Illinois General Assembly - Full Text of HB3109
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Full Text of HB3109  103rd General Assembly




HB3109 EnrolledLRB103 29825 AMQ 56233 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 9 and 22 as follows:
6    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 9. Application for license. Each applicant for a
9license shall:
10        (A) Make application on blank forms prepared and
11    furnished by the Department.
12        (B) Submit evidence satisfactory to the Department
13    that the applicant:
14            (1) is of good moral character. In determining
15        moral character under this Section, the Department may
16        take into consideration whether the applicant has
17        engaged in conduct or activities which would
18        constitute grounds for discipline under this Act. The
19        Department may also request the applicant to submit,
20        and may consider as evidence of moral character,
21        endorsements from 2 or 3 individuals licensed under
22        this Act;
23            (2) has the preliminary and professional education



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1        required by this Act;
2            (3) (blank); and
3            (4) is physically, mentally, and professionally
4        capable of practicing medicine with reasonable
5        judgment, skill, and safety. In determining physical
6        and mental capacity under this Section, the Medical
7        Board may, upon a showing of a possible incapacity or
8        conduct or activities that would constitute grounds
9        for discipline under this Act, compel any applicant to
10        submit to a mental or physical examination and
11        evaluation, or both, as provided for in Section 22 of
12        this Act. The Medical Board may condition or restrict
13        any license, subject to the same terms and conditions
14        as are provided for the Medical Board under Section 22
15        of this Act. Any such condition of a restricted
16        license shall provide that the Chief Medical
17        Coordinator or Deputy Medical Coordinator shall have
18        the authority to review the subject physician's
19        compliance with such conditions or restrictions,
20        including, where appropriate, the physician's record
21        of treatment and counseling regarding the impairment,
22        to the extent permitted by applicable federal statutes
23        and regulations safeguarding the confidentiality of
24        medical records of patients. The Medical Board, in
25        determining mental capacity, shall consider the latest
26        recommendations of the Federation of State Medical



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1        Boards.
2        In determining professional capacity under this
3    Section, an individual may be required to complete such
4    additional testing, training, or remedial education as the
5    Medical Board may deem necessary in order to establish the
6    applicant's present capacity to practice medicine with
7    reasonable judgment, skill, and safety. The Medical Board
8    may consider the following criteria, as they relate to an
9    applicant, as part of its determination of professional
10    capacity:
11            (1) Medical research in an established research
12        facility, hospital, college or university, or private
13        corporation.
14            (2) Specialized training or education.
15            (3) Publication of original work in learned,
16        medical, or scientific journals.
17            (4) Participation in federal, State, local, or
18        international public health programs or organizations.
19            (5) Professional service in a federal veterans or
20        military institution.
21            (6) Any other professional activities deemed to
22        maintain and enhance the clinical capabilities of the
23        applicant.
24        Any applicant applying for a license to practice
25    medicine in all of its branches or for a license as a
26    chiropractic physician who has not been engaged in the



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1    active practice of medicine or has not been enrolled in a
2    medical program for 2 years prior to application must
3    submit proof of professional capacity to the Medical
4    Board.
5        Any applicant applying for a temporary license that
6    has not been engaged in the active practice of medicine or
7    has not been enrolled in a medical program for longer than
8    5 years prior to application must submit proof of
9    professional capacity to the Medical Board.
10        (C) Designate specifically the name, location, and
11    kind of professional school, college, or institution of
12    which the applicant is a graduate and the category under
13    which the applicant seeks, and will undertake, to
14    practice.
15        (D) Pay to the Department at the time of application
16    the required fees.
17        (E) Pursuant to Department rules, as required, pass an
18    examination authorized by the Department to determine the
19    applicant's fitness to receive a license.
20        (F) Complete the application process within 3 years
21    from the date of application. If the process has not been
22    completed within 3 years, the application shall expire,
23    application fees shall be forfeited, and the applicant
24    must reapply and meet the requirements in effect at the
25    time of reapplication.
26(Source: P.A. 102-20, eff. 1-1-22.)



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1    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
2    (Section scheduled to be repealed on January 1, 2027)
3    Sec. 22. Disciplinary action.
4    (A) The Department may revoke, suspend, place on
5probation, reprimand, refuse to issue or renew, or take any
6other disciplinary or non-disciplinary action as the
7Department may deem proper with regard to the license or
8permit of any person issued under this Act, including imposing
9fines not to exceed $10,000 for each violation, upon any of the
10following grounds:
11        (1) (Blank).
12        (2) (Blank).
13        (3) A plea of guilty or nolo contendere, finding of
14    guilt, jury verdict, or entry of judgment or sentencing,
15    including, but not limited to, convictions, preceding
16    sentences of supervision, conditional discharge, or first
17    offender probation, under the laws of any jurisdiction of
18    the United States of any crime that is a felony.
19        (4) Gross negligence in practice under this Act.
20        (5) Engaging in dishonorable, unethical, or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public.
23        (6) Obtaining any fee by fraud, deceit, or
24    misrepresentation.
25        (7) Habitual or excessive use or abuse of drugs



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1    defined in law as controlled substances, of alcohol, or of
2    any other substances which results in the inability to
3    practice with reasonable judgment, skill, or safety.
4        (8) Practicing under a false or, except as provided by
5    law, an assumed name.
6        (9) Fraud or misrepresentation in applying for, or
7    procuring, a license under this Act or in connection with
8    applying for renewal of a license under this Act.
9        (10) Making a false or misleading statement regarding
10    their skill or the efficacy or value of the medicine,
11    treatment, or remedy prescribed by them at their direction
12    in the treatment of any disease or other condition of the
13    body or mind.
14        (11) Allowing another person or organization to use
15    their license, procured under this Act, to practice.
16        (12) Adverse action taken by another state or
17    jurisdiction against a license or other authorization to
18    practice as a medical doctor, doctor of osteopathy, doctor
19    of osteopathic medicine, or doctor of chiropractic, a
20    certified copy of the record of the action taken by the
21    other state or jurisdiction being prima facie evidence
22    thereof. This includes any adverse action taken by a State
23    or federal agency that prohibits a medical doctor, doctor
24    of osteopathy, doctor of osteopathic medicine, or doctor
25    of chiropractic from providing services to the agency's
26    participants.



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1        (13) Violation of any provision of this Act or of the
2    Medical Practice Act prior to the repeal of that Act, or
3    violation of the rules, or a final administrative action
4    of the Secretary, after consideration of the
5    recommendation of the Medical Board.
6        (14) Violation of the prohibition against fee
7    splitting in Section 22.2 of this Act.
8        (15) A finding by the Medical Board that the
9    registrant after having his or her license placed on
10    probationary status or subjected to conditions or
11    restrictions violated the terms of the probation or failed
12    to comply with such terms or conditions.
13        (16) Abandonment of a patient.
14        (17) Prescribing, selling, administering,
15    distributing, giving, or self-administering any drug
16    classified as a controlled substance (designated product)
17    or narcotic for other than medically accepted therapeutic
18    purposes.
19        (18) Promotion of the sale of drugs, devices,
20    appliances, or goods provided for a patient in such manner
21    as to exploit the patient for financial gain of the
22    physician.
23        (19) Offering, undertaking, or agreeing to cure or
24    treat disease by a secret method, procedure, treatment, or
25    medicine, or the treating, operating, or prescribing for
26    any human condition by a method, means, or procedure which



HB3109 Enrolled- 8 -LRB103 29825 AMQ 56233 b

1    the licensee refuses to divulge upon demand of the
2    Department.
3        (20) Immoral conduct in the commission of any act
4    including, but not limited to, commission of an act of
5    sexual misconduct related to the licensee's practice.
6        (21) Willfully making or filing false records or
7    reports in his or her practice as a physician, including,
8    but not limited to, false records to support claims
9    against the medical assistance program of the Department
10    of Healthcare and Family Services (formerly Department of
11    Public Aid) under the Illinois Public Aid Code.
12        (22) Willful omission to file or record, or willfully
13    impeding the filing or recording, or inducing another
14    person to omit to file or record, medical reports as
15    required by law, or willfully failing to report an
16    instance of suspected abuse or neglect as required by law.
17        (23) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    under the Abused and Neglected Child Reporting Act, and
20    upon proof by clear and convincing evidence that the
21    licensee has caused a child to be an abused child or
22    neglected child as defined in the Abused and Neglected
23    Child Reporting Act.
24        (24) Solicitation of professional patronage by any
25    corporation, agents, or persons, or profiting from those
26    representing themselves to be agents of the licensee.



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1        (25) Gross and willful and continued overcharging for
2    professional services, including filing false statements
3    for collection of fees for which services are not
4    rendered, including, but not limited to, filing such false
5    statements for collection of monies for services not
6    rendered from the medical assistance program of the
7    Department of Healthcare and Family Services (formerly
8    Department of Public Aid) under the Illinois Public Aid
9    Code.
10        (26) A pattern of practice or other behavior which
11    demonstrates incapacity or incompetence to practice under
12    this Act.
13        (27) Mental illness or disability which results in the
14    inability to practice under this Act with reasonable
15    judgment, skill, or safety.
16        (28) Physical illness, including, but not limited to,
17    deterioration through the aging process, or loss of motor
18    skill which results in a physician's inability to practice
19    under this Act with reasonable judgment, skill, or safety.
20        (29) Cheating on or attempting to subvert the
21    licensing examinations administered under this Act.
22        (30) Willfully or negligently violating the
23    confidentiality between physician and patient except as
24    required by law.
25        (31) The use of any false, fraudulent, or deceptive
26    statement in any document connected with practice under



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1    this Act.
2        (32) Aiding and abetting an individual not licensed
3    under this Act in the practice of a profession licensed
4    under this Act.
5        (33) Violating State or federal laws or regulations
6    relating to controlled substances, legend drugs, or
7    ephedra as defined in the Ephedra Prohibition Act.
8        (34) Failure to report to the Department any adverse
9    final action taken against them by another licensing
10    jurisdiction (any other state or any territory of the
11    United States or any foreign state or country), by any
12    peer review body, by any health care institution, by any
13    professional society or association related to practice
14    under this Act, by any governmental agency, by any law
15    enforcement agency, or by any court for acts or conduct
16    similar to acts or conduct which would constitute grounds
17    for action as defined in this Section.
18        (35) Failure to report to the Department surrender of
19    a license or authorization to practice as a medical
20    doctor, a doctor of osteopathy, a doctor of osteopathic
21    medicine, or doctor of chiropractic in another state or
22    jurisdiction, or surrender of membership on any medical
23    staff or in any medical or professional association or
24    society, while under disciplinary investigation by any of
25    those authorities or bodies, for acts or conduct similar
26    to acts or conduct which would constitute grounds for



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1    action as defined in this Section.
2        (36) Failure to report to the Department any adverse
3    judgment, settlement, or award arising from a liability
4    claim related to acts or conduct similar to acts or
5    conduct which would constitute grounds for action as
6    defined in this Section.
7        (37) Failure to provide copies of medical records as
8    required by law.
9        (38) Failure to furnish the Department, its
10    investigators or representatives, relevant information,
11    legally requested by the Department after consultation
12    with the Chief Medical Coordinator or the Deputy Medical
13    Coordinator.
14        (39) Violating the Health Care Worker Self-Referral
15    Act.
16        (40) (Blank).
17        (41) Failure to establish and maintain records of
18    patient care and treatment as required by this law.
19        (42) Entering into an excessive number of written
20    collaborative agreements with licensed advanced practice
21    registered nurses resulting in an inability to adequately
22    collaborate.
23        (43) Repeated failure to adequately collaborate with a
24    licensed advanced practice registered nurse.
25        (44) Violating the Compassionate Use of Medical
26    Cannabis Program Act.



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1        (45) Entering into an excessive number of written
2    collaborative agreements with licensed prescribing
3    psychologists resulting in an inability to adequately
4    collaborate.
5        (46) Repeated failure to adequately collaborate with a
6    licensed prescribing psychologist.
7        (47) Willfully failing to report an instance of
8    suspected abuse, neglect, financial exploitation, or
9    self-neglect of an eligible adult as defined in and
10    required by the Adult Protective Services Act.
11        (48) Being named as an abuser in a verified report by
12    the Department on Aging under the Adult Protective
13    Services Act, and upon proof by clear and convincing
14    evidence that the licensee abused, neglected, or
15    financially exploited an eligible adult as defined in the
16    Adult Protective Services Act.
17        (49) Entering into an excessive number of written
18    collaborative agreements with licensed physician
19    assistants resulting in an inability to adequately
20    collaborate.
21        (50) Repeated failure to adequately collaborate with a
22    physician assistant.
23    Except for actions involving the ground numbered (26), all
24proceedings to suspend, revoke, place on probationary status,
25or take any other disciplinary action as the Department may
26deem proper, with regard to a license on any of the foregoing



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1grounds, must be commenced within 5 years next after receipt
2by the Department of a complaint alleging the commission of or
3notice of the conviction order for any of the acts described
4herein. Except for the grounds numbered (8), (9), (26), and
5(29), no action shall be commenced more than 10 years after the
6date of the incident or act alleged to have violated this
7Section. For actions involving the ground numbered (26), a
8pattern of practice or other behavior includes all incidents
9alleged to be part of the pattern of practice or other behavior
10that occurred, or a report pursuant to Section 23 of this Act
11received, within the 10-year period preceding the filing of
12the complaint. In the event of the settlement of any claim or
13cause of action in favor of the claimant or the reduction to
14final judgment of any civil action in favor of the plaintiff,
15such claim, cause of action, or civil action being grounded on
16the allegation that a person licensed under this Act was
17negligent in providing care, the Department shall have an
18additional period of 2 years from the date of notification to
19the Department under Section 23 of this Act of such settlement
20or final judgment in which to investigate and commence formal
21disciplinary proceedings under Section 36 of this Act, except
22as otherwise provided by law. The time during which the holder
23of the license was outside the State of Illinois shall not be
24included within any period of time limiting the commencement
25of disciplinary action by the Department.
26    The entry of an order or judgment by any circuit court



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1establishing that any person holding a license under this Act
2is a person in need of mental treatment operates as a
3suspension of that license. That person may resume his or her
4practice only upon the entry of a Departmental order based
5upon a finding by the Medical Board that the person has been
6determined to be recovered from mental illness by the court
7and upon the Medical Board's recommendation that the person be
8permitted to resume his or her practice.
9    The Department may refuse to issue or take disciplinary
10action concerning the license of any person who fails to file a
11return, or to pay the tax, penalty, or interest shown in a
12filed return, or to pay any final assessment of tax, penalty,
13or interest, as required by any tax Act administered by the
14Illinois Department of Revenue, until such time as the
15requirements of any such tax Act are satisfied as determined
16by the Illinois Department of Revenue.
17    The Department, upon the recommendation of the Medical
18Board, shall adopt rules which set forth standards to be used
19in determining:
20        (a) when a person will be deemed sufficiently
21    rehabilitated to warrant the public trust;
22        (b) what constitutes dishonorable, unethical, or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public;
25        (c) what constitutes immoral conduct in the commission
26    of any act, including, but not limited to, commission of



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1    an act of sexual misconduct related to the licensee's
2    practice; and
3        (d) what constitutes gross negligence in the practice
4    of medicine.
5    However, no such rule shall be admissible into evidence in
6any civil action except for review of a licensing or other
7disciplinary action under this Act.
8    In enforcing this Section, the Medical Board, upon a
9showing of a possible violation, may compel any individual who
10is licensed to practice under this Act or holds a permit to
11practice under this Act, or any individual who has applied for
12licensure or a permit pursuant to this Act, to submit to a
13mental or physical examination and evaluation, or both, which
14may include a substance abuse or sexual offender evaluation,
15as required by the Medical Board and at the expense of the
16Department. The Medical Board shall specifically designate the
17examining physician licensed to practice medicine in all of
18its branches or, if applicable, the multidisciplinary team
19involved in providing the mental or physical examination and
20evaluation, or both. The multidisciplinary team shall be led
21by a physician licensed to practice medicine in all of its
22branches and may consist of one or more or a combination of
23physicians licensed to practice medicine in all of its
24branches, licensed chiropractic physicians, licensed clinical
25psychologists, licensed clinical social workers, licensed
26clinical professional counselors, and other professional and



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1administrative staff. Any examining physician or member of the
2multidisciplinary team may require any person ordered to
3submit to an examination and evaluation pursuant to this
4Section to submit to any additional supplemental testing
5deemed necessary to complete any examination or evaluation
6process, including, but not limited to, blood testing,
7urinalysis, psychological testing, or neuropsychological
8testing. The Medical Board or the Department may order the
9examining physician or any member of the multidisciplinary
10team to provide to the Department or the Medical Board any and
11all records, including business records, that relate to the
12examination and evaluation, including any supplemental testing
13performed. The Medical Board or the Department may order the
14examining physician or any member of the multidisciplinary
15team to present testimony concerning this examination and
16evaluation of the licensee, permit holder, or applicant,
17including testimony concerning any supplemental testing or
18documents relating to the examination and evaluation. No
19information, report, record, or other documents in any way
20related to the examination and evaluation shall be excluded by
21reason of any common law or statutory privilege relating to
22communication between the licensee, permit holder, or
23applicant and the examining physician or any member of the
24multidisciplinary team. No authorization is necessary from the
25licensee, permit holder, or applicant ordered to undergo an
26evaluation and examination for the examining physician or any



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1member of the multidisciplinary team to provide information,
2reports, records, or other documents or to provide any
3testimony regarding the examination and evaluation. The
4individual to be examined may have, at his or her own expense,
5another physician of his or her choice present during all
6aspects of the examination. Failure of any individual to
7submit to mental or physical examination and evaluation, or
8both, when directed, shall result in an automatic suspension,
9without hearing, until such time as the individual submits to
10the examination. If the Medical Board finds a physician unable
11to practice following an examination and evaluation because of
12the reasons set forth in this Section, the Medical Board shall
13require such physician to submit to care, counseling, or
14treatment by physicians, or other health care professionals,
15approved or designated by the Medical Board, as a condition
16for issued, continued, reinstated, or renewed licensure to
17practice. Any physician, whose license was granted pursuant to
18Section 9, 17, or 19 of this Act, or, continued, reinstated,
19renewed, disciplined, or supervised, subject to such terms,
20conditions, or restrictions who shall fail to comply with such
21terms, conditions, or restrictions, or to complete a required
22program of care, counseling, or treatment, as determined by
23the Chief Medical Coordinator or Deputy Medical Coordinators,
24shall be referred to the Secretary for a determination as to
25whether the licensee shall have his or her license suspended
26immediately, pending a hearing by the Medical Board. In



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1instances in which the Secretary immediately suspends a
2license under this Section, a hearing upon such person's
3license must be convened by the Medical Board within 15 days
4after such suspension and completed without appreciable delay.
5The Medical Board shall have the authority to review the
6subject physician's record of treatment and counseling
7regarding the impairment, to the extent permitted by
8applicable federal statutes and regulations safeguarding the
9confidentiality of medical records.
10    An individual licensed under this Act, affected under this
11Section, shall be afforded an opportunity to demonstrate to
12the Medical Board that he or she can resume practice in
13compliance with acceptable and prevailing standards under the
14provisions of his or her license.
15    The Medical Board, in determining mental capacity of an
16individual licensed under this Act, shall consider the latest
17recommendations of the Federation of State Medical Boards.
18    The Department may promulgate rules for the imposition of
19fines in disciplinary cases, not to exceed $10,000 for each
20violation of this Act. Fines may be imposed in conjunction
21with other forms of disciplinary action, but shall not be the
22exclusive disposition of any disciplinary action arising out
23of conduct resulting in death or injury to a patient. Any funds
24collected from such fines shall be deposited in the Illinois
25State Medical Disciplinary Fund.
26    All fines imposed under this Section shall be paid within



HB3109 Enrolled- 19 -LRB103 29825 AMQ 56233 b

160 days after the effective date of the order imposing the fine
2or in accordance with the terms set forth in the order imposing
3the fine.
4    (B) The Department shall revoke the license or permit
5issued under this Act to practice medicine or a chiropractic
6physician who has been convicted a second time of committing
7any felony under the Illinois Controlled Substances Act or the
8Methamphetamine Control and Community Protection Act, or who
9has been convicted a second time of committing a Class 1 felony
10under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
11person whose license or permit is revoked under this
12subsection B shall be prohibited from practicing medicine or
13treating human ailments without the use of drugs and without
14operative surgery.
15    (C) The Department shall not revoke, suspend, place on
16probation, reprimand, refuse to issue or renew, or take any
17other disciplinary or non-disciplinary action against the
18license or permit issued under this Act to practice medicine
19to a physician:
20        (1) based solely upon the recommendation of the
21    physician to an eligible patient regarding, or
22    prescription for, or treatment with, an investigational
23    drug, biological product, or device;
24        (2) for experimental treatment for Lyme disease or
25    other tick-borne diseases, including, but not limited to,
26    the prescription of or treatment with long-term



HB3109 Enrolled- 20 -LRB103 29825 AMQ 56233 b

1    antibiotics;
2        (3) based solely upon the physician providing,
3    authorizing, recommending, aiding, assisting, referring
4    for, or otherwise participating in any health care
5    service, so long as the care was not unlawful under the
6    laws of this State, regardless of whether the patient was
7    a resident of this State or another state; or
8        (4) based upon the physician's license being revoked
9    or suspended, or the physician being otherwise disciplined
10    by any other state, if that revocation, suspension, or
11    other form of discipline was based solely on the physician
12    violating another state's laws prohibiting the provision
13    of, authorization of, recommendation of, aiding or
14    assisting in, referring for, or participation in any
15    health care service if that health care service as
16    provided would not have been unlawful under the laws of
17    this State and is consistent with the standards of conduct
18    for the physician if it occurred in Illinois.
19    (D) (Blank).
20    (E) The conduct specified in subsection (C) shall not
21trigger reporting requirements under Section 23, constitute
22grounds for suspension under Section 25, or be included on the
23physician's profile required under Section 10 of the Patients'
24Right to Know Act.
25    (F) An applicant seeking licensure, certification, or
26authorization pursuant to this Act and who has been subject to



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1disciplinary action by a duly authorized professional
2disciplinary agency of another jurisdiction solely on the
3basis of having provided, authorized, recommended, aided,
4assisted, referred for, or otherwise participated in health
5care shall not be denied such licensure, certification, or
6authorization, unless the Department determines that the
7action would have constituted professional misconduct in this
8State; however, nothing in this Section shall be construed as
9prohibiting the Department from evaluating the conduct of the
10applicant and making a determination regarding the licensure,
11certification, or authorization to practice a profession under
12this Act.
13    (G) The Department may adopt rules to implement the
14changes made by this amendatory Act of the 102nd General
16(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
17101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
188-20-21; 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23.)