Illinois 2023-2024 Regular Session

Illinois House Bill HB5649 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5649 Introduced 2/9/2024, by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 225 ILCS 20/19 from Ch. 111, par. 6369225 ILCS 20/36.5 new225 ILCS 60/60.5 new225 ILCS 65/70-5 was 225 ILCS 65/10-45225 ILCS 65/70-175 new225 ILCS 75/19 from Ch. 111, par. 3719225 ILCS 75/20.5 new225 ILCS 107/80225 ILCS 107/175 new815 ILCS 505/2EEEE new Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a licensed mental health professional to provide mental health services to a patient through the use of artificial intelligence without first obtaining informed consent from the patient for the use of artificial intelligence tools and disclosing the use of artificial intelligence tools to the patient before providing services through the use of artificial intelligence. Amends the Clinical Social Work and Social Work Practice Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Occupational Therapy Practice Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Makes corresponding changes in grounds for discipline. Provides that the Department of Financial and Professional Regulation may adopt rules to regulate the use of artificial intelligence tools to provide mental health services. LRB103 39383 RTM 69556 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5649 Introduced 2/9/2024, by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 225 ILCS 20/19 from Ch. 111, par. 6369225 ILCS 20/36.5 new225 ILCS 60/60.5 new225 ILCS 65/70-5 was 225 ILCS 65/10-45225 ILCS 65/70-175 new225 ILCS 75/19 from Ch. 111, par. 3719225 ILCS 75/20.5 new225 ILCS 107/80225 ILCS 107/175 new815 ILCS 505/2EEEE new 225 ILCS 20/19 from Ch. 111, par. 6369 225 ILCS 20/36.5 new 225 ILCS 60/60.5 new 225 ILCS 65/70-5 was 225 ILCS 65/10-45 225 ILCS 65/70-175 new 225 ILCS 75/19 from Ch. 111, par. 3719 225 ILCS 75/20.5 new 225 ILCS 107/80 225 ILCS 107/175 new 815 ILCS 505/2EEEE new Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a licensed mental health professional to provide mental health services to a patient through the use of artificial intelligence without first obtaining informed consent from the patient for the use of artificial intelligence tools and disclosing the use of artificial intelligence tools to the patient before providing services through the use of artificial intelligence. Amends the Clinical Social Work and Social Work Practice Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Occupational Therapy Practice Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Makes corresponding changes in grounds for discipline. Provides that the Department of Financial and Professional Regulation may adopt rules to regulate the use of artificial intelligence tools to provide mental health services. LRB103 39383 RTM 69556 b LRB103 39383 RTM 69556 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5649 Introduced 2/9/2024, by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 20/19 from Ch. 111, par. 6369225 ILCS 20/36.5 new225 ILCS 60/60.5 new225 ILCS 65/70-5 was 225 ILCS 65/10-45225 ILCS 65/70-175 new225 ILCS 75/19 from Ch. 111, par. 3719225 ILCS 75/20.5 new225 ILCS 107/80225 ILCS 107/175 new815 ILCS 505/2EEEE new 225 ILCS 20/19 from Ch. 111, par. 6369 225 ILCS 20/36.5 new 225 ILCS 60/60.5 new 225 ILCS 65/70-5 was 225 ILCS 65/10-45 225 ILCS 65/70-175 new 225 ILCS 75/19 from Ch. 111, par. 3719 225 ILCS 75/20.5 new 225 ILCS 107/80 225 ILCS 107/175 new 815 ILCS 505/2EEEE new
4	4	225 ILCS 20/19 from Ch. 111, par. 6369
5	5	225 ILCS 20/36.5 new
6	6	225 ILCS 60/60.5 new
7	7	225 ILCS 65/70-5 was 225 ILCS 65/10-45
8	8	225 ILCS 65/70-175 new
9	9	225 ILCS 75/19 from Ch. 111, par. 3719
10	10	225 ILCS 75/20.5 new
11	11	225 ILCS 107/80
12	12	225 ILCS 107/175 new
13	13	815 ILCS 505/2EEEE new
14	14	Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a licensed mental health professional to provide mental health services to a patient through the use of artificial intelligence without first obtaining informed consent from the patient for the use of artificial intelligence tools and disclosing the use of artificial intelligence tools to the patient before providing services through the use of artificial intelligence. Amends the Clinical Social Work and Social Work Practice Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Occupational Therapy Practice Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Makes corresponding changes in grounds for discipline. Provides that the Department of Financial and Professional Regulation may adopt rules to regulate the use of artificial intelligence tools to provide mental health services.
15	15	LRB103 39383 RTM 69556 b LRB103 39383 RTM 69556 b
16	16	LRB103 39383 RTM 69556 b
17	17	A BILL FOR
18	18	HB5649LRB103 39383 RTM 69556 b HB5649 LRB103 39383 RTM 69556 b
19	19	HB5649 LRB103 39383 RTM 69556 b
20	20	1 AN ACT concerning regulation.
21	21	2 Be it enacted by the People of the State of Illinois,
22	22	3 represented in the General Assembly:
23	23	4 Section 5. The Clinical Social Work and Social Work
24	24	5 Practice Act is amended by changing Section 19 and by adding
25	25	6 Section 36.5 as follows:
26	26	7 (225 ILCS 20/19) (from Ch. 111, par. 6369)
27	27	8 (Section scheduled to be repealed on January 1, 2028)
28	28	9 Sec. 19. Grounds for disciplinary action.
29	29	10 (1) The Department may refuse to issue or renew a license,
30	30	11 or may suspend, revoke, place on probation, reprimand, or take
31	31	12 any other disciplinary or non-disciplinary action deemed
32	32	13 appropriate by the Department, including the imposition of
33	33	14 fines not to exceed $10,000 for each violation, with regard to
34	34	15 any license issued under the provisions of this Act for any one
35	35	16 or a combination of the following grounds:
36	36	17 (a) material misstatements in furnishing information
37	37	18 to the Department or to any other State agency or in
38	38	19 furnishing information to any insurance company with
39	39	20 respect to a claim on behalf of a licensee or a patient;
40	40	21 (b) violations or negligent or intentional disregard
41	41	22 of this Act, or any of the rules promulgated hereunder;
42	42	23 (c) conviction of or entry of a plea of guilty or nolo
43	43
44	44
45	45
46	46	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5649 Introduced 2/9/2024, by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
47	47	225 ILCS 20/19 from Ch. 111, par. 6369225 ILCS 20/36.5 new225 ILCS 60/60.5 new225 ILCS 65/70-5 was 225 ILCS 65/10-45225 ILCS 65/70-175 new225 ILCS 75/19 from Ch. 111, par. 3719225 ILCS 75/20.5 new225 ILCS 107/80225 ILCS 107/175 new815 ILCS 505/2EEEE new 225 ILCS 20/19 from Ch. 111, par. 6369 225 ILCS 20/36.5 new 225 ILCS 60/60.5 new 225 ILCS 65/70-5 was 225 ILCS 65/10-45 225 ILCS 65/70-175 new 225 ILCS 75/19 from Ch. 111, par. 3719 225 ILCS 75/20.5 new 225 ILCS 107/80 225 ILCS 107/175 new 815 ILCS 505/2EEEE new
48	48	225 ILCS 20/19 from Ch. 111, par. 6369
49	49	225 ILCS 20/36.5 new
50	50	225 ILCS 60/60.5 new
51	51	225 ILCS 65/70-5 was 225 ILCS 65/10-45
52	52	225 ILCS 65/70-175 new
53	53	225 ILCS 75/19 from Ch. 111, par. 3719
54	54	225 ILCS 75/20.5 new
55	55	225 ILCS 107/80
56	56	225 ILCS 107/175 new
57	57	815 ILCS 505/2EEEE new
58	58	Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a licensed mental health professional to provide mental health services to a patient through the use of artificial intelligence without first obtaining informed consent from the patient for the use of artificial intelligence tools and disclosing the use of artificial intelligence tools to the patient before providing services through the use of artificial intelligence. Amends the Clinical Social Work and Social Work Practice Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Occupational Therapy Practice Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Makes corresponding changes in grounds for discipline. Provides that the Department of Financial and Professional Regulation may adopt rules to regulate the use of artificial intelligence tools to provide mental health services.
59	59	LRB103 39383 RTM 69556 b LRB103 39383 RTM 69556 b
60	60	LRB103 39383 RTM 69556 b
61	61	A BILL FOR
62	62
63	63
64	64
65	65
66	66
67	67	225 ILCS 20/19 from Ch. 111, par. 6369
68	68	225 ILCS 20/36.5 new
69	69	225 ILCS 60/60.5 new
70	70	225 ILCS 65/70-5 was 225 ILCS 65/10-45
71	71	225 ILCS 65/70-175 new
72	72	225 ILCS 75/19 from Ch. 111, par. 3719
73	73	225 ILCS 75/20.5 new
74	74	225 ILCS 107/80
75	75	225 ILCS 107/175 new
76	76	815 ILCS 505/2EEEE new
77	77
78	78
79	79
80	80	LRB103 39383 RTM 69556 b
81	81
82	82
83	83
84	84
85	85
86	86
87	87
88	88
89	89
90	90	HB5649 LRB103 39383 RTM 69556 b
91	91
92	92
93	93	HB5649- 2 -LRB103 39383 RTM 69556 b HB5649 - 2 - LRB103 39383 RTM 69556 b
94	94	HB5649 - 2 - LRB103 39383 RTM 69556 b
95	95	1 contendere, finding of guilt, jury verdict, or entry of
96	96	2 judgment or sentencing, including, but not limited to,
97	97	3 convictions, preceding sentences of supervision,
98	98	4 conditional discharge, or first offender probation, under
99	99	5 the laws of any jurisdiction of the United States that is
100	100	6 (i) a felony or (ii) a misdemeanor, an essential element
101	101	7 of which is dishonesty, or that is directly related to the
102	102	8 practice of the clinical social work or social work
103	103	9 professions;
104	104	10 (d) fraud or misrepresentation in applying for or
105	105	11 procuring a license under this Act or in connection with
106	106	12 applying for renewal or restoration of a license under
107	107	13 this Act;
108	108	14 (e) professional incompetence;
109	109	15 (f) gross negligence in practice under this Act;
110	110	16 (g) aiding or assisting another person in violating
111	111	17 any provision of this Act or its rules;
112	112	18 (h) failing to provide information within 60 days in
113	113	19 response to a written request made by the Department;
114	114	20 (i) engaging in dishonorable, unethical or
115	115	21 unprofessional conduct of a character likely to deceive,
116	116	22 defraud or harm the public as defined by the rules of the
117	117	23 Department, or violating the rules of professional conduct
118	118	24 adopted by the Department;
119	119	25 (j) habitual or excessive use or abuse of drugs
120	120	26 defined in law as controlled substances, of alcohol, or of
121	121
122	122
123	123
124	124
125	125
126	126	HB5649 - 2 - LRB103 39383 RTM 69556 b
127	127
128	128
129	129	HB5649- 3 -LRB103 39383 RTM 69556 b HB5649 - 3 - LRB103 39383 RTM 69556 b
130	130	HB5649 - 3 - LRB103 39383 RTM 69556 b
131	131	1 any other substances that results in the inability to
132	132	2 practice with reasonable judgment, skill, or safety;
133	133	3 (k) adverse action taken by another state or
134	134	4 jurisdiction, if at least one of the grounds for the
135	135	5 discipline is the same or substantially equivalent to
136	136	6 those set forth in this Section;
137	137	7 (l) directly or indirectly giving to or receiving from
138	138	8 any person, firm, corporation, partnership, or association
139	139	9 any fee, commission, rebate or other form of compensation
140	140	10 for any professional service not actually rendered.
141	141	11 Nothing in this paragraph (l) affects any bona fide
142	142	12 independent contractor or employment arrangements among
143	143	13 health care professionals, health facilities, health care
144	144	14 providers, or other entities, except as otherwise
145	145	15 prohibited by law. Any employment arrangements may include
146	146	16 provisions for compensation, health insurance, pension, or
147	147	17 other employment benefits for the provision of services
148	148	18 within the scope of the licensee's practice under this
149	149	19 Act. Nothing in this paragraph (l) shall be construed to
150	150	20 require an employment arrangement to receive professional
151	151	21 fees for services rendered;
152	152	22 (m) a finding by the Department that the licensee,
153	153	23 after having the license placed on probationary status,
154	154	24 has violated the terms of probation or failed to comply
155	155	25 with such terms;
156	156	26 (n) abandonment, without cause, of a client;
157	157
158	158
159	159
160	160
161	161
162	162	HB5649 - 3 - LRB103 39383 RTM 69556 b
163	163
164	164
165	165	HB5649- 4 -LRB103 39383 RTM 69556 b HB5649 - 4 - LRB103 39383 RTM 69556 b
166	166	HB5649 - 4 - LRB103 39383 RTM 69556 b
167	167	1 (o) willfully making or filing false records or
168	168	2 reports relating to a licensee's practice, including, but
169	169	3 not limited to, false records filed with Federal or State
170	170	4 agencies or departments;
171	171	5 (p) willfully failing to report an instance of
172	172	6 suspected child abuse or neglect as required by the Abused
173	173	7 and Neglected Child Reporting Act;
174	174	8 (q) being named as a perpetrator in an indicated
175	175	9 report by the Department of Children and Family Services
176	176	10 under the Abused and Neglected Child Reporting Act, and
177	177	11 upon proof by clear and convincing evidence that the
178	178	12 licensee has caused a child to be an abused child or
179	179	13 neglected child as defined in the Abused and Neglected
180	180	14 Child Reporting Act;
181	181	15 (r) physical illness, mental illness, or any other
182	182	16 impairment or disability, including, but not limited to,
183	183	17 deterioration through the aging process, or loss of motor
184	184	18 skills that results in the inability to practice the
185	185	19 profession with reasonable judgment, skill or safety;
186	186	20 (s) solicitation of professional services by using
187	187	21 false or misleading advertising;
188	188	22 (t) violation of the Health Care Worker Self-Referral
189	189	23 Act;
190	190	24 (u) willfully failing to report an instance of
191	191	25 suspected abuse, neglect, financial exploitation, or
192	192	26 self-neglect of an eligible adult as defined in and
193	193
194	194
195	195
196	196
197	197
198	198	HB5649 - 4 - LRB103 39383 RTM 69556 b
199	199
200	200
201	201	HB5649- 5 -LRB103 39383 RTM 69556 b HB5649 - 5 - LRB103 39383 RTM 69556 b
202	202	HB5649 - 5 - LRB103 39383 RTM 69556 b
203	203	1 required by the Adult Protective Services Act; or
204	204	2 (v) being named as an abuser in a verified report by
205	205	3 the Department on Aging under the Adult Protective
206	206	4 Services Act, and upon proof by clear and convincing
207	207	5 evidence that the licensee abused, neglected, or
208	208	6 financially exploited an eligible adult as defined in the
209	209	7 Adult Protective Services Act.
210	210	8 (w) Violating Section 2EEEE of the Consumer Fraud and
211	211	9 Deceptive Business Practices Act.
212	212	10 (2) (Blank).
213	213	11 (3) The determination by a court that a licensee is
214	214	12 subject to involuntary admission or judicial admission as
215	215	13 provided in the Mental Health and Developmental Disabilities
216	216	14 Code, will result in an automatic suspension of his license.
217	217	15 Such suspension will end upon a finding by a court that the
218	218	16 licensee is no longer subject to involuntary admission or
219	219	17 judicial admission and issues an order so finding and
220	220	18 discharging the patient, and upon the recommendation of the
221	221	19 Board to the Secretary that the licensee be allowed to resume
222	222	20 professional practice.
223	223	21 (4) The Department shall refuse to issue or renew or may
224	224	22 suspend the license of a person who (i) fails to file a return,
225	225	23 pay the tax, penalty, or interest shown in a filed return, or
226	226	24 pay any final assessment of tax, penalty, or interest, as
227	227	25 required by any tax Act administered by the Department of
228	228	26 Revenue, until the requirements of the tax Act are satisfied
229	229
230	230
231	231
232	232
233	233
234	234	HB5649 - 5 - LRB103 39383 RTM 69556 b
235	235
236	236
237	237	HB5649- 6 -LRB103 39383 RTM 69556 b HB5649 - 6 - LRB103 39383 RTM 69556 b
238	238	HB5649 - 6 - LRB103 39383 RTM 69556 b
239	239	1 or (ii) has failed to pay any court-ordered child support as
240	240	2 determined by a court order or by referral from the Department
241	241	3 of Healthcare and Family Services.
242	242	4 (4.5) The Department shall not revoke, suspend, summarily
243	243	5 suspend, place on prohibition, reprimand, refuse to issue or
244	244	6 renew, or take any other disciplinary or non-disciplinary
245	245	7 action against a license or permit issued under this Act based
246	246	8 solely upon the licensed clinical social worker authorizing,
247	247	9 recommending, aiding, assisting, referring for, or otherwise
248	248	10 participating in any health care service, so long as the care
249	249	11 was not unlawful under the laws of this State, regardless of
250	250	12 whether the patient was a resident of this State or another
251	251	13 state.
252	252	14 (4.10) The Department shall not revoke, suspend, summarily
253	253	15 suspend, place on prohibition, reprimand, refuse to issue or
254	254	16 renew, or take any other disciplinary or non-disciplinary
255	255	17 action against the license or permit issued under this Act to
256	256	18 practice as a licensed clinical social worker based upon the
257	257	19 licensed clinical social worker's license being revoked or
258	258	20 suspended, or the licensed clinical social worker being
259	259	21 otherwise disciplined by any other state, if that revocation,
260	260	22 suspension, or other form of discipline was based solely on
261	261	23 the licensed clinical social worker violating another state's
262	262	24 laws prohibiting the provision of, authorization of,
263	263	25 recommendation of, aiding or assisting in, referring for, or
264	264	26 participation in any health care service if that health care
265	265
266	266
267	267
268	268
269	269
270	270	HB5649 - 6 - LRB103 39383 RTM 69556 b
271	271
272	272
273	273	HB5649- 7 -LRB103 39383 RTM 69556 b HB5649 - 7 - LRB103 39383 RTM 69556 b
274	274	HB5649 - 7 - LRB103 39383 RTM 69556 b
275	275	1 service as provided would not have been unlawful under the
276	276	2 laws of this State and is consistent with the standards of
277	277	3 conduct for a licensed clinical social worker practicing in
278	278	4 Illinois.
279	279	5 (4.15) The conduct specified in subsections (4.5) and
280	280	6 (4.10) shall not constitute grounds for suspension under
281	281	7 Section 32.
282	282	8 (4.20) An applicant seeking licensure, certification, or
283	283	9 authorization pursuant to this Act who has been subject to
284	284	10 disciplinary action by a duly authorized professional
285	285	11 disciplinary agency of another jurisdiction solely on the
286	286	12 basis of having authorized, recommended, aided, assisted,
287	287	13 referred for, or otherwise participated in health care shall
288	288	14 not be denied such licensure, certification, or authorization,
289	289	15 unless the Department determines that such action would have
290	290	16 constituted professional misconduct in this State; however,
291	291	17 nothing in this Section shall be construed as prohibiting the
292	292	18 Department from evaluating the conduct of such applicant and
293	293	19 making a determination regarding the licensure, certification,
294	294	20 or authorization to practice a profession under this Act.
295	295	21 (5)(a) In enforcing this Section, the Department or Board,
296	296	22 upon a showing of a possible violation, may compel a person
297	297	23 licensed to practice under this Act, or who has applied for
298	298	24 licensure under this Act, to submit to a mental or physical
299	299	25 examination, or both, which may include a substance abuse or
300	300	26 sexual offender evaluation, as required by and at the expense
301	301
302	302
303	303
304	304
305	305
306	306	HB5649 - 7 - LRB103 39383 RTM 69556 b
307	307
308	308
309	309	HB5649- 8 -LRB103 39383 RTM 69556 b HB5649 - 8 - LRB103 39383 RTM 69556 b
310	310	HB5649 - 8 - LRB103 39383 RTM 69556 b
311	311	1 of the Department.
312	312	2 (b) The Department shall specifically designate the
313	313	3 examining physician licensed to practice medicine in all of
314	314	4 its branches or, if applicable, the multidisciplinary team
315	315	5 involved in providing the mental or physical examination or
316	316	6 both. The multidisciplinary team shall be led by a physician
317	317	7 licensed to practice medicine in all of its branches and may
318	318	8 consist of one or more or a combination of physicians licensed
319	319	9 to practice medicine in all of its branches, licensed clinical
320	320	10 psychologists, licensed clinical social workers, licensed
321	321	11 clinical professional counselors, and other professional and
322	322	12 administrative staff. Any examining physician or member of the
323	323	13 multidisciplinary team may require any person ordered to
324	324	14 submit to an examination pursuant to this Section to submit to
325	325	15 any additional supplemental testing deemed necessary to
326	326	16 complete any examination or evaluation process, including, but
327	327	17 not limited to, blood testing, urinalysis, psychological
328	328	18 testing, or neuropsychological testing.
329	329	19 (c) The Board or the Department may order the examining
330	330	20 physician or any member of the multidisciplinary team to
331	331	21 present testimony concerning this mental or physical
332	332	22 examination of the licensee or applicant. No information,
333	333	23 report, record, or other documents in any way related to the
334	334	24 examination shall be excluded by reason of any common law or
335	335	25 statutory privilege relating to communications between the
336	336	26 licensee or applicant and the examining physician or any
337	337
338	338
339	339
340	340
341	341
342	342	HB5649 - 8 - LRB103 39383 RTM 69556 b
343	343
344	344
345	345	HB5649- 9 -LRB103 39383 RTM 69556 b HB5649 - 9 - LRB103 39383 RTM 69556 b
346	346	HB5649 - 9 - LRB103 39383 RTM 69556 b
347	347	1 member of the multidisciplinary team. No authorization is
348	348	2 necessary from the licensee or applicant ordered to undergo an
349	349	3 examination for the examining physician or any member of the
350	350	4 multidisciplinary team to provide information, reports,
351	351	5 records, or other documents or to provide any testimony
352	352	6 regarding the examination and evaluation.
353	353	7 (d) The person to be examined may have, at his or her own
354	354	8 expense, another physician of his or her choice present during
355	355	9 all aspects of the examination. However, that physician shall
356	356	10 be present only to observe and may not interfere in any way
357	357	11 with the examination.
358	358	12 (e) Failure of any person to submit to a mental or physical
359	359	13 examination without reasonable cause, when ordered, shall
360	360	14 result in an automatic suspension of his or her license until
361	361	15 the person submits to the examination.
362	362	16 (f) If the Department or Board finds a person unable to
363	363	17 practice because of the reasons set forth in this Section, the
364	364	18 Department or Board may require that person to submit to care,
365	365	19 counseling, or treatment by physicians approved or designated
366	366	20 by the Department or Board, as a condition, term, or
367	367	21 restriction for continued, reinstated, or renewed licensure to
368	368	22 practice; or, in lieu of care, counseling or treatment, the
369	369	23 Department may file, or the Board may recommend to the
370	370	24 Department to file, a complaint to immediately suspend,
371	371	25 revoke, or otherwise discipline the license of the person. Any
372	372	26 person whose license was granted, continued, reinstated,
373	373
374	374
375	375
376	376
377	377
378	378	HB5649 - 9 - LRB103 39383 RTM 69556 b
379	379
380	380
381	381	HB5649- 10 -LRB103 39383 RTM 69556 b HB5649 - 10 - LRB103 39383 RTM 69556 b
382	382	HB5649 - 10 - LRB103 39383 RTM 69556 b
383	383	1 renewed, disciplined or supervised subject to such terms,
384	384	2 conditions or restrictions, and who fails to comply with such
385	385	3 terms, conditions, or restrictions, shall be referred to the
386	386	4 Secretary for a determination as to whether the person shall
387	387	5 have his or her license suspended immediately, pending a
388	388	6 hearing by the Department.
389	389	7 (g) All fines imposed shall be paid within 60 days after
390	390	8 the effective date of the order imposing the fine or in
391	391	9 accordance with the terms set forth in the order imposing the
392	392	10 fine.
393	393	11 In instances in which the Secretary immediately suspends a
394	394	12 person's license under this Section, a hearing on that
395	395	13 person's license must be convened by the Department within 30
396	396	14 days after the suspension and completed without appreciable
397	397	15 delay. The Department and Board shall have the authority to
398	398	16 review the subject person's record of treatment and counseling
399	399	17 regarding the impairment, to the extent permitted by
400	400	18 applicable federal statutes and regulations safeguarding the
401	401	19 confidentiality of medical records.
402	402	20 A person licensed under this Act and affected under this
403	403	21 Section shall be afforded an opportunity to demonstrate to the
404	404	22 Department or Board that he or she can resume practice in
405	405	23 compliance with acceptable and prevailing standards under the
406	406	24 provisions of his or her license.
407	407	25 (h) The Department may adopt rules to implement the
408	408	26 changes made by this amendatory Act of the 102nd General
409	409
410	410
411	411
412	412
413	413
414	414	HB5649 - 10 - LRB103 39383 RTM 69556 b
415	415
416	416
417	417	HB5649- 11 -LRB103 39383 RTM 69556 b HB5649 - 11 - LRB103 39383 RTM 69556 b
418	418	HB5649 - 11 - LRB103 39383 RTM 69556 b
419	419	1 Assembly.
420	420	2 (Source: P.A. 102-1117, eff. 1-13-23.)
421	421	3 (225 ILCS 20/36.5 new)
422	422	4 Sec. 36.5. Use of artificial intelligence. The Department
423	423	5 may adopt rules to regulate the use of artificial intelligence
424	424	6 tools to provide mental health services by persons licensed
425	425	7 under this Act.
426	426	8 Section 10. The Medical Practice Act of 1987 is amended by
427	427	9 adding Section 60.5 as follows:
428	428	10 (225 ILCS 60/60.5 new)
429	429	11 Sec. 60.5. Use of artificial intelligence.
430	430	12 (a) A violation of Section 2EEEE of the Consumer Fraud and
431	431	13 Deceptive Business Practices Act shall be grounds for
432	432	14 discipline under this Act.
433	433	15 (b) The Department may adopt rules to regulate the use of
434	434	16 artificial intelligence tools to provide mental health
435	435	17 services by persons licensed under this Act.
436	436	18 Section 15. The Nurse Practice Act is amended by changing
437	437	19 Section 70-5 and by adding Section 70-175 as follows:
438	438	20 (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
439	439	21 (Section scheduled to be repealed on January 1, 2028)
440	440
441	441
442	442
443	443
444	444
445	445	HB5649 - 11 - LRB103 39383 RTM 69556 b
446	446
447	447
448	448	HB5649- 12 -LRB103 39383 RTM 69556 b HB5649 - 12 - LRB103 39383 RTM 69556 b
449	449	HB5649 - 12 - LRB103 39383 RTM 69556 b
450	450	1 Sec. 70-5. Grounds for disciplinary action.
451	451	2 (a) The Department may refuse to issue or to renew, or may
452	452	3 revoke, suspend, place on probation, reprimand, or take other
453	453	4 disciplinary or non-disciplinary action as the Department may
454	454	5 deem appropriate, including fines not to exceed $10,000 per
455	455	6 violation, with regard to a license for any one or combination
456	456	7 of the causes set forth in subsection (b) below. All fines
457	457	8 collected under this Section shall be deposited in the Nursing
458	458	9 Dedicated and Professional Fund.
459	459	10 (b) Grounds for disciplinary action include the following:
460	460	11 (1) Material deception in furnishing information to
461	461	12 the Department.
462	462	13 (2) Material violations of any provision of this Act
463	463	14 or violation of the rules of or final administrative
464	464	15 action of the Secretary, after consideration of the
465	465	16 recommendation of the Board.
466	466	17 (3) Conviction by plea of guilty or nolo contendere,
467	467	18 finding of guilt, jury verdict, or entry of judgment or by
468	468	19 sentencing of any crime, including, but not limited to,
469	469	20 convictions, preceding sentences of supervision,
470	470	21 conditional discharge, or first offender probation, under
471	471	22 the laws of any jurisdiction of the United States: (i)
472	472	23 that is a felony; or (ii) that is a misdemeanor, an
473	473	24 essential element of which is dishonesty, or that is
474	474	25 directly related to the practice of the profession.
475	475	26 (4) A pattern of practice or other behavior which
476	476
477	477
478	478
479	479
480	480
481	481	HB5649 - 12 - LRB103 39383 RTM 69556 b
482	482
483	483
484	484	HB5649- 13 -LRB103 39383 RTM 69556 b HB5649 - 13 - LRB103 39383 RTM 69556 b
485	485	HB5649 - 13 - LRB103 39383 RTM 69556 b
486	486	1 demonstrates incapacity or incompetency to practice under
487	487	2 this Act.
488	488	3 (5) Knowingly aiding or assisting another person in
489	489	4 violating any provision of this Act or rules.
490	490	5 (6) Failing, within 90 days, to provide a response to
491	491	6 a request for information in response to a written request
492	492	7 made by the Department by certified or registered mail or
493	493	8 by email to the email address of record.
494	494	9 (7) Engaging in dishonorable, unethical, or
495	495	10 unprofessional conduct of a character likely to deceive,
496	496	11 defraud, or harm the public, as defined by rule.
497	497	12 (8) Unlawful taking, theft, selling, distributing, or
498	498	13 manufacturing of any drug, narcotic, or prescription
499	499	14 device.
500	500	15 (9) Habitual or excessive use or addiction to alcohol,
501	501	16 narcotics, stimulants, or any other chemical agent or drug
502	502	17 that could result in a licensee's inability to practice
503	503	18 with reasonable judgment, skill, or safety.
504	504	19 (10) Discipline by another U.S. jurisdiction or
505	505	20 foreign nation, if at least one of the grounds for the
506	506	21 discipline is the same or substantially equivalent to
507	507	22 those set forth in this Section.
508	508	23 (11) A finding that the licensee, after having her or
509	509	24 his license placed on probationary status or subject to
510	510	25 conditions or restrictions, has violated the terms of
511	511	26 probation or failed to comply with such terms or
512	512
513	513
514	514
515	515
516	516
517	517	HB5649 - 13 - LRB103 39383 RTM 69556 b
518	518
519	519
520	520	HB5649- 14 -LRB103 39383 RTM 69556 b HB5649 - 14 - LRB103 39383 RTM 69556 b
521	521	HB5649 - 14 - LRB103 39383 RTM 69556 b
522	522	1 conditions.
523	523	2 (12) Being named as a perpetrator in an indicated
524	524	3 report by the Department of Children and Family Services
525	525	4 and under the Abused and Neglected Child Reporting Act,
526	526	5 and upon proof by clear and convincing evidence that the
527	527	6 licensee has caused a child to be an abused child or
528	528	7 neglected child as defined in the Abused and Neglected
529	529	8 Child Reporting Act.
530	530	9 (13) Willful omission to file or record, or willfully
531	531	10 impeding the filing or recording or inducing another
532	532	11 person to omit to file or record medical reports as
533	533	12 required by law.
534	534	13 (13.5) Willfully failing to report an instance of
535	535	14 suspected child abuse or neglect as required by the Abused
536	536	15 and Neglected Child Reporting Act.
537	537	16 (14) Gross negligence in the practice of practical,
538	538	17 professional, or advanced practice registered nursing.
539	539	18 (15) Holding oneself out to be practicing nursing
540	540	19 under any name other than one's own.
541	541	20 (16) Failure of a licensee to report to the Department
542	542	21 any adverse final action taken against him or her by
543	543	22 another licensing jurisdiction of the United States or any
544	544	23 foreign state or country, any peer review body, any health
545	545	24 care institution, any professional or nursing society or
546	546	25 association, any governmental agency, any law enforcement
547	547	26 agency, or any court or a nursing liability claim related
548	548
549	549
550	550
551	551
552	552
553	553	HB5649 - 14 - LRB103 39383 RTM 69556 b
554	554
555	555
556	556	HB5649- 15 -LRB103 39383 RTM 69556 b HB5649 - 15 - LRB103 39383 RTM 69556 b
557	557	HB5649 - 15 - LRB103 39383 RTM 69556 b
558	558	1 to acts or conduct similar to acts or conduct that would
559	559	2 constitute grounds for action as defined in this Section.
560	560	3 (17) Failure of a licensee to report to the Department
561	561	4 surrender by the licensee of a license or authorization to
562	562	5 practice nursing or advanced practice registered nursing
563	563	6 in another state or jurisdiction or current surrender by
564	564	7 the licensee of membership on any nursing staff or in any
565	565	8 nursing or advanced practice registered nursing or
566	566	9 professional association or society while under
567	567	10 disciplinary investigation by any of those authorities or
568	568	11 bodies for acts or conduct similar to acts or conduct that
569	569	12 would constitute grounds for action as defined by this
570	570	13 Section.
571	571	14 (18) Failing, within 60 days, to provide information
572	572	15 in response to a written request made by the Department.
573	573	16 (19) Failure to establish and maintain records of
574	574	17 patient care and treatment as required by law.
575	575	18 (20) Fraud, deceit, or misrepresentation in applying
576	576	19 for or procuring a license under this Act or in connection
577	577	20 with applying for renewal of a license under this Act.
578	578	21 (21) Allowing another person or organization to use
579	579	22 the licensee's license to deceive the public.
580	580	23 (22) Willfully making or filing false records or
581	581	24 reports in the licensee's practice, including, but not
582	582	25 limited to, false records to support claims against the
583	583	26 medical assistance program of the Department of Healthcare
584	584
585	585
586	586
587	587
588	588
589	589	HB5649 - 15 - LRB103 39383 RTM 69556 b
590	590
591	591
592	592	HB5649- 16 -LRB103 39383 RTM 69556 b HB5649 - 16 - LRB103 39383 RTM 69556 b
593	593	HB5649 - 16 - LRB103 39383 RTM 69556 b
594	594	1 and Family Services (formerly Department of Public Aid)
595	595	2 under the Illinois Public Aid Code.
596	596	3 (23) Attempting to subvert or cheat on a licensing
597	597	4 examination administered under this Act.
598	598	5 (24) Immoral conduct in the commission of an act,
599	599	6 including, but not limited to, sexual abuse, sexual
600	600	7 misconduct, or sexual exploitation, related to the
601	601	8 licensee's practice.
602	602	9 (25) Willfully or negligently violating the
603	603	10 confidentiality between nurse and patient except as
604	604	11 required by law.
605	605	12 (26) Practicing under a false or assumed name, except
606	606	13 as provided by law.
607	607	14 (27) The use of any false, fraudulent, or deceptive
608	608	15 statement in any document connected with the licensee's
609	609	16 practice.
610	610	17 (28) Directly or indirectly giving to or receiving
611	611	18 from a person, firm, corporation, partnership, or
612	612	19 association a fee, commission, rebate, or other form of
613	613	20 compensation for professional services not actually or
614	614	21 personally rendered. Nothing in this paragraph (28)
615	615	22 affects any bona fide independent contractor or employment
616	616	23 arrangements among health care professionals, health
617	617	24 facilities, health care providers, or other entities,
618	618	25 except as otherwise prohibited by law. Any employment
619	619	26 arrangements may include provisions for compensation,
620	620
621	621
622	622
623	623
624	624
625	625	HB5649 - 16 - LRB103 39383 RTM 69556 b
626	626
627	627
628	628	HB5649- 17 -LRB103 39383 RTM 69556 b HB5649 - 17 - LRB103 39383 RTM 69556 b
629	629	HB5649 - 17 - LRB103 39383 RTM 69556 b
630	630	1 health insurance, pension, or other employment benefits
631	631	2 for the provision of services within the scope of the
632	632	3 licensee's practice under this Act. Nothing in this
633	633	4 paragraph (28) shall be construed to require an employment
634	634	5 arrangement to receive professional fees for services
635	635	6 rendered.
636	636	7 (29) A violation of the Health Care Worker
637	637	8 Self-Referral Act.
638	638	9 (30) Physical illness, mental illness, or disability
639	639	10 that results in the inability to practice the profession
640	640	11 with reasonable judgment, skill, or safety.
641	641	12 (31) Exceeding the terms of a collaborative agreement
642	642	13 or the prescriptive authority delegated to a licensee by
643	643	14 his or her collaborating physician or podiatric physician
644	644	15 in guidelines established under a written collaborative
645	645	16 agreement.
646	646	17 (32) Making a false or misleading statement regarding
647	647	18 a licensee's skill or the efficacy or value of the
648	648	19 medicine, treatment, or remedy prescribed by him or her in
649	649	20 the course of treatment.
650	650	21 (33) Prescribing, selling, administering,
651	651	22 distributing, giving, or self-administering a drug
652	652	23 classified as a controlled substance (designated product)
653	653	24 or narcotic for other than medically accepted therapeutic
654	654	25 purposes.
655	655	26 (34) Promotion of the sale of drugs, devices,
656	656
657	657
658	658
659	659
660	660
661	661	HB5649 - 17 - LRB103 39383 RTM 69556 b
662	662
663	663
664	664	HB5649- 18 -LRB103 39383 RTM 69556 b HB5649 - 18 - LRB103 39383 RTM 69556 b
665	665	HB5649 - 18 - LRB103 39383 RTM 69556 b
666	666	1 appliances, or goods provided for a patient in a manner to
667	667	2 exploit the patient for financial gain.
668	668	3 (35) Violating State or federal laws, rules, or
669	669	4 regulations relating to controlled substances.
670	670	5 (36) Willfully or negligently violating the
671	671	6 confidentiality between an advanced practice registered
672	672	7 nurse, collaborating physician, dentist, or podiatric
673	673	8 physician and a patient, except as required by law.
674	674	9 (37) Willfully failing to report an instance of
675	675	10 suspected abuse, neglect, financial exploitation, or
676	676	11 self-neglect of an eligible adult as defined in and
677	677	12 required by the Adult Protective Services Act.
678	678	13 (38) Being named as an abuser in a verified report by
679	679	14 the Department on Aging and under the Adult Protective
680	680	15 Services Act, and upon proof by clear and convincing
681	681	16 evidence that the licensee abused, neglected, or
682	682	17 financially exploited an eligible adult as defined in the
683	683	18 Adult Protective Services Act.
684	684	19 (39) A violation of any provision of this Act or any
685	685	20 rules adopted under this Act.
686	686	21 (40) Violating the Compassionate Use of Medical
687	687	22 Cannabis Program Act.
688	688	23 (41) Violating Section 2EEEE of the Consumer Fraud and
689	689	24 Deceptive Business Practices Act.
690	690	25 (b-5) The Department shall not revoke, suspend, summarily
691	691	26 suspend, place on probation, reprimand, refuse to issue or
692	692
693	693
694	694
695	695
696	696
697	697	HB5649 - 18 - LRB103 39383 RTM 69556 b
698	698
699	699
700	700	HB5649- 19 -LRB103 39383 RTM 69556 b HB5649 - 19 - LRB103 39383 RTM 69556 b
701	701	HB5649 - 19 - LRB103 39383 RTM 69556 b
702	702	1 renew, or take any other disciplinary or non-disciplinary
703	703	2 action against the license or permit issued under this Act to
704	704	3 practice as a registered nurse or an advanced practice
705	705	4 registered nurse based solely upon the registered nurse or
706	706	5 advanced practice registered nurse providing, authorizing,
707	707	6 recommending, aiding, assisting, referring for, or otherwise
708	708	7 participating in any health care service, so long as the care
709	709	8 was not unlawful under the laws of this State, regardless of
710	710	9 whether the patient was a resident of this State or another
711	711	10 state.
712	712	11 (b-10) The Department shall not revoke, suspend, summarily
713	713	12 suspend, place on prohibition, reprimand, refuse to issue or
714	714	13 renew, or take any other disciplinary or non-disciplinary
715	715	14 action against the license or permit issued under this Act to
716	716	15 practice as a registered nurse or an advanced practice
717	717	16 registered nurse based upon the registered nurse's or advanced
718	718	17 practice registered nurse's license being revoked or
719	719	18 suspended, or the registered nurse or advanced practice
720	720	19 registered nurse being otherwise disciplined by any other
721	721	20 state, if that revocation, suspension, or other form of
722	722	21 discipline was based solely on the registered nurse or
723	723	22 advanced practice registered nurse violating another state's
724	724	23 laws prohibiting the provision of, authorization of,
725	725	24 recommendation of, aiding or assisting in, referring for, or
726	726	25 participation in any health care service if that health care
727	727	26 service as provided would not have been unlawful under the
728	728
729	729
730	730
731	731
732	732
733	733	HB5649 - 19 - LRB103 39383 RTM 69556 b
734	734
735	735
736	736	HB5649- 20 -LRB103 39383 RTM 69556 b HB5649 - 20 - LRB103 39383 RTM 69556 b
737	737	HB5649 - 20 - LRB103 39383 RTM 69556 b
738	738	1 laws of this State and is consistent with the standards of
739	739	2 conduct for the registered nurse or advanced practice
740	740	3 registered nurse practicing in Illinois.
741	741	4 (b-15) The conduct specified in subsections (b-5) and
742	742	5 (b-10) shall not trigger reporting requirements under Section
743	743	6 65-65 or constitute grounds for suspension under Section
744	744	7 70-60.
745	745	8 (b-20) An applicant seeking licensure, certification, or
746	746	9 authorization under this Act who has been subject to
747	747	10 disciplinary action by a duly authorized professional
748	748	11 disciplinary agency of another jurisdiction solely on the
749	749	12 basis of having provided, authorized, recommended, aided,
750	750	13 assisted, referred for, or otherwise participated in health
751	751	14 care shall not be denied such licensure, certification, or
752	752	15 authorization, unless the Department determines that such
753	753	16 action would have constituted professional misconduct in this
754	754	17 State; however, nothing in this Section shall be construed as
755	755	18 prohibiting the Department from evaluating the conduct of such
756	756	19 applicant and making a determination regarding the licensure,
757	757	20 certification, or authorization to practice a profession under
758	758	21 this Act.
759	759	22 (c) The determination by a circuit court that a licensee
760	760	23 is subject to involuntary admission or judicial admission as
761	761	24 provided in the Mental Health and Developmental Disabilities
762	762	25 Code, as amended, operates as an automatic suspension. The
763	763	26 suspension will end only upon a finding by a court that the
764	764
765	765
766	766
767	767
768	768
769	769	HB5649 - 20 - LRB103 39383 RTM 69556 b
770	770
771	771
772	772	HB5649- 21 -LRB103 39383 RTM 69556 b HB5649 - 21 - LRB103 39383 RTM 69556 b
773	773	HB5649 - 21 - LRB103 39383 RTM 69556 b
774	774	1 patient is no longer subject to involuntary admission or
775	775	2 judicial admission and issues an order so finding and
776	776	3 discharging the patient; and upon the recommendation of the
777	777	4 Board to the Secretary that the licensee be allowed to resume
778	778	5 his or her practice.
779	779	6 (d) The Department may refuse to issue or may suspend or
780	780	7 otherwise discipline the license of any person who fails to
781	781	8 file a return, or to pay the tax, penalty or interest shown in
782	782	9 a filed return, or to pay any final assessment of the tax,
783	783	10 penalty, or interest as required by any tax Act administered
784	784	11 by the Department of Revenue, until such time as the
785	785	12 requirements of any such tax Act are satisfied.
786	786	13 (e) In enforcing this Act, the Department, upon a showing
787	787	14 of a possible violation, may compel an individual licensed to
788	788	15 practice under this Act or who has applied for licensure under
789	789	16 this Act, to submit to a mental or physical examination, or
790	790	17 both, as required by and at the expense of the Department. The
791	791	18 Department may order the examining physician to present
792	792	19 testimony concerning the mental or physical examination of the
793	793	20 licensee or applicant. No information shall be excluded by
794	794	21 reason of any common law or statutory privilege relating to
795	795	22 communications between the licensee or applicant and the
796	796	23 examining physician. The examining physicians shall be
797	797	24 specifically designated by the Department. The individual to
798	798	25 be examined may have, at his or her own expense, another
799	799	26 physician of his or her choice present during all aspects of
800	800
801	801
802	802
803	803
804	804
805	805	HB5649 - 21 - LRB103 39383 RTM 69556 b
806	806
807	807
808	808	HB5649- 22 -LRB103 39383 RTM 69556 b HB5649 - 22 - LRB103 39383 RTM 69556 b
809	809	HB5649 - 22 - LRB103 39383 RTM 69556 b
810	810	1 this examination. Failure of an individual to submit to a
811	811	2 mental or physical examination, when directed, shall result in
812	812	3 an automatic suspension without hearing.
813	813	4 All substance-related violations shall mandate an
814	814	5 automatic substance abuse assessment. Failure to submit to an
815	815	6 assessment by a licensed physician who is certified as an
816	816	7 addictionist or an advanced practice registered nurse with
817	817	8 specialty certification in addictions may be grounds for an
818	818	9 automatic suspension, as defined by rule.
819	819	10 If the Department finds an individual unable to practice
820	820	11 or unfit for duty because of the reasons set forth in this
821	821	12 subsection (e), the Department may require that individual to
822	822	13 submit to a substance abuse evaluation or treatment by
823	823	14 individuals or programs approved or designated by the
824	824	15 Department, as a condition, term, or restriction for
825	825	16 continued, restored, or renewed licensure to practice; or, in
826	826	17 lieu of evaluation or treatment, the Department may file, or
827	827	18 the Board may recommend to the Department to file, a complaint
828	828	19 to immediately suspend, revoke, or otherwise discipline the
829	829	20 license of the individual. An individual whose license was
830	830	21 granted, continued, restored, renewed, disciplined, or
831	831	22 supervised subject to such terms, conditions, or restrictions,
832	832	23 and who fails to comply with such terms, conditions, or
833	833	24 restrictions, shall be referred to the Secretary for a
834	834	25 determination as to whether the individual shall have his or
835	835	26 her license suspended immediately, pending a hearing by the
836	836
837	837
838	838
839	839
840	840
841	841	HB5649 - 22 - LRB103 39383 RTM 69556 b
842	842
843	843
844	844	HB5649- 23 -LRB103 39383 RTM 69556 b HB5649 - 23 - LRB103 39383 RTM 69556 b
845	845	HB5649 - 23 - LRB103 39383 RTM 69556 b
846	846	1 Department.
847	847	2 In instances in which the Secretary immediately suspends a
848	848	3 person's license under this subsection (e), a hearing on that
849	849	4 person's license must be convened by the Department within 15
850	850	5 days after the suspension and completed without appreciable
851	851	6 delay. The Department and Board shall have the authority to
852	852	7 review the subject individual's record of treatment and
853	853	8 counseling regarding the impairment to the extent permitted by
854	854	9 applicable federal statutes and regulations safeguarding the
855	855	10 confidentiality of medical records.
856	856	11 An individual licensed under this Act and affected under
857	857	12 this subsection (e) shall be afforded an opportunity to
858	858	13 demonstrate to the Department that he or she can resume
859	859	14 practice in compliance with nursing standards under the
860	860	15 provisions of his or her license.
861	861	16 (f) The Department may adopt rules to implement the
862	862	17 changes made by this amendatory Act of the 102nd General
863	863	18 Assembly.
864	864	19 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
865	865	20 102-1117, eff. 1-13-23.)
866	866	21 (225 ILCS 65/70-175 new)
867	867	22 Sec. 70-175. Use of artificial intelligence.The Department
868	868	23 may adopt rules to regulate the use of artificial intelligence
869	869	24 tools to provide mental health services by persons licensed
870	870	25 under this Act.
871	871
872	872
873	873
874	874
875	875
876	876	HB5649 - 23 - LRB103 39383 RTM 69556 b
877	877
878	878
879	879	HB5649- 24 -LRB103 39383 RTM 69556 b HB5649 - 24 - LRB103 39383 RTM 69556 b
880	880	HB5649 - 24 - LRB103 39383 RTM 69556 b
881	881	1 Section 20. The Illinois Occupational Therapy Practice Act
882	882	2 is amended by changing Section 19 and by adding Section 20.5 as
883	883	3 follows:
884	884	4 (225 ILCS 75/19) (from Ch. 111, par. 3719)
885	885	5 (Section scheduled to be repealed on January 1, 2029)
886	886	6 Sec. 19. Grounds for discipline.
887	887	7 (a) The Department may refuse to issue or renew, or may
888	888	8 revoke, suspend, place on probation, reprimand, or take other
889	889	9 disciplinary or non-disciplinary action as the Department may
890	890	10 deem proper, including imposing fines not to exceed $10,000
891	891	11 for each violation and the assessment of costs as provided
892	892	12 under Section 19.3 of this Act, with regard to any license for
893	893	13 any one or combination of the following:
894	894	14 (1) Material misstatement in furnishing information to
895	895	15 the Department;
896	896	16 (2) Violations of this Act, or of the rules
897	897	17 promulgated thereunder;
898	898	18 (3) Conviction by plea of guilty or nolo contendere,
899	899	19 finding of guilt, jury verdict, or entry of judgment or
900	900	20 sentencing of any crime, including, but not limited to,
901	901	21 convictions, preceding sentences of supervision,
902	902	22 conditional discharge, or first offender probation, under
903	903	23 the laws of any jurisdiction of the United States that is
904	904	24 (i) a felony or (ii) a misdemeanor, an essential element
905	905
906	906
907	907
908	908
909	909
910	910	HB5649 - 24 - LRB103 39383 RTM 69556 b
911	911
912	912
913	913	HB5649- 25 -LRB103 39383 RTM 69556 b HB5649 - 25 - LRB103 39383 RTM 69556 b
914	914	HB5649 - 25 - LRB103 39383 RTM 69556 b
915	915	1 of which is dishonesty, or that is directly related to the
916	916	2 practice of the profession;
917	917	3 (4) Fraud, misrepresentation, or concealment in
918	918	4 applying for or procuring a license under this Act, or in
919	919	5 connection with applying for renewal of a license under
920	920	6 this Act;
921	921	7 (5) Professional incompetence;
922	922	8 (6) Aiding or assisting another person, firm,
923	923	9 partnership or corporation in violating any provision of
924	924	10 this Act or rules;
925	925	11 (7) Failing, within 60 days, to provide information in
926	926	12 response to a written request made by the Department;
927	927	13 (8) Engaging in dishonorable, unethical or
928	928	14 unprofessional conduct of a character likely to deceive,
929	929	15 defraud or harm the public;
930	930	16 (9) Habitual or excessive use or abuse of drugs
931	931	17 defined in law as controlled substances, alcohol, or any
932	932	18 other substance that results in the inability to practice
933	933	19 with reasonable judgment, skill, or safety;
934	934	20 (10) Discipline by another state, unit of government,
935	935	21 government agency, the District of Columbia, a territory,
936	936	22 or foreign nation, if at least one of the grounds for the
937	937	23 discipline is the same or substantially equivalent to
938	938	24 those set forth herein;
939	939	25 (11) Directly or indirectly giving to or receiving
940	940	26 from any person, firm, corporation, partnership, or
941	941
942	942
943	943
944	944
945	945
946	946	HB5649 - 25 - LRB103 39383 RTM 69556 b
947	947
948	948
949	949	HB5649- 26 -LRB103 39383 RTM 69556 b HB5649 - 26 - LRB103 39383 RTM 69556 b
950	950	HB5649 - 26 - LRB103 39383 RTM 69556 b
951	951	1 association any fee, commission, rebate, or other form of
952	952	2 compensation for professional services not actually or
953	953	3 personally rendered. Nothing in this paragraph (11)
954	954	4 affects any bona fide independent contractor or employment
955	955	5 arrangements among health care professionals, health
956	956	6 facilities, health care providers, or other entities,
957	957	7 except as otherwise prohibited by law. Any employment
958	958	8 arrangements may include provisions for compensation,
959	959	9 health insurance, pension, or other employment benefits
960	960	10 for the provision of services within the scope of the
961	961	11 licensee's practice under this Act. Nothing in this
962	962	12 paragraph (11) shall be construed to require an employment
963	963	13 arrangement to receive professional fees for services
964	964	14 rendered;
965	965	15 (12) A finding by the Department that the license
966	966	16 holder, after having the license disciplined, has violated
967	967	17 the terms of the discipline;
968	968	18 (13) Willfully making or filing false records or
969	969	19 reports in the practice of occupational therapy,
970	970	20 including, but not limited to, false records filed with
971	971	21 the State agencies or departments;
972	972	22 (14) Physical illness, including, but not limited to,
973	973	23 deterioration through the aging process or loss of motor
974	974	24 skill which results in the inability to practice under
975	975	25 this Act with reasonable judgment, skill, or safety;
976	976	26 (15) Solicitation of professional services other than
977	977
978	978
979	979
980	980
981	981
982	982	HB5649 - 26 - LRB103 39383 RTM 69556 b
983	983
984	984
985	985	HB5649- 27 -LRB103 39383 RTM 69556 b HB5649 - 27 - LRB103 39383 RTM 69556 b
986	986	HB5649 - 27 - LRB103 39383 RTM 69556 b
987	987	1 by permitted advertising;
988	988	2 (16) Allowing one's license under this Act to be used
989	989	3 by an unlicensed person in violation of this Act;
990	990	4 (17) Practicing under a false or, except as provided
991	991	5 by law, assumed name;
992	992	6 (18) Professional incompetence or gross negligence;
993	993	7 (19) Malpractice;
994	994	8 (20) Promotion of the sale of drugs, devices,
995	995	9 appliances, or goods provided for a patient in any manner
996	996	10 to exploit the client for financial gain of the licensee;
997	997	11 (21) Gross, willful, or continued overcharging for
998	998	12 professional services;
999	999	13 (22) Mental illness or disability that results in the
1000	1000	14 inability to practice under this Act with reasonable
1001	1001	15 judgment, skill, or safety;
1002	1002	16 (23) Violating the Health Care Worker Self-Referral
1003	1003	17 Act;
1004	1004	18 (24) Failing to refer a patient or individual whose
1005	1005	19 medical condition should, at the time of evaluation or
1006	1006	20 treatment, be determined to be beyond the scope of
1007	1007	21 practice of the occupational therapist to an appropriate
1008	1008	22 health care professional;
1009	1009	23 (25) Cheating on or attempting to subvert the
1010	1010	24 licensing examination administered under this Act;
1011	1011	25 (26) Charging for professional services not rendered,
1012	1012	26 including filing false statements for the collection of
1013	1013
1014	1014
1015	1015
1016	1016
1017	1017
1018	1018	HB5649 - 27 - LRB103 39383 RTM 69556 b
1019	1019
1020	1020
1021	1021	HB5649- 28 -LRB103 39383 RTM 69556 b HB5649 - 28 - LRB103 39383 RTM 69556 b
1022	1022	HB5649 - 28 - LRB103 39383 RTM 69556 b
1023	1023	1 fees for which services are not rendered;
1024	1024	2 (27) Practicing beyond the scope of the practice of
1025	1025	3 occupational therapy;
1026	1026	4 (28) Providing substandard care as an occupational
1027	1027	5 therapist due to a deliberate or negligent act, negligent
1028	1028	6 supervision of an occupational therapy assistant, or
1029	1029	7 failure to act regardless of whether actual injury to the
1030	1030	8 recipient is established;
1031	1031	9 (29) Providing substandard care as an occupational
1032	1032	10 therapy assistant, including exceeding the authority to
1033	1033	11 perform components of intervention selected and delegated
1034	1034	12 by the supervising occupational therapist regardless of
1035	1035	13 whether actual injury to the recipient is established;
1036	1036	14 (30) Knowingly delegating responsibilities to an
1037	1037	15 individual who does not have the knowledge, skills, or
1038	1038	16 abilities to perform those responsibilities; and
1039	1039	17 (31) Engaging in sexual misconduct. For the purposes
1040	1040	18 of this paragraph, sexual misconduct includes:
1041	1041	19 (A) engaging in or soliciting a sexual
1042	1042	20 relationship, whether consensual or non-consensual,
1043	1043	21 while an occupational therapist or occupational
1044	1044	22 therapy assistant with the recipient of occupational
1045	1045	23 therapy services; and
1046	1046	24 (B) making sexual advances, requesting sexual
1047	1047	25 favors, or engaging in physical contact of a sexual
1048	1048	26 nature with the recipient of occupational therapy
1049	1049
1050	1050
1051	1051
1052	1052
1053	1053
1054	1054	HB5649 - 28 - LRB103 39383 RTM 69556 b
1055	1055
1056	1056
1057	1057	HB5649- 29 -LRB103 39383 RTM 69556 b HB5649 - 29 - LRB103 39383 RTM 69556 b
1058	1058	HB5649 - 29 - LRB103 39383 RTM 69556 b
1059	1059	1 services.
1060	1060	2 (32) Violating Section 2EEEE of the Consumer Fraud and
1061	1061	3 Deceptive Business Practices Act.
1062	1062	4 All fines imposed under this Section shall be paid within
1063	1063	5 60 days after the effective date of the order imposing the fine
1064	1064	6 or in accordance with the terms set forth in the order imposing
1065	1065	7 the fine.
1066	1066	8 (b) The determination by a circuit court that a license
1067	1067	9 holder is subject to involuntary admission or judicial
1068	1068	10 admission as provided in the Mental Health and Developmental
1069	1069	11 Disabilities Code, as now or hereafter amended, operates as an
1070	1070	12 automatic suspension. Such suspension will end only upon a
1071	1071	13 finding by a court that the patient is no longer subject to
1072	1072	14 involuntary admission or judicial admission and an order by
1073	1073	15 the court so finding and discharging the patient. In any case
1074	1074	16 where a license is suspended under this provision, the
1075	1075	17 licensee shall file a petition for restoration and shall
1076	1076	18 include evidence acceptable to the Department that the
1077	1077	19 licensee can resume practice in compliance with acceptable and
1078	1078	20 prevailing standards of their profession.
1079	1079	21 (c) The Department may refuse to issue or may suspend
1080	1080	22 without hearing, as provided for in the Code of Civil
1081	1081	23 Procedure, the license of any person who fails to file a
1082	1082	24 return, to pay the tax, penalty, or interest shown in a filed
1083	1083	25 return, or to pay any final assessment of tax, penalty, or
1084	1084	26 interest as required by any tax Act administered by the
1085	1085
1086	1086
1087	1087
1088	1088
1089	1089
1090	1090	HB5649 - 29 - LRB103 39383 RTM 69556 b
1091	1091
1092	1092
1093	1093	HB5649- 30 -LRB103 39383 RTM 69556 b HB5649 - 30 - LRB103 39383 RTM 69556 b
1094	1094	HB5649 - 30 - LRB103 39383 RTM 69556 b
1095	1095	1 Illinois Department of Revenue, until such time as the
1096	1096	2 requirements of any such tax Act are satisfied in accordance
1097	1097	3 with subsection (a) of Section 2105-15 of the Department of
1098	1098	4 Professional Regulation Law of the Civil Administrative Code
1099	1099	5 of Illinois.
1100	1100	6 (d) In enforcing this Section, the Department, upon a
1101	1101	7 showing of a possible violation, may compel any individual who
1102	1102	8 is licensed under this Act or any individual who has applied
1103	1103	9 for licensure to submit to a mental or physical examination or
1104	1104	10 evaluation, or both, which may include a substance abuse or
1105	1105	11 sexual offender evaluation, at the expense of the Department.
1106	1106	12 The Department shall specifically designate the examining
1107	1107	13 physician licensed to practice medicine in all of its branches
1108	1108	14 or, if applicable, the multidisciplinary team involved in
1109	1109	15 providing the mental or physical examination and evaluation.
1110	1110	16 The multidisciplinary team shall be led by a physician
1111	1111	17 licensed to practice medicine in all of its branches and may
1112	1112	18 consist of one or more or a combination of physicians licensed
1113	1113	19 to practice medicine in all of its branches, licensed
1114	1114	20 chiropractic physicians, licensed clinical psychologists,
1115	1115	21 licensed clinical social workers, licensed clinical
1116	1116	22 professional counselors, and other professional and
1117	1117	23 administrative staff. Any examining physician or member of the
1118	1118	24 multidisciplinary team may require any person ordered to
1119	1119	25 submit to an examination and evaluation pursuant to this
1120	1120	26 Section to submit to any additional supplemental testing
1121	1121
1122	1122
1123	1123
1124	1124
1125	1125
1126	1126	HB5649 - 30 - LRB103 39383 RTM 69556 b
1127	1127
1128	1128
1129	1129	HB5649- 31 -LRB103 39383 RTM 69556 b HB5649 - 31 - LRB103 39383 RTM 69556 b
1130	1130	HB5649 - 31 - LRB103 39383 RTM 69556 b
1131	1131	1 deemed necessary to complete any examination or evaluation
1132	1132	2 process, including, but not limited to, blood testing,
1133	1133	3 urinalysis, psychological testing, or neuropsychological
1134	1134	4 testing.
1135	1135	5 The Department may order the examining physician or any
1136	1136	6 member of the multidisciplinary team to provide to the
1137	1137	7 Department any and all records, including business records,
1138	1138	8 that relate to the examination and evaluation, including any
1139	1139	9 supplemental testing performed. The Department may order the
1140	1140	10 examining physician or any member of the multidisciplinary
1141	1141	11 team to present testimony concerning this examination and
1142	1142	12 evaluation of the licensee or applicant, including testimony
1143	1143	13 concerning any supplemental testing or documents relating to
1144	1144	14 the examination and evaluation. No information, report,
1145	1145	15 record, or other documents in any way related to the
1146	1146	16 examination and evaluation shall be excluded by reason of any
1147	1147	17 common law or statutory privilege relating to communication
1148	1148	18 between the licensee or applicant and the examining physician
1149	1149	19 or any member of the multidisciplinary team. No authorization
1150	1150	20 is necessary from the licensee or applicant ordered to undergo
1151	1151	21 an evaluation and examination for the examining physician or
1152	1152	22 any member of the multidisciplinary team to provide
1153	1153	23 information, reports, records, or other documents or to
1154	1154	24 provide any testimony regarding the examination and
1155	1155	25 evaluation. The individual to be examined may have, at his or
1156	1156	26 her own expense, another physician of his or her choice
1157	1157
1158	1158
1159	1159
1160	1160
1161	1161
1162	1162	HB5649 - 31 - LRB103 39383 RTM 69556 b
1163	1163
1164	1164
1165	1165	HB5649- 32 -LRB103 39383 RTM 69556 b HB5649 - 32 - LRB103 39383 RTM 69556 b
1166	1166	HB5649 - 32 - LRB103 39383 RTM 69556 b
1167	1167	1 present during all aspects of the examination.
1168	1168	2 Failure of any individual to submit to mental or physical
1169	1169	3 examination or evaluation, or both, when directed, shall
1170	1170	4 result in an automatic suspension without hearing, until such
1171	1171	5 time as the individual submits to the examination. If the
1172	1172	6 Department finds a licensee unable to practice because of the
1173	1173	7 reasons set forth in this Section, the Department shall
1174	1174	8 require the licensee to submit to care, counseling, or
1175	1175	9 treatment by physicians approved or designated by the
1176	1176	10 Department as a condition for continued, reinstated, or
1177	1177	11 renewed licensure.
1178	1178	12 When the Secretary immediately suspends a license under
1179	1179	13 this Section, a hearing upon such person's license must be
1180	1180	14 convened by the Department within 15 days after the suspension
1181	1181	15 and completed without appreciable delay. The Department shall
1182	1182	16 have the authority to review the licensee's record of
1183	1183	17 treatment and counseling regarding the impairment to the
1184	1184	18 extent permitted by applicable federal statutes and
1185	1185	19 regulations safeguarding the confidentiality of medical
1186	1186	20 records.
1187	1187	21 Individuals licensed under this Act that are affected
1188	1188	22 under this Section, shall be afforded an opportunity to
1189	1189	23 demonstrate to the Department that they can resume practice in
1190	1190	24 compliance with acceptable and prevailing standards under the
1191	1191	25 provisions of their license.
1192	1192	26 (e) (Blank).
1193	1193
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198	HB5649 - 32 - LRB103 39383 RTM 69556 b
1199	1199
1200	1200
1201	1201	HB5649- 33 -LRB103 39383 RTM 69556 b HB5649 - 33 - LRB103 39383 RTM 69556 b
1202	1202	HB5649 - 33 - LRB103 39383 RTM 69556 b
1203	1203	1 (f) In cases where the Department of Healthcare and Family
1204	1204	2 Services has previously determined a licensee or a potential
1205	1205	3 licensee is more than 30 days delinquent in the payment of
1206	1206	4 child support and has subsequently certified the delinquency
1207	1207	5 to the Department, the Department may refuse to issue or renew
1208	1208	6 or may revoke or suspend that person's license or may take
1209	1209	7 other disciplinary action against that person based solely
1210	1210	8 upon the certification of delinquency made by the Department
1211	1211	9 of Healthcare and Family Services in accordance with paragraph
1212	1212	10 (5) of subsection (a) of Section 2105-15 of the Department of
1213	1213	11 Professional Regulation Law of the Civil Administrative Code
1214	1214	12 of Illinois.
1215	1215	13 (Source: P.A. 103-251, eff. 1-1-24.)
1216	1216	14 (225 ILCS 75/20.5 new)
1217	1217	15 Sec. 20.5. Use of artificial intelligence. The Department
1218	1218	16 may adopt rules to regulate the use of artificial intelligence
1219	1219	17 tools to provide mental health services by persons licensed
1220	1220	18 under this Act.
1221	1221	19 Section 25. The Professional Counselor and Clinical
1222	1222	20 Professional Counselor Licensing and Practice Act is amended
1223	1223	21 by changing Section 80 and by adding Section 175 as follows:
1224	1224	22 (225 ILCS 107/80)
1225	1225	23 (Section scheduled to be repealed on January 1, 2028)
1226	1226
1227	1227
1228	1228
1229	1229
1230	1230
1231	1231	HB5649 - 33 - LRB103 39383 RTM 69556 b
1232	1232
1233	1233
1234	1234	HB5649- 34 -LRB103 39383 RTM 69556 b HB5649 - 34 - LRB103 39383 RTM 69556 b
1235	1235	HB5649 - 34 - LRB103 39383 RTM 69556 b
1236	1236	1 Sec. 80. Grounds for discipline.
1237	1237	2 (a) The Department may refuse to issue, renew, or may
1238	1238	3 revoke, suspend, place on probation, reprimand, or take other
1239	1239	4 disciplinary or non-disciplinary action as the Department
1240	1240	5 deems appropriate, including the issuance of fines not to
1241	1241	6 exceed $10,000 for each violation, with regard to any license
1242	1242	7 for any one or more of the following:
1243	1243	8 (1) Material misstatement in furnishing information to
1244	1244	9 the Department or to any other State agency.
1245	1245	10 (2) Violations or negligent or intentional disregard
1246	1246	11 of this Act or rules adopted under this Act.
1247	1247	12 (3) Conviction by plea of guilty or nolo contendere,
1248	1248	13 finding of guilt, jury verdict, or entry of judgment or by
1249	1249	14 sentencing of any crime, including, but not limited to,
1250	1250	15 convictions, preceding sentences of supervision,
1251	1251	16 conditional discharge, or first offender probation, under
1252	1252	17 the laws of any jurisdiction of the United States: (i)
1253	1253	18 that is a felony or (ii) that is a misdemeanor, an
1254	1254	19 essential element of which is dishonesty, or that is
1255	1255	20 directly related to the practice of the profession.
1256	1256	21 (4) Fraud or any misrepresentation in applying for or
1257	1257	22 procuring a license under this Act or in connection with
1258	1258	23 applying for renewal of a license under this Act.
1259	1259	24 (5) Professional incompetence or gross negligence in
1260	1260	25 the rendering of professional counseling or clinical
1261	1261	26 professional counseling services.
1262	1262
1263	1263
1264	1264
1265	1265
1266	1266
1267	1267	HB5649 - 34 - LRB103 39383 RTM 69556 b
1268	1268
1269	1269
1270	1270	HB5649- 35 -LRB103 39383 RTM 69556 b HB5649 - 35 - LRB103 39383 RTM 69556 b
1271	1271	HB5649 - 35 - LRB103 39383 RTM 69556 b
1272	1272	1 (6) Malpractice.
1273	1273	2 (7) Aiding or assisting another person in violating
1274	1274	3 any provision of this Act or any rules.
1275	1275	4 (8) Failing to provide information within 60 days in
1276	1276	5 response to a written request made by the Department.
1277	1277	6 (9) Engaging in dishonorable, unethical, or
1278	1278	7 unprofessional conduct of a character likely to deceive,
1279	1279	8 defraud, or harm the public and violating the rules of
1280	1280	9 professional conduct adopted by the Department.
1281	1281	10 (10) Habitual or excessive use or abuse of drugs as
1282	1282	11 defined in law as controlled substances, alcohol, or any
1283	1283	12 other substance which results in inability to practice
1284	1284	13 with reasonable skill, judgment, or safety.
1285	1285	14 (11) Discipline by another jurisdiction, the District
1286	1286	15 of Columbia, territory, county, or governmental agency, if
1287	1287	16 at least one of the grounds for the discipline is the same
1288	1288	17 or substantially equivalent to those set forth in this
1289	1289	18 Section.
1290	1290	19 (12) Directly or indirectly giving to or receiving
1291	1291	20 from any person, firm, corporation, partnership, or
1292	1292	21 association any fee, commission, rebate or other form of
1293	1293	22 compensation for any professional service not actually
1294	1294	23 rendered. Nothing in this paragraph (12) affects any bona
1295	1295	24 fide independent contractor or employment arrangements
1296	1296	25 among health care professionals, health facilities, health
1297	1297	26 care providers, or other entities, except as otherwise
1298	1298
1299	1299
1300	1300
1301	1301
1302	1302
1303	1303	HB5649 - 35 - LRB103 39383 RTM 69556 b
1304	1304
1305	1305
1306	1306	HB5649- 36 -LRB103 39383 RTM 69556 b HB5649 - 36 - LRB103 39383 RTM 69556 b
1307	1307	HB5649 - 36 - LRB103 39383 RTM 69556 b
1308	1308	1 prohibited by law. Any employment arrangements may include
1309	1309	2 provisions for compensation, health insurance, pension, or
1310	1310	3 other employment benefits for the provision of services
1311	1311	4 within the scope of the licensee's practice under this
1312	1312	5 Act. Nothing in this paragraph (12) shall be construed to
1313	1313	6 require an employment arrangement to receive professional
1314	1314	7 fees for services rendered.
1315	1315	8 (13) A finding by the Board that the licensee, after
1316	1316	9 having the license placed on probationary status, has
1317	1317	10 violated the terms of probation.
1318	1318	11 (14) Abandonment of a client.
1319	1319	12 (15) Willfully filing false reports relating to a
1320	1320	13 licensee's practice, including but not limited to false
1321	1321	14 records filed with federal or State agencies or
1322	1322	15 departments.
1323	1323	16 (16) Willfully failing to report an instance of
1324	1324	17 suspected child abuse or neglect as required by the Abused
1325	1325	18 and Neglected Child Reporting Act and in matters
1326	1326	19 pertaining to suspected abuse, neglect, financial
1327	1327	20 exploitation, or self-neglect of adults with disabilities
1328	1328	21 and older adults as set forth in the Adult Protective
1329	1329	22 Services Act.
1330	1330	23 (17) Being named as a perpetrator in an indicated
1331	1331	24 report by the Department of Children and Family Services
1332	1332	25 pursuant to the Abused and Neglected Child Reporting Act,
1333	1333	26 and upon proof by clear and convincing evidence that the
1334	1334
1335	1335
1336	1336
1337	1337
1338	1338
1339	1339	HB5649 - 36 - LRB103 39383 RTM 69556 b
1340	1340
1341	1341
1342	1342	HB5649- 37 -LRB103 39383 RTM 69556 b HB5649 - 37 - LRB103 39383 RTM 69556 b
1343	1343	HB5649 - 37 - LRB103 39383 RTM 69556 b
1344	1344	1 licensee has caused a child to be an abused child or
1345	1345	2 neglected child as defined in the Abused and Neglected
1346	1346	3 Child Reporting Act.
1347	1347	4 (18) Physical or mental illness or disability,
1348	1348	5 including, but not limited to, deterioration through the
1349	1349	6 aging process or loss of abilities and skills which
1350	1350	7 results in the inability to practice the profession with
1351	1351	8 reasonable judgment, skill, or safety.
1352	1352	9 (19) Solicitation of professional services by using
1353	1353	10 false or misleading advertising.
1354	1354	11 (20) Allowing one's license under this Act to be used
1355	1355	12 by an unlicensed person in violation of this Act.
1356	1356	13 (21) A finding that licensure has been applied for or
1357	1357	14 obtained by fraudulent means.
1358	1358	15 (22) Practicing under a false or, except as provided
1359	1359	16 by law, an assumed name.
1360	1360	17 (23) Gross and willful overcharging for professional
1361	1361	18 services including filing statements for collection of
1362	1362	19 fees or monies for which services are not rendered.
1363	1363	20 (24) Rendering professional counseling or clinical
1364	1364	21 professional counseling services without a license or
1365	1365	22 practicing outside the scope of a license.
1366	1366	23 (25) Clinical supervisors failing to adequately and
1367	1367	24 responsibly monitor supervisees.
1368	1368	25 (26) Violating Section 2EEEE of the Consumer Fraud and
1369	1369	26 Deceptive Business Practices Act.
1370	1370
1371	1371
1372	1372
1373	1373
1374	1374
1375	1375	HB5649 - 37 - LRB103 39383 RTM 69556 b
1376	1376
1377	1377
1378	1378	HB5649- 38 -LRB103 39383 RTM 69556 b HB5649 - 38 - LRB103 39383 RTM 69556 b
1379	1379	HB5649 - 38 - LRB103 39383 RTM 69556 b
1380	1380	1 All fines imposed under this Section shall be paid within
1381	1381	2 60 days after the effective date of the order imposing the
1382	1382	3 fine.
1383	1383	4 (b) (Blank).
1384	1384	5 (b-5) The Department may refuse to issue or may suspend
1385	1385	6 without hearing, as provided for in the Code of Civil
1386	1386	7 Procedure, the license of any person who fails to file a
1387	1387	8 return, pay the tax, penalty, or interest shown in a filed
1388	1388	9 return, or pay any final assessment of the tax, penalty, or
1389	1389	10 interest as required by any tax Act administered by the
1390	1390	11 Illinois Department of Revenue, until such time as the
1391	1391	12 requirements of any such tax Act are satisfied in accordance
1392	1392	13 with subsection (g) of Section 2105-15 of the Department of
1393	1393	14 Professional Regulation Law of the Civil Administrative Code
1394	1394	15 of Illinois.
1395	1395	16 (b-10) In cases where the Department of Healthcare and
1396	1396	17 Family Services has previously determined a licensee or a
1397	1397	18 potential licensee is more than 30 days delinquent in the
1398	1398	19 payment of child support and has subsequently certified the
1399	1399	20 delinquency to the Department, the Department may refuse to
1400	1400	21 issue or renew or may revoke or suspend that person's license
1401	1401	22 or may take other disciplinary action against that person
1402	1402	23 based solely upon the certification of delinquency made by the
1403	1403	24 Department of Healthcare and Family Services in accordance
1404	1404	25 with item (5) of subsection (a) of Section 2105-15 of the
1405	1405	26 Department of Professional Regulation Law of the Civil
1406	1406
1407	1407
1408	1408
1409	1409
1410	1410
1411	1411	HB5649 - 38 - LRB103 39383 RTM 69556 b
1412	1412
1413	1413
1414	1414	HB5649- 39 -LRB103 39383 RTM 69556 b HB5649 - 39 - LRB103 39383 RTM 69556 b
1415	1415	HB5649 - 39 - LRB103 39383 RTM 69556 b
1416	1416	1 Administrative Code of Illinois.
1417	1417	2 (c) The determination by a court that a licensee is
1418	1418	3 subject to involuntary admission or judicial admission as
1419	1419	4 provided in the Mental Health and Developmental Disabilities
1420	1420	5 Code will result in an automatic suspension of his or her
1421	1421	6 license. The suspension will end upon a finding by a court that
1422	1422	7 the licensee is no longer subject to involuntary admission or
1423	1423	8 judicial admission, the issuance of an order so finding and
1424	1424	9 discharging the patient, and the recommendation of the Board
1425	1425	10 to the Secretary that the licensee be allowed to resume
1426	1426	11 professional practice.
1427	1427	12 (c-1) The Department shall not revoke, suspend, summarily
1428	1428	13 suspend, place on prohibition, reprimand, refuse to issue or
1429	1429	14 renew, or take any other disciplinary or non-disciplinary
1430	1430	15 action against the license or permit issued under this Act to
1431	1431	16 practice as a professional counselor or clinical professional
1432	1432	17 counselor based solely upon the professional counselor or
1433	1433	18 clinical professional counselor authorizing, recommending,
1434	1434	19 aiding, assisting, referring for, or otherwise participating
1435	1435	20 in any health care service, so long as the care was not
1436	1436	21 unlawful under the laws of this State, regardless of whether
1437	1437	22 the patient was a resident of this State or another state.
1438	1438	23 (c-2) The Department shall not revoke, suspend, summarily
1439	1439	24 suspend, place on prohibition, reprimand, refuse to issue or
1440	1440	25 renew, or take any other disciplinary or non-disciplinary
1441	1441	26 action against the license or permit issued under this Act to
1442	1442
1443	1443
1444	1444
1445	1445
1446	1446
1447	1447	HB5649 - 39 - LRB103 39383 RTM 69556 b
1448	1448
1449	1449
1450	1450	HB5649- 40 -LRB103 39383 RTM 69556 b HB5649 - 40 - LRB103 39383 RTM 69556 b
1451	1451	HB5649 - 40 - LRB103 39383 RTM 69556 b
1452	1452	1 practice as a professional counselor or clinical professional
1453	1453	2 counselor based upon the professional counselor's or clinical
1454	1454	3 professional counselor's license being revoked or suspended,
1455	1455	4 or the professional counselor or clinical professional
1456	1456	5 counselor being otherwise disciplined by any other state, if
1457	1457	6 that revocation, suspension, or other form of discipline was
1458	1458	7 based solely on the professional counselor or clinical
1459	1459	8 professional counselor violating another state's laws
1460	1460	9 prohibiting the provision of, authorization of, recommendation
1461	1461	10 of, aiding or assisting in, referring for, or participation in
1462	1462	11 any health care service if that health care service as
1463	1463	12 provided would not have been unlawful under the laws of this
1464	1464	13 State and is consistent with the standards of conduct for a
1465	1465	14 professional counselor or clinical professional counselor
1466	1466	15 practicing in Illinois.
1467	1467	16 (c-3) The conduct specified in subsections (c-1) and (c-2)
1468	1468	17 shall not constitute grounds for suspension under Section 145.
1469	1469	18 (c-4) An applicant seeking licensure, certification, or
1470	1470	19 authorization pursuant to this Act who has been subject to
1471	1471	20 disciplinary action by a duly authorized professional
1472	1472	21 disciplinary agency of another jurisdiction solely on the
1473	1473	22 basis of having authorized, recommended, aided, assisted,
1474	1474	23 referred for, or otherwise participated in health care shall
1475	1475	24 not be denied such licensure, certification, or authorization,
1476	1476	25 unless the Department determines that such action would have
1477	1477	26 constituted professional misconduct in this State; however,
1478	1478
1479	1479
1480	1480
1481	1481
1482	1482
1483	1483	HB5649 - 40 - LRB103 39383 RTM 69556 b
1484	1484
1485	1485
1486	1486	HB5649- 41 -LRB103 39383 RTM 69556 b HB5649 - 41 - LRB103 39383 RTM 69556 b
1487	1487	HB5649 - 41 - LRB103 39383 RTM 69556 b
1488	1488	1 nothing in this Section shall be construed as prohibiting the
1489	1489	2 Department from evaluating the conduct of such applicant and
1490	1490	3 making a determination regarding the licensure, certification,
1491	1491	4 or authorization to practice a profession under this Act.
1492	1492	5 (c-5) In enforcing this Act, the Department, upon a
1493	1493	6 showing of a possible violation, may compel an individual
1494	1494	7 licensed to practice under this Act, or who has applied for
1495	1495	8 licensure under this Act, to submit to a mental or physical
1496	1496	9 examination, or both, as required by and at the expense of the
1497	1497	10 Department. The Department may order the examining physician
1498	1498	11 to present testimony concerning the mental or physical
1499	1499	12 examination of the licensee or applicant. No information shall
1500	1500	13 be excluded by reason of any common law or statutory privilege
1501	1501	14 relating to communications between the licensee or applicant
1502	1502	15 and the examining physician. The examining physicians shall be
1503	1503	16 specifically designated by the Department. The individual to
1504	1504	17 be examined may have, at his or her own expense, another
1505	1505	18 physician of his or her choice present during all aspects of
1506	1506	19 this examination. The examination shall be performed by a
1507	1507	20 physician licensed to practice medicine in all its branches.
1508	1508	21 Failure of an individual to submit to a mental or physical
1509	1509	22 examination, when directed, shall result in an automatic
1510	1510	23 suspension without hearing.
1511	1511	24 All substance-related violations shall mandate an
1512	1512	25 automatic substance abuse assessment. Failure to submit to an
1513	1513	26 assessment by a licensed physician who is certified as an
1514	1514
1515	1515
1516	1516
1517	1517
1518	1518
1519	1519	HB5649 - 41 - LRB103 39383 RTM 69556 b
1520	1520
1521	1521
1522	1522	HB5649- 42 -LRB103 39383 RTM 69556 b HB5649 - 42 - LRB103 39383 RTM 69556 b
1523	1523	HB5649 - 42 - LRB103 39383 RTM 69556 b
1524	1524	1 addictionist or an advanced practice registered nurse with
1525	1525	2 specialty certification in addictions may be grounds for an
1526	1526	3 automatic suspension.
1527	1527	4 If the Department finds an individual unable to practice
1528	1528	5 or unfit for duty because of the reasons set forth in this
1529	1529	6 subsection (c-5), the Department may require that individual
1530	1530	7 to submit to a substance abuse evaluation or treatment by
1531	1531	8 individuals or programs approved or designated by the
1532	1532	9 Department, as a condition, term, or restriction for
1533	1533	10 continued, restored, or renewed licensure to practice; or, in
1534	1534	11 lieu of evaluation or treatment, the Department may file, or
1535	1535	12 the Board may recommend to the Department to file, a complaint
1536	1536	13 to immediately suspend, revoke, or otherwise discipline the
1537	1537	14 license of the individual. An individual whose license was
1538	1538	15 granted, continued, restored, renewed, disciplined, or
1539	1539	16 supervised subject to such terms, conditions, or restrictions,
1540	1540	17 and who fails to comply with such terms, conditions, or
1541	1541	18 restrictions, shall be referred to the Secretary for a
1542	1542	19 determination as to whether the individual shall have his or
1543	1543	20 her license suspended immediately, pending a hearing by the
1544	1544	21 Department.
1545	1545	22 A person holding a license under this Act or who has
1546	1546	23 applied for a license under this Act who, because of a physical
1547	1547	24 or mental illness or disability, including, but not limited
1548	1548	25 to, deterioration through the aging process or loss of motor
1549	1549	26 skill, is unable to practice the profession with reasonable
1550	1550
1551	1551
1552	1552
1553	1553
1554	1554
1555	1555	HB5649 - 42 - LRB103 39383 RTM 69556 b
1556	1556
1557	1557
1558	1558	HB5649- 43 -LRB103 39383 RTM 69556 b HB5649 - 43 - LRB103 39383 RTM 69556 b
1559	1559	HB5649 - 43 - LRB103 39383 RTM 69556 b
1560	1560	1 judgment, skill, or safety, may be required by the Department
1561	1561	2 to submit to care, counseling, or treatment by physicians
1562	1562	3 approved or designated by the Department as a condition, term,
1563	1563	4 or restriction for continued, reinstated, or renewed licensure
1564	1564	5 to practice. Submission to care, counseling, or treatment as
1565	1565	6 required by the Department shall not be considered discipline
1566	1566	7 of a license. If the licensee refuses to enter into a care,
1567	1567	8 counseling, or treatment agreement or fails to abide by the
1568	1568	9 terms of the agreement, the Department may file a complaint to
1569	1569	10 revoke, suspend, or otherwise discipline the license of the
1570	1570	11 individual. The Secretary may order the license suspended
1571	1571	12 immediately, pending a hearing by the Department. Fines shall
1572	1572	13 not be assessed in disciplinary actions involving physical or
1573	1573	14 mental illness or impairment.
1574	1574	15 In instances in which the Secretary immediately suspends a
1575	1575	16 person's license under this Section, a hearing on that
1576	1576	17 person's license must be convened by the Department within 15
1577	1577	18 days after the suspension and completed without appreciable
1578	1578	19 delay. The Department shall have the authority to review the
1579	1579	20 subject individual's record of treatment and counseling
1580	1580	21 regarding the impairment to the extent permitted by applicable
1581	1581	22 federal statutes and regulations safeguarding the
1582	1582	23 confidentiality of medical records.
1583	1583	24 An individual licensed under this Act and affected under
1584	1584	25 this Section shall be afforded an opportunity to demonstrate
1585	1585	26 to the Department that he or she can resume practice in
1586	1586
1587	1587
1588	1588
1589	1589
1590	1590
1591	1591	HB5649 - 43 - LRB103 39383 RTM 69556 b
1592	1592
1593	1593
1594	1594	HB5649- 44 -LRB103 39383 RTM 69556 b HB5649 - 44 - LRB103 39383 RTM 69556 b
1595	1595	HB5649 - 44 - LRB103 39383 RTM 69556 b
1596	1596	1 compliance with acceptable and prevailing standards under the
1597	1597	2 provisions of his or her license.
1598	1598	3 (d) (Blank).
1599	1599	4 (e) The Department may adopt rules to implement the
1600	1600	5 changes made by this amendatory Act of the 102nd General
1601	1601	6 Assembly.
1602	1602	7 (Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.)
1603	1603	8 (225 ILCS 107/175 new)
1604	1604	9 Sec. 175. Use of artificial intelligence. The Department
1605	1605	10 may adopt rules to regulate the use of artificial intelligence
1606	1606	11 tools to provide mental health services by persons licensed
1607	1607	12 under this Act.
1608	1608	13 Section 30. The Consumer Fraud and Deceptive Business
1609	1609	14 Practices Act is amended by adding Section 2EEEE as follows:
1610	1610	15 (815 ILCS 505/2EEEE new)
1611	1611	16 Sec. 2EEEE. Use of artificial intelligence in mental
1612	1612	17 health services.
1613	1613	18 (a) As used in this Section:
1614	1614	19 "Artificial intelligence" means any technology that can
1615	1615	20 simulate human intelligence, including, but not limited to,
1616	1616	21 natural language processing, training language models, and
1617	1617	22 reinforcement learning from human feedback and machine
1618	1618	23 learning systems.
1619	1619
1620	1620
1621	1621
1622	1622
1623	1623
1624	1624	HB5649 - 44 - LRB103 39383 RTM 69556 b
1625	1625
1626	1626
1627	1627	HB5649- 45 -LRB103 39383 RTM 69556 b HB5649 - 45 - LRB103 39383 RTM 69556 b
1628	1628	HB5649 - 45 - LRB103 39383 RTM 69556 b
1629	1629
1630	1630
1631	1631
1632	1632
1633	1633
1634	1634	HB5649 - 45 - LRB103 39383 RTM 69556 b