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Illinois House Bill HB1214

Illinois 2025-2026 Regular Session

Illinois House Bill HB1214 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1214 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.65 new210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f210 ILCS 85/7 from Ch. 111 1/2, par. 148225 ILCS 60/67 new Amends the Medical Practice Act of 1987. Provides that sex-reassignment procedures are prohibited for patients younger than 18 years of age. Provides that if sex-reassignment procedures are administered or performed on patients 18 years of age or older, consent must be provided as specified. Provides that the Department of Financial and Professional Regulation shall revoke the license of any physician who willfully or actively violates the prohibition on sex-reassignment procedures for patients younger than 18 years of age. Amends the Hospital Licensing Act and the Ambulatory Surgical Treatment Center Act. Adds a failure to comply with the provisions as grounds for fines, license denial, license suspension or revocation, or refusal to renew a hospital or facility's license. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. LRB104 05053 BAB 15081 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1214 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.65 new210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f210 ILCS 85/7 from Ch. 111 1/2, par. 148225 ILCS 60/67 new 5 ILCS 100/5-45.65 new 210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f 210 ILCS 85/7 from Ch. 111 1/2, par. 148 225 ILCS 60/67 new Amends the Medical Practice Act of 1987. Provides that sex-reassignment procedures are prohibited for patients younger than 18 years of age. Provides that if sex-reassignment procedures are administered or performed on patients 18 years of age or older, consent must be provided as specified. Provides that the Department of Financial and Professional Regulation shall revoke the license of any physician who willfully or actively violates the prohibition on sex-reassignment procedures for patients younger than 18 years of age. Amends the Hospital Licensing Act and the Ambulatory Surgical Treatment Center Act. Adds a failure to comply with the provisions as grounds for fines, license denial, license suspension or revocation, or refusal to renew a hospital or facility's license. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. LRB104 05053 BAB 15081 b LRB104 05053 BAB 15081 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1214 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
33 5 ILCS 100/5-45.65 new210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f210 ILCS 85/7 from Ch. 111 1/2, par. 148225 ILCS 60/67 new 5 ILCS 100/5-45.65 new 210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f 210 ILCS 85/7 from Ch. 111 1/2, par. 148 225 ILCS 60/67 new
44 5 ILCS 100/5-45.65 new
55 210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f
66 210 ILCS 85/7 from Ch. 111 1/2, par. 148
77 225 ILCS 60/67 new
88 Amends the Medical Practice Act of 1987. Provides that sex-reassignment procedures are prohibited for patients younger than 18 years of age. Provides that if sex-reassignment procedures are administered or performed on patients 18 years of age or older, consent must be provided as specified. Provides that the Department of Financial and Professional Regulation shall revoke the license of any physician who willfully or actively violates the prohibition on sex-reassignment procedures for patients younger than 18 years of age. Amends the Hospital Licensing Act and the Ambulatory Surgical Treatment Center Act. Adds a failure to comply with the provisions as grounds for fines, license denial, license suspension or revocation, or refusal to renew a hospital or facility's license. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking.
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1414 1 AN ACT concerning regulation.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Illinois Administrative Procedure Act is
1818 5 amended by adding Section 5-45.65 as follows:
1919 6 (5 ILCS 100/5-45.65 new)
2020 7 Sec. 5-45.65. Emergency rulemaking; Department of
2121 8 Financial and Professional Regulation. To provide for the
2222 9 expeditious and timely implementation of this amendatory Act
2323 10 of the 104th General Assembly, emergency rules implementing
2424 11 Section 67 of the Medical Practice Act of 1987 may be adopted
2525 12 in accordance with Section 5-45 by the Department of Financial
2626 13 and Professional Regulation and the Department of Public
2727 14 Health. The adoption of emergency rules authorized by Section
2828 15 5-45 and this Section is deemed to be necessary for the public
2929 16 interest, safety, and welfare.
3030 17 This Section is repealed one year after the effective date
3131 18 of this amendatory Act of the 104th General Assembly.
3232 19 Section 10. The Ambulatory Surgical Treatment Center Act
3333 20 is amended by changing Section 10f as follows:
3434 21 (210 ILCS 5/10f) (from Ch. 111 1/2, par. 157-8.10f)
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1214 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3939 5 ILCS 100/5-45.65 new210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f210 ILCS 85/7 from Ch. 111 1/2, par. 148225 ILCS 60/67 new 5 ILCS 100/5-45.65 new 210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f 210 ILCS 85/7 from Ch. 111 1/2, par. 148 225 ILCS 60/67 new
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4141 210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f
4242 210 ILCS 85/7 from Ch. 111 1/2, par. 148
4343 225 ILCS 60/67 new
4444 Amends the Medical Practice Act of 1987. Provides that sex-reassignment procedures are prohibited for patients younger than 18 years of age. Provides that if sex-reassignment procedures are administered or performed on patients 18 years of age or older, consent must be provided as specified. Provides that the Department of Financial and Professional Regulation shall revoke the license of any physician who willfully or actively violates the prohibition on sex-reassignment procedures for patients younger than 18 years of age. Amends the Hospital Licensing Act and the Ambulatory Surgical Treatment Center Act. Adds a failure to comply with the provisions as grounds for fines, license denial, license suspension or revocation, or refusal to renew a hospital or facility's license. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking.
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5656 225 ILCS 60/67 new
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7575 1 Sec. 10f. Denial, suspension, revocation or refusal to
7676 2 renew a license; suspension of a service.
7777 3 (a) When the Director determines that there is or has been
7878 4 a substantial or continued failure to comply with this Act or
7979 5 any rule promulgated hereunder, or Section 67 of the Medical
8080 6 Practice Act of 1987, the Department may issue an order of
8181 7 license denial, suspension or revocation, or refusal to renew
8282 8 a license, in accordance with subsection (a) of Section 10g of
8383 9 this Act.
8484 10 (b) When the Director determines that a facility has
8585 11 failed to demonstrate the capacity to safely provide one or
8686 12 more of its services to patients, the Department may issue an
8787 13 order of service suspension in accordance with subsection (a)
8888 14 of Section 10g of this Act.
8989 15 (c) If, however, the Department finds that the public
9090 16 interest, health, safety, or welfare imperatively requires
9191 17 emergency action, and if the Director incorporates a finding
9292 18 to that effect in the order, summary suspension of a service or
9393 19 a license to open, conduct, operate, and maintain an
9494 20 ambulatory surgical treatment center or any part thereof may
9595 21 be ordered pending proceedings for license revocation or other
9696 22 action, which shall be promptly instituted and determined.
9797 23 (Source: P.A. 86-1292.)
9898 24 Section 15. The Hospital Licensing Act is amended by
9999 25 changing Section 7 as follows:
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110110 1 (210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
111111 2 Sec. 7. (a) The Director after notice and opportunity for
112112 3 hearing to the applicant or licensee may deny, suspend, or
113113 4 revoke a permit to establish a hospital or deny, suspend, or
114114 5 revoke a license to open, conduct, operate, and maintain a
115115 6 hospital in any case in which he finds that there has been a
116116 7 substantial failure to comply with the provisions of this Act,
117117 8 the Hospital Report Card Act, or the Illinois Adverse Health
118118 9 Care Events Reporting Law of 2005, or Section 67 of the Medical
119119 10 Practice Act of 1987 or the standards, rules, and regulations
120120 11 established by virtue of any of those Acts. The Department may
121121 12 impose fines on hospitals, not to exceed $500 per occurrence,
122122 13 for failing to (1) initiate a criminal background check on a
123123 14 patient that meets the criteria for hospital-initiated
124124 15 background checks or (2) report the death of a person known to
125125 16 be a resident of a facility licensed under the ID/DD Community
126126 17 Care Act or the MC/DD Act to the coroner or medical examiner
127127 18 within 24 hours as required by Section 6.09a of this Act. In
128128 19 assessing whether to impose such a fine for failure to
129129 20 initiate a criminal background check, the Department shall
130130 21 consider various factors including, but not limited to,
131131 22 whether the hospital has engaged in a pattern or practice of
132132 23 failing to initiate criminal background checks. Money from
133133 24 fines shall be deposited into the Long Term Care Provider
134134 25 Fund.
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145145 1 (a-5) If a hospital demonstrates a pattern or practice of
146146 2 failing to substantially comply with the requirements of
147147 3 Section 10.10 or the hospital's written staffing plan, the
148148 4 hospital shall provide a plan of correction to the Department
149149 5 within 60 days. The Department may impose fines as follows:
150150 6 (i) if a hospital fails to implement a written staffing plan
151151 7 for nursing services, a fine not to exceed $500 per occurrence
152152 8 may be imposed; (ii) if a hospital demonstrates a pattern or
153153 9 practice of failing to substantially comply with a plan of
154154 10 correction within 60 days after the plan takes effect, a fine
155155 11 not to exceed $500 per occurrence may be imposed; and (iii) if
156156 12 a hospital demonstrates for a second or subsequent time a
157157 13 pattern or practice of failing to substantially comply with a
158158 14 plan of correction within 60 days after the plan takes effect,
159159 15 a fine not to exceed $1,000 per occurrence may be imposed.
160160 16 Reports of violations of Section 10.10 shall be subject to
161161 17 public disclosure under Section 6.14a. Money from fines within
162162 18 this subsection (a-5) shall be deposited into the Hospital
163163 19 Licensure Fund, and money from fines for violations of Section
164164 20 10.10 shall be used for scholarships under the Nursing
165165 21 Education Scholarship Law.
166166 22 (b) Such notice shall be effected by registered mail or by
167167 23 personal service setting forth the particular reasons for the
168168 24 proposed action and fixing a date, not less than 15 days from
169169 25 the date of such mailing or service, at which time the
170170 26 applicant or licensee shall be given an opportunity for a
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181181 1 hearing. Such hearing shall be conducted by the Director or by
182182 2 an employee of the Department designated in writing by the
183183 3 Director as Hearing Officer to conduct the hearing. On the
184184 4 basis of any such hearing, or upon default of the applicant or
185185 5 licensee, the Director shall make a determination specifying
186186 6 his findings and conclusions. In case of a denial to an
187187 7 applicant of a permit to establish a hospital, such
188188 8 determination shall specify the subsection of Section 6 under
189189 9 which the permit was denied and shall contain findings of fact
190190 10 forming the basis of such denial. A copy of such determination
191191 11 shall be sent by registered mail or served personally upon the
192192 12 applicant or licensee. The decision denying, suspending, or
193193 13 revoking a permit or a license shall become final 35 days after
194194 14 it is so mailed or served, unless the applicant or licensee,
195195 15 within such 35 day period, petitions for review pursuant to
196196 16 Section 13.
197197 17 (c) The procedure governing hearings authorized by this
198198 18 Section shall be in accordance with rules promulgated by the
199199 19 Department and approved by the Hospital Licensing Board. A
200200 20 full and complete record shall be kept of all proceedings,
201201 21 including the notice of hearing, complaint, and all other
202202 22 documents in the nature of pleadings, written motions filed in
203203 23 the proceedings, and the report and orders of the Director and
204204 24 Hearing Officer. All testimony shall be reported but need not
205205 25 be transcribed unless the decision is appealed pursuant to
206206 26 Section 13. A copy or copies of the transcript may be obtained
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217217 1 by any interested party on payment of the cost of preparing
218218 2 such copy or copies.
219219 3 (d) The Director or Hearing Officer shall upon his own
220220 4 motion, or on the written request of any party to the
221221 5 proceeding, issue subpoenas requiring the attendance and the
222222 6 giving of testimony by witnesses, and subpoenas duces tecum
223223 7 requiring the production of books, papers, records, or
224224 8 memoranda. All subpoenas and subpoenas duces tecum issued
225225 9 under the terms of this Act may be served by any person of full
226226 10 age. The fees of witnesses for attendance and travel shall be
227227 11 the same as the fees of witnesses before the Circuit Court of
228228 12 this State, such fees to be paid when the witness is excused
229229 13 from further attendance. When the witness is subpoenaed at the
230230 14 instance of the Director, or Hearing Officer, such fees shall
231231 15 be paid in the same manner as other expenses of the Department,
232232 16 and when the witness is subpoenaed at the instance of any other
233233 17 party to any such proceeding the Department may require that
234234 18 the cost of service of the subpoena or subpoena duces tecum and
235235 19 the fee of the witness be borne by the party at whose instance
236236 20 the witness is summoned. In such case, the Department in its
237237 21 discretion, may require a deposit to cover the cost of such
238238 22 service and witness fees. A subpoena or subpoena duces tecum
239239 23 issued as aforesaid shall be served in the same manner as a
240240 24 subpoena issued out of a court.
241241 25 (e) Any Circuit Court of this State upon the application
242242 26 of the Director, or upon the application of any other party to
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253253 1 the proceeding, may, in its discretion, compel the attendance
254254 2 of witnesses, the production of books, papers, records, or
255255 3 memoranda and the giving of testimony before the Director or
256256 4 Hearing Officer conducting an investigation or holding a
257257 5 hearing authorized by this Act, by an attachment for contempt,
258258 6 or otherwise, in the same manner as production of evidence may
259259 7 be compelled before the court.
260260 8 (f) The Director or Hearing Officer, or any party in an
261261 9 investigation or hearing before the Department, may cause the
262262 10 depositions of witnesses within the State to be taken in the
263263 11 manner prescribed by law for like depositions in civil actions
264264 12 in courts of this State, and to that end compel the attendance
265265 13 of witnesses and the production of books, papers, records, or
266266 14 memoranda.
267267 15 (Source: P.A. 102-641, eff. 8-27-21.)
268268 16 Section 20. The Medical Practice Act of 1987 is amended by
269269 17 adding Section 67 as follows:
270270 18 (225 ILCS 60/67 new)
271271 19 Sec. 67. Prohibition on sex-reassignment procedures.
272272 20 (a) As used in this Section:
273273 21 "Sex" means the classification of a person as either male
274274 22 or female based on the organization of the human body of such
275275 23 person for a specific reproductive role, as indicated by the
276276 24 person's sex chromosomes, naturally occurring sex hormones,
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287287 1 and internal and external genitalia present at birth.
288288 2 "Sex-reassignment procedures" means any medical procedure,
289289 3 including a surgical procedure, to affirm a person's
290290 4 perception of his or her sex if that perception is
291291 5 inconsistent with the person's sex.
292292 6 "Sex-reassignment procedures" does not include:
293293 7 (1) treatment provided by a physician who, in his or
294294 8 her good faith clinical judgment, performs procedures upon
295295 9 or provides therapies to a minor born with a medically
296296 10 verifiable genetic disorder of sexual development,
297297 11 including any of the following:
298298 12 (A) external biological sex characteristics that
299299 13 are unresolvably ambiguous; and
300300 14 (B) a disorder of sexual development in which the
301301 15 physician has determined through genetic or
302302 16 biochemical testing that the patient does not have a
303303 17 normal sex chromosome structure, sex steroid hormone
304304 18 production, or sex steroid hormone action for a male
305305 19 or female, as applicable;
306306 20 (2) procedures to treat an infection, an injury, a
307307 21 disease, or a disorder that has been caused or exacerbated
308308 22 by the performance of any sex-reassignment procedure,
309309 23 regardless of whether such procedure was performed in
310310 24 accordance with state or federal law; and
311311 25 (3) procedures provided to a patient for the treatment
312312 26 of a physical disorder, physical injury, or physical
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323323 1 illness that would, as certified by a licensed physician,
324324 2 place the individual in imminent danger of death or
325325 3 impairment of a major bodily function without the
326326 4 procedure.
327327 5 (b) Sex-reassignment procedures are prohibited for
328328 6 patients younger than 18 years of age.
329329 7 (c) If sex-reassignment procedures are prescribed for or
330330 8 administered or performed on patients 18 years of age or
331331 9 older, consent must be voluntary, informed, and in writing on
332332 10 forms adopted by rule of the Department. Consent to
333333 11 sex-reassignment procedures is voluntary and informed only if
334334 12 the physician who is to prescribe or administer the
335335 13 pharmaceutical product or perform the procedure has, at a
336336 14 minimum, while physically present in the same room:
337337 15 (1) informed the patient of the nature and risks of
338338 16 the procedure in order for the patient to make a prudent
339339 17 decision;
340340 18 (2) provided the informed consent form, as adopted in
341341 19 rule by the Department, to the patient; and
342342 20 (3) received the patient's written acknowledgment,
343343 21 before the procedure is administered or performed, that
344344 22 the information required to be provided under this
345345 23 subsection has been provided.
346346 24 (c) Sex-reassignment procedures may not be administered or
347347 25 performed except by a physician.
348348 26 (d) The Department shall revoke the license of any
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