimand, refuse to issue or renew, or take any
11other disciplinary or non-disciplinary action as the
12Department may deem proper with regard to the license or
13permit of any person issued under this Act, including imposing
14fines not to exceed $10,000 for each violation, upon any of the
15following grounds:
16        (1) (Blank).
17        (2) (Blank).
18        (3) A plea of guilty or nolo contendere, finding of
19    guilt, jury verdict, or entry of judgment or sentencing,
20    including, but not limited to, convictions, preceding
21    sentences of supervision, conditional discharge, or first
22    offender probation, under the laws of any jurisdiction of
23    the United States of any crime that is a felony.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    doctor, a doctor of osteopathy, a doctor of osteopathic
2    medicine, or doctor of chiropractic in another state or
3    jurisdiction, or surrender of membership on any medical
4    staff or in any medical or professional association or
5    society, while under disciplinary investigation by any of
6    those authorities or bodies, for acts or conduct similar
7    to acts or conduct which would constitute grounds for
8    action as defined in this Section.
9        (36) Failure to report to the Department any adverse
10    judgment, settlement, or award arising from a liability
11    claim related to acts or conduct similar to acts or
12    conduct which would constitute grounds for action as
13    defined in this Section.
14        (37) Failure to provide copies of medical records as
15    required by law.
16        (38) Failure to furnish the Department, its
17    investigators or representatives, relevant information,
18    legally requested by the Department after consultation
19    with the Chief Medical Coordinator or the Deputy Medical
20    Coordinator.
21        (39) Violating the Health Care Worker Self-Referral
22    Act.
23        (40) Willful failure to provide notice when notice is
24    required under the Parental Notice of Abortion Act of
25    1995.
26        (41) Failure to establish and maintain records of

 

 

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1    patient care and treatment as required by this law.
2        (42) Entering into an excessive number of written
3    collaborative agreements with licensed advanced practice
4    registered nurses resulting in an inability to adequately
5    collaborate.
6        (43) Repeated failure to adequately collaborate with a
7    licensed advanced practice registered nurse.
8        (44) Violating the Compassionate Use of Medical
9    Cannabis Program Act.
10        (45) Entering into an excessive number of written
11    collaborative agreements with licensed prescribing
12    psychologists resulting in an inability to adequately
13    collaborate.
14        (46) Repeated failure to adequately collaborate with a
15    licensed prescribing psychologist.
16        (47) Willfully failing to report an instance of
17    suspected abuse, neglect, financial exploitation, or
18    self-neglect of an eligible adult as defined in and
19    required by the Adult Protective Services Act.
20        (48) Being named as an abuser in a verified report by
21    the Department on Aging under the Adult Protective
22    Services Act, and upon proof by clear and convincing
23    evidence that the licensee abused, neglected, or
24    financially exploited an eligible adult as defined in the
25    Adult Protective Services Act.
26        (49) Entering into an excessive number of written

 

 

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1    collaborative agreements with licensed physician
2    assistants resulting in an inability to adequately
3    collaborate.
4        (50) Repeated failure to adequately collaborate with a
5    physician assistant.
6    Except for actions involving the ground numbered (26), all
7proceedings to suspend, revoke, place on probationary status,
8or take any other disciplinary action as the Department may
9deem proper, with regard to a license on any of the foregoing
10grounds, must be commenced within 5 years next after receipt
11by the Department of a complaint alleging the commission of or
12notice of the conviction order for any of the acts described
13herein. Except for the grounds numbered (8), (9), (26), and
14(29), no action shall be commenced more than 10 years after the
15date of the incident or act alleged to have violated this
16Section. For actions involving the ground numbered (26), a
17pattern of practice or other behavior includes all incidents
18alleged to be part of the pattern of practice or other behavior
19that occurred, or a report pursuant to Section 23 of this Act
20received, within the 10-year period preceding the filing of
21the complaint. In the event of the settlement of any claim or
22cause of action in favor of the claimant or the reduction to
23final judgment of any civil action in favor of the plaintiff,
24such claim, cause of action, or civil action being grounded on
25the allegation that a person licensed under this Act was
26negligent in providing care, the Department shall have an

 

 

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1additional period of 2 years from the date of notification to
2the Department under Section 23 of this Act of such settlement
3or final judgment in which to investigate and commence formal
4disciplinary proceedings under Section 36 of this Act, except
5as otherwise provided by law. The time during which the holder
6of the license was outside the State of Illinois shall not be
7included within any period of time limiting the commencement
8of disciplinary action by the Department.
9    The entry of an order or judgment by any circuit court
10establishing that any person holding a license under this Act
11is a person in need of mental treatment operates as a
12suspension of that license. That person may resume his or her
13practice only upon the entry of a Departmental order based
14upon a finding by the Medical Board that the person has been
15determined to be recovered from mental illness by the court
16and upon the Medical Board's recommendation that the person be
17permitted to resume his or her practice.
18    The Department may refuse to issue or take disciplinary
19action concerning the license of any person who fails to file a
20return, or to pay the tax, penalty, or interest shown in a
21filed return, or to pay any final assessment of tax, penalty,
22or interest, as required by any tax Act administered by the
23Illinois Department of Revenue, until such time as the
24requirements of any such tax Act are satisfied as determined
25by the Illinois Department of Revenue.
26    The Department, upon the recommendation of the Medical

 

 

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1Board, shall adopt rules which set forth standards to be used
2in determining:
3        (a) when a person will be deemed sufficiently
4    rehabilitated to warrant the public trust;
5        (b) what constitutes dishonorable, unethical, or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public;
8        (c) what constitutes immoral conduct in the commission
9    of any act, including, but not limited to, commission of
10    an act of sexual misconduct related to the licensee's
11    practice; and
12        (d) what constitutes gross negligence in the practice
13    of medicine.
14    However, no such rule shall be admissible into evidence in
15any civil action except for review of a licensing or other
16disciplinary action under this Act.
17    In enforcing this Section, the Medical Board, upon a
18showing of a possible violation, may compel any individual who
19is licensed to practice under this Act or holds a permit to
20practice under this Act, or any individual who has applied for
21licensure or a permit pursuant to this Act, to submit to a
22mental or physical examination and evaluation, or both, which
23may include a substance abuse or sexual offender evaluation,
24as required by the Medical Board and at the expense of the
25Department. The Medical Board shall specifically designate the
26examining physician licensed to practice medicine in all of

 

 

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1its branches or, if applicable, the multidisciplinary team
2involved in providing the mental or physical examination and
3evaluation, or both. The multidisciplinary team shall be led
4by a physician licensed to practice medicine in all of its
5branches and may consist of one or more or a combination of
6physicians licensed to practice medicine in all of its
7branches, licensed chiropractic physicians, licensed clinical
8psychologists, licensed clinical social workers, licensed
9clinical professional counselors, and other professional and
10administrative staff. Any examining physician or member of the
11multidisciplinary team may require any person ordered to
12submit to an examination and evaluation pursuant to this
13Section to submit to any additional supplemental testing
14deemed necessary to complete any examination or evaluation
15process, including, but not limited to, blood testing,
16urinalysis, psychological testing, or neuropsychological
17testing. The Medical Board or the Department may order the
18examining physician or any member of the multidisciplinary
19team to provide to the Department or the Medical Board any and
20all records, including business records, that relate to the
21examination and evaluation, including any supplemental testing
22performed. The Medical Board or the Department may order the
23examining physician or any member of the multidisciplinary
24team to present testimony concerning this examination and
25evaluation of the licensee, permit holder, or applicant,
26including testimony concerning any supplemental testing or

 

 

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1documents relating to the examination and evaluation. No
2information, report, record, or other documents in any way
3related to the examination and evaluation shall be excluded by
4reason of any common law or statutory privilege relating to
5communication between the licensee, permit holder, or
6applicant and the examining physician or any member of the
7multidisciplinary team. No authorization is necessary from the
8licensee, permit holder, or applicant ordered to undergo an
9evaluation and examination for the examining physician or any
10member of the multidisciplinary team to provide information,
11reports, records, or other documents or to provide any
12testimony regarding the examination and evaluation. The
13individual to be examined may have, at his or her own expense,
14another physician of his or her choice present during all
15aspects of the examination. Failure of any individual to
16submit to mental or physical examination and evaluation, or
17both, when directed, shall result in an automatic suspension,
18without hearing, until such time as the individual submits to
19the examination. If the Medical Board finds a physician unable
20to practice following an examination and evaluation because of
21the reasons set forth in this Section, the Medical Board shall
22require such physician to submit to care, counseling, or
23treatment by physicians, or other health care professionals,
24approved or designated by the Medical Board, as a condition
25for issued, continued, reinstated, or renewed licensure to
26practice. Any physician, whose license was granted pursuant to

 

 

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1Sections 9, 17, or 19 of this Act, or, continued, reinstated,
2renewed, disciplined or supervised, subject to such terms,
3conditions, or restrictions who shall fail to comply with such
4terms, conditions, or restrictions, or to complete a required
5program of care, counseling, or treatment, as determined by
6the Chief Medical Coordinator or Deputy Medical Coordinators,
7shall be referred to the Secretary for a determination as to
8whether the licensee shall have his or her license suspended
9immediately, pending a hearing by the Medical Board. In
10instances in which the Secretary immediately suspends a
11license under this Section, a hearing upon such person's
12license must be convened by the Medical Board within 15 days
13after such suspension and completed without appreciable delay.
14The Medical Board shall have the authority to review the
15subject physician's record of treatment and counseling
16regarding the impairment, to the extent permitted by
17applicable federal statutes and regulations safeguarding the
18confidentiality of medical records.
19    An individual licensed under this Act, affected under this
20Section, shall be afforded an opportunity to demonstrate to
21the Medical Board that he or she can resume practice in
22compliance with acceptable and prevailing standards under the
23provisions of his or her license.
24    The Department may promulgate rules for the imposition of
25fines in disciplinary cases, not to exceed $10,000 for each
26violation of this Act. Fines may be imposed in conjunction

 

 

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1with other forms of disciplinary action, but shall not be the
2exclusive disposition of any disciplinary action arising out
3of conduct resulting in death or injury to a patient. Any funds
4collected from such fines shall be deposited in the Illinois
5State Medical Disciplinary Fund.
6    All fines imposed under this Section shall be paid within
760 days after the effective date of the order imposing the fine
8or in accordance with the terms set forth in the order imposing
9the fine.
10    (B) The Department shall revoke the license or permit
11issued under this Act to practice medicine or a chiropractic
12physician who has been convicted a second time of committing
13any felony under the Illinois Controlled Substances Act or the
14Methamphetamine Control and Community Protection Act, or who
15has been convicted a second time of committing a Class 1 felony
16under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
17person whose license or permit is revoked under this
18subsection B shall be prohibited from practicing medicine or
19treating human ailments without the use of drugs and without
20operative surgery.
21    (C) The Department shall not revoke, suspend, place on
22probation, reprimand, refuse to issue or renew, or take any
23other disciplinary or non-disciplinary action against the
24license or permit issued under this Act to practice medicine
25to a physician:
26        (1) based solely upon the recommendation of the

 

 

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1    physician to an eligible patient regarding, or
2    prescription for, or treatment with, an investigational
3    drug, biological product, or device; or
4        (2) for experimental treatment for Lyme disease or
5    other tick-borne diseases, including, but not limited to,
6    the prescription of or treatment with long-term
7    antibiotics; or .
8        (3) based solely upon the license of a physician being
9    revoked or disciplined by any state or territory for the
10    provision of, authorization of, or participation in any
11    health care, medical service, or procedure related to an
12    abortion on the basis that such health care, medical
13    service, or procedure related to an abortion is unlawful
14    or prohibited in that state or territory, if the provision
15    of, authorization of, or participation in that health
16    care, medical service, or procedure related to an abortion
17    is not unlawful or prohibited in this State.
18    (D) The Medical Board shall recommend to the Department
19civil penalties and any other appropriate discipline in
20disciplinary cases when the Medical Board finds that a
21physician willfully performed an abortion with actual
22knowledge that the person upon whom the abortion has been
23performed is a minor or an incompetent person without notice
24as required under the Parental Notice of Abortion Act of 1995.
25Upon the Medical Board's recommendation, the Department shall
26impose, for the first violation, a civil penalty of $1,000 and

 

 

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1for a second or subsequent violation, a civil penalty of
2$5,000.
3(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
4101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
58-20-21; revised 12-2-21.)
 
6    Section 10. The Nurse Practice Act is amended by changing
7Section 70-5 as follows:
 
8    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 70-5. Grounds for disciplinary action.
11    (a) The Department may refuse to issue or to renew, or may
12revoke, suspend, place on probation, reprimand, or take other
13disciplinary or non-disciplinary action as the Department may
14deem appropriate, including fines not to exceed $10,000 per
15violation, with regard to a license for any one or combination
16of the causes set forth in subsection (b) below. All fines
17collected under this Section shall be deposited in the Nursing
18Dedicated and Professional Fund.
19    (b) Grounds for disciplinary action include the following:
20        (1) Material deception in furnishing information to
21    the Department.
22        (2) Material violations of any provision of this Act
23    or violation of the rules of or final administrative
24    action of the Secretary, after consideration of the

 

 

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1    recommendation of the Board.
2        (3) Conviction by plea of guilty or nolo contendere,
3    finding of guilt, jury verdict, or entry of judgment or by
4    sentencing of any crime, including, but not limited to,
5    convictions, preceding sentences of supervision,
6    conditional discharge, or first offender probation, under
7    the laws of any jurisdiction of the United States: (i)
8    that is a felony; or (ii) that is a misdemeanor, an
9    essential element of which is dishonesty, or that is
10    directly related to the practice of the profession.
11        (4) A pattern of practice or other behavior which
12    demonstrates incapacity or incompetency to practice under
13    this Act.
14        (5) Knowingly aiding or assisting another person in
15    violating any provision of this Act or rules.
16        (6) Failing, within 90 days, to provide a response to
17    a request for information in response to a written request
18    made by the Department by certified or registered mail or
19    by email to the email address of record.
20        (7) Engaging in dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud or harm the public, as defined by rule.
23        (8) Unlawful taking, theft, selling, distributing, or
24    manufacturing of any drug, narcotic, or prescription
25    device.
26        (9) Habitual or excessive use or addiction to alcohol,

 

 

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1    narcotics, stimulants, or any other chemical agent or drug
2    that could result in a licensee's inability to practice
3    with reasonable judgment, skill or safety.
4        (10) Discipline by another U.S. jurisdiction or
5    foreign nation, if at least one of the grounds for the
6    discipline is the same or substantially equivalent to
7    those set forth in this Section.
8        (11) A finding that the licensee, after having her or
9    his license placed on probationary status or subject to
10    conditions or restrictions, has violated the terms of
11    probation or failed to comply with such terms or
12    conditions.
13        (12) Being named as a perpetrator in an indicated
14    report by the Department of Children and Family Services
15    and under the Abused and Neglected Child Reporting Act,
16    and upon proof by clear and convincing evidence that the
17    licensee has caused a child to be an abused child or
18    neglected child as defined in the Abused and Neglected
19    Child Reporting Act.
20        (13) Willful omission to file or record, or willfully
21    impeding the filing or recording or inducing another
22    person to omit to file or record medical reports as
23    required by law.
24        (13.5) Willfully failing to report an instance of
25    suspected child abuse or neglect as required by the Abused
26    and Neglected Child Reporting Act.

 

 

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1        (14) Gross negligence in the practice of practical,
2    professional, or advanced practice registered nursing.
3        (15) Holding oneself out to be practicing nursing
4    under any name other than one's own.
5        (16) Failure of a licensee to report to the Department
6    any adverse final action taken against him or her by
7    another licensing jurisdiction of the United States or any
8    foreign state or country, any peer review body, any health
9    care institution, any professional or nursing society or
10    association, any governmental agency, any law enforcement
11    agency, or any court or a nursing liability claim related
12    to acts or conduct similar to acts or conduct that would
13    constitute grounds for action as defined in this Section.
14        (17) Failure of a licensee to report to the Department
15    surrender by the licensee of a license or authorization to
16    practice nursing or advanced practice registered nursing
17    in another state or jurisdiction or current surrender by
18    the licensee of membership on any nursing staff or in any
19    nursing or advanced practice registered nursing or
20    professional association or society while under
21    disciplinary investigation by any of those authorities or
22    bodies for acts or conduct similar to acts or conduct that
23    would constitute grounds for action as defined by this
24    Section.
25        (18) Failing, within 60 days, to provide information
26    in response to a written request made by the Department.

 

 

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1        (19) Failure to establish and maintain records of
2    patient care and treatment as required by law.
3        (20) Fraud, deceit or misrepresentation in applying
4    for or procuring a license under this Act or in connection
5    with applying for renewal of a license under this Act.
6        (21) Allowing another person or organization to use
7    the licensee's license to deceive the public.
8        (22) Willfully making or filing false records or
9    reports in the licensee's practice, including but not
10    limited to false records to support claims against the
11    medical assistance program of the Department of Healthcare
12    and Family Services (formerly Department of Public Aid)
13    under the Illinois Public Aid Code.
14        (23) Attempting to subvert or cheat on a licensing
15    examination administered under this Act.
16        (24) Immoral conduct in the commission of an act,
17    including, but not limited to, sexual abuse, sexual
18    misconduct, or sexual exploitation, related to the
19    licensee's practice.
20        (25) Willfully or negligently violating the
21    confidentiality between nurse and patient except as
22    required by law.
23        (26) Practicing under a false or assumed name, except
24    as provided by law.
25        (27) The use of any false, fraudulent, or deceptive
26    statement in any document connected with the licensee's

 

 

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1    practice.
2        (28) Directly or indirectly giving to or receiving
3    from a person, firm, corporation, partnership, or
4    association a fee, commission, rebate, or other form of
5    compensation for professional services not actually or
6    personally rendered. Nothing in this paragraph (28)
7    affects any bona fide independent contractor or employment
8    arrangements among health care professionals, health
9    facilities, health care providers, or other entities,
10    except as otherwise prohibited by law. Any employment
11    arrangements may include provisions for compensation,
12    health insurance, pension, or other employment benefits
13    for the provision of services within the scope of the
14    licensee's practice under this Act. Nothing in this
15    paragraph (28) shall be construed to require an employment
16    arrangement to receive professional fees for services
17    rendered.
18        (29) A violation of the Health Care Worker
19    Self-Referral Act.
20        (30) Physical illness, mental illness, or disability
21    that results in the inability to practice the profession
22    with reasonable judgment, skill, or safety.
23        (31) Exceeding the terms of a collaborative agreement
24    or the prescriptive authority delegated to a licensee by
25    his or her collaborating physician or podiatric physician
26    in guidelines established under a written collaborative

 

 

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1    agreement.
2        (32) Making a false or misleading statement regarding
3    a licensee's skill or the efficacy or value of the
4    medicine, treatment, or remedy prescribed by him or her in
5    the course of treatment.
6        (33) Prescribing, selling, administering,
7    distributing, giving, or self-administering a drug
8    classified as a controlled substance (designated product)
9    or narcotic for other than medically accepted therapeutic
10    purposes.
11        (34) Promotion of the sale of drugs, devices,
12    appliances, or goods provided for a patient in a manner to
13    exploit the patient for financial gain.
14        (35) Violating State or federal laws, rules, or
15    regulations relating to controlled substances.
16        (36) Willfully or negligently violating the
17    confidentiality between an advanced practice registered
18    nurse, collaborating physician, dentist, or podiatric
19    physician and a patient, except as required by law.
20        (37) Willfully failing to report an instance of
21    suspected abuse, neglect, financial exploitation, or
22    self-neglect of an eligible adult as defined in and
23    required by the Adult Protective Services Act.
24        (38) Being named as an abuser in a verified report by
25    the Department on Aging and under the Adult Protective
26    Services Act, and upon proof by clear and convincing

 

 

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1    evidence that the licensee abused, neglected, or
2    financially exploited an eligible adult as defined in the
3    Adult Protective Services Act.
4        (39) A violation of any provision of this Act or any
5    rules adopted under this Act.
6        (40) Violating the Compassionate Use of Medical
7    Cannabis Program Act.
8    (b-5) The Department shall not revoke, suspend, place on
9prohibition, reprimand, refuse to issue or renew, or take any
10other disciplinary or non-disciplinary action against the
11license or permit issued under this Act to practice as a
12registered nurse or an advanced practice registered nurse
13based solely upon the license of a registered nurse or an
14advanced practice registered nurse being revoked or
15disciplined by any state or territory for the provision of,
16authorization of, or participation in any health care, medical
17service, or procedure related to an abortion on the basis that
18such health care, medical service, or procedure related to an
19abortion is unlawful or prohibited in that state or territory,
20if the provision of, authorization of, or participation in
21that health care, medical service, or procedure related to an
22abortion is not unlawful or prohibited in this State.
23    (c) The determination by a circuit court that a licensee
24is subject to involuntary admission or judicial admission as
25provided in the Mental Health and Developmental Disabilities
26Code, as amended, operates as an automatic suspension. The

 

 

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1suspension will end only upon a finding by a court that the
2patient is no longer subject to involuntary admission or
3judicial admission and issues an order so finding and
4discharging the patient; and upon the recommendation of the
5Board to the Secretary that the licensee be allowed to resume
6his or her practice.
7    (d) The Department may refuse to issue or may suspend or
8otherwise discipline the license of any person who fails to
9file a return, or to pay the tax, penalty or interest shown in
10a filed return, or to pay any final assessment of the tax,
11penalty, or interest as required by any tax Act administered
12by the Department of Revenue, until such time as the
13requirements of any such tax Act are satisfied.
14    (e) In enforcing this Act, the Department, upon a showing
15of a possible violation, may compel an individual licensed to
16practice under this Act or who has applied for licensure under
17this Act, to submit to a mental or physical examination, or
18both, as required by and at the expense of the Department. The
19Department may order the examining physician to present
20testimony concerning the mental or physical examination of the
21licensee or applicant. No information shall be excluded by
22reason of any common law or statutory privilege relating to
23communications between the licensee or applicant and the
24examining physician. The examining physicians shall be
25specifically designated by the Department. The individual to
26be examined may have, at his or her own expense, another

 

 

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1physician of his or her choice present during all aspects of
2this examination. Failure of an individual to submit to a
3mental or physical examination, when directed, shall result in
4an automatic suspension without hearing.
5    All substance-related violations shall mandate an
6automatic substance abuse assessment. Failure to submit to an
7assessment by a licensed physician who is certified as an
8addictionist or an advanced practice registered nurse with
9specialty certification in addictions may be grounds for an
10automatic suspension, as defined by rule.
11    If the Department finds an individual unable to practice
12or unfit for duty because of the reasons set forth in this
13subsection (e), the Department may require that individual to
14submit to a substance abuse evaluation or treatment by
15individuals or programs approved or designated by the
16Department, as a condition, term, or restriction for
17continued, restored, or renewed licensure to practice; or, in
18lieu of evaluation or treatment, the Department may file, or
19the Board may recommend to the Department to file, a complaint
20to immediately suspend, revoke, or otherwise discipline the
21license of the individual. An individual whose license was
22granted, continued, restored, renewed, disciplined or
23supervised subject to such terms, conditions, or restrictions,
24and who fails to comply with such terms, conditions, or
25restrictions, shall be referred to the Secretary for a
26determination as to whether the individual shall have his or

 

 

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1her license suspended immediately, pending a hearing by the
2Department.
3    In instances in which the Secretary immediately suspends a
4person's license under this subsection (e), a hearing on that
5person's license must be convened by the Department within 15
6days after the suspension and completed without appreciable
7delay. The Department and Board shall have the authority to
8review the subject individual's record of treatment and
9counseling regarding the impairment to the extent permitted by
10applicable federal statutes and regulations safeguarding the
11confidentiality of medical records.
12    An individual licensed under this Act and affected under
13this subsection (e) shall be afforded an opportunity to
14demonstrate to the Department that he or she can resume
15practice in compliance with nursing standards under the
16provisions of his or her license.
17(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
18    Section 15. The Physician Assistant Practice Act of 1987
19is amended by changing Section 21 as follows:
 
20    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
21    (Section scheduled to be repealed on January 1, 2028)
22    Sec. 21. Grounds for disciplinary action.
23    (a) The Department may refuse to issue or to renew, or may
24revoke, suspend, place on probation, reprimand, or take other

 

 

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1disciplinary or non-disciplinary action with regard to any
2license issued under this Act as the Department may deem
3proper, including the issuance of fines not to exceed $10,000
4for each violation, for any one or combination of the
5following causes:
6        (1) Material misstatement in furnishing information to
7    the Department.
8        (2) Violations of this Act, or the rules adopted under
9    this Act.
10        (3) Conviction by plea of guilty or nolo contendere,
11    finding of guilt, jury verdict, or entry of judgment or
12    sentencing, including, but not limited to, convictions,
13    preceding sentences of supervision, conditional discharge,
14    or first offender probation, under the laws of any
15    jurisdiction of the United States that is: (i) a felony;
16    or (ii) a misdemeanor, an essential element of which is
17    dishonesty, or that is directly related to the practice of
18    the profession.
19        (4) Making any misrepresentation for the purpose of
20    obtaining licenses.
21        (5) Professional incompetence.
22        (6) Aiding or assisting another person in violating
23    any provision of this Act or its rules.
24        (7) Failing, within 60 days, to provide information in
25    response to a written request made by the Department.
26        (8) Engaging in dishonorable, unethical, or

 

 

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1    unprofessional conduct, as defined by rule, of a character
2    likely to deceive, defraud, or harm the public.
3        (9) Habitual or excessive use or addiction to alcohol,
4    narcotics, stimulants, or any other chemical agent or drug
5    that results in a physician assistant's inability to
6    practice with reasonable judgment, skill, or safety.
7        (10) Discipline by another U.S. jurisdiction or
8    foreign nation, if at least one of the grounds for
9    discipline is the same or substantially equivalent to
10    those set forth in this Section.
11        (11) Directly or indirectly giving to or receiving
12    from any person, firm, corporation, partnership, or
13    association any fee, commission, rebate or other form of
14    compensation for any professional services not actually or
15    personally rendered. Nothing in this paragraph (11)
16    affects any bona fide independent contractor or employment
17    arrangements, which may include provisions for
18    compensation, health insurance, pension, or other
19    employment benefits, with persons or entities authorized
20    under this Act for the provision of services within the
21    scope of the licensee's practice under this Act.
22        (12) A finding by the Disciplinary Board that the
23    licensee, after having his or her license placed on
24    probationary status has violated the terms of probation.
25        (13) Abandonment of a patient.
26        (14) Willfully making or filing false records or

 

 

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1    reports in his or her practice, including but not limited
2    to false records filed with state agencies or departments.
3        (15) Willfully failing to report an instance of
4    suspected child abuse or neglect as required by the Abused
5    and Neglected Child Reporting Act.
6        (16) Physical illness, or mental illness or impairment
7    that results in the inability to practice the profession
8    with reasonable judgment, skill, or safety, including, but
9    not limited to, deterioration through the aging process or
10    loss of motor skill.
11        (17) Being named as a perpetrator in an indicated
12    report by the Department of Children and Family Services
13    under the Abused and Neglected Child Reporting Act, and
14    upon proof by clear and convincing evidence that the
15    licensee has caused a child to be an abused child or
16    neglected child as defined in the Abused and Neglected
17    Child Reporting Act.
18        (18) (Blank).
19        (19) Gross negligence resulting in permanent injury or
20    death of a patient.
21        (20) Employment of fraud, deception or any unlawful
22    means in applying for or securing a license as a physician
23    assistant.
24        (21) Exceeding the authority delegated to him or her
25    by his or her collaborating physician in a written
26    collaborative agreement.

 

 

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1        (22) Immoral conduct in the commission of any act,
2    such as sexual abuse, sexual misconduct, or sexual
3    exploitation related to the licensee's practice.
4        (23) Violation of the Health Care Worker Self-Referral
5    Act.
6        (24) Practicing under a false or assumed name, except
7    as provided by law.
8        (25) Making a false or misleading statement regarding
9    his or her skill or the efficacy or value of the medicine,
10    treatment, or remedy prescribed by him or her in the
11    course of treatment.
12        (26) Allowing another person to use his or her license
13    to practice.
14        (27) Prescribing, selling, administering,
15    distributing, giving, or self-administering a drug
16    classified as a controlled substance for other than
17    medically accepted therapeutic purposes.
18        (28) Promotion of the sale of drugs, devices,
19    appliances, or goods provided for a patient in a manner to
20    exploit the patient for financial gain.
21        (29) A pattern of practice or other behavior that
22    demonstrates incapacity or incompetence to practice under
23    this Act.
24        (30) Violating State or federal laws or regulations
25    relating to controlled substances or other legend drugs or
26    ephedra as defined in the Ephedra Prohibition Act.

 

 

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1        (31) Exceeding the prescriptive authority delegated by
2    the collaborating physician or violating the written
3    collaborative agreement delegating that authority.
4        (32) Practicing without providing to the Department a
5    notice of collaboration or delegation of prescriptive
6    authority.
7        (33) Failure to establish and maintain records of
8    patient care and treatment as required by law.
9        (34) Attempting to subvert or cheat on the examination
10    of the National Commission on Certification of Physician
11    Assistants or its successor agency.
12        (35) Willfully or negligently violating the
13    confidentiality between physician assistant and patient,
14    except as required by law.
15        (36) Willfully failing to report an instance of
16    suspected abuse, neglect, financial exploitation, or
17    self-neglect of an eligible adult as defined in and
18    required by the Adult Protective Services Act.
19        (37) Being named as an abuser in a verified report by
20    the Department on Aging under the Adult Protective
21    Services Act and upon proof by clear and convincing
22    evidence that the licensee abused, neglected, or
23    financially exploited an eligible adult as defined in the
24    Adult Protective Services Act.
25        (38) Failure to report to the Department an adverse
26    final action taken against him or her by another licensing

 

 

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1    jurisdiction of the United States or a foreign state or
2    country, a peer review body, a health care institution, a
3    professional society or association, a governmental
4    agency, a law enforcement agency, or a court acts or
5    conduct similar to acts or conduct that would constitute
6    grounds for action under this Section.
7        (39) Failure to provide copies of records of patient
8    care or treatment, except as required by law.
9        (40) Entering into an excessive number of written
10    collaborative agreements with licensed physicians
11    resulting in an inability to adequately collaborate.
12        (41) Repeated failure to adequately collaborate with a
13    collaborating physician.
14        (42) Violating the Compassionate Use of Medical
15    Cannabis Program Act.
16    (b) The Department may, without a hearing, refuse to issue
17or renew or may suspend the license of any person who fails to
18file a return, or to pay the tax, penalty or interest shown in
19a filed return, or to pay any final assessment of the tax,
20penalty, or interest as required by any tax Act administered
21by the Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied.
23    (b-5) The Department shall not revoke, suspend, place on
24prohibition, reprimand, refuse to issue or renew, or take any
25other disciplinary or non-disciplinary action against the
26license or permit issued under this Act to practice as a

 

 

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1physician assistant based solely upon the license of a
2physician assistant being revoked or disciplined by any state
3or territory for the provision of, authorization of, or
4participation in any health care, medical service, or
5procedure related to an abortion on the basis that such health
6care, medical service, or procedure related to an abortion is
7unlawful or prohibited in that state or territory, if the
8provision of, authorization of, or participation in that
9health care, medical service, or procedure related to an
10abortion is not unlawful or prohibited in this State.
11    (c) The determination by a circuit court that a licensee
12is subject to involuntary admission or judicial admission as
13provided in the Mental Health and Developmental Disabilities
14Code operates as an automatic suspension. The suspension will
15end only upon a finding by a court that the patient is no
16longer subject to involuntary admission or judicial admission
17and issues an order so finding and discharging the patient,
18and upon the recommendation of the Disciplinary Board to the
19Secretary that the licensee be allowed to resume his or her
20practice.
21    (d) In enforcing this Section, the Department upon a
22showing of a possible violation may compel an individual
23licensed to practice under this Act, or who has applied for
24licensure under this Act, to submit to a mental or physical
25examination, or both, which may include a substance abuse or
26sexual offender evaluation, as required by and at the expense

 

 

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1of the Department.
2    The Department shall specifically designate the examining
3physician licensed to practice medicine in all of its branches
4or, if applicable, the multidisciplinary team involved in
5providing the mental or physical examination or both. The
6multidisciplinary team shall be led by a physician licensed to
7practice medicine in all of its branches and may consist of one
8or more or a combination of physicians licensed to practice
9medicine in all of its branches, licensed clinical
10psychologists, licensed clinical social workers, licensed
11clinical professional counselors, and other professional and
12administrative staff. Any examining physician or member of the
13multidisciplinary team may require any person ordered to
14submit to an examination pursuant to this Section to submit to
15any additional supplemental testing deemed necessary to
16complete any examination or evaluation process, including, but
17not limited to, blood testing, urinalysis, psychological
18testing, or neuropsychological testing.
19    The Department may order the examining physician or any
20member of the multidisciplinary team to provide to the
21Department any and all records, including business records,
22that relate to the examination and evaluation, including any
23supplemental testing performed.
24    The Department may order the examining physician or any
25member of the multidisciplinary team to present testimony
26concerning the mental or physical examination of the licensee

 

 

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1or applicant. No information, report, record, or other
2documents in any way related to the examination shall be
3excluded by reason of any common law or statutory privilege
4relating to communications between the licensee or applicant
5and the examining physician or any member of the
6multidisciplinary team. No authorization is necessary from the
7licensee or applicant ordered to undergo an examination for
8the examining physician or any member of the multidisciplinary
9team to provide information, reports, records, or other
10documents or to provide any testimony regarding the
11examination and evaluation.
12    The individual to be examined may have, at his or her own
13expense, another physician of his or her choice present during
14all aspects of this examination. However, that physician shall
15be present only to observe and may not interfere in any way
16with the examination.
17     Failure of an individual to submit to a mental or physical
18examination, when ordered, shall result in an automatic
19suspension of his or her license until the individual submits
20to the examination.
21    If the Department finds an individual unable to practice
22because of the reasons set forth in this Section, the
23Department may require that individual to submit to care,
24counseling, or treatment by physicians approved or designated
25by the Department, as a condition, term, or restriction for
26continued, reinstated, or renewed licensure to practice; or,

 

 

HB1464 Engrossed- 37 -LRB102 03480 BMS 13493 b

1in lieu of care, counseling, or treatment, the Department may
2file a complaint to immediately suspend, revoke, or otherwise
3discipline the license of the individual. An individual whose
4license was granted, continued, reinstated, renewed,
5disciplined, or supervised subject to such terms, conditions,
6or restrictions, and who fails to comply with such terms,
7conditions, or restrictions, shall be referred to the
8Secretary for a determination as to whether the individual
9shall have his or her license suspended immediately, pending a
10hearing by the Department.
11    In instances in which the Secretary immediately suspends a
12person's license under this Section, a hearing on that
13person's license must be convened by the Department within 30
14days after the suspension and completed without appreciable
15delay. The Department shall have the authority to review the
16subject individual's record of treatment and counseling
17regarding the impairment to the extent permitted by applicable
18federal statutes and regulations safeguarding the
19confidentiality of medical records.
20    An individual licensed under this Act and affected under
21this Section shall be afforded an opportunity to demonstrate
22to the Department that he or she can resume practice in
23compliance with acceptable and prevailing standards under the
24provisions of his or her license.
25    (e) An individual or organization acting in good faith,
26and not in a willful and wanton manner, in complying with this

 

 

HB1464 Engrossed- 38 -LRB102 03480 BMS 13493 b

1Section by providing a report or other information to the
2Board, by assisting in the investigation or preparation of a
3report or information, by participating in proceedings of the
4Board, or by serving as a member of the Board, shall not be
5subject to criminal prosecution or civil damages as a result
6of such actions.
7    (f) Members of the Board and the Disciplinary Board shall
8be indemnified by the State for any actions occurring within
9the scope of services on the Disciplinary Board or Board, done
10in good faith and not willful and wanton in nature. The
11Attorney General shall defend all such actions unless he or
12she determines either that there would be a conflict of
13interest in such representation or that the actions complained
14of were not in good faith or were willful and wanton.
15    If the Attorney General declines representation, the
16member has the right to employ counsel of his or her choice,
17whose fees shall be provided by the State, after approval by
18the Attorney General, unless there is a determination by a
19court that the member's actions were not in good faith or were
20willful and wanton.
21    The member must notify the Attorney General within 7 days
22after receipt of notice of the initiation of any action
23involving services of the Disciplinary Board. Failure to so
24notify the Attorney General constitutes an absolute waiver of
25the right to a defense and indemnification.
26    The Attorney General shall determine, within 7 days after

 

 

HB1464 Engrossed- 39 -LRB102 03480 BMS 13493 b

1receiving such notice, whether he or she will undertake to
2represent the member.
3(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.