Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2660 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0757
2	1		SB2660 EnrolledLRB103 35933 SPS 66020 b SB2660 Enrolled LRB103 35933 SPS 66020 b
3	2		SB2660 Enrolled LRB103 35933 SPS 66020 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Massage Licensing Act is amended by
8		-	changing Section 45 as follows:
9		-	(225 ILCS 57/45)
10		-	(Section scheduled to be repealed on January 1, 2027)
11		-	Sec. 45. Grounds for discipline.
12		-	(a) The Department may refuse to issue or renew, or may
13		-	revoke, suspend, place on probation, reprimand, or take other
14		-	disciplinary or non-disciplinary action, as the Department
15		-	considers appropriate, including the imposition of fines not
16		-	to exceed $10,000 for each violation, with regard to any
17		-	license or licensee for any one or more of the following:
18		-	(1) violations of this Act or of the rules adopted
19		-	under this Act;
20		-	(2) conviction by plea of guilty or nolo contendere,
21		-	finding of guilt, jury verdict, or entry of judgment or by
22		-	sentencing of any crime, including, but not limited to,
23		-	convictions, preceding sentences of supervision,
24		-	conditional discharge, or first offender probation, under
25		-	the laws of any jurisdiction of the United States: (i)
26		-	that is a felony; or (ii) that is a misdemeanor, an
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Massage Licensing Act is amended by
	7	+	5 changing Section 45 as follows:
	8	+	6 (225 ILCS 57/45)
	9	+	7 (Section scheduled to be repealed on January 1, 2027)
	10	+	8 Sec. 45. Grounds for discipline.
	11	+	9 (a) The Department may refuse to issue or renew, or may
	12	+	10 revoke, suspend, place on probation, reprimand, or take other
	13	+	11 disciplinary or non-disciplinary action, as the Department
	14	+	12 considers appropriate, including the imposition of fines not
	15	+	13 to exceed $10,000 for each violation, with regard to any
	16	+	14 license or licensee for any one or more of the following:
	17	+	15 (1) violations of this Act or of the rules adopted
	18	+	16 under this Act;
	19	+	17 (2) conviction by plea of guilty or nolo contendere,
	20	+	18 finding of guilt, jury verdict, or entry of judgment or by
	21	+	19 sentencing of any crime, including, but not limited to,
	22	+	20 convictions, preceding sentences of supervision,
	23	+	21 conditional discharge, or first offender probation, under
	24	+	22 the laws of any jurisdiction of the United States: (i)
	25	+	23 that is a felony; or (ii) that is a misdemeanor, an
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33		-	essential element of which is dishonesty, or that is
34		-	directly related to the practice of the profession;
35		-	(3) professional incompetence;
36		-	(4) advertising in a false, deceptive, or misleading
37		-	manner, including failing to use the massage therapist's
38		-	own license number in an advertisement;
39		-	(5) aiding, abetting, assisting, procuring, advising,
40		-	employing, or contracting with any unlicensed person to
41		-	practice massage contrary to any rules or provisions of
42		-	this Act;
43		-	(6) engaging in immoral conduct in the commission of
44		-	any act, such as sexual abuse, sexual misconduct, or
45		-	sexual exploitation, related to the licensee's practice;
46		-	(7) engaging in dishonorable, unethical, or
47		-	unprofessional conduct of a character likely to deceive,
48		-	defraud, or harm the public;
49		-	(8) practicing or offering to practice beyond the
50		-	scope permitted by law or accepting and performing
51		-	professional responsibilities which the licensee knows or
52		-	has reason to know that he or she is not competent to
53		-	perform;
54		-	(9) knowingly delegating professional
55		-	responsibilities to a person unqualified by training,
56		-	experience, or licensure to perform;
57		-	(10) failing to provide information in response to a
58		-	written request made by the Department within 60 days;
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	33	+	SB2660 Enrolled - 2 - LRB103 35933 SPS 66020 b
	34	+	1 essential element of which is dishonesty, or that is
	35	+	2 directly related to the practice of the profession;
	36	+	3 (3) professional incompetence;
	37	+	4 (4) advertising in a false, deceptive, or misleading
	38	+	5 manner, including failing to use the massage therapist's
	39	+	6 own license number in an advertisement;
	40	+	7 (5) aiding, abetting, assisting, procuring, advising,
	41	+	8 employing, or contracting with any unlicensed person to
	42	+	9 practice massage contrary to any rules or provisions of
	43	+	10 this Act;
	44	+	11 (6) engaging in immoral conduct in the commission of
	45	+	12 any act, such as sexual abuse, sexual misconduct, or
	46	+	13 sexual exploitation, related to the licensee's practice;
	47	+	14 (7) engaging in dishonorable, unethical, or
	48	+	15 unprofessional conduct of a character likely to deceive,
	49	+	16 defraud, or harm the public;
	50	+	17 (8) practicing or offering to practice beyond the
	51	+	18 scope permitted by law or accepting and performing
	52	+	19 professional responsibilities which the licensee knows or
	53	+	20 has reason to know that he or she is not competent to
	54	+	21 perform;
	55	+	22 (9) knowingly delegating professional
	56	+	23 responsibilities to a person unqualified by training,
	57	+	24 experience, or licensure to perform;
	58	+	25 (10) failing to provide information in response to a
	59	+	26 written request made by the Department within 60 days;
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61		-	(11) having a habitual or excessive use of or
62		-	addiction to alcohol, narcotics, stimulants, or any other
63		-	chemical agent or drug which results in the inability to
64		-	practice with reasonable judgment, skill, or safety;
65		-	(12) having a pattern of practice or other behavior
66		-	that demonstrates incapacity or incompetence to practice
67		-	under this Act;
68		-	(13) discipline by another state, District of
69		-	Columbia, territory, or foreign nation, if at least one of
70		-	the grounds for the discipline is the same or
71		-	substantially equivalent to those set forth in this
72		-	Section;
73		-	(14) a finding by the Department that the licensee,
74		-	after having his or her license placed on probationary
75		-	status, has violated the terms of probation;
76		-	(15) willfully making or filing false records or
77		-	reports in his or her practice, including, but not limited
78		-	to, false records filed with State agencies or
79		-	departments;
80		-	(16) making a material misstatement in furnishing
81		-	information to the Department or otherwise making
82		-	misleading, deceptive, untrue, or fraudulent
83		-	representations in violation of this Act or otherwise in
84		-	the practice of the profession;
85		-	(17) fraud or misrepresentation in applying for or
86		-	procuring a license under this Act or in connection with
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89		-	applying for renewal of a license under this Act;
90		-	(18) inability to practice the profession with
91		-	reasonable judgment, skill, or safety as a result of
92		-	physical illness, including, but not limited to,
93		-	deterioration through the aging process, loss of motor
94		-	skill, or a mental illness or disability;
95		-	(19) charging for professional services not rendered,
96		-	including filing false statements for the collection of
97		-	fees for which services are not rendered;
98		-	(20) practicing under a false or, except as provided
99		-	by law, an assumed name; or
100		-	(21) cheating on or attempting to subvert the
101		-	licensing examination administered under this Act.
102		-	All fines shall be paid within 60 days of the effective
103		-	date of the order imposing the fine.
104		-	(b) A person not licensed under this Act and engaged in the
105		-	business of offering massage therapy services through others,
106		-	shall not aid, abet, assist, procure, advise, employ, or
107		-	contract with any unlicensed person to practice massage
108		-	therapy contrary to any rules or provisions of this Act. A
109		-	person violating this subsection (b) shall be treated as a
110		-	licensee for the purposes of disciplinary action under this
111		-	Section and shall be subject to cease and desist orders as
112		-	provided in Section 90 of this Act.
113		-	(c) The Department shall revoke any license issued under
114		-	this Act of any person who is convicted of prostitution, rape,
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117		-	sexual misconduct, or any crime that subjects the licensee to
118		-	compliance with the requirements of the Sex Offender
119		-	Registration Act and any such conviction shall operate as a
120		-	permanent bar in the State of Illinois to practice as a massage
121		-	therapist.
122		-	(c-5) A prosecuting attorney shall provide notice to the
123		-	Department of the licensed massage therapist's name, address,
124		-	practice address, and license number and a copy of the
125		-	criminal charges filed immediately after a licensed massage
126		-	therapist has been charged with any of the following offenses:
127		-	(1) an offense for which the sentence includes
128		-	registration as a sex offender;
129		-	(2) involuntary sexual servitude of a minor;
130		-	(3) the crime of battery against a patient, including
131		-	any offense based on sexual conduct or sexual penetration,
132		-	in the course of patient care or treatment; or
133		-	(4) a forcible felony.
134		-	If the victim of the crime the licensee has been charged
135		-	with is a patient of the licensee, the prosecuting attorney
136		-	shall also provide notice to the Department of the patient's
137		-	name.
138		-	Within 5 business days after receiving notice from the
139		-	prosecuting attorney of the filing of criminal charges against
140		-	the licensed massage therapist, the Secretary shall issue an
141		-	administrative order that the licensed massage therapist shall
142		-	practice only with a chaperone during all patient encounters
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	70	+	1 (11) having a habitual or excessive use of or
	71	+	2 addiction to alcohol, narcotics, stimulants, or any other
	72	+	3 chemical agent or drug which results in the inability to
	73	+	4 practice with reasonable judgment, skill, or safety;
	74	+	5 (12) having a pattern of practice or other behavior
	75	+	6 that demonstrates incapacity or incompetence to practice
	76	+	7 under this Act;
	77	+	8 (13) discipline by another state, District of
	78	+	9 Columbia, territory, or foreign nation, if at least one of
	79	+	10 the grounds for the discipline is the same or
	80	+	11 substantially equivalent to those set forth in this
	81	+	12 Section;
	82	+	13 (14) a finding by the Department that the licensee,
	83	+	14 after having his or her license placed on probationary
	84	+	15 status, has violated the terms of probation;
	85	+	16 (15) willfully making or filing false records or
	86	+	17 reports in his or her practice, including, but not limited
	87	+	18 to, false records filed with State agencies or
	88	+	19 departments;
	89	+	20 (16) making a material misstatement in furnishing
	90	+	21 information to the Department or otherwise making
	91	+	22 misleading, deceptive, untrue, or fraudulent
	92	+	23 representations in violation of this Act or otherwise in
	93	+	24 the practice of the profession;
	94	+	25 (17) fraud or misrepresentation in applying for or
	95	+	26 procuring a license under this Act or in connection with
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145		-	pending the outcome of the criminal proceedings. The chaperone
146		-	shall be a licensed massage therapist or other health care
147		-	worker licensed by the Department. The administrative order
148		-	shall specify any other terms or conditions deemed appropriate
149		-	by the Secretary. The chaperone shall provide written notice
150		-	to all of the licensed massage therapist's patients explaining
151		-	the Department's order to use a chaperone. Each patient shall
152		-	sign an acknowledgment that they received the notice. The
153		-	notice to the patient of criminal charges shall include, in
154		-	14-point font, the following statement: "The massage therapist
155		-	is presumed innocent until proven guilty of the charges.".
156		-	The licensed massage therapist shall provide a written
157		-	plan of compliance with the administrative order that is
158		-	acceptable to the Department within 5 business days after
159		-	receipt of the administrative order. Failure to comply with
160		-	the administrative order, failure to file a compliance plan,
161		-	or failure to follow the compliance plan shall subject the
162		-	licensed massage therapist to temporary suspension of his or
163		-	her license until the completion of the criminal proceedings.
164		-	If the licensee is not convicted of the charge or if any
165		-	conviction is later overturned by a reviewing court, the
166		-	administrative order shall be vacated and removed from the
167		-	licensee's record.
168		-	The Department may adopt rules to implement this
169		-	subsection.
170		-	(d) The Department may refuse to issue or may suspend the
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173		-	license of any person who fails to file a tax return, to pay
174		-	the tax, penalty, or interest shown in a filed tax return, or
175		-	to pay any final assessment of tax, penalty, or interest, as
176		-	required by any tax Act administered by the Illinois
177		-	Department of Revenue, until such time as the requirements of
178		-	the tax Act are satisfied in accordance with subsection (g) of
179		-	Section 2105-15 of the Civil Administrative Code of Illinois.
180		-	(e) (Blank).
181		-	(f) In cases where the Department of Healthcare and Family
182		-	Services has previously determined that a licensee or a
183		-	potential licensee is more than 30 days delinquent in the
184		-	payment of child support and has subsequently certified the
185		-	delinquency to the Department, the Department may refuse to
186		-	issue or renew or may revoke or suspend that person's license
187		-	or may take other disciplinary action against that person
188		-	based solely upon the certification of delinquency made by the
189		-	Department of Healthcare and Family Services in accordance
190		-	with item (5) of subsection (a) of Section 2105-15 of the Civil
191		-	Administrative Code of Illinois.
192		-	(g) The determination by a circuit court that a licensee
193		-	is subject to involuntary admission or judicial admission, as
194		-	provided in the Mental Health and Developmental Disabilities
195		-	Code, operates as an automatic suspension. The suspension will
196		-	end only upon a finding by a court that the patient is no
197		-	longer subject to involuntary admission or judicial admission
198		-	and the issuance of a court order so finding and discharging
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201		-	the patient.
202		-	(h) In enforcing this Act, the Department or Board, upon a
203		-	showing of a possible violation, may compel an individual
204		-	licensed to practice under this Act, or who has applied for
205		-	licensure under this Act, to submit to a mental or physical
206		-	examination, or both, as required by and at the expense of the
207		-	Department. The Department or Board may order the examining
208		-	physician to present testimony concerning the mental or
209		-	physical examination of the licensee or applicant. No
210		-	information shall be excluded by reason of any common law or
211		-	statutory privilege relating to communications between the
212		-	licensee or applicant and the examining physician. The
213		-	examining physicians shall be specifically designated by the
214		-	Board or Department. The individual to be examined may have,
215		-	at his or her own expense, another physician of his or her
216		-	choice present during all aspects of this examination. The
217		-	examination shall be performed by a physician licensed to
218		-	practice medicine in all its branches. Failure of an
219		-	individual to submit to a mental or physical examination, when
220		-	directed, shall result in an automatic suspension without
221		-	hearing.
222		-	A person holding a license under this Act or who has
223		-	applied for a license under this Act who, because of a physical
224		-	or mental illness or disability, including, but not limited
225		-	to, deterioration through the aging process or loss of motor
226		-	skill, is unable to practice the profession with reasonable
	104	+	SB2660 Enrolled- 4 -LRB103 35933 SPS 66020 b SB2660 Enrolled - 4 - LRB103 35933 SPS 66020 b
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	106	+	1 applying for renewal of a license under this Act;
	107	+	2 (18) inability to practice the profession with
	108	+	3 reasonable judgment, skill, or safety as a result of
	109	+	4 physical illness, including, but not limited to,
	110	+	5 deterioration through the aging process, loss of motor
	111	+	6 skill, or a mental illness or disability;
	112	+	7 (19) charging for professional services not rendered,
	113	+	8 including filing false statements for the collection of
	114	+	9 fees for which services are not rendered;
	115	+	10 (20) practicing under a false or, except as provided
	116	+	11 by law, an assumed name; or
	117	+	12 (21) cheating on or attempting to subvert the
	118	+	13 licensing examination administered under this Act.
	119	+	14 All fines shall be paid within 60 days of the effective
	120	+	15 date of the order imposing the fine.
	121	+	16 (b) A person not licensed under this Act and engaged in the
	122	+	17 business of offering massage therapy services through others,
	123	+	18 shall not aid, abet, assist, procure, advise, employ, or
	124	+	19 contract with any unlicensed person to practice massage
	125	+	20 therapy contrary to any rules or provisions of this Act. A
	126	+	21 person violating this subsection (b) shall be treated as a
	127	+	22 licensee for the purposes of disciplinary action under this
	128	+	23 Section and shall be subject to cease and desist orders as
	129	+	24 provided in Section 90 of this Act.
	130	+	25 (c) The Department shall revoke any license issued under
	131	+	26 this Act of any person who is convicted of prostitution, rape,
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228	133
229		-	judgment, skill, or safety, may be required by the Department
230		-	to submit to care, counseling, or treatment by physicians
231		-	approved or designated by the Department as a condition, term,
232		-	or restriction for continued, reinstated, or renewed licensure
233		-	to practice. Submission to care, counseling, or treatment as
234		-	required by the Department shall not be considered discipline
235		-	of a license. If the licensee refuses to enter into a care,
236		-	counseling, or treatment agreement or fails to abide by the
237		-	terms of the agreement, the Department may file a complaint to
238		-	revoke, suspend, or otherwise discipline the license of the
239		-	individual. The Secretary may order the license suspended
240		-	immediately, pending a hearing by the Department. Fines shall
241		-	not be assessed in disciplinary actions involving physical or
242		-	mental illness or impairment.
243		-	In instances in which the Secretary immediately suspends a
244		-	person's license under this Section, a hearing on that
245		-	person's license must be convened by the Department within 15
246		-	days after the suspension and completed without appreciable
247		-	delay. The Department and Board shall have the authority to
248		-	review the subject individual's record of treatment and
249		-	counseling regarding the impairment to the extent permitted by
250		-	applicable federal statutes and regulations safeguarding the
251		-	confidentiality of medical records.
252		-	An individual licensed under this Act and affected under
253		-	this Section shall be afforded an opportunity to demonstrate
254		-	to the Department or Board that he or she can resume practice
255	134
256	135
257		-	in compliance with acceptable and prevailing standards under
258		-	the provisions of his or her license.
259		-	(Source: P.A. 102-20, eff. 1-1-22.)
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	142	+	1 sexual misconduct, or any crime that subjects the licensee to
	143	+	2 compliance with the requirements of the Sex Offender
	144	+	3 Registration Act and any such conviction shall operate as a
	145	+	4 permanent bar in the State of Illinois to practice as a massage
	146	+	5 therapist.
	147	+	6 (c-5) A prosecuting attorney shall provide notice to the
	148	+	7 Department of the licensed massage therapist's name, address,
	149	+	8 practice address, and license number and a copy of the
	150	+	9 criminal charges filed immediately after a licensed massage
	151	+	10 therapist has been charged with any of the following offenses:
	152	+	11 (1) an offense for which the sentence includes
	153	+	12 registration as a sex offender;
	154	+	13 (2) involuntary sexual servitude of a minor;
	155	+	14 (3) the crime of battery against a patient, including
	156	+	15 any offense based on sexual conduct or sexual penetration,
	157	+	16 in the course of patient care or treatment; or
	158	+	17 (4) a forcible felony.
	159	+	18 If the victim of the crime the licensee has been charged
	160	+	19 with is a patient of the licensee, the prosecuting attorney
	161	+	20 shall also provide notice to the Department of the patient's
	162	+	21 name.
	163	+	22 Within 5 business days after receiving notice from the
	164	+	23 prosecuting attorney of the filing of criminal charges against
	165	+	24 the licensed massage therapist, the Secretary shall issue an
	166	+	25 administrative order that the licensed massage therapist shall
	167	+	26 practice only with a chaperone during all patient encounters
	168	+
	169	+
	170	+
	171	+
	172	+
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	178	+	1 pending the outcome of the criminal proceedings. The chaperone
	179	+	2 shall be a licensed massage therapist or other health care
	180	+	3 worker licensed by the Department. The administrative order
	181	+	4 shall specify any other terms or conditions deemed appropriate
	182	+	5 by the Secretary. The chaperone shall provide written notice
	183	+	6 to all of the licensed massage therapist's patients explaining
	184	+	7 the Department's order to use a chaperone. Each patient shall
	185	+	8 sign an acknowledgment that they received the notice. The
	186	+	9 notice to the patient of criminal charges shall include, in
	187	+	10 14-point font, the following statement: "The massage therapist
	188	+	11 is presumed innocent until proven guilty of the charges.".
	189	+	12 The licensed massage therapist shall provide a written
	190	+	13 plan of compliance with the administrative order that is
	191	+	14 acceptable to the Department within 5 business days after
	192	+	15 receipt of the administrative order. Failure to comply with
	193	+	16 the administrative order, failure to file a compliance plan,
	194	+	17 or failure to follow the compliance plan shall subject the
	195	+	18 licensed massage therapist to temporary suspension of his or
	196	+	19 her license until the completion of the criminal proceedings.
	197	+	20 If the licensee is not convicted of the charge or if any
	198	+	21 conviction is later overturned by a reviewing court, the
	199	+	22 administrative order shall be vacated and removed from the
	200	+	23 licensee's record.
	201	+	24 The Department may adopt rules to implement this
	202	+	25 subsection.
	203	+	26 (d) The Department may refuse to issue or may suspend the
	204	+
	205	+
	206	+
	207	+
	208	+
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	214	+	1 license of any person who fails to file a tax return, to pay
	215	+	2 the tax, penalty, or interest shown in a filed tax return, or
	216	+	3 to pay any final assessment of tax, penalty, or interest, as
	217	+	4 required by any tax Act administered by the Illinois
	218	+	5 Department of Revenue, until such time as the requirements of
	219	+	6 the tax Act are satisfied in accordance with subsection (g) of
	220	+	7 Section 2105-15 of the Civil Administrative Code of Illinois.
	221	+	8 (e) (Blank).
	222	+	9 (f) In cases where the Department of Healthcare and Family
	223	+	10 Services has previously determined that a licensee or a
	224	+	11 potential licensee is more than 30 days delinquent in the
	225	+	12 payment of child support and has subsequently certified the
	226	+	13 delinquency to the Department, the Department may refuse to
	227	+	14 issue or renew or may revoke or suspend that person's license
	228	+	15 or may take other disciplinary action against that person
	229	+	16 based solely upon the certification of delinquency made by the
	230	+	17 Department of Healthcare and Family Services in accordance
	231	+	18 with item (5) of subsection (a) of Section 2105-15 of the Civil
	232	+	19 Administrative Code of Illinois.
	233	+	20 (g) The determination by a circuit court that a licensee
	234	+	21 is subject to involuntary admission or judicial admission, as
	235	+	22 provided in the Mental Health and Developmental Disabilities
	236	+	23 Code, operates as an automatic suspension. The suspension will
	237	+	24 end only upon a finding by a court that the patient is no
	238	+	25 longer subject to involuntary admission or judicial admission
	239	+	26 and the issuance of a court order so finding and discharging
	240	+
	241	+
	242	+
	243	+
	244	+
	245	+	SB2660 Enrolled - 7 - LRB103 35933 SPS 66020 b
	246	+
	247	+
	248	+	SB2660 Enrolled- 8 -LRB103 35933 SPS 66020 b SB2660 Enrolled - 8 - LRB103 35933 SPS 66020 b
	249	+	SB2660 Enrolled - 8 - LRB103 35933 SPS 66020 b
	250	+	1 the patient.
	251	+	2 (h) In enforcing this Act, the Department or Board, upon a
	252	+	3 showing of a possible violation, may compel an individual
	253	+	4 licensed to practice under this Act, or who has applied for
	254	+	5 licensure under this Act, to submit to a mental or physical
	255	+	6 examination, or both, as required by and at the expense of the
	256	+	7 Department. The Department or Board may order the examining
	257	+	8 physician to present testimony concerning the mental or
	258	+	9 physical examination of the licensee or applicant. No
	259	+	10 information shall be excluded by reason of any common law or
	260	+	11 statutory privilege relating to communications between the
	261	+	12 licensee or applicant and the examining physician. The
	262	+	13 examining physicians shall be specifically designated by the
	263	+	14 Board or Department. The individual to be examined may have,
	264	+	15 at his or her own expense, another physician of his or her
	265	+	16 choice present during all aspects of this examination. The
	266	+	17 examination shall be performed by a physician licensed to
	267	+	18 practice medicine in all its branches. Failure of an
	268	+	19 individual to submit to a mental or physical examination, when
	269	+	20 directed, shall result in an automatic suspension without
	270	+	21 hearing.
	271	+	22 A person holding a license under this Act or who has
	272	+	23 applied for a license under this Act who, because of a physical
	273	+	24 or mental illness or disability, including, but not limited
	274	+	25 to, deterioration through the aging process or loss of motor
	275	+	26 skill, is unable to practice the profession with reasonable
	276	+
	277	+
	278	+
	279	+
	280	+
	281	+	SB2660 Enrolled - 8 - LRB103 35933 SPS 66020 b
	282	+
	283	+
	284	+	SB2660 Enrolled- 9 -LRB103 35933 SPS 66020 b SB2660 Enrolled - 9 - LRB103 35933 SPS 66020 b
	285	+	SB2660 Enrolled - 9 - LRB103 35933 SPS 66020 b
	286	+	1 judgment, skill, or safety, may be required by the Department
	287	+	2 to submit to care, counseling, or treatment by physicians
	288	+	3 approved or designated by the Department as a condition, term,
	289	+	4 or restriction for continued, reinstated, or renewed licensure
	290	+	5 to practice. Submission to care, counseling, or treatment as
	291	+	6 required by the Department shall not be considered discipline
	292	+	7 of a license. If the licensee refuses to enter into a care,
	293	+	8 counseling, or treatment agreement or fails to abide by the
	294	+	9 terms of the agreement, the Department may file a complaint to
	295	+	10 revoke, suspend, or otherwise discipline the license of the
	296	+	11 individual. The Secretary may order the license suspended
	297	+	12 immediately, pending a hearing by the Department. Fines shall
	298	+	13 not be assessed in disciplinary actions involving physical or
	299	+	14 mental illness or impairment.
	300	+	15 In instances in which the Secretary immediately suspends a
	301	+	16 person's license under this Section, a hearing on that
	302	+	17 person's license must be convened by the Department within 15
	303	+	18 days after the suspension and completed without appreciable
	304	+	19 delay. The Department and Board shall have the authority to
	305	+	20 review the subject individual's record of treatment and
	306	+	21 counseling regarding the impairment to the extent permitted by
	307	+	22 applicable federal statutes and regulations safeguarding the
	308	+	23 confidentiality of medical records.
	309	+	24 An individual licensed under this Act and affected under
	310	+	25 this Section shall be afforded an opportunity to demonstrate
	311	+	26 to the Department or Board that he or she can resume practice
	312	+
	313	+
	314	+
	315	+
	316	+
	317	+	SB2660 Enrolled - 9 - LRB103 35933 SPS 66020 b
	318	+
	319	+
	320	+	SB2660 Enrolled- 10 -LRB103 35933 SPS 66020 b SB2660 Enrolled - 10 - LRB103 35933 SPS 66020 b
	321	+	SB2660 Enrolled - 10 - LRB103 35933 SPS 66020 b
	322	+	1 in compliance with acceptable and prevailing standards under
	323	+	2 the provisions of his or her license.
	324	+	3 (Source: P.A. 102-20, eff. 1-1-22.)
	325	+
	326	+
	327	+
	328	+
	329	+
	330	+	SB2660 Enrolled - 10 - LRB103 35933 SPS 66020 b