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
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
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
LRB103 39383 RTM 69556 b
A BILL FOR
HB5649LRB103 39383 RTM 69556 b HB5649 LRB103 39383 RTM 69556 b
HB5649 LRB103 39383 RTM 69556 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Clinical Social Work and Social Work
5 Practice Act is amended by changing Section 19 and by adding
6 Section 36.5 as follows:
7 (225 ILCS 20/19) (from Ch. 111, par. 6369)
8 (Section scheduled to be repealed on January 1, 2028)
9 Sec. 19. Grounds for disciplinary action.
10 (1) The Department may refuse to issue or renew a license,
11 or may suspend, revoke, place on probation, reprimand, or take
12 any other disciplinary or non-disciplinary action deemed
13 appropriate by the Department, including the imposition of
14 fines not to exceed $10,000 for each violation, with regard to
15 any license issued under the provisions of this Act for any one
16 or a combination of the following grounds:
17 (a) material misstatements in furnishing information
18 to the Department or to any other State agency or in
19 furnishing information to any insurance company with
20 respect to a claim on behalf of a licensee or a patient;
21 (b) violations or negligent or intentional disregard
22 of this Act, or any of the rules promulgated hereunder;
23 (c) conviction of or entry of a plea of guilty or nolo
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
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.
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LRB103 39383 RTM 69556 b
A BILL FOR
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
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1 contendere, finding of guilt, jury verdict, or entry of
2 judgment or sentencing, including, but not limited to,
3 convictions, preceding sentences of supervision,
4 conditional discharge, or first offender probation, under
5 the laws of any jurisdiction of the United States that is
6 (i) a felony or (ii) a misdemeanor, an essential element
7 of which is dishonesty, or that is directly related to the
8 practice of the clinical social work or social work
9 professions;
10 (d) fraud or misrepresentation in applying for or
11 procuring a license under this Act or in connection with
12 applying for renewal or restoration of a license under
13 this Act;
14 (e) professional incompetence;
15 (f) gross negligence in practice under this Act;
16 (g) aiding or assisting another person in violating
17 any provision of this Act or its rules;
18 (h) failing to provide information within 60 days in
19 response to a written request made by the Department;
20 (i) engaging in dishonorable, unethical or
21 unprofessional conduct of a character likely to deceive,
22 defraud or harm the public as defined by the rules of the
23 Department, or violating the rules of professional conduct
24 adopted by the Department;
25 (j) habitual or excessive use or abuse of drugs
26 defined in law as controlled substances, of alcohol, or of
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1 any other substances that results in the inability to
2 practice with reasonable judgment, skill, or safety;
3 (k) adverse action taken by another state or
4 jurisdiction, if at least one of the grounds for the
5 discipline is the same or substantially equivalent to
6 those set forth in this Section;
7 (l) directly or indirectly giving to or receiving from
8 any person, firm, corporation, partnership, or association
9 any fee, commission, rebate or other form of compensation
10 for any professional service not actually rendered.
11 Nothing in this paragraph (l) affects any bona fide
12 independent contractor or employment arrangements among
13 health care professionals, health facilities, health care
14 providers, or other entities, except as otherwise
15 prohibited by law. Any employment arrangements may include
16 provisions for compensation, health insurance, pension, or
17 other employment benefits for the provision of services
18 within the scope of the licensee's practice under this
19 Act. Nothing in this paragraph (l) shall be construed to
20 require an employment arrangement to receive professional
21 fees for services rendered;
22 (m) a finding by the Department that the licensee,
23 after having the license placed on probationary status,
24 has violated the terms of probation or failed to comply
25 with such terms;
26 (n) abandonment, without cause, of a client;
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1 (o) willfully making or filing false records or
2 reports relating to a licensee's practice, including, but
3 not limited to, false records filed with Federal or State
4 agencies or departments;
5 (p) willfully failing to report an instance of
6 suspected child abuse or neglect as required by the Abused
7 and Neglected Child Reporting Act;
8 (q) being named as a perpetrator in an indicated
9 report by the Department of Children and Family Services
10 under the Abused and Neglected Child Reporting Act, and
11 upon proof by clear and convincing evidence that the
12 licensee has caused a child to be an abused child or
13 neglected child as defined in the Abused and Neglected
14 Child Reporting Act;
15 (r) physical illness, mental illness, or any other
16 impairment or disability, including, but not limited to,
17 deterioration through the aging process, or loss of motor
18 skills that results in the inability to practice the
19 profession with reasonable judgment, skill or safety;
20 (s) solicitation of professional services by using
21 false or misleading advertising;
22 (t) violation of the Health Care Worker Self-Referral
23 Act;
24 (u) willfully failing to report an instance of
25 suspected abuse, neglect, financial exploitation, or
26 self-neglect of an eligible adult as defined in and
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1 required by the Adult Protective Services Act; or
2 (v) being named as an abuser in a verified report by
3 the Department on Aging under the Adult Protective
4 Services Act, and upon proof by clear and convincing
5 evidence that the licensee abused, neglected, or
6 financially exploited an eligible adult as defined in the
7 Adult Protective Services Act.
8 (w) Violating Section 2EEEE of the Consumer Fraud and
9 Deceptive Business Practices Act.
10 (2) (Blank).
11 (3) The determination by a court that a licensee is
12 subject to involuntary admission or judicial admission as
13 provided in the Mental Health and Developmental Disabilities
14 Code, will result in an automatic suspension of his license.
15 Such suspension will end upon a finding by a court that the
16 licensee is no longer subject to involuntary admission or
17 judicial admission and issues an order so finding and
18 discharging the patient, and upon the recommendation of the
19 Board to the Secretary that the licensee be allowed to resume
20 professional practice.
21 (4) The Department shall refuse to issue or renew or may
22 suspend the license of a person who (i) fails to file a return,
23 pay the tax, penalty, or interest shown in a filed return, or
24 pay any final assessment of tax, penalty, or interest, as
25 required by any tax Act administered by the Department of
26 Revenue, until the requirements of the tax Act are satisfied
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1 or (ii) has failed to pay any court-ordered child support as
2 determined by a court order or by referral from the Department
3 of Healthcare and Family Services.
4 (4.5) The Department shall not revoke, suspend, summarily
5 suspend, place on prohibition, reprimand, refuse to issue or
6 renew, or take any other disciplinary or non-disciplinary
7 action against a license or permit issued under this Act based
8 solely upon the licensed clinical social worker authorizing,
9 recommending, aiding, assisting, referring for, or otherwise
10 participating in any health care service, so long as the care
11 was not unlawful under the laws of this State, regardless of
12 whether the patient was a resident of this State or another
13 state.
14 (4.10) The Department shall not revoke, suspend, summarily
15 suspend, place on prohibition, reprimand, refuse to issue or
16 renew, or take any other disciplinary or non-disciplinary
17 action against the license or permit issued under this Act to
18 practice as a licensed clinical social worker based upon the
19 licensed clinical social worker's license being revoked or
20 suspended, or the licensed clinical social worker being
21 otherwise disciplined by any other state, if that revocation,
22 suspension, or other form of discipline was based solely on
23 the licensed clinical social worker violating another state's
24 laws prohibiting the provision of, authorization of,
25 recommendation of, aiding or assisting in, referring for, or
26 participation in any health care service if that health care
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1 service as provided would not have been unlawful under the
2 laws of this State and is consistent with the standards of
3 conduct for a licensed clinical social worker practicing in
4 Illinois.
5 (4.15) The conduct specified in subsections (4.5) and
6 (4.10) shall not constitute grounds for suspension under
7 Section 32.
8 (4.20) An applicant seeking licensure, certification, or
9 authorization pursuant to this Act who has been subject to
10 disciplinary action by a duly authorized professional
11 disciplinary agency of another jurisdiction solely on the
12 basis of having authorized, recommended, aided, assisted,
13 referred for, or otherwise participated in health care shall
14 not be denied such licensure, certification, or authorization,
15 unless the Department determines that such action would have
16 constituted professional misconduct in this State; however,
17 nothing in this Section shall be construed as prohibiting the
18 Department from evaluating the conduct of such applicant and
19 making a determination regarding the licensure, certification,
20 or authorization to practice a profession under this Act.
21 (5)(a) In enforcing this Section, the Department or Board,
22 upon a showing of a possible violation, may compel a person
23 licensed to practice under this Act, or who has applied for
24 licensure under this Act, to submit to a mental or physical
25 examination, or both, which may include a substance abuse or
26 sexual offender evaluation, as required by and at the expense
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1 of the Department.
2 (b) The Department shall specifically designate the
3 examining physician licensed to practice medicine in all of
4 its branches or, if applicable, the multidisciplinary team
5 involved in providing the mental or physical examination or
6 both. The multidisciplinary team shall be led by a physician
7 licensed to practice medicine in all of its branches and may
8 consist of one or more or a combination of physicians licensed
9 to practice medicine in all of its branches, licensed clinical
10 psychologists, licensed clinical social workers, licensed
11 clinical professional counselors, and other professional and
12 administrative staff. Any examining physician or member of the
13 multidisciplinary team may require any person ordered to
14 submit to an examination pursuant to this Section to submit to
15 any additional supplemental testing deemed necessary to
16 complete any examination or evaluation process, including, but
17 not limited to, blood testing, urinalysis, psychological
18 testing, or neuropsychological testing.
19 (c) The Board or the Department may order the examining
20 physician or any member of the multidisciplinary team to
21 present testimony concerning this mental or physical
22 examination of the licensee or applicant. No information,
23 report, record, or other documents in any way related to the
24 examination shall be excluded by reason of any common law or
25 statutory privilege relating to communications between the
26 licensee or applicant and the examining physician or any
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1 member of the multidisciplinary team. No authorization is
2 necessary from the licensee or applicant ordered to undergo an
3 examination for the examining physician or any member of the
4 multidisciplinary team to provide information, reports,
5 records, or other documents or to provide any testimony
6 regarding the examination and evaluation.
7 (d) The person to be examined may have, at his or her own
8 expense, another physician of his or her choice present during
9 all aspects of the examination. However, that physician shall
10 be present only to observe and may not interfere in any way
11 with the examination.
12 (e) Failure of any person to submit to a mental or physical
13 examination without reasonable cause, when ordered, shall
14 result in an automatic suspension of his or her license until
15 the person submits to the examination.
16 (f) If the Department or Board finds a person unable to
17 practice because of the reasons set forth in this Section, the
18 Department or Board may require that person to submit to care,
19 counseling, or treatment by physicians approved or designated
20 by the Department or Board, as a condition, term, or
21 restriction for continued, reinstated, or renewed licensure to
22 practice; or, in lieu of care, counseling or treatment, the
23 Department may file, or the Board may recommend to the
24 Department to file, a complaint to immediately suspend,
25 revoke, or otherwise discipline the license of the person. Any
26 person whose license was granted, continued, reinstated,
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1 renewed, disciplined or supervised subject to such terms,
2 conditions or restrictions, and who fails to comply with such
3 terms, conditions, or restrictions, shall be referred to the
4 Secretary for a determination as to whether the person shall
5 have his or her license suspended immediately, pending a
6 hearing by the Department.
7 (g) All fines imposed shall be paid within 60 days after
8 the effective date of the order imposing the fine or in
9 accordance with the terms set forth in the order imposing the
10 fine.
11 In instances in which the Secretary immediately suspends a
12 person's license under this Section, a hearing on that
13 person's license must be convened by the Department within 30
14 days after the suspension and completed without appreciable
15 delay. The Department and Board shall have the authority to
16 review the subject person's record of treatment and counseling
17 regarding the impairment, to the extent permitted by
18 applicable federal statutes and regulations safeguarding the
19 confidentiality of medical records.
20 A person licensed under this Act and affected under this
21 Section shall be afforded an opportunity to demonstrate to the
22 Department or Board that he or she can resume practice in
23 compliance with acceptable and prevailing standards under the
24 provisions of his or her license.
25 (h) The Department may adopt rules to implement the
26 changes made by this amendatory Act of the 102nd General
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1 Assembly.
2 (Source: P.A. 102-1117, eff. 1-13-23.)
3 (225 ILCS 20/36.5 new)
4 Sec. 36.5. Use of artificial intelligence. The Department
5 may adopt rules to regulate the use of artificial intelligence
6 tools to provide mental health services by persons licensed
7 under this Act.
8 Section 10. The Medical Practice Act of 1987 is amended by
9 adding Section 60.5 as follows:
10 (225 ILCS 60/60.5 new)
11 Sec. 60.5. Use of artificial intelligence.
12 (a) A violation of Section 2EEEE of the Consumer Fraud and
13 Deceptive Business Practices Act shall be grounds for
14 discipline under this Act.
15 (b) The Department may adopt rules to regulate the use of
16 artificial intelligence tools to provide mental health
17 services by persons licensed under this Act.
18 Section 15. The Nurse Practice Act is amended by changing
19 Section 70-5 and by adding Section 70-175 as follows:
20 (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
21 (Section scheduled to be repealed on January 1, 2028)
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1 Sec. 70-5. Grounds for disciplinary action.
2 (a) The Department may refuse to issue or to renew, or may
3 revoke, suspend, place on probation, reprimand, or take other
4 disciplinary or non-disciplinary action as the Department may
5 deem appropriate, including fines not to exceed $10,000 per
6 violation, with regard to a license for any one or combination
7 of the causes set forth in subsection (b) below. All fines
8 collected under this Section shall be deposited in the Nursing
9 Dedicated and Professional Fund.
10 (b) Grounds for disciplinary action include the following:
11 (1) Material deception in furnishing information to
12 the Department.
13 (2) Material violations of any provision of this Act
14 or violation of the rules of or final administrative
15 action of the Secretary, after consideration of the
16 recommendation of the Board.
17 (3) Conviction by plea of guilty or nolo contendere,
18 finding of guilt, jury verdict, or entry of judgment or by
19 sentencing of any crime, including, but not limited to,
20 convictions, preceding sentences of supervision,
21 conditional discharge, or first offender probation, under
22 the laws of any jurisdiction of the United States: (i)
23 that is a felony; or (ii) that is a misdemeanor, an
24 essential element of which is dishonesty, or that is
25 directly related to the practice of the profession.
26 (4) A pattern of practice or other behavior which
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1 demonstrates incapacity or incompetency to practice under
2 this Act.
3 (5) Knowingly aiding or assisting another person in
4 violating any provision of this Act or rules.
5 (6) Failing, within 90 days, to provide a response to
6 a request for information in response to a written request
7 made by the Department by certified or registered mail or
8 by email to the email address of record.
9 (7) Engaging in dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud, or harm the public, as defined by rule.
12 (8) Unlawful taking, theft, selling, distributing, or
13 manufacturing of any drug, narcotic, or prescription
14 device.
15 (9) Habitual or excessive use or addiction to alcohol,
16 narcotics, stimulants, or any other chemical agent or drug
17 that could result in a licensee's inability to practice
18 with reasonable judgment, skill, or safety.
19 (10) Discipline by another U.S. jurisdiction or
20 foreign nation, if at least one of the grounds for the
21 discipline is the same or substantially equivalent to
22 those set forth in this Section.
23 (11) A finding that the licensee, after having her or
24 his license placed on probationary status or subject to
25 conditions or restrictions, has violated the terms of
26 probation or failed to comply with such terms or
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1 conditions.
2 (12) Being named as a perpetrator in an indicated
3 report by the Department of Children and Family Services
4 and under the Abused and Neglected Child Reporting Act,
5 and upon proof by clear and convincing evidence that the
6 licensee has caused a child to be an abused child or
7 neglected child as defined in the Abused and Neglected
8 Child Reporting Act.
9 (13) Willful omission to file or record, or willfully
10 impeding the filing or recording or inducing another
11 person to omit to file or record medical reports as
12 required by law.
13 (13.5) Willfully failing to report an instance of
14 suspected child abuse or neglect as required by the Abused
15 and Neglected Child Reporting Act.
16 (14) Gross negligence in the practice of practical,
17 professional, or advanced practice registered nursing.
18 (15) Holding oneself out to be practicing nursing
19 under any name other than one's own.
20 (16) Failure of a licensee to report to the Department
21 any adverse final action taken against him or her by
22 another licensing jurisdiction of the United States or any
23 foreign state or country, any peer review body, any health
24 care institution, any professional or nursing society or
25 association, any governmental agency, any law enforcement
26 agency, or any court or a nursing liability claim related
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1 to acts or conduct similar to acts or conduct that would
2 constitute grounds for action as defined in this Section.
3 (17) Failure of a licensee to report to the Department
4 surrender by the licensee of a license or authorization to
5 practice nursing or advanced practice registered nursing
6 in another state or jurisdiction or current surrender by
7 the licensee of membership on any nursing staff or in any
8 nursing or advanced practice registered nursing or
9 professional association or society while under
10 disciplinary investigation by any of those authorities or
11 bodies for acts or conduct similar to acts or conduct that
12 would constitute grounds for action as defined by this
13 Section.
14 (18) Failing, within 60 days, to provide information
15 in response to a written request made by the Department.
16 (19) Failure to establish and maintain records of
17 patient care and treatment as required by law.
18 (20) Fraud, deceit, or misrepresentation in applying
19 for or procuring a license under this Act or in connection
20 with applying for renewal of a license under this Act.
21 (21) Allowing another person or organization to use
22 the licensee's license to deceive the public.
23 (22) Willfully making or filing false records or
24 reports in the licensee's practice, including, but not
25 limited to, false records to support claims against the
26 medical assistance program of the Department of Healthcare
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1 and Family Services (formerly Department of Public Aid)
2 under the Illinois Public Aid Code.
3 (23) Attempting to subvert or cheat on a licensing
4 examination administered under this Act.
5 (24) Immoral conduct in the commission of an act,
6 including, but not limited to, sexual abuse, sexual
7 misconduct, or sexual exploitation, related to the
8 licensee's practice.
9 (25) Willfully or negligently violating the
10 confidentiality between nurse and patient except as
11 required by law.
12 (26) Practicing under a false or assumed name, except
13 as provided by law.
14 (27) The use of any false, fraudulent, or deceptive
15 statement in any document connected with the licensee's
16 practice.
17 (28) Directly or indirectly giving to or receiving
18 from a person, firm, corporation, partnership, or
19 association a fee, commission, rebate, or other form of
20 compensation for professional services not actually or
21 personally rendered. Nothing in this paragraph (28)
22 affects any bona fide independent contractor or employment
23 arrangements among health care professionals, health
24 facilities, health care providers, or other entities,
25 except as otherwise prohibited by law. Any employment
26 arrangements may include provisions for compensation,
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1 health insurance, pension, or other employment benefits
2 for the provision of services within the scope of the
3 licensee's practice under this Act. Nothing in this
4 paragraph (28) shall be construed to require an employment
5 arrangement to receive professional fees for services
6 rendered.
7 (29) A violation of the Health Care Worker
8 Self-Referral Act.
9 (30) Physical illness, mental illness, or disability
10 that results in the inability to practice the profession
11 with reasonable judgment, skill, or safety.
12 (31) Exceeding the terms of a collaborative agreement
13 or the prescriptive authority delegated to a licensee by
14 his or her collaborating physician or podiatric physician
15 in guidelines established under a written collaborative
16 agreement.
17 (32) Making a false or misleading statement regarding
18 a licensee's skill or the efficacy or value of the
19 medicine, treatment, or remedy prescribed by him or her in
20 the course of treatment.
21 (33) Prescribing, selling, administering,
22 distributing, giving, or self-administering a drug
23 classified as a controlled substance (designated product)
24 or narcotic for other than medically accepted therapeutic
25 purposes.
26 (34) Promotion of the sale of drugs, devices,
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1 appliances, or goods provided for a patient in a manner to
2 exploit the patient for financial gain.
3 (35) Violating State or federal laws, rules, or
4 regulations relating to controlled substances.
5 (36) Willfully or negligently violating the
6 confidentiality between an advanced practice registered
7 nurse, collaborating physician, dentist, or podiatric
8 physician and a patient, except as required by law.
9 (37) Willfully failing to report an instance of
10 suspected abuse, neglect, financial exploitation, or
11 self-neglect of an eligible adult as defined in and
12 required by the Adult Protective Services Act.
13 (38) Being named as an abuser in a verified report by
14 the Department on Aging and under the Adult Protective
15 Services Act, and upon proof by clear and convincing
16 evidence that the licensee abused, neglected, or
17 financially exploited an eligible adult as defined in the
18 Adult Protective Services Act.
19 (39) A violation of any provision of this Act or any
20 rules adopted under this Act.
21 (40) Violating the Compassionate Use of Medical
22 Cannabis Program Act.
23 (41) Violating Section 2EEEE of the Consumer Fraud and
24 Deceptive Business Practices Act.
25 (b-5) The Department shall not revoke, suspend, summarily
26 suspend, place on probation, reprimand, refuse to issue or
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1 renew, or take any other disciplinary or non-disciplinary
2 action against the license or permit issued under this Act to
3 practice as a registered nurse or an advanced practice
4 registered nurse based solely upon the registered nurse or
5 advanced practice registered nurse providing, authorizing,
6 recommending, aiding, assisting, referring for, or otherwise
7 participating in any health care service, so long as the care
8 was not unlawful under the laws of this State, regardless of
9 whether the patient was a resident of this State or another
10 state.
11 (b-10) The Department shall not revoke, suspend, summarily
12 suspend, place on prohibition, reprimand, refuse to issue or
13 renew, or take any other disciplinary or non-disciplinary
14 action against the license or permit issued under this Act to
15 practice as a registered nurse or an advanced practice
16 registered nurse based upon the registered nurse's or advanced
17 practice registered nurse's license being revoked or
18 suspended, or the registered nurse or advanced practice
19 registered nurse being otherwise disciplined by any other
20 state, if that revocation, suspension, or other form of
21 discipline was based solely on the registered nurse or
22 advanced practice registered nurse violating another state's
23 laws prohibiting the provision of, authorization of,
24 recommendation of, aiding or assisting in, referring for, or
25 participation in any health care service if that health care
26 service as provided would not have been unlawful under the
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1 laws of this State and is consistent with the standards of
2 conduct for the registered nurse or advanced practice
3 registered nurse practicing in Illinois.
4 (b-15) The conduct specified in subsections (b-5) and
5 (b-10) shall not trigger reporting requirements under Section
6 65-65 or constitute grounds for suspension under Section
7 70-60.
8 (b-20) An applicant seeking licensure, certification, or
9 authorization under this Act who has been subject to
10 disciplinary action by a duly authorized professional
11 disciplinary agency of another jurisdiction solely on the
12 basis of having provided, authorized, recommended, aided,
13 assisted, referred for, or otherwise participated in health
14 care shall not be denied such licensure, certification, or
15 authorization, unless the Department determines that such
16 action would have constituted professional misconduct in this
17 State; however, nothing in this Section shall be construed as
18 prohibiting the Department from evaluating the conduct of such
19 applicant and making a determination regarding the licensure,
20 certification, or authorization to practice a profession under
21 this Act.
22 (c) The determination by a circuit court that a licensee
23 is subject to involuntary admission or judicial admission as
24 provided in the Mental Health and Developmental Disabilities
25 Code, as amended, operates as an automatic suspension. The
26 suspension will end only upon a finding by a court that the
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1 patient is no longer subject to involuntary admission or
2 judicial admission and issues an order so finding and
3 discharging the patient; and upon the recommendation of the
4 Board to the Secretary that the licensee be allowed to resume
5 his or her practice.
6 (d) The Department may refuse to issue or may suspend or
7 otherwise discipline the license of any person who fails to
8 file a return, or to pay the tax, penalty or interest shown in
9 a filed return, or to pay any final assessment of the tax,
10 penalty, or interest as required by any tax Act administered
11 by the Department of Revenue, until such time as the
12 requirements of any such tax Act are satisfied.
13 (e) In enforcing this Act, the Department, upon a showing
14 of a possible violation, may compel an individual licensed to
15 practice under this Act or who has applied for licensure under
16 this Act, to submit to a mental or physical examination, or
17 both, as required by and at the expense of the Department. The
18 Department may order the examining physician to present
19 testimony concerning the mental or physical examination of the
20 licensee or applicant. No information shall be excluded by
21 reason of any common law or statutory privilege relating to
22 communications between the licensee or applicant and the
23 examining physician. The examining physicians shall be
24 specifically designated by the Department. The individual to
25 be examined may have, at his or her own expense, another
26 physician of his or her choice present during all aspects of
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1 this examination. Failure of an individual to submit to a
2 mental or physical examination, when directed, shall result in
3 an automatic suspension without hearing.
4 All substance-related violations shall mandate an
5 automatic substance abuse assessment. Failure to submit to an
6 assessment by a licensed physician who is certified as an
7 addictionist or an advanced practice registered nurse with
8 specialty certification in addictions may be grounds for an
9 automatic suspension, as defined by rule.
10 If the Department finds an individual unable to practice
11 or unfit for duty because of the reasons set forth in this
12 subsection (e), the Department may require that individual to
13 submit to a substance abuse evaluation or treatment by
14 individuals or programs approved or designated by the
15 Department, as a condition, term, or restriction for
16 continued, restored, or renewed licensure to practice; or, in
17 lieu of evaluation or treatment, the Department may file, or
18 the Board may recommend to the Department to file, a complaint
19 to immediately suspend, revoke, or otherwise discipline the
20 license of the individual. An individual whose license was
21 granted, continued, restored, renewed, disciplined, or
22 supervised subject to such terms, conditions, or restrictions,
23 and who fails to comply with such terms, conditions, or
24 restrictions, shall be referred to the Secretary for a
25 determination as to whether the individual shall have his or
26 her license suspended immediately, pending a hearing by the
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1 Department.
2 In instances in which the Secretary immediately suspends a
3 person's license under this subsection (e), a hearing on that
4 person's license must be convened by the Department within 15
5 days after the suspension and completed without appreciable
6 delay. The Department and Board shall have the authority to
7 review the subject individual's record of treatment and
8 counseling regarding the impairment to the extent permitted by
9 applicable federal statutes and regulations safeguarding the
10 confidentiality of medical records.
11 An individual licensed under this Act and affected under
12 this subsection (e) shall be afforded an opportunity to
13 demonstrate to the Department that he or she can resume
14 practice in compliance with nursing standards under the
15 provisions of his or her license.
16 (f) The Department may adopt rules to implement the
17 changes made by this amendatory Act of the 102nd General
18 Assembly.
19 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
20 102-1117, eff. 1-13-23.)
21 (225 ILCS 65/70-175 new)
22 Sec. 70-175. Use of artificial intelligence.The Department
23 may adopt rules to regulate the use of artificial intelligence
24 tools to provide mental health services by persons licensed
25 under this Act.
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1 Section 20. The Illinois Occupational Therapy Practice Act
2 is amended by changing Section 19 and by adding Section 20.5 as
3 follows:
4 (225 ILCS 75/19) (from Ch. 111, par. 3719)
5 (Section scheduled to be repealed on January 1, 2029)
6 Sec. 19. Grounds for discipline.
7 (a) The Department may refuse to issue or renew, or may
8 revoke, suspend, place on probation, reprimand, or take other
9 disciplinary or non-disciplinary action as the Department may
10 deem proper, including imposing fines not to exceed $10,000
11 for each violation and the assessment of costs as provided
12 under Section 19.3 of this Act, with regard to any license for
13 any one or combination of the following:
14 (1) Material misstatement in furnishing information to
15 the Department;
16 (2) Violations of this Act, or of the rules
17 promulgated thereunder;
18 (3) Conviction by plea of guilty or nolo contendere,
19 finding of guilt, jury verdict, or entry of judgment or
20 sentencing of any crime, including, but not limited to,
21 convictions, preceding sentences of supervision,
22 conditional discharge, or first offender probation, under
23 the laws of any jurisdiction of the United States that is
24 (i) a felony or (ii) a misdemeanor, an essential element
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1 of which is dishonesty, or that is directly related to the
2 practice of the profession;
3 (4) Fraud, misrepresentation, or concealment in
4 applying for or procuring a license under this Act, or in
5 connection with applying for renewal of a license under
6 this Act;
7 (5) Professional incompetence;
8 (6) Aiding or assisting another person, firm,
9 partnership or corporation in violating any provision of
10 this Act or rules;
11 (7) Failing, within 60 days, to provide information in
12 response to a written request made by the Department;
13 (8) Engaging in dishonorable, unethical or
14 unprofessional conduct of a character likely to deceive,
15 defraud or harm the public;
16 (9) Habitual or excessive use or abuse of drugs
17 defined in law as controlled substances, alcohol, or any
18 other substance that results in the inability to practice
19 with reasonable judgment, skill, or safety;
20 (10) Discipline by another state, unit of government,
21 government agency, the District of Columbia, a territory,
22 or foreign nation, if at least one of the grounds for the
23 discipline is the same or substantially equivalent to
24 those set forth herein;
25 (11) Directly or indirectly giving to or receiving
26 from any person, firm, corporation, partnership, or
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1 association any fee, commission, rebate, or other form of
2 compensation for professional services not actually or
3 personally rendered. Nothing in this paragraph (11)
4 affects any bona fide independent contractor or employment
5 arrangements among health care professionals, health
6 facilities, health care providers, or other entities,
7 except as otherwise prohibited by law. Any employment
8 arrangements may include provisions for compensation,
9 health insurance, pension, or other employment benefits
10 for the provision of services within the scope of the
11 licensee's practice under this Act. Nothing in this
12 paragraph (11) shall be construed to require an employment
13 arrangement to receive professional fees for services
14 rendered;
15 (12) A finding by the Department that the license
16 holder, after having the license disciplined, has violated
17 the terms of the discipline;
18 (13) Willfully making or filing false records or
19 reports in the practice of occupational therapy,
20 including, but not limited to, false records filed with
21 the State agencies or departments;
22 (14) Physical illness, including, but not limited to,
23 deterioration through the aging process or loss of motor
24 skill which results in the inability to practice under
25 this Act with reasonable judgment, skill, or safety;
26 (15) Solicitation of professional services other than
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1 by permitted advertising;
2 (16) Allowing one's license under this Act to be used
3 by an unlicensed person in violation of this Act;
4 (17) Practicing under a false or, except as provided
5 by law, assumed name;
6 (18) Professional incompetence or gross negligence;
7 (19) Malpractice;
8 (20) Promotion of the sale of drugs, devices,
9 appliances, or goods provided for a patient in any manner
10 to exploit the client for financial gain of the licensee;
11 (21) Gross, willful, or continued overcharging for
12 professional services;
13 (22) Mental illness or disability that results in the
14 inability to practice under this Act with reasonable
15 judgment, skill, or safety;
16 (23) Violating the Health Care Worker Self-Referral
17 Act;
18 (24) Failing to refer a patient or individual whose
19 medical condition should, at the time of evaluation or
20 treatment, be determined to be beyond the scope of
21 practice of the occupational therapist to an appropriate
22 health care professional;
23 (25) Cheating on or attempting to subvert the
24 licensing examination administered under this Act;
25 (26) Charging for professional services not rendered,
26 including filing false statements for the collection of
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1 fees for which services are not rendered;
2 (27) Practicing beyond the scope of the practice of
3 occupational therapy;
4 (28) Providing substandard care as an occupational
5 therapist due to a deliberate or negligent act, negligent
6 supervision of an occupational therapy assistant, or
7 failure to act regardless of whether actual injury to the
8 recipient is established;
9 (29) Providing substandard care as an occupational
10 therapy assistant, including exceeding the authority to
11 perform components of intervention selected and delegated
12 by the supervising occupational therapist regardless of
13 whether actual injury to the recipient is established;
14 (30) Knowingly delegating responsibilities to an
15 individual who does not have the knowledge, skills, or
16 abilities to perform those responsibilities; and
17 (31) Engaging in sexual misconduct. For the purposes
18 of this paragraph, sexual misconduct includes:
19 (A) engaging in or soliciting a sexual
20 relationship, whether consensual or non-consensual,
21 while an occupational therapist or occupational
22 therapy assistant with the recipient of occupational
23 therapy services; and
24 (B) making sexual advances, requesting sexual
25 favors, or engaging in physical contact of a sexual
26 nature with the recipient of occupational therapy
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1 services.
2 (32) Violating Section 2EEEE of the Consumer Fraud and
3 Deceptive Business Practices Act.
4 All fines imposed under this Section shall be paid within
5 60 days after the effective date of the order imposing the fine
6 or in accordance with the terms set forth in the order imposing
7 the fine.
8 (b) The determination by a circuit court that a license
9 holder is subject to involuntary admission or judicial
10 admission as provided in the Mental Health and Developmental
11 Disabilities Code, as now or hereafter amended, operates as an
12 automatic suspension. Such suspension will end only upon a
13 finding by a court that the patient is no longer subject to
14 involuntary admission or judicial admission and an order by
15 the court so finding and discharging the patient. In any case
16 where a license is suspended under this provision, the
17 licensee shall file a petition for restoration and shall
18 include evidence acceptable to the Department that the
19 licensee can resume practice in compliance with acceptable and
20 prevailing standards of their profession.
21 (c) The Department may refuse to issue or may suspend
22 without hearing, as provided for in the Code of Civil
23 Procedure, the license of any person who fails to file a
24 return, to pay the tax, penalty, or interest shown in a filed
25 return, or to pay any final assessment of tax, penalty, or
26 interest as required by any tax Act administered by the
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1 Illinois Department of Revenue, until such time as the
2 requirements of any such tax Act are satisfied in accordance
3 with subsection (a) of Section 2105-15 of the Department of
4 Professional Regulation Law of the Civil Administrative Code
5 of Illinois.
6 (d) In enforcing this Section, the Department, upon a
7 showing of a possible violation, may compel any individual who
8 is licensed under this Act or any individual who has applied
9 for licensure to submit to a mental or physical examination or
10 evaluation, or both, which may include a substance abuse or
11 sexual offender evaluation, at the expense of the Department.
12 The Department shall specifically designate the examining
13 physician licensed to practice medicine in all of its branches
14 or, if applicable, the multidisciplinary team involved in
15 providing the mental or physical examination and evaluation.
16 The multidisciplinary team shall be led by a physician
17 licensed to practice medicine in all of its branches and may
18 consist of one or more or a combination of physicians licensed
19 to practice medicine in all of its branches, licensed
20 chiropractic physicians, licensed clinical psychologists,
21 licensed clinical social workers, licensed clinical
22 professional counselors, and other professional and
23 administrative staff. Any examining physician or member of the
24 multidisciplinary team may require any person ordered to
25 submit to an examination and evaluation pursuant to this
26 Section to submit to any additional supplemental testing
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1 deemed necessary to complete any examination or evaluation
2 process, including, but not limited to, blood testing,
3 urinalysis, psychological testing, or neuropsychological
4 testing.
5 The Department may order the examining physician or any
6 member of the multidisciplinary team to provide to the
7 Department any and all records, including business records,
8 that relate to the examination and evaluation, including any
9 supplemental testing performed. The Department may order the
10 examining physician or any member of the multidisciplinary
11 team to present testimony concerning this examination and
12 evaluation of the licensee or applicant, including testimony
13 concerning any supplemental testing or documents relating to
14 the examination and evaluation. No information, report,
15 record, or other documents in any way related to the
16 examination and evaluation shall be excluded by reason of any
17 common law or statutory privilege relating to communication
18 between the licensee or applicant and the examining physician
19 or any member of the multidisciplinary team. No authorization
20 is necessary from the licensee or applicant ordered to undergo
21 an evaluation and examination for the examining physician or
22 any member of the multidisciplinary team to provide
23 information, reports, records, or other documents or to
24 provide any testimony regarding the examination and
25 evaluation. The individual to be examined may have, at his or
26 her own expense, another physician of his or her choice
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1 present during all aspects of the examination.
2 Failure of any individual to submit to mental or physical
3 examination or evaluation, or both, when directed, shall
4 result in an automatic suspension without hearing, until such
5 time as the individual submits to the examination. If the
6 Department finds a licensee unable to practice because of the
7 reasons set forth in this Section, the Department shall
8 require the licensee to submit to care, counseling, or
9 treatment by physicians approved or designated by the
10 Department as a condition for continued, reinstated, or
11 renewed licensure.
12 When the Secretary immediately suspends a license under
13 this Section, a hearing upon such person's license must be
14 convened by the Department within 15 days after the suspension
15 and completed without appreciable delay. The Department shall
16 have the authority to review the licensee's record of
17 treatment and counseling regarding the impairment to the
18 extent permitted by applicable federal statutes and
19 regulations safeguarding the confidentiality of medical
20 records.
21 Individuals licensed under this Act that are affected
22 under this Section, shall be afforded an opportunity to
23 demonstrate to the Department that they can resume practice in
24 compliance with acceptable and prevailing standards under the
25 provisions of their license.
26 (e) (Blank).
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1 (f) In cases where the Department of Healthcare and Family
2 Services has previously determined a licensee or a potential
3 licensee is more than 30 days delinquent in the payment of
4 child support and has subsequently certified the delinquency
5 to the Department, the Department may refuse to issue or renew
6 or may revoke or suspend that person's license or may take
7 other disciplinary action against that person based solely
8 upon the certification of delinquency made by the Department
9 of Healthcare and Family Services in accordance with paragraph
10 (5) of subsection (a) of Section 2105-15 of the Department of
11 Professional Regulation Law of the Civil Administrative Code
12 of Illinois.
13 (Source: P.A. 103-251, eff. 1-1-24.)
14 (225 ILCS 75/20.5 new)
15 Sec. 20.5. Use of artificial intelligence. The Department
16 may adopt rules to regulate the use of artificial intelligence
17 tools to provide mental health services by persons licensed
18 under this Act.
19 Section 25. The Professional Counselor and Clinical
20 Professional Counselor Licensing and Practice Act is amended
21 by changing Section 80 and by adding Section 175 as follows:
22 (225 ILCS 107/80)
23 (Section scheduled to be repealed on January 1, 2028)
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1 Sec. 80. Grounds for discipline.
2 (a) The Department may refuse to issue, renew, or may
3 revoke, suspend, place on probation, reprimand, or take other
4 disciplinary or non-disciplinary action as the Department
5 deems appropriate, including the issuance of fines not to
6 exceed $10,000 for each violation, with regard to any license
7 for any one or more of the following:
8 (1) Material misstatement in furnishing information to
9 the Department or to any other State agency.
10 (2) Violations or negligent or intentional disregard
11 of this Act or rules adopted under this Act.
12 (3) Conviction by plea of guilty or nolo contendere,
13 finding of guilt, jury verdict, or entry of judgment or by
14 sentencing of any crime, including, but not limited to,
15 convictions, preceding sentences of supervision,
16 conditional discharge, or first offender probation, under
17 the laws of any jurisdiction of the United States: (i)
18 that is a felony or (ii) that is a misdemeanor, an
19 essential element of which is dishonesty, or that is
20 directly related to the practice of the profession.
21 (4) Fraud or any misrepresentation in applying for or
22 procuring a license under this Act or in connection with
23 applying for renewal of a license under this Act.
24 (5) Professional incompetence or gross negligence in
25 the rendering of professional counseling or clinical
26 professional counseling services.
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1 (6) Malpractice.
2 (7) Aiding or assisting another person in violating
3 any provision of this Act or any rules.
4 (8) Failing to provide information within 60 days in
5 response to a written request made by the Department.
6 (9) Engaging in dishonorable, unethical, or
7 unprofessional conduct of a character likely to deceive,
8 defraud, or harm the public and violating the rules of
9 professional conduct adopted by the Department.
10 (10) Habitual or excessive use or abuse of drugs as
11 defined in law as controlled substances, alcohol, or any
12 other substance which results in inability to practice
13 with reasonable skill, judgment, or safety.
14 (11) Discipline by another jurisdiction, the District
15 of Columbia, territory, county, or governmental agency, if
16 at least one of the grounds for the discipline is the same
17 or substantially equivalent to those set forth in this
18 Section.
19 (12) Directly or indirectly giving to or receiving
20 from any person, firm, corporation, partnership, or
21 association any fee, commission, rebate or other form of
22 compensation for any professional service not actually
23 rendered. Nothing in this paragraph (12) affects any bona
24 fide independent contractor or employment arrangements
25 among health care professionals, health facilities, health
26 care providers, or other entities, except as otherwise
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1 prohibited by law. Any employment arrangements may include
2 provisions for compensation, health insurance, pension, or
3 other employment benefits for the provision of services
4 within the scope of the licensee's practice under this
5 Act. Nothing in this paragraph (12) shall be construed to
6 require an employment arrangement to receive professional
7 fees for services rendered.
8 (13) A finding by the Board that the licensee, after
9 having the license placed on probationary status, has
10 violated the terms of probation.
11 (14) Abandonment of a client.
12 (15) Willfully filing false reports relating to a
13 licensee's practice, including but not limited to false
14 records filed with federal or State agencies or
15 departments.
16 (16) Willfully failing to report an instance of
17 suspected child abuse or neglect as required by the Abused
18 and Neglected Child Reporting Act and in matters
19 pertaining to suspected abuse, neglect, financial
20 exploitation, or self-neglect of adults with disabilities
21 and older adults as set forth in the Adult Protective
22 Services Act.
23 (17) Being named as a perpetrator in an indicated
24 report by the Department of Children and Family Services
25 pursuant to the Abused and Neglected Child Reporting Act,
26 and upon proof by clear and convincing evidence that the
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1 licensee has caused a child to be an abused child or
2 neglected child as defined in the Abused and Neglected
3 Child Reporting Act.
4 (18) Physical or mental illness or disability,
5 including, but not limited to, deterioration through the
6 aging process or loss of abilities and skills which
7 results in the inability to practice the profession with
8 reasonable judgment, skill, or safety.
9 (19) Solicitation of professional services by using
10 false or misleading advertising.
11 (20) Allowing one's license under this Act to be used
12 by an unlicensed person in violation of this Act.
13 (21) A finding that licensure has been applied for or
14 obtained by fraudulent means.
15 (22) Practicing under a false or, except as provided
16 by law, an assumed name.
17 (23) Gross and willful overcharging for professional
18 services including filing statements for collection of
19 fees or monies for which services are not rendered.
20 (24) Rendering professional counseling or clinical
21 professional counseling services without a license or
22 practicing outside the scope of a license.
23 (25) Clinical supervisors failing to adequately and
24 responsibly monitor supervisees.
25 (26) Violating Section 2EEEE of the Consumer Fraud and
26 Deceptive Business Practices Act.
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1 All fines imposed under this Section shall be paid within
2 60 days after the effective date of the order imposing the
3 fine.
4 (b) (Blank).
5 (b-5) The Department may refuse to issue or may suspend
6 without hearing, as provided for in the Code of Civil
7 Procedure, the license of any person who fails to file a
8 return, pay the tax, penalty, or interest shown in a filed
9 return, or pay any final assessment of the tax, penalty, or
10 interest as required by any tax Act administered by the
11 Illinois Department of Revenue, until such time as the
12 requirements of any such tax Act are satisfied in accordance
13 with subsection (g) of Section 2105-15 of the Department of
14 Professional Regulation Law of the Civil Administrative Code
15 of Illinois.
16 (b-10) In cases where the Department of Healthcare and
17 Family Services has previously determined a licensee or a
18 potential licensee is more than 30 days delinquent in the
19 payment of child support and has subsequently certified the
20 delinquency to the Department, the Department may refuse to
21 issue or renew or may revoke or suspend that person's license
22 or may take other disciplinary action against that person
23 based solely upon the certification of delinquency made by the
24 Department of Healthcare and Family Services in accordance
25 with item (5) of subsection (a) of Section 2105-15 of the
26 Department of Professional Regulation Law of the Civil
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1 Administrative Code of Illinois.
2 (c) The determination by a court that a licensee is
3 subject to involuntary admission or judicial admission as
4 provided in the Mental Health and Developmental Disabilities
5 Code will result in an automatic suspension of his or her
6 license. The suspension will end upon a finding by a court that
7 the licensee is no longer subject to involuntary admission or
8 judicial admission, the issuance of an order so finding and
9 discharging the patient, and the recommendation of the Board
10 to the Secretary that the licensee be allowed to resume
11 professional practice.
12 (c-1) The Department shall not revoke, suspend, summarily
13 suspend, place on prohibition, reprimand, refuse to issue or
14 renew, or take any other disciplinary or non-disciplinary
15 action against the license or permit issued under this Act to
16 practice as a professional counselor or clinical professional
17 counselor based solely upon the professional counselor or
18 clinical professional counselor authorizing, recommending,
19 aiding, assisting, referring for, or otherwise participating
20 in any health care service, so long as the care was not
21 unlawful under the laws of this State, regardless of whether
22 the patient was a resident of this State or another state.
23 (c-2) The Department shall not revoke, suspend, summarily
24 suspend, place on prohibition, reprimand, refuse to issue or
25 renew, or take any other disciplinary or non-disciplinary
26 action against the license or permit issued under this Act to
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1 practice as a professional counselor or clinical professional
2 counselor based upon the professional counselor's or clinical
3 professional counselor's license being revoked or suspended,
4 or the professional counselor or clinical professional
5 counselor being otherwise disciplined by any other state, if
6 that revocation, suspension, or other form of discipline was
7 based solely on the professional counselor or clinical
8 professional counselor violating another state's laws
9 prohibiting the provision of, authorization of, recommendation
10 of, aiding or assisting in, referring for, or participation in
11 any health care service if that health care service as
12 provided would not have been unlawful under the laws of this
13 State and is consistent with the standards of conduct for a
14 professional counselor or clinical professional counselor
15 practicing in Illinois.
16 (c-3) The conduct specified in subsections (c-1) and (c-2)
17 shall not constitute grounds for suspension under Section 145.
18 (c-4) An applicant seeking licensure, certification, or
19 authorization pursuant to this Act who has been subject to
20 disciplinary action by a duly authorized professional
21 disciplinary agency of another jurisdiction solely on the
22 basis of having authorized, recommended, aided, assisted,
23 referred for, or otherwise participated in health care shall
24 not be denied such licensure, certification, or authorization,
25 unless the Department determines that such action would have
26 constituted professional misconduct in this State; however,
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1 nothing in this Section shall be construed as prohibiting the
2 Department from evaluating the conduct of such applicant and
3 making a determination regarding the licensure, certification,
4 or authorization to practice a profession under this Act.
5 (c-5) In enforcing this Act, the Department, upon a
6 showing of a possible violation, may compel an individual
7 licensed to practice under this Act, or who has applied for
8 licensure under this Act, to submit to a mental or physical
9 examination, or both, as required by and at the expense of the
10 Department. The Department may order the examining physician
11 to present testimony concerning the mental or physical
12 examination of the licensee or applicant. No information shall
13 be excluded by reason of any common law or statutory privilege
14 relating to communications between the licensee or applicant
15 and the examining physician. The examining physicians shall be
16 specifically designated by the Department. The individual to
17 be examined may have, at his or her own expense, another
18 physician of his or her choice present during all aspects of
19 this examination. The examination shall be performed by a
20 physician licensed to practice medicine in all its branches.
21 Failure of an individual to submit to a mental or physical
22 examination, when directed, shall result in an automatic
23 suspension without hearing.
24 All substance-related violations shall mandate an
25 automatic substance abuse assessment. Failure to submit to an
26 assessment by a licensed physician who is certified as an
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1 addictionist or an advanced practice registered nurse with
2 specialty certification in addictions may be grounds for an
3 automatic suspension.
4 If the Department finds an individual unable to practice
5 or unfit for duty because of the reasons set forth in this
6 subsection (c-5), the Department may require that individual
7 to submit to a substance abuse evaluation or treatment by
8 individuals or programs approved or designated by the
9 Department, as a condition, term, or restriction for
10 continued, restored, or renewed licensure to practice; or, in
11 lieu of evaluation or treatment, the Department may file, or
12 the Board may recommend to the Department to file, a complaint
13 to immediately suspend, revoke, or otherwise discipline the
14 license of the individual. An individual whose license was
15 granted, continued, restored, renewed, disciplined, or
16 supervised subject to such terms, conditions, or restrictions,
17 and who fails to comply with such terms, conditions, or
18 restrictions, shall be referred to the Secretary for a
19 determination as to whether the individual shall have his or
20 her license suspended immediately, pending a hearing by the
21 Department.
22 A person holding a license under this Act or who has
23 applied for a license under this Act who, because of a physical
24 or mental illness or disability, including, but not limited
25 to, deterioration through the aging process or loss of motor
26 skill, is unable to practice the profession with reasonable
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1 judgment, skill, or safety, may be required by the Department
2 to submit to care, counseling, or treatment by physicians
3 approved or designated by the Department as a condition, term,
4 or restriction for continued, reinstated, or renewed licensure
5 to practice. Submission to care, counseling, or treatment as
6 required by the Department shall not be considered discipline
7 of a license. If the licensee refuses to enter into a care,
8 counseling, or treatment agreement or fails to abide by the
9 terms of the agreement, the Department may file a complaint to
10 revoke, suspend, or otherwise discipline the license of the
11 individual. The Secretary may order the license suspended
12 immediately, pending a hearing by the Department. Fines shall
13 not be assessed in disciplinary actions involving physical or
14 mental illness or impairment.
15 In instances in which the Secretary immediately suspends a
16 person's license under this Section, a hearing on that
17 person's license must be convened by the Department within 15
18 days after the suspension and completed without appreciable
19 delay. The Department shall have the authority to review the
20 subject individual's record of treatment and counseling
21 regarding the impairment to the extent permitted by applicable
22 federal statutes and regulations safeguarding the
23 confidentiality of medical records.
24 An individual licensed under this Act and affected under
25 this Section shall be afforded an opportunity to demonstrate
26 to the Department that he or she can resume practice in
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1 compliance with acceptable and prevailing standards under the
2 provisions of his or her license.
3 (d) (Blank).
4 (e) The Department may adopt rules to implement the
5 changes made by this amendatory Act of the 102nd General
6 Assembly.
7 (Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.)
8 (225 ILCS 107/175 new)
9 Sec. 175. Use of artificial intelligence. The Department
10 may adopt rules to regulate the use of artificial intelligence
11 tools to provide mental health services by persons licensed
12 under this Act.
13 Section 30. The Consumer Fraud and Deceptive Business
14 Practices Act is amended by adding Section 2EEEE as follows:
15 (815 ILCS 505/2EEEE new)
16 Sec. 2EEEE. Use of artificial intelligence in mental
17 health services.
18 (a) As used in this Section:
19 "Artificial intelligence" means any technology that can
20 simulate human intelligence, including, but not limited to,
21 natural language processing, training language models, and
22 reinforcement learning from human feedback and machine
23 learning systems.
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