Illinois 2023-2024 Regular Session

Illinois House Bill HB5040 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5040 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: See Index Amends the Acupuncture Practice Act, the Illinois Athletic Trainers Practice Act, the Illinois Dental Practice Act, the Massage Licensing Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Optometric Practice Act of 1987, the Orthotics, Prosthetics, and Pedorthics Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Rights of Crime Victims and Witnesses Act. Provides that any Department of Financial and Professional Regulation process under statute or rule used to verify the criminal history of an applicant for licensure shall be used for all applicants for licensure, applicants for renewal of a license, or persons whose conviction of a crime or other behavior warrants review of a license. Provides that a finding of guilt by a judge or jury, a guilty plea, or plea of no contest to specified offenses entered after the effective date of the amendatory Act is a disqualifying offense, and the individual's license shall be automatically revoked when the Department is notified that the individual has been found guilty or has pled guilty or no contest. Provides that the individual may appeal the revocation to the Department only upon the reversal of the criminal conviction. Provides that crime victims have the right to file a complaint against the accused with the agency or department that licensed, certified, permitted, or registered the accused if the accused holds a license, certificate, permit, or registration to practice a profession. Effective 6 months after becoming law. LRB103 37791 RTM 67920 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5040 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: See Index See Index Amends the Acupuncture Practice Act, the Illinois Athletic Trainers Practice Act, the Illinois Dental Practice Act, the Massage Licensing Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Optometric Practice Act of 1987, the Orthotics, Prosthetics, and Pedorthics Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Rights of Crime Victims and Witnesses Act. Provides that any Department of Financial and Professional Regulation process under statute or rule used to verify the criminal history of an applicant for licensure shall be used for all applicants for licensure, applicants for renewal of a license, or persons whose conviction of a crime or other behavior warrants review of a license. Provides that a finding of guilt by a judge or jury, a guilty plea, or plea of no contest to specified offenses entered after the effective date of the amendatory Act is a disqualifying offense, and the individual's license shall be automatically revoked when the Department is notified that the individual has been found guilty or has pled guilty or no contest. Provides that the individual may appeal the revocation to the Department only upon the reversal of the criminal conviction. Provides that crime victims have the right to file a complaint against the accused with the agency or department that licensed, certified, permitted, or registered the accused if the accused holds a license, certificate, permit, or registration to practice a profession. Effective 6 months after becoming law. LRB103 37791 RTM 67920 b LRB103 37791 RTM 67920 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5040 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Acupuncture Practice Act, the Illinois Athletic Trainers Practice Act, the Illinois Dental Practice Act, the Massage Licensing Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Optometric Practice Act of 1987, the Orthotics, Prosthetics, and Pedorthics Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Rights of Crime Victims and Witnesses Act. Provides that any Department of Financial and Professional Regulation process under statute or rule used to verify the criminal history of an applicant for licensure shall be used for all applicants for licensure, applicants for renewal of a license, or persons whose conviction of a crime or other behavior warrants review of a license. Provides that a finding of guilt by a judge or jury, a guilty plea, or plea of no contest to specified offenses entered after the effective date of the amendatory Act is a disqualifying offense, and the individual's license shall be automatically revoked when the Department is notified that the individual has been found guilty or has pled guilty or no contest. Provides that the individual may appeal the revocation to the Department only upon the reversal of the criminal conviction. Provides that crime victims have the right to file a complaint against the accused with the agency or department that licensed, certified, permitted, or registered the accused if the accused holds a license, certificate, permit, or registration to practice a profession. Effective 6 months after becoming law.
6	6	LRB103 37791 RTM 67920 b LRB103 37791 RTM 67920 b
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8	8	A BILL FOR
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11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Findings. The General Assembly finds that:
15	15	5 (1) The health, safety, and peace of mind of the
16	16	6 citizens of Illinois are of paramount concern.
17	17	7 (2) Health care professionals entrusted with the
18	18	8 health of the citizens of Illinois should be held to the
19	19	9 highest standards of conduct so that these professions can
20	20	10 build bonds of trust with current and future patients,
21	21	11 clients, and residents.
22	22	12 (3) The background check requirements for these
23	23	13 professions vary widely, leading to unequal treatment by
24	24	14 the State of licensees in these professions.
25	25	15 (4) Incidents of improper action, including sexual
26	26	16 assault, by health care professionals across the State and
27	27	17 nation have been underreported, and, in some cases,
28	28	18 persons charged with, and found guilty of, these crimes
29	29	19 have continued to practice and their licenses have
30	30	20 remained active without prompt and thorough review.
31	31	21 (5) It is right and fitting that any Department of
32	32	22 Financial and Professional Regulation process under
33	33	23 statute or rule currently used to verify the criminal
34	34	24 history of an applicant for licensure under a health care
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5040 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
39	39	See Index See Index
40	40	See Index
41	41	Amends the Acupuncture Practice Act, the Illinois Athletic Trainers Practice Act, the Illinois Dental Practice Act, the Massage Licensing Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Optometric Practice Act of 1987, the Orthotics, Prosthetics, and Pedorthics Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Rights of Crime Victims and Witnesses Act. Provides that any Department of Financial and Professional Regulation process under statute or rule used to verify the criminal history of an applicant for licensure shall be used for all applicants for licensure, applicants for renewal of a license, or persons whose conviction of a crime or other behavior warrants review of a license. Provides that a finding of guilt by a judge or jury, a guilty plea, or plea of no contest to specified offenses entered after the effective date of the amendatory Act is a disqualifying offense, and the individual's license shall be automatically revoked when the Department is notified that the individual has been found guilty or has pled guilty or no contest. Provides that the individual may appeal the revocation to the Department only upon the reversal of the criminal conviction. Provides that crime victims have the right to file a complaint against the accused with the agency or department that licensed, certified, permitted, or registered the accused if the accused holds a license, certificate, permit, or registration to practice a profession. Effective 6 months after becoming law.
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44	44	A BILL FOR
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50	50	See Index
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69	69	1 professional's licensing act shall be used for all
70	70	2 applicants and licensees thereunder whose conviction of a
71	71	3 crime or other behavior warrants review of a license
72	72	4 thereunder.
73	73	5 (6) Under the Health Care Worker Background Check Act,
74	74	6 unlicensed health care personnel are already required to
75	75	7 submit to rigorous background check protocols before they
76	76	8 can be considered by a health care employer.
77	77	9 (7) It is right and fitting that licensed health care
78	78	10 professionals be subject to the same criminal background
79	79	11 check requirements as their unlicensed counterparts.
80	80	12 Section 5. The Acupuncture Practice Act is amended by
81	81	13 changing Section 110 and by adding Section 40.5 as follows:
82	82	14 (225 ILCS 2/40.5 new)
83	83	15 Sec. 40.5. Criminal history. Any Department process under
84	84	16 statute or rule used to verify the criminal history of an
85	85	17 applicant for licensure under this Act shall be used for all
86	86	18 applicants for licensure, applicants for renewal of a license,
87	87	19 or persons whose conviction of a crime or other behavior
88	88	20 warrants review of a license under this Act.
89	89	21 (225 ILCS 2/110)
90	90	22 (Section scheduled to be repealed on January 1, 2028)
91	91	23 Sec. 110. Grounds for disciplinary action.
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102	102	1 (a) The Department may refuse to issue or to renew, place
103	103	2 on probation, suspend, revoke or take other disciplinary or
104	104	3 non-disciplinary action as deemed appropriate including the
105	105	4 imposition of fines not to exceed $10,000 for each violation,
106	106	5 as the Department may deem proper, with regard to a license for
107	107	6 any one or combination of the following causes:
108	108	7 (1) Violations of this Act or its rules.
109	109	8 (2) Conviction by plea of guilty or nolo contendere,
110	110	9 finding of guilt, jury verdict, or entry of judgment or
111	111	10 sentencing, including, but not limited to, convictions,
112	112	11 preceding sentences of supervision, conditional discharge,
113	113	12 or first offender probation, under the laws of any
114	114	13 jurisdiction of the United States that is (i) a felony or
115	115	14 (ii) a misdemeanor, an essential element of which is
116	116	15 dishonesty or that is directly related to the practice of
117	117	16 the profession.
118	118	17 (3) Making any misrepresentation for the purpose of
119	119	18 obtaining a license.
120	120	19 (4) Aiding or assisting another person in violating
121	121	20 any provision of this Act or its rules.
122	122	21 (5) Failing to provide information within 60 days in
123	123	22 response to a written request made by the Department which
124	124	23 has been sent by certified or registered mail to the
125	125	24 licensee's address of record or by email to the licensee's
126	126	25 email address of record.
127	127	26 (6) Discipline by another U.S. jurisdiction or foreign
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138	138	1 nation, if at least one of the grounds for the discipline
139	139	2 is the same or substantially equivalent to one set forth
140	140	3 in this Section.
141	141	4 (7) Solicitation of professional services by means
142	142	5 other than permitted under this Act.
143	143	6 (8) Failure to provide a patient with a copy of his or
144	144	7 her record upon the written request of the patient.
145	145	8 (9) Gross negligence in the practice of acupuncture.
146	146	9 (10) Habitual or excessive use or addiction to
147	147	10 alcohol, narcotics, stimulants, or any other chemical
148	148	11 agent or drug that results in an acupuncturist's inability
149	149	12 to practice with reasonable judgment, skill, or safety.
150	150	13 (11) A finding that licensure has been applied for or
151	151	14 obtained by fraudulent means.
152	152	15 (12) A pattern of practice or other behavior that
153	153	16 demonstrates incapacity or incompetence to practice under
154	154	17 this Act.
155	155	18 (13) Being named as a perpetrator in an indicated
156	156	19 report by the Department of Children and Family Services
157	157	20 under the Abused and Neglected Child Reporting Act and
158	158	21 upon proof by clear and convincing evidence that the
159	159	22 licensee has caused a child to be an abused child or a
160	160	23 neglected child as defined in the Abused and Neglected
161	161	24 Child Reporting Act.
162	162	25 (14) Willfully failing to report an instance of
163	163	26 suspected child abuse or neglect as required by the Abused
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174	174	1 and Neglected Child Reporting Act.
175	175	2 (15) The use of any words, abbreviations, figures or
176	176	3 letters (such as "Acupuncturist", "Licensed
177	177	4 Acupuncturist", "Certified Acupuncturist", "Doctor of
178	178	5 Acupuncture and Chinese Medicine", "Doctor of Acupuncture
179	179	6 and Oriental Medicine", "Doctor of Acupuncture", "Oriental
180	180	7 Medicine Practitioner", "Licensed Oriental Medicine
181	181	8 Practitioner", "Oriental Medicine Doctor", "Licensed
182	182	9 Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.",
183	183	10 "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any
184	184	11 designation used by the Accreditation Commission for
185	185	12 Acupuncture and Oriental Medicine with the intention of
186	186	13 indicating practice as a licensed acupuncturist without a
187	187	14 valid license as an acupuncturist issued under this Act.
188	188	15 When the name of the licensed acupuncturist is used
189	189	16 professionally in oral, written, or printed announcements,
190	190	17 professional cards, or publications for the information of
191	191	18 the public, the degree title or degree abbreviation shall
192	192	19 be added immediately following title and name. When the
193	193	20 announcement, professional card, or publication is in
194	194	21 writing or in print, the explanatory addition shall be in
195	195	22 writing, type, or print not less than 1/2 the size of that
196	196	23 used in the name and title. No person other than the holder
197	197	24 of a valid existing license under this Act shall use the
198	198	25 title and designation of "acupuncturist", either directly
199	199	26 or indirectly, in connection with his or her profession or
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210	210	1 business.
211	211	2 (16) Using claims of superior quality of care to
212	212	3 entice the public or advertising fee comparisons of
213	213	4 available services with those of other persons providing
214	214	5 acupuncture services.
215	215	6 (17) Advertising of professional services that the
216	216	7 offeror of the services is not licensed to render.
217	217	8 Advertising of professional services that contains false,
218	218	9 fraudulent, deceptive, or misleading material or
219	219	10 guarantees of success, statements that play upon the
220	220	11 vanity or fears of the public, or statements that promote
221	221	12 or produce unfair competition.
222	222	13 (18) Having treated ailments other than by the
223	223	14 practice of acupuncture as defined in this Act, or having
224	224	15 treated ailments of as a licensed acupuncturist pursuant
225	225	16 to a referral by written order that provides for
226	226	17 management of the patient by a physician or dentist
227	227	18 without having notified the physician or dentist who
228	228	19 established the diagnosis that the patient is receiving
229	229	20 acupuncture treatments.
230	230	21 (19) Unethical, unauthorized, or unprofessional
231	231	22 conduct as defined by rule.
232	232	23 (20) Physical illness, mental illness, or other
233	233	24 impairment that results in the inability to practice the
234	234	25 profession with reasonable judgment, skill, and safety,
235	235	26 including, without limitation, deterioration through the
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246	246	1 aging process, mental illness, or disability.
247	247	2 (21) Violation of the Health Care Worker Self-Referral
248	248	3 Act.
249	249	4 (22) Failure to refer a patient whose condition
250	250	5 should, at the time of evaluation or treatment, be
251	251	6 determined to be beyond the scope of practice of the
252	252	7 acupuncturist to a licensed physician or dentist.
253	253	8 (23) Holding himself or herself out as being trained
254	254	9 in Chinese herbology without being able to provide the
255	255	10 Department with proof of status as a Diplomate of Oriental
256	256	11 Medicine certified by the National Certification
257	257	12 Commission for Acupuncture and Oriental Medicine or a
258	258	13 substantially equivalent status approved by the Department
259	259	14 or proof that he or she has successfully completed the
260	260	15 National Certification Commission for Acupuncture and
261	261	16 Oriental Medicine Chinese Herbology Examination or a
262	262	17 substantially equivalent examination approved by the
263	263	18 Department.
264	264	19 Notwithstanding anything in this Act to the contrary, a
265	265	20 finding of guilt by a judge or jury, a guilty plea, or plea of
266	266	21 no contest entered after the effective date of this amendatory
267	267	22 Act of the 103rd General Assembly of any of the offenses listed
268	268	23 in subsection (a) or (a-1) of Section 25 of the Health Care
269	269	24 Worker Background Check Act, except for Section 16-25 of the
270	270	25 Criminal Code of 2012, is a disqualifying offense, and the
271	271	26 individual's license shall be automatically revoked when the
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282	282	1 Department is notified that the individual has been found
283	283	2 guilty or has pled guilty or no contest. The individual may
284	284	3 appeal the revocation to the Department only upon the reversal
285	285	4 of the criminal conviction.
286	286	5 The entry of an order by a circuit court establishing that
287	287	6 any person holding a license under this Act is subject to
288	288	7 involuntary admission or judicial admission as provided for in
289	289	8 the Mental Health and Developmental Disabilities Code operates
290	290	9 as an automatic suspension of that license. That person may
291	291	10 have his or her license restored only upon the determination
292	292	11 by a circuit court that the patient is no longer subject to
293	293	12 involuntary admission or judicial admission and the issuance
294	294	13 of an order so finding and discharging the patient and upon the
295	295	14 Board's recommendation to the Department that the license be
296	296	15 restored. Where the circumstances so indicate, the Board may
297	297	16 recommend to the Department that it require an examination
298	298	17 prior to restoring a suspended license.
299	299	18 The Department may refuse to issue or renew the license of
300	300	19 any person who fails to (i) file a return or to pay the tax,
301	301	20 penalty or interest shown in a filed return or (ii) pay any
302	302	21 final assessment of the tax, penalty, or interest as required
303	303	22 by any tax Act administered by the Illinois Department of
304	304	23 Revenue, until the time that the requirements of that tax Act
305	305	24 are satisfied.
306	306	25 In enforcing this Section, the Department upon a showing
307	307	26 of a possible violation may compel an individual licensed to
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318	318	1 practice under this Act, or who has applied for licensure
319	319	2 under this Act, to submit to a mental or physical examination,
320	320	3 or both, as required by and at the expense of the Department.
321	321	4 The Department may order the examining physician to present
322	322	5 testimony concerning the mental or physical examination of the
323	323	6 licensee or applicant. No information shall be excluded by
324	324	7 reason of any common law or statutory privilege relating to
325	325	8 communications between the licensee or applicant and the
326	326	9 examining physician. The examining physicians shall be
327	327	10 specifically designated by the Department. The individual to
328	328	11 be examined may have, at his or her own expense, another
329	329	12 physician of his or her choice present during all aspects of
330	330	13 this examination. Failure of an individual to submit to a
331	331	14 mental or physical examination, when directed, shall be
332	332	15 grounds for suspension of his or her license until the
333	333	16 individual submits to the examination if the Department finds,
334	334	17 after notice and hearing, that the refusal to submit to the
335	335	18 examination was without reasonable cause.
336	336	19 If the Department finds an individual unable to practice
337	337	20 because of the reasons set forth in this Section, the
338	338	21 Department may require that individual to submit to care,
339	339	22 counseling, or treatment by physicians approved or designated
340	340	23 by the Department, as a condition, term, or restriction for
341	341	24 continued, restored, or renewed licensure to practice; or, in
342	342	25 lieu of care, counseling, or treatment, the Department may
343	343	26 file a complaint to immediately suspend, revoke, or otherwise
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354	354	1 discipline the license of the individual. An individual whose
355	355	2 license was granted, continued, restored, renewed, disciplined
356	356	3 or supervised subject to such terms, conditions, or
357	357	4 restrictions, and who fails to comply with such terms,
358	358	5 conditions, or restrictions, shall be referred to the
359	359	6 Secretary for a determination as to whether the individual
360	360	7 shall have his or her license suspended immediately, pending a
361	361	8 hearing by the Department.
362	362	9 In instances in which the Secretary immediately suspends a
363	363	10 person's license under this Section, a hearing on that
364	364	11 person's license must be convened by the Department within 30
365	365	12 days after the suspension and completed without appreciable
366	366	13 delay. The Department and Board shall have the authority to
367	367	14 review the subject individual's record of treatment and
368	368	15 counseling regarding the impairment to the extent permitted by
369	369	16 applicable federal statutes and regulations safeguarding the
370	370	17 confidentiality of medical records.
371	371	18 An individual licensed under this Act and affected under
372	372	19 this Section shall be afforded an opportunity to demonstrate
373	373	20 to the Department that he or she can resume practice in
374	374	21 compliance with acceptable and prevailing standards under the
375	375	22 provisions of his or her license.
376	376	23 (Source: P.A. 100-375, eff. 8-25-17; 101-201, eff. 1-1-20.)
377	377	24 Section 10. The Illinois Athletic Trainers Practice Act is
378	378	25 amended by changing Sections 9 and 16 as follows:
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389	389	1 (225 ILCS 5/9) (from Ch. 111, par. 7609)
390	390	2 (Section scheduled to be repealed on January 1, 2026)
391	391	3 Sec. 9. Qualifications for licensure. A person shall be
392	392	4 qualified for licensure as an athletic trainer if he or she
393	393	5 fulfills all of the following:
394	394	6 (a) Has graduated from a curriculum in athletic
395	395	7 training accredited by the Commission on Accreditation of
396	396	8 Athletic Training Education (CAATE), its successor entity,
397	397	9 or its equivalent, as approved by the Department.
398	398	10 (b) Gives proof of current certification, on the date
399	399	11 of application, in cardiopulmonary resuscitation (CPR) and
400	400	12 automated external defibrillators (AED) for Healthcare
401	401	13 Providers and Professional Rescuers or its equivalent
402	402	14 based on American Red Cross or American Heart Association
403	403	15 standards.
404	404	16 (b-5) Has graduated from a 4 year accredited college
405	405	17 or university.
406	406	18 (c) Has passed an examination approved by the
407	407	19 Department to determine his or her fitness for practice as
408	408	20 an athletic trainer, or is entitled to be licensed without
409	409	21 examination as provided in Sections 7 and 8 of this Act.
410	410	22 Any Department process under statute or rule used to
411	411	23 verify the criminal history of an applicant for licensure
412	412	24 under this Act shall be used for all applicants for licensure,
413	413	25 applicants for renewal of a license, or persons whose
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424	424	1 conviction of a crime or other behavior warrants review of a
425	425	2 license under this Act.
426	426	3 (Source: P.A. 99-469, eff. 8-26-15.)
427	427	4 (225 ILCS 5/16) (from Ch. 111, par. 7616)
428	428	5 (Section scheduled to be repealed on January 1, 2026)
429	429	6 Sec. 16. Grounds for discipline.
430	430	7 (1) The Department may refuse to issue or renew, or may
431	431	8 revoke, suspend, place on probation, reprimand, or take other
432	432	9 disciplinary action as the Department may deem proper,
433	433	10 including fines not to exceed $10,000 for each violation, with
434	434	11 regard to any licensee for any one or combination of the
435	435	12 following:
436	436	13 (A) Material misstatement in furnishing information to
437	437	14 the Department;
438	438	15 (B) Violations of this Act, or of the rules or
439	439	16 regulations promulgated hereunder;
440	440	17 (C) Conviction of or plea of guilty to any crime under
441	441	18 the Criminal Code of 2012 or the laws of any jurisdiction
442	442	19 of the United States that is (i) a felony, (ii) a
443	443	20 misdemeanor, an essential element of which is dishonesty,
444	444	21 or (iii) of any crime that is directly related to the
445	445	22 practice of the profession;
446	446	23 (D) Fraud or any misrepresentation in applying for or
447	447	24 procuring a license under this Act, or in connection with
448	448	25 applying for renewal of a license under this Act;
449	449
450	450
451	451
452	452
453	453
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455	455
456	456
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458	458	HB5040 - 13 - LRB103 37791 RTM 67920 b
459	459	1 (E) Professional incompetence or gross negligence;
460	460	2 (F) Malpractice;
461	461	3 (G) Aiding or assisting another person, firm,
462	462	4 partnership, or corporation in violating any provision of
463	463	5 this Act or rules;
464	464	6 (H) Failing, within 60 days, to provide information in
465	465	7 response to a written request made by the Department;
466	466	8 (I) Engaging in dishonorable, unethical, or
467	467	9 unprofessional conduct of a character likely to deceive,
468	468	10 defraud or harm the public;
469	469	11 (J) Habitual or excessive use or abuse of drugs
470	470	12 defined in law as controlled substances, alcohol, or any
471	471	13 other substance that results in the inability to practice
472	472	14 with reasonable judgment, skill, or safety;
473	473	15 (K) Discipline by another state, unit of government,
474	474	16 government agency, the District of Columbia, territory, or
475	475	17 foreign nation, if at least one of the grounds for the
476	476	18 discipline is the same or substantially equivalent to
477	477	19 those set forth herein;
478	478	20 (L) Directly or indirectly giving to or receiving from
479	479	21 any person, firm, corporation, partnership, or association
480	480	22 any fee, commission, rebate, or other form of compensation
481	481	23 for any professional services not actually or personally
482	482	24 rendered. Nothing in this subparagraph (L) affects any
483	483	25 bona fide independent contractor or employment
484	484	26 arrangements among health care professionals, health
485	485
486	486
487	487
488	488
489	489
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491	491
492	492
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494	494	HB5040 - 14 - LRB103 37791 RTM 67920 b
495	495	1 facilities, health care providers, or other entities,
496	496	2 except as otherwise prohibited by law. Any employment
497	497	3 arrangements may include provisions for compensation,
498	498	4 health insurance, pension, or other employment benefits
499	499	5 for the provision of services within the scope of the
500	500	6 licensee's practice under this Act. Nothing in this
501	501	7 subparagraph (L) shall be construed to require an
502	502	8 employment arrangement to receive professional fees for
503	503	9 services rendered;
504	504	10 (M) A finding by the Department that the licensee
505	505	11 after having his or her license disciplined has violated
506	506	12 the terms of probation;
507	507	13 (N) Abandonment of an athlete;
508	508	14 (O) Willfully making or filing false records or
509	509	15 reports in his or her practice, including but not limited
510	510	16 to false records filed with State agencies or departments;
511	511	17 (P) Willfully failing to report an instance of
512	512	18 suspected child abuse or neglect as required by the Abused
513	513	19 and Neglected Child Reporting Act;
514	514	20 (Q) Physical illness, including but not limited to
515	515	21 deterioration through the aging process, or loss of motor
516	516	22 skill that results in the inability to practice the
517	517	23 profession with reasonable judgment, skill, or safety;
518	518	24 (R) Solicitation of professional services other than
519	519	25 by permitted institutional policy;
520	520	26 (S) The use of any words, abbreviations, figures or
521	521
522	522
523	523
524	524
525	525
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527	527
528	528
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530	530	HB5040 - 15 - LRB103 37791 RTM 67920 b
531	531	1 letters with the intention of indicating practice as an
532	532	2 athletic trainer without a valid license as an athletic
533	533	3 trainer under this Act;
534	534	4 (T) The evaluation or treatment of ailments of human
535	535	5 beings other than by the practice of athletic training as
536	536	6 defined in this Act or the treatment of injuries of
537	537	7 athletes by a licensed athletic trainer except by the
538	538	8 referral of a physician, physician assistant, advanced
539	539	9 practice registered nurse, podiatric physician, or
540	540	10 dentist;
541	541	11 (U) Willfully violating or knowingly assisting in the
542	542	12 violation of any law of this State relating to the use of
543	543	13 habit-forming drugs;
544	544	14 (V) Willfully violating or knowingly assisting in the
545	545	15 violation of any law of this State relating to the
546	546	16 practice of abortion;
547	547	17 (W) Continued practice by a person knowingly having an
548	548	18 infectious communicable or contagious disease;
549	549	19 (X) Being named as a perpetrator in an indicated
550	550	20 report by the Department of Children and Family Services
551	551	21 pursuant to the Abused and Neglected Child Reporting Act
552	552	22 and upon proof by clear and convincing evidence that the
553	553	23 licensee has caused a child to be an abused child or
554	554	24 neglected child as defined in the Abused and Neglected
555	555	25 Child Reporting Act;
556	556	26 (X-5) Failure to provide a monthly report on the
557	557
558	558
559	559
560	560
561	561
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563	563
564	564
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566	566	HB5040 - 16 - LRB103 37791 RTM 67920 b
567	567	1 patient's progress to the referring physician, physician
568	568	2 assistant, advanced practice registered nurse, podiatric
569	569	3 physician, or dentist;
570	570	4 (Y) (Blank);
571	571	5 (Z) Failure to fulfill continuing education
572	572	6 requirements;
573	573	7 (AA) Allowing one's license under this Act to be used
574	574	8 by an unlicensed person in violation of this Act;
575	575	9 (BB) Practicing under a false or, except as provided
576	576	10 by law, assumed name;
577	577	11 (CC) Promotion of the sale of drugs, devices,
578	578	12 appliances, or goods provided in any manner to exploit the
579	579	13 client for the financial gain of the licensee;
580	580	14 (DD) Gross, willful, or continued overcharging for
581	581	15 professional services;
582	582	16 (EE) Mental illness or disability that results in the
583	583	17 inability to practice under this Act with reasonable
584	584	18 judgment, skill, or safety;
585	585	19 (FF) Cheating on or attempting to subvert the
586	586	20 licensing examination administered under this Act;
587	587	21 (GG) Violation of the Health Care Worker Self-Referral
588	588	22 Act; or
589	589	23 (HH) Failure by a supervising athletic trainer of an
590	590	24 aide to maintain contact, including personal supervision
591	591	25 and instruction, to ensure the safety and welfare of an
592	592	26 athlete.
593	593
594	594
595	595
596	596
597	597
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599	599
600	600
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602	602	HB5040 - 17 - LRB103 37791 RTM 67920 b
603	603	1 All fines imposed under this Section shall be paid within
604	604	2 60 days after the effective date of the order imposing the fine
605	605	3 or in accordance with the terms set forth in the order imposing
606	606	4 the fine.
607	607	5 (1.5) Notwithstanding anything in this Act to the
608	608	6 contrary, a finding of guilt by a judge or jury, a guilty plea,
609	609	7 or plea of no contest entered after the effective date of this
610	610	8 amendatory Act of the 103rd General Assembly of any of the
611	611	9 offenses listed in subsection (a) or (a-1) of Section 25 of the
612	612	10 Health Care Worker Background Check Act, except for Section
613	613	11 16-25 of the Criminal Code of 2012, is a disqualifying
614	614	12 offense, and the individual's license shall be automatically
615	615	13 revoked when the Department is notified that the individual
616	616	14 has been found guilty or has pled guilty or no contest. The
617	617	15 individual may appeal the revocation to the Department only
618	618	16 upon the reversal of the criminal conviction.
619	619	17 (2) The determination by a circuit court that a licensee
620	620	18 is subject to involuntary admission or judicial admission as
621	621	19 provided in the Mental Health and Developmental Disabilities
622	622	20 Code operates as an automatic suspension. Such suspension will
623	623	21 end only upon a finding by a court that the licensee is no
624	624	22 longer subject to involuntary admission or judicial admission
625	625	23 and issuance of an order so finding and discharging the
626	626	24 licensee.
627	627	25 (3) The Department may refuse to issue or may suspend
628	628	26 without hearing, as provided for in the Code of Civil
629	629
630	630
631	631
632	632
633	633
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635	635
636	636
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638	638	HB5040 - 18 - LRB103 37791 RTM 67920 b
639	639	1 Procedure, the license of any person who fails to file a
640	640	2 return, to pay the tax, penalty, or interest shown in a filed
641	641	3 return, or to pay any final assessment of tax, penalty, or
642	642	4 interest as required by any tax Act administered by the
643	643	5 Illinois Department of Revenue, until such time as the
644	644	6 requirements of any such tax Act are satisfied in accordance
645	645	7 with subsection (a) of Section 2105-15 of the Department of
646	646	8 Professional Regulation Law of the Civil Administrative Code
647	647	9 of Illinois.
648	648	10 (4) In enforcing this Section, the Department, upon a
649	649	11 showing of a possible violation, may compel any individual who
650	650	12 is licensed under this Act or any individual who has applied
651	651	13 for licensure to submit to a mental or physical examination or
652	652	14 evaluation, or both, which may include a substance abuse or
653	653	15 sexual offender evaluation, at the expense of the Department.
654	654	16 The Department shall specifically designate the examining
655	655	17 physician licensed to practice medicine in all of its branches
656	656	18 or, if applicable, the multidisciplinary team involved in
657	657	19 providing the mental or physical examination and evaluation.
658	658	20 The multidisciplinary team shall be led by a physician
659	659	21 licensed to practice medicine in all of its branches and may
660	660	22 consist of one or more or a combination of physicians licensed
661	661	23 to practice medicine in all of its branches, licensed
662	662	24 chiropractic physicians, licensed clinical psychologists,
663	663	25 licensed clinical social workers, licensed clinical
664	664	26 professional counselors, and other professional and
665	665
666	666
667	667
668	668
669	669
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671	671
672	672
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674	674	HB5040 - 19 - LRB103 37791 RTM 67920 b
675	675	1 administrative staff. Any examining physician or member of the
676	676	2 multidisciplinary team may require any person ordered to
677	677	3 submit to an examination and evaluation pursuant to this
678	678	4 Section to submit to any additional supplemental testing
679	679	5 deemed necessary to complete any examination or evaluation
680	680	6 process, including, but not limited to, blood testing,
681	681	7 urinalysis, psychological testing, or neuropsychological
682	682	8 testing.
683	683	9 The Department may order the examining physician or any
684	684	10 member of the multidisciplinary team to provide to the
685	685	11 Department any and all records, including business records,
686	686	12 that relate to the examination and evaluation, including any
687	687	13 supplemental testing performed. The Department may order the
688	688	14 examining physician or any member of the multidisciplinary
689	689	15 team to present testimony concerning this examination and
690	690	16 evaluation of the licensee or applicant, including testimony
691	691	17 concerning any supplemental testing or documents relating to
692	692	18 the examination and evaluation. No information, report,
693	693	19 record, or other documents in any way related to the
694	694	20 examination and evaluation shall be excluded by reason of any
695	695	21 common law or statutory privilege relating to communication
696	696	22 between the licensee or applicant and the examining physician
697	697	23 or any member of the multidisciplinary team. No authorization
698	698	24 is necessary from the licensee or applicant ordered to undergo
699	699	25 an evaluation and examination for the examining physician or
700	700	26 any member of the multidisciplinary team to provide
701	701
702	702
703	703
704	704
705	705
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707	707
708	708
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710	710	HB5040 - 20 - LRB103 37791 RTM 67920 b
711	711	1 information, reports, records, or other documents or to
712	712	2 provide any testimony regarding the examination and
713	713	3 evaluation. The individual to be examined may have, at his or
714	714	4 her own expense, another physician of his or her choice
715	715	5 present during all aspects of the examination.
716	716	6 Failure of any individual to submit to a mental or
717	717	7 physical examination or evaluation, or both, when directed,
718	718	8 shall result in an automatic suspension without hearing, until
719	719	9 such time as the individual submits to the examination. If the
720	720	10 Department finds a licensee unable to practice because of the
721	721	11 reasons set forth in this Section, the Department shall
722	722	12 require the licensee to submit to care, counseling, or
723	723	13 treatment by physicians approved or designated by the
724	724	14 Department as a condition for continued, reinstated, or
725	725	15 renewed licensure.
726	726	16 When the Secretary immediately suspends a license under
727	727	17 this Section, a hearing upon such person's license must be
728	728	18 convened by the Department within 15 days after the suspension
729	729	19 and completed without appreciable delay. The Department shall
730	730	20 have the authority to review the licensee's record of
731	731	21 treatment and counseling regarding the impairment to the
732	732	22 extent permitted by applicable federal statutes and
733	733	23 regulations safeguarding the confidentiality of medical
734	734	24 records.
735	735	25 Individuals licensed under this Act who are affected under
736	736	26 this Section shall be afforded an opportunity to demonstrate
737	737
738	738
739	739
740	740
741	741
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743	743
744	744
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746	746	HB5040 - 21 - LRB103 37791 RTM 67920 b
747	747	1 to the Department that they can resume practice in compliance
748	748	2 with acceptable and prevailing standards under the provisions
749	749	3 of their license.
750	750	4 (5) (Blank).
751	751	5 (6) In cases where the Department of Healthcare and Family
752	752	6 Services has previously determined a licensee or a potential
753	753	7 licensee is more than 30 days delinquent in the payment of
754	754	8 child support and has subsequently certified the delinquency
755	755	9 to the Department, the Department may refuse to issue or renew
756	756	10 or may revoke or suspend that person's license or may take
757	757	11 other disciplinary action against that person based solely
758	758	12 upon the certification of delinquency made by the Department
759	759	13 of Healthcare and Family Services in accordance with paragraph
760	760	14 (5) of subsection (a) of Section 2105-15 of the Department of
761	761	15 Professional Regulation Law of the Civil Administrative Code
762	762	16 of Illinois.
763	763	17 (Source: P.A. 102-940, eff. 1-1-23.)
764	764	18 Section 15. The Illinois Dental Practice Act is amended by
765	765	19 changing Section 23 and by adding Section 23d as follows:
766	766	20 (225 ILCS 25/23) (from Ch. 111, par. 2323)
767	767	21 (Section scheduled to be repealed on January 1, 2026)
768	768	22 Sec. 23. Refusal, revocation or suspension of dental
769	769	23 licenses. The Department may refuse to issue or renew, or may
770	770	24 revoke, suspend, place on probation, reprimand or take other
771	771
772	772
773	773
774	774
775	775
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777	777
778	778
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780	780	HB5040 - 22 - LRB103 37791 RTM 67920 b
781	781	1 disciplinary or non-disciplinary action as the Department may
782	782	2 deem proper, including imposing fines not to exceed $10,000
783	783	3 per violation, with regard to any license for any one or any
784	784	4 combination of the following causes:
785	785	5 1. Fraud or misrepresentation in applying for or
786	786	6 procuring a license under this Act, or in connection with
787	787	7 applying for renewal of a license under this Act.
788	788	8 2. Inability to practice with reasonable judgment,
789	789	9 skill, or safety as a result of habitual or excessive use
790	790	10 or addiction to alcohol, narcotics, stimulants, or any
791	791	11 other chemical agent or drug.
792	792	12 3. Willful or repeated violations of the rules of the
793	793	13 Department of Public Health or Department of Nuclear
794	794	14 Safety.
795	795	15 4. Acceptance of a fee for service as a witness,
796	796	16 without the knowledge of the court, in addition to the fee
797	797	17 allowed by the court.
798	798	18 5. Division of fees or agreeing to split or divide the
799	799	19 fees received for dental services with any person for
800	800	20 bringing or referring a patient, except in regard to
801	801	21 referral services as provided for under Section 45, or
802	802	22 assisting in the care or treatment of a patient, without
803	803	23 the knowledge of the patient or his or her legal
804	804	24 representative. Nothing in this item 5 affects any bona
805	805	25 fide independent contractor or employment arrangements
806	806	26 among health care professionals, health facilities, health
807	807
808	808
809	809
810	810
811	811
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813	813
814	814
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816	816	HB5040 - 23 - LRB103 37791 RTM 67920 b
817	817	1 care providers, or other entities, except as otherwise
818	818	2 prohibited by law. Any employment arrangements may include
819	819	3 provisions for compensation, health insurance, pension, or
820	820	4 other employment benefits for the provision of services
821	821	5 within the scope of the licensee's practice under this
822	822	6 Act. Nothing in this item 5 shall be construed to require
823	823	7 an employment arrangement to receive professional fees for
824	824	8 services rendered.
825	825	9 6. Employing, procuring, inducing, aiding or abetting
826	826	10 a person not licensed or registered as a dentist or dental
827	827	11 hygienist to engage in the practice of dentistry or dental
828	828	12 hygiene. The person practiced upon is not an accomplice,
829	829	13 employer, procurer, inducer, aider, or abetter within the
830	830	14 meaning of this Act.
831	831	15 7. Making any misrepresentations or false promises,
832	832	16 directly or indirectly, to influence, persuade or induce
833	833	17 dental patronage.
834	834	18 8. Professional connection or association with or
835	835	19 lending his or her name to another for the illegal
836	836	20 practice of dentistry by another, or professional
837	837	21 connection or association with any person, firm or
838	838	22 corporation holding himself, herself, themselves, or
839	839	23 itself out in any manner contrary to this Act.
840	840	24 9. Obtaining or seeking to obtain practice, money, or
841	841	25 any other things of value by false or fraudulent
842	842	26 representations, but not limited to, engaging in such
843	843
844	844
845	845
846	846
847	847
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849	849
850	850
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852	852	HB5040 - 24 - LRB103 37791 RTM 67920 b
853	853	1 fraudulent practice to defraud the medical assistance
854	854	2 program of the Department of Healthcare and Family
855	855	3 Services (formerly Department of Public Aid) under the
856	856	4 Illinois Public Aid Code.
857	857	5 10. Practicing under a false or, except as provided by
858	858	6 law, an assumed name.
859	859	7 11. Engaging in dishonorable, unethical, or
860	860	8 unprofessional conduct of a character likely to deceive,
861	861	9 defraud, or harm the public.
862	862	10 12. Conviction by plea of guilty or nolo contendere,
863	863	11 finding of guilt, jury verdict, or entry of judgment or by
864	864	12 sentencing for any crime, including, but not limited to,
865	865	13 convictions, preceding sentences of supervision,
866	866	14 conditional discharge, or first offender probation, under
867	867	15 the laws of any jurisdiction of the United States that (i)
868	868	16 is a felony under the laws of this State or (ii) is a
869	869	17 misdemeanor, an essential element of which is dishonesty,
870	870	18 or that is directly related to the practice of dentistry.
871	871	19 13. Permitting a dental hygienist, dental assistant or
872	872	20 other person under his or her supervision to perform any
873	873	21 operation not authorized by this Act.
874	874	22 14. Permitting more than 4 dental hygienists to be
875	875	23 employed under his or her supervision at any one time.
876	876	24 15. A violation of any provision of this Act or any
877	877	25 rules promulgated under this Act.
878	878	26 16. Taking impressions for or using the services of
879	879
880	880
881	881
882	882
883	883
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885	885
886	886
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888	888	HB5040 - 25 - LRB103 37791 RTM 67920 b
889	889	1 any person, firm or corporation violating this Act.
890	890	2 17. Violating any provision of Section 45 relating to
891	891	3 advertising.
892	892	4 18. Discipline by another U.S. jurisdiction or foreign
893	893	5 nation, if at least one of the grounds for the discipline
894	894	6 is the same or substantially equivalent to those set forth
895	895	7 within this Act.
896	896	8 19. Willfully failing to report an instance of
897	897	9 suspected child abuse or neglect as required by the Abused
898	898	10 and Neglected Child Reporting Act.
899	899	11 20. Gross negligence in practice under this Act.
900	900	12 21. The use or prescription for use of narcotics or
901	901	13 controlled substances or designated products as listed in
902	902	14 the Illinois Controlled Substances Act, in any way other
903	903	15 than for therapeutic purposes.
904	904	16 22. Willfully making or filing false records or
905	905	17 reports in his or her practice as a dentist, including,
906	906	18 but not limited to, false records to support claims
907	907	19 against the dental assistance program of the Department of
908	908	20 Healthcare and Family Services (formerly Illinois
909	909	21 Department of Public Aid).
910	910	22 23. Professional incompetence as manifested by poor
911	911	23 standards of care.
912	912	24 24. Physical or mental illness, including, but not
913	913	25 limited to, deterioration through the aging process, or
914	914	26 loss of motor skills which results in a dentist's
915	915
916	916
917	917
918	918
919	919
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921	921
922	922
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925	925	1 inability to practice dentistry with reasonable judgment,
926	926	2 skill or safety. In enforcing this paragraph, the
927	927	3 Department may compel a person licensed to practice under
928	928	4 this Act to submit to a mental or physical examination
929	929	5 pursuant to the terms and conditions of Section 23b.
930	930	6 25. Gross or repeated irregularities in billing for
931	931	7 services rendered to a patient. For purposes of this
932	932	8 paragraph 25, "irregularities in billing" shall include:
933	933	9 (a) Reporting excessive charges for the purpose of
934	934	10 obtaining a total payment in excess of that usually
935	935	11 received by the dentist for the services rendered.
936	936	12 (b) Reporting charges for services not rendered.
937	937	13 (c) Incorrectly reporting services rendered for
938	938	14 the purpose of obtaining payment not earned.
939	939	15 26. Continuing the active practice of dentistry while
940	940	16 knowingly having any infectious, communicable, or
941	941	17 contagious disease proscribed by rule or regulation of the
942	942	18 Department.
943	943	19 27. Being named as a perpetrator in an indicated
944	944	20 report by the Department of Children and Family Services
945	945	21 pursuant to the Abused and Neglected Child Reporting Act,
946	946	22 and upon proof by clear and convincing evidence that the
947	947	23 licensee has caused a child to be an abused child or
948	948	24 neglected child as defined in the Abused and Neglected
949	949	25 Child Reporting Act.
950	950	26 28. Violating the Health Care Worker Self-Referral
951	951
952	952
953	953
954	954
955	955
956	956	HB5040 - 26 - LRB103 37791 RTM 67920 b
957	957
958	958
959	959	HB5040- 27 -LRB103 37791 RTM 67920 b HB5040 - 27 - LRB103 37791 RTM 67920 b
960	960	HB5040 - 27 - LRB103 37791 RTM 67920 b
961	961	1 Act.
962	962	2 29. Abandonment of a patient.
963	963	3 30. Mental incompetency as declared by a court of
964	964	4 competent jurisdiction.
965	965	5 31. A finding by the Department that the licensee,
966	966	6 after having his or her license placed on probationary
967	967	7 status, has violated the terms of probation.
968	968	8 32. Material misstatement in furnishing information to
969	969	9 the Department.
970	970	10 33. Failing, within 60 days, to provide information in
971	971	11 response to a written request by the Department in the
972	972	12 course of an investigation.
973	973	13 34. Immoral conduct in the commission of any act,
974	974	14 including, but not limited to, commission of an act of
975	975	15 sexual misconduct related to the licensee's practice.
976	976	16 35. Cheating on or attempting to subvert the licensing
977	977	17 examination administered under this Act.
978	978	18 36. A pattern of practice or other behavior that
979	979	19 demonstrates incapacity or incompetence to practice under
980	980	20 this Act.
981	981	21 37. Failure to establish and maintain records of
982	982	22 patient care and treatment as required under this Act.
983	983	23 38. Failure to provide copies of dental records as
984	984	24 required by law.
985	985	25 39. Failure of a licensed dentist who owns or is
986	986	26 employed at a dental office to give notice of an office
987	987
988	988
989	989
990	990
991	991
992	992	HB5040 - 27 - LRB103 37791 RTM 67920 b
993	993
994	994
995	995	HB5040- 28 -LRB103 37791 RTM 67920 b HB5040 - 28 - LRB103 37791 RTM 67920 b
996	996	HB5040 - 28 - LRB103 37791 RTM 67920 b
997	997	1 closure to his or her patients at least 30 days prior to
998	998	2 the office closure pursuant to Section 50.1.
999	999	3 40. Failure to maintain a sanitary work environment.
1000	1000	4 All proceedings to suspend, revoke, place on probationary
1001	1001	5 status, or take any other disciplinary action as the
1002	1002	6 Department may deem proper, with regard to a license on any of
1003	1003	7 the foregoing grounds, must be commenced within 5 years after
1004	1004	8 receipt by the Department of a complaint alleging the
1005	1005	9 commission of or notice of the conviction order for any of the
1006	1006	10 acts described herein. Except for fraud in procuring a
1007	1007	11 license, no action shall be commenced more than 7 years after
1008	1008	12 the date of the incident or act alleged to have violated this
1009	1009	13 Section. The time during which the holder of the license was
1010	1010	14 outside the State of Illinois shall not be included within any
1011	1011	15 period of time limiting the commencement of disciplinary
1012	1012	16 action by the Department.
1013	1013	17 Notwithstanding anything in this Act to the contrary, a
1014	1014	18 finding of guilt by a judge or jury, a guilty plea, or plea of
1015	1015	19 no contest entered after the effective date of this amendatory
1016	1016	20 Act of the 103rd General Assembly of any of the offenses listed
1017	1017	21 in subsection (a) or (a-1) of Section 25 of the Health Care
1018	1018	22 Worker Background Check Act, except for Section 16-25 of the
1019	1019	23 Criminal Code of 2012, is a disqualifying offense, and the
1020	1020	24 individual's license shall be automatically revoked when the
1021	1021	25 Department is notified that the individual has been found
1022	1022	26 guilty or has pled guilty or no contest. The individual may
1023	1023
1024	1024
1025	1025
1026	1026
1027	1027
1028	1028	HB5040 - 28 - LRB103 37791 RTM 67920 b
1029	1029
1030	1030
1031	1031	HB5040- 29 -LRB103 37791 RTM 67920 b HB5040 - 29 - LRB103 37791 RTM 67920 b
1032	1032	HB5040 - 29 - LRB103 37791 RTM 67920 b
1033	1033	1 appeal the revocation to the Department only upon the reversal
1034	1034	2 of the criminal conviction.
1035	1035	3 All fines imposed under this Section shall be paid within
1036	1036	4 60 days after the effective date of the order imposing the fine
1037	1037	5 or in accordance with the terms set forth in the order imposing
1038	1038	6 the fine.
1039	1039	7 The Department may refuse to issue or may suspend the
1040	1040	8 license of any person who fails to file a return, or to pay the
1041	1041	9 tax, penalty or interest shown in a filed return, or to pay any
1042	1042	10 final assessment of tax, penalty or interest, as required by
1043	1043	11 any tax Act administered by the Illinois Department of
1044	1044	12 Revenue, until such time as the requirements of any such tax
1045	1045	13 Act are satisfied.
1046	1046	14 Any dentist who has had his or her license suspended or
1047	1047	15 revoked for more than 5 years must comply with the
1048	1048	16 requirements for restoration set forth in Section 16 prior to
1049	1049	17 being eligible for reinstatement from the suspension or
1050	1050	18 revocation.
1051	1051	19 (Source: P.A. 103-425, eff. 1-1-24.)
1052	1052	20 (225 ILCS 25/23d new)
1053	1053	21 Sec. 23d. Criminal history. Any Department process under
1054	1054	22 statute or rule used to verify the criminal history of an
1055	1055	23 applicant for licensure under this Act shall be used for all
1056	1056	24 applicants for licensure, applicants for renewal of a license,
1057	1057	25 or persons whose conviction of a crime or other behavior
1058	1058
1059	1059
1060	1060
1061	1061
1062	1062
1063	1063	HB5040 - 29 - LRB103 37791 RTM 67920 b
1064	1064
1065	1065
1066	1066	HB5040- 30 -LRB103 37791 RTM 67920 b HB5040 - 30 - LRB103 37791 RTM 67920 b
1067	1067	HB5040 - 30 - LRB103 37791 RTM 67920 b
1068	1068	1 warrants review of a license under this Act.
1069	1069	2 Section 25. The Massage Licensing Act is amended by
1070	1070	3 changing Sections 15 and 45 as follows:
1071	1071	4 (225 ILCS 57/15)
1072	1072	5 (Section scheduled to be repealed on January 1, 2027)
1073	1073	6 Sec. 15. Licensure requirements.
1074	1074	7 (a) Persons engaged in massage for compensation must be
1075	1075	8 licensed by the Department. The Department shall issue a
1076	1076	9 license to an individual who meets all of the following
1077	1077	10 requirements:
1078	1078	11 (1) The applicant has applied in writing on the
1079	1079	12 prescribed forms and has paid the required fees.
1080	1080	13 (2) The applicant is at least 18 years of age and of
1081	1081	14 good moral character. In determining good moral character,
1082	1082	15 the Department may take into consideration conviction of
1083	1083	16 any crime under the laws of the United States or any state
1084	1084	17 or territory thereof that is a felony or a misdemeanor or
1085	1085	18 any crime that is directly related to the practice of the
1086	1086	19 profession. Such a conviction shall not operate
1087	1087	20 automatically as a complete bar to a license, except in
1088	1088	21 the case of any conviction for prostitution, rape, or
1089	1089	22 sexual misconduct, or where the applicant is a registered
1090	1090	23 sex offender.
1091	1091	24 (3) The applicant has successfully completed a massage
1092	1092
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097	HB5040 - 30 - LRB103 37791 RTM 67920 b
1098	1098
1099	1099
1100	1100	HB5040- 31 -LRB103 37791 RTM 67920 b HB5040 - 31 - LRB103 37791 RTM 67920 b
1101	1101	HB5040 - 31 - LRB103 37791 RTM 67920 b
1102	1102	1 therapy program approved by the Department that requires a
1103	1103	2 minimum of 500 hours, except applicants applying on or
1104	1104	3 after January 1, 2014 shall meet a minimum requirement of
1105	1105	4 600 hours, and has passed a competency examination
1106	1106	5 approved by the Department.
1107	1107	6 (b) Each applicant for licensure as a massage therapist
1108	1108	7 shall have his or her fingerprints submitted to the Illinois
1109	1109	8 State Police in an electronic format that complies with the
1110	1110	9 form and manner for requesting and furnishing criminal history
1111	1111	10 record information as prescribed by the Illinois State Police.
1112	1112	11 These fingerprints shall be checked prior to the Department
1113	1113	12 issuing or renewing a license against the Illinois State
1114	1114	13 Police and Federal Bureau of Investigation criminal history
1115	1115	14 record databases now and hereafter filed. The Illinois State
1116	1116	15 Police shall charge applicants a fee for conducting the
1117	1117	16 criminal history records check, which shall be deposited into
1118	1118	17 the State Police Services Fund and shall not exceed the actual
1119	1119	18 cost of the records check. The Illinois State Police shall
1120	1120	19 furnish, pursuant to positive identification, records of
1121	1121	20 Illinois convictions to the Department. The Department may
1122	1122	21 require applicants to pay a separate fingerprinting fee,
1123	1123	22 either to the Department or to a vendor. The Department, in its
1124	1124	23 discretion, may allow an applicant who does not have
1125	1125	24 reasonable access to a designated vendor to provide his or her
1126	1126	25 fingerprints in an alternative manner. The Department may
1127	1127	26 adopt any rules necessary to implement this Section.
1128	1128
1129	1129
1130	1130
1131	1131
1132	1132
1133	1133	HB5040 - 31 - LRB103 37791 RTM 67920 b
1134	1134
1135	1135
1136	1136	HB5040- 32 -LRB103 37791 RTM 67920 b HB5040 - 32 - LRB103 37791 RTM 67920 b
1137	1137	HB5040 - 32 - LRB103 37791 RTM 67920 b
1138	1138	1 (Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;
1139	1139	2 102-813, eff. 5-13-22.)
1140	1140	3 (225 ILCS 57/45)
1141	1141	4 (Section scheduled to be repealed on January 1, 2027)
1142	1142	5 Sec. 45. Grounds for discipline.
1143	1143	6 (a) The Department may refuse to issue or renew, or may
1144	1144	7 revoke, suspend, place on probation, reprimand, or take other
1145	1145	8 disciplinary or non-disciplinary action, as the Department
1146	1146	9 considers appropriate, including the imposition of fines not
1147	1147	10 to exceed $10,000 for each violation, with regard to any
1148	1148	11 license or licensee for any one or more of the following:
1149	1149	12 (1) violations of this Act or of the rules adopted
1150	1150	13 under this Act;
1151	1151	14 (2) conviction by plea of guilty or nolo contendere,
1152	1152	15 finding of guilt, jury verdict, or entry of judgment or by
1153	1153	16 sentencing of any crime, including, but not limited to,
1154	1154	17 convictions, preceding sentences of supervision,
1155	1155	18 conditional discharge, or first offender probation, under
1156	1156	19 the laws of any jurisdiction of the United States: (i)
1157	1157	20 that is a felony; or (ii) that is a misdemeanor, an
1158	1158	21 essential element of which is dishonesty, or that is
1159	1159	22 directly related to the practice of the profession;
1160	1160	23 (3) professional incompetence;
1161	1161	24 (4) advertising in a false, deceptive, or misleading
1162	1162	25 manner, including failing to use the massage therapist's
1163	1163
1164	1164
1165	1165
1166	1166
1167	1167
1168	1168	HB5040 - 32 - LRB103 37791 RTM 67920 b
1169	1169
1170	1170
1171	1171	HB5040- 33 -LRB103 37791 RTM 67920 b HB5040 - 33 - LRB103 37791 RTM 67920 b
1172	1172	HB5040 - 33 - LRB103 37791 RTM 67920 b
1173	1173	1 own license number in an advertisement;
1174	1174	2 (5) aiding, abetting, assisting, procuring, advising,
1175	1175	3 employing, or contracting with any unlicensed person to
1176	1176	4 practice massage contrary to any rules or provisions of
1177	1177	5 this Act;
1178	1178	6 (6) engaging in immoral conduct in the commission of
1179	1179	7 any act, such as sexual abuse, sexual misconduct, or
1180	1180	8 sexual exploitation, related to the licensee's practice;
1181	1181	9 (7) engaging in dishonorable, unethical, or
1182	1182	10 unprofessional conduct of a character likely to deceive,
1183	1183	11 defraud, or harm the public;
1184	1184	12 (8) practicing or offering to practice beyond the
1185	1185	13 scope permitted by law or accepting and performing
1186	1186	14 professional responsibilities which the licensee knows or
1187	1187	15 has reason to know that he or she is not competent to
1188	1188	16 perform;
1189	1189	17 (9) knowingly delegating professional
1190	1190	18 responsibilities to a person unqualified by training,
1191	1191	19 experience, or licensure to perform;
1192	1192	20 (10) failing to provide information in response to a
1193	1193	21 written request made by the Department within 60 days;
1194	1194	22 (11) having a habitual or excessive use of or
1195	1195	23 addiction to alcohol, narcotics, stimulants, or any other
1196	1196	24 chemical agent or drug which results in the inability to
1197	1197	25 practice with reasonable judgment, skill, or safety;
1198	1198	26 (12) having a pattern of practice or other behavior
1199	1199
1200	1200
1201	1201
1202	1202
1203	1203
1204	1204	HB5040 - 33 - LRB103 37791 RTM 67920 b
1205	1205
1206	1206
1207	1207	HB5040- 34 -LRB103 37791 RTM 67920 b HB5040 - 34 - LRB103 37791 RTM 67920 b
1208	1208	HB5040 - 34 - LRB103 37791 RTM 67920 b
1209	1209	1 that demonstrates incapacity or incompetence to practice
1210	1210	2 under this Act;
1211	1211	3 (13) discipline by another state, District of
1212	1212	4 Columbia, territory, or foreign nation, if at least one of
1213	1213	5 the grounds for the discipline is the same or
1214	1214	6 substantially equivalent to those set forth in this
1215	1215	7 Section;
1216	1216	8 (14) a finding by the Department that the licensee,
1217	1217	9 after having his or her license placed on probationary
1218	1218	10 status, has violated the terms of probation;
1219	1219	11 (15) willfully making or filing false records or
1220	1220	12 reports in his or her practice, including, but not limited
1221	1221	13 to, false records filed with State agencies or
1222	1222	14 departments;
1223	1223	15 (16) making a material misstatement in furnishing
1224	1224	16 information to the Department or otherwise making
1225	1225	17 misleading, deceptive, untrue, or fraudulent
1226	1226	18 representations in violation of this Act or otherwise in
1227	1227	19 the practice of the profession;
1228	1228	20 (17) fraud or misrepresentation in applying for or
1229	1229	21 procuring a license under this Act or in connection with
1230	1230	22 applying for renewal of a license under this Act;
1231	1231	23 (18) inability to practice the profession with
1232	1232	24 reasonable judgment, skill, or safety as a result of
1233	1233	25 physical illness, including, but not limited to,
1234	1234	26 deterioration through the aging process, loss of motor
1235	1235
1236	1236
1237	1237
1238	1238
1239	1239
1240	1240	HB5040 - 34 - LRB103 37791 RTM 67920 b
1241	1241
1242	1242
1243	1243	HB5040- 35 -LRB103 37791 RTM 67920 b HB5040 - 35 - LRB103 37791 RTM 67920 b
1244	1244	HB5040 - 35 - LRB103 37791 RTM 67920 b
1245	1245	1 skill, or a mental illness or disability;
1246	1246	2 (19) charging for professional services not rendered,
1247	1247	3 including filing false statements for the collection of
1248	1248	4 fees for which services are not rendered;
1249	1249	5 (20) practicing under a false or, except as provided
1250	1250	6 by law, an assumed name; or
1251	1251	7 (21) cheating on or attempting to subvert the
1252	1252	8 licensing examination administered under this Act.
1253	1253	9 All fines shall be paid within 60 days of the effective
1254	1254	10 date of the order imposing the fine.
1255	1255	11 (a-5) Notwithstanding anything in this Act to the
1256	1256	12 contrary, a finding of guilt by a judge or jury, a guilty plea,
1257	1257	13 or plea of no contest entered after the effective date of this
1258	1258	14 amendatory Act of the 103rd General Assembly of any of the
1259	1259	15 offenses listed in subsection (a) or (a-1) of Section 25 of the
1260	1260	16 Health Care Worker Background Check Act, except for Section
1261	1261	17 16-25 of the Criminal Code of 2012, is a disqualifying
1262	1262	18 offense, and the individual's license shall be automatically
1263	1263	19 revoked when the Department is notified that the individual
1264	1264	20 has been found guilty or has pled guilty or no contest. The
1265	1265	21 individual may appeal the revocation to the Department only
1266	1266	22 upon the reversal of the criminal conviction.
1267	1267	23 (b) A person not licensed under this Act and engaged in the
1268	1268	24 business of offering massage therapy services through others,
1269	1269	25 shall not aid, abet, assist, procure, advise, employ, or
1270	1270	26 contract with any unlicensed person to practice massage
1271	1271
1272	1272
1273	1273
1274	1274
1275	1275
1276	1276	HB5040 - 35 - LRB103 37791 RTM 67920 b
1277	1277
1278	1278
1279	1279	HB5040- 36 -LRB103 37791 RTM 67920 b HB5040 - 36 - LRB103 37791 RTM 67920 b
1280	1280	HB5040 - 36 - LRB103 37791 RTM 67920 b
1281	1281	1 therapy contrary to any rules or provisions of this Act. A
1282	1282	2 person violating this subsection (b) shall be treated as a
1283	1283	3 licensee for the purposes of disciplinary action under this
1284	1284	4 Section and shall be subject to cease and desist orders as
1285	1285	5 provided in Section 90 of this Act.
1286	1286	6 (c) The Department shall revoke any license issued under
1287	1287	7 this Act of any person who is convicted of prostitution, rape,
1288	1288	8 sexual misconduct, or any crime that subjects the licensee to
1289	1289	9 compliance with the requirements of the Sex Offender
1290	1290	10 Registration Act and any such conviction shall operate as a
1291	1291	11 permanent bar in the State of Illinois to practice as a massage
1292	1292	12 therapist.
1293	1293	13 (d) The Department may refuse to issue or may suspend the
1294	1294	14 license of any person who fails to file a tax return, to pay
1295	1295	15 the tax, penalty, or interest shown in a filed tax return, or
1296	1296	16 to pay any final assessment of tax, penalty, or interest, as
1297	1297	17 required by any tax Act administered by the Illinois
1298	1298	18 Department of Revenue, until such time as the requirements of
1299	1299	19 the tax Act are satisfied in accordance with subsection (g) of
1300	1300	20 Section 2105-15 of the Civil Administrative Code of Illinois.
1301	1301	21 (e) (Blank).
1302	1302	22 (f) In cases where the Department of Healthcare and Family
1303	1303	23 Services has previously determined that a licensee or a
1304	1304	24 potential licensee is more than 30 days delinquent in the
1305	1305	25 payment of child support and has subsequently certified the
1306	1306	26 delinquency to the Department, the Department may refuse to
1307	1307
1308	1308
1309	1309
1310	1310
1311	1311
1312	1312	HB5040 - 36 - LRB103 37791 RTM 67920 b
1313	1313
1314	1314
1315	1315	HB5040- 37 -LRB103 37791 RTM 67920 b HB5040 - 37 - LRB103 37791 RTM 67920 b
1316	1316	HB5040 - 37 - LRB103 37791 RTM 67920 b
1317	1317	1 issue or renew or may revoke or suspend that person's license
1318	1318	2 or may take other disciplinary action against that person
1319	1319	3 based solely upon the certification of delinquency made by the
1320	1320	4 Department of Healthcare and Family Services in accordance
1321	1321	5 with item (5) of subsection (a) of Section 2105-15 of the Civil
1322	1322	6 Administrative Code of Illinois.
1323	1323	7 (g) The determination by a circuit court that a licensee
1324	1324	8 is subject to involuntary admission or judicial admission, as
1325	1325	9 provided in the Mental Health and Developmental Disabilities
1326	1326	10 Code, operates as an automatic suspension. The suspension will
1327	1327	11 end only upon a finding by a court that the patient is no
1328	1328	12 longer subject to involuntary admission or judicial admission
1329	1329	13 and the issuance of a court order so finding and discharging
1330	1330	14 the patient.
1331	1331	15 (h) In enforcing this Act, the Department or Board, upon a
1332	1332	16 showing of a possible violation, may compel an individual
1333	1333	17 licensed to practice under this Act, or who has applied for
1334	1334	18 licensure under this Act, to submit to a mental or physical
1335	1335	19 examination, or both, as required by and at the expense of the
1336	1336	20 Department. The Department or Board may order the examining
1337	1337	21 physician to present testimony concerning the mental or
1338	1338	22 physical examination of the licensee or applicant. No
1339	1339	23 information shall be excluded by reason of any common law or
1340	1340	24 statutory privilege relating to communications between the
1341	1341	25 licensee or applicant and the examining physician. The
1342	1342	26 examining physicians shall be specifically designated by the
1343	1343
1344	1344
1345	1345
1346	1346
1347	1347
1348	1348	HB5040 - 37 - LRB103 37791 RTM 67920 b
1349	1349
1350	1350
1351	1351	HB5040- 38 -LRB103 37791 RTM 67920 b HB5040 - 38 - LRB103 37791 RTM 67920 b
1352	1352	HB5040 - 38 - LRB103 37791 RTM 67920 b
1353	1353	1 Board or Department. The individual to be examined may have,
1354	1354	2 at his or her own expense, another physician of his or her
1355	1355	3 choice present during all aspects of this examination. The
1356	1356	4 examination shall be performed by a physician licensed to
1357	1357	5 practice medicine in all its branches. Failure of an
1358	1358	6 individual to submit to a mental or physical examination, when
1359	1359	7 directed, shall result in an automatic suspension without
1360	1360	8 hearing.
1361	1361	9 A person holding a license under this Act or who has
1362	1362	10 applied for a license under this Act who, because of a physical
1363	1363	11 or mental illness or disability, including, but not limited
1364	1364	12 to, deterioration through the aging process or loss of motor
1365	1365	13 skill, is unable to practice the profession with reasonable
1366	1366	14 judgment, skill, or safety, may be required by the Department
1367	1367	15 to submit to care, counseling, or treatment by physicians
1368	1368	16 approved or designated by the Department as a condition, term,
1369	1369	17 or restriction for continued, reinstated, or renewed licensure
1370	1370	18 to practice. Submission to care, counseling, or treatment as
1371	1371	19 required by the Department shall not be considered discipline
1372	1372	20 of a license. If the licensee refuses to enter into a care,
1373	1373	21 counseling, or treatment agreement or fails to abide by the
1374	1374	22 terms of the agreement, the Department may file a complaint to
1375	1375	23 revoke, suspend, or otherwise discipline the license of the
1376	1376	24 individual. The Secretary may order the license suspended
1377	1377	25 immediately, pending a hearing by the Department. Fines shall
1378	1378	26 not be assessed in disciplinary actions involving physical or
1379	1379
1380	1380
1381	1381
1382	1382
1383	1383
1384	1384	HB5040 - 38 - LRB103 37791 RTM 67920 b
1385	1385
1386	1386
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1388	1388	HB5040 - 39 - LRB103 37791 RTM 67920 b
1389	1389	1 mental illness or impairment.
1390	1390	2 In instances in which the Secretary immediately suspends a
1391	1391	3 person's license under this Section, a hearing on that
1392	1392	4 person's license must be convened by the Department within 15
1393	1393	5 days after the suspension and completed without appreciable
1394	1394	6 delay. The Department and Board shall have the authority to
1395	1395	7 review the subject individual's record of treatment and
1396	1396	8 counseling regarding the impairment to the extent permitted by
1397	1397	9 applicable federal statutes and regulations safeguarding the
1398	1398	10 confidentiality of medical records.
1399	1399	11 An individual licensed under this Act and affected under
1400	1400	12 this Section shall be afforded an opportunity to demonstrate
1401	1401	13 to the Department or Board that he or she can resume practice
1402	1402	14 in compliance with acceptable and prevailing standards under
1403	1403	15 the provisions of his or her license.
1404	1404	16 (Source: P.A. 102-20, eff. 1-1-22.)
1405	1405	17 Section 30. The Medical Practice Act of 1987 is amended by
1406	1406	18 changing Sections 9.7 and 22 as follows:
1407	1407	19 (225 ILCS 60/9.7)
1408	1408	20 (Section scheduled to be repealed on January 1, 2027)
1409	1409	21 Sec. 9.7. Criminal history records background check. Each
1410	1410	22 applicant for licensure or permit under Sections 9, 18, and 19
1411	1411	23 shall have his or her fingerprints submitted to the Illinois
1412	1412	24 State Police in an electronic format that complies with the
1413	1413
1414	1414
1415	1415
1416	1416
1417	1417
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1419	1419
1420	1420
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1423	1423	1 form and manner for requesting and furnishing criminal history
1424	1424	2 record information as prescribed by the Illinois State Police.
1425	1425	3 These fingerprints shall be checked prior to the Department
1426	1426	4 issuing or renewing a license against the Illinois State
1427	1427	5 Police and Federal Bureau of Investigation criminal history
1428	1428	6 record databases now and hereafter filed. The Illinois State
1429	1429	7 Police shall charge applicants a fee for conducting the
1430	1430	8 criminal history records check, which shall be deposited into
1431	1431	9 the State Police Services Fund and shall not exceed the actual
1432	1432	10 cost of the records check. The Illinois State Police shall
1433	1433	11 furnish, pursuant to positive identification, records of
1434	1434	12 Illinois convictions to the Department. The Department may
1435	1435	13 require applicants to pay a separate fingerprinting fee,
1436	1436	14 either to the Department or to a Department designated or
1437	1437	15 approved vendor. The Department, in its discretion, may allow
1438	1438	16 an applicant who does not have reasonable access to a
1439	1439	17 designated vendor to provide his or her fingerprints in an
1440	1440	18 alternative manner. The Department may adopt any rules
1441	1441	19 necessary to implement this Section.
1442	1442	20 (Source: P.A. 102-538, eff. 8-20-21.)
1443	1443	21 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
1444	1444	22 (Section scheduled to be repealed on January 1, 2027)
1445	1445	23 Sec. 22. Disciplinary action.
1446	1446	24 (A) The Department may revoke, suspend, place on
1447	1447	25 probation, reprimand, refuse to issue or renew, or take any
1448	1448
1449	1449
1450	1450
1451	1451
1452	1452
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1454	1454
1455	1455
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1457	1457	HB5040 - 41 - LRB103 37791 RTM 67920 b
1458	1458	1 other disciplinary or non-disciplinary action as the
1459	1459	2 Department may deem proper with regard to the license or
1460	1460	3 permit of any person issued under this Act, including imposing
1461	1461	4 fines not to exceed $10,000 for each violation, upon any of the
1462	1462	5 following grounds:
1463	1463	6 (1) (Blank).
1464	1464	7 (2) (Blank).
1465	1465	8 (3) A plea of guilty or nolo contendere, finding of
1466	1466	9 guilt, jury verdict, or entry of judgment or sentencing,
1467	1467	10 including, but not limited to, convictions, preceding
1468	1468	11 sentences of supervision, conditional discharge, or first
1469	1469	12 offender probation, under the laws of any jurisdiction of
1470	1470	13 the United States of any crime that is a felony.
1471	1471	14 (4) Gross negligence in practice under this Act.
1472	1472	15 (5) Engaging in dishonorable, unethical, or
1473	1473	16 unprofessional conduct of a character likely to deceive,
1474	1474	17 defraud, or harm the public.
1475	1475	18 (6) Obtaining any fee by fraud, deceit, or
1476	1476	19 misrepresentation.
1477	1477	20 (7) Habitual or excessive use or abuse of drugs
1478	1478	21 defined in law as controlled substances, of alcohol, or of
1479	1479	22 any other substances which results in the inability to
1480	1480	23 practice with reasonable judgment, skill, or safety.
1481	1481	24 (8) Practicing under a false or, except as provided by
1482	1482	25 law, an assumed name.
1483	1483	26 (9) Fraud or misrepresentation in applying for, or
1484	1484
1485	1485
1486	1486
1487	1487
1488	1488
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1490	1490
1491	1491
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1493	1493	HB5040 - 42 - LRB103 37791 RTM 67920 b
1494	1494	1 procuring, a license under this Act or in connection with
1495	1495	2 applying for renewal of a license under this Act.
1496	1496	3 (10) Making a false or misleading statement regarding
1497	1497	4 their skill or the efficacy or value of the medicine,
1498	1498	5 treatment, or remedy prescribed by them at their direction
1499	1499	6 in the treatment of any disease or other condition of the
1500	1500	7 body or mind.
1501	1501	8 (11) Allowing another person or organization to use
1502	1502	9 their license, procured under this Act, to practice.
1503	1503	10 (12) Adverse action taken by another state or
1504	1504	11 jurisdiction against a license or other authorization to
1505	1505	12 practice as a medical doctor, doctor of osteopathy, doctor
1506	1506	13 of osteopathic medicine, or doctor of chiropractic, a
1507	1507	14 certified copy of the record of the action taken by the
1508	1508	15 other state or jurisdiction being prima facie evidence
1509	1509	16 thereof. This includes any adverse action taken by a State
1510	1510	17 or federal agency that prohibits a medical doctor, doctor
1511	1511	18 of osteopathy, doctor of osteopathic medicine, or doctor
1512	1512	19 of chiropractic from providing services to the agency's
1513	1513	20 participants.
1514	1514	21 (13) Violation of any provision of this Act or of the
1515	1515	22 Medical Practice Act prior to the repeal of that Act, or
1516	1516	23 violation of the rules, or a final administrative action
1517	1517	24 of the Secretary, after consideration of the
1518	1518	25 recommendation of the Medical Board.
1519	1519	26 (14) Violation of the prohibition against fee
1520	1520
1521	1521
1522	1522
1523	1523
1524	1524
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1526	1526
1527	1527
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1529	1529	HB5040 - 43 - LRB103 37791 RTM 67920 b
1530	1530	1 splitting in Section 22.2 of this Act.
1531	1531	2 (15) A finding by the Medical Board that the
1532	1532	3 registrant after having his or her license placed on
1533	1533	4 probationary status or subjected to conditions or
1534	1534	5 restrictions violated the terms of the probation or failed
1535	1535	6 to comply with such terms or conditions.
1536	1536	7 (16) Abandonment of a patient.
1537	1537	8 (17) Prescribing, selling, administering,
1538	1538	9 distributing, giving, or self-administering any drug
1539	1539	10 classified as a controlled substance (designated product)
1540	1540	11 or narcotic for other than medically accepted therapeutic
1541	1541	12 purposes.
1542	1542	13 (18) Promotion of the sale of drugs, devices,
1543	1543	14 appliances, or goods provided for a patient in such manner
1544	1544	15 as to exploit the patient for financial gain of the
1545	1545	16 physician.
1546	1546	17 (19) Offering, undertaking, or agreeing to cure or
1547	1547	18 treat disease by a secret method, procedure, treatment, or
1548	1548	19 medicine, or the treating, operating, or prescribing for
1549	1549	20 any human condition by a method, means, or procedure which
1550	1550	21 the licensee refuses to divulge upon demand of the
1551	1551	22 Department.
1552	1552	23 (20) Immoral conduct in the commission of any act
1553	1553	24 including, but not limited to, commission of an act of
1554	1554	25 sexual misconduct related to the licensee's practice.
1555	1555	26 (21) Willfully making or filing false records or
1556	1556
1557	1557
1558	1558
1559	1559
1560	1560
1561	1561	HB5040 - 43 - LRB103 37791 RTM 67920 b
1562	1562
1563	1563
1564	1564	HB5040- 44 -LRB103 37791 RTM 67920 b HB5040 - 44 - LRB103 37791 RTM 67920 b
1565	1565	HB5040 - 44 - LRB103 37791 RTM 67920 b
1566	1566	1 reports in his or her practice as a physician, including,
1567	1567	2 but not limited to, false records to support claims
1568	1568	3 against the medical assistance program of the Department
1569	1569	4 of Healthcare and Family Services (formerly Department of
1570	1570	5 Public Aid) under the Illinois Public Aid Code.
1571	1571	6 (22) Willful omission to file or record, or willfully
1572	1572	7 impeding the filing or recording, or inducing another
1573	1573	8 person to omit to file or record, medical reports as
1574	1574	9 required by law, or willfully failing to report an
1575	1575	10 instance of suspected abuse or neglect as required by law.
1576	1576	11 (23) Being named as a perpetrator in an indicated
1577	1577	12 report by the Department of Children and Family Services
1578	1578	13 under the Abused and Neglected Child Reporting Act, and
1579	1579	14 upon proof by clear and convincing evidence that the
1580	1580	15 licensee has caused a child to be an abused child or
1581	1581	16 neglected child as defined in the Abused and Neglected
1582	1582	17 Child Reporting Act.
1583	1583	18 (24) Solicitation of professional patronage by any
1584	1584	19 corporation, agents, or persons, or profiting from those
1585	1585	20 representing themselves to be agents of the licensee.
1586	1586	21 (25) Gross and willful and continued overcharging for
1587	1587	22 professional services, including filing false statements
1588	1588	23 for collection of fees for which services are not
1589	1589	24 rendered, including, but not limited to, filing such false
1590	1590	25 statements for collection of monies for services not
1591	1591	26 rendered from the medical assistance program of the
1592	1592
1593	1593
1594	1594
1595	1595
1596	1596
1597	1597	HB5040 - 44 - LRB103 37791 RTM 67920 b
1598	1598
1599	1599
1600	1600	HB5040- 45 -LRB103 37791 RTM 67920 b HB5040 - 45 - LRB103 37791 RTM 67920 b
1601	1601	HB5040 - 45 - LRB103 37791 RTM 67920 b
1602	1602	1 Department of Healthcare and Family Services (formerly
1603	1603	2 Department of Public Aid) under the Illinois Public Aid
1604	1604	3 Code.
1605	1605	4 (26) A pattern of practice or other behavior which
1606	1606	5 demonstrates incapacity or incompetence to practice under
1607	1607	6 this Act.
1608	1608	7 (27) Mental illness or disability which results in the
1609	1609	8 inability to practice under this Act with reasonable
1610	1610	9 judgment, skill, or safety.
1611	1611	10 (28) Physical illness, including, but not limited to,
1612	1612	11 deterioration through the aging process, or loss of motor
1613	1613	12 skill which results in a physician's inability to practice
1614	1614	13 under this Act with reasonable judgment, skill, or safety.
1615	1615	14 (29) Cheating on or attempting to subvert the
1616	1616	15 licensing examinations administered under this Act.
1617	1617	16 (30) Willfully or negligently violating the
1618	1618	17 confidentiality between physician and patient except as
1619	1619	18 required by law.
1620	1620	19 (31) The use of any false, fraudulent, or deceptive
1621	1621	20 statement in any document connected with practice under
1622	1622	21 this Act.
1623	1623	22 (32) Aiding and abetting an individual not licensed
1624	1624	23 under this Act in the practice of a profession licensed
1625	1625	24 under this Act.
1626	1626	25 (33) Violating State or federal laws or regulations
1627	1627	26 relating to controlled substances, legend drugs, or
1628	1628
1629	1629
1630	1630
1631	1631
1632	1632
1633	1633	HB5040 - 45 - LRB103 37791 RTM 67920 b
1634	1634
1635	1635
1636	1636	HB5040- 46 -LRB103 37791 RTM 67920 b HB5040 - 46 - LRB103 37791 RTM 67920 b
1637	1637	HB5040 - 46 - LRB103 37791 RTM 67920 b
1638	1638	1 ephedra as defined in the Ephedra Prohibition Act.
1639	1639	2 (34) Failure to report to the Department any adverse
1640	1640	3 final action taken against them by another licensing
1641	1641	4 jurisdiction (any other state or any territory of the
1642	1642	5 United States or any foreign state or country), by any
1643	1643	6 peer review body, by any health care institution, by any
1644	1644	7 professional society or association related to practice
1645	1645	8 under this Act, by any governmental agency, by any law
1646	1646	9 enforcement agency, or by any court for acts or conduct
1647	1647	10 similar to acts or conduct which would constitute grounds
1648	1648	11 for action as defined in this Section.
1649	1649	12 (35) Failure to report to the Department surrender of
1650	1650	13 a license or authorization to practice as a medical
1651	1651	14 doctor, a doctor of osteopathy, a doctor of osteopathic
1652	1652	15 medicine, or doctor of chiropractic in another state or
1653	1653	16 jurisdiction, or surrender of membership on any medical
1654	1654	17 staff or in any medical or professional association or
1655	1655	18 society, while under disciplinary investigation by any of
1656	1656	19 those authorities or bodies, for acts or conduct similar
1657	1657	20 to acts or conduct which would constitute grounds for
1658	1658	21 action as defined in this Section.
1659	1659	22 (36) Failure to report to the Department any adverse
1660	1660	23 judgment, settlement, or award arising from a liability
1661	1661	24 claim related to acts or conduct similar to acts or
1662	1662	25 conduct which would constitute grounds for action as
1663	1663	26 defined in this Section.
1664	1664
1665	1665
1666	1666
1667	1667
1668	1668
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1670	1670
1671	1671
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1673	1673	HB5040 - 47 - LRB103 37791 RTM 67920 b
1674	1674	1 (37) Failure to provide copies of medical records as
1675	1675	2 required by law.
1676	1676	3 (38) Failure to furnish the Department, its
1677	1677	4 investigators or representatives, relevant information,
1678	1678	5 legally requested by the Department after consultation
1679	1679	6 with the Chief Medical Coordinator or the Deputy Medical
1680	1680	7 Coordinator.
1681	1681	8 (39) Violating the Health Care Worker Self-Referral
1682	1682	9 Act.
1683	1683	10 (40) (Blank).
1684	1684	11 (41) Failure to establish and maintain records of
1685	1685	12 patient care and treatment as required by this law.
1686	1686	13 (42) Entering into an excessive number of written
1687	1687	14 collaborative agreements with licensed advanced practice
1688	1688	15 registered nurses resulting in an inability to adequately
1689	1689	16 collaborate.
1690	1690	17 (43) Repeated failure to adequately collaborate with a
1691	1691	18 licensed advanced practice registered nurse.
1692	1692	19 (44) Violating the Compassionate Use of Medical
1693	1693	20 Cannabis Program Act.
1694	1694	21 (45) Entering into an excessive number of written
1695	1695	22 collaborative agreements with licensed prescribing
1696	1696	23 psychologists resulting in an inability to adequately
1697	1697	24 collaborate.
1698	1698	25 (46) Repeated failure to adequately collaborate with a
1699	1699	26 licensed prescribing psychologist.
1700	1700
1701	1701
1702	1702
1703	1703
1704	1704
1705	1705	HB5040 - 47 - LRB103 37791 RTM 67920 b
1706	1706
1707	1707
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1709	1709	HB5040 - 48 - LRB103 37791 RTM 67920 b
1710	1710	1 (47) Willfully failing to report an instance of
1711	1711	2 suspected abuse, neglect, financial exploitation, or
1712	1712	3 self-neglect of an eligible adult as defined in and
1713	1713	4 required by the Adult Protective Services Act.
1714	1714	5 (48) Being named as an abuser in a verified report by
1715	1715	6 the Department on Aging under the Adult Protective
1716	1716	7 Services Act, and upon proof by clear and convincing
1717	1717	8 evidence that the licensee abused, neglected, or
1718	1718	9 financially exploited an eligible adult as defined in the
1719	1719	10 Adult Protective Services Act.
1720	1720	11 (49) Entering into an excessive number of written
1721	1721	12 collaborative agreements with licensed physician
1722	1722	13 assistants resulting in an inability to adequately
1723	1723	14 collaborate.
1724	1724	15 (50) Repeated failure to adequately collaborate with a
1725	1725	16 physician assistant.
1726	1726	17 Except for actions involving the ground numbered (26), all
1727	1727	18 proceedings to suspend, revoke, place on probationary status,
1728	1728	19 or take any other disciplinary action as the Department may
1729	1729	20 deem proper, with regard to a license on any of the foregoing
1730	1730	21 grounds, must be commenced within 5 years next after receipt
1731	1731	22 by the Department of a complaint alleging the commission of or
1732	1732	23 notice of the conviction order for any of the acts described
1733	1733	24 herein. Except for the grounds numbered (8), (9), (26), and
1734	1734	25 (29), no action shall be commenced more than 10 years after the
1735	1735	26 date of the incident or act alleged to have violated this
1736	1736
1737	1737
1738	1738
1739	1739
1740	1740
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1742	1742
1743	1743
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1745	1745	HB5040 - 49 - LRB103 37791 RTM 67920 b
1746	1746	1 Section. For actions involving the ground numbered (26), a
1747	1747	2 pattern of practice or other behavior includes all incidents
1748	1748	3 alleged to be part of the pattern of practice or other behavior
1749	1749	4 that occurred, or a report pursuant to Section 23 of this Act
1750	1750	5 received, within the 10-year period preceding the filing of
1751	1751	6 the complaint. In the event of the settlement of any claim or
1752	1752	7 cause of action in favor of the claimant or the reduction to
1753	1753	8 final judgment of any civil action in favor of the plaintiff,
1754	1754	9 such claim, cause of action, or civil action being grounded on
1755	1755	10 the allegation that a person licensed under this Act was
1756	1756	11 negligent in providing care, the Department shall have an
1757	1757	12 additional period of 2 years from the date of notification to
1758	1758	13 the Department under Section 23 of this Act of such settlement
1759	1759	14 or final judgment in which to investigate and commence formal
1760	1760	15 disciplinary proceedings under Section 36 of this Act, except
1761	1761	16 as otherwise provided by law. The time during which the holder
1762	1762	17 of the license was outside the State of Illinois shall not be
1763	1763	18 included within any period of time limiting the commencement
1764	1764	19 of disciplinary action by the Department.
1765	1765	20 The entry of an order or judgment by any circuit court
1766	1766	21 establishing that any person holding a license under this Act
1767	1767	22 is a person in need of mental treatment operates as a
1768	1768	23 suspension of that license. That person may resume his or her
1769	1769	24 practice only upon the entry of a Departmental order based
1770	1770	25 upon a finding by the Medical Board that the person has been
1771	1771	26 determined to be recovered from mental illness by the court
1772	1772
1773	1773
1774	1774
1775	1775
1776	1776
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1778	1778
1779	1779
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1781	1781	HB5040 - 50 - LRB103 37791 RTM 67920 b
1782	1782	1 and upon the Medical Board's recommendation that the person be
1783	1783	2 permitted to resume his or her practice.
1784	1784	3 The Department may refuse to issue or take disciplinary
1785	1785	4 action concerning the license of any person who fails to file a
1786	1786	5 return, or to pay the tax, penalty, or interest shown in a
1787	1787	6 filed return, or to pay any final assessment of tax, penalty,
1788	1788	7 or interest, as required by any tax Act administered by the
1789	1789	8 Illinois Department of Revenue, until such time as the
1790	1790	9 requirements of any such tax Act are satisfied as determined
1791	1791	10 by the Illinois Department of Revenue.
1792	1792	11 The Department, upon the recommendation of the Medical
1793	1793	12 Board, shall adopt rules which set forth standards to be used
1794	1794	13 in determining:
1795	1795	14 (a) when a person will be deemed sufficiently
1796	1796	15 rehabilitated to warrant the public trust;
1797	1797	16 (b) what constitutes dishonorable, unethical, or
1798	1798	17 unprofessional conduct of a character likely to deceive,
1799	1799	18 defraud, or harm the public;
1800	1800	19 (c) what constitutes immoral conduct in the commission
1801	1801	20 of any act, including, but not limited to, commission of
1802	1802	21 an act of sexual misconduct related to the licensee's
1803	1803	22 practice; and
1804	1804	23 (d) what constitutes gross negligence in the practice
1805	1805	24 of medicine.
1806	1806	25 However, no such rule shall be admissible into evidence in
1807	1807	26 any civil action except for review of a licensing or other
1808	1808
1809	1809
1810	1810
1811	1811
1812	1812
1813	1813	HB5040 - 50 - LRB103 37791 RTM 67920 b
1814	1814
1815	1815
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1817	1817	HB5040 - 51 - LRB103 37791 RTM 67920 b
1818	1818	1 disciplinary action under this Act.
1819	1819	2 In enforcing this Section, the Medical Board, upon a
1820	1820	3 showing of a possible violation, may compel any individual who
1821	1821	4 is licensed to practice under this Act or holds a permit to
1822	1822	5 practice under this Act, or any individual who has applied for
1823	1823	6 licensure or a permit pursuant to this Act, to submit to a
1824	1824	7 mental or physical examination and evaluation, or both, which
1825	1825	8 may include a substance abuse or sexual offender evaluation,
1826	1826	9 as required by the Medical Board and at the expense of the
1827	1827	10 Department. The Medical Board shall specifically designate the
1828	1828	11 examining physician licensed to practice medicine in all of
1829	1829	12 its branches or, if applicable, the multidisciplinary team
1830	1830	13 involved in providing the mental or physical examination and
1831	1831	14 evaluation, or both. The multidisciplinary team shall be led
1832	1832	15 by a physician licensed to practice medicine in all of its
1833	1833	16 branches and may consist of one or more or a combination of
1834	1834	17 physicians licensed to practice medicine in all of its
1835	1835	18 branches, licensed chiropractic physicians, licensed clinical
1836	1836	19 psychologists, licensed clinical social workers, licensed
1837	1837	20 clinical professional counselors, and other professional and
1838	1838	21 administrative staff. Any examining physician or member of the
1839	1839	22 multidisciplinary team may require any person ordered to
1840	1840	23 submit to an examination and evaluation pursuant to this
1841	1841	24 Section to submit to any additional supplemental testing
1842	1842	25 deemed necessary to complete any examination or evaluation
1843	1843	26 process, including, but not limited to, blood testing,
1844	1844
1845	1845
1846	1846
1847	1847
1848	1848
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1850	1850
1851	1851
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1853	1853	HB5040 - 52 - LRB103 37791 RTM 67920 b
1854	1854	1 urinalysis, psychological testing, or neuropsychological
1855	1855	2 testing. The Medical Board or the Department may order the
1856	1856	3 examining physician or any member of the multidisciplinary
1857	1857	4 team to provide to the Department or the Medical Board any and
1858	1858	5 all records, including business records, that relate to the
1859	1859	6 examination and evaluation, including any supplemental testing
1860	1860	7 performed. The Medical Board or the Department may order the
1861	1861	8 examining physician or any member of the multidisciplinary
1862	1862	9 team to present testimony concerning this examination and
1863	1863	10 evaluation of the licensee, permit holder, or applicant,
1864	1864	11 including testimony concerning any supplemental testing or
1865	1865	12 documents relating to the examination and evaluation. No
1866	1866	13 information, report, record, or other documents in any way
1867	1867	14 related to the examination and evaluation shall be excluded by
1868	1868	15 reason of any common law or statutory privilege relating to
1869	1869	16 communication between the licensee, permit holder, or
1870	1870	17 applicant and the examining physician or any member of the
1871	1871	18 multidisciplinary team. No authorization is necessary from the
1872	1872	19 licensee, permit holder, or applicant ordered to undergo an
1873	1873	20 evaluation and examination for the examining physician or any
1874	1874	21 member of the multidisciplinary team to provide information,
1875	1875	22 reports, records, or other documents or to provide any
1876	1876	23 testimony regarding the examination and evaluation. The
1877	1877	24 individual to be examined may have, at his or her own expense,
1878	1878	25 another physician of his or her choice present during all
1879	1879	26 aspects of the examination. Failure of any individual to
1880	1880
1881	1881
1882	1882
1883	1883
1884	1884
1885	1885	HB5040 - 52 - LRB103 37791 RTM 67920 b
1886	1886
1887	1887
1888	1888	HB5040- 53 -LRB103 37791 RTM 67920 b HB5040 - 53 - LRB103 37791 RTM 67920 b
1889	1889	HB5040 - 53 - LRB103 37791 RTM 67920 b
1890	1890	1 submit to mental or physical examination and evaluation, or
1891	1891	2 both, when directed, shall result in an automatic suspension,
1892	1892	3 without hearing, until such time as the individual submits to
1893	1893	4 the examination. If the Medical Board finds a physician unable
1894	1894	5 to practice following an examination and evaluation because of
1895	1895	6 the reasons set forth in this Section, the Medical Board shall
1896	1896	7 require such physician to submit to care, counseling, or
1897	1897	8 treatment by physicians, or other health care professionals,
1898	1898	9 approved or designated by the Medical Board, as a condition
1899	1899	10 for issued, continued, reinstated, or renewed licensure to
1900	1900	11 practice. Any physician, whose license was granted pursuant to
1901	1901	12 Section 9, 17, or 19 of this Act, or, continued, reinstated,
1902	1902	13 renewed, disciplined, or supervised, subject to such terms,
1903	1903	14 conditions, or restrictions who shall fail to comply with such
1904	1904	15 terms, conditions, or restrictions, or to complete a required
1905	1905	16 program of care, counseling, or treatment, as determined by
1906	1906	17 the Chief Medical Coordinator or Deputy Medical Coordinators,
1907	1907	18 shall be referred to the Secretary for a determination as to
1908	1908	19 whether the licensee shall have his or her license suspended
1909	1909	20 immediately, pending a hearing by the Medical Board. In
1910	1910	21 instances in which the Secretary immediately suspends a
1911	1911	22 license under this Section, a hearing upon such person's
1912	1912	23 license must be convened by the Medical Board within 15 days
1913	1913	24 after such suspension and completed without appreciable delay.
1914	1914	25 The Medical Board shall have the authority to review the
1915	1915	26 subject physician's record of treatment and counseling
1916	1916
1917	1917
1918	1918
1919	1919
1920	1920
1921	1921	HB5040 - 53 - LRB103 37791 RTM 67920 b
1922	1922
1923	1923
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1925	1925	HB5040 - 54 - LRB103 37791 RTM 67920 b
1926	1926	1 regarding the impairment, to the extent permitted by
1927	1927	2 applicable federal statutes and regulations safeguarding the
1928	1928	3 confidentiality of medical records.
1929	1929	4 An individual licensed under this Act, affected under this
1930	1930	5 Section, shall be afforded an opportunity to demonstrate to
1931	1931	6 the Medical Board that he or she can resume practice in
1932	1932	7 compliance with acceptable and prevailing standards under the
1933	1933	8 provisions of his or her license.
1934	1934	9 The Medical Board, in determining mental capacity of an
1935	1935	10 individual licensed under this Act, shall consider the latest
1936	1936	11 recommendations of the Federation of State Medical Boards.
1937	1937	12 The Department may promulgate rules for the imposition of
1938	1938	13 fines in disciplinary cases, not to exceed $10,000 for each
1939	1939	14 violation of this Act. Fines may be imposed in conjunction
1940	1940	15 with other forms of disciplinary action, but shall not be the
1941	1941	16 exclusive disposition of any disciplinary action arising out
1942	1942	17 of conduct resulting in death or injury to a patient. Any funds
1943	1943	18 collected from such fines shall be deposited in the Illinois
1944	1944	19 State Medical Disciplinary Fund.
1945	1945	20 All fines imposed under this Section shall be paid within
1946	1946	21 60 days after the effective date of the order imposing the fine
1947	1947	22 or in accordance with the terms set forth in the order imposing
1948	1948	23 the fine.
1949	1949	24 (B) The Department shall revoke the license or permit
1950	1950	25 issued under this Act to practice medicine or a chiropractic
1951	1951	26 physician who has been convicted a second time of committing
1952	1952
1953	1953
1954	1954
1955	1955
1956	1956
1957	1957	HB5040 - 54 - LRB103 37791 RTM 67920 b
1958	1958
1959	1959
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1961	1961	HB5040 - 55 - LRB103 37791 RTM 67920 b
1962	1962	1 any felony under the Illinois Controlled Substances Act or the
1963	1963	2 Methamphetamine Control and Community Protection Act, or who
1964	1964	3 has been convicted a second time of committing a Class 1 felony
1965	1965	4 under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
1966	1966	5 person whose license or permit is revoked under this
1967	1967	6 subsection B shall be prohibited from practicing medicine or
1968	1968	7 treating human ailments without the use of drugs and without
1969	1969	8 operative surgery.
1970	1970	9 (C) The Department shall not revoke, suspend, place on
1971	1971	10 probation, reprimand, refuse to issue or renew, or take any
1972	1972	11 other disciplinary or non-disciplinary action against the
1973	1973	12 license or permit issued under this Act to practice medicine
1974	1974	13 to a physician:
1975	1975	14 (1) based solely upon the recommendation of the
1976	1976	15 physician to an eligible patient regarding, or
1977	1977	16 prescription for, or treatment with, an investigational
1978	1978	17 drug, biological product, or device;
1979	1979	18 (2) for experimental treatment for Lyme disease or
1980	1980	19 other tick-borne diseases, including, but not limited to,
1981	1981	20 the prescription of or treatment with long-term
1982	1982	21 antibiotics;
1983	1983	22 (3) based solely upon the physician providing,
1984	1984	23 authorizing, recommending, aiding, assisting, referring
1985	1985	24 for, or otherwise participating in any health care
1986	1986	25 service, so long as the care was not unlawful under the
1987	1987	26 laws of this State, regardless of whether the patient was
1988	1988
1989	1989
1990	1990
1991	1991
1992	1992
1993	1993	HB5040 - 55 - LRB103 37791 RTM 67920 b
1994	1994
1995	1995
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1997	1997	HB5040 - 56 - LRB103 37791 RTM 67920 b
1998	1998	1 a resident of this State or another state; or
1999	1999	2 (4) based upon the physician's license being revoked
2000	2000	3 or suspended, or the physician being otherwise disciplined
2001	2001	4 by any other state, if that revocation, suspension, or
2002	2002	5 other form of discipline was based solely on the physician
2003	2003	6 violating another state's laws prohibiting the provision
2004	2004	7 of, authorization of, recommendation of, aiding or
2005	2005	8 assisting in, referring for, or participation in any
2006	2006	9 health care service if that health care service as
2007	2007	10 provided would not have been unlawful under the laws of
2008	2008	11 this State and is consistent with the standards of conduct
2009	2009	12 for the physician if it occurred in Illinois.
2010	2010	13 (D) (Blank).
2011	2011	14 (E) The conduct specified in subsection (C) shall not
2012	2012	15 trigger reporting requirements under Section 23, constitute
2013	2013	16 grounds for suspension under Section 25, or be included on the
2014	2014	17 physician's profile required under Section 10 of the Patients'
2015	2015	18 Right to Know Act.
2016	2016	19 (F) An applicant seeking licensure, certification, or
2017	2017	20 authorization pursuant to this Act and who has been subject to
2018	2018	21 disciplinary action by a duly authorized professional
2019	2019	22 disciplinary agency of another jurisdiction solely on the
2020	2020	23 basis of having provided, authorized, recommended, aided,
2021	2021	24 assisted, referred for, or otherwise participated in health
2022	2022	25 care shall not be denied such licensure, certification, or
2023	2023	26 authorization, unless the Department determines that the
2024	2024
2025	2025
2026	2026
2027	2027
2028	2028
2029	2029	HB5040 - 56 - LRB103 37791 RTM 67920 b
2030	2030
2031	2031
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2033	2033	HB5040 - 57 - LRB103 37791 RTM 67920 b
2034	2034	1 action would have constituted professional misconduct in this
2035	2035	2 State; however, nothing in this Section shall be construed as
2036	2036	3 prohibiting the Department from evaluating the conduct of the
2037	2037	4 applicant and making a determination regarding the licensure,
2038	2038	5 certification, or authorization to practice a profession under
2039	2039	6 this Act.
2040	2040	7 (G) The Department may adopt rules to implement the
2041	2041	8 changes made by this amendatory Act of the 102nd General
2042	2042	9 Assembly.
2043	2043	10 (H) Notwithstanding anything in this Act to the contrary,
2044	2044	11 a finding of guilt by a judge or jury, a guilty plea, or plea
2045	2045	12 of no contest entered after the effective date of this
2046	2046	13 amendatory Act of the 103rd General Assembly of any of the
2047	2047	14 offenses listed in subsection (a) or (a-1) of Section 25 of the
2048	2048	15 Health Care Worker Background Check Act, except for Section
2049	2049	16 16-25 of the Criminal Code of 2012, is a disqualifying
2050	2050	17 offense, and the individual's license shall be automatically
2051	2051	18 revoked when the Department is notified that the individual
2052	2052	19 has been found guilty or has pled guilty or no contest. The
2053	2053	20 individual may appeal the revocation to the Department only
2054	2054	21 upon the reversal of the criminal conviction.
2055	2055	22 (Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21;
2056	2056	23 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff.
2057	2057	24 1-1-24.)
2058	2058	25 Section 35. The Nurse Practice Act is amended by changing
2059	2059
2060	2060
2061	2061
2062	2062
2063	2063
2064	2064	HB5040 - 57 - LRB103 37791 RTM 67920 b
2065	2065
2066	2066
2067	2067	HB5040- 58 -LRB103 37791 RTM 67920 b HB5040 - 58 - LRB103 37791 RTM 67920 b
2068	2068	HB5040 - 58 - LRB103 37791 RTM 67920 b
2069	2069	1 Sections 50-35 and 70-5 as follows:
2070	2070	2 (225 ILCS 65/50-35) (was 225 ILCS 65/5-23)
2071	2071	3 (Section scheduled to be repealed on January 1, 2028)
2072	2072	4 Sec. 50-35. Criminal history records background check.
2073	2073	5 Each applicant for licensure by examination or restoration
2074	2074	6 shall have his or her fingerprints submitted to the Illinois
2075	2075	7 State Police in an electronic format that complies with the
2076	2076	8 form and manner for requesting and furnishing criminal history
2077	2077	9 record information as prescribed by the Illinois State Police.
2078	2078	10 These fingerprints shall be checked prior to the Department
2079	2079	11 issuing or renewing a license against the Illinois State
2080	2080	12 Police and Federal Bureau of Investigation criminal history
2081	2081	13 record databases now and hereafter filed. The Illinois State
2082	2082	14 Police shall charge applicants a fee for conducting the
2083	2083	15 criminal history records check, which shall be deposited into
2084	2084	16 the State Police Services Fund and shall not exceed the actual
2085	2085	17 cost of the records check. The Illinois State Police shall
2086	2086	18 furnish, pursuant to positive identification, records of
2087	2087	19 Illinois convictions to the Department. The Department may
2088	2088	20 require applicants to pay a separate fingerprinting fee,
2089	2089	21 either to the Department or to a vendor. The Department, in its
2090	2090	22 discretion, may allow an applicant who does not have
2091	2091	23 reasonable access to a designated vendor to provide his or her
2092	2092	24 fingerprints in an alternative manner. The Department may
2093	2093	25 adopt any rules necessary to implement this Section.
2094	2094
2095	2095
2096	2096
2097	2097
2098	2098
2099	2099	HB5040 - 58 - LRB103 37791 RTM 67920 b
2100	2100
2101	2101
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2103	2103	HB5040 - 59 - LRB103 37791 RTM 67920 b
2104	2104	1 (Source: P.A. 102-538, eff. 8-20-21.)
2105	2105	2 (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
2106	2106	3 (Section scheduled to be repealed on January 1, 2028)
2107	2107	4 Sec. 70-5. Grounds for disciplinary action.
2108	2108	5 (a) The Department may refuse to issue or to renew, or may
2109	2109	6 revoke, suspend, place on probation, reprimand, or take other
2110	2110	7 disciplinary or non-disciplinary action as the Department may
2111	2111	8 deem appropriate, including fines not to exceed $10,000 per
2112	2112	9 violation, with regard to a license for any one or combination
2113	2113	10 of the causes set forth in subsection (b) below. All fines
2114	2114	11 collected under this Section shall be deposited in the Nursing
2115	2115	12 Dedicated and Professional Fund.
2116	2116	13 (b) Grounds for disciplinary action include the following:
2117	2117	14 (1) Material deception in furnishing information to
2118	2118	15 the Department.
2119	2119	16 (2) Material violations of any provision of this Act
2120	2120	17 or violation of the rules of or final administrative
2121	2121	18 action of the Secretary, after consideration of the
2122	2122	19 recommendation of the Board.
2123	2123	20 (3) Conviction by plea of guilty or nolo contendere,
2124	2124	21 finding of guilt, jury verdict, or entry of judgment or by
2125	2125	22 sentencing of any crime, including, but not limited to,
2126	2126	23 convictions, preceding sentences of supervision,
2127	2127	24 conditional discharge, or first offender probation, under
2128	2128	25 the laws of any jurisdiction of the United States: (i)
2129	2129
2130	2130
2131	2131
2132	2132
2133	2133
2134	2134	HB5040 - 59 - LRB103 37791 RTM 67920 b
2135	2135
2136	2136
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2138	2138	HB5040 - 60 - LRB103 37791 RTM 67920 b
2139	2139	1 that is a felony; or (ii) that is a misdemeanor, an
2140	2140	2 essential element of which is dishonesty, or that is
2141	2141	3 directly related to the practice of the profession.
2142	2142	4 (4) A pattern of practice or other behavior which
2143	2143	5 demonstrates incapacity or incompetency to practice under
2144	2144	6 this Act.
2145	2145	7 (5) Knowingly aiding or assisting another person in
2146	2146	8 violating any provision of this Act or rules.
2147	2147	9 (6) Failing, within 90 days, to provide a response to
2148	2148	10 a request for information in response to a written request
2149	2149	11 made by the Department by certified or registered mail or
2150	2150	12 by email to the email address of record.
2151	2151	13 (7) Engaging in dishonorable, unethical, or
2152	2152	14 unprofessional conduct of a character likely to deceive,
2153	2153	15 defraud, or harm the public, as defined by rule.
2154	2154	16 (8) Unlawful taking, theft, selling, distributing, or
2155	2155	17 manufacturing of any drug, narcotic, or prescription
2156	2156	18 device.
2157	2157	19 (9) Habitual or excessive use or addiction to alcohol,
2158	2158	20 narcotics, stimulants, or any other chemical agent or drug
2159	2159	21 that could result in a licensee's inability to practice
2160	2160	22 with reasonable judgment, skill, or safety.
2161	2161	23 (10) Discipline by another U.S. jurisdiction or
2162	2162	24 foreign nation, if at least one of the grounds for the
2163	2163	25 discipline is the same or substantially equivalent to
2164	2164	26 those set forth in this Section.
2165	2165
2166	2166
2167	2167
2168	2168
2169	2169
2170	2170	HB5040 - 60 - LRB103 37791 RTM 67920 b
2171	2171
2172	2172
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2174	2174	HB5040 - 61 - LRB103 37791 RTM 67920 b
2175	2175	1 (11) A finding that the licensee, after having her or
2176	2176	2 his license placed on probationary status or subject to
2177	2177	3 conditions or restrictions, has violated the terms of
2178	2178	4 probation or failed to comply with such terms or
2179	2179	5 conditions.
2180	2180	6 (12) Being named as a perpetrator in an indicated
2181	2181	7 report by the Department of Children and Family Services
2182	2182	8 and under the Abused and Neglected Child Reporting Act,
2183	2183	9 and upon proof by clear and convincing evidence that the
2184	2184	10 licensee has caused a child to be an abused child or
2185	2185	11 neglected child as defined in the Abused and Neglected
2186	2186	12 Child Reporting Act.
2187	2187	13 (13) Willful omission to file or record, or willfully
2188	2188	14 impeding the filing or recording or inducing another
2189	2189	15 person to omit to file or record medical reports as
2190	2190	16 required by law.
2191	2191	17 (13.5) Willfully failing to report an instance of
2192	2192	18 suspected child abuse or neglect as required by the Abused
2193	2193	19 and Neglected Child Reporting Act.
2194	2194	20 (14) Gross negligence in the practice of practical,
2195	2195	21 professional, or advanced practice registered nursing.
2196	2196	22 (15) Holding oneself out to be practicing nursing
2197	2197	23 under any name other than one's own.
2198	2198	24 (16) Failure of a licensee to report to the Department
2199	2199	25 any adverse final action taken against him or her by
2200	2200	26 another licensing jurisdiction of the United States or any
2201	2201
2202	2202
2203	2203
2204	2204
2205	2205
2206	2206	HB5040 - 61 - LRB103 37791 RTM 67920 b
2207	2207
2208	2208
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2210	2210	HB5040 - 62 - LRB103 37791 RTM 67920 b
2211	2211	1 foreign state or country, any peer review body, any health
2212	2212	2 care institution, any professional or nursing society or
2213	2213	3 association, any governmental agency, any law enforcement
2214	2214	4 agency, or any court or a nursing liability claim related
2215	2215	5 to acts or conduct similar to acts or conduct that would
2216	2216	6 constitute grounds for action as defined in this Section.
2217	2217	7 (17) Failure of a licensee to report to the Department
2218	2218	8 surrender by the licensee of a license or authorization to
2219	2219	9 practice nursing or advanced practice registered nursing
2220	2220	10 in another state or jurisdiction or current surrender by
2221	2221	11 the licensee of membership on any nursing staff or in any
2222	2222	12 nursing or advanced practice registered nursing or
2223	2223	13 professional association or society while under
2224	2224	14 disciplinary investigation by any of those authorities or
2225	2225	15 bodies for acts or conduct similar to acts or conduct that
2226	2226	16 would constitute grounds for action as defined by this
2227	2227	17 Section.
2228	2228	18 (18) Failing, within 60 days, to provide information
2229	2229	19 in response to a written request made by the Department.
2230	2230	20 (19) Failure to establish and maintain records of
2231	2231	21 patient care and treatment as required by law.
2232	2232	22 (20) Fraud, deceit, or misrepresentation in applying
2233	2233	23 for or procuring a license under this Act or in connection
2234	2234	24 with applying for renewal of a license under this Act.
2235	2235	25 (21) Allowing another person or organization to use
2236	2236	26 the licensee's license to deceive the public.
2237	2237
2238	2238
2239	2239
2240	2240
2241	2241
2242	2242	HB5040 - 62 - LRB103 37791 RTM 67920 b
2243	2243
2244	2244
2245	2245	HB5040- 63 -LRB103 37791 RTM 67920 b HB5040 - 63 - LRB103 37791 RTM 67920 b
2246	2246	HB5040 - 63 - LRB103 37791 RTM 67920 b
2247	2247	1 (22) Willfully making or filing false records or
2248	2248	2 reports in the licensee's practice, including, but not
2249	2249	3 limited to, false records to support claims against the
2250	2250	4 medical assistance program of the Department of Healthcare
2251	2251	5 and Family Services (formerly Department of Public Aid)
2252	2252	6 under the Illinois Public Aid Code.
2253	2253	7 (23) Attempting to subvert or cheat on a licensing
2254	2254	8 examination administered under this Act.
2255	2255	9 (24) Immoral conduct in the commission of an act,
2256	2256	10 including, but not limited to, sexual abuse, sexual
2257	2257	11 misconduct, or sexual exploitation, related to the
2258	2258	12 licensee's practice.
2259	2259	13 (25) Willfully or negligently violating the
2260	2260	14 confidentiality between nurse and patient except as
2261	2261	15 required by law.
2262	2262	16 (26) Practicing under a false or assumed name, except
2263	2263	17 as provided by law.
2264	2264	18 (27) The use of any false, fraudulent, or deceptive
2265	2265	19 statement in any document connected with the licensee's
2266	2266	20 practice.
2267	2267	21 (28) Directly or indirectly giving to or receiving
2268	2268	22 from a person, firm, corporation, partnership, or
2269	2269	23 association a fee, commission, rebate, or other form of
2270	2270	24 compensation for professional services not actually or
2271	2271	25 personally rendered. Nothing in this paragraph (28)
2272	2272	26 affects any bona fide independent contractor or employment
2273	2273
2274	2274
2275	2275
2276	2276
2277	2277
2278	2278	HB5040 - 63 - LRB103 37791 RTM 67920 b
2279	2279
2280	2280
2281	2281	HB5040- 64 -LRB103 37791 RTM 67920 b HB5040 - 64 - LRB103 37791 RTM 67920 b
2282	2282	HB5040 - 64 - LRB103 37791 RTM 67920 b
2283	2283	1 arrangements among health care professionals, health
2284	2284	2 facilities, health care providers, or other entities,
2285	2285	3 except as otherwise prohibited by law. Any employment
2286	2286	4 arrangements may include provisions for compensation,
2287	2287	5 health insurance, pension, or other employment benefits
2288	2288	6 for the provision of services within the scope of the
2289	2289	7 licensee's practice under this Act. Nothing in this
2290	2290	8 paragraph (28) shall be construed to require an employment
2291	2291	9 arrangement to receive professional fees for services
2292	2292	10 rendered.
2293	2293	11 (29) A violation of the Health Care Worker
2294	2294	12 Self-Referral Act.
2295	2295	13 (30) Physical illness, mental illness, or disability
2296	2296	14 that results in the inability to practice the profession
2297	2297	15 with reasonable judgment, skill, or safety.
2298	2298	16 (31) Exceeding the terms of a collaborative agreement
2299	2299	17 or the prescriptive authority delegated to a licensee by
2300	2300	18 his or her collaborating physician or podiatric physician
2301	2301	19 in guidelines established under a written collaborative
2302	2302	20 agreement.
2303	2303	21 (32) Making a false or misleading statement regarding
2304	2304	22 a licensee's skill or the efficacy or value of the
2305	2305	23 medicine, treatment, or remedy prescribed by him or her in
2306	2306	24 the course of treatment.
2307	2307	25 (33) Prescribing, selling, administering,
2308	2308	26 distributing, giving, or self-administering a drug
2309	2309
2310	2310
2311	2311
2312	2312
2313	2313
2314	2314	HB5040 - 64 - LRB103 37791 RTM 67920 b
2315	2315
2316	2316
2317	2317	HB5040- 65 -LRB103 37791 RTM 67920 b HB5040 - 65 - LRB103 37791 RTM 67920 b
2318	2318	HB5040 - 65 - LRB103 37791 RTM 67920 b
2319	2319	1 classified as a controlled substance (designated product)
2320	2320	2 or narcotic for other than medically accepted therapeutic
2321	2321	3 purposes.
2322	2322	4 (34) Promotion of the sale of drugs, devices,
2323	2323	5 appliances, or goods provided for a patient in a manner to
2324	2324	6 exploit the patient for financial gain.
2325	2325	7 (35) Violating State or federal laws, rules, or
2326	2326	8 regulations relating to controlled substances.
2327	2327	9 (36) Willfully or negligently violating the
2328	2328	10 confidentiality between an advanced practice registered
2329	2329	11 nurse, collaborating physician, dentist, or podiatric
2330	2330	12 physician and a patient, except as required by law.
2331	2331	13 (37) Willfully failing to report an instance of
2332	2332	14 suspected abuse, neglect, financial exploitation, or
2333	2333	15 self-neglect of an eligible adult as defined in and
2334	2334	16 required by the Adult Protective Services Act.
2335	2335	17 (38) Being named as an abuser in a verified report by
2336	2336	18 the Department on Aging and under the Adult Protective
2337	2337	19 Services Act, and upon proof by clear and convincing
2338	2338	20 evidence that the licensee abused, neglected, or
2339	2339	21 financially exploited an eligible adult as defined in the
2340	2340	22 Adult Protective Services Act.
2341	2341	23 (39) A violation of any provision of this Act or any
2342	2342	24 rules adopted under this Act.
2343	2343	25 (40) Violating the Compassionate Use of Medical
2344	2344	26 Cannabis Program Act.
2345	2345
2346	2346
2347	2347
2348	2348
2349	2349
2350	2350	HB5040 - 65 - LRB103 37791 RTM 67920 b
2351	2351
2352	2352
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2354	2354	HB5040 - 66 - LRB103 37791 RTM 67920 b
2355	2355	1 (b-5) The Department shall not revoke, suspend, summarily
2356	2356	2 suspend, place on probation, reprimand, refuse to issue or
2357	2357	3 renew, or take any other disciplinary or non-disciplinary
2358	2358	4 action against the license or permit issued under this Act to
2359	2359	5 practice as a registered nurse or an advanced practice
2360	2360	6 registered nurse based solely upon the registered nurse or
2361	2361	7 advanced practice registered nurse providing, authorizing,
2362	2362	8 recommending, aiding, assisting, referring for, or otherwise
2363	2363	9 participating in any health care service, so long as the care
2364	2364	10 was not unlawful under the laws of this State, regardless of
2365	2365	11 whether the patient was a resident of this State or another
2366	2366	12 state.
2367	2367	13 (b-10) The Department shall not revoke, suspend, summarily
2368	2368	14 suspend, place on prohibition, reprimand, refuse to issue or
2369	2369	15 renew, or take any other disciplinary or non-disciplinary
2370	2370	16 action against the license or permit issued under this Act to
2371	2371	17 practice as a registered nurse or an advanced practice
2372	2372	18 registered nurse based upon the registered nurse's or advanced
2373	2373	19 practice registered nurse's license being revoked or
2374	2374	20 suspended, or the registered nurse or advanced practice
2375	2375	21 registered nurse being otherwise disciplined by any other
2376	2376	22 state, if that revocation, suspension, or other form of
2377	2377	23 discipline was based solely on the registered nurse or
2378	2378	24 advanced practice registered nurse violating another state's
2379	2379	25 laws prohibiting the provision of, authorization of,
2380	2380	26 recommendation of, aiding or assisting in, referring for, or
2381	2381
2382	2382
2383	2383
2384	2384
2385	2385
2386	2386	HB5040 - 66 - LRB103 37791 RTM 67920 b
2387	2387
2388	2388
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2390	2390	HB5040 - 67 - LRB103 37791 RTM 67920 b
2391	2391	1 participation in any health care service if that health care
2392	2392	2 service as provided would not have been unlawful under the
2393	2393	3 laws of this State and is consistent with the standards of
2394	2394	4 conduct for the registered nurse or advanced practice
2395	2395	5 registered nurse practicing in Illinois.
2396	2396	6 (b-15) The conduct specified in subsections (b-5) and
2397	2397	7 (b-10) shall not trigger reporting requirements under Section
2398	2398	8 65-65 or constitute grounds for suspension under Section
2399	2399	9 70-60.
2400	2400	10 (b-20) An applicant seeking licensure, certification, or
2401	2401	11 authorization under this Act who has been subject to
2402	2402	12 disciplinary action by a duly authorized professional
2403	2403	13 disciplinary agency of another jurisdiction solely on the
2404	2404	14 basis of having provided, authorized, recommended, aided,
2405	2405	15 assisted, referred for, or otherwise participated in health
2406	2406	16 care shall not be denied such licensure, certification, or
2407	2407	17 authorization, unless the Department determines that such
2408	2408	18 action would have constituted professional misconduct in this
2409	2409	19 State; however, nothing in this Section shall be construed as
2410	2410	20 prohibiting the Department from evaluating the conduct of such
2411	2411	21 applicant and making a determination regarding the licensure,
2412	2412	22 certification, or authorization to practice a profession under
2413	2413	23 this Act.
2414	2414	24 (c) The determination by a circuit court that a licensee
2415	2415	25 is subject to involuntary admission or judicial admission as
2416	2416	26 provided in the Mental Health and Developmental Disabilities
2417	2417
2418	2418
2419	2419
2420	2420
2421	2421
2422	2422	HB5040 - 67 - LRB103 37791 RTM 67920 b
2423	2423
2424	2424
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2426	2426	HB5040 - 68 - LRB103 37791 RTM 67920 b
2427	2427	1 Code, as amended, operates as an automatic suspension. The
2428	2428	2 suspension will end only upon a finding by a court that the
2429	2429	3 patient is no longer subject to involuntary admission or
2430	2430	4 judicial admission and issues an order so finding and
2431	2431	5 discharging the patient; and upon the recommendation of the
2432	2432	6 Board to the Secretary that the licensee be allowed to resume
2433	2433	7 his or her practice.
2434	2434	8 (d) The Department may refuse to issue or may suspend or
2435	2435	9 otherwise discipline the license of any person who fails to
2436	2436	10 file a return, or to pay the tax, penalty or interest shown in
2437	2437	11 a filed return, or to pay any final assessment of the tax,
2438	2438	12 penalty, or interest as required by any tax Act administered
2439	2439	13 by the Department of Revenue, until such time as the
2440	2440	14 requirements of any such tax Act are satisfied.
2441	2441	15 (e) In enforcing this Act, the Department, upon a showing
2442	2442	16 of a possible violation, may compel an individual licensed to
2443	2443	17 practice under this Act or who has applied for licensure under
2444	2444	18 this Act, to submit to a mental or physical examination, or
2445	2445	19 both, as required by and at the expense of the Department. The
2446	2446	20 Department may order the examining physician to present
2447	2447	21 testimony concerning the mental or physical examination of the
2448	2448	22 licensee or applicant. No information shall be excluded by
2449	2449	23 reason of any common law or statutory privilege relating to
2450	2450	24 communications between the licensee or applicant and the
2451	2451	25 examining physician. The examining physicians shall be
2452	2452	26 specifically designated by the Department. The individual to
2453	2453
2454	2454
2455	2455
2456	2456
2457	2457
2458	2458	HB5040 - 68 - LRB103 37791 RTM 67920 b
2459	2459
2460	2460
2461	2461	HB5040- 69 -LRB103 37791 RTM 67920 b HB5040 - 69 - LRB103 37791 RTM 67920 b
2462	2462	HB5040 - 69 - LRB103 37791 RTM 67920 b
2463	2463	1 be examined may have, at his or her own expense, another
2464	2464	2 physician of his or her choice present during all aspects of
2465	2465	3 this examination. Failure of an individual to submit to a
2466	2466	4 mental or physical examination, when directed, shall result in
2467	2467	5 an automatic suspension without hearing.
2468	2468	6 All substance-related violations shall mandate an
2469	2469	7 automatic substance abuse assessment. Failure to submit to an
2470	2470	8 assessment by a licensed physician who is certified as an
2471	2471	9 addictionist or an advanced practice registered nurse with
2472	2472	10 specialty certification in addictions may be grounds for an
2473	2473	11 automatic suspension, as defined by rule.
2474	2474	12 If the Department finds an individual unable to practice
2475	2475	13 or unfit for duty because of the reasons set forth in this
2476	2476	14 subsection (e), the Department may require that individual to
2477	2477	15 submit to a substance abuse evaluation or treatment by
2478	2478	16 individuals or programs approved or designated by the
2479	2479	17 Department, as a condition, term, or restriction for
2480	2480	18 continued, restored, or renewed licensure to practice; or, in
2481	2481	19 lieu of evaluation or treatment, the Department may file, or
2482	2482	20 the Board may recommend to the Department to file, a complaint
2483	2483	21 to immediately suspend, revoke, or otherwise discipline the
2484	2484	22 license of the individual. An individual whose license was
2485	2485	23 granted, continued, restored, renewed, disciplined, or
2486	2486	24 supervised subject to such terms, conditions, or restrictions,
2487	2487	25 and who fails to comply with such terms, conditions, or
2488	2488	26 restrictions, shall be referred to the Secretary for a
2489	2489
2490	2490
2491	2491
2492	2492
2493	2493
2494	2494	HB5040 - 69 - LRB103 37791 RTM 67920 b
2495	2495
2496	2496
2497	2497	HB5040- 70 -LRB103 37791 RTM 67920 b HB5040 - 70 - LRB103 37791 RTM 67920 b
2498	2498	HB5040 - 70 - LRB103 37791 RTM 67920 b
2499	2499	1 determination as to whether the individual shall have his or
2500	2500	2 her license suspended immediately, pending a hearing by the
2501	2501	3 Department.
2502	2502	4 In instances in which the Secretary immediately suspends a
2503	2503	5 person's license under this subsection (e), a hearing on that
2504	2504	6 person's license must be convened by the Department within 15
2505	2505	7 days after the suspension and completed without appreciable
2506	2506	8 delay. The Department and Board shall have the authority to
2507	2507	9 review the subject individual's record of treatment and
2508	2508	10 counseling regarding the impairment to the extent permitted by
2509	2509	11 applicable federal statutes and regulations safeguarding the
2510	2510	12 confidentiality of medical records.
2511	2511	13 An individual licensed under this Act and affected under
2512	2512	14 this subsection (e) shall be afforded an opportunity to
2513	2513	15 demonstrate to the Department that he or she can resume
2514	2514	16 practice in compliance with nursing standards under the
2515	2515	17 provisions of his or her license.
2516	2516	18 (f) The Department may adopt rules to implement the
2517	2517	19 changes made by this amendatory Act of the 102nd General
2518	2518	20 Assembly.
2519	2519	21 (g) Notwithstanding anything in this Act to the contrary,
2520	2520	22 a finding of guilt by a judge or jury, a guilty plea, or plea
2521	2521	23 of no contest entered after the effective date of this
2522	2522	24 amendatory Act of the 103rd General Assembly of any of the
2523	2523	25 offenses listed in subsection (a) or (a-1) of Section 25 of the
2524	2524	26 Health Care Worker Background Check Act, except for Section
2525	2525
2526	2526
2527	2527
2528	2528
2529	2529
2530	2530	HB5040 - 70 - LRB103 37791 RTM 67920 b
2531	2531
2532	2532
2533	2533	HB5040- 71 -LRB103 37791 RTM 67920 b HB5040 - 71 - LRB103 37791 RTM 67920 b
2534	2534	HB5040 - 71 - LRB103 37791 RTM 67920 b
2535	2535	1 16-25 of the Criminal Code of 2012, is a disqualifying
2536	2536	2 offense, and the individual's license shall be automatically
2537	2537	3 revoked when the Department is notified that the individual
2538	2538	4 has been found guilty or has pled guilty or no contest. The
2539	2539	5 individual may appeal the revocation to the Department only
2540	2540	6 upon the reversal of the criminal conviction.
2541	2541	7 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
2542	2542	8 102-1117, eff. 1-13-23.)
2543	2543	9 Section 40. The Illinois Optometric Practice Act of 1987
2544	2544	10 is amended by changing Section 24 and by adding Section 12.3 as
2545	2545	11 follows:
2546	2546	12 (225 ILCS 80/12.3 new)
2547	2547	13 Sec. 12.3. Criminal history. Any Department process under
2548	2548	14 statute or rule used to verify the criminal history of an
2549	2549	15 applicant for licensure under this Act shall be used for all
2550	2550	16 applicants for licensure, applicants for renewal of a license,
2551	2551	17 or persons whose conviction of a crime or other behavior
2552	2552	18 warrants review of a license under this Act.
2553	2553	19 (225 ILCS 80/24) (from Ch. 111, par. 3924)
2554	2554	20 (Section scheduled to be repealed on January 1, 2027)
2555	2555	21 Sec. 24. Grounds for disciplinary action.
2556	2556	22 (a) The Department may refuse to issue or to renew, or may
2557	2557	23 revoke, suspend, place on probation, reprimand or take other
2558	2558
2559	2559
2560	2560
2561	2561
2562	2562
2563	2563	HB5040 - 71 - LRB103 37791 RTM 67920 b
2564	2564
2565	2565
2566	2566	HB5040- 72 -LRB103 37791 RTM 67920 b HB5040 - 72 - LRB103 37791 RTM 67920 b
2567	2567	HB5040 - 72 - LRB103 37791 RTM 67920 b
2568	2568	1 disciplinary or non-disciplinary action as the Department may
2569	2569	2 deem appropriate, including fines not to exceed $10,000 for
2570	2570	3 each violation, with regard to any license for any one or
2571	2571	4 combination of the causes set forth in subsection (a-3) of
2572	2572	5 this Section. All fines collected under this Section shall be
2573	2573	6 deposited in the Optometric Licensing and Disciplinary Board
2574	2574	7 Fund. Any fine imposed shall be payable within 60 days after
2575	2575	8 the effective date of the order imposing the fine.
2576	2576	9 (a-3) Grounds for disciplinary action include the
2577	2577	10 following:
2578	2578	11 (1) Violations of this Act, or of the rules
2579	2579	12 promulgated hereunder.
2580	2580	13 (2) Conviction of or entry of a plea of guilty to any
2581	2581	14 crime under the laws of any U.S. jurisdiction thereof that
2582	2582	15 is a felony or that is a misdemeanor of which an essential
2583	2583	16 element is dishonesty, or any crime that is directly
2584	2584	17 related to the practice of the profession.
2585	2585	18 (3) Making any misrepresentation for the purpose of
2586	2586	19 obtaining a license.
2587	2587	20 (4) Professional incompetence or gross negligence in
2588	2588	21 the practice of optometry.
2589	2589	22 (5) Gross malpractice, prima facie evidence of which
2590	2590	23 may be a conviction or judgment of malpractice in any
2591	2591	24 court of competent jurisdiction.
2592	2592	25 (6) Aiding or assisting another person in violating
2593	2593	26 any provision of this Act or rules.
2594	2594
2595	2595
2596	2596
2597	2597
2598	2598
2599	2599	HB5040 - 72 - LRB103 37791 RTM 67920 b
2600	2600
2601	2601
2602	2602	HB5040- 73 -LRB103 37791 RTM 67920 b HB5040 - 73 - LRB103 37791 RTM 67920 b
2603	2603	HB5040 - 73 - LRB103 37791 RTM 67920 b
2604	2604	1 (7) Failing, within 60 days, to provide information in
2605	2605	2 response to a written request made by the Department that
2606	2606	3 has been sent by certified or registered mail to the
2607	2607	4 licensee's last known address.
2608	2608	5 (8) Engaging in dishonorable, unethical, or
2609	2609	6 unprofessional conduct of a character likely to deceive,
2610	2610	7 defraud, or harm the public.
2611	2611	8 (9) Habitual or excessive use or addiction to alcohol,
2612	2612	9 narcotics, stimulants or any other chemical agent or drug
2613	2613	10 that results in the inability to practice with reasonable
2614	2614	11 judgment, skill, or safety.
2615	2615	12 (10) Discipline by another U.S. jurisdiction or
2616	2616	13 foreign nation, if at least one of the grounds for the
2617	2617	14 discipline is the same or substantially equivalent to
2618	2618	15 those set forth herein.
2619	2619	16 (11) Violation of the prohibition against fee
2620	2620	17 splitting in Section 24.2 of this Act.
2621	2621	18 (12) A finding by the Department that the licensee,
2622	2622	19 after having his or her license placed on probationary
2623	2623	20 status has violated the terms of probation.
2624	2624	21 (13) Abandonment of a patient.
2625	2625	22 (14) Willfully making or filing false records or
2626	2626	23 reports in his or her practice, including but not limited
2627	2627	24 to false records filed with State agencies or departments.
2628	2628	25 (15) Willfully failing to report an instance of
2629	2629	26 suspected abuse or neglect as required by law.
2630	2630
2631	2631
2632	2632
2633	2633
2634	2634
2635	2635	HB5040 - 73 - LRB103 37791 RTM 67920 b
2636	2636
2637	2637
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2639	2639	HB5040 - 74 - LRB103 37791 RTM 67920 b
2640	2640	1 (16) Physical illness, including but not limited to,
2641	2641	2 deterioration through the aging process, or loss of motor
2642	2642	3 skill, mental illness, or disability that results in the
2643	2643	4 inability to practice the profession with reasonable
2644	2644	5 judgment, skill, or safety.
2645	2645	6 (17) Solicitation of professional services other than
2646	2646	7 permitted advertising.
2647	2647	8 (18) Failure to provide a patient with a copy of his or
2648	2648	9 her record or prescription in accordance with federal law.
2649	2649	10 (19) Conviction by any court of competent
2650	2650	11 jurisdiction, either within or without this State, of any
2651	2651	12 violation of any law governing the practice of optometry,
2652	2652	13 conviction in this or another State of any crime that is a
2653	2653	14 felony under the laws of this State or conviction of a
2654	2654	15 felony in a federal court, if the Department determines,
2655	2655	16 after investigation, that such person has not been
2656	2656	17 sufficiently rehabilitated to warrant the public trust.
2657	2657	18 (20) A finding that licensure has been applied for or
2658	2658	19 obtained by fraudulent means.
2659	2659	20 (21) Continued practice by a person knowingly having
2660	2660	21 an infectious or contagious disease.
2661	2661	22 (22) Being named as a perpetrator in an indicated
2662	2662	23 report by the Department of Children and Family Services
2663	2663	24 under the Abused and Neglected Child Reporting Act, and
2664	2664	25 upon proof by clear and convincing evidence that the
2665	2665	26 licensee has caused a child to be an abused child or a
2666	2666
2667	2667
2668	2668
2669	2669
2670	2670
2671	2671	HB5040 - 74 - LRB103 37791 RTM 67920 b
2672	2672
2673	2673
2674	2674	HB5040- 75 -LRB103 37791 RTM 67920 b HB5040 - 75 - LRB103 37791 RTM 67920 b
2675	2675	HB5040 - 75 - LRB103 37791 RTM 67920 b
2676	2676	1 neglected child as defined in the Abused and Neglected
2677	2677	2 Child Reporting Act.
2678	2678	3 (23) Practicing or attempting to practice under a name
2679	2679	4 other than the full name as shown on his or her license.
2680	2680	5 (24) Immoral conduct in the commission of any act,
2681	2681	6 such as sexual abuse, sexual misconduct or sexual
2682	2682	7 exploitation, related to the licensee's practice.
2683	2683	8 (25) Maintaining a professional relationship with any
2684	2684	9 person, firm, or corporation when the optometrist knows,
2685	2685	10 or should know, that such person, firm, or corporation is
2686	2686	11 violating this Act.
2687	2687	12 (26) Promotion of the sale of drugs, devices,
2688	2688	13 appliances or goods provided for a client or patient in
2689	2689	14 such manner as to exploit the patient or client for
2690	2690	15 financial gain of the licensee.
2691	2691	16 (27) Using the title "Doctor" or its abbreviation
2692	2692	17 without further qualifying that title or abbreviation with
2693	2693	18 the word "optometry" or "optometrist".
2694	2694	19 (28) Use by a licensed optometrist of the word
2695	2695	20 "infirmary", "hospital", "school", "university", in
2696	2696	21 English or any other language, in connection with the
2697	2697	22 place where optometry may be practiced or demonstrated
2698	2698	23 unless the licensee is employed by and practicing at a
2699	2699	24 location that is licensed as a hospital or accredited as a
2700	2700	25 school or university.
2701	2701	26 (29) Continuance of an optometrist in the employ of
2702	2702
2703	2703
2704	2704
2705	2705
2706	2706
2707	2707	HB5040 - 75 - LRB103 37791 RTM 67920 b
2708	2708
2709	2709
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2711	2711	HB5040 - 76 - LRB103 37791 RTM 67920 b
2712	2712	1 any person, firm or corporation, or as an assistant to any
2713	2713	2 optometrist or optometrists, directly or indirectly, after
2714	2714	3 his or her employer or superior has been found guilty of
2715	2715	4 violating or has been enjoined from violating the laws of
2716	2716	5 the State of Illinois relating to the practice of
2717	2717	6 optometry, when the employer or superior persists in that
2718	2718	7 violation.
2719	2719	8 (30) The performance of optometric service in
2720	2720	9 conjunction with a scheme or plan with another person,
2721	2721	10 firm or corporation known to be advertising in a manner
2722	2722	11 contrary to this Act or otherwise violating the laws of
2723	2723	12 the State of Illinois concerning the practice of
2724	2724	13 optometry.
2725	2725	14 (31) Failure to provide satisfactory proof of having
2726	2726	15 participated in approved continuing education programs as
2727	2727	16 determined by the Board and approved by the Secretary.
2728	2728	17 Exceptions for extreme hardships are to be defined by the
2729	2729	18 rules of the Department.
2730	2730	19 (32) Willfully making or filing false records or
2731	2731	20 reports in the practice of optometry, including, but not
2732	2732	21 limited to false records to support claims against the
2733	2733	22 medical assistance program of the Department of Healthcare
2734	2734	23 and Family Services (formerly Department of Public Aid)
2735	2735	24 under the Illinois Public Aid Code.
2736	2736	25 (33) Gross and willful overcharging for professional
2737	2737	26 services including filing false statements for collection
2738	2738
2739	2739
2740	2740
2741	2741
2742	2742
2743	2743	HB5040 - 76 - LRB103 37791 RTM 67920 b
2744	2744
2745	2745
2746	2746	HB5040- 77 -LRB103 37791 RTM 67920 b HB5040 - 77 - LRB103 37791 RTM 67920 b
2747	2747	HB5040 - 77 - LRB103 37791 RTM 67920 b
2748	2748	1 of fees for which services are not rendered, including,
2749	2749	2 but not limited to filing false statements for collection
2750	2750	3 of monies for services not rendered from the medical
2751	2751	4 assistance program of the Department of Healthcare and
2752	2752	5 Family Services (formerly Department of Public Aid) under
2753	2753	6 the Illinois Public Aid Code.
2754	2754	7 (34) In the absence of good reasons to the contrary,
2755	2755	8 failure to perform a minimum eye examination as required
2756	2756	9 by the rules of the Department.
2757	2757	10 (35) Violation of the Health Care Worker Self-Referral
2758	2758	11 Act.
2759	2759	12 The Department shall refuse to issue or shall suspend the
2760	2760	13 license of any person who fails to file a return, or to pay the
2761	2761	14 tax, penalty or interest shown in a filed return, or to pay any
2762	2762	15 final assessment of the tax, penalty or interest, as required
2763	2763	16 by any tax Act administered by the Illinois Department of
2764	2764	17 Revenue, until such time as the requirements of any such tax
2765	2765	18 Act are satisfied.
2766	2766	19 (a-5) In enforcing this Section, the Board or Department,
2767	2767	20 upon a showing of a possible violation, may compel any
2768	2768	21 individual licensed to practice under this Act, or who has
2769	2769	22 applied for licensure or certification pursuant to this Act,
2770	2770	23 to submit to a mental or physical examination, or both, as
2771	2771	24 required by and at the expense of the Department. The
2772	2772	25 examining physicians or clinical psychologists shall be those
2773	2773	26 specifically designated by the Department. The Board or the
2774	2774
2775	2775
2776	2776
2777	2777
2778	2778
2779	2779	HB5040 - 77 - LRB103 37791 RTM 67920 b
2780	2780
2781	2781
2782	2782	HB5040- 78 -LRB103 37791 RTM 67920 b HB5040 - 78 - LRB103 37791 RTM 67920 b
2783	2783	HB5040 - 78 - LRB103 37791 RTM 67920 b
2784	2784	1 Department may order the examining physician or clinical
2785	2785	2 psychologist to present testimony concerning this mental or
2786	2786	3 physical examination of the licensee or applicant. No
2787	2787	4 information shall be excluded by reason of any common law or
2788	2788	5 statutory privilege relating to communications between the
2789	2789	6 licensee or applicant and the examining physician or clinical
2790	2790	7 psychologist. Eye examinations may be provided by a licensed
2791	2791	8 optometrist. The individual to be examined may have, at his or
2792	2792	9 her own expense, another physician of his or her choice
2793	2793	10 present during all aspects of the examination. Failure of any
2794	2794	11 individual to submit to a mental or physical examination, when
2795	2795	12 directed, shall be grounds for suspension of a license until
2796	2796	13 such time as the individual submits to the examination if the
2797	2797	14 Board or Department finds, after notice and hearing, that the
2798	2798	15 refusal to submit to the examination was without reasonable
2799	2799	16 cause.
2800	2800	17 If the Board or Department finds an individual unable to
2801	2801	18 practice because of the reasons set forth in this Section, the
2802	2802	19 Board or Department shall require such individual to submit to
2803	2803	20 care, counseling, or treatment by physicians or clinical
2804	2804	21 psychologists approved or designated by the Department, as a
2805	2805	22 condition, term, or restriction for continued, reinstated, or
2806	2806	23 renewed licensure to practice, or in lieu of care, counseling,
2807	2807	24 or treatment, the Board may recommend to the Department to
2808	2808	25 file a complaint to immediately suspend, revoke, or otherwise
2809	2809	26 discipline the license of the individual, or the Board may
2810	2810
2811	2811
2812	2812
2813	2813
2814	2814
2815	2815	HB5040 - 78 - LRB103 37791 RTM 67920 b
2816	2816
2817	2817
2818	2818	HB5040- 79 -LRB103 37791 RTM 67920 b HB5040 - 79 - LRB103 37791 RTM 67920 b
2819	2819	HB5040 - 79 - LRB103 37791 RTM 67920 b
2820	2820	1 recommend to the Department to file a complaint to suspend,
2821	2821	2 revoke, or otherwise discipline the license of the individual.
2822	2822	3 Any individual whose license was granted pursuant to this Act,
2823	2823	4 or continued, reinstated, renewed, disciplined, or supervised,
2824	2824	5 subject to such conditions, terms, or restrictions, who shall
2825	2825	6 fail to comply with such conditions, terms, or restrictions,
2826	2826	7 shall be referred to the Secretary for a determination as to
2827	2827	8 whether the individual shall have his or her license suspended
2828	2828	9 immediately, pending a hearing by the Board.
2829	2829	10 (a-10) Notwithstanding anything in this Act to the
2830	2830	11 contrary, a finding of guilt by a judge or jury, a guilty plea,
2831	2831	12 or plea of no contest entered after the effective date of this
2832	2832	13 amendatory Act of the 103rd General Assembly of any of the
2833	2833	14 offenses listed in subsection (a) or (a-1) of Section 25 of the
2834	2834	15 Health Care Worker Background Check Act, except for Section
2835	2835	16 16-25 of the Criminal Code of 2012, is a disqualifying
2836	2836	17 offense, and the individual's license shall be automatically
2837	2837	18 revoked when the Department is notified that the individual
2838	2838	19 has been found guilty or has pled guilty or no contest. The
2839	2839	20 individual may appeal the revocation to the Department only
2840	2840	21 upon the reversal of the criminal conviction.
2841	2841	22 (b) The determination by a circuit court that a licensee
2842	2842	23 is subject to involuntary admission or judicial admission as
2843	2843	24 provided in the Mental Health and Developmental Disabilities
2844	2844	25 Code operates as an automatic suspension. The suspension will
2845	2845	26 end only upon a finding by a court that the patient is no
2846	2846
2847	2847
2848	2848
2849	2849
2850	2850
2851	2851	HB5040 - 79 - LRB103 37791 RTM 67920 b
2852	2852
2853	2853
2854	2854	HB5040- 80 -LRB103 37791 RTM 67920 b HB5040 - 80 - LRB103 37791 RTM 67920 b
2855	2855	HB5040 - 80 - LRB103 37791 RTM 67920 b
2856	2856	1 longer subject to involuntary admission or judicial admission
2857	2857	2 and issues an order so finding and discharging the patient;
2858	2858	3 and upon the recommendation of the Board to the Secretary that
2859	2859	4 the licensee be allowed to resume his or her practice.
2860	2860	5 (Source: P.A. 99-43, eff. 1-1-16; 99-909, eff. 1-1-17.)
2861	2861	6 Section 45. The Orthotics, Prosthetics, and Pedorthics
2862	2862	7 Practice Act is amended by changing Section 90 and by adding
2863	2863	8 Section 45.5 as follows:
2864	2864	9 (225 ILCS 84/45.5 new)
2865	2865	10 Sec. 45.5. Criminal history. Any Department process under
2866	2866	11 statute or rule used to verify the criminal history of an
2867	2867	12 applicant for licensure under this Act shall be used for all
2868	2868	13 applicants for licensure, applicants for renewal of a license,
2869	2869	14 or persons whose conviction of a crime or other behavior
2870	2870	15 warrants review of a license under this Act.
2871	2871	16 (225 ILCS 84/90)
2872	2872	17 (Section scheduled to be repealed on January 1, 2030)
2873	2873	18 Sec. 90. Grounds for discipline.
2874	2874	19 (a) The Department may refuse to issue or renew a license,
2875	2875	20 or may revoke or suspend a license, or may suspend, place on
2876	2876	21 probation, or reprimand a licensee or take other disciplinary
2877	2877	22 or non-disciplinary action as the Department may deem proper,
2878	2878	23 including, but not limited to, the imposition of fines not to
2879	2879
2880	2880
2881	2881
2882	2882
2883	2883
2884	2884	HB5040 - 80 - LRB103 37791 RTM 67920 b
2885	2885
2886	2886
2887	2887	HB5040- 81 -LRB103 37791 RTM 67920 b HB5040 - 81 - LRB103 37791 RTM 67920 b
2888	2888	HB5040 - 81 - LRB103 37791 RTM 67920 b
2889	2889	1 exceed $10,000 for each violation for one or any combination
2890	2890	2 of the following:
2891	2891	3 (1) Making a material misstatement in furnishing
2892	2892	4 information to the Department or the Board.
2893	2893	5 (2) Violations of or negligent or intentional
2894	2894	6 disregard of this Act or its rules.
2895	2895	7 (3) Conviction of, or entry of a plea of guilty or nolo
2896	2896	8 contendere, finding of guilt, jury verdict, or entry of
2897	2897	9 judgment or sentencing, including, but not limited to,
2898	2898	10 convictions, preceding sentences of supervision,
2899	2899	11 conditional discharge, or first offender probation under
2900	2900	12 the laws of the United States or any state or that is (i) a
2901	2901	13 felony, or (ii) a misdemeanor, an essential element of
2902	2902	14 which is dishonesty, or any crime that is directly related
2903	2903	15 to the practice of the profession.
2904	2904	16 (4) Making a misrepresentation for the purpose of
2905	2905	17 obtaining a license under this Act or in connection with
2906	2906	18 applying for renewal or restoration of a license under
2907	2907	19 this Act.
2908	2908	20 (5) A pattern of practice or other behavior that
2909	2909	21 demonstrates incapacity or incompetence to practice under
2910	2910	22 this Act.
2911	2911	23 (6) Gross negligence under this Act.
2912	2912	24 (7) Aiding or assisting another person in violating a
2913	2913	25 provision of this Act or its rules.
2914	2914	26 (8) Failing to provide information within 60 days in
2915	2915
2916	2916
2917	2917
2918	2918
2919	2919
2920	2920	HB5040 - 81 - LRB103 37791 RTM 67920 b
2921	2921
2922	2922
2923	2923	HB5040- 82 -LRB103 37791 RTM 67920 b HB5040 - 82 - LRB103 37791 RTM 67920 b
2924	2924	HB5040 - 82 - LRB103 37791 RTM 67920 b
2925	2925	1 response to a written request made by the Department.
2926	2926	2 (9) Engaging in dishonorable, unethical, or
2927	2927	3 unprofessional conduct or conduct of a character likely to
2928	2928	4 deceive, defraud, or harm the public.
2929	2929	5 (10) Inability to practice with reasonable judgment,
2930	2930	6 skill, or safety as a result of habitual or excessive use
2931	2931	7 or addiction to alcohol, narcotics, stimulants, or any
2932	2932	8 other chemical agent or drug.
2933	2933	9 (11) Discipline by another state or territory of the
2934	2934	10 United States, the federal government, or foreign nation,
2935	2935	11 if at least one of the grounds for the discipline is the
2936	2936	12 same or substantially equivalent to one set forth in this
2937	2937	13 Section.
2938	2938	14 (12) Directly or indirectly giving to or receiving
2939	2939	15 from a person, firm, corporation, partnership, or
2940	2940	16 association a fee, commission, rebate, or other form of
2941	2941	17 compensation for professional services not actually or
2942	2942	18 personally rendered. Nothing in this paragraph (12)
2943	2943	19 affects any bona fide independent contractor or employment
2944	2944	20 arrangements among health care professionals, health
2945	2945	21 facilities, health care providers, or other entities,
2946	2946	22 except as otherwise prohibited by law. Any employment
2947	2947	23 arrangements may include provisions for compensation,
2948	2948	24 health insurance, pension, or other employment benefits
2949	2949	25 for the provision of services within the scope of the
2950	2950	26 licensee's practice under this Act. Nothing in this
2951	2951
2952	2952
2953	2953
2954	2954
2955	2955
2956	2956	HB5040 - 82 - LRB103 37791 RTM 67920 b
2957	2957
2958	2958
2959	2959	HB5040- 83 -LRB103 37791 RTM 67920 b HB5040 - 83 - LRB103 37791 RTM 67920 b
2960	2960	HB5040 - 83 - LRB103 37791 RTM 67920 b
2961	2961	1 paragraph (12) shall be construed to require an employment
2962	2962	2 arrangement to receive professional fees for services
2963	2963	3 rendered.
2964	2964	4 (13) A finding by the Board that the licensee or
2965	2965	5 registrant, after having his or her license placed on
2966	2966	6 probationary status, has violated the terms of probation
2967	2967	7 or failed to comply with such terms.
2968	2968	8 (14) Abandonment of a patient or client.
2969	2969	9 (15) Willfully making or filing false records or
2970	2970	10 reports related to the licensee's practice, including, but
2971	2971	11 not limited to, false records filed with federal or State
2972	2972	12 agencies or departments.
2973	2973	13 (16) Willfully failing to report an instance of
2974	2974	14 suspected abuse, neglect, financial exploitation, or
2975	2975	15 self-neglect of an eligible child or adult as required by
2976	2976	16 the Abused and Neglected Child Reporting Act and the Adult
2977	2977	17 Protective Services Act.
2978	2978	18 (17) Inability to practice the profession with
2979	2979	19 reasonable judgment, skill, or safety as a result of a
2980	2980	20 physical illness, including, but not limited to,
2981	2981	21 deterioration through the aging process or loss of motor
2982	2982	22 skill, or a mental illness or disability.
2983	2983	23 (18) Solicitation of professional services using false
2984	2984	24 or misleading advertising.
2985	2985	25 (a-5) Notwithstanding anything in this Act to the
2986	2986	26 contrary, a finding of guilt by a judge or jury, a guilty plea,
2987	2987
2988	2988
2989	2989
2990	2990
2991	2991
2992	2992	HB5040 - 83 - LRB103 37791 RTM 67920 b
2993	2993
2994	2994
2995	2995	HB5040- 84 -LRB103 37791 RTM 67920 b HB5040 - 84 - LRB103 37791 RTM 67920 b
2996	2996	HB5040 - 84 - LRB103 37791 RTM 67920 b
2997	2997	1 or plea of no contest entered after the effective date of this
2998	2998	2 amendatory Act of the 103rd General Assembly of any of the
2999	2999	3 offenses listed in subsection (a) or (a-1) of Section 25 of the
3000	3000	4 Health Care Worker Background Check Act, except for Section
3001	3001	5 16-25 of the Criminal Code of 2012, is a disqualifying
3002	3002	6 offense, and the individual's license shall be automatically
3003	3003	7 revoked when the Department is notified that the individual
3004	3004	8 has been found guilty or has pled guilty or no contest. The
3005	3005	9 individual may appeal the revocation to the Department only
3006	3006	10 upon the reversal of the criminal conviction.
3007	3007	11 (b) In enforcing this Section, the Department or Board
3008	3008	12 upon a showing of a possible violation, may compel a licensee
3009	3009	13 or applicant to submit to a mental or physical examination, or
3010	3010	14 both, as required by and at the expense of the Department. The
3011	3011	15 Department or Board may order the examining physician to
3012	3012	16 present testimony concerning the mental or physical
3013	3013	17 examination of the licensee or applicant. No information shall
3014	3014	18 be excluded by reason of any common law or statutory privilege
3015	3015	19 relating to communications between the licensee or applicant
3016	3016	20 and the examining physician. The examining physicians shall be
3017	3017	21 specifically designated by the Board or Department. The
3018	3018	22 individual to be examined may have, at his or her own expense,
3019	3019	23 another physician of his or her choice present during all
3020	3020	24 aspects of this examination. Failure of an individual to
3021	3021	25 submit to a mental or physical examination, when directed,
3022	3022	26 shall be grounds for the immediate suspension of his or her
3023	3023
3024	3024
3025	3025
3026	3026
3027	3027
3028	3028	HB5040 - 84 - LRB103 37791 RTM 67920 b
3029	3029
3030	3030
3031	3031	HB5040- 85 -LRB103 37791 RTM 67920 b HB5040 - 85 - LRB103 37791 RTM 67920 b
3032	3032	HB5040 - 85 - LRB103 37791 RTM 67920 b
3033	3033	1 license until the individual submits to the examination if the
3034	3034	2 Department finds that the refusal to submit to the examination
3035	3035	3 was without reasonable cause as defined by rule.
3036	3036	4 If the Secretary immediately suspends a person's license
3037	3037	5 for his or her failure to submit to a mental or physical
3038	3038	6 examination, when directed, a hearing on that person's license
3039	3039	7 must be convened by the Department within 15 days after the
3040	3040	8 suspension and completed without appreciable delay.
3041	3041	9 If the Secretary otherwise suspends a person's license
3042	3042	10 pursuant to the results of a compelled mental or physical
3043	3043	11 examination, a hearing on that person's license must be
3044	3044	12 convened by the Department within 15 days after the suspension
3045	3045	13 and completed without appreciable delay. The Department and
3046	3046	14 Board shall have the authority to review the subject
3047	3047	15 individual's record of treatment and counseling regarding the
3048	3048	16 impairment to the extent permitted by applicable federal
3049	3049	17 statutes and regulations safeguarding the confidentiality of
3050	3050	18 medical records.
3051	3051	19 An individual licensed under this Act and affected under
3052	3052	20 this Section shall be afforded an opportunity to demonstrate
3053	3053	21 to the Department or Board that he or she can resume practice
3054	3054	22 in compliance with acceptable and prevailing standards under
3055	3055	23 his or her license.
3056	3056	24 (c) (Blank).
3057	3057	25 (d) If the Department of Healthcare and Family Services
3058	3058	26 (formerly Department of Public Aid) has previously determined
3059	3059
3060	3060
3061	3061
3062	3062
3063	3063
3064	3064	HB5040 - 85 - LRB103 37791 RTM 67920 b
3065	3065
3066	3066
3067	3067	HB5040- 86 -LRB103 37791 RTM 67920 b HB5040 - 86 - LRB103 37791 RTM 67920 b
3068	3068	HB5040 - 86 - LRB103 37791 RTM 67920 b
3069	3069	1 that a licensee or a potential licensee is more than 30 days
3070	3070	2 delinquent in the payment of child support and has
3071	3071	3 subsequently certified the delinquency to the Department, the
3072	3072	4 Department may refuse to issue or renew or may revoke or
3073	3073	5 suspend that person's license or may take other disciplinary
3074	3074	6 action against that person based solely upon the certification
3075	3075	7 of delinquency made by the Department of Healthcare and Family
3076	3076	8 Services in accordance with subsection (a)(5) of Section
3077	3077	9 2105-15 of the Department of Professional Regulation Law of
3078	3078	10 the Civil Administrative Code of Illinois.
3079	3079	11 (e) The Department shall refuse to issue or renew a
3080	3080	12 license, or may revoke or suspend a license, for failure to
3081	3081	13 file a return, to pay the tax, penalty, or interest shown in a
3082	3082	14 filed return, or to pay any final assessment of tax, penalty,
3083	3083	15 or interest as required by any tax Act administered by the
3084	3084	16 Department of Revenue, until the requirements of the tax Act
3085	3085	17 are satisfied in accordance with subsection (g) of Section
3086	3086	18 2105-15 of the Department of Professional Regulation Law of
3087	3087	19 the Civil Administrative Code of Illinois.
3088	3088	20 (Source: P.A. 100-872, eff. 8-14-18; 101-269, eff. 8-9-19.)
3089	3089	21 Section 50. The Illinois Physical Therapy Act is amended
3090	3090	22 by changing Section 17 and by adding Section 9.5 as follows:
3091	3091	23 (225 ILCS 90/9.5 new)
3092	3092	24 Sec. 9.5. Criminal history records background check. Each
3093	3093
3094	3094
3095	3095
3096	3096
3097	3097
3098	3098	HB5040 - 86 - LRB103 37791 RTM 67920 b
3099	3099
3100	3100
3101	3101	HB5040- 87 -LRB103 37791 RTM 67920 b HB5040 - 87 - LRB103 37791 RTM 67920 b
3102	3102	HB5040 - 87 - LRB103 37791 RTM 67920 b
3103	3103	1 applicant for licensure under this Act, or for renewal
3104	3104	2 thereof, shall have his or her fingerprints submitted to the
3105	3105	3 Illinois State Police in an electronic format that complies
3106	3106	4 with the form and manner for requesting and furnishing
3107	3107	5 criminal history record information as prescribed by the
3108	3108	6 Illinois State Police. These fingerprints shall be checked
3109	3109	7 against the Illinois State Police and Federal Bureau of
3110	3110	8 Investigation criminal history record databases now and
3111	3111	9 hereafter filed. The Illinois State Police shall charge
3112	3112	10 applicants a fee for conducting the criminal history records
3113	3113	11 check, which shall be deposited into the State Police Services
3114	3114	12 Fund and shall not exceed the actual cost of the records check.
3115	3115	13 The Illinois State Police shall furnish, pursuant to positive
3116	3116	14 identification, records of Illinois convictions to the
3117	3117	15 Department. The Department may require applicants to pay a
3118	3118	16 separate fingerprinting fee, either to the Department or to a
3119	3119	17 vendor. The Department, in its discretion, may allow an
3120	3120	18 applicant who does not have reasonable access to a designated
3121	3121	19 vendor to provide his or her fingerprints in an alternative
3122	3122	20 manner. The Department may adopt any rules necessary to
3123	3123	21 implement this Section.
3124	3124	22 (225 ILCS 90/17) (from Ch. 111, par. 4267)
3125	3125	23 (Section scheduled to be repealed on January 1, 2026)
3126	3126	24 Sec. 17. (1) The Department may refuse to issue or to
3127	3127	25 renew, or may revoke, suspend, place on probation, reprimand,
3128	3128
3129	3129
3130	3130
3131	3131
3132	3132
3133	3133	HB5040 - 87 - LRB103 37791 RTM 67920 b
3134	3134
3135	3135
3136	3136	HB5040- 88 -LRB103 37791 RTM 67920 b HB5040 - 88 - LRB103 37791 RTM 67920 b
3137	3137	HB5040 - 88 - LRB103 37791 RTM 67920 b
3138	3138	1 or take other disciplinary action as the Department deems
3139	3139	2 appropriate, including the issuance of fines not to exceed
3140	3140	3 $5000, with regard to a license for any one or a combination of
3141	3141	4 the following:
3142	3142	5 A. Material misstatement in furnishing information to
3143	3143	6 the Department or otherwise making misleading, deceptive,
3144	3144	7 untrue, or fraudulent representations in violation of this
3145	3145	8 Act or otherwise in the practice of the profession;
3146	3146	9 B. Violations of this Act, or of the rules or
3147	3147	10 regulations promulgated hereunder;
3148	3148	11 C. Conviction of any crime under the laws of the
3149	3149	12 United States or any state or territory thereof which is a
3150	3150	13 felony or which is a misdemeanor, an essential element of
3151	3151	14 which is dishonesty, or of any crime which is directly
3152	3152	15 related to the practice of the profession; conviction, as
3153	3153	16 used in this paragraph, shall include a finding or verdict
3154	3154	17 of guilty, an admission of guilt or a plea of nolo
3155	3155	18 contendere;
3156	3156	19 D. Making any misrepresentation for the purpose of
3157	3157	20 obtaining licenses, or violating any provision of this Act
3158	3158	21 or the rules promulgated thereunder pertaining to
3159	3159	22 advertising;
3160	3160	23 E. A pattern of practice or other behavior which
3161	3161	24 demonstrates incapacity or incompetency to practice under
3162	3162	25 this Act;
3163	3163	26 F. Aiding or assisting another person in violating any
3164	3164
3165	3165
3166	3166
3167	3167
3168	3168
3169	3169	HB5040 - 88 - LRB103 37791 RTM 67920 b
3170	3170
3171	3171
3172	3172	HB5040- 89 -LRB103 37791 RTM 67920 b HB5040 - 89 - LRB103 37791 RTM 67920 b
3173	3173	HB5040 - 89 - LRB103 37791 RTM 67920 b
3174	3174	1 provision of this Act or Rules;
3175	3175	2 G. Failing, within 60 days, to provide information in
3176	3176	3 response to a written request made by the Department;
3177	3177	4 H. Engaging in dishonorable, unethical or
3178	3178	5 unprofessional conduct of a character likely to deceive,
3179	3179	6 defraud or harm the public. Unprofessional conduct shall
3180	3180	7 include any departure from or the failure to conform to
3181	3181	8 the minimal standards of acceptable and prevailing
3182	3182	9 physical therapy practice, in which proceeding actual
3183	3183	10 injury to a patient need not be established;
3184	3184	11 I. Unlawful distribution of any drug or narcotic, or
3185	3185	12 unlawful conversion of any drug or narcotic not belonging
3186	3186	13 to the person for such person's own use or benefit or for
3187	3187	14 other than medically accepted therapeutic purposes;
3188	3188	15 J. Habitual or excessive use or addiction to alcohol,
3189	3189	16 narcotics, stimulants, or any other chemical agent or drug
3190	3190	17 which results in a physical therapist's or physical
3191	3191	18 therapist assistant's inability to practice with
3192	3192	19 reasonable judgment, skill or safety;
3193	3193	20 K. Revocation or suspension of a license to practice
3194	3194	21 physical therapy as a physical therapist or physical
3195	3195	22 therapist assistant or the taking of other disciplinary
3196	3196	23 action by the proper licensing authority of another state,
3197	3197	24 territory or country;
3198	3198	25 L. Directly or indirectly giving to or receiving from
3199	3199	26 any person, firm, corporation, partnership, or association
3200	3200
3201	3201
3202	3202
3203	3203
3204	3204
3205	3205	HB5040 - 89 - LRB103 37791 RTM 67920 b
3206	3206
3207	3207
3208	3208	HB5040- 90 -LRB103 37791 RTM 67920 b HB5040 - 90 - LRB103 37791 RTM 67920 b
3209	3209	HB5040 - 90 - LRB103 37791 RTM 67920 b
3210	3210	1 any fee, commission, rebate or other form of compensation
3211	3211	2 for any professional services not actually or personally
3212	3212	3 rendered. Nothing contained in this paragraph prohibits
3213	3213	4 persons holding valid and current licenses under this Act
3214	3214	5 from practicing physical therapy in partnership under a
3215	3215	6 partnership agreement, including a limited liability
3216	3216	7 partnership, a limited liability company, or a corporation
3217	3217	8 under the Professional Service Corporation Act or from
3218	3218	9 pooling, sharing, dividing, or apportioning the fees and
3219	3219	10 monies received by them or by the partnership, company, or
3220	3220	11 corporation in accordance with the partnership agreement
3221	3221	12 or the policies of the company or professional
3222	3222	13 corporation. Nothing in this paragraph (L) affects any
3223	3223	14 bona fide independent contractor or employment
3224	3224	15 arrangements among health care professionals, health
3225	3225	16 facilities, health care providers, or other entities,
3226	3226	17 except as otherwise prohibited by law. Any employment
3227	3227	18 arrangements may include provisions for compensation,
3228	3228	19 health insurance, pension, or other employment benefits
3229	3229	20 for the provision of services within the scope of the
3230	3230	21 licensee's practice under this Act. Nothing in this
3231	3231	22 paragraph (L) shall be construed to require an employment
3232	3232	23 arrangement to receive professional fees for services
3233	3233	24 rendered;
3234	3234	25 M. A finding by the Board that the licensee after
3235	3235	26 having his or her license placed on probationary status
3236	3236
3237	3237
3238	3238
3239	3239
3240	3240
3241	3241	HB5040 - 90 - LRB103 37791 RTM 67920 b
3242	3242
3243	3243
3244	3244	HB5040- 91 -LRB103 37791 RTM 67920 b HB5040 - 91 - LRB103 37791 RTM 67920 b
3245	3245	HB5040 - 91 - LRB103 37791 RTM 67920 b
3246	3246	1 has violated the terms of probation;
3247	3247	2 N. Abandonment of a patient;
3248	3248	3 O. Willfully failing to report an instance of
3249	3249	4 suspected child abuse or neglect as required by the Abused
3250	3250	5 and Neglected Child Reporting Act;
3251	3251	6 P. Willfully failing to report an instance of
3252	3252	7 suspected elder abuse or neglect as required by the Elder
3253	3253	8 Abuse Reporting Act;
3254	3254	9 Q. Physical illness, including but not limited to,
3255	3255	10 deterioration through the aging process, or loss of motor
3256	3256	11 skill which results in the inability to practice the
3257	3257	12 profession with reasonable judgement, skill or safety;
3258	3258	13 R. The use of any words (such as physical therapy,
3259	3259	14 physical therapist physiotherapy or physiotherapist),
3260	3260	15 abbreviations, figures or letters with the intention of
3261	3261	16 indicating practice as a licensed physical therapist
3262	3262	17 without a valid license as a physical therapist issued
3263	3263	18 under this Act;
3264	3264	19 S. The use of the term physical therapist assistant,
3265	3265	20 or abbreviations, figures, or letters with the intention
3266	3266	21 of indicating practice as a physical therapist assistant
3267	3267	22 without a valid license as a physical therapist assistant
3268	3268	23 issued under this Act;
3269	3269	24 T. Willfully violating or knowingly assisting in the
3270	3270	25 violation of any law of this State relating to the
3271	3271	26 practice of abortion;
3272	3272
3273	3273
3274	3274
3275	3275
3276	3276
3277	3277	HB5040 - 91 - LRB103 37791 RTM 67920 b
3278	3278
3279	3279
3280	3280	HB5040- 92 -LRB103 37791 RTM 67920 b HB5040 - 92 - LRB103 37791 RTM 67920 b
3281	3281	HB5040 - 92 - LRB103 37791 RTM 67920 b
3282	3282	1 U. Continued practice by a person knowingly having an
3283	3283	2 infectious, communicable or contagious disease;
3284	3284	3 V. Having treated ailments of human beings otherwise
3285	3285	4 than by the practice of physical therapy as defined in
3286	3286	5 this Act, or having treated ailments of human beings as a
3287	3287	6 licensed physical therapist in violation of Section 1.2;
3288	3288	7 W. Being named as a perpetrator in an indicated report
3289	3289	8 by the Department of Children and Family Services pursuant
3290	3290	9 to the Abused and Neglected Child Reporting Act, and upon
3291	3291	10 proof by clear and convincing evidence that the licensee
3292	3292	11 has caused a child to be an abused child or neglected child
3293	3293	12 as defined in the Abused and Neglected Child Reporting
3294	3294	13 Act;
3295	3295	14 X. Interpretation of referrals, performance of
3296	3296	15 evaluation procedures, planning or making major
3297	3297	16 modifications of patient programs by a physical therapist
3298	3298	17 assistant;
3299	3299	18 Y. Failure by a physical therapist assistant and
3300	3300	19 supervising physical therapist to maintain continued
3301	3301	20 contact, including periodic personal supervision and
3302	3302	21 instruction, to insure safety and welfare of patients;
3303	3303	22 Z. Violation of the Health Care Worker Self-Referral
3304	3304	23 Act.
3305	3305	24 (1.5) Notwithstanding anything in this Act to the
3306	3306	25 contrary, a finding of guilt by a judge or jury, a guilty plea,
3307	3307	26 or plea of no contest entered after the effective date of this
3308	3308
3309	3309
3310	3310
3311	3311
3312	3312
3313	3313	HB5040 - 92 - LRB103 37791 RTM 67920 b
3314	3314
3315	3315
3316	3316	HB5040- 93 -LRB103 37791 RTM 67920 b HB5040 - 93 - LRB103 37791 RTM 67920 b
3317	3317	HB5040 - 93 - LRB103 37791 RTM 67920 b
3318	3318	1 amendatory Act of the 103rd General Assembly of any of the
3319	3319	2 offenses listed in subsection (a) or (a-1) of Section 25 of the
3320	3320	3 Health Care Worker Background Check Act, except for Section
3321	3321	4 16-25 of the Criminal Code of 2012, is a disqualifying
3322	3322	5 offense, and the individual's license shall be automatically
3323	3323	6 revoked when the Department is notified that the individual
3324	3324	7 has been found guilty or has pled guilty or no contest. The
3325	3325	8 individual may appeal the revocation to the Department only
3326	3326	9 upon the reversal of the criminal conviction.
3327	3327	10 (2) The determination by a circuit court that a licensee
3328	3328	11 is subject to involuntary admission or judicial admission as
3329	3329	12 provided in the Mental Health and Developmental Disabilities
3330	3330	13 Code operates as an automatic suspension. Such suspension will
3331	3331	14 end only upon a finding by a court that the patient is no
3332	3332	15 longer subject to involuntary admission or judicial admission
3333	3333	16 and the issuance of an order so finding and discharging the
3334	3334	17 patient; and upon the recommendation of the Board to the
3335	3335	18 Director that the licensee be allowed to resume his practice.
3336	3336	19 (3) The Department may refuse to issue or may suspend the
3337	3337	20 license of any person who fails to file a return, or to pay the
3338	3338	21 tax, penalty or interest shown in a filed return, or to pay any
3339	3339	22 final assessment of tax, penalty or interest, as required by
3340	3340	23 any tax Act administered by the Illinois Department of
3341	3341	24 Revenue, until such time as the requirements of any such tax
3342	3342	25 Act are satisfied.
3343	3343	26 (Source: P.A. 100-513, eff. 1-1-18; 100-897, eff. 8-16-18.)
3344	3344
3345	3345
3346	3346
3347	3347
3348	3348
3349	3349	HB5040 - 93 - LRB103 37791 RTM 67920 b
3350	3350
3351	3351
3352	3352	HB5040- 94 -LRB103 37791 RTM 67920 b HB5040 - 94 - LRB103 37791 RTM 67920 b
3353	3353	HB5040 - 94 - LRB103 37791 RTM 67920 b
3354	3354	1 Section 55. The Physician Assistant Practice Act of 1987
3355	3355	2 is amended by changing Section 21 and by adding Section 9.9 as
3356	3356	3 follows:
3357	3357	4 (225 ILCS 95/9.9 new)
3358	3358	5 Sec. 9.9. Criminal history. Any Department process under
3359	3359	6 statute or rule used to verify the criminal history of an
3360	3360	7 applicant for licensure under this Act shall be used for all
3361	3361	8 applicants for licensure, applicants for renewal of a license,
3362	3362	9 or persons whose conviction of a crime or other behavior
3363	3363	10 warrants review of a license under this Act.
3364	3364	11 (225 ILCS 95/21) (from Ch. 111, par. 4621)
3365	3365	12 (Section scheduled to be repealed on January 1, 2028)
3366	3366	13 Sec. 21. Grounds for disciplinary action.
3367	3367	14 (a) The Department may refuse to issue or to renew, or may
3368	3368	15 revoke, suspend, place on probation, reprimand, or take other
3369	3369	16 disciplinary or non-disciplinary action with regard to any
3370	3370	17 license issued under this Act as the Department may deem
3371	3371	18 proper, including the issuance of fines not to exceed $10,000
3372	3372	19 for each violation, for any one or combination of the
3373	3373	20 following causes:
3374	3374	21 (1) Material misstatement in furnishing information to
3375	3375	22 the Department.
3376	3376	23 (2) Violations of this Act, or the rules adopted under
3377	3377
3378	3378
3379	3379
3380	3380
3381	3381
3382	3382	HB5040 - 94 - LRB103 37791 RTM 67920 b
3383	3383
3384	3384
3385	3385	HB5040- 95 -LRB103 37791 RTM 67920 b HB5040 - 95 - LRB103 37791 RTM 67920 b
3386	3386	HB5040 - 95 - LRB103 37791 RTM 67920 b
3387	3387	1 this Act.
3388	3388	2 (3) Conviction by plea of guilty or nolo contendere,
3389	3389	3 finding of guilt, jury verdict, or entry of judgment or
3390	3390	4 sentencing, including, but not limited to, convictions,
3391	3391	5 preceding sentences of supervision, conditional discharge,
3392	3392	6 or first offender probation, under the laws of any
3393	3393	7 jurisdiction of the United States that is: (i) a felony;
3394	3394	8 or (ii) a misdemeanor, an essential element of which is
3395	3395	9 dishonesty, or that is directly related to the practice of
3396	3396	10 the profession.
3397	3397	11 (4) Making any misrepresentation for the purpose of
3398	3398	12 obtaining licenses.
3399	3399	13 (5) Professional incompetence.
3400	3400	14 (6) Aiding or assisting another person in violating
3401	3401	15 any provision of this Act or its rules.
3402	3402	16 (7) Failing, within 60 days, to provide information in
3403	3403	17 response to a written request made by the Department.
3404	3404	18 (8) Engaging in dishonorable, unethical, or
3405	3405	19 unprofessional conduct, as defined by rule, of a character
3406	3406	20 likely to deceive, defraud, or harm the public.
3407	3407	21 (9) Habitual or excessive use or addiction to alcohol,
3408	3408	22 narcotics, stimulants, or any other chemical agent or drug
3409	3409	23 that results in a physician assistant's inability to
3410	3410	24 practice with reasonable judgment, skill, or safety.
3411	3411	25 (10) Discipline by another U.S. jurisdiction or
3412	3412	26 foreign nation, if at least one of the grounds for
3413	3413
3414	3414
3415	3415
3416	3416
3417	3417
3418	3418	HB5040 - 95 - LRB103 37791 RTM 67920 b
3419	3419
3420	3420
3421	3421	HB5040- 96 -LRB103 37791 RTM 67920 b HB5040 - 96 - LRB103 37791 RTM 67920 b
3422	3422	HB5040 - 96 - LRB103 37791 RTM 67920 b
3423	3423	1 discipline is the same or substantially equivalent to
3424	3424	2 those set forth in this Section.
3425	3425	3 (11) Directly or indirectly giving to or receiving
3426	3426	4 from any person, firm, corporation, partnership, or
3427	3427	5 association any fee, commission, rebate or other form of
3428	3428	6 compensation for any professional services not actually or
3429	3429	7 personally rendered. Nothing in this paragraph (11)
3430	3430	8 affects any bona fide independent contractor or employment
3431	3431	9 arrangements, which may include provisions for
3432	3432	10 compensation, health insurance, pension, or other
3433	3433	11 employment benefits, with persons or entities authorized
3434	3434	12 under this Act for the provision of services within the
3435	3435	13 scope of the licensee's practice under this Act.
3436	3436	14 (12) A finding by the Board that the licensee, after
3437	3437	15 having his or her license placed on probationary status,
3438	3438	16 has violated the terms of probation.
3439	3439	17 (13) Abandonment of a patient.
3440	3440	18 (14) Willfully making or filing false records or
3441	3441	19 reports in his or her practice, including but not limited
3442	3442	20 to false records filed with State agencies or departments.
3443	3443	21 (15) Willfully failing to report an instance of
3444	3444	22 suspected child abuse or neglect as required by the Abused
3445	3445	23 and Neglected Child Reporting Act.
3446	3446	24 (16) Physical illness, or mental illness or impairment
3447	3447	25 that results in the inability to practice the profession
3448	3448	26 with reasonable judgment, skill, or safety, including, but
3449	3449
3450	3450
3451	3451
3452	3452
3453	3453
3454	3454	HB5040 - 96 - LRB103 37791 RTM 67920 b
3455	3455
3456	3456
3457	3457	HB5040- 97 -LRB103 37791 RTM 67920 b HB5040 - 97 - LRB103 37791 RTM 67920 b
3458	3458	HB5040 - 97 - LRB103 37791 RTM 67920 b
3459	3459	1 not limited to, deterioration through the aging process or
3460	3460	2 loss of motor skill.
3461	3461	3 (17) Being named as a perpetrator in an indicated
3462	3462	4 report by the Department of Children and Family Services
3463	3463	5 under the Abused and Neglected Child Reporting Act, and
3464	3464	6 upon proof by clear and convincing evidence that the
3465	3465	7 licensee has caused a child to be an abused child or
3466	3466	8 neglected child as defined in the Abused and Neglected
3467	3467	9 Child Reporting Act.
3468	3468	10 (18) (Blank).
3469	3469	11 (19) Gross negligence resulting in permanent injury or
3470	3470	12 death of a patient.
3471	3471	13 (20) Employment of fraud, deception or any unlawful
3472	3472	14 means in applying for or securing a license as a physician
3473	3473	15 assistant.
3474	3474	16 (21) Exceeding the authority delegated to him or her
3475	3475	17 by his or her collaborating physician in a written
3476	3476	18 collaborative agreement.
3477	3477	19 (22) Immoral conduct in the commission of any act,
3478	3478	20 such as sexual abuse, sexual misconduct, or sexual
3479	3479	21 exploitation related to the licensee's practice.
3480	3480	22 (23) Violation of the Health Care Worker Self-Referral
3481	3481	23 Act.
3482	3482	24 (24) Practicing under a false or assumed name, except
3483	3483	25 as provided by law.
3484	3484	26 (25) Making a false or misleading statement regarding
3485	3485
3486	3486
3487	3487
3488	3488
3489	3489
3490	3490	HB5040 - 97 - LRB103 37791 RTM 67920 b
3491	3491
3492	3492
3493	3493	HB5040- 98 -LRB103 37791 RTM 67920 b HB5040 - 98 - LRB103 37791 RTM 67920 b
3494	3494	HB5040 - 98 - LRB103 37791 RTM 67920 b
3495	3495	1 his or her skill or the efficacy or value of the medicine,
3496	3496	2 treatment, or remedy prescribed by him or her in the
3497	3497	3 course of treatment.
3498	3498	4 (26) Allowing another person to use his or her license
3499	3499	5 to practice.
3500	3500	6 (27) Prescribing, selling, administering,
3501	3501	7 distributing, giving, or self-administering a drug
3502	3502	8 classified as a controlled substance for other than
3503	3503	9 medically accepted therapeutic purposes.
3504	3504	10 (28) Promotion of the sale of drugs, devices,
3505	3505	11 appliances, or goods provided for a patient in a manner to
3506	3506	12 exploit the patient for financial gain.
3507	3507	13 (29) A pattern of practice or other behavior that
3508	3508	14 demonstrates incapacity or incompetence to practice under
3509	3509	15 this Act.
3510	3510	16 (30) Violating State or federal laws or regulations
3511	3511	17 relating to controlled substances or other legend drugs or
3512	3512	18 ephedra as defined in the Ephedra Prohibition Act.
3513	3513	19 (31) Exceeding the prescriptive authority delegated by
3514	3514	20 the collaborating physician or violating the written
3515	3515	21 collaborative agreement delegating that authority.
3516	3516	22 (32) Practicing without providing to the Department a
3517	3517	23 notice of collaboration or delegation of prescriptive
3518	3518	24 authority.
3519	3519	25 (33) Failure to establish and maintain records of
3520	3520	26 patient care and treatment as required by law.
3521	3521
3522	3522
3523	3523
3524	3524
3525	3525
3526	3526	HB5040 - 98 - LRB103 37791 RTM 67920 b
3527	3527
3528	3528
3529	3529	HB5040- 99 -LRB103 37791 RTM 67920 b HB5040 - 99 - LRB103 37791 RTM 67920 b
3530	3530	HB5040 - 99 - LRB103 37791 RTM 67920 b
3531	3531	1 (34) Attempting to subvert or cheat on the examination
3532	3532	2 of the National Commission on Certification of Physician
3533	3533	3 Assistants or its successor agency.
3534	3534	4 (35) Willfully or negligently violating the
3535	3535	5 confidentiality between physician assistant and patient,
3536	3536	6 except as required by law.
3537	3537	7 (36) Willfully failing to report an instance of
3538	3538	8 suspected abuse, neglect, financial exploitation, or
3539	3539	9 self-neglect of an eligible adult as defined in and
3540	3540	10 required by the Adult Protective Services Act.
3541	3541	11 (37) Being named as an abuser in a verified report by
3542	3542	12 the Department on Aging under the Adult Protective
3543	3543	13 Services Act and upon proof by clear and convincing
3544	3544	14 evidence that the licensee abused, neglected, or
3545	3545	15 financially exploited an eligible adult as defined in the
3546	3546	16 Adult Protective Services Act.
3547	3547	17 (38) Failure to report to the Department an adverse
3548	3548	18 final action taken against him or her by another licensing
3549	3549	19 jurisdiction of the United States or a foreign state or
3550	3550	20 country, a peer review body, a health care institution, a
3551	3551	21 professional society or association, a governmental
3552	3552	22 agency, a law enforcement agency, or a court acts or
3553	3553	23 conduct similar to acts or conduct that would constitute
3554	3554	24 grounds for action under this Section.
3555	3555	25 (39) Failure to provide copies of records of patient
3556	3556	26 care or treatment, except as required by law.
3557	3557
3558	3558
3559	3559
3560	3560
3561	3561
3562	3562	HB5040 - 99 - LRB103 37791 RTM 67920 b
3563	3563
3564	3564
3565	3565	HB5040- 100 -LRB103 37791 RTM 67920 b HB5040 - 100 - LRB103 37791 RTM 67920 b
3566	3566	HB5040 - 100 - LRB103 37791 RTM 67920 b
3567	3567	1 (40) Entering into an excessive number of written
3568	3568	2 collaborative agreements with licensed physicians
3569	3569	3 resulting in an inability to adequately collaborate.
3570	3570	4 (41) Repeated failure to adequately collaborate with a
3571	3571	5 collaborating physician.
3572	3572	6 (42) Violating the Compassionate Use of Medical
3573	3573	7 Cannabis Program Act.
3574	3574	8 (a-5) Notwithstanding anything in this Act to the
3575	3575	9 contrary, a finding of guilt by a judge or jury, a guilty plea,
3576	3576	10 or plea of no contest entered after the effective date of this
3577	3577	11 amendatory Act of the 103rd General Assembly of any of the
3578	3578	12 offenses listed in subsection (a) or (a-1) of Section 25 of the
3579	3579	13 Health Care Worker Background Check Act, except for Section
3580	3580	14 16-25 of the Criminal Code of 2012, is a disqualifying
3581	3581	15 offense, and the individual's license shall be automatically
3582	3582	16 revoked when the Department is notified that the individual
3583	3583	17 has been found guilty or has pled guilty or no contest. The
3584	3584	18 individual may appeal the revocation to the Department only
3585	3585	19 upon the reversal of the criminal conviction.
3586	3586	20 (b) The Department may, without a hearing, refuse to issue
3587	3587	21 or renew or may suspend the license of any person who fails to
3588	3588	22 file a return, or to pay the tax, penalty or interest shown in
3589	3589	23 a filed return, or to pay any final assessment of the tax,
3590	3590	24 penalty, or interest as required by any tax Act administered
3591	3591	25 by the Illinois Department of Revenue, until such time as the
3592	3592	26 requirements of any such tax Act are satisfied.
3593	3593
3594	3594
3595	3595
3596	3596
3597	3597
3598	3598	HB5040 - 100 - LRB103 37791 RTM 67920 b
3599	3599
3600	3600
3601	3601	HB5040- 101 -LRB103 37791 RTM 67920 b HB5040 - 101 - LRB103 37791 RTM 67920 b
3602	3602	HB5040 - 101 - LRB103 37791 RTM 67920 b
3603	3603	1 (b-5) The Department shall not revoke, suspend, summarily
3604	3604	2 suspend, place on prohibition, reprimand, refuse to issue or
3605	3605	3 renew, or take any other disciplinary or non-disciplinary
3606	3606	4 action against the license or permit issued under this Act to
3607	3607	5 practice as a physician assistant based solely upon the
3608	3608	6 physician assistant providing, authorizing, recommending,
3609	3609	7 aiding, assisting, referring for, or otherwise participating
3610	3610	8 in any health care service, so long as the care was not
3611	3611	9 unlawful under the laws of this State, regardless of whether
3612	3612	10 the patient was a resident of this State or another state.
3613	3613	11 (b-10) The Department shall not revoke, suspend, summarily
3614	3614	12 suspend, place on prohibition, reprimand, refuse to issue or
3615	3615	13 renew, or take any other disciplinary or non-disciplinary
3616	3616	14 action against the license or permit issued under this Act to
3617	3617	15 practice as a physician assistant based upon the physician
3618	3618	16 assistant's license being revoked or suspended, or the
3619	3619	17 physician assistant being otherwise disciplined by any other
3620	3620	18 state, if that revocation, suspension, or other form of
3621	3621	19 discipline was based solely on the physician assistant
3622	3622	20 violating another state's laws prohibiting the provision of,
3623	3623	21 authorization of, recommendation of, aiding or assisting in,
3624	3624	22 referring for, or participation in any health care service if
3625	3625	23 that health care service as provided would not have been
3626	3626	24 unlawful under the laws of this State and is consistent with
3627	3627	25 the standards of conduct for a physician assistant practicing
3628	3628	26 in Illinois.
3629	3629
3630	3630
3631	3631
3632	3632
3633	3633
3634	3634	HB5040 - 101 - LRB103 37791 RTM 67920 b
3635	3635
3636	3636
3637	3637	HB5040- 102 -LRB103 37791 RTM 67920 b HB5040 - 102 - LRB103 37791 RTM 67920 b
3638	3638	HB5040 - 102 - LRB103 37791 RTM 67920 b
3639	3639	1 (b-15) The conduct specified in subsections (b-5) and
3640	3640	2 (b-10) shall not constitute grounds for suspension under
3641	3641	3 Section 22.13.
3642	3642	4 (b-20) An applicant seeking licensure, certification, or
3643	3643	5 authorization pursuant to this Act who has been subject to
3644	3644	6 disciplinary action by a duly authorized professional
3645	3645	7 disciplinary agency of another jurisdiction solely on the
3646	3646	8 basis of having provided, authorized, recommended, aided,
3647	3647	9 assisted, referred for, or otherwise participated in health
3648	3648	10 care shall not be denied such licensure, certification, or
3649	3649	11 authorization, unless the Department determines that such
3650	3650	12 action would have constituted professional misconduct in this
3651	3651	13 State; however, nothing in this Section shall be construed as
3652	3652	14 prohibiting the Department from evaluating the conduct of such
3653	3653	15 applicant and making a determination regarding the licensure,
3654	3654	16 certification, or authorization to practice a profession under
3655	3655	17 this Act.
3656	3656	18 (c) The determination by a circuit court that a licensee
3657	3657	19 is subject to involuntary admission or judicial admission as
3658	3658	20 provided in the Mental Health and Developmental Disabilities
3659	3659	21 Code operates as an automatic suspension. The suspension will
3660	3660	22 end only upon a finding by a court that the patient is no
3661	3661	23 longer subject to involuntary admission or judicial admission
3662	3662	24 and issues an order so finding and discharging the patient,
3663	3663	25 and upon the recommendation of the Board to the Secretary that
3664	3664	26 the licensee be allowed to resume his or her practice.
3665	3665
3666	3666
3667	3667
3668	3668
3669	3669
3670	3670	HB5040 - 102 - LRB103 37791 RTM 67920 b
3671	3671
3672	3672
3673	3673	HB5040- 103 -LRB103 37791 RTM 67920 b HB5040 - 103 - LRB103 37791 RTM 67920 b
3674	3674	HB5040 - 103 - LRB103 37791 RTM 67920 b
3675	3675	1 (d) In enforcing this Section, the Department upon a
3676	3676	2 showing of a possible violation may compel an individual
3677	3677	3 licensed to practice under this Act, or who has applied for
3678	3678	4 licensure under this Act, to submit to a mental or physical
3679	3679	5 examination, or both, which may include a substance abuse or
3680	3680	6 sexual offender evaluation, as required by and at the expense
3681	3681	7 of the Department.
3682	3682	8 The Department shall specifically designate the examining
3683	3683	9 physician licensed to practice medicine in all of its branches
3684	3684	10 or, if applicable, the multidisciplinary team involved in
3685	3685	11 providing the mental or physical examination or both. The
3686	3686	12 multidisciplinary team shall be led by a physician licensed to
3687	3687	13 practice medicine in all of its branches and may consist of one
3688	3688	14 or more or a combination of physicians licensed to practice
3689	3689	15 medicine in all of its branches, licensed clinical
3690	3690	16 psychologists, licensed clinical social workers, licensed
3691	3691	17 clinical professional counselors, and other professional and
3692	3692	18 administrative staff. Any examining physician or member of the
3693	3693	19 multidisciplinary team may require any person ordered to
3694	3694	20 submit to an examination pursuant to this Section to submit to
3695	3695	21 any additional supplemental testing deemed necessary to
3696	3696	22 complete any examination or evaluation process, including, but
3697	3697	23 not limited to, blood testing, urinalysis, psychological
3698	3698	24 testing, or neuropsychological testing.
3699	3699	25 The Department may order the examining physician or any
3700	3700	26 member of the multidisciplinary team to provide to the
3701	3701
3702	3702
3703	3703
3704	3704
3705	3705
3706	3706	HB5040 - 103 - LRB103 37791 RTM 67920 b
3707	3707
3708	3708
3709	3709	HB5040- 104 -LRB103 37791 RTM 67920 b HB5040 - 104 - LRB103 37791 RTM 67920 b
3710	3710	HB5040 - 104 - LRB103 37791 RTM 67920 b
3711	3711	1 Department any and all records, including business records,
3712	3712	2 that relate to the examination and evaluation, including any
3713	3713	3 supplemental testing performed.
3714	3714	4 The Department may order the examining physician or any
3715	3715	5 member of the multidisciplinary team to present testimony
3716	3716	6 concerning the mental or physical examination of the licensee
3717	3717	7 or applicant. No information, report, record, or other
3718	3718	8 documents in any way related to the examination shall be
3719	3719	9 excluded by reason of any common law or statutory privilege
3720	3720	10 relating to communications between the licensee or applicant
3721	3721	11 and the examining physician or any member of the
3722	3722	12 multidisciplinary team. No authorization is necessary from the
3723	3723	13 licensee or applicant ordered to undergo an examination for
3724	3724	14 the examining physician or any member of the multidisciplinary
3725	3725	15 team to provide information, reports, records, or other
3726	3726	16 documents or to provide any testimony regarding the
3727	3727	17 examination and evaluation.
3728	3728	18 The individual to be examined may have, at his or her own
3729	3729	19 expense, another physician of his or her choice present during
3730	3730	20 all aspects of this examination. However, that physician shall
3731	3731	21 be present only to observe and may not interfere in any way
3732	3732	22 with the examination.
3733	3733	23 Failure of an individual to submit to a mental or physical
3734	3734	24 examination, when ordered, shall result in an automatic
3735	3735	25 suspension of his or her license until the individual submits
3736	3736	26 to the examination.
3737	3737
3738	3738
3739	3739
3740	3740
3741	3741
3742	3742	HB5040 - 104 - LRB103 37791 RTM 67920 b
3743	3743
3744	3744
3745	3745	HB5040- 105 -LRB103 37791 RTM 67920 b HB5040 - 105 - LRB103 37791 RTM 67920 b
3746	3746	HB5040 - 105 - LRB103 37791 RTM 67920 b
3747	3747	1 If the Department finds an individual unable to practice
3748	3748	2 because of the reasons set forth in this Section, the
3749	3749	3 Department may require that individual to submit to care,
3750	3750	4 counseling, or treatment by physicians approved or designated
3751	3751	5 by the Department, as a condition, term, or restriction for
3752	3752	6 continued, reinstated, or renewed licensure to practice; or,
3753	3753	7 in lieu of care, counseling, or treatment, the Department may
3754	3754	8 file a complaint to immediately suspend, revoke, or otherwise
3755	3755	9 discipline the license of the individual. An individual whose
3756	3756	10 license was granted, continued, reinstated, renewed,
3757	3757	11 disciplined, or supervised subject to such terms, conditions,
3758	3758	12 or restrictions, and who fails to comply with such terms,
3759	3759	13 conditions, or restrictions, shall be referred to the
3760	3760	14 Secretary for a determination as to whether the individual
3761	3761	15 shall have his or her license suspended immediately, pending a
3762	3762	16 hearing by the Department.
3763	3763	17 In instances in which the Secretary immediately suspends a
3764	3764	18 person's license under this Section, a hearing on that
3765	3765	19 person's license must be convened by the Department within 30
3766	3766	20 days after the suspension and completed without appreciable
3767	3767	21 delay. The Department shall have the authority to review the
3768	3768	22 subject individual's record of treatment and counseling
3769	3769	23 regarding the impairment to the extent permitted by applicable
3770	3770	24 federal statutes and regulations safeguarding the
3771	3771	25 confidentiality of medical records.
3772	3772	26 An individual licensed under this Act and affected under
3773	3773
3774	3774
3775	3775
3776	3776
3777	3777
3778	3778	HB5040 - 105 - LRB103 37791 RTM 67920 b
3779	3779
3780	3780
3781	3781	HB5040- 106 -LRB103 37791 RTM 67920 b HB5040 - 106 - LRB103 37791 RTM 67920 b
3782	3782	HB5040 - 106 - LRB103 37791 RTM 67920 b
3783	3783	1 this Section shall be afforded an opportunity to demonstrate
3784	3784	2 to the Department that he or she can resume practice in
3785	3785	3 compliance with acceptable and prevailing standards under the
3786	3786	4 provisions of his or her license.
3787	3787	5 (e) An individual or organization acting in good faith,
3788	3788	6 and not in a willful and wanton manner, in complying with this
3789	3789	7 Section by providing a report or other information to the
3790	3790	8 Board, by assisting in the investigation or preparation of a
3791	3791	9 report or information, by participating in proceedings of the
3792	3792	10 Board, or by serving as a member of the Board, shall not be
3793	3793	11 subject to criminal prosecution or civil damages as a result
3794	3794	12 of such actions.
3795	3795	13 (f) Members of the Board shall be indemnified by the State
3796	3796	14 for any actions occurring within the scope of services on the
3797	3797	15 Board, done in good faith and not willful and wanton in nature.
3798	3798	16 The Attorney General shall defend all such actions unless he
3799	3799	17 or she determines either that there would be a conflict of
3800	3800	18 interest in such representation or that the actions complained
3801	3801	19 of were not in good faith or were willful and wanton.
3802	3802	20 If the Attorney General declines representation, the
3803	3803	21 member has the right to employ counsel of his or her choice,
3804	3804	22 whose fees shall be provided by the State, after approval by
3805	3805	23 the Attorney General, unless there is a determination by a
3806	3806	24 court that the member's actions were not in good faith or were
3807	3807	25 willful and wanton.
3808	3808	26 The member must notify the Attorney General within 7 days
3809	3809
3810	3810
3811	3811
3812	3812
3813	3813
3814	3814	HB5040 - 106 - LRB103 37791 RTM 67920 b
3815	3815
3816	3816
3817	3817	HB5040- 107 -LRB103 37791 RTM 67920 b HB5040 - 107 - LRB103 37791 RTM 67920 b
3818	3818	HB5040 - 107 - LRB103 37791 RTM 67920 b
3819	3819	1 after receipt of notice of the initiation of any action
3820	3820	2 involving services of the Board. Failure to so notify the
3821	3821	3 Attorney General constitutes an absolute waiver of the right
3822	3822	4 to a defense and indemnification.
3823	3823	5 The Attorney General shall determine, within 7 days after
3824	3824	6 receiving such notice, whether he or she will undertake to
3825	3825	7 represent the member.
3826	3826	8 (g) The Department may adopt rules to implement the
3827	3827	9 changes made by this amendatory Act of the 102nd General
3828	3828	10 Assembly.
3829	3829	11 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
3830	3830	12 102-1117, eff. 1-13-23.)
3831	3831	13 Section 60. The Podiatric Medical Practice Act of 1987 is
3832	3832	14 amended by changing Section 24 and by adding Section 13.5 as
3833	3833	15 follows:
3834	3834	16 (225 ILCS 100/13.5 new)
3835	3835	17 Sec. 13.5. Criminal history. Any Department process under
3836	3836	18 statute or rule used to verify the criminal history of an
3837	3837	19 applicant for licensure under this Act shall be used for all
3838	3838	20 applicants for licensure, applicants for renewal of a license,
3839	3839	21 or persons whose conviction of a crime or other behavior
3840	3840	22 warrants review of a license under this Act.
3841	3841	23 (225 ILCS 100/24) (from Ch. 111, par. 4824)
3842	3842
3843	3843
3844	3844
3845	3845
3846	3846
3847	3847	HB5040 - 107 - LRB103 37791 RTM 67920 b
3848	3848
3849	3849
3850	3850	HB5040- 108 -LRB103 37791 RTM 67920 b HB5040 - 108 - LRB103 37791 RTM 67920 b
3851	3851	HB5040 - 108 - LRB103 37791 RTM 67920 b
3852	3852	1 (Section scheduled to be repealed on January 1, 2028)
3853	3853	2 Sec. 24. Grounds for disciplinary action. The Department
3854	3854	3 may refuse to issue, may refuse to renew, may refuse to
3855	3855	4 restore, may suspend, or may revoke any license, or may place
3856	3856	5 on probation, reprimand or take other disciplinary or
3857	3857	6 non-disciplinary action as the Department may deem proper,
3858	3858	7 including fines not to exceed $10,000 for each violation upon
3859	3859	8 anyone licensed under this Act for any of the following
3860	3860	9 reasons:
3861	3861	10 (1) Making a material misstatement in furnishing
3862	3862	11 information to the Department.
3863	3863	12 (2) Violations of this Act, or of the rules adopted
3864	3864	13 under this Act.
3865	3865	14 (3) Conviction by plea of guilty or nolo contendere,
3866	3866	15 finding of guilt, jury verdict, or entry of judgment or
3867	3867	16 sentencing, including, but not limited to, convictions,
3868	3868	17 preceding sentences of supervision, conditional discharge,
3869	3869	18 or first offender probation, under the laws of any
3870	3870	19 jurisdiction of the United States that is (i) a felony or
3871	3871	20 (ii) a misdemeanor, an essential element of which is
3872	3872	21 dishonesty, or that is directly related to the practice of
3873	3873	22 the profession.
3874	3874	23 (4) Making any misrepresentation for the purpose of
3875	3875	24 obtaining licenses, or violating any provision of this Act
3876	3876	25 or the rules promulgated thereunder pertaining to
3877	3877	26 advertising.
3878	3878
3879	3879
3880	3880
3881	3881
3882	3882
3883	3883	HB5040 - 108 - LRB103 37791 RTM 67920 b
3884	3884
3885	3885
3886	3886	HB5040- 109 -LRB103 37791 RTM 67920 b HB5040 - 109 - LRB103 37791 RTM 67920 b
3887	3887	HB5040 - 109 - LRB103 37791 RTM 67920 b
3888	3888	1 (5) Professional incompetence.
3889	3889	2 (6) Gross or repeated malpractice or negligence.
3890	3890	3 (7) Aiding or assisting another person in violating
3891	3891	4 any provision of this Act or rules.
3892	3892	5 (8) Failing, within 30 days, to provide information in
3893	3893	6 response to a written request made by the Department.
3894	3894	7 (9) Engaging in dishonorable, unethical or
3895	3895	8 unprofessional conduct of a character likely to deceive,
3896	3896	9 defraud or harm the public.
3897	3897	10 (10) Habitual or excessive use of alcohol, narcotics,
3898	3898	11 stimulants or other chemical agent or drug that results in
3899	3899	12 the inability to practice podiatric medicine with
3900	3900	13 reasonable judgment, skill or safety.
3901	3901	14 (11) Discipline by another United States jurisdiction
3902	3902	15 if at least one of the grounds for the discipline is the
3903	3903	16 same or substantially equivalent to those set forth in
3904	3904	17 this Section.
3905	3905	18 (12) Violation of the prohibition against fee
3906	3906	19 splitting in Section 24.2 of this Act.
3907	3907	20 (13) A finding by the Board that the licensee, after
3908	3908	21 having his or her license placed on probationary status,
3909	3909	22 has violated the terms of probation.
3910	3910	23 (14) Abandonment of a patient.
3911	3911	24 (15) Willfully making or filing false records or
3912	3912	25 reports in his or her practice, including but not limited
3913	3913	26 to false records filed with state agencies or departments.
3914	3914
3915	3915
3916	3916
3917	3917
3918	3918
3919	3919	HB5040 - 109 - LRB103 37791 RTM 67920 b
3920	3920
3921	3921
3922	3922	HB5040- 110 -LRB103 37791 RTM 67920 b HB5040 - 110 - LRB103 37791 RTM 67920 b
3923	3923	HB5040 - 110 - LRB103 37791 RTM 67920 b
3924	3924	1 (16) Willfully failing to report an instance of
3925	3925	2 suspected child abuse or neglect as required by the Abused
3926	3926	3 and Neglected Child Report Act.
3927	3927	4 (17) Physical illness, mental illness, or other
3928	3928	5 impairment, including, but not limited to, deterioration
3929	3929	6 through the aging process, or loss of motor skill that
3930	3930	7 results in the inability to practice the profession with
3931	3931	8 reasonable judgment, skill or safety.
3932	3932	9 (18) Solicitation of professional services other than
3933	3933	10 permitted advertising.
3934	3934	11 (19) The determination by a circuit court that a
3935	3935	12 licensed podiatric physician is subject to involuntary
3936	3936	13 admission or judicial admission as provided in the Mental
3937	3937	14 Health and Developmental Disabilities Code operates as an
3938	3938	15 automatic suspension. Such suspension will end only upon a
3939	3939	16 finding by a court that the patient is no longer subject to
3940	3940	17 involuntary admission or judicial admission and issues an
3941	3941	18 order so finding and discharging the patient; and upon the
3942	3942	19 recommendation of the Board to the Secretary that the
3943	3943	20 licensee be allowed to resume his or her practice.
3944	3944	21 (20) Holding oneself out to treat human ailments under
3945	3945	22 any name other than his or her own, or the impersonation of
3946	3946	23 any other physician.
3947	3947	24 (21) Revocation or suspension or other action taken
3948	3948	25 with respect to a podiatric medical license in another
3949	3949	26 jurisdiction that would constitute disciplinary action
3950	3950
3951	3951
3952	3952
3953	3953
3954	3954
3955	3955	HB5040 - 110 - LRB103 37791 RTM 67920 b
3956	3956
3957	3957
3958	3958	HB5040- 111 -LRB103 37791 RTM 67920 b HB5040 - 111 - LRB103 37791 RTM 67920 b
3959	3959	HB5040 - 111 - LRB103 37791 RTM 67920 b
3960	3960	1 under this Act.
3961	3961	2 (22) Promotion of the sale of drugs, devices,
3962	3962	3 appliances or goods provided for a patient in such manner
3963	3963	4 as to exploit the patient for financial gain of the
3964	3964	5 podiatric physician.
3965	3965	6 (23) Gross, willful, and continued overcharging for
3966	3966	7 professional services including filing false statements
3967	3967	8 for collection of fees for those services, including, but
3968	3968	9 not limited to, filing false statement for collection of
3969	3969	10 monies for services not rendered from the medical
3970	3970	11 assistance program of the Department of Healthcare and
3971	3971	12 Family Services (formerly Department of Public Aid) under
3972	3972	13 the Illinois Public Aid Code or other private or public
3973	3973	14 third party payor.
3974	3974	15 (24) Being named as a perpetrator in an indicated
3975	3975	16 report by the Department of Children and Family Services
3976	3976	17 under the Abused and Neglected Child Reporting Act, and
3977	3977	18 upon proof by clear and convincing evidence that the
3978	3978	19 licensee has caused a child to be an abused child or
3979	3979	20 neglected child as defined in the Abused and Neglected
3980	3980	21 Child Reporting Act.
3981	3981	22 (25) Willfully making or filing false records or
3982	3982	23 reports in the practice of podiatric medicine, including,
3983	3983	24 but not limited to, false records to support claims
3984	3984	25 against the medical assistance program of the Department
3985	3985	26 of Healthcare and Family Services (formerly Department of
3986	3986
3987	3987
3988	3988
3989	3989
3990	3990
3991	3991	HB5040 - 111 - LRB103 37791 RTM 67920 b
3992	3992
3993	3993
3994	3994	HB5040- 112 -LRB103 37791 RTM 67920 b HB5040 - 112 - LRB103 37791 RTM 67920 b
3995	3995	HB5040 - 112 - LRB103 37791 RTM 67920 b
3996	3996	1 Public Aid) under the Illinois Public Aid Code.
3997	3997	2 (26) (Blank).
3998	3998	3 (27) Immoral conduct in the commission of any act
3999	3999	4 including, sexual abuse, sexual misconduct, or sexual
4000	4000	5 exploitation, related to the licensee's practice.
4001	4001	6 (28) Violation of the Health Care Worker Self-Referral
4002	4002	7 Act.
4003	4003	8 (29) Failure to report to the Department any adverse
4004	4004	9 final action taken against him or her by another licensing
4005	4005	10 jurisdiction of the United States or any foreign state or
4006	4006	11 country, any peer review body, any health care
4007	4007	12 institution, any professional society or association, any
4008	4008	13 governmental agency, any law enforcement agency, or any
4009	4009	14 court for acts or conduct similar to acts or conduct that
4010	4010	15 would constitute grounds for action as defined in this
4011	4011	16 Section.
4012	4012	17 (30) Willfully failing to report an instance of
4013	4013	18 suspected abuse, neglect, financial exploitation, or
4014	4014	19 self-neglect of an eligible adult as defined in and
4015	4015	20 required by the Adult Protective Services Act.
4016	4016	21 (31) Being named as a perpetrator in an indicated
4017	4017	22 report by the Department on Aging under the Adult
4018	4018	23 Protective Services Act, and upon proof by clear and
4019	4019	24 convincing evidence that the licensee has caused an
4020	4020	25 eligible adult to be abused, neglected, or financially
4021	4021	26 exploited as defined in the Adult Protective Services Act.
4022	4022
4023	4023
4024	4024
4025	4025
4026	4026
4027	4027	HB5040 - 112 - LRB103 37791 RTM 67920 b
4028	4028
4029	4029
4030	4030	HB5040- 113 -LRB103 37791 RTM 67920 b HB5040 - 113 - LRB103 37791 RTM 67920 b
4031	4031	HB5040 - 113 - LRB103 37791 RTM 67920 b
4032	4032	1 Notwithstanding anything in this Act to the contrary, a
4033	4033	2 finding of guilt by a judge or jury, a guilty plea, or plea of
4034	4034	3 no contest entered after the effective date of this amendatory
4035	4035	4 Act of the 103rd General Assembly of any of the offenses listed
4036	4036	5 in subsection (a) or (a-1) of Section 25 of the Health Care
4037	4037	6 Worker Background Check Act, except for Section 16-25 of the
4038	4038	7 Criminal Code of 2012, is a disqualifying offense, and the
4039	4039	8 individual's license shall be automatically revoked when the
4040	4040	9 Department is notified that the individual has been found
4041	4041	10 guilty or has pled guilty or no contest. The individual may
4042	4042	11 appeal the revocation to the Department only upon the reversal
4043	4043	12 of the criminal conviction.
4044	4044	13 The Department may refuse to issue or may suspend the
4045	4045	14 license of any person who fails to file a return, or to pay the
4046	4046	15 tax, penalty or interest shown in a filed return, or to pay any
4047	4047	16 final assessment of tax, penalty or interest, as required by
4048	4048	17 any tax Act administered by the Illinois Department of
4049	4049	18 Revenue, until such time as the requirements of any such tax
4050	4050	19 Act are satisfied.
4051	4051	20 Upon receipt of a written communication from the Secretary
4052	4052	21 of Human Services, the Director of Healthcare and Family
4053	4053	22 Services (formerly Director of Public Aid), or the Director of
4054	4054	23 Public Health that continuation of practice of a person
4055	4055	24 licensed under this Act constitutes an immediate danger to the
4056	4056	25 public, the Secretary may immediately suspend the license of
4057	4057	26 such person without a hearing. In instances in which the
4058	4058
4059	4059
4060	4060
4061	4061
4062	4062
4063	4063	HB5040 - 113 - LRB103 37791 RTM 67920 b
4064	4064
4065	4065
4066	4066	HB5040- 114 -LRB103 37791 RTM 67920 b HB5040 - 114 - LRB103 37791 RTM 67920 b
4067	4067	HB5040 - 114 - LRB103 37791 RTM 67920 b
4068	4068	1 Secretary immediately suspends a license under this Section, a
4069	4069	2 hearing upon such person's license must be convened by the
4070	4070	3 Board within 15 days after such suspension and completed
4071	4071	4 without appreciable delay, such hearing held to determine
4072	4072	5 whether to recommend to the Secretary that the person's
4073	4073	6 license be revoked, suspended, placed on probationary status
4074	4074	7 or restored, or such person be subject to other disciplinary
4075	4075	8 action. In such hearing, the written communication and any
4076	4076	9 other evidence submitted therewith may be introduced as
4077	4077	10 evidence against such person; provided, however, the person or
4078	4078	11 his counsel shall have the opportunity to discredit or impeach
4079	4079	12 such evidence and submit evidence rebutting the same.
4080	4080	13 Except for fraud in procuring a license, all proceedings
4081	4081	14 to suspend, revoke, place on probationary status, or take any
4082	4082	15 other disciplinary action as the Department may deem proper,
4083	4083	16 with regard to a license on any of the foregoing grounds, must
4084	4084	17 be commenced within 5 years after receipt by the Department of
4085	4085	18 a complaint alleging the commission of or notice of the
4086	4086	19 conviction order for any of the acts described in this
4087	4087	20 Section. Except for the grounds set forth in items (8), (9),
4088	4088	21 (26), and (29) of this Section, no action shall be commenced
4089	4089	22 more than 10 years after the date of the incident or act
4090	4090	23 alleged to have been a violation of this Section. In the event
4091	4091	24 of the settlement of any claim or cause of action in favor of
4092	4092	25 the claimant or the reduction to final judgment of any civil
4093	4093	26 action in favor of the plaintiff, such claim, cause of action,
4094	4094
4095	4095
4096	4096
4097	4097
4098	4098
4099	4099	HB5040 - 114 - LRB103 37791 RTM 67920 b
4100	4100
4101	4101
4102	4102	HB5040- 115 -LRB103 37791 RTM 67920 b HB5040 - 115 - LRB103 37791 RTM 67920 b
4103	4103	HB5040 - 115 - LRB103 37791 RTM 67920 b
4104	4104	1 or civil action being grounded on the allegation that a person
4105	4105	2 licensed under this Act was negligent in providing care, the
4106	4106	3 Department shall have an additional period of 2 years from the
4107	4107	4 date of notification to the Department under Section 26 of
4108	4108	5 this Act of such settlement or final judgment in which to
4109	4109	6 investigate and commence formal disciplinary proceedings under
4110	4110	7 Section 24 of this Act, except as otherwise provided by law.
4111	4111	8 The time during which the holder of the license was outside the
4112	4112	9 State of Illinois shall not be included within any period of
4113	4113	10 time limiting the commencement of disciplinary action by the
4114	4114	11 Department.
4115	4115	12 In enforcing this Section, the Department or Board upon a
4116	4116	13 showing of a possible violation may compel an individual
4117	4117	14 licensed to practice under this Act, or who has applied for
4118	4118	15 licensure under this Act, to submit to a mental or physical
4119	4119	16 examination, or both, as required by and at the expense of the
4120	4120	17 Department. The Department or Board may order the examining
4121	4121	18 physician to present testimony concerning the mental or
4122	4122	19 physical examination of the licensee or applicant. No
4123	4123	20 information shall be excluded by reason of any common law or
4124	4124	21 statutory privilege relating to communications between the
4125	4125	22 licensee or applicant and the examining physician. The
4126	4126	23 examining physicians shall be specifically designated by the
4127	4127	24 Board or Department. The individual to be examined may have,
4128	4128	25 at his or her own expense, another physician of his or her
4129	4129	26 choice present during all aspects of this examination. Failure
4130	4130
4131	4131
4132	4132
4133	4133
4134	4134
4135	4135	HB5040 - 115 - LRB103 37791 RTM 67920 b
4136	4136
4137	4137
4138	4138	HB5040- 116 -LRB103 37791 RTM 67920 b HB5040 - 116 - LRB103 37791 RTM 67920 b
4139	4139	HB5040 - 116 - LRB103 37791 RTM 67920 b
4140	4140	1 of an individual to submit to a mental or physical
4141	4141	2 examination, when directed, shall be grounds for suspension of
4142	4142	3 his or her license until the individual submits to the
4143	4143	4 examination if the Department finds, after notice and hearing,
4144	4144	5 that the refusal to submit to the examination was without
4145	4145	6 reasonable cause.
4146	4146	7 If the Department or Board finds an individual unable to
4147	4147	8 practice because of the reasons set forth in this Section, the
4148	4148	9 Department or Board may require that individual to submit to
4149	4149	10 care, counseling, or treatment by physicians approved or
4150	4150	11 designated by the Department or Board, as a condition, term,
4151	4151	12 or restriction for continued, restored, or renewed licensure
4152	4152	13 to practice; or, in lieu of care, counseling, or treatment,
4153	4153	14 the Department may file, or the Board may recommend to the
4154	4154	15 Department to file, a complaint to immediately suspend,
4155	4155	16 revoke, or otherwise discipline the license of the individual.
4156	4156	17 An individual whose license was granted, continued, restored,
4157	4157	18 renewed, disciplined or supervised subject to such terms,
4158	4158	19 conditions, or restrictions, and who fails to comply with such
4159	4159	20 terms, conditions, or restrictions, shall be referred to the
4160	4160	21 Secretary for a determination as to whether the individual
4161	4161	22 shall have his or her license suspended immediately, pending a
4162	4162	23 hearing by the Department.
4163	4163	24 In instances in which the Secretary immediately suspends a
4164	4164	25 person's license under this Section, a hearing on that
4165	4165	26 person's license must be convened by the Department within 30
4166	4166
4167	4167
4168	4168
4169	4169
4170	4170
4171	4171	HB5040 - 116 - LRB103 37791 RTM 67920 b
4172	4172
4173	4173
4174	4174	HB5040- 117 -LRB103 37791 RTM 67920 b HB5040 - 117 - LRB103 37791 RTM 67920 b
4175	4175	HB5040 - 117 - LRB103 37791 RTM 67920 b
4176	4176	1 days after the suspension and completed without appreciable
4177	4177	2 delay. The Department and Board shall have the authority to
4178	4178	3 review the subject individual's record of treatment and
4179	4179	4 counseling regarding the impairment to the extent permitted by
4180	4180	5 applicable federal statutes and regulations safeguarding the
4181	4181	6 confidentiality of medical records.
4182	4182	7 An individual licensed under this Act and affected under
4183	4183	8 this Section shall be afforded an opportunity to demonstrate
4184	4184	9 to the Department or Board that he or she can resume practice
4185	4185	10 in compliance with acceptable and prevailing standards under
4186	4186	11 the provisions of his or her license.
4187	4187	12 (Source: P.A. 100-525, eff. 9-22-17.)
4188	4188	13 Section 65. The Respiratory Care Practice Act is amended
4189	4189	14 by changing Section 95 and by adding Section 55.5 as follows:
4190	4190	15 (225 ILCS 106/55.5 new)
4191	4191	16 Sec. 55.5. Criminal history. Any Department process under
4192	4192	17 statute or rule used to verify the criminal history of an
4193	4193	18 applicant for licensure under this Act shall be used for all
4194	4194	19 applicants for licensure, applicants for renewal of a license,
4195	4195	20 or persons whose conviction of a crime or other behavior
4196	4196	21 warrants review of a license under this Act.
4197	4197	22 (225 ILCS 106/95)
4198	4198	23 (Section scheduled to be repealed on January 1, 2026)
4199	4199
4200	4200
4201	4201
4202	4202
4203	4203
4204	4204	HB5040 - 117 - LRB103 37791 RTM 67920 b
4205	4205
4206	4206
4207	4207	HB5040- 118 -LRB103 37791 RTM 67920 b HB5040 - 118 - LRB103 37791 RTM 67920 b
4208	4208	HB5040 - 118 - LRB103 37791 RTM 67920 b
4209	4209	1 Sec. 95. Grounds for discipline.
4210	4210	2 (a) The Department may refuse to issue, renew, or may
4211	4211	3 revoke, suspend, place on probation, reprimand, or take other
4212	4212	4 disciplinary or non-disciplinary action as the Department
4213	4213	5 considers appropriate, including the issuance of fines not to
4214	4214	6 exceed $10,000 for each violation, with regard to any license
4215	4215	7 for any one or combination of the following:
4216	4216	8 (1) Material misstatement in furnishing information to
4217	4217	9 the Department or to any other State or federal agency.
4218	4218	10 (2) Violations of this Act, or any of the rules
4219	4219	11 adopted under this Act.
4220	4220	12 (3) Conviction by plea of guilty or nolo contendere,
4221	4221	13 finding of guilt, jury verdict, or entry of judgment or by
4222	4222	14 sentencing of any crime, including, but not limited to,
4223	4223	15 convictions preceding sentences of supervision,
4224	4224	16 conditional discharge, or first offender probation, under
4225	4225	17 the laws of any jurisdiction of the United States or any
4226	4226	18 state or territory thereof: (i) that is a felony or (ii)
4227	4227	19 that is a misdemeanor, an essential element of which is
4228	4228	20 dishonesty, or that is directly related to the practice of
4229	4229	21 the profession.
4230	4230	22 (4) Making any misrepresentation for the purpose of
4231	4231	23 obtaining a license.
4232	4232	24 (5) Professional incompetence or negligence in the
4233	4233	25 rendering of respiratory care services.
4234	4234	26 (6) Malpractice.
4235	4235
4236	4236
4237	4237
4238	4238
4239	4239
4240	4240	HB5040 - 118 - LRB103 37791 RTM 67920 b
4241	4241
4242	4242
4243	4243	HB5040- 119 -LRB103 37791 RTM 67920 b HB5040 - 119 - LRB103 37791 RTM 67920 b
4244	4244	HB5040 - 119 - LRB103 37791 RTM 67920 b
4245	4245	1 (7) Aiding or assisting another person in violating
4246	4246	2 any rules or provisions of this Act.
4247	4247	3 (8) Failing to provide information within 60 days in
4248	4248	4 response to a written request made by the Department.
4249	4249	5 (9) Engaging in dishonorable, unethical, or
4250	4250	6 unprofessional conduct of a character likely to deceive,
4251	4251	7 defraud, or harm the public.
4252	4252	8 (10) Violating the rules of professional conduct
4253	4253	9 adopted by the Department.
4254	4254	10 (11) Discipline by another jurisdiction, if at least
4255	4255	11 one of the grounds for the discipline is the same or
4256	4256	12 substantially equivalent to those set forth in this Act.
4257	4257	13 (12) Directly or indirectly giving to or receiving
4258	4258	14 from any person, firm, corporation, partnership, or
4259	4259	15 association any fee, commission, rebate, or other form of
4260	4260	16 compensation for any professional services not actually
4261	4261	17 rendered. Nothing in this paragraph (12) affects any bona
4262	4262	18 fide independent contractor or employment arrangements
4263	4263	19 among health care professionals, health facilities, health
4264	4264	20 care providers, or other entities, except as otherwise
4265	4265	21 prohibited by law. Any employment arrangements may include
4266	4266	22 provisions for compensation, health insurance, pension, or
4267	4267	23 other employment benefits for the provision of services
4268	4268	24 within the scope of the licensee's practice under this
4269	4269	25 Act. Nothing in this paragraph (12) shall be construed to
4270	4270	26 require an employment arrangement to receive professional
4271	4271
4272	4272
4273	4273
4274	4274
4275	4275
4276	4276	HB5040 - 119 - LRB103 37791 RTM 67920 b
4277	4277
4278	4278
4279	4279	HB5040- 120 -LRB103 37791 RTM 67920 b HB5040 - 120 - LRB103 37791 RTM 67920 b
4280	4280	HB5040 - 120 - LRB103 37791 RTM 67920 b
4281	4281	1 fees for services rendered.
4282	4282	2 (13) A finding that the licensee, after having her or
4283	4283	3 his license placed on probationary status or subject to
4284	4284	4 conditions or restrictions, has violated the terms of
4285	4285	5 probation or failed to comply with such terms or
4286	4286	6 conditions.
4287	4287	7 (14) Abandonment of a patient.
4288	4288	8 (15) Willfully filing false records or reports
4289	4289	9 relating to a licensee's practice including, but not
4290	4290	10 limited to, false records filed with a federal or State
4291	4291	11 agency or department.
4292	4292	12 (16) Willfully failing to report an instance of
4293	4293	13 suspected child abuse or neglect as required by the Abused
4294	4294	14 and Neglected Child Reporting Act.
4295	4295	15 (17) Providing respiratory care, other than pursuant
4296	4296	16 to an order.
4297	4297	17 (18) Physical or mental disability including, but not
4298	4298	18 limited to, deterioration through the aging process or
4299	4299	19 loss of motor skills that results in the inability to
4300	4300	20 practice the profession with reasonable judgment, skill,
4301	4301	21 or safety.
4302	4302	22 (19) Solicitation of professional services by using
4303	4303	23 false or misleading advertising.
4304	4304	24 (20) Failure to file a tax return, or to pay the tax,
4305	4305	25 penalty, or interest shown in a filed return, or to pay any
4306	4306	26 final assessment of tax penalty, or interest, as required
4307	4307
4308	4308
4309	4309
4310	4310
4311	4311
4312	4312	HB5040 - 120 - LRB103 37791 RTM 67920 b
4313	4313
4314	4314
4315	4315	HB5040- 121 -LRB103 37791 RTM 67920 b HB5040 - 121 - LRB103 37791 RTM 67920 b
4316	4316	HB5040 - 121 - LRB103 37791 RTM 67920 b
4317	4317	1 by any tax Act administered by the Illinois Department of
4318	4318	2 Revenue or any successor agency or the Internal Revenue
4319	4319	3 Service or any successor agency.
4320	4320	4 (21) Irregularities in billing a third party for
4321	4321	5 services rendered or in reporting charges for services not
4322	4322	6 rendered.
4323	4323	7 (22) Being named as a perpetrator in an indicated
4324	4324	8 report by the Department of Children and Family Services
4325	4325	9 under the Abused and Neglected Child Reporting Act, and
4326	4326	10 upon proof by clear and convincing evidence that the
4327	4327	11 licensee has caused a child to be an abused child or
4328	4328	12 neglected child as defined in the Abused and Neglected
4329	4329	13 Child Reporting Act.
4330	4330	14 (23) Habitual or excessive use or addiction to
4331	4331	15 alcohol, narcotics, stimulants, or any other chemical
4332	4332	16 agent or drug that results in an inability to practice
4333	4333	17 with reasonable skill, judgment, or safety.
4334	4334	18 (24) Being named as a perpetrator in an indicated
4335	4335	19 report by the Department on Aging under the Adult
4336	4336	20 Protective Services Act, and upon proof by clear and
4337	4337	21 convincing evidence that the licensee has caused an adult
4338	4338	22 with disabilities or an older adult to be abused or
4339	4339	23 neglected as defined in the Adult Protective Services Act.
4340	4340	24 (25) Willfully failing to report an instance of
4341	4341	25 suspected abuse, neglect, financial exploitation, or
4342	4342	26 self-neglect of an adult with disabilities or an older
4343	4343
4344	4344
4345	4345
4346	4346
4347	4347
4348	4348	HB5040 - 121 - LRB103 37791 RTM 67920 b
4349	4349
4350	4350
4351	4351	HB5040- 122 -LRB103 37791 RTM 67920 b HB5040 - 122 - LRB103 37791 RTM 67920 b
4352	4352	HB5040 - 122 - LRB103 37791 RTM 67920 b
4353	4353	1 adult as required by the Adult Protective Services Act.
4354	4354	2 (26) Willful omission to file or record, or willfully
4355	4355	3 impeding the filing or recording, or inducing another
4356	4356	4 person to omit to file or record medical reports as
4357	4357	5 required by law or willfully failing to report an instance
4358	4358	6 of suspected child abuse or neglect as required by the
4359	4359	7 Abused and Neglected Child Reporting Act.
4360	4360	8 (27) Practicing under a false or assumed name, except
4361	4361	9 as provided by law.
4362	4362	10 (28) Willfully or negligently violating the
4363	4363	11 confidentiality between licensee and patient, except as
4364	4364	12 required by law.
4365	4365	13 (29) The use of any false, fraudulent, or deceptive
4366	4366	14 statement in any document connected with the licensee's
4367	4367	15 practice.
4368	4368	16 (a-5) Notwithstanding anything in this Act to the
4369	4369	17 contrary, a finding of guilt by a judge or jury, a guilty plea,
4370	4370	18 or plea of no contest entered after the effective date of this
4371	4371	19 amendatory Act of the 103rd General Assembly of any of the
4372	4372	20 offenses listed in subsection (a) or (a-1) of Section 25 of the
4373	4373	21 Health Care Worker Background Check Act, except for Section
4374	4374	22 16-25 of the Criminal Code of 2012, is a disqualifying
4375	4375	23 offense, and the individual's license shall be automatically
4376	4376	24 revoked when the Department is notified that the individual
4377	4377	25 has been found guilty or has pled guilty or no contest. The
4378	4378	26 individual may appeal the revocation to the Department only
4379	4379
4380	4380
4381	4381
4382	4382
4383	4383
4384	4384	HB5040 - 122 - LRB103 37791 RTM 67920 b
4385	4385
4386	4386
4387	4387	HB5040- 123 -LRB103 37791 RTM 67920 b HB5040 - 123 - LRB103 37791 RTM 67920 b
4388	4388	HB5040 - 123 - LRB103 37791 RTM 67920 b
4389	4389	1 upon the reversal of the criminal conviction.
4390	4390	2 (b) The determination by a court that a licensee is
4391	4391	3 subject to involuntary admission or judicial admission as
4392	4392	4 provided in the Mental Health and Developmental Disabilities
4393	4393	5 Code will result in an automatic suspension of his or her
4394	4394	6 license. The suspension will end upon a finding by a court that
4395	4395	7 the licensee is no longer subject to involuntary admission or
4396	4396	8 judicial admission, the issuance of an order so finding and
4397	4397	9 discharging the patient, and the recommendation of the Board
4398	4398	10 to the Secretary that the licensee be allowed to resume his or
4399	4399	11 her practice.
4400	4400	12 All fines imposed under this Section shall be paid within
4401	4401	13 60 days after the effective date of the order imposing the fine
4402	4402	14 or in accordance with the terms set forth in the order imposing
4403	4403	15 the fine.
4404	4404	16 (Source: P.A. 98-49, eff. 7-1-13; 99-230, eff. 8-3-15.)
4405	4405	17 Section 70. The Registered Surgical Assistant and
4406	4406	18 Registered Surgical Technologist Title Protection Act is
4407	4407	19 amended by changing Section 75 and by adding Section 60.5 as
4408	4408	20 follows:
4409	4409	21 (225 ILCS 130/60.5 new)
4410	4410	22 Sec. 60.5. Criminal history. Any Department process under
4411	4411	23 statute or rule used to verify the criminal history of an
4412	4412	24 applicant for licensure under this Act shall be used for all
4413	4413
4414	4414
4415	4415
4416	4416
4417	4417
4418	4418	HB5040 - 123 - LRB103 37791 RTM 67920 b
4419	4419
4420	4420
4421	4421	HB5040- 124 -LRB103 37791 RTM 67920 b HB5040 - 124 - LRB103 37791 RTM 67920 b
4422	4422	HB5040 - 124 - LRB103 37791 RTM 67920 b
4423	4423	1 applicants for licensure, applicants for renewal of a license,
4424	4424	2 or persons whose conviction of a crime or other behavior
4425	4425	3 warrants review of a license under this Act.
4426	4426	4 (225 ILCS 130/75)
4427	4427	5 (Section scheduled to be repealed on January 1, 2029)
4428	4428	6 Sec. 75. Grounds for disciplinary action.
4429	4429	7 (a) The Department may refuse to issue, renew, or restore
4430	4430	8 a registration, may revoke or suspend a registration, or may
4431	4431	9 place on probation, reprimand, or take other disciplinary or
4432	4432	10 non-disciplinary action with regard to a person registered
4433	4433	11 under this Act, including, but not limited to, the imposition
4434	4434	12 of fines not to exceed $10,000 for each violation and the
4435	4435	13 assessment of costs as provided for in Section 90, for any one
4436	4436	14 or combination of the following causes:
4437	4437	15 (1) Making a material misstatement in furnishing
4438	4438	16 information to the Department.
4439	4439	17 (2) Violating a provision of this Act or rules adopted
4440	4440	18 under this Act.
4441	4441	19 (3) Conviction by plea of guilty or nolo contendere,
4442	4442	20 finding of guilt, jury verdict, or entry of judgment or by
4443	4443	21 sentencing of any crime, including, but not limited to,
4444	4444	22 convictions, preceding sentences of supervision,
4445	4445	23 conditional discharge, or first offender probation, under
4446	4446	24 the laws of any jurisdiction of the United States that is
4447	4447	25 (i) a felony or (ii) a misdemeanor, an essential element
4448	4448
4449	4449
4450	4450
4451	4451
4452	4452
4453	4453	HB5040 - 124 - LRB103 37791 RTM 67920 b
4454	4454
4455	4455
4456	4456	HB5040- 125 -LRB103 37791 RTM 67920 b HB5040 - 125 - LRB103 37791 RTM 67920 b
4457	4457	HB5040 - 125 - LRB103 37791 RTM 67920 b
4458	4458	1 of which is dishonesty, or that is directly related to the
4459	4459	2 practice of the profession.
4460	4460	3 (4) Fraud or misrepresentation in applying for,
4461	4461	4 renewing, restoring, reinstating, or procuring a
4462	4462	5 registration under this Act.
4463	4463	6 (5) Aiding or assisting another person in violating a
4464	4464	7 provision of this Act or its rules.
4465	4465	8 (6) Failing to provide information within 60 days in
4466	4466	9 response to a written request made by the Department.
4467	4467	10 (7) Engaging in dishonorable, unethical, or
4468	4468	11 unprofessional conduct of a character likely to deceive,
4469	4469	12 defraud, or harm the public, as defined by rule of the
4470	4470	13 Department.
4471	4471	14 (8) Discipline by another United States jurisdiction,
4472	4472	15 governmental agency, unit of government, or foreign
4473	4473	16 nation, if at least one of the grounds for discipline is
4474	4474	17 the same or substantially equivalent to those set forth in
4475	4475	18 this Section.
4476	4476	19 (9) Directly or indirectly giving to or receiving from
4477	4477	20 a person, firm, corporation, partnership, or association a
4478	4478	21 fee, commission, rebate, or other form of compensation for
4479	4479	22 professional services not actually or personally rendered.
4480	4480	23 Nothing in this paragraph (9) affects any bona fide
4481	4481	24 independent contractor or employment arrangements among
4482	4482	25 health care professionals, health facilities, health care
4483	4483	26 providers, or other entities, except as otherwise
4484	4484
4485	4485
4486	4486
4487	4487
4488	4488
4489	4489	HB5040 - 125 - LRB103 37791 RTM 67920 b
4490	4490
4491	4491
4492	4492	HB5040- 126 -LRB103 37791 RTM 67920 b HB5040 - 126 - LRB103 37791 RTM 67920 b
4493	4493	HB5040 - 126 - LRB103 37791 RTM 67920 b
4494	4494	1 prohibited by law. Any employment arrangements may include
4495	4495	2 provisions for compensation, health insurance, pension, or
4496	4496	3 other employment benefits for the provision of services
4497	4497	4 within the scope of the registrant's practice under this
4498	4498	5 Act. Nothing in this paragraph (9) shall be construed to
4499	4499	6 require an employment arrangement to receive professional
4500	4500	7 fees for services rendered.
4501	4501	8 (10) A finding by the Department that the registrant,
4502	4502	9 after having the registration placed on probationary
4503	4503	10 status, has violated the terms of probation.
4504	4504	11 (11) Willfully making or filing false records or
4505	4505	12 reports in the practice, including, but not limited to,
4506	4506	13 false records or reports filed with State agencies.
4507	4507	14 (12) Willfully making or signing a false statement,
4508	4508	15 certificate, or affidavit to induce payment.
4509	4509	16 (13) Willfully failing to report an instance of
4510	4510	17 suspected child abuse or neglect as required under the
4511	4511	18 Abused and Neglected Child Reporting Act.
4512	4512	19 (14) Being named as a perpetrator in an indicated
4513	4513	20 report by the Department of Children and Family Services
4514	4514	21 under the Abused and Neglected Child Reporting Act and
4515	4515	22 upon proof by clear and convincing evidence that the
4516	4516	23 registrant has caused a child to be an abused child or
4517	4517	24 neglected child as defined in the Abused and Neglected
4518	4518	25 Child Reporting Act.
4519	4519	26 (15) (Blank).
4520	4520
4521	4521
4522	4522
4523	4523
4524	4524
4525	4525	HB5040 - 126 - LRB103 37791 RTM 67920 b
4526	4526
4527	4527
4528	4528	HB5040- 127 -LRB103 37791 RTM 67920 b HB5040 - 127 - LRB103 37791 RTM 67920 b
4529	4529	HB5040 - 127 - LRB103 37791 RTM 67920 b
4530	4530	1 (16) Failure to report to the Department (A) any
4531	4531	2 adverse final action taken against the registrant by
4532	4532	3 another registering or licensing jurisdiction, government
4533	4533	4 agency, law enforcement agency, or any court or (B)
4534	4534	5 liability for conduct that would constitute grounds for
4535	4535	6 action as set forth in this Section.
4536	4536	7 (17) Habitual or excessive use or abuse of drugs
4537	4537	8 defined in law as controlled substances, alcohol, or any
4538	4538	9 other substance that results in the inability to practice
4539	4539	10 with reasonable judgment, skill, or safety.
4540	4540	11 (18) Physical or mental illness, including, but not
4541	4541	12 limited to, deterioration through the aging process or
4542	4542	13 loss of motor skills, which results in the inability to
4543	4543	14 practice the profession for which the person is registered
4544	4544	15 with reasonable judgment, skill, or safety.
4545	4545	16 (19) Gross malpractice.
4546	4546	17 (20) Immoral conduct in the commission of an act
4547	4547	18 related to the registrant's practice, including, but not
4548	4548	19 limited to, sexual abuse, sexual misconduct, or sexual
4549	4549	20 exploitation.
4550	4550	21 (21) Violation of the Health Care Worker Self-Referral
4551	4551	22 Act.
4552	4552	23 (a-5) Notwithstanding anything in this Act to the
4553	4553	24 contrary, a finding of guilt by a judge or jury, a guilty plea,
4554	4554	25 or plea of no contest entered after the effective date of this
4555	4555	26 amendatory Act of the 103rd General Assembly of any of the
4556	4556
4557	4557
4558	4558
4559	4559
4560	4560
4561	4561	HB5040 - 127 - LRB103 37791 RTM 67920 b
4562	4562
4563	4563
4564	4564	HB5040- 128 -LRB103 37791 RTM 67920 b HB5040 - 128 - LRB103 37791 RTM 67920 b
4565	4565	HB5040 - 128 - LRB103 37791 RTM 67920 b
4566	4566	1 offenses listed in subsection (a) or (a-1) of Section 25 of the
4567	4567	2 Health Care Worker Background Check Act, except for Section
4568	4568	3 16-25 of the Criminal Code of 2012, is a disqualifying
4569	4569	4 offense, and the individual's license shall be automatically
4570	4570	5 revoked when the Department is notified that the individual
4571	4571	6 has been found guilty or has pled guilty or no contest. The
4572	4572	7 individual may appeal the revocation to the Department only
4573	4573	8 upon the reversal of the criminal conviction.
4574	4574	9 (b) The Department may refuse to issue or may suspend
4575	4575	10 without hearing the registration of a person who fails to file
4576	4576	11 a return, to pay the tax, penalty, or interest shown in a filed
4577	4577	12 return, or to pay a final assessment of the tax, penalty, or
4578	4578	13 interest as required by a tax Act administered by the
4579	4579	14 Department of Revenue, until the requirements of the tax Act
4580	4580	15 are satisfied in accordance with subsection (g) of Section
4581	4581	16 2105-15 of the Department of Regulation Law of the Civil
4582	4582	17 Administrative Code of Illinois.
4583	4583	18 (b-1) The Department shall not revoke, suspend, summarily
4584	4584	19 suspend, place on probation, reprimand, refuse to issue or
4585	4585	20 renew, or take any other disciplinary or non-disciplinary
4586	4586	21 action against the license issued under this Act to practice
4587	4587	22 as a registered surgical assistant or registered surgical
4588	4588	23 technologist based solely upon the registered surgical
4589	4589	24 assistant or registered surgical technologist providing,
4590	4590	25 authorizing, recommending, aiding, assisting, referring for,
4591	4591	26 or otherwise participating in any health care service, so long
4592	4592
4593	4593
4594	4594
4595	4595
4596	4596
4597	4597	HB5040 - 128 - LRB103 37791 RTM 67920 b
4598	4598
4599	4599
4600	4600	HB5040- 129 -LRB103 37791 RTM 67920 b HB5040 - 129 - LRB103 37791 RTM 67920 b
4601	4601	HB5040 - 129 - LRB103 37791 RTM 67920 b
4602	4602	1 as the care was not unlawful under the laws of this State,
4603	4603	2 regardless of whether the patient was a resident of this State
4604	4604	3 or another state.
4605	4605	4 (b-2) The Department shall not revoke, suspend, summarily
4606	4606	5 suspend, place on prohibition, reprimand, refuse to issue or
4607	4607	6 renew, or take any other disciplinary or non-disciplinary
4608	4608	7 action against the license issued under this Act to practice
4609	4609	8 as a registered surgical assistant or registered surgical
4610	4610	9 technologist based upon the registered surgical assistant's or
4611	4611	10 registered surgical technologist's license being revoked or
4612	4612	11 suspended, or the registered surgical assistant's or
4613	4613	12 registered surgical technologist's being otherwise disciplined
4614	4614	13 by any other state, if that revocation, suspension, or other
4615	4615	14 form of discipline was based solely on the registered surgical
4616	4616	15 assistant or registered surgical technologist violating
4617	4617	16 another state's laws prohibiting the provision of,
4618	4618	17 authorization of, recommendation of, aiding or assisting in,
4619	4619	18 referring for, or participation in any health care service if
4620	4620	19 that health care service as provided would not have been
4621	4621	20 unlawful under the laws of this State and is consistent with
4622	4622	21 the standards of conduct for the registered surgical assistant
4623	4623	22 or registered surgical technologist practicing in this State.
4624	4624	23 (b-3) The conduct specified in subsection (b-1) or (b-2)
4625	4625	24 shall not constitute grounds for suspension under Section 145.
4626	4626	25 (b-4) An applicant seeking licensure, certification, or
4627	4627	26 authorization pursuant to this Act who has been subject to
4628	4628
4629	4629
4630	4630
4631	4631
4632	4632
4633	4633	HB5040 - 129 - LRB103 37791 RTM 67920 b
4634	4634
4635	4635
4636	4636	HB5040- 130 -LRB103 37791 RTM 67920 b HB5040 - 130 - LRB103 37791 RTM 67920 b
4637	4637	HB5040 - 130 - LRB103 37791 RTM 67920 b
4638	4638	1 disciplinary action by a duly authorized professional
4639	4639	2 disciplinary agency of another jurisdiction solely on the
4640	4640	3 basis of having provided, authorized, recommended, aided,
4641	4641	4 assisted, referred for, or otherwise participated in health
4642	4642	5 care shall not be denied such licensure, certification, or
4643	4643	6 authorization, unless the Department determines that such
4644	4644	7 action would have constituted professional misconduct in this
4645	4645	8 State. Nothing in this Section shall be construed as
4646	4646	9 prohibiting the Department from evaluating the conduct of such
4647	4647	10 applicant and making a determination regarding the licensure,
4648	4648	11 certification, or authorization to practice a profession under
4649	4649	12 this Act.
4650	4650	13 (c) The determination by a circuit court that a registrant
4651	4651	14 is subject to involuntary admission or judicial admission as
4652	4652	15 provided in the Mental Health and Developmental Disabilities
4653	4653	16 Code operates as an automatic suspension. The suspension will
4654	4654	17 end only upon (1) a finding by a court that the patient is no
4655	4655	18 longer subject to involuntary admission or judicial admission,
4656	4656	19 (2) issuance of an order so finding and discharging the
4657	4657	20 patient, and (3) filing of a petition for restoration
4658	4658	21 demonstrating fitness to practice.
4659	4659	22 (d) (Blank).
4660	4660	23 (e) In cases where the Department of Healthcare and Family
4661	4661	24 Services has previously determined a registrant or a potential
4662	4662	25 registrant is more than 30 days delinquent in the payment of
4663	4663	26 child support and has subsequently certified the delinquency
4664	4664
4665	4665
4666	4666
4667	4667
4668	4668
4669	4669	HB5040 - 130 - LRB103 37791 RTM 67920 b
4670	4670
4671	4671
4672	4672	HB5040- 131 -LRB103 37791 RTM 67920 b HB5040 - 131 - LRB103 37791 RTM 67920 b
4673	4673	HB5040 - 131 - LRB103 37791 RTM 67920 b
4674	4674	1 to the Department, the Department may refuse to issue or renew
4675	4675	2 or may revoke or suspend that person's registration or may
4676	4676	3 take other disciplinary action against that person based
4677	4677	4 solely upon the certification of delinquency made by the
4678	4678	5 Department of Healthcare and Family Services in accordance
4679	4679	6 with paragraph (5) of subsection (a) of Section 2105-15 of the
4680	4680	7 Department of Professional Regulation Law of the Civil
4681	4681	8 Administrative Code of Illinois.
4682	4682	9 (f) In enforcing this Section, the Department, upon a
4683	4683	10 showing of a possible violation, may compel any individual
4684	4684	11 registered under this Act or any individual who has applied
4685	4685	12 for registration to submit to a mental or physical examination
4686	4686	13 and evaluation, or both, that may include a substance abuse or
4687	4687	14 sexual offender evaluation, at the expense of the Department.
4688	4688	15 The Department shall specifically designate the examining
4689	4689	16 physician licensed to practice medicine in all of its branches
4690	4690	17 or, if applicable, the multidisciplinary team involved in
4691	4691	18 providing the mental or physical examination and evaluation,
4692	4692	19 or both. The multidisciplinary team shall be led by a
4693	4693	20 physician licensed to practice medicine in all of its branches
4694	4694	21 and may consist of one or more or a combination of physicians
4695	4695	22 licensed to practice medicine in all of its branches, licensed
4696	4696	23 chiropractic physicians, licensed clinical psychologists,
4697	4697	24 licensed clinical social workers, licensed clinical
4698	4698	25 professional counselors, and other professional and
4699	4699	26 administrative staff. Any examining physician or member of the
4700	4700
4701	4701
4702	4702
4703	4703
4704	4704
4705	4705	HB5040 - 131 - LRB103 37791 RTM 67920 b
4706	4706
4707	4707
4708	4708	HB5040- 132 -LRB103 37791 RTM 67920 b HB5040 - 132 - LRB103 37791 RTM 67920 b
4709	4709	HB5040 - 132 - LRB103 37791 RTM 67920 b
4710	4710	1 multidisciplinary team may require any person ordered to
4711	4711	2 submit to an examination and evaluation pursuant to this
4712	4712	3 Section to submit to any additional supplemental testing
4713	4713	4 deemed necessary to complete any examination or evaluation
4714	4714	5 process, including, but not limited to, blood testing,
4715	4715	6 urinalysis, psychological testing, or neuropsychological
4716	4716	7 testing.
4717	4717	8 The Department may order the examining physician or any
4718	4718	9 member of the multidisciplinary team to provide to the
4719	4719	10 Department any and all records, including business records,
4720	4720	11 that relate to the examination and evaluation, including any
4721	4721	12 supplemental testing performed. The Department may order the
4722	4722	13 examining physician or any member of the multidisciplinary
4723	4723	14 team to present testimony concerning this examination and
4724	4724	15 evaluation of the registrant or applicant, including testimony
4725	4725	16 concerning any supplemental testing or documents relating to
4726	4726	17 the examination and evaluation. No information, report,
4727	4727	18 record, or other documents in any way related to the
4728	4728	19 examination and evaluation shall be excluded by reason of any
4729	4729	20 common law or statutory privilege relating to communication
4730	4730	21 between the registrant or applicant and the examining
4731	4731	22 physician or any member of the multidisciplinary team. No
4732	4732	23 authorization is necessary from the registrant or applicant
4733	4733	24 ordered to undergo an evaluation and examination for the
4734	4734	25 examining physician or any member of the multidisciplinary
4735	4735	26 team to provide information, reports, records, or other
4736	4736
4737	4737
4738	4738
4739	4739
4740	4740
4741	4741	HB5040 - 132 - LRB103 37791 RTM 67920 b
4742	4742
4743	4743
4744	4744	HB5040- 133 -LRB103 37791 RTM 67920 b HB5040 - 133 - LRB103 37791 RTM 67920 b
4745	4745	HB5040 - 133 - LRB103 37791 RTM 67920 b
4746	4746	1 documents or to provide any testimony regarding the
4747	4747	2 examination and evaluation. The individual to be examined may
4748	4748	3 have, at the individual's own expense, another physician of
4749	4749	4 the individual's choice present during all aspects of the
4750	4750	5 examination.
4751	4751	6 Failure of any individual to submit to mental or physical
4752	4752	7 examination and evaluation, or both, when directed, shall
4753	4753	8 result in an automatic suspension without a hearing until such
4754	4754	9 time as the individual submits to the examination. If the
4755	4755	10 Department finds a registrant unable to practice because of
4756	4756	11 the reasons set forth in this Section, the Department shall
4757	4757	12 require such registrant to submit to care, counseling, or
4758	4758	13 treatment by physicians approved or designated by the
4759	4759	14 Department as a condition for continued, reinstated, or
4760	4760	15 renewed registration.
4761	4761	16 When the Secretary immediately suspends a registration
4762	4762	17 under this Section, a hearing upon such person's registration
4763	4763	18 must be convened by the Department within 15 days after such
4764	4764	19 suspension and completed without appreciable delay. The
4765	4765	20 Department shall have the authority to review the registrant's
4766	4766	21 record of treatment and counseling regarding the impairment to
4767	4767	22 the extent permitted by applicable federal statutes and
4768	4768	23 regulations safeguarding the confidentiality of medical
4769	4769	24 records.
4770	4770	25 Individuals registered under this Act and affected under
4771	4771	26 this Section shall be afforded an opportunity to demonstrate
4772	4772
4773	4773
4774	4774
4775	4775
4776	4776
4777	4777	HB5040 - 133 - LRB103 37791 RTM 67920 b
4778	4778
4779	4779
4780	4780	HB5040- 134 -LRB103 37791 RTM 67920 b HB5040 - 134 - LRB103 37791 RTM 67920 b
4781	4781	HB5040 - 134 - LRB103 37791 RTM 67920 b
4782	4782	1 to the Department that they can resume practice in compliance
4783	4783	2 with acceptable and prevailing standards under the provisions
4784	4784	3 of their registration.
4785	4785	4 (g) All fines imposed under this Section shall be paid
4786	4786	5 within 60 days after the effective date of the order imposing
4787	4787	6 the fine or in accordance with the terms set forth in the order
4788	4788	7 imposing the fine.
4789	4789	8 (f) The Department may adopt rules to implement the
4790	4790	9 changes made by Public Act 102-1117 this amendatory Act of the
4791	4791	10 102nd General Assembly.
4792	4792	11 (Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;
4793	4793	12 revised 12-15-23.)
4794	4794	13 Section 75. The Rights of Crime Victims and Witnesses Act
4795	4795	14 is amended by changing Section 4 as follows:
4796	4796	15 (725 ILCS 120/4) (from Ch. 38, par. 1404)
4797	4797	16 Sec. 4. Rights of crime victims.
4798	4798	17 (a) Crime victims shall have the following rights:
4799	4799	18 (1) The right to be treated with fairness and respect
4800	4800	19 for their dignity and privacy and to be free from
4801	4801	20 harassment, intimidation, and abuse throughout the
4802	4802	21 criminal justice process.
4803	4803	22 (1.5) The right to notice and to a hearing before a
4804	4804	23 court ruling on a request for access to any of the victim's
4805	4805	24 records, information, or communications which are
4806	4806
4807	4807
4808	4808
4809	4809
4810	4810
4811	4811	HB5040 - 134 - LRB103 37791 RTM 67920 b
4812	4812
4813	4813
4814	4814	HB5040- 135 -LRB103 37791 RTM 67920 b HB5040 - 135 - LRB103 37791 RTM 67920 b
4815	4815	HB5040 - 135 - LRB103 37791 RTM 67920 b
4816	4816	1 privileged or confidential by law.
4817	4817	2 (2) The right to timely notification of all court
4818	4818	3 proceedings.
4819	4819	4 (3) The right to communicate with the prosecution.
4820	4820	5 (4) The right to be heard at any post-arraignment
4821	4821	6 court proceeding in which a right of the victim is at issue
4822	4822	7 and any court proceeding involving a post-arraignment
4823	4823	8 release decision, plea, or sentencing.
4824	4824	9 (5) The right to be notified of the conviction, the
4825	4825	10 sentence, the imprisonment and the release of the accused.
4826	4826	11 (6) The right to the timely disposition of the case
4827	4827	12 following the arrest of the accused.
4828	4828	13 (7) The right to be reasonably protected from the
4829	4829	14 accused through the criminal justice process.
4830	4830	15 (7.5) The right to have the safety of the victim and
4831	4831	16 the victim's family considered in determining whether to
4832	4832	17 release the defendant and setting conditions of release
4833	4833	18 after arrest and conviction.
4834	4834	19 (8) The right to be present at the trial and all other
4835	4835	20 court proceedings on the same basis as the accused, unless
4836	4836	21 the victim is to testify and the court determines that the
4837	4837	22 victim's testimony would be materially affected if the
4838	4838	23 victim hears other testimony at the trial.
4839	4839	24 (9) The right to have present at all court
4840	4840	25 proceedings, including proceedings under the Juvenile
4841	4841	26 Court Act of 1987, subject to the rules of evidence, an
4842	4842
4843	4843
4844	4844
4845	4845
4846	4846
4847	4847	HB5040 - 135 - LRB103 37791 RTM 67920 b
4848	4848
4849	4849
4850	4850	HB5040- 136 -LRB103 37791 RTM 67920 b HB5040 - 136 - LRB103 37791 RTM 67920 b
4851	4851	HB5040 - 136 - LRB103 37791 RTM 67920 b
4852	4852	1 advocate and other support person of the victim's choice.
4853	4853	2 (10) The right to restitution.
4854	4854	3 (11) The right to file a complaint against the accused
4855	4855	4 with the agency or department that licensed, certified,
4856	4856	5 permitted, or registered the accused if the accused holds
4857	4857	6 a license, certificate, permit, or registration to
4858	4858	7 practice a profession.
4859	4859	8 (b) Any law enforcement agency that investigates an
4860	4860	9 offense committed in this State shall provide a crime victim
4861	4861	10 with a written statement and explanation of the rights of
4862	4862	11 crime victims under this amendatory Act of the 99th General
4863	4863	12 Assembly within 48 hours of law enforcement's initial contact
4864	4864	13 with a victim. The statement shall include information about
4865	4865	14 crime victim compensation, including how to contact the Office
4866	4866	15 of the Illinois Attorney General to file a claim, and
4867	4867	16 appropriate referrals to local and State programs that provide
4868	4868	17 victim services. The content of the statement shall be
4869	4869	18 provided to law enforcement by the Attorney General. Law
4870	4870	19 enforcement shall also provide a crime victim with a sign-off
4871	4871	20 sheet that the victim shall sign and date as an
4872	4872	21 acknowledgement that he or she has been furnished with
4873	4873	22 information and an explanation of the rights of crime victims
4874	4874	23 and compensation set forth in this Act.
4875	4875	24 (b-5) Upon the request of the victim, the law enforcement
4876	4876	25 agency having jurisdiction shall provide a free copy of the
4877	4877	26 police report concerning the victim's incident, as soon as
4878	4878
4879	4879
4880	4880
4881	4881
4882	4882
4883	4883	HB5040 - 136 - LRB103 37791 RTM 67920 b
4884	4884
4885	4885
4886	4886	HB5040- 137 -LRB103 37791 RTM 67920 b HB5040 - 137 - LRB103 37791 RTM 67920 b
4887	4887	HB5040 - 137 - LRB103 37791 RTM 67920 b
4888	4888	1 practicable, but in no event later than 5 business days from
4889	4889	2 the request.
4890	4890	3 (c) The Clerk of the Circuit Court shall post the rights of
4891	4891	4 crime victims set forth in Article I, Section 8.1(a) of the
4892	4892	5 Illinois Constitution and subsection (a) of this Section
4893	4893	6 within 3 feet of the door to any courtroom where criminal
4894	4894	7 proceedings are conducted. The clerk may also post the rights
4895	4895	8 in other locations in the courthouse.
4896	4896	9 (d) At any point, the victim has the right to retain a
4897	4897	10 victim's attorney who may be present during all stages of any
4898	4898	11 interview, investigation, or other interaction with
4899	4899	12 representatives of the criminal justice system. Treatment of
4900	4900	13 the victim should not be affected or altered in any way as a
4901	4901	14 result of the victim's decision to exercise this right.
4902	4902	15 (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
4903	4903	16 Section 99. Effective date. This Act takes effect 6 months
4904	4904	17 after becoming law.
4905	4905	HB5040- 138 -LRB103 37791 RTM 67920 b 1 INDEX 2 Statutes amended in order of appearance 3 225 ILCS 2/40.5 new4 225 ILCS 2/1105 225 ILCS 5/9from Ch. 111, par. 76096 225 ILCS 5/16from Ch. 111, par. 76167 225 ILCS 25/23from Ch. 111, par. 23238 225 ILCS 25/23d new9 225 ILCS 57/1510 225 ILCS 57/4511 225 ILCS 60/9.712 225 ILCS 60/22from Ch. 111, par. 4400-2213 225 ILCS 65/50-35was 225 ILCS 65/5-2314 225 ILCS 65/70-5was 225 ILCS 65/10-4515 225 ILCS 80/12.3 new16 225 ILCS 80/24from Ch. 111, par. 392417 225 ILCS 84/45.5 new18 225 ILCS 84/9019 225 ILCS 90/9.5 new20 225 ILCS 90/17from Ch. 111, par. 426721 225 ILCS 95/9.9 new22 225 ILCS 95/21from Ch. 111, par. 462123 225 ILCS 100/13.5 new24 225 ILCS 100/24from Ch. 111, par. 482425 225 ILCS 106/55.5 new HB5040- 139 -LRB103 37791 RTM 67920 b HB5040- 138 -LRB103 37791 RTM 67920 b HB5040 - 138 - LRB103 37791 RTM 67920 b 1 INDEX 2 Statutes amended in order of appearance 3 225 ILCS 2/40.5 new 4 225 ILCS 2/110 5 225 ILCS 5/9 from Ch. 111, par. 7609 6 225 ILCS 5/16 from Ch. 111, par. 7616 7 225 ILCS 25/23 from Ch. 111, par. 2323 8 225 ILCS 25/23d new 9 225 ILCS 57/15 10 225 ILCS 57/45 11 225 ILCS 60/9.7 12 225 ILCS 60/22 from Ch. 111, par. 4400-22 13 225 ILCS 65/50-35 was 225 ILCS 65/5-23 14 225 ILCS 65/70-5 was 225 ILCS 65/10-45 15 225 ILCS 80/12.3 new 16 225 ILCS 80/24 from Ch. 111, par. 3924 17 225 ILCS 84/45.5 new 18 225 ILCS 84/90 19 225 ILCS 90/9.5 new 20 225 ILCS 90/17 from Ch. 111, par. 4267 21 225 ILCS 95/9.9 new 22 225 ILCS 95/21 from Ch. 111, par. 4621 23 225 ILCS 100/13.5 new 24 225 ILCS 100/24 from Ch. 111, par. 4824 25 225 ILCS 106/55.5 new HB5040- 139 -LRB103 37791 RTM 67920 b HB5040 - 139 - LRB103 37791 RTM 67920 b
4906	4906	HB5040- 138 -LRB103 37791 RTM 67920 b HB5040 - 138 - LRB103 37791 RTM 67920 b
4907	4907	HB5040 - 138 - LRB103 37791 RTM 67920 b
4908	4908	1 INDEX
4909	4909	2 Statutes amended in order of appearance
4910	4910	3 225 ILCS 2/40.5 new
4911	4911	4 225 ILCS 2/110
4912	4912	5 225 ILCS 5/9 from Ch. 111, par. 7609
4913	4913	6 225 ILCS 5/16 from Ch. 111, par. 7616
4914	4914	7 225 ILCS 25/23 from Ch. 111, par. 2323
4915	4915	8 225 ILCS 25/23d new
4916	4916	9 225 ILCS 57/15
4917	4917	10 225 ILCS 57/45
4918	4918	11 225 ILCS 60/9.7
4919	4919	12 225 ILCS 60/22 from Ch. 111, par. 4400-22
4920	4920	13 225 ILCS 65/50-35 was 225 ILCS 65/5-23
4921	4921	14 225 ILCS 65/70-5 was 225 ILCS 65/10-45
4922	4922	15 225 ILCS 80/12.3 new
4923	4923	16 225 ILCS 80/24 from Ch. 111, par. 3924
4924	4924	17 225 ILCS 84/45.5 new
4925	4925	18 225 ILCS 84/90
4926	4926	19 225 ILCS 90/9.5 new
4927	4927	20 225 ILCS 90/17 from Ch. 111, par. 4267
4928	4928	21 225 ILCS 95/9.9 new
4929	4929	22 225 ILCS 95/21 from Ch. 111, par. 4621
4930	4930	23 225 ILCS 100/13.5 new
4931	4931	24 225 ILCS 100/24 from Ch. 111, par. 4824
4932	4932	25 225 ILCS 106/55.5 new
4933	4933	HB5040- 139 -LRB103 37791 RTM 67920 b HB5040 - 139 - LRB103 37791 RTM 67920 b
4934	4934	HB5040 - 139 - LRB103 37791 RTM 67920 b
4935	4935
4936	4936
4937	4937
4938	4938
4939	4939
4940	4940	HB5040 - 137 - LRB103 37791 RTM 67920 b
4941	4941
4942	4942
4943	4943
4944	4944	HB5040- 138 -LRB103 37791 RTM 67920 b HB5040 - 138 - LRB103 37791 RTM 67920 b
4945	4945	HB5040 - 138 - LRB103 37791 RTM 67920 b
4946	4946	1 INDEX
4947	4947	2 Statutes amended in order of appearance
4948	4948	3 225 ILCS 2/40.5 new
4949	4949	4 225 ILCS 2/110
4950	4950	5 225 ILCS 5/9 from Ch. 111, par. 7609
4951	4951	6 225 ILCS 5/16 from Ch. 111, par. 7616
4952	4952	7 225 ILCS 25/23 from Ch. 111, par. 2323
4953	4953	8 225 ILCS 25/23d new
4954	4954	9 225 ILCS 57/15
4955	4955	10 225 ILCS 57/45
4956	4956	11 225 ILCS 60/9.7
4957	4957	12 225 ILCS 60/22 from Ch. 111, par. 4400-22
4958	4958	13 225 ILCS 65/50-35 was 225 ILCS 65/5-23
4959	4959	14 225 ILCS 65/70-5 was 225 ILCS 65/10-45
4960	4960	15 225 ILCS 80/12.3 new
4961	4961	16 225 ILCS 80/24 from Ch. 111, par. 3924
4962	4962	17 225 ILCS 84/45.5 new
4963	4963	18 225 ILCS 84/90
4964	4964	19 225 ILCS 90/9.5 new
4965	4965	20 225 ILCS 90/17 from Ch. 111, par. 4267
4966	4966	21 225 ILCS 95/9.9 new
4967	4967	22 225 ILCS 95/21 from Ch. 111, par. 4621
4968	4968	23 225 ILCS 100/13.5 new
4969	4969	24 225 ILCS 100/24 from Ch. 111, par. 4824
4970	4970	25 225 ILCS 106/55.5 new
4971	4971
4972	4972
4973	4973
4974	4974
4975	4975
4976	4976	HB5040 - 138 - LRB103 37791 RTM 67920 b
4977	4977
4978	4978
4979	4979	HB5040- 139 -LRB103 37791 RTM 67920 b HB5040 - 139 - LRB103 37791 RTM 67920 b
4980	4980	HB5040 - 139 - LRB103 37791 RTM 67920 b
4981	4981
4982	4982
4983	4983
4984	4984
4985	4985
4986	4986	HB5040 - 139 - LRB103 37791 RTM 67920 b