Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2450 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2450 Introduced 2/7/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: See Index Amends the Behavior Analyst Licensing Act, the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Licensed Certified Professional Midwife Practice Act, the Nurse Practice Act, the Pharmacy Practice Act, the Physician Assistant Practice Act of 1987, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Wholesale Drug Distribution Licensing Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Genetic Counselor Licensing Act. Provides that the Department of Professional and Financial Regulation shall not take any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based solely upon the person's involvement in any health care service, so long as the care was not unlawful under the laws of the State. Prohibits the Department from taking any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based upon the person's license, registration, or permit (rather than only license) being revoked or suspended, or the person being otherwise disciplined by any other state, if that form of discipline was based solely on the person violating another state's laws prohibiting involvement in any health care service if that health care service would not have been unlawful under the laws of the State and is consistent with the applicable standard of conduct for a person practicing in Illinois under those Acts. Changes certain references to official occupation titles in the amended Acts to "person". Amends the Illinois Food, Drug and Cosmetic Act. Provides that a drug's status as not approved by the U.S. Food and Drug Administration shall not cause it to be deemed an adulterated drug if its safety and efficacy have been established by peer-reviewed research or if it is recommended for use by the World Health Organization, even if the drug's labelling reflects prior approval that is no longer in effect, so long as such labelling was true and accurate at the time of manufacture. LRB104 12244 BDA 22351 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2450 Introduced 2/7/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: See Index See Index Amends the Behavior Analyst Licensing Act, the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Licensed Certified Professional Midwife Practice Act, the Nurse Practice Act, the Pharmacy Practice Act, the Physician Assistant Practice Act of 1987, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Wholesale Drug Distribution Licensing Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Genetic Counselor Licensing Act. Provides that the Department of Professional and Financial Regulation shall not take any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based solely upon the person's involvement in any health care service, so long as the care was not unlawful under the laws of the State. Prohibits the Department from taking any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based upon the person's license, registration, or permit (rather than only license) being revoked or suspended, or the person being otherwise disciplined by any other state, if that form of discipline was based solely on the person violating another state's laws prohibiting involvement in any health care service if that health care service would not have been unlawful under the laws of the State and is consistent with the applicable standard of conduct for a person practicing in Illinois under those Acts. Changes certain references to official occupation titles in the amended Acts to "person". Amends the Illinois Food, Drug and Cosmetic Act. Provides that a drug's status as not approved by the U.S. Food and Drug Administration shall not cause it to be deemed an adulterated drug if its safety and efficacy have been established by peer-reviewed research or if it is recommended for use by the World Health Organization, even if the drug's labelling reflects prior approval that is no longer in effect, so long as such labelling was true and accurate at the time of manufacture. LRB104 12244 BDA 22351 b LRB104 12244 BDA 22351 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2450 Introduced 2/7/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Behavior Analyst Licensing Act, the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Licensed Certified Professional Midwife Practice Act, the Nurse Practice Act, the Pharmacy Practice Act, the Physician Assistant Practice Act of 1987, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Wholesale Drug Distribution Licensing Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Genetic Counselor Licensing Act. Provides that the Department of Professional and Financial Regulation shall not take any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based solely upon the person's involvement in any health care service, so long as the care was not unlawful under the laws of the State. Prohibits the Department from taking any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based upon the person's license, registration, or permit (rather than only license) being revoked or suspended, or the person being otherwise disciplined by any other state, if that form of discipline was based solely on the person violating another state's laws prohibiting involvement in any health care service if that health care service would not have been unlawful under the laws of the State and is consistent with the applicable standard of conduct for a person practicing in Illinois under those Acts. Changes certain references to official occupation titles in the amended Acts to "person". Amends the Illinois Food, Drug and Cosmetic Act. Provides that a drug's status as not approved by the U.S. Food and Drug Administration shall not cause it to be deemed an adulterated drug if its safety and efficacy have been established by peer-reviewed research or if it is recommended for use by the World Health Organization, even if the drug's labelling reflects prior approval that is no longer in effect, so long as such labelling was true and accurate at the time of manufacture.
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8	8	A BILL FOR
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10	10	SB2450 LRB104 12244 BDA 22351 b
11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Behavior Analyst Licensing Act is amended
15	15	5 by changing Section 60 as follows:
16	16	6 (225 ILCS 6/60)
17	17	7 (Section scheduled to be repealed on January 1, 2028)
18	18	8 Sec. 60. Grounds for disciplinary action.
19	19	9 (a) The Department may refuse to issue or renew a license,
20	20	10 or may suspend, revoke, place on probation, reprimand, or take
21	21	11 any other disciplinary or nondisciplinary action deemed
22	22	12 appropriate by the Department, including the imposition of
23	23	13 fines not to exceed $10,000 for each violation, with regard to
24	24	14 any license issued under the provisions of this Act for any one
25	25	15 or a combination of the following grounds:
26	26	16 (1) material misstatements in furnishing information
27	27	17 to the Department or to any other State agency or in
28	28	18 furnishing information to any insurance company with
29	29	19 respect to a claim on behalf of a licensee or a client
30	30	20 patient;
31	31	21 (2) violations or negligent or intentional disregard
32	32	22 of this Act or its rules;
33	33	23 (3) conviction of or entry of a plea of guilty or nolo
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2450 Introduced 2/7/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Behavior Analyst Licensing Act, the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, the Medical Practice Act of 1987, the Licensed Certified Professional Midwife Practice Act, the Nurse Practice Act, the Pharmacy Practice Act, the Physician Assistant Practice Act of 1987, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Wholesale Drug Distribution Licensing Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, and the Genetic Counselor Licensing Act. Provides that the Department of Professional and Financial Regulation shall not take any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based solely upon the person's involvement in any health care service, so long as the care was not unlawful under the laws of the State. Prohibits the Department from taking any disciplinary or non-disciplinary action against a person's authorization to practice (rather than against the license or permit issued) under each of the amended Acts based upon the person's license, registration, or permit (rather than only license) being revoked or suspended, or the person being otherwise disciplined by any other state, if that form of discipline was based solely on the person violating another state's laws prohibiting involvement in any health care service if that health care service would not have been unlawful under the laws of the State and is consistent with the applicable standard of conduct for a person practicing in Illinois under those Acts. Changes certain references to official occupation titles in the amended Acts to "person". Amends the Illinois Food, Drug and Cosmetic Act. Provides that a drug's status as not approved by the U.S. Food and Drug Administration shall not cause it to be deemed an adulterated drug if its safety and efficacy have been established by peer-reviewed research or if it is recommended for use by the World Health Organization, even if the drug's labelling reflects prior approval that is no longer in effect, so long as such labelling was true and accurate at the time of manufacture.
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42	42	LRB104 12244 BDA 22351 b
43	43	A BILL FOR
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49	49	See Index
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68	68	1 contendere, finding of guilt, jury verdict, or entry of
69	69	2 judgment or sentencing, including, but not limited to,
70	70	3 convictions, preceding sentences of supervision,
71	71	4 conditional discharge, or first offender probation, under
72	72	5 the laws of any jurisdiction of the United States that is
73	73	6 (i) a felony or (ii) a misdemeanor, an essential element
74	74	7 of which is dishonesty, or that is directly related to the
75	75	8 practice of behavior analysis;
76	76	9 (4) fraud or misrepresentation in applying for or
77	77	10 procuring a license under this Act or in connection with
78	78	11 applying for renewal or restoration of a license under
79	79	12 this Act;
80	80	13 (5) professional incompetence;
81	81	14 (6) gross negligence in practice under this Act;
82	82	15 (7) aiding or assisting another person in violating
83	83	16 any provision of this Act or its rules;
84	84	17 (8) failing to provide information within 60 days in
85	85	18 response to a written request made by the Department;
86	86	19 (9) engaging in dishonorable, unethical, or
87	87	20 unprofessional conduct of a character likely to deceive,
88	88	21 defraud, or harm the public as defined by the rules of the
89	89	22 Department or violating the rules of professional conduct
90	90	23 adopted by the Department;
91	91	24 (10) habitual or excessive use or abuse of drugs
92	92	25 defined in law as controlled substances, of alcohol, or of
93	93	26 any other substances that results in the inability to
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104	104	1 practice with reasonable judgment, skill, or safety;
105	105	2 (11) adverse action taken by another state or
106	106	3 jurisdiction if at least one of the grounds for the
107	107	4 discipline is the same or substantially equivalent to
108	108	5 those set forth in this Section;
109	109	6 (12) directly or indirectly giving to or receiving
110	110	7 from any person, firm, corporation, partnership, or
111	111	8 association any fee, commission, rebate, or other form of
112	112	9 compensation for any professional service not actually
113	113	10 rendered; nothing in this paragraph affects any bona fide
114	114	11 independent contractor or employment arrangements among
115	115	12 health care professionals, health facilities, health care
116	116	13 providers, or other entities, except as otherwise
117	117	14 prohibited by law; any employment arrangements may include
118	118	15 provisions for compensation, health insurance, pension, or
119	119	16 other employment benefits for the provision of services
120	120	17 within the scope of the licensee's practice under this
121	121	18 Act; nothing in this paragraph shall be construed to
122	122	19 require an employment arrangement to receive professional
123	123	20 fees for services rendered;
124	124	21 (13) a finding by the Department that the licensee,
125	125	22 after having the license placed on probationary status,
126	126	23 has violated the terms of probation or failed to comply
127	127	24 with those terms;
128	128	25 (14) abandonment, without cause, of a client;
129	129	26 (15) willfully making or filing false records or
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140	140	1 reports relating to a licensee's practice, including, but
141	141	2 not limited to, false records filed with federal or State
142	142	3 agencies or departments;
143	143	4 (16) willfully failing to report an instance of
144	144	5 suspected child abuse or neglect as required by the Abused
145	145	6 and Neglected Child Reporting Act;
146	146	7 (17) being named as a perpetrator in an indicated
147	147	8 report by the Department of Children and Family Services
148	148	9 under the Abused and Neglected Child Reporting Act, and
149	149	10 upon proof by clear and convincing evidence that the
150	150	11 licensee has caused a child to be an abused child or
151	151	12 neglected child as defined in the Abused and Neglected
152	152	13 Child Reporting Act;
153	153	14 (18) physical illness, mental illness, or any other
154	154	15 impairment or disability, including, but not limited to,
155	155	16 deterioration through the aging process, or loss of motor
156	156	17 skills that results in the inability to practice the
157	157	18 profession with reasonable judgment, skill, or safety;
158	158	19 (19) solicitation of professional services by using
159	159	20 false or misleading advertising;
160	160	21 (20) violation of the Health Care Worker Self-Referral
161	161	22 Act;
162	162	23 (21) willfully failing to report an instance of
163	163	24 suspected abuse, neglect, financial exploitation, or
164	164	25 self-neglect of an eligible adult as defined in and
165	165	26 required by the Adult Protective Services Act; or
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176	176	1 (22) being named as an abuser in a verified report by
177	177	2 the Department on Aging under the Adult Protective
178	178	3 Services Act, and upon proof by clear and convincing
179	179	4 evidence that the licensee abused, neglected, or
180	180	5 financially exploited an eligible adult as defined in the
181	181	6 Adult Protective Services Act.
182	182	7 (b) The determination by a court that a licensee is
183	183	8 subject to involuntary admission or judicial admission as
184	184	9 provided in the Mental Health and Developmental Disabilities
185	185	10 Code shall result in an automatic suspension of the licensee's
186	186	11 license. The suspension shall end upon a finding by a court
187	187	12 that the licensee is no longer subject to involuntary
188	188	13 admission or judicial admission and issues an order so finding
189	189	14 and discharging the patient, and upon the recommendation of
190	190	15 the Board to the Secretary that the licensee be allowed to
191	191	16 resume professional practice.
192	192	17 (c) The Department shall refuse to issue or renew or may
193	193	18 suspend the license of a person who (i) fails to file a tax
194	194	19 return, pay the tax, penalty, or interest shown in a filed tax
195	195	20 return, or pay any final assessment of tax, penalty, or
196	196	21 interest, as required by any tax Act administered by the
197	197	22 Department of Revenue, until the requirements of the tax Act
198	198	23 are satisfied or (ii) has failed to pay any court-ordered
199	199	24 child support as determined by a court order or by referral
200	200	25 from the Department of Healthcare and Family Services.
201	201	26 (c-1) The Department shall not revoke, suspend, place on
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212	212	1 probation, reprimand, refuse to issue or renew, or take any
213	213	2 other disciplinary or non-disciplinary action against a
214	214	3 person's authorization to practice the license or permit
215	215	4 issued under this Act based solely upon the person licensed
216	216	5 behavior analyst recommending, aiding, assisting, referring
217	217	6 for, or participating in any health care service, so long as
218	218	7 the care was not unlawful under the laws of this State,
219	219	8 regardless of whether the client patient was a resident of
220	220	9 this State or another state.
221	221	10 (c-2) The Department shall not revoke, suspend, place on
222	222	11 prohibition, reprimand, refuse to issue or renew, or take any
223	223	12 other disciplinary or non-disciplinary action against a
224	224	13 person's authorization to practice the license or permit
225	225	14 issued under this Act to practice as a licensed behavior
226	226	15 analyst based upon the person's licensed behavior analyst's
227	227	16 license, registration, or permit being revoked or suspended,
228	228	17 or the person licensed behavior analyst being otherwise
229	229	18 disciplined, by any other state, if that revocation,
230	230	19 suspension, or other form of discipline was based solely on
231	231	20 the person licensed behavior analyst violating another state's
232	232	21 laws prohibiting the provision of, authorization of,
233	233	22 recommendation of, aiding or assisting in, referring for, or
234	234	23 participation in any health care service if that health care
235	235	24 service as provided would not have been unlawful under the
236	236	25 laws of this State and is consistent with the applicable
237	237	26 standard standards of conduct for a person licensed behavior
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248	248	1 analyst practicing in Illinois under this Act.
249	249	2 (c-3) The conduct specified in subsections (c-1) and (c-2)
250	250	3 shall not constitute grounds for suspension under Section 125.
251	251	4 (c-4) The Department shall not revoke, suspend, summarily
252	252	5 suspend, place on prohibition, reprimand, refuse to issue or
253	253	6 renew, or take any other disciplinary or non-disciplinary
254	254	7 action against a person's authorization to practice the
255	255	8 license or permit issued under this Act to practice as a
256	256	9 licensed behavior analyst based solely upon the person's
257	257	10 license, registration, or permit of a licensed behavior
258	258	11 analyst being revoked or suspended, or the person the licensed
259	259	12 behavior analyst being otherwise disciplined, by any other
260	260	13 state or territory other than Illinois for the referral for or
261	261	14 having otherwise participated in any health care service, if
262	262	15 the revocation, suspension, or disciplinary action was based
263	263	16 solely on a violation of the other state's law prohibiting
264	264	17 such health care services in the state, for a resident of the
265	265	18 state, or in any other state.
266	266	19 (d) In enforcing this Section, the Department, upon a
267	267	20 showing of a possible violation, may compel a person licensed
268	268	21 to practice under this Act, or who has applied for licensure
269	269	22 under this Act, to submit to a mental or physical examination,
270	270	23 or both, which may include a substance abuse or sexual
271	271	24 offender evaluation, as required by and at the expense of the
272	272	25 Department.
273	273	26 (1) The Department shall specifically designate the
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284	284	1 examining physician licensed to practice medicine in all
285	285	2 of its branches or, if applicable, the multidisciplinary
286	286	3 team involved in providing the mental or physical
287	287	4 examination or both. The multidisciplinary team shall be
288	288	5 led by a physician licensed to practice medicine in all of
289	289	6 its branches and may consist of one or more or a
290	290	7 combination of physicians licensed to practice medicine in
291	291	8 all of its branches, licensed clinical psychologists,
292	292	9 licensed clinical professional counselors, and other
293	293	10 professional and administrative staff. Any examining
294	294	11 physician or member of the multidisciplinary team may
295	295	12 require any person ordered to submit to an examination
296	296	13 pursuant to this Section to submit to any additional
297	297	14 supplemental testing deemed necessary to complete any
298	298	15 examination or evaluation process, including, but not
299	299	16 limited to, blood testing, urinalysis, psychological
300	300	17 testing, or neuropsychological testing.
301	301	18 (2) The Department may order the examining physician
302	302	19 or any member of the multidisciplinary team to present
303	303	20 testimony concerning this mental or physical examination
304	304	21 of the licensee or applicant. No information, report,
305	305	22 record, or other documents in any way related to the
306	306	23 examination shall be excluded by reason of any common law
307	307	24 or statutory privilege relating to communications between
308	308	25 the licensee or applicant and the examining physician or
309	309	26 any member of the multidisciplinary team. No authorization
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320	320	1 is necessary from the licensee or applicant ordered to
321	321	2 undergo an examination for the examining physician or any
322	322	3 member of the multidisciplinary team to provide
323	323	4 information, reports, records, or other documents or to
324	324	5 provide any testimony regarding the examination and
325	325	6 evaluation.
326	326	7 (3) The person to be examined may have, at the
327	327	8 person's own expense, another physician of the person's
328	328	9 choice present during all aspects of the examination.
329	329	10 However, that physician shall be present only to observe
330	330	11 and may not interfere in any way with the examination.
331	331	12 (4) The failure of any person to submit to a mental or
332	332	13 physical examination without reasonable cause, when
333	333	14 ordered, shall result in an automatic suspension of the
334	334	15 person's license until the person submits to the
335	335	16 examination.
336	336	17 (e) If the Department finds a person unable to practice
337	337	18 because of the reasons set forth in this Section, the
338	338	19 Department or Board may require that person to submit to care,
339	339	20 counseling, or treatment by physicians approved or designated
340	340	21 by the Department or Board, as a condition, term, or
341	341	22 restriction for continued, reinstated, or renewed licensure to
342	342	23 practice; or, in lieu of care, counseling, or treatment, the
343	343	24 Department may file, or the Board may recommend to the
344	344	25 Department to file, a complaint to immediately suspend,
345	345	26 revoke, or otherwise discipline the license of the person. Any
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356	356	1 person whose license was granted, continued, reinstated,
357	357	2 renewed, disciplined, or supervised subject to the terms,
358	358	3 conditions, or restrictions, and who fails to comply with the
359	359	4 terms, conditions, or restrictions, shall be referred to the
360	360	5 Secretary for a determination as to whether the person shall
361	361	6 have the person's license suspended immediately, pending a
362	362	7 hearing by the Department.
363	363	8 (f) All fines imposed shall be paid within 60 days after
364	364	9 the effective date of the order imposing the fine or in
365	365	10 accordance with the terms set forth in the order imposing the
366	366	11 fine.
367	367	12 If the Secretary immediately suspends a person's license
368	368	13 under this subsection, a hearing on that person's license must
369	369	14 be convened by the Department within 30 days after the
370	370	15 suspension and completed without appreciable delay. The
371	371	16 Department and Board shall have the authority to review the
372	372	17 subject person's record of treatment and counseling regarding
373	373	18 the impairment, to the extent permitted by applicable federal
374	374	19 statutes and regulations safeguarding the confidentiality of
375	375	20 medical records.
376	376	21 A person licensed under this Act and affected under this
377	377	22 Section shall be afforded an opportunity to demonstrate to the
378	378	23 Department or Board that the person can resume practice in
379	379	24 compliance with acceptable and prevailing standards under the
380	380	25 provisions of the person's license.
381	381	26 (g) The Department may adopt rules to implement,
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392	392	1 administer, and enforce this Section the changes made by this
393	393	2 amendatory Act of the 102nd General Assembly.
394	394	3 (Source: P.A. 102-953, eff. 5-27-22; 102-1117, eff. 1-13-23.)
395	395	4 Section 10. The Clinical Psychologist Licensing Act is
396	396	5 amended by changing Section 15 as follows:
397	397	6 (225 ILCS 15/15) (from Ch. 111, par. 5365)
398	398	7 (Section scheduled to be repealed on January 1, 2027)
399	399	8 Sec. 15. Disciplinary action; grounds.
400	400	9 (a) The Department may refuse to issue, refuse to renew,
401	401	10 suspend, or revoke any license, or may place on probation,
402	402	11 reprimand, or take other disciplinary or non-disciplinary
403	403	12 action deemed appropriate by the Department, including the
404	404	13 imposition of fines not to exceed $10,000 for each violation,
405	405	14 with regard to any license issued under the provisions of this
406	406	15 Act for any one or a combination of the following reasons:
407	407	16 (1) Conviction of, or entry of a plea of guilty or nolo
408	408	17 contendere to, any crime that is a felony under the laws of
409	409	18 the United States or any state or territory thereof or
410	410	19 that is a misdemeanor of which an essential element is
411	411	20 dishonesty, or any crime that is directly related to the
412	412	21 practice of the profession.
413	413	22 (2) Gross negligence in the rendering of clinical
414	414	23 psychological services.
415	415	24 (3) Using fraud or making any misrepresentation in
416	416
417	417
418	418
419	419
420	420
421	421	SB2450 - 11 - LRB104 12244 BDA 22351 b
422	422
423	423
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425	425	SB2450 - 12 - LRB104 12244 BDA 22351 b
426	426	1 applying for a license or in passing the examination
427	427	2 provided for in this Act.
428	428	3 (4) Aiding or abetting or conspiring to aid or abet a
429	429	4 person, not a clinical psychologist licensed under this
430	430	5 Act, in representing himself or herself as so licensed or
431	431	6 in applying for a license under this Act.
432	432	7 (5) Violation of any provision of this Act or the
433	433	8 rules promulgated thereunder.
434	434	9 (6) Professional connection or association with any
435	435	10 person, firm, association, partnership or corporation
436	436	11 holding himself, herself, themselves, or itself out in any
437	437	12 manner contrary to this Act.
438	438	13 (7) Unethical, unauthorized, or unprofessional conduct
439	439	14 as defined by rule. In establishing those rules, the
440	440	15 Department shall consider, though is not bound by, the
441	441	16 ethical standards for psychologists promulgated by
442	442	17 recognized national psychology associations.
443	443	18 (8) Aiding or assisting another person in violating
444	444	19 any provisions of this Act or the rules promulgated
445	445	20 thereunder.
446	446	21 (9) Failing to provide, within 60 days, information in
447	447	22 response to a written request made by the Department.
448	448	23 (10) Habitual or excessive use or addiction to
449	449	24 alcohol, narcotics, stimulants, or any other chemical
450	450	25 agent or drug that results in a clinical psychologist's
451	451	26 inability to practice with reasonable judgment, skill, or
452	452
453	453
454	454
455	455
456	456
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458	458
459	459
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461	461	SB2450 - 13 - LRB104 12244 BDA 22351 b
462	462	1 safety.
463	463	2 (11) Discipline by another state, territory, the
464	464	3 District of Columbia, or foreign country, if at least one
465	465	4 of the grounds for the discipline is the same or
466	466	5 substantially equivalent to those set forth herein.
467	467	6 (12) Directly or indirectly giving or receiving from
468	468	7 any person, firm, corporation, association, or partnership
469	469	8 any fee, commission, rebate, or other form of compensation
470	470	9 for any professional service not actually or personally
471	471	10 rendered. Nothing in this paragraph (12) affects any bona
472	472	11 fide independent contractor or employment arrangements
473	473	12 among health care professionals, health facilities, health
474	474	13 care providers, or other entities, except as otherwise
475	475	14 prohibited by law. Any employment arrangements may include
476	476	15 provisions for compensation, health insurance, pension, or
477	477	16 other employment benefits for the provision of services
478	478	17 within the scope of the licensee's practice under this
479	479	18 Act. Nothing in this paragraph (12) shall be construed to
480	480	19 require an employment arrangement to receive professional
481	481	20 fees for services rendered.
482	482	21 (13) A finding that the licensee, after having his or
483	483	22 her license placed on probationary status, has violated
484	484	23 the terms of probation.
485	485	24 (14) Willfully making or filing false records or
486	486	25 reports, including, but not limited to, false records or
487	487	26 reports filed with State agencies or departments.
488	488
489	489
490	490
491	491
492	492
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494	494
495	495
496	496	SB2450- 14 -LRB104 12244 BDA 22351 b SB2450 - 14 - LRB104 12244 BDA 22351 b
497	497	SB2450 - 14 - LRB104 12244 BDA 22351 b
498	498	1 (15) Physical illness, including, but not limited to,
499	499	2 deterioration through the aging process, mental illness,
500	500	3 or disability that results in the inability to practice
501	501	4 the profession with reasonable judgment, skill, and
502	502	5 safety.
503	503	6 (16) Willfully failing to report an instance of
504	504	7 suspected child abuse or neglect as required by the Abused
505	505	8 and Neglected Child Reporting Act.
506	506	9 (17) Being named as a perpetrator in an indicated
507	507	10 report by the Department of Children and Family Services
508	508	11 pursuant to the Abused and Neglected Child Reporting Act,
509	509	12 and upon proof by clear and convincing evidence that the
510	510	13 licensee has caused a child to be an abused child or
511	511	14 neglected child as defined in the Abused and Neglected
512	512	15 Child Reporting Act.
513	513	16 (18) Violation of the Health Care Worker Self-Referral
514	514	17 Act.
515	515	18 (19) Making a material misstatement in furnishing
516	516	19 information to the Department, any other State or federal
517	517	20 agency, or any other entity.
518	518	21 (20) Failing to report to the Department any adverse
519	519	22 judgment, settlement, or award arising from a liability
520	520	23 claim related to an act or conduct similar to an act or
521	521	24 conduct that would constitute grounds for action as set
522	522	25 forth in this Section.
523	523	26 (21) Failing to report to the Department any adverse
524	524
525	525
526	526
527	527
528	528
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530	530
531	531
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533	533	SB2450 - 15 - LRB104 12244 BDA 22351 b
534	534	1 final action taken against a licensee or applicant by
535	535	2 another licensing jurisdiction, including any other state
536	536	3 or territory of the United States or any foreign state or
537	537	4 country, or any peer review body, health care institution,
538	538	5 professional society or association related to the
539	539	6 profession, governmental agency, law enforcement agency,
540	540	7 or court for an act or conduct similar to an act or conduct
541	541	8 that would constitute grounds for disciplinary action as
542	542	9 set forth in this Section.
543	543	10 (22) Prescribing, selling, administering,
544	544	11 distributing, giving, or self-administering (A) any drug
545	545	12 classified as a controlled substance (designated product)
546	546	13 for other than medically accepted therapeutic purposes or
547	547	14 (B) any narcotic drug.
548	548	15 (23) Violating State state or federal laws or
549	549	16 regulations relating to controlled substances, legend
550	550	17 drugs, or ephedra as defined in the Ephedra Prohibition
551	551	18 Act.
552	552	19 (24) Exceeding the terms of a collaborative agreement
553	553	20 or the prescriptive authority delegated to a licensee by
554	554	21 his or her collaborating physician or established under a
555	555	22 written collaborative agreement.
556	556	23 The entry of an order by any circuit court establishing
557	557	24 that any person holding a license under this Act is subject to
558	558	25 involuntary admission or judicial admission as provided for in
559	559	26 the Mental Health and Developmental Disabilities Code,
560	560
561	561
562	562
563	563
564	564
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566	566
567	567
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569	569	SB2450 - 16 - LRB104 12244 BDA 22351 b
570	570	1 operates as an automatic suspension of that license. That
571	571	2 person may have his or her license restored only upon the
572	572	3 determination by a circuit court that the patient is no longer
573	573	4 subject to involuntary admission or judicial admission and the
574	574	5 issuance of an order so finding and discharging the patient
575	575	6 and upon the Board's recommendation to the Department that the
576	576	7 license be restored. Where the circumstances so indicate, the
577	577	8 Board may recommend to the Department that it require an
578	578	9 examination prior to restoring any license so automatically
579	579	10 suspended.
580	580	11 The Department shall refuse to issue or suspend the
581	581	12 license of any person who fails to file a return, or to pay the
582	582	13 tax, penalty, or interest shown in a filed return, or to pay
583	583	14 any final assessment of the tax, penalty, or interest, as
584	584	15 required by any tax Act administered by the Illinois
585	585	16 Department of Revenue, until such time as the requirements of
586	586	17 any such tax Act are satisfied.
587	587	18 In enforcing this Section, the Department or Board upon a
588	588	19 showing of a possible violation may compel any person licensed
589	589	20 to practice under this Act, or who has applied for licensure or
590	590	21 certification pursuant to this Act, to submit to a mental or
591	591	22 physical examination, or both, as required by and at the
592	592	23 expense of the Department. The examining physicians or
593	593	24 clinical psychologists shall be those specifically designated
594	594	25 by the Department. The Board or the Department may order the
595	595	26 examining physician or clinical psychologist to present
596	596
597	597
598	598
599	599
600	600
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602	602
603	603
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605	605	SB2450 - 17 - LRB104 12244 BDA 22351 b
606	606	1 testimony concerning this mental or physical examination of
607	607	2 the licensee or applicant. No information shall be excluded by
608	608	3 reason of any common law or statutory privilege relating to
609	609	4 communications between the licensee or applicant and the
610	610	5 examining physician or clinical psychologist. The person to be
611	611	6 examined may have, at his or her own expense, another
612	612	7 physician or clinical psychologist of his or her choice
613	613	8 present during all aspects of the examination. Failure of any
614	614	9 person to submit to a mental or physical examination, when
615	615	10 directed, shall be grounds for suspension of a license until
616	616	11 the person submits to the examination if the Department or
617	617	12 Board finds, after notice and hearing, that the refusal to
618	618	13 submit to the examination was without reasonable cause.
619	619	14 If the Department or Board finds a person unable to
620	620	15 practice because of the reasons set forth in this Section, the
621	621	16 Department or Board may require that person to submit to care,
622	622	17 counseling, or treatment by physicians or clinical
623	623	18 psychologists approved or designated by the Department, as a
624	624	19 condition, term, or restriction for continued, reinstated, or
625	625	20 renewed licensure to practice; or, in lieu of care,
626	626	21 counseling, or treatment, the Board may recommend to the
627	627	22 Department to file or the Department may file a complaint to
628	628	23 immediately suspend, revoke, or otherwise discipline the
629	629	24 license of the person. Any person whose license was granted,
630	630	25 continued, reinstated, renewed, disciplined, or supervised
631	631	26 subject to such terms, conditions, or restrictions, and who
632	632
633	633
634	634
635	635
636	636
637	637	SB2450 - 17 - LRB104 12244 BDA 22351 b
638	638
639	639
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641	641	SB2450 - 18 - LRB104 12244 BDA 22351 b
642	642	1 fails to comply with such terms, conditions, or restrictions,
643	643	2 shall be referred to the Secretary for a determination as to
644	644	3 whether the person shall have his or her license suspended
645	645	4 immediately, pending a hearing by the Board.
646	646	5 In instances in which the Secretary immediately suspends a
647	647	6 person's license under this Section, a hearing on that
648	648	7 person's license must be convened by the Board within 15 days
649	649	8 after the suspension and completed without appreciable delay.
650	650	9 The Board shall have the authority to review the subject
651	651	10 person's record of treatment and counseling regarding the
652	652	11 impairment, to the extent permitted by applicable federal
653	653	12 statutes and regulations safeguarding the confidentiality of
654	654	13 medical records.
655	655	14 A person licensed under this Act and affected under this
656	656	15 Section shall be afforded an opportunity to demonstrate to the
657	657	16 Board that he or she can resume practice in compliance with
658	658	17 acceptable and prevailing standards under the provisions of
659	659	18 his or her license.
660	660	19 (b) The Department shall not revoke, suspend, place on
661	661	20 probation, reprimand, refuse to issue or renew, or take any
662	662	21 other disciplinary or non-disciplinary action against a
663	663	22 person's authorization to practice the license or permit
664	664	23 issued under this Act based solely upon the person licensed
665	665	24 clinical psychologist recommending, aiding, assisting,
666	666	25 referring for, or participating in any health care service, so
667	667	26 long as the care was not unlawful under the laws of this State,
668	668
669	669
670	670
671	671
672	672
673	673	SB2450 - 18 - LRB104 12244 BDA 22351 b
674	674
675	675
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677	677	SB2450 - 19 - LRB104 12244 BDA 22351 b
678	678	1 regardless of whether the patient was a resident of this State
679	679	2 or another state.
680	680	3 (c) The Department shall not revoke, suspend, place on
681	681	4 prohibition, reprimand, refuse to issue or renew, or take any
682	682	5 other disciplinary or non-disciplinary action against a
683	683	6 person's authorization to practice the license or permit
684	684	7 issued under this Act to practice as a licensed clinical
685	685	8 psychologist based upon the person's licensed clinical
686	686	9 psychologist's license, registration, or permit being revoked
687	687	10 or suspended, or the person licensed clinical psychologist
688	688	11 being otherwise disciplined, by any other state, if that
689	689	12 revocation, suspension, or other form of discipline was based
690	690	13 solely on the person licensed clinical psychologist violating
691	691	14 another state's laws prohibiting the provision of,
692	692	15 authorization of, recommendation of, aiding or assisting in,
693	693	16 referring for, or participation in any health care service if
694	694	17 that health care service as provided would not have been
695	695	18 unlawful under the laws of this State and is consistent with
696	696	19 the applicable standard standards of conduct for a person
697	697	20 licensed clinical psychologist practicing in Illinois under
698	698	21 this Act.
699	699	22 (d) The conduct specified in subsections (b) and (c) shall
700	700	23 not constitute grounds for suspension under Section 21.6.
701	701	24 (e) The Department shall not revoke, suspend, summarily
702	702	25 suspend, place on prohibition, reprimand, refuse to issue or
703	703	26 renew, or take any other disciplinary or non-disciplinary
704	704
705	705
706	706
707	707
708	708
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710	710
711	711
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713	713	SB2450 - 20 - LRB104 12244 BDA 22351 b
714	714	1 action against a person's authorization to practice the
715	715	2 license or permit issued under this Act to practice as a
716	716	3 licensed clinical psychologist based solely upon the license,
717	717	4 registration, or permit of the a person licensed clinical
718	718	5 psychologist being suspended or revoked, or the person
719	719	6 licensed clinical psychologist being otherwise disciplined, by
720	720	7 any other state or territory other than Illinois for the
721	721	8 referral for or having otherwise participated in any health
722	722	9 care service, if the revocation, suspension, or other
723	723	10 disciplinary action was based solely on a violation of the
724	724	11 other state's law prohibiting such health care services in the
725	725	12 state, for a resident of the state, or in any other state.
726	726	13 (f) The Department may adopt rules to implement,
727	727	14 administer, and enforce this Section the changes made by this
728	728	15 amendatory Act of the 102nd General Assembly.
729	729	16 (Source: P.A. 102-1117, eff. 1-13-23.)
730	730	17 Section 15. The Clinical Social Work and Social Work
731	731	18 Practice Act is amended by changing Section 19 as follows:
732	732	19 (225 ILCS 20/19)
733	733	20 (Section scheduled to be repealed on January 1, 2028)
734	734	21 Sec. 19. Grounds for disciplinary action.
735	735	22 (1) The Department may refuse to issue or renew a license,
736	736	23 or may suspend, revoke, place on probation, reprimand, or take
737	737	24 any other disciplinary or non-disciplinary action deemed
738	738
739	739
740	740
741	741
742	742
743	743	SB2450 - 20 - LRB104 12244 BDA 22351 b
744	744
745	745
746	746	SB2450- 21 -LRB104 12244 BDA 22351 b SB2450 - 21 - LRB104 12244 BDA 22351 b
747	747	SB2450 - 21 - LRB104 12244 BDA 22351 b
748	748	1 appropriate by the Department, including the imposition of
749	749	2 fines not to exceed $10,000 for each violation, with regard to
750	750	3 any license issued under the provisions of this Act for any one
751	751	4 or a combination of the following grounds:
752	752	5 (a) material misstatements in furnishing information
753	753	6 to the Department or to any other State agency or in
754	754	7 furnishing information to any insurance company with
755	755	8 respect to a claim on behalf of a licensee or a patient;
756	756	9 (b) violations or negligent or intentional disregard
757	757	10 of this Act, or any of the rules promulgated hereunder;
758	758	11 (c) conviction of or entry of a plea of guilty or nolo
759	759	12 contendere, finding of guilt, jury verdict, or entry of
760	760	13 judgment or sentencing, including, but not limited to,
761	761	14 convictions, preceding sentences of supervision,
762	762	15 conditional discharge, or first offender probation, under
763	763	16 the laws of any jurisdiction of the United States that is
764	764	17 (i) a felony or (ii) a misdemeanor, an essential element
765	765	18 of which is dishonesty, or that is directly related to the
766	766	19 practice of the clinical social work or social work
767	767	20 professions;
768	768	21 (d) fraud or misrepresentation in applying for or
769	769	22 procuring a license under this Act or in connection with
770	770	23 applying for renewal or restoration of a license under
771	771	24 this Act;
772	772	25 (e) professional incompetence;
773	773	26 (f) gross negligence in practice under this Act;
774	774
775	775
776	776
777	777
778	778
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780	780
781	781
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783	783	SB2450 - 22 - LRB104 12244 BDA 22351 b
784	784	1 (g) aiding or assisting another person in violating
785	785	2 any provision of this Act or its rules;
786	786	3 (h) failing to provide information within 60 days in
787	787	4 response to a written request made by the Department;
788	788	5 (i) engaging in dishonorable, unethical, or
789	789	6 unprofessional conduct of a character likely to deceive,
790	790	7 defraud, or harm the public as defined by the rules of the
791	791	8 Department, or violating the rules of professional conduct
792	792	9 adopted by the Department;
793	793	10 (j) habitual or excessive use or abuse of drugs
794	794	11 defined in law as controlled substances, of alcohol, or of
795	795	12 any other substances that results in the inability to
796	796	13 practice with reasonable judgment, skill, or safety;
797	797	14 (k) adverse action taken by another state or
798	798	15 jurisdiction, if at least one of the grounds for the
799	799	16 discipline is the same or substantially equivalent to
800	800	17 those set forth in this Section;
801	801	18 (l) directly or indirectly giving to or receiving from
802	802	19 any person, firm, corporation, partnership, or association
803	803	20 any fee, commission, rebate, or other form of compensation
804	804	21 for any professional service not actually rendered.
805	805	22 Nothing in this paragraph (l) affects any bona fide
806	806	23 independent contractor or employment arrangements among
807	807	24 health care professionals, health facilities, health care
808	808	25 providers, or other entities, except as otherwise
809	809	26 prohibited by law. Any employment arrangements may include
810	810
811	811
812	812
813	813
814	814
815	815	SB2450 - 22 - LRB104 12244 BDA 22351 b
816	816
817	817
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819	819	SB2450 - 23 - LRB104 12244 BDA 22351 b
820	820	1 provisions for compensation, health insurance, pension, or
821	821	2 other employment benefits for the provision of services
822	822	3 within the scope of the licensee's practice under this
823	823	4 Act. Nothing in this paragraph (l) shall be construed to
824	824	5 require an employment arrangement to receive professional
825	825	6 fees for services rendered;
826	826	7 (m) a finding by the Department that the licensee,
827	827	8 after having the license placed on probationary status,
828	828	9 has violated the terms of probation or failed to comply
829	829	10 with such terms;
830	830	11 (n) abandonment, without cause, of a client;
831	831	12 (o) willfully making or filing false records or
832	832	13 reports relating to a licensee's practice, including, but
833	833	14 not limited to, false records filed with federal Federal
834	834	15 or State agencies or departments;
835	835	16 (p) willfully failing to report an instance of
836	836	17 suspected child abuse or neglect as required by the Abused
837	837	18 and Neglected Child Reporting Act;
838	838	19 (q) being named as a perpetrator in an indicated
839	839	20 report by the Department of Children and Family Services
840	840	21 under the Abused and Neglected Child Reporting Act, and
841	841	22 upon proof by clear and convincing evidence that the
842	842	23 licensee has caused a child to be an abused child or
843	843	24 neglected child as defined in the Abused and Neglected
844	844	25 Child Reporting Act;
845	845	26 (r) physical illness, mental illness, or any other
846	846
847	847
848	848
849	849
850	850
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852	852
853	853
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855	855	SB2450 - 24 - LRB104 12244 BDA 22351 b
856	856	1 impairment or disability, including, but not limited to,
857	857	2 deterioration through the aging process, or loss of motor
858	858	3 skills that results in the inability to practice the
859	859	4 profession with reasonable judgment, skill, or safety;
860	860	5 (s) solicitation of professional services by using
861	861	6 false or misleading advertising;
862	862	7 (t) violation of the Health Care Worker Self-Referral
863	863	8 Act;
864	864	9 (u) willfully failing to report an instance of
865	865	10 suspected abuse, neglect, financial exploitation, or
866	866	11 self-neglect of an eligible adult as defined in and
867	867	12 required by the Adult Protective Services Act; or
868	868	13 (v) being named as an abuser in a verified report by
869	869	14 the Department on Aging under the Adult Protective
870	870	15 Services Act, and upon proof by clear and convincing
871	871	16 evidence that the licensee abused, neglected, or
872	872	17 financially exploited an eligible adult as defined in the
873	873	18 Adult Protective Services Act.
874	874	19 (2) (Blank).
875	875	20 (3) The determination by a court that a licensee is
876	876	21 subject to involuntary admission or judicial admission as
877	877	22 provided in the Mental Health and Developmental Disabilities
878	878	23 Code, will result in an automatic suspension of the licensee's
879	879	24 license. Such suspension will end upon a finding by a court
880	880	25 that the licensee is no longer subject to involuntary
881	881	26 admission or judicial admission and issues an order so finding
882	882
883	883
884	884
885	885
886	886
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888	888
889	889
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891	891	SB2450 - 25 - LRB104 12244 BDA 22351 b
892	892	1 and discharging the patient, and upon the recommendation of
893	893	2 the Board to the Secretary that the licensee be allowed to
894	894	3 resume professional practice.
895	895	4 (4) The Department shall refuse to issue or renew or may
896	896	5 suspend the license of a person who (i) fails to file a return,
897	897	6 pay the tax, penalty, or interest shown in a filed return, or
898	898	7 pay any final assessment of tax, penalty, or interest, as
899	899	8 required by any tax Act administered by the Department of
900	900	9 Revenue, until the requirements of the tax Act are satisfied
901	901	10 or (ii) has failed to pay any court-ordered child support as
902	902	11 determined by a court order or by referral from the Department
903	903	12 of Healthcare and Family Services.
904	904	13 (4.5) The Department shall not revoke, suspend, summarily
905	905	14 suspend, place on prohibition, reprimand, refuse to issue or
906	906	15 renew, or take any other disciplinary or non-disciplinary
907	907	16 action against a person's authorization to practice license or
908	908	17 permit issued under this Act based solely upon the person
909	909	18 licensed clinical social worker authorizing, recommending,
910	910	19 aiding, assisting, referring for, or otherwise participating
911	911	20 in any health care service, so long as the care was not
912	912	21 unlawful under the laws of this State, regardless of whether
913	913	22 the patient was a resident of this State or another state.
914	914	23 (4.10) The Department shall not revoke, suspend, summarily
915	915	24 suspend, place on prohibition, reprimand, refuse to issue or
916	916	25 renew, or take any other disciplinary or non-disciplinary
917	917	26 action against a person's authorization to practice the
918	918
919	919
920	920
921	921
922	922
923	923	SB2450 - 25 - LRB104 12244 BDA 22351 b
924	924
925	925
926	926	SB2450- 26 -LRB104 12244 BDA 22351 b SB2450 - 26 - LRB104 12244 BDA 22351 b
927	927	SB2450 - 26 - LRB104 12244 BDA 22351 b
928	928	1 license or permit issued under this Act to practice as a
929	929	2 licensed clinical social worker based upon the person's
930	930	3 licensed clinical social worker's license, registration, or
931	931	4 permit being revoked or suspended, or the person licensed
932	932	5 clinical social worker being otherwise disciplined, by any
933	933	6 other state, if that revocation, suspension, or other form of
934	934	7 discipline was based solely on the person licensed clinical
935	935	8 social worker violating another state's laws prohibiting the
936	936	9 provision of, authorization of, recommendation of, aiding or
937	937	10 assisting in, referring for, or participation in any health
938	938	11 care service if that health care service as provided would not
939	939	12 have been unlawful under the laws of this State and is
940	940	13 consistent with the applicable standard standards of conduct
941	941	14 for a person licensed clinical social worker practicing in
942	942	15 Illinois under this Act.
943	943	16 (4.15) The conduct specified in subsection (4.5), (4.10),
944	944	17 (4.25), or (4.30) shall not constitute grounds for suspension
945	945	18 under Section 32.
946	946	19 (4.20) An applicant seeking licensure, certification, or
947	947	20 authorization pursuant to this Act who has been subject to
948	948	21 disciplinary action by a duly authorized professional
949	949	22 disciplinary agency of another jurisdiction solely on the
950	950	23 basis of having authorized, recommended, aided, assisted,
951	951	24 referred for, or otherwise participated in health care shall
952	952	25 not be denied such licensure, certification, or authorization,
953	953	26 unless the Department determines that such action would have
954	954
955	955
956	956
957	957
958	958
959	959	SB2450 - 26 - LRB104 12244 BDA 22351 b
960	960
961	961
962	962	SB2450- 27 -LRB104 12244 BDA 22351 b SB2450 - 27 - LRB104 12244 BDA 22351 b
963	963	SB2450 - 27 - LRB104 12244 BDA 22351 b
964	964	1 constituted professional misconduct in this State; however,
965	965	2 nothing in this Section shall be construed as prohibiting the
966	966	3 Department from evaluating the conduct of such applicant and
967	967	4 making a determination regarding the licensure, certification,
968	968	5 or authorization to practice a profession under this Act.
969	969	6 (4.25) The Department may not revoke, suspend, summarily
970	970	7 suspend, place on prohibition, reprimand, refuse to issue or
971	971	8 renew, or take any other disciplinary or non-disciplinary
972	972	9 action against a person's authorization to practice license or
973	973	10 permit issued under this Act based solely upon an immigration
974	974	11 violation by the person licensed clinical social worker.
975	975	12 (4.30) The Department may not revoke, suspend, summarily
976	976	13 suspend, place on prohibition, reprimand, refuse to issue or
977	977	14 renew, or take any other disciplinary or non-disciplinary
978	978	15 action against a person's authorization to practice the
979	979	16 license or permit issued under this Act to practice as a
980	980	17 licensed clinical social worker based upon the person's
981	981	18 licensed clinical social worker's license, registration, or
982	982	19 permit being revoked or suspended, or the person licensed
983	983	20 clinical social worker being otherwise disciplined, by any
984	984	21 other state, if that revocation, suspension, or other form of
985	985	22 discipline was based solely upon an immigration violation by
986	986	23 the person licensed clinical social worker.
987	987	24 (5)(a) In enforcing this Section, the Department or Board,
988	988	25 upon a showing of a possible violation, may compel a person
989	989	26 licensed to practice under this Act, or who has applied for
990	990
991	991
992	992
993	993
994	994
995	995	SB2450 - 27 - LRB104 12244 BDA 22351 b
996	996
997	997
998	998	SB2450- 28 -LRB104 12244 BDA 22351 b SB2450 - 28 - LRB104 12244 BDA 22351 b
999	999	SB2450 - 28 - LRB104 12244 BDA 22351 b
1000	1000	1 licensure under this Act, to submit to a mental or physical
1001	1001	2 examination, or both, which may include a substance abuse or
1002	1002	3 sexual offender evaluation, as required by and at the expense
1003	1003	4 of the Department.
1004	1004	5 (b) The Department shall specifically designate the
1005	1005	6 examining physician licensed to practice medicine in all of
1006	1006	7 its branches or, if applicable, the multidisciplinary team
1007	1007	8 involved in providing the mental or physical examination or
1008	1008	9 both. The multidisciplinary team shall be led by a physician
1009	1009	10 licensed to practice medicine in all of its branches and may
1010	1010	11 consist of one or more or a combination of physicians licensed
1011	1011	12 to practice medicine in all of its branches, licensed clinical
1012	1012	13 psychologists, licensed clinical social workers, licensed
1013	1013	14 clinical professional counselors, and other professional and
1014	1014	15 administrative staff. Any examining physician or member of the
1015	1015	16 multidisciplinary team may require any person ordered to
1016	1016	17 submit to an examination pursuant to this Section to submit to
1017	1017	18 any additional supplemental testing deemed necessary to
1018	1018	19 complete any examination or evaluation process, including, but
1019	1019	20 not limited to, blood testing, urinalysis, psychological
1020	1020	21 testing, or neuropsychological testing.
1021	1021	22 (c) The Board or the Department may order the examining
1022	1022	23 physician or any member of the multidisciplinary team to
1023	1023	24 present testimony concerning this mental or physical
1024	1024	25 examination of the licensee or applicant. No information,
1025	1025	26 report, record, or other documents in any way related to the
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031	SB2450 - 28 - LRB104 12244 BDA 22351 b
1032	1032
1033	1033
1034	1034	SB2450- 29 -LRB104 12244 BDA 22351 b SB2450 - 29 - LRB104 12244 BDA 22351 b
1035	1035	SB2450 - 29 - LRB104 12244 BDA 22351 b
1036	1036	1 examination shall be excluded by reason of any common law or
1037	1037	2 statutory privilege relating to communications between the
1038	1038	3 licensee or applicant and the examining physician or any
1039	1039	4 member of the multidisciplinary team. No authorization is
1040	1040	5 necessary from the licensee or applicant ordered to undergo an
1041	1041	6 examination for the examining physician or any member of the
1042	1042	7 multidisciplinary team to provide information, reports,
1043	1043	8 records, or other documents or to provide any testimony
1044	1044	9 regarding the examination and evaluation.
1045	1045	10 (d) The person to be examined may have, at the person's own
1046	1046	11 expense, another physician of the person's choice present
1047	1047	12 during all aspects of the examination. However, that physician
1048	1048	13 shall be present only to observe and may not interfere in any
1049	1049	14 way with the examination.
1050	1050	15 (e) Failure of any person to submit to a mental or physical
1051	1051	16 examination without reasonable cause, when ordered, shall
1052	1052	17 result in an automatic suspension of the person's license
1053	1053	18 until the person submits to the examination.
1054	1054	19 (f) If the Department or Board finds a person unable to
1055	1055	20 practice because of the reasons set forth in this Section, the
1056	1056	21 Department or Board may require that person to submit to care,
1057	1057	22 counseling, or treatment by physicians approved or designated
1058	1058	23 by the Department or Board, as a condition, term, or
1059	1059	24 restriction for continued, reinstated, or renewed licensure to
1060	1060	25 practice; or, in lieu of care, counseling or treatment, the
1061	1061	26 Department may file, or the Board may recommend to the
1062	1062
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067	SB2450 - 29 - LRB104 12244 BDA 22351 b
1068	1068
1069	1069
1070	1070	SB2450- 30 -LRB104 12244 BDA 22351 b SB2450 - 30 - LRB104 12244 BDA 22351 b
1071	1071	SB2450 - 30 - LRB104 12244 BDA 22351 b
1072	1072	1 Department to file, a complaint to immediately suspend,
1073	1073	2 revoke, or otherwise discipline the license of the person. Any
1074	1074	3 person whose license was granted, continued, reinstated,
1075	1075	4 renewed, disciplined, or supervised subject to such terms,
1076	1076	5 conditions, or restrictions, and who fails to comply with such
1077	1077	6 terms, conditions, or restrictions, shall be referred to the
1078	1078	7 Secretary for a determination as to whether the person's
1079	1079	8 license shall be suspended immediately, pending a hearing by
1080	1080	9 the Department.
1081	1081	10 (g) All fines imposed shall be paid within 60 days after
1082	1082	11 the effective date of the order imposing the fine or in
1083	1083	12 accordance with the terms set forth in the order imposing the
1084	1084	13 fine.
1085	1085	14 In instances in which the Secretary immediately suspends a
1086	1086	15 person's license under this Section, a hearing on that
1087	1087	16 person's license must be convened by the Department within 30
1088	1088	17 days after the suspension and completed without appreciable
1089	1089	18 delay. The Department and Board shall have the authority to
1090	1090	19 review the subject person's record of treatment and counseling
1091	1091	20 regarding the impairment, to the extent permitted by
1092	1092	21 applicable federal statutes and regulations safeguarding the
1093	1093	22 confidentiality of medical records.
1094	1094	23 A person licensed under this Act and affected under this
1095	1095	24 Section shall be afforded an opportunity to demonstrate to the
1096	1096	25 Department or Board that the person can resume practice in
1097	1097	26 compliance with acceptable and prevailing standards under the
1098	1098
1099	1099
1100	1100
1101	1101
1102	1102
1103	1103	SB2450 - 30 - LRB104 12244 BDA 22351 b
1104	1104
1105	1105
1106	1106	SB2450- 31 -LRB104 12244 BDA 22351 b SB2450 - 31 - LRB104 12244 BDA 22351 b
1107	1107	SB2450 - 31 - LRB104 12244 BDA 22351 b
1108	1108	1 provisions of the person's license.
1109	1109	2 (h) The Department may adopt rules to implement,
1110	1110	3 administer, and enforce this Section the changes made by this
1111	1111	4 amendatory Act of the 102nd General Assembly.
1112	1112	5 (Source: P.A. 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25;
1113	1113	6 103-1048, eff. 1-1-25; revised 11-26-24.)
1114	1114	7 Section 20. The Marriage and Family Therapy Licensing Act
1115	1115	8 is amended by changing Section 85 as follows:
1116	1116	9 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
1117	1117	10 (Section scheduled to be repealed on January 1, 2027)
1118	1118	11 Sec. 85. Refusal, revocation, or suspension.
1119	1119	12 (a) The Department may refuse to issue or renew a license,
1120	1120	13 or may revoke, suspend, reprimand, place on probation, or take
1121	1121	14 any other disciplinary or non-disciplinary action as the
1122	1122	15 Department may deem proper, including the imposition of fines
1123	1123	16 not to exceed $10,000 for each violation, with regard to any
1124	1124	17 license issued under the provisions of this Act for any one or
1125	1125	18 combination of the following grounds:
1126	1126	19 (1) Material misstatement in furnishing information to
1127	1127	20 the Department.
1128	1128	21 (2) Violation of any provision of this Act or its
1129	1129	22 rules.
1130	1130	23 (3) Conviction of or entry of a plea of guilty or nolo
1131	1131	24 contendere, finding of guilt, jury verdict, or entry of
1132	1132
1133	1133
1134	1134
1135	1135
1136	1136
1137	1137	SB2450 - 31 - LRB104 12244 BDA 22351 b
1138	1138
1139	1139
1140	1140	SB2450- 32 -LRB104 12244 BDA 22351 b SB2450 - 32 - LRB104 12244 BDA 22351 b
1141	1141	SB2450 - 32 - LRB104 12244 BDA 22351 b
1142	1142	1 judgment or sentencing, including, but not limited to,
1143	1143	2 convictions, preceding sentences of supervision,
1144	1144	3 conditional discharge, or first offender probation, under
1145	1145	4 the laws of any jurisdiction of the United States that is
1146	1146	5 (i) a felony or (ii) a misdemeanor, an essential element
1147	1147	6 of which is dishonesty or that is directly related to the
1148	1148	7 practice of the profession.
1149	1149	8 (4) Fraud or misrepresentation in applying for or
1150	1150	9 procuring a license under this Act or in connection with
1151	1151	10 applying for renewal or restoration of a license under
1152	1152	11 this Act or its rules.
1153	1153	12 (5) Professional incompetence.
1154	1154	13 (6) Gross negligence in practice under this Act.
1155	1155	14 (7) Aiding or assisting another person in violating
1156	1156	15 any provision of this Act or its rules.
1157	1157	16 (8) Failing, within 60 days, to provide information in
1158	1158	17 response to a written request made by the Department.
1159	1159	18 (9) Engaging in dishonorable, unethical, or
1160	1160	19 unprofessional conduct of a character likely to deceive,
1161	1161	20 defraud or harm the public as defined by the rules of the
1162	1162	21 Department, or violating the rules of professional conduct
1163	1163	22 adopted by the Department.
1164	1164	23 (10) Habitual or excessive use or abuse of drugs
1165	1165	24 defined in law as controlled substances, of alcohol, or
1166	1166	25 any other substance that results in the inability to
1167	1167	26 practice with reasonable judgment, skill, or safety.
1168	1168
1169	1169
1170	1170
1171	1171
1172	1172
1173	1173	SB2450 - 32 - LRB104 12244 BDA 22351 b
1174	1174
1175	1175
1176	1176	SB2450- 33 -LRB104 12244 BDA 22351 b SB2450 - 33 - LRB104 12244 BDA 22351 b
1177	1177	SB2450 - 33 - LRB104 12244 BDA 22351 b
1178	1178	1 (11) Discipline by another jurisdiction if at least
1179	1179	2 one of the grounds for the discipline is the same or
1180	1180	3 substantially equivalent to those set forth in this Act.
1181	1181	4 (12) Directly or indirectly giving to or receiving
1182	1182	5 from any person, firm, corporation, partnership, or
1183	1183	6 association any fee, commission, rebate, or other form of
1184	1184	7 compensation for any professional services not actually or
1185	1185	8 personally rendered. Nothing in this paragraph (12)
1186	1186	9 affects any bona fide independent contractor or employment
1187	1187	10 arrangements among health care professionals, health
1188	1188	11 facilities, health care providers, or other entities,
1189	1189	12 except as otherwise prohibited by law. Any employment
1190	1190	13 arrangements may include provisions for compensation,
1191	1191	14 health insurance, pension, or other employment benefits
1192	1192	15 for the provision of services within the scope of the
1193	1193	16 licensee's practice under this Act. Nothing in this
1194	1194	17 paragraph (12) shall be construed to require an employment
1195	1195	18 arrangement to receive professional fees for services
1196	1196	19 rendered.
1197	1197	20 (13) A finding by the Department that the licensee,
1198	1198	21 after having his or her license placed on probationary
1199	1199	22 status, has violated the terms of probation or failed to
1200	1200	23 comply with the terms.
1201	1201	24 (14) Abandonment of a patient without cause.
1202	1202	25 (15) Willfully making or filing false records or
1203	1203	26 reports relating to a licensee's practice, including, but
1204	1204
1205	1205
1206	1206
1207	1207
1208	1208
1209	1209	SB2450 - 33 - LRB104 12244 BDA 22351 b
1210	1210
1211	1211
1212	1212	SB2450- 34 -LRB104 12244 BDA 22351 b SB2450 - 34 - LRB104 12244 BDA 22351 b
1213	1213	SB2450 - 34 - LRB104 12244 BDA 22351 b
1214	1214	1 not limited to, false records filed with State agencies or
1215	1215	2 departments.
1216	1216	3 (16) Willfully failing to report an instance of
1217	1217	4 suspected child abuse or neglect as required by the Abused
1218	1218	5 and Neglected Child Reporting Act.
1219	1219	6 (17) Being named as a perpetrator in an indicated
1220	1220	7 report by the Department of Children and Family Services
1221	1221	8 under the Abused and Neglected Child Reporting Act and
1222	1222	9 upon proof by clear and convincing evidence that the
1223	1223	10 licensee has caused a child to be an abused child or
1224	1224	11 neglected child as defined in the Abused and Neglected
1225	1225	12 Child Reporting Act.
1226	1226	13 (18) Physical illness or mental illness or impairment,
1227	1227	14 including, but not limited to, deterioration through the
1228	1228	15 aging process or loss of motor skill that results in the
1229	1229	16 inability to practice the profession with reasonable
1230	1230	17 judgment, skill, or safety.
1231	1231	18 (19) Solicitation of professional services by using
1232	1232	19 false or misleading advertising.
1233	1233	20 (20) A pattern of practice or other behavior that
1234	1234	21 demonstrates incapacity or incompetence to practice under
1235	1235	22 this Act.
1236	1236	23 (21) Practicing under a false or assumed name, except
1237	1237	24 as provided by law.
1238	1238	25 (22) Gross, willful, and continued overcharging for
1239	1239	26 professional services, including filing false statements
1240	1240
1241	1241
1242	1242
1243	1243
1244	1244
1245	1245	SB2450 - 34 - LRB104 12244 BDA 22351 b
1246	1246
1247	1247
1248	1248	SB2450- 35 -LRB104 12244 BDA 22351 b SB2450 - 35 - LRB104 12244 BDA 22351 b
1249	1249	SB2450 - 35 - LRB104 12244 BDA 22351 b
1250	1250	1 for collection of fees or moneys for which services are
1251	1251	2 not rendered.
1252	1252	3 (23) Failure to establish and maintain records of
1253	1253	4 patient care and treatment as required by law.
1254	1254	5 (24) Cheating on or attempting to subvert the
1255	1255	6 licensing examinations administered under this Act.
1256	1256	7 (25) Willfully failing to report an instance of
1257	1257	8 suspected abuse, neglect, financial exploitation, or
1258	1258	9 self-neglect of an eligible adult as defined in and
1259	1259	10 required by the Adult Protective Services Act.
1260	1260	11 (26) Being named as an abuser in a verified report by
1261	1261	12 the Department on Aging and under the Adult Protective
1262	1262	13 Services Act and upon proof by clear and convincing
1263	1263	14 evidence that the licensee abused, neglected, or
1264	1264	15 financially exploited an eligible adult as defined in the
1265	1265	16 Adult Protective Services Act.
1266	1266	17 (b) (Blank).
1267	1267	18 (c) The determination by a circuit court that a licensee
1268	1268	19 is subject to involuntary admission or judicial admission, as
1269	1269	20 provided in the Mental Health and Developmental Disabilities
1270	1270	21 Code, operates as an automatic suspension. The suspension will
1271	1271	22 terminate only upon a finding by a court that the patient is no
1272	1272	23 longer subject to involuntary admission or judicial admission
1273	1273	24 and the issuance of an order so finding and discharging the
1274	1274	25 patient, and upon the recommendation of the Board to the
1275	1275	26 Secretary that the licensee be allowed to resume his or her
1276	1276
1277	1277
1278	1278
1279	1279
1280	1280
1281	1281	SB2450 - 35 - LRB104 12244 BDA 22351 b
1282	1282
1283	1283
1284	1284	SB2450- 36 -LRB104 12244 BDA 22351 b SB2450 - 36 - LRB104 12244 BDA 22351 b
1285	1285	SB2450 - 36 - LRB104 12244 BDA 22351 b
1286	1286	1 practice as a licensed marriage and family therapist or an
1287	1287	2 associate licensed marriage and family therapist.
1288	1288	3 (d) The Department shall refuse to issue or may suspend
1289	1289	4 the license of any person who fails to file a return, pay the
1290	1290	5 tax, penalty, or interest shown in a filed return or pay any
1291	1291	6 final assessment of tax, penalty, or interest, as required by
1292	1292	7 any tax Act administered by the Illinois Department of
1293	1293	8 Revenue, until the time the requirements of the tax Act are
1294	1294	9 satisfied.
1295	1295	10 (d-5) The Department shall not revoke, suspend, summarily
1296	1296	11 suspend, place on prohibition, reprimand, refuse to issue or
1297	1297	12 renew, or take any other disciplinary or non-disciplinary
1298	1298	13 action against a person's authorization to practice the
1299	1299	14 license or permit issued under this Act to practice as a
1300	1300	15 marriage and family therapist or associate licensed marriage
1301	1301	16 and family therapist based solely upon the person marriage and
1302	1302	17 family therapist or associate licensed marriage and family
1303	1303	18 therapist authorizing, recommending, aiding, assisting,
1304	1304	19 referring for, or otherwise participating in any health care
1305	1305	20 service, so long as the care was not unlawful Unlawful under
1306	1306	21 the laws of this State, regardless of whether the patient was a
1307	1307	22 resident of this State or another state.
1308	1308	23 (d-10) The Department shall not revoke, suspend, summarily
1309	1309	24 suspend, place on prohibition, reprimand, refuse to issue or
1310	1310	25 renew, or take any other disciplinary or non-disciplinary
1311	1311	26 action against a person's authorization to practice the
1312	1312
1313	1313
1314	1314
1315	1315
1316	1316
1317	1317	SB2450 - 36 - LRB104 12244 BDA 22351 b
1318	1318
1319	1319
1320	1320	SB2450- 37 -LRB104 12244 BDA 22351 b SB2450 - 37 - LRB104 12244 BDA 22351 b
1321	1321	SB2450 - 37 - LRB104 12244 BDA 22351 b
1322	1322	1 license or permit issued under this Act to practice as a
1323	1323	2 marriage and family therapist or associate licensed marriage
1324	1324	3 and family therapist based upon the person's marriage and
1325	1325	4 family therapist's or associate licensed marriage and family
1326	1326	5 therapist's license, registration, or permit being revoked or
1327	1327	6 suspended, or the person marriage and family therapist or
1328	1328	7 associate licensed marriage and family therapist being
1329	1329	8 otherwise disciplined, by any other state, if that revocation,
1330	1330	9 suspension, or other form of discipline was based solely on
1331	1331	10 the person marriage and family therapist or associate licensed
1332	1332	11 marriage and family therapist violating another state's laws
1333	1333	12 prohibiting the provision of, authorization of, recommendation
1334	1334	13 of, aiding or assisting in, referring for, or participation in
1335	1335	14 any health care service if that health care service as
1336	1336	15 provided would not have been unlawful under the laws of this
1337	1337	16 State and is consistent with the applicable standard standards
1338	1338	17 of conduct for a person marriage and family therapist or an
1339	1339	18 associate licensed marriage and family therapist practicing in
1340	1340	19 Illinois under this Act.
1341	1341	20 (d-15) The conduct specified in subsection (d-5), (d-10),
1342	1342	21 (d-25), or (d-30) shall not constitute grounds for suspension
1343	1343	22 under Section 145.
1344	1344	23 (d-20) An applicant seeking licensure, certification, or
1345	1345	24 authorization pursuant to this Act who has been subject to
1346	1346	25 disciplinary action by a duly authorized professional
1347	1347	26 disciplinary agency of another jurisdiction solely on the
1348	1348
1349	1349
1350	1350
1351	1351
1352	1352
1353	1353	SB2450 - 37 - LRB104 12244 BDA 22351 b
1354	1354
1355	1355
1356	1356	SB2450- 38 -LRB104 12244 BDA 22351 b SB2450 - 38 - LRB104 12244 BDA 22351 b
1357	1357	SB2450 - 38 - LRB104 12244 BDA 22351 b
1358	1358	1 basis of having authorized, recommended, aided, assisted,
1359	1359	2 referred for, or otherwise participated in health care shall
1360	1360	3 not be denied such licensure, certification, or authorization,
1361	1361	4 unless the Department determines that such action would have
1362	1362	5 constituted professional misconduct in this State; however,
1363	1363	6 nothing in this Section shall be construed as prohibiting the
1364	1364	7 Department from evaluating the conduct of such applicant and
1365	1365	8 making a determination regarding the licensure, certification,
1366	1366	9 or authorization to practice a profession under this Act.
1367	1367	10 (d-25) The Department may not revoke, suspend, summarily
1368	1368	11 suspend, place on prohibition, reprimand, refuse to issue or
1369	1369	12 renew, or take any other disciplinary or non-disciplinary
1370	1370	13 action against a person's authorization to practice the
1371	1371	14 license or permit issued under this Act to practice as a
1372	1372	15 marriage and family therapist or associate licensed marriage
1373	1373	16 and family therapist based solely upon an immigration
1374	1374	17 violation by the person marriage and family therapist or
1375	1375	18 associate licensed marriage and family therapist.
1376	1376	19 (d-30) The Department may not revoke, suspend, summarily
1377	1377	20 suspend, place on prohibition, reprimand, refuse to issue or
1378	1378	21 renew, or take any other disciplinary or non-disciplinary
1379	1379	22 action against a person's authorization to practice the
1380	1380	23 license or permit issued under this Act to practice as a
1381	1381	24 marriage and family therapist or associate licensed marriage
1382	1382	25 and family therapist based upon the person's marriage and
1383	1383	26 family therapist's or associate licensed marriage and family
1384	1384
1385	1385
1386	1386
1387	1387
1388	1388
1389	1389	SB2450 - 38 - LRB104 12244 BDA 22351 b
1390	1390
1391	1391
1392	1392	SB2450- 39 -LRB104 12244 BDA 22351 b SB2450 - 39 - LRB104 12244 BDA 22351 b
1393	1393	SB2450 - 39 - LRB104 12244 BDA 22351 b
1394	1394	1 therapist's license, registration, or permit being revoked or
1395	1395	2 suspended, or the person marriage and family therapist or
1396	1396	3 associate licensed marriage and family therapist being
1397	1397	4 otherwise disciplined, by any other state, if that revocation,
1398	1398	5 suspension, or other form of discipline was based solely upon
1399	1399	6 an immigration violation by the person marriage and family
1400	1400	7 therapist or associate licensed marriage and family therapist.
1401	1401	8 (e) In enforcing this Section, the Department or Board
1402	1402	9 upon a showing of a possible violation may compel an
1403	1403	10 individual licensed to practice under this Act, or who has
1404	1404	11 applied for licensure under this Act, to submit to a mental or
1405	1405	12 physical examination, or both, which may include a substance
1406	1406	13 abuse or sexual offender evaluation, as required by and at the
1407	1407	14 expense of the Department.
1408	1408	15 The Department shall specifically designate the examining
1409	1409	16 physician licensed to practice medicine in all of its branches
1410	1410	17 or, if applicable, the multidisciplinary team involved in
1411	1411	18 providing the mental or physical examination or both. The
1412	1412	19 multidisciplinary team shall be led by a physician licensed to
1413	1413	20 practice medicine in all of its branches and may consist of one
1414	1414	21 or more or a combination of physicians licensed to practice
1415	1415	22 medicine in all of its branches, licensed clinical
1416	1416	23 psychologists, licensed clinical social workers, licensed
1417	1417	24 clinical professional counselors, licensed marriage and family
1418	1418	25 therapists, and other professional and administrative staff.
1419	1419	26 Any examining physician or member of the multidisciplinary
1420	1420
1421	1421
1422	1422
1423	1423
1424	1424
1425	1425	SB2450 - 39 - LRB104 12244 BDA 22351 b
1426	1426
1427	1427
1428	1428	SB2450- 40 -LRB104 12244 BDA 22351 b SB2450 - 40 - LRB104 12244 BDA 22351 b
1429	1429	SB2450 - 40 - LRB104 12244 BDA 22351 b
1430	1430	1 team may require any person ordered to submit to an
1431	1431	2 examination and evaluation pursuant to this Section to submit
1432	1432	3 to any additional supplemental testing deemed necessary to
1433	1433	4 complete any examination or evaluation process, including, but
1434	1434	5 not limited to, blood testing, urinalysis, psychological
1435	1435	6 testing, or neuropsychological testing.
1436	1436	7 The Department may order the examining physician or any
1437	1437	8 member of the multidisciplinary team to provide to the
1438	1438	9 Department any and all records, including business records,
1439	1439	10 that relate to the examination and evaluation, including any
1440	1440	11 supplemental testing performed.
1441	1441	12 The Department or Board may order the examining physician
1442	1442	13 or any member of the multidisciplinary team to present
1443	1443	14 testimony concerning the mental or physical examination of the
1444	1444	15 licensee or applicant. No information, report, record, or
1445	1445	16 other documents in any way related to the examination shall be
1446	1446	17 excluded by reason of any common law or statutory privilege
1447	1447	18 relating to communications between the licensee or applicant
1448	1448	19 and the examining physician or any member of the
1449	1449	20 multidisciplinary team. No authorization is necessary from the
1450	1450	21 licensee or applicant ordered to undergo an examination for
1451	1451	22 the examining physician or any member of the multidisciplinary
1452	1452	23 team to provide information, reports, records, or other
1453	1453	24 documents or to provide any testimony regarding the
1454	1454	25 examination and evaluation.
1455	1455	26 The individual to be examined may have, at his or her own
1456	1456
1457	1457
1458	1458
1459	1459
1460	1460
1461	1461	SB2450 - 40 - LRB104 12244 BDA 22351 b
1462	1462
1463	1463
1464	1464	SB2450- 41 -LRB104 12244 BDA 22351 b SB2450 - 41 - LRB104 12244 BDA 22351 b
1465	1465	SB2450 - 41 - LRB104 12244 BDA 22351 b
1466	1466	1 expense, another physician of his or her choice present during
1467	1467	2 all aspects of this examination. However, that physician shall
1468	1468	3 be present only to observe and may not interfere in any way
1469	1469	4 with the examination.
1470	1470	5 Failure of an individual to submit to a mental or physical
1471	1471	6 examination, when ordered, shall result in an automatic
1472	1472	7 suspension of his or her license until the individual submits
1473	1473	8 to the examination.
1474	1474	9 If the Department or Board finds an individual unable to
1475	1475	10 practice because of the reasons set forth in this Section, the
1476	1476	11 Department or Board may require that individual to submit to
1477	1477	12 care, counseling, or treatment by physicians approved or
1478	1478	13 designated by the Department or Board, as a condition, term,
1479	1479	14 or restriction for continued, reinstated, or renewed licensure
1480	1480	15 to practice; or, in lieu of care, counseling, or treatment,
1481	1481	16 the Department may file, or the Board may recommend to the
1482	1482	17 Department to file, a complaint to immediately suspend,
1483	1483	18 revoke, or otherwise discipline the license of the individual.
1484	1484	19 An individual whose license was granted, continued,
1485	1485	20 reinstated, renewed, disciplined, or supervised subject to
1486	1486	21 such terms, conditions, or restrictions, and who fails to
1487	1487	22 comply with such terms, conditions, or restrictions, shall be
1488	1488	23 referred to the Secretary for a determination as to whether
1489	1489	24 the individual shall have his or her license suspended
1490	1490	25 immediately, pending a hearing by the Department.
1491	1491	26 In instances in which the Secretary immediately suspends a
1492	1492
1493	1493
1494	1494
1495	1495
1496	1496
1497	1497	SB2450 - 41 - LRB104 12244 BDA 22351 b
1498	1498
1499	1499
1500	1500	SB2450- 42 -LRB104 12244 BDA 22351 b SB2450 - 42 - LRB104 12244 BDA 22351 b
1501	1501	SB2450 - 42 - LRB104 12244 BDA 22351 b
1502	1502	1 person's license under this Section, a hearing on that
1503	1503	2 person's license must be convened by the Department within 30
1504	1504	3 days after the suspension and completed without appreciable
1505	1505	4 delay. The Department and Board shall have the authority to
1506	1506	5 review the subject individual's record of treatment and
1507	1507	6 counseling regarding the impairment to the extent permitted by
1508	1508	7 applicable federal statutes and regulations safeguarding the
1509	1509	8 confidentiality of medical records.
1510	1510	9 An individual licensed under this Act and affected under
1511	1511	10 this Section shall be afforded an opportunity to demonstrate
1512	1512	11 to the Department or Board that he or she can resume practice
1513	1513	12 in compliance with acceptable and prevailing standards under
1514	1514	13 the provisions of his or her license.
1515	1515	14 (f) A fine shall be paid within 60 days after the effective
1516	1516	15 date of the order imposing the fine or in accordance with the
1517	1517	16 terms set forth in the order imposing the fine.
1518	1518	17 (g) The Department may adopt rules to implement,
1519	1519	18 administer, and enforce this Section the changes made by this
1520	1520	19 amendatory Act of the 102nd General Assembly.
1521	1521	20 (Source: P.A. 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25.)
1522	1522	21 Section 25. The Medical Practice Act of 1987 is amended by
1523	1523	22 changing Sections 22 and 23 as follows:
1524	1524	23 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
1525	1525	24 (Section scheduled to be repealed on January 1, 2027)
1526	1526
1527	1527
1528	1528
1529	1529
1530	1530
1531	1531	SB2450 - 42 - LRB104 12244 BDA 22351 b
1532	1532
1533	1533
1534	1534	SB2450- 43 -LRB104 12244 BDA 22351 b SB2450 - 43 - LRB104 12244 BDA 22351 b
1535	1535	SB2450 - 43 - LRB104 12244 BDA 22351 b
1536	1536	1 Sec. 22. Disciplinary action.
1537	1537	2 (A) The Department may revoke, suspend, place on
1538	1538	3 probation, reprimand, refuse to issue or renew, or take any
1539	1539	4 other disciplinary or non-disciplinary action as the
1540	1540	5 Department may deem proper with regard to the license or
1541	1541	6 permit of any person issued under this Act, including imposing
1542	1542	7 fines not to exceed $10,000 for each violation, upon any of the
1543	1543	8 following grounds:
1544	1544	9 (1) (Blank).
1545	1545	10 (2) (Blank).
1546	1546	11 (3) A plea of guilty or nolo contendere, finding of
1547	1547	12 guilt, jury verdict, or entry of judgment or sentencing,
1548	1548	13 including, but not limited to, convictions, preceding
1549	1549	14 sentences of supervision, conditional discharge, or first
1550	1550	15 offender probation, under the laws of any jurisdiction of
1551	1551	16 the United States of any crime that is a felony.
1552	1552	17 (4) Gross negligence in practice under this Act.
1553	1553	18 (5) Engaging in dishonorable, unethical, or
1554	1554	19 unprofessional conduct of a character likely to deceive,
1555	1555	20 defraud, or harm the public.
1556	1556	21 (6) Obtaining any fee by fraud, deceit, or
1557	1557	22 misrepresentation.
1558	1558	23 (7) Habitual or excessive use or abuse of drugs
1559	1559	24 defined in law as controlled substances, of alcohol, or of
1560	1560	25 any other substances which results in the inability to
1561	1561	26 practice with reasonable judgment, skill, or safety.
1562	1562
1563	1563
1564	1564
1565	1565
1566	1566
1567	1567	SB2450 - 43 - LRB104 12244 BDA 22351 b
1568	1568
1569	1569
1570	1570	SB2450- 44 -LRB104 12244 BDA 22351 b SB2450 - 44 - LRB104 12244 BDA 22351 b
1571	1571	SB2450 - 44 - LRB104 12244 BDA 22351 b
1572	1572	1 (8) Practicing under a false or, except as provided by
1573	1573	2 law, an assumed name.
1574	1574	3 (9) Fraud or misrepresentation in applying for, or
1575	1575	4 procuring, a license under this Act or in connection with
1576	1576	5 applying for renewal of a license under this Act.
1577	1577	6 (10) Making a false or misleading statement regarding
1578	1578	7 their skill or the efficacy or value of the medicine,
1579	1579	8 treatment, or remedy prescribed by them at their direction
1580	1580	9 in the treatment of any disease or other condition of the
1581	1581	10 body or mind.
1582	1582	11 (11) Allowing another person or organization to use
1583	1583	12 their license, procured under this Act, to practice.
1584	1584	13 (12) Adverse action taken by another state or
1585	1585	14 jurisdiction against a license or other authorization to
1586	1586	15 practice as a medical doctor, doctor of osteopathy, doctor
1587	1587	16 of osteopathic medicine, or doctor of chiropractic, a
1588	1588	17 certified copy of the record of the action taken by the
1589	1589	18 other state or jurisdiction being prima facie evidence
1590	1590	19 thereof. This includes any adverse action taken by a State
1591	1591	20 or federal agency that prohibits a medical doctor, doctor
1592	1592	21 of osteopathy, doctor of osteopathic medicine, or doctor
1593	1593	22 of chiropractic from providing services to the agency's
1594	1594	23 participants.
1595	1595	24 (13) Violation of any provision of this Act or of the
1596	1596	25 Medical Practice Act prior to the repeal of that Act, or
1597	1597	26 violation of the rules, or a final administrative action
1598	1598
1599	1599
1600	1600
1601	1601
1602	1602
1603	1603	SB2450 - 44 - LRB104 12244 BDA 22351 b
1604	1604
1605	1605
1606	1606	SB2450- 45 -LRB104 12244 BDA 22351 b SB2450 - 45 - LRB104 12244 BDA 22351 b
1607	1607	SB2450 - 45 - LRB104 12244 BDA 22351 b
1608	1608	1 of the Secretary, after consideration of the
1609	1609	2 recommendation of the Medical Board.
1610	1610	3 (14) Violation of the prohibition against fee
1611	1611	4 splitting in Section 22.2 of this Act.
1612	1612	5 (15) A finding by the Medical Board that the
1613	1613	6 registrant after having his or her license placed on
1614	1614	7 probationary status or subjected to conditions or
1615	1615	8 restrictions violated the terms of the probation or failed
1616	1616	9 to comply with such terms or conditions.
1617	1617	10 (16) Abandonment of a patient.
1618	1618	11 (17) Prescribing, selling, administering,
1619	1619	12 distributing, giving, or self-administering any drug
1620	1620	13 classified as a controlled substance (designated product)
1621	1621	14 or narcotic for other than medically accepted therapeutic
1622	1622	15 purposes.
1623	1623	16 (18) Promotion of the sale of drugs, devices,
1624	1624	17 appliances, or goods provided for a patient in such manner
1625	1625	18 as to exploit the patient for financial gain of the
1626	1626	19 physician.
1627	1627	20 (19) Offering, undertaking, or agreeing to cure or
1628	1628	21 treat disease by a secret method, procedure, treatment, or
1629	1629	22 medicine, or the treating, operating, or prescribing for
1630	1630	23 any human condition by a method, means, or procedure which
1631	1631	24 the licensee refuses to divulge upon demand of the
1632	1632	25 Department.
1633	1633	26 (20) Immoral conduct in the commission of any act,
1634	1634
1635	1635
1636	1636
1637	1637
1638	1638
1639	1639	SB2450 - 45 - LRB104 12244 BDA 22351 b
1640	1640
1641	1641
1642	1642	SB2450- 46 -LRB104 12244 BDA 22351 b SB2450 - 46 - LRB104 12244 BDA 22351 b
1643	1643	SB2450 - 46 - LRB104 12244 BDA 22351 b
1644	1644	1 including, but not limited to, commission of an act of
1645	1645	2 sexual misconduct related to the licensee's practice.
1646	1646	3 (21) Willfully making or filing false records or
1647	1647	4 reports in his or her practice as a physician, including,
1648	1648	5 but not limited to, false records to support claims
1649	1649	6 against the medical assistance program of the Department
1650	1650	7 of Healthcare and Family Services (formerly Department of
1651	1651	8 Public Aid) under the Illinois Public Aid Code.
1652	1652	9 (22) Willful omission to file or record, or willfully
1653	1653	10 impeding the filing or recording, or inducing another
1654	1654	11 person to omit to file or record, medical reports as
1655	1655	12 required by law, or willfully failing to report an
1656	1656	13 instance of suspected abuse or neglect as required by law.
1657	1657	14 (23) Being named as a perpetrator in an indicated
1658	1658	15 report by the Department of Children and Family Services
1659	1659	16 under the Abused and Neglected Child Reporting Act, and
1660	1660	17 upon proof by clear and convincing evidence that the
1661	1661	18 licensee has caused a child to be an abused child or
1662	1662	19 neglected child as defined in the Abused and Neglected
1663	1663	20 Child Reporting Act.
1664	1664	21 (24) Solicitation of professional patronage by any
1665	1665	22 corporation, agents, or persons, or profiting from those
1666	1666	23 representing themselves to be agents of the licensee.
1667	1667	24 (25) Gross and willful and continued overcharging for
1668	1668	25 professional services, including filing false statements
1669	1669	26 for collection of fees for which services are not
1670	1670
1671	1671
1672	1672
1673	1673
1674	1674
1675	1675	SB2450 - 46 - LRB104 12244 BDA 22351 b
1676	1676
1677	1677
1678	1678	SB2450- 47 -LRB104 12244 BDA 22351 b SB2450 - 47 - LRB104 12244 BDA 22351 b
1679	1679	SB2450 - 47 - LRB104 12244 BDA 22351 b
1680	1680	1 rendered, including, but not limited to, filing such false
1681	1681	2 statements for collection of monies for services not
1682	1682	3 rendered from the medical assistance program of the
1683	1683	4 Department of Healthcare and Family Services (formerly
1684	1684	5 Department of Public Aid) under the Illinois Public Aid
1685	1685	6 Code.
1686	1686	7 (26) A pattern of practice or other behavior which
1687	1687	8 demonstrates incapacity or incompetence to practice under
1688	1688	9 this Act.
1689	1689	10 (27) Mental illness or disability which results in the
1690	1690	11 inability to practice under this Act with reasonable
1691	1691	12 judgment, skill, or safety.
1692	1692	13 (28) Physical illness, including, but not limited to,
1693	1693	14 deterioration through the aging process, or loss of motor
1694	1694	15 skill which results in a physician's inability to practice
1695	1695	16 under this Act with reasonable judgment, skill, or safety.
1696	1696	17 (29) Cheating on or attempting to subvert the
1697	1697	18 licensing examinations administered under this Act.
1698	1698	19 (30) Willfully or negligently violating the
1699	1699	20 confidentiality between physician and patient except as
1700	1700	21 required by law.
1701	1701	22 (31) The use of any false, fraudulent, or deceptive
1702	1702	23 statement in any document connected with practice under
1703	1703	24 this Act.
1704	1704	25 (32) Aiding and abetting an individual not licensed
1705	1705	26 under this Act in the practice of a profession licensed
1706	1706
1707	1707
1708	1708
1709	1709
1710	1710
1711	1711	SB2450 - 47 - LRB104 12244 BDA 22351 b
1712	1712
1713	1713
1714	1714	SB2450- 48 -LRB104 12244 BDA 22351 b SB2450 - 48 - LRB104 12244 BDA 22351 b
1715	1715	SB2450 - 48 - LRB104 12244 BDA 22351 b
1716	1716	1 under this Act.
1717	1717	2 (33) Violating State or federal laws or regulations
1718	1718	3 relating to controlled substances, legend drugs, or
1719	1719	4 ephedra as defined in the Ephedra Prohibition Act.
1720	1720	5 (34) Failure to report to the Department any adverse
1721	1721	6 final action taken against them by another licensing
1722	1722	7 jurisdiction (any other state or any territory of the
1723	1723	8 United States or any foreign state or country), by any
1724	1724	9 peer review body, by any health care institution, by any
1725	1725	10 professional society or association related to practice
1726	1726	11 under this Act, by any governmental agency, by any law
1727	1727	12 enforcement agency, or by any court for acts or conduct
1728	1728	13 similar to acts or conduct which would constitute grounds
1729	1729	14 for action as defined in this Section.
1730	1730	15 (35) Failure to report to the Department surrender of
1731	1731	16 a license or authorization to practice as a medical
1732	1732	17 doctor, a doctor of osteopathy, a doctor of osteopathic
1733	1733	18 medicine, or doctor of chiropractic in another state or
1734	1734	19 jurisdiction, or surrender of membership on any medical
1735	1735	20 staff or in any medical or professional association or
1736	1736	21 society, while under disciplinary investigation by any of
1737	1737	22 those authorities or bodies, for acts or conduct similar
1738	1738	23 to acts or conduct which would constitute grounds for
1739	1739	24 action as defined in this Section.
1740	1740	25 (36) Failure to report to the Department any adverse
1741	1741	26 judgment, settlement, or award arising from a liability
1742	1742
1743	1743
1744	1744
1745	1745
1746	1746
1747	1747	SB2450 - 48 - LRB104 12244 BDA 22351 b
1748	1748
1749	1749
1750	1750	SB2450- 49 -LRB104 12244 BDA 22351 b SB2450 - 49 - LRB104 12244 BDA 22351 b
1751	1751	SB2450 - 49 - LRB104 12244 BDA 22351 b
1752	1752	1 claim related to acts or conduct similar to acts or
1753	1753	2 conduct which would constitute grounds for action as
1754	1754	3 defined in this Section.
1755	1755	4 (37) Failure to provide copies of medical records as
1756	1756	5 required by law.
1757	1757	6 (38) Failure to furnish the Department, its
1758	1758	7 investigators or representatives, relevant information,
1759	1759	8 legally requested by the Department after consultation
1760	1760	9 with the Chief Medical Coordinator or the Deputy Medical
1761	1761	10 Coordinator.
1762	1762	11 (39) Violating the Health Care Worker Self-Referral
1763	1763	12 Act.
1764	1764	13 (40) (Blank).
1765	1765	14 (41) Failure to establish and maintain records of
1766	1766	15 patient care and treatment as required by this law.
1767	1767	16 (42) Entering into an excessive number of written
1768	1768	17 collaborative agreements with licensed advanced practice
1769	1769	18 registered nurses resulting in an inability to adequately
1770	1770	19 collaborate.
1771	1771	20 (43) Repeated failure to adequately collaborate with a
1772	1772	21 licensed advanced practice registered nurse.
1773	1773	22 (44) Violating the Compassionate Use of Medical
1774	1774	23 Cannabis Program Act.
1775	1775	24 (45) Entering into an excessive number of written
1776	1776	25 collaborative agreements with licensed prescribing
1777	1777	26 psychologists resulting in an inability to adequately
1778	1778
1779	1779
1780	1780
1781	1781
1782	1782
1783	1783	SB2450 - 49 - LRB104 12244 BDA 22351 b
1784	1784
1785	1785
1786	1786	SB2450- 50 -LRB104 12244 BDA 22351 b SB2450 - 50 - LRB104 12244 BDA 22351 b
1787	1787	SB2450 - 50 - LRB104 12244 BDA 22351 b
1788	1788	1 collaborate.
1789	1789	2 (46) Repeated failure to adequately collaborate with a
1790	1790	3 licensed prescribing psychologist.
1791	1791	4 (47) Willfully failing to report an instance of
1792	1792	5 suspected abuse, neglect, financial exploitation, or
1793	1793	6 self-neglect of an eligible adult as defined in and
1794	1794	7 required by the Adult Protective Services Act.
1795	1795	8 (48) Being named as an abuser in a verified report by
1796	1796	9 the Department on Aging under the Adult Protective
1797	1797	10 Services Act, and upon proof by clear and convincing
1798	1798	11 evidence that the licensee abused, neglected, or
1799	1799	12 financially exploited an eligible adult as defined in the
1800	1800	13 Adult Protective Services Act.
1801	1801	14 (49) Entering into an excessive number of written
1802	1802	15 collaborative agreements with licensed physician
1803	1803	16 assistants resulting in an inability to adequately
1804	1804	17 collaborate.
1805	1805	18 (50) Repeated failure to adequately collaborate with a
1806	1806	19 physician assistant.
1807	1807	20 Except for actions involving the ground numbered (26), all
1808	1808	21 proceedings to suspend, revoke, place on probationary status,
1809	1809	22 or take any other disciplinary action as the Department may
1810	1810	23 deem proper, with regard to a license on any of the foregoing
1811	1811	24 grounds, must be commenced within 5 years next after receipt
1812	1812	25 by the Department of a complaint alleging the commission of or
1813	1813	26 notice of the conviction order for any of the acts described
1814	1814
1815	1815
1816	1816
1817	1817
1818	1818
1819	1819	SB2450 - 50 - LRB104 12244 BDA 22351 b
1820	1820
1821	1821
1822	1822	SB2450- 51 -LRB104 12244 BDA 22351 b SB2450 - 51 - LRB104 12244 BDA 22351 b
1823	1823	SB2450 - 51 - LRB104 12244 BDA 22351 b
1824	1824	1 herein. Except for the grounds numbered (8), (9), (26), and
1825	1825	2 (29), no action shall be commenced more than 10 years after the
1826	1826	3 date of the incident or act alleged to have violated this
1827	1827	4 Section. For actions involving the ground numbered (26), a
1828	1828	5 pattern of practice or other behavior includes all incidents
1829	1829	6 alleged to be part of the pattern of practice or other behavior
1830	1830	7 that occurred, or a report pursuant to Section 23 of this Act
1831	1831	8 received, within the 10-year period preceding the filing of
1832	1832	9 the complaint. In the event of the settlement of any claim or
1833	1833	10 cause of action in favor of the claimant or the reduction to
1834	1834	11 final judgment of any civil action in favor of the plaintiff,
1835	1835	12 such claim, cause of action, or civil action being grounded on
1836	1836	13 the allegation that a person licensed under this Act was
1837	1837	14 negligent in providing care, the Department shall have an
1838	1838	15 additional period of 2 years from the date of notification to
1839	1839	16 the Department under Section 23 of this Act of such settlement
1840	1840	17 or final judgment in which to investigate and commence formal
1841	1841	18 disciplinary proceedings under Section 36 of this Act, except
1842	1842	19 as otherwise provided by law. The time during which the holder
1843	1843	20 of the license was outside the State of Illinois shall not be
1844	1844	21 included within any period of time limiting the commencement
1845	1845	22 of disciplinary action by the Department.
1846	1846	23 The entry of an order or judgment by any circuit court
1847	1847	24 establishing that any person holding a license under this Act
1848	1848	25 is a person in need of mental treatment operates as a
1849	1849	26 suspension of that license. That person may resume his or her
1850	1850
1851	1851
1852	1852
1853	1853
1854	1854
1855	1855	SB2450 - 51 - LRB104 12244 BDA 22351 b
1856	1856
1857	1857
1858	1858	SB2450- 52 -LRB104 12244 BDA 22351 b SB2450 - 52 - LRB104 12244 BDA 22351 b
1859	1859	SB2450 - 52 - LRB104 12244 BDA 22351 b
1860	1860	1 practice only upon the entry of a Departmental order based
1861	1861	2 upon a finding by the Medical Board that the person has been
1862	1862	3 determined to be recovered from mental illness by the court
1863	1863	4 and upon the Medical Board's recommendation that the person be
1864	1864	5 permitted to resume his or her practice.
1865	1865	6 The Department may refuse to issue or take disciplinary
1866	1866	7 action concerning the license of any person who fails to file a
1867	1867	8 return, or to pay the tax, penalty, or interest shown in a
1868	1868	9 filed return, or to pay any final assessment of tax, penalty,
1869	1869	10 or interest, as required by any tax Act administered by the
1870	1870	11 Illinois Department of Revenue, until such time as the
1871	1871	12 requirements of any such tax Act are satisfied as determined
1872	1872	13 by the Illinois Department of Revenue.
1873	1873	14 The Department, upon the recommendation of the Medical
1874	1874	15 Board, shall adopt rules which set forth standards to be used
1875	1875	16 in determining:
1876	1876	17 (a) when a person will be deemed sufficiently
1877	1877	18 rehabilitated to warrant the public trust;
1878	1878	19 (b) what constitutes dishonorable, unethical, or
1879	1879	20 unprofessional conduct of a character likely to deceive,
1880	1880	21 defraud, or harm the public;
1881	1881	22 (c) what constitutes immoral conduct in the commission
1882	1882	23 of any act, including, but not limited to, commission of
1883	1883	24 an act of sexual misconduct related to the licensee's
1884	1884	25 practice; and
1885	1885	26 (d) what constitutes gross negligence in the practice
1886	1886
1887	1887
1888	1888
1889	1889
1890	1890
1891	1891	SB2450 - 52 - LRB104 12244 BDA 22351 b
1892	1892
1893	1893
1894	1894	SB2450- 53 -LRB104 12244 BDA 22351 b SB2450 - 53 - LRB104 12244 BDA 22351 b
1895	1895	SB2450 - 53 - LRB104 12244 BDA 22351 b
1896	1896	1 of medicine.
1897	1897	2 However, no such rule shall be admissible into evidence in
1898	1898	3 any civil action except for review of a licensing or other
1899	1899	4 disciplinary action under this Act.
1900	1900	5 In enforcing this Section, the Medical Board, upon a
1901	1901	6 showing of a possible violation, may compel any individual who
1902	1902	7 is licensed to practice under this Act or holds a permit to
1903	1903	8 practice under this Act, or any individual who has applied for
1904	1904	9 licensure or a permit pursuant to this Act, to submit to a
1905	1905	10 mental or physical examination and evaluation, or both, which
1906	1906	11 may include a substance abuse or sexual offender evaluation,
1907	1907	12 as required by the Medical Board and at the expense of the
1908	1908	13 Department. The Medical Board shall specifically designate the
1909	1909	14 examining physician licensed to practice medicine in all of
1910	1910	15 its branches or, if applicable, the multidisciplinary team
1911	1911	16 involved in providing the mental or physical examination and
1912	1912	17 evaluation, or both. The multidisciplinary team shall be led
1913	1913	18 by a physician licensed to practice medicine in all of its
1914	1914	19 branches and may consist of one or more or a combination of
1915	1915	20 physicians licensed to practice medicine in all of its
1916	1916	21 branches, licensed chiropractic physicians, licensed clinical
1917	1917	22 psychologists, licensed clinical social workers, licensed
1918	1918	23 clinical professional counselors, and other professional and
1919	1919	24 administrative staff. Any examining physician or member of the
1920	1920	25 multidisciplinary team may require any person ordered to
1921	1921	26 submit to an examination and evaluation pursuant to this
1922	1922
1923	1923
1924	1924
1925	1925
1926	1926
1927	1927	SB2450 - 53 - LRB104 12244 BDA 22351 b
1928	1928
1929	1929
1930	1930	SB2450- 54 -LRB104 12244 BDA 22351 b SB2450 - 54 - LRB104 12244 BDA 22351 b
1931	1931	SB2450 - 54 - LRB104 12244 BDA 22351 b
1932	1932	1 Section to submit to any additional supplemental testing
1933	1933	2 deemed necessary to complete any examination or evaluation
1934	1934	3 process, including, but not limited to, blood testing,
1935	1935	4 urinalysis, psychological testing, or neuropsychological
1936	1936	5 testing. The Medical Board or the Department may order the
1937	1937	6 examining physician or any member of the multidisciplinary
1938	1938	7 team to provide to the Department or the Medical Board any and
1939	1939	8 all records, including business records, that relate to the
1940	1940	9 examination and evaluation, including any supplemental testing
1941	1941	10 performed. The Medical Board or the Department may order the
1942	1942	11 examining physician or any member of the multidisciplinary
1943	1943	12 team to present testimony concerning this examination and
1944	1944	13 evaluation of the licensee, permit holder, or applicant,
1945	1945	14 including testimony concerning any supplemental testing or
1946	1946	15 documents relating to the examination and evaluation. No
1947	1947	16 information, report, record, or other documents in any way
1948	1948	17 related to the examination and evaluation shall be excluded by
1949	1949	18 reason of any common law or statutory privilege relating to
1950	1950	19 communication between the licensee, permit holder, or
1951	1951	20 applicant and the examining physician or any member of the
1952	1952	21 multidisciplinary team. No authorization is necessary from the
1953	1953	22 licensee, permit holder, or applicant ordered to undergo an
1954	1954	23 evaluation and examination for the examining physician or any
1955	1955	24 member of the multidisciplinary team to provide information,
1956	1956	25 reports, records, or other documents or to provide any
1957	1957	26 testimony regarding the examination and evaluation. The
1958	1958
1959	1959
1960	1960
1961	1961
1962	1962
1963	1963	SB2450 - 54 - LRB104 12244 BDA 22351 b
1964	1964
1965	1965
1966	1966	SB2450- 55 -LRB104 12244 BDA 22351 b SB2450 - 55 - LRB104 12244 BDA 22351 b
1967	1967	SB2450 - 55 - LRB104 12244 BDA 22351 b
1968	1968	1 individual to be examined may have, at his or her own expense,
1969	1969	2 another physician of his or her choice present during all
1970	1970	3 aspects of the examination. Failure of any individual to
1971	1971	4 submit to mental or physical examination and evaluation, or
1972	1972	5 both, when directed, shall result in an automatic suspension,
1973	1973	6 without hearing, until such time as the individual submits to
1974	1974	7 the examination. If the Medical Board finds a physician unable
1975	1975	8 to practice following an examination and evaluation because of
1976	1976	9 the reasons set forth in this Section, the Medical Board shall
1977	1977	10 require such physician to submit to care, counseling, or
1978	1978	11 treatment by physicians, or other health care professionals,
1979	1979	12 approved or designated by the Medical Board, as a condition
1980	1980	13 for issued, continued, reinstated, or renewed licensure to
1981	1981	14 practice. Any physician, whose license was granted pursuant to
1982	1982	15 Section 9, 17, or 19 of this Act, or, continued, reinstated,
1983	1983	16 renewed, disciplined, or supervised, subject to such terms,
1984	1984	17 conditions, or restrictions who shall fail to comply with such
1985	1985	18 terms, conditions, or restrictions, or to complete a required
1986	1986	19 program of care, counseling, or treatment, as determined by
1987	1987	20 the Chief Medical Coordinator or Deputy Medical Coordinators,
1988	1988	21 shall be referred to the Secretary for a determination as to
1989	1989	22 whether the licensee shall have his or her license suspended
1990	1990	23 immediately, pending a hearing by the Medical Board. In
1991	1991	24 instances in which the Secretary immediately suspends a
1992	1992	25 license under this Section, a hearing upon such person's
1993	1993	26 license must be convened by the Medical Board within 15 days
1994	1994
1995	1995
1996	1996
1997	1997
1998	1998
1999	1999	SB2450 - 55 - LRB104 12244 BDA 22351 b
2000	2000
2001	2001
2002	2002	SB2450- 56 -LRB104 12244 BDA 22351 b SB2450 - 56 - LRB104 12244 BDA 22351 b
2003	2003	SB2450 - 56 - LRB104 12244 BDA 22351 b
2004	2004	1 after such suspension and completed without appreciable delay.
2005	2005	2 The Medical Board shall have the authority to review the
2006	2006	3 subject physician's record of treatment and counseling
2007	2007	4 regarding the impairment, to the extent permitted by
2008	2008	5 applicable federal statutes and regulations safeguarding the
2009	2009	6 confidentiality of medical records.
2010	2010	7 An individual licensed under this Act, affected under this
2011	2011	8 Section, shall be afforded an opportunity to demonstrate to
2012	2012	9 the Medical Board that he or she can resume practice in
2013	2013	10 compliance with acceptable and prevailing standards under the
2014	2014	11 provisions of his or her license.
2015	2015	12 The Medical Board, in determining mental capacity of an
2016	2016	13 individual licensed under this Act, shall consider the latest
2017	2017	14 recommendations of the Federation of State Medical Boards.
2018	2018	15 The Department may promulgate rules for the imposition of
2019	2019	16 fines in disciplinary cases, not to exceed $10,000 for each
2020	2020	17 violation of this Act. Fines may be imposed in conjunction
2021	2021	18 with other forms of disciplinary action, but shall not be the
2022	2022	19 exclusive disposition of any disciplinary action arising out
2023	2023	20 of conduct resulting in death or injury to a patient. Any funds
2024	2024	21 collected from such fines shall be deposited in the Illinois
2025	2025	22 State Medical Disciplinary Fund.
2026	2026	23 All fines imposed under this Section shall be paid within
2027	2027	24 60 days after the effective date of the order imposing the fine
2028	2028	25 or in accordance with the terms set forth in the order imposing
2029	2029	26 the fine.
2030	2030
2031	2031
2032	2032
2033	2033
2034	2034
2035	2035	SB2450 - 56 - LRB104 12244 BDA 22351 b
2036	2036
2037	2037
2038	2038	SB2450- 57 -LRB104 12244 BDA 22351 b SB2450 - 57 - LRB104 12244 BDA 22351 b
2039	2039	SB2450 - 57 - LRB104 12244 BDA 22351 b
2040	2040	1 (B) The Department shall revoke the license or permit
2041	2041	2 issued under this Act to practice medicine of or a
2042	2042	3 chiropractic physician who has been convicted a second time of
2043	2043	4 committing any felony under the Illinois Controlled Substances
2044	2044	5 Act or the Methamphetamine Control and Community Protection
2045	2045	6 Act, or who has been convicted a second time of committing a
2046	2046	7 Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
2047	2047	8 Public Aid Code. A person whose license or permit is revoked
2048	2048	9 under this subsection (B) B shall be prohibited from
2049	2049	10 practicing medicine or treating human ailments without the use
2050	2050	11 of drugs and without operative surgery.
2051	2051	12 (C) The Department shall not revoke, suspend, place on
2052	2052	13 probation, reprimand, refuse to issue or renew, or take any
2053	2053	14 other disciplinary or non-disciplinary action against a
2054	2054	15 person's authorization to practice the license or permit
2055	2055	16 issued under this Act to practice medicine to a physician:
2056	2056	17 (1) based solely upon the recommendation of the person
2057	2057	18 physician to an eligible patient regarding, or
2058	2058	19 prescription for, or treatment with, an investigational
2059	2059	20 drug, biological product, or device;
2060	2060	21 (2) for experimental treatment for Lyme disease or
2061	2061	22 other tick-borne diseases, including, but not limited to,
2062	2062	23 the prescription of or treatment with long-term
2063	2063	24 antibiotics;
2064	2064	25 (3) based solely upon the person physician providing,
2065	2065	26 authorizing, recommending, aiding, assisting, referring
2066	2066
2067	2067
2068	2068
2069	2069
2070	2070
2071	2071	SB2450 - 57 - LRB104 12244 BDA 22351 b
2072	2072
2073	2073
2074	2074	SB2450- 58 -LRB104 12244 BDA 22351 b SB2450 - 58 - LRB104 12244 BDA 22351 b
2075	2075	SB2450 - 58 - LRB104 12244 BDA 22351 b
2076	2076	1 for, or otherwise participating in any health care
2077	2077	2 service, so long as the care was not unlawful under the
2078	2078	3 laws of this State, regardless of whether the patient was
2079	2079	4 a resident of this State or another state; or
2080	2080	5 (4) based upon the person's physician's license,
2081	2081	6 registration, or permit being revoked or suspended, or the
2082	2082	7 person physician being otherwise disciplined, by any other
2083	2083	8 state, if that revocation, suspension, or other form of
2084	2084	9 discipline was based solely on the person physician
2085	2085	10 violating another state's laws prohibiting the provision
2086	2086	11 of, authorization of, recommendation of, aiding or
2087	2087	12 assisting in, referring for, or participation in any
2088	2088	13 health care service if that health care service as
2089	2089	14 provided would not have been unlawful under the laws of
2090	2090	15 this State and is consistent with the applicable standard
2091	2091	16 standards of conduct for the person practicing in Illinois
2092	2092	17 under this Act physician if it occurred in Illinois.
2093	2093	18 (D) (Blank).
2094	2094	19 (E) The conduct specified in subsection (C) shall not
2095	2095	20 trigger reporting requirements under Section 23, constitute
2096	2096	21 grounds for suspension under Section 25, or be included on the
2097	2097	22 physician's profile required under Section 10 of the Patients'
2098	2098	23 Right to Know Act.
2099	2099	24 (F) An applicant seeking licensure, certification, or
2100	2100	25 authorization pursuant to this Act and who has been subject to
2101	2101	26 disciplinary action by a duly authorized professional
2102	2102
2103	2103
2104	2104
2105	2105
2106	2106
2107	2107	SB2450 - 58 - LRB104 12244 BDA 22351 b
2108	2108
2109	2109
2110	2110	SB2450- 59 -LRB104 12244 BDA 22351 b SB2450 - 59 - LRB104 12244 BDA 22351 b
2111	2111	SB2450 - 59 - LRB104 12244 BDA 22351 b
2112	2112	1 disciplinary agency of another jurisdiction solely on the
2113	2113	2 basis of having provided, authorized, recommended, aided,
2114	2114	3 assisted, referred for, or otherwise participated in health
2115	2115	4 care shall not be denied such licensure, certification, or
2116	2116	5 authorization, unless the Department determines that the
2117	2117	6 action would have constituted professional misconduct in this
2118	2118	7 State; however, nothing in this Section shall be construed as
2119	2119	8 prohibiting the Department from evaluating the conduct of the
2120	2120	9 applicant and making a determination regarding the licensure,
2121	2121	10 certification, or authorization to practice a profession under
2122	2122	11 this Act.
2123	2123	12 (G) The Department may adopt rules to implement,
2124	2124	13 administer, and enforce this Section the changes made by this
2125	2125	14 amendatory Act of the 102nd General Assembly.
2126	2126	15 (Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21;
2127	2127	16 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff.
2128	2128	17 1-1-24; revised 10-22-24.)
2129	2129	18 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
2130	2130	19 (Section scheduled to be repealed on January 1, 2027)
2131	2131	20 Sec. 23. Reports relating to professional conduct and
2132	2132	21 capacity.
2133	2133	22 (A) Entities required to report.
2134	2134	23 (1) Health care institutions. The chief administrator
2135	2135	24 or executive officer of any health care institution
2136	2136	25 licensed by the Illinois Department of Public Health shall
2137	2137
2138	2138
2139	2139
2140	2140
2141	2141
2142	2142	SB2450 - 59 - LRB104 12244 BDA 22351 b
2143	2143
2144	2144
2145	2145	SB2450- 60 -LRB104 12244 BDA 22351 b SB2450 - 60 - LRB104 12244 BDA 22351 b
2146	2146	SB2450 - 60 - LRB104 12244 BDA 22351 b
2147	2147	1 report to the Medical Board when any person's clinical
2148	2148	2 privileges are terminated or are restricted based on a
2149	2149	3 final determination made in accordance with that
2150	2150	4 institution's by-laws or rules and regulations that a
2151	2151	5 person has either committed an act or acts which may
2152	2152	6 directly threaten patient care or that a person may have a
2153	2153	7 mental or physical disability that may endanger patients
2154	2154	8 under that person's care. Such officer also shall report
2155	2155	9 if a person accepts voluntary termination or restriction
2156	2156	10 of clinical privileges in lieu of formal action based upon
2157	2157	11 conduct related directly to patient care or in lieu of
2158	2158	12 formal action seeking to determine whether a person may
2159	2159	13 have a mental or physical disability that may endanger
2160	2160	14 patients under that person's care. The Medical Board
2161	2161	15 shall, by rule, provide for the reporting to it by health
2162	2162	16 care institutions of all instances in which a person,
2163	2163	17 licensed under this Act, who is impaired by reason of age,
2164	2164	18 drug or alcohol abuse, or physical or mental impairment,
2165	2165	19 is under supervision and, where appropriate, is in a
2166	2166	20 program of rehabilitation. Such reports shall be strictly
2167	2167	21 confidential and may be reviewed and considered only by
2168	2168	22 the members of the Medical Board, or by authorized staff
2169	2169	23 as provided by rules of the Medical Board. Provisions
2170	2170	24 shall be made for the periodic report of the status of any
2171	2171	25 such person not less than twice annually in order that the
2172	2172	26 Medical Board shall have current information upon which to
2173	2173
2174	2174
2175	2175
2176	2176
2177	2177
2178	2178	SB2450 - 60 - LRB104 12244 BDA 22351 b
2179	2179
2180	2180
2181	2181	SB2450- 61 -LRB104 12244 BDA 22351 b SB2450 - 61 - LRB104 12244 BDA 22351 b
2182	2182	SB2450 - 61 - LRB104 12244 BDA 22351 b
2183	2183	1 determine the status of any such person. Such initial and
2184	2184	2 periodic reports of impaired physicians shall not be
2185	2185	3 considered records within the meaning of the State Records
2186	2186	4 Act and shall be disposed of, following a determination by
2187	2187	5 the Medical Board that such reports are no longer
2188	2188	6 required, in a manner and at such time as the Medical Board
2189	2189	7 shall determine by rule. The filing of such reports shall
2190	2190	8 be construed as the filing of a report for purposes of
2191	2191	9 subsection (C) of this Section. Such health care
2192	2192	10 institution shall not take any adverse action, including,
2193	2193	11 but not limited to, restricting or terminating any
2194	2194	12 person's clinical privileges, as a result of an adverse
2195	2195	13 action against a person's license, registration, permit,
2196	2196	14 or clinical privileges or other disciplinary action by
2197	2197	15 another state or health care institution that resulted
2198	2198	16 from the person's provision of, authorization of,
2199	2199	17 recommendation of, aiding or assistance with, referral
2200	2200	18 for, or participation in any health care service if the
2201	2201	19 adverse action was based solely on a violation of the
2202	2202	20 other state's law prohibiting the provision of such health
2203	2203	21 care and related services in the state or for a resident of
2204	2204	22 the state if that health care service would not have been
2205	2205	23 unlawful under the laws of this State and is consistent
2206	2206	24 with the applicable standard standards of conduct for a
2207	2207	25 person practicing in Illinois under this Act physicians
2208	2208	26 practicing in Illinois.
2209	2209
2210	2210
2211	2211
2212	2212
2213	2213
2214	2214	SB2450 - 61 - LRB104 12244 BDA 22351 b
2215	2215
2216	2216
2217	2217	SB2450- 62 -LRB104 12244 BDA 22351 b SB2450 - 62 - LRB104 12244 BDA 22351 b
2218	2218	SB2450 - 62 - LRB104 12244 BDA 22351 b
2219	2219	1 (1.5) Clinical training programs. The program director
2220	2220	2 of any post-graduate clinical training program shall
2221	2221	3 report to the Medical Board if a person engaged in a
2222	2222	4 post-graduate clinical training program at the
2223	2223	5 institution, including, but not limited to, a residency or
2224	2224	6 fellowship, separates from the program for any reason
2225	2225	7 prior to its conclusion. The program director shall
2226	2226	8 provide all documentation relating to the separation if,
2227	2227	9 after review of the report, the Medical Board determines
2228	2228	10 that a review of those documents is necessary to determine
2229	2229	11 whether a violation of this Act occurred.
2230	2230	12 (2) Professional associations. The President or chief
2231	2231	13 executive officer of any association or society, of
2232	2232	14 persons licensed under this Act, operating within this
2233	2233	15 State shall report to the Medical Board when the
2234	2234	16 association or society renders a final determination that
2235	2235	17 a person has committed unprofessional conduct related
2236	2236	18 directly to patient care or that a person may have a mental
2237	2237	19 or physical disability that may endanger patients under
2238	2238	20 that person's care.
2239	2239	21 (3) Professional liability insurers. Every insurance
2240	2240	22 company which offers policies of professional liability
2241	2241	23 insurance to persons licensed under this Act, or any other
2242	2242	24 entity which seeks to indemnify the professional liability
2243	2243	25 of a person licensed under this Act, shall report to the
2244	2244	26 Medical Board the settlement of any claim or cause of
2245	2245
2246	2246
2247	2247
2248	2248
2249	2249
2250	2250	SB2450 - 62 - LRB104 12244 BDA 22351 b
2251	2251
2252	2252
2253	2253	SB2450- 63 -LRB104 12244 BDA 22351 b SB2450 - 63 - LRB104 12244 BDA 22351 b
2254	2254	SB2450 - 63 - LRB104 12244 BDA 22351 b
2255	2255	1 action, or final judgment rendered in any cause of action,
2256	2256	2 which alleged negligence in the furnishing of medical care
2257	2257	3 by such licensed person when such settlement or final
2258	2258	4 judgment is in favor of the plaintiff. Such insurance
2259	2259	5 company shall not take any adverse action, including, but
2260	2260	6 not limited to, denial or revocation of coverage, or rate
2261	2261	7 increases, against a person authorized to practice
2262	2262	8 licensed under this Act with respect to coverage for
2263	2263	9 services provided in the State if based solely on the
2264	2264	10 person providing, authorizing, recommending, aiding,
2265	2265	11 assisting, referring for, or otherwise participating in
2266	2266	12 health care services in this State in violation of another
2267	2267	13 state's law, or a revocation or other adverse action
2268	2268	14 against the person's license, registration, or permit in
2269	2269	15 another state for violation of such law if that health
2270	2270	16 care service as provided would have been lawful and
2271	2271	17 consistent with the applicable standard standards of
2272	2272	18 conduct for a person practicing in Illinois under this Act
2273	2273	19 physicians if it occurred in the State. Notwithstanding
2274	2274	20 this provision, it is against public policy to require
2275	2275	21 coverage for an illegal action.
2276	2276	22 (4) State's Attorneys. The State's Attorney of each
2277	2277	23 county shall report to the Medical Board, within 5 days,
2278	2278	24 any instances in which a person licensed under this Act is
2279	2279	25 convicted of any felony or Class A misdemeanor.
2280	2280	26 (5) State agencies. All agencies, boards, commissions,
2281	2281
2282	2282
2283	2283
2284	2284
2285	2285
2286	2286	SB2450 - 63 - LRB104 12244 BDA 22351 b
2287	2287
2288	2288
2289	2289	SB2450- 64 -LRB104 12244 BDA 22351 b SB2450 - 64 - LRB104 12244 BDA 22351 b
2290	2290	SB2450 - 64 - LRB104 12244 BDA 22351 b
2291	2291	1 departments, or other instrumentalities of the government
2292	2292	2 of the State of Illinois shall report to the Medical Board
2293	2293	3 any instance arising in connection with the operations of
2294	2294	4 such agency, including the administration of any law by
2295	2295	5 such agency, in which a person licensed under this Act has
2296	2296	6 either committed an act or acts which may be a violation of
2297	2297	7 this Act or which may constitute unprofessional conduct
2298	2298	8 related directly to patient care or which indicates that a
2299	2299	9 person licensed under this Act may have a mental or
2300	2300	10 physical disability that may endanger patients under that
2301	2301	11 person's care.
2302	2302	12 (B) Mandatory reporting. All reports required by items
2303	2303	13 (34), (35), and (36) of subsection (A) of Section 22 and by
2304	2304	14 this Section 23 shall be submitted to the Medical Board in a
2305	2305	15 timely fashion. Unless otherwise provided in this Section, the
2306	2306	16 reports shall be filed in writing within 60 days after a
2307	2307	17 determination that a report is required under this Act. All
2308	2308	18 reports shall contain the following information:
2309	2309	19 (1) The name, address, and telephone number of the
2310	2310	20 person making the report.
2311	2311	21 (2) The name, address, and telephone number of the
2312	2312	22 person who is the subject of the report.
2313	2313	23 (3) The name and date of birth of any patient or
2314	2314	24 patients whose treatment is a subject of the report, if
2315	2315	25 available, or other means of identification if such
2316	2316	26 information is not available, identification of the
2317	2317
2318	2318
2319	2319
2320	2320
2321	2321
2322	2322	SB2450 - 64 - LRB104 12244 BDA 22351 b
2323	2323
2324	2324
2325	2325	SB2450- 65 -LRB104 12244 BDA 22351 b SB2450 - 65 - LRB104 12244 BDA 22351 b
2326	2326	SB2450 - 65 - LRB104 12244 BDA 22351 b
2327	2327	1 hospital or other health care healthcare facility where
2328	2328	2 the care at issue in the report was rendered, provided,
2329	2329	3 however, no medical records may be revealed.
2330	2330	4 (4) A brief description of the facts which gave rise
2331	2331	5 to the issuance of the report, including the dates of any
2332	2332	6 occurrences deemed to necessitate the filing of the
2333	2333	7 report.
2334	2334	8 (5) If court action is involved, the identity of the
2335	2335	9 court in which the action is filed, along with the docket
2336	2336	10 number and date of filing of the action.
2337	2337	11 (6) Any further pertinent information which the
2338	2338	12 reporting party deems to be an aid in the evaluation of the
2339	2339	13 report.
2340	2340	14 The Medical Board or Department may also exercise the
2341	2341	15 power under Section 38 of this Act to subpoena copies of
2342	2342	16 hospital or medical records in mandatory report cases alleging
2343	2343	17 death or permanent bodily injury. Appropriate rules shall be
2344	2344	18 adopted by the Department with the approval of the Medical
2345	2345	19 Board.
2346	2346	20 When the Department has received written reports
2347	2347	21 concerning incidents required to be reported in items (34),
2348	2348	22 (35), and (36) of subsection (A) of Section 22, the licensee's
2349	2349	23 failure to report the incident to the Department under those
2350	2350	24 items shall not be the sole grounds for disciplinary action.
2351	2351	25 Nothing contained in this Section shall act to, in any
2352	2352	26 way, waive or modify the confidentiality of medical reports
2353	2353
2354	2354
2355	2355
2356	2356
2357	2357
2358	2358	SB2450 - 65 - LRB104 12244 BDA 22351 b
2359	2359
2360	2360
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2362	2362	SB2450 - 66 - LRB104 12244 BDA 22351 b
2363	2363	1 and committee reports to the extent provided by law. Any
2364	2364	2 information reported or disclosed shall be kept for the
2365	2365	3 confidential use of the Medical Board, the Medical
2366	2366	4 Coordinators, the Medical Board's attorneys, the medical
2367	2367	5 investigative staff, and authorized clerical staff, as
2368	2368	6 provided in this Act, and shall be afforded the same status as
2369	2369	7 is provided information concerning medical studies in Part 21
2370	2370	8 of Article VIII of the Code of Civil Procedure, except that the
2371	2371	9 Department may disclose information and documents to a
2372	2372	10 federal, State, or local law enforcement agency pursuant to a
2373	2373	11 subpoena in an ongoing criminal investigation or to a health
2374	2374	12 care licensing body or medical licensing authority of this
2375	2375	13 State or another state or jurisdiction pursuant to an official
2376	2376	14 request made by that licensing body or medical licensing
2377	2377	15 authority. Furthermore, information and documents disclosed to
2378	2378	16 a federal, State, or local law enforcement agency may be used
2379	2379	17 by that agency only for the investigation and prosecution of a
2380	2380	18 criminal offense, or, in the case of disclosure to a health
2381	2381	19 care licensing body or medical licensing authority, only for
2382	2382	20 investigations and disciplinary action proceedings with regard
2383	2383	21 to a license. Information and documents disclosed to the
2384	2384	22 Department of Public Health may be used by that Department
2385	2385	23 only for investigation and disciplinary action regarding the
2386	2386	24 license of a health care institution licensed by the
2387	2387	25 Department of Public Health.
2388	2388	26 (C) Immunity from prosecution. Any individual or
2389	2389
2390	2390
2391	2391
2392	2392
2393	2393
2394	2394	SB2450 - 66 - LRB104 12244 BDA 22351 b
2395	2395
2396	2396
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2398	2398	SB2450 - 67 - LRB104 12244 BDA 22351 b
2399	2399	1 organization acting in good faith, and not in a wilful and
2400	2400	2 wanton manner, in complying with this Act by providing any
2401	2401	3 report or other information to the Medical Board or a peer
2402	2402	4 review committee, or assisting in the investigation or
2403	2403	5 preparation of such information, or by voluntarily reporting
2404	2404	6 to the Medical Board or a peer review committee information
2405	2405	7 regarding alleged errors or negligence by a person licensed
2406	2406	8 under this Act, or by participating in proceedings of the
2407	2407	9 Medical Board or a peer review committee, or by serving as a
2408	2408	10 member of the Medical Board or a peer review committee, shall
2409	2409	11 not, as a result of such actions, be subject to criminal
2410	2410	12 prosecution or civil damages.
2411	2411	13 (D) Indemnification. Members of the Medical Board, the
2412	2412	14 Medical Coordinators, the Medical Board's attorneys, the
2413	2413	15 medical investigative staff, physicians retained under
2414	2414	16 contract to assist and advise the medical coordinators in the
2415	2415	17 investigation, and authorized clerical staff shall be
2416	2416	18 indemnified by the State for any actions occurring within the
2417	2417	19 scope of services on the Medical Board, done in good faith and
2418	2418	20 not wilful and wanton in nature. The Attorney General shall
2419	2419	21 defend all such actions unless he or she determines either
2420	2420	22 that there would be a conflict of interest in such
2421	2421	23 representation or that the actions complained of were not in
2422	2422	24 good faith or were wilful and wanton.
2423	2423	25 Should the Attorney General decline representation, the
2424	2424	26 member shall have the right to employ counsel of his or her
2425	2425
2426	2426
2427	2427
2428	2428
2429	2429
2430	2430	SB2450 - 67 - LRB104 12244 BDA 22351 b
2431	2431
2432	2432
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2434	2434	SB2450 - 68 - LRB104 12244 BDA 22351 b
2435	2435	1 choice, whose fees shall be provided by the State, after
2436	2436	2 approval by the Attorney General, unless there is a
2437	2437	3 determination by a court that the member's actions were not in
2438	2438	4 good faith or were wilful and wanton.
2439	2439	5 The member must notify the Attorney General within 7 days
2440	2440	6 of receipt of notice of the initiation of any action involving
2441	2441	7 services of the Medical Board. Failure to so notify the
2442	2442	8 Attorney General shall constitute an absolute waiver of the
2443	2443	9 right to a defense and indemnification.
2444	2444	10 The Attorney General shall determine within 7 days after
2445	2445	11 receiving such notice, whether he or she will undertake to
2446	2446	12 represent the member.
2447	2447	13 (E) Deliberations of Medical Board. Upon the receipt of
2448	2448	14 any report called for by this Act, other than those reports of
2449	2449	15 impaired persons licensed under this Act required pursuant to
2450	2450	16 the rules of the Medical Board, the Medical Board shall notify
2451	2451	17 in writing, by mail or email, the person who is the subject of
2452	2452	18 the report. Such notification shall be made within 30 days of
2453	2453	19 receipt by the Medical Board of the report.
2454	2454	20 The notification shall include a written notice setting
2455	2455	21 forth the person's right to examine the report. Included in
2456	2456	22 such notification shall be the address at which the file is
2457	2457	23 maintained, the name of the custodian of the reports, and the
2458	2458	24 telephone number at which the custodian may be reached. The
2459	2459	25 person who is the subject of the report shall submit a written
2460	2460	26 statement responding, clarifying, adding to, or proposing the
2461	2461
2462	2462
2463	2463
2464	2464
2465	2465
2466	2466	SB2450 - 68 - LRB104 12244 BDA 22351 b
2467	2467
2468	2468
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2470	2470	SB2450 - 69 - LRB104 12244 BDA 22351 b
2471	2471	1 amending of the report previously filed. The person who is the
2472	2472	2 subject of the report shall also submit with the written
2473	2473	3 statement any medical records related to the report. The
2474	2474	4 statement and accompanying medical records shall become a
2475	2475	5 permanent part of the file and must be received by the Medical
2476	2476	6 Board no more than 30 days after the date on which the person
2477	2477	7 was notified by the Medical Board of the existence of the
2478	2478	8 original report.
2479	2479	9 The Medical Board shall review all reports received by it,
2480	2480	10 together with any supporting information and responding
2481	2481	11 statements submitted by persons who are the subject of
2482	2482	12 reports. The review by the Medical Board shall be in a timely
2483	2483	13 manner but in no event, shall the Medical Board's initial
2484	2484	14 review of the material contained in each disciplinary file be
2485	2485	15 less than 61 days nor more than 180 days after the receipt of
2486	2486	16 the initial report by the Medical Board.
2487	2487	17 When the Medical Board makes its initial review of the
2488	2488	18 materials contained within its disciplinary files, the Medical
2489	2489	19 Board shall, in writing, make a determination as to whether
2490	2490	20 there are sufficient facts to warrant further investigation or
2491	2491	21 action. Failure to make such determination within the time
2492	2492	22 provided shall be deemed to be a determination that there are
2493	2493	23 not sufficient facts to warrant further investigation or
2494	2494	24 action.
2495	2495	25 Should the Medical Board find that there are not
2496	2496	26 sufficient facts to warrant further investigation, or action,
2497	2497
2498	2498
2499	2499
2500	2500
2501	2501
2502	2502	SB2450 - 69 - LRB104 12244 BDA 22351 b
2503	2503
2504	2504
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2506	2506	SB2450 - 70 - LRB104 12244 BDA 22351 b
2507	2507	1 the report shall be accepted for filing and the matter shall be
2508	2508	2 deemed closed and so reported to the Secretary. The Secretary
2509	2509	3 shall then have 30 days to accept the Medical Board's decision
2510	2510	4 or request further investigation. The Secretary shall inform
2511	2511	5 the Medical Board of the decision to request further
2512	2512	6 investigation, including the specific reasons for the
2513	2513	7 decision. The individual or entity filing the original report
2514	2514	8 or complaint and the person who is the subject of the report or
2515	2515	9 complaint shall be notified in writing by the Secretary of any
2516	2516	10 final action on their report or complaint. The Department
2517	2517	11 shall disclose to the individual or entity who filed the
2518	2518	12 original report or complaint, on request, the status of the
2519	2519	13 Medical Board's review of a specific report or complaint. Such
2520	2520	14 request may be made at any time, including prior to the Medical
2521	2521	15 Board's determination as to whether there are sufficient facts
2522	2522	16 to warrant further investigation or action.
2523	2523	17 (F) Summary reports. The Medical Board shall prepare, on a
2524	2524	18 timely basis, but in no event less than once every other month,
2525	2525	19 a summary report of final disciplinary actions taken upon
2526	2526	20 disciplinary files maintained by the Medical Board. The
2527	2527	21 summary reports shall be made available to the public upon
2528	2528	22 request and payment of the fees set by the Department. This
2529	2529	23 publication may be made available to the public on the
2530	2530	24 Department's website. Information or documentation relating to
2531	2531	25 any disciplinary file that is closed without disciplinary
2532	2532	26 action taken shall not be disclosed and shall be afforded the
2533	2533
2534	2534
2535	2535
2536	2536
2537	2537
2538	2538	SB2450 - 70 - LRB104 12244 BDA 22351 b
2539	2539
2540	2540
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2542	2542	SB2450 - 71 - LRB104 12244 BDA 22351 b
2543	2543	1 same status as is provided by Part 21 of Article VIII of the
2544	2544	2 Code of Civil Procedure.
2545	2545	3 (G) Any violation of this Section shall be a Class A
2546	2546	4 misdemeanor.
2547	2547	5 (H) If any such person violates the provisions of this
2548	2548	6 Section an action may be brought in the name of the People of
2549	2549	7 the State of Illinois, through the Attorney General of the
2550	2550	8 State of Illinois, for an order enjoining such violation or
2551	2551	9 for an order enforcing compliance with this Section. Upon
2552	2552	10 filing of a verified petition in such court, the court may
2553	2553	11 issue a temporary restraining order without notice or bond and
2554	2554	12 may preliminarily or permanently enjoin such violation, and if
2555	2555	13 it is established that such person has violated or is
2556	2556	14 violating the injunction, the court may punish the offender
2557	2557	15 for contempt of court. Proceedings under this paragraph shall
2558	2558	16 be in addition to, and not in lieu of, all other remedies and
2559	2559	17 penalties provided for by this Section.
2560	2560	18 (I) The Department may adopt rules to implement,
2561	2561	19 administer, and enforce this Section the changes made by this
2562	2562	20 amendatory Act of the 102nd General Assembly.
2563	2563	21 (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
2564	2564	22 102-1117, eff. 1-13-23.)
2565	2565	23 Section 30. The Licensed Certified Professional Midwife
2566	2566	24 Practice Act is amended by changing Section 100 as follows:
2567	2567
2568	2568
2569	2569
2570	2570
2571	2571
2572	2572	SB2450 - 71 - LRB104 12244 BDA 22351 b
2573	2573
2574	2574
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2576	2576	SB2450 - 72 - LRB104 12244 BDA 22351 b
2577	2577	1 (225 ILCS 64/100)
2578	2578	2 (Section scheduled to be repealed on January 1, 2027)
2579	2579	3 Sec. 100. Grounds for disciplinary action.
2580	2580	4 (a) The Department may refuse to issue or to renew, or may
2581	2581	5 revoke, suspend, place on probation, reprimand, or take other
2582	2582	6 disciplinary or non-disciplinary action with regard to any
2583	2583	7 license issued under this Act as the Department may deem
2584	2584	8 proper, including the issuance of fines not to exceed $10,000
2585	2585	9 for each violation, for any one or combination of the
2586	2586	10 following causes:
2587	2587	11 (1) Material misstatement in furnishing information to
2588	2588	12 the Department.
2589	2589	13 (2) Violations of this Act, or the rules adopted under
2590	2590	14 this Act.
2591	2591	15 (3) Conviction by plea of guilty or nolo contendere,
2592	2592	16 finding of guilt, jury verdict, or entry of judgment or
2593	2593	17 sentencing, including, but not limited to, convictions,
2594	2594	18 preceding sentences of supervision, conditional discharge,
2595	2595	19 or first offender probation, under the laws of any
2596	2596	20 jurisdiction of the United States that is: (i) a felony;
2597	2597	21 or (ii) a misdemeanor, an essential element of which is
2598	2598	22 dishonesty, or that is directly related to the practice of
2599	2599	23 the profession.
2600	2600	24 (4) Making any misrepresentation for the purpose of
2601	2601	25 obtaining licenses.
2602	2602	26 (5) Professional incompetence.
2603	2603
2604	2604
2605	2605
2606	2606
2607	2607
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2609	2609
2610	2610
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2612	2612	SB2450 - 73 - LRB104 12244 BDA 22351 b
2613	2613	1 (6) Aiding or assisting another person in violating
2614	2614	2 any provision of this Act or its rules.
2615	2615	3 (7) Failing, within 60 days, to provide information in
2616	2616	4 response to a written request made by the Department.
2617	2617	5 (8) Engaging in dishonorable, unethical, or
2618	2618	6 unprofessional conduct, as defined by rule, of a character
2619	2619	7 likely to deceive, defraud, or harm the public.
2620	2620	8 (9) Habitual or excessive use or addiction to alcohol,
2621	2621	9 narcotics, stimulants, or any other chemical agent or drug
2622	2622	10 that results in a midwife's inability to practice with
2623	2623	11 reasonable judgment, skill, or safety.
2624	2624	12 (10) Discipline by another U.S. jurisdiction or
2625	2625	13 foreign nation, if at least one of the grounds for
2626	2626	14 discipline is the same or substantially equivalent to
2627	2627	15 those set forth in this Section.
2628	2628	16 (11) Directly or indirectly giving to or receiving
2629	2629	17 from any person, firm, corporation, partnership, or
2630	2630	18 association any fee, commission, rebate, or other form of
2631	2631	19 compensation for any professional services not actually or
2632	2632	20 personally rendered. Nothing in this paragraph affects any
2633	2633	21 bona fide independent contractor or employment
2634	2634	22 arrangements, including provisions for compensation,
2635	2635	23 health insurance, pension, or other employment benefits,
2636	2636	24 with persons or entities authorized under this Act for the
2637	2637	25 provision of services within the scope of the licensee's
2638	2638	26 practice under this Act.
2639	2639
2640	2640
2641	2641
2642	2642
2643	2643
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2645	2645
2646	2646
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2649	2649	1 (12) A finding by the Department that the licensee,
2650	2650	2 after having his or her license placed on probationary
2651	2651	3 status, has violated the terms of probation.
2652	2652	4 (13) Abandonment of a patient.
2653	2653	5 (14) Willfully making or filing false records or
2654	2654	6 reports in his or her practice, including, but not limited
2655	2655	7 to, false records filed with State state agencies or
2656	2656	8 departments.
2657	2657	9 (15) Willfully failing to report an instance of
2658	2658	10 suspected child abuse or neglect as required by the Abused
2659	2659	11 and Neglected Child Reporting Act.
2660	2660	12 (16) Physical illness, or mental illness or impairment
2661	2661	13 that results in the inability to practice the profession
2662	2662	14 with reasonable judgment, skill, or safety, including, but
2663	2663	15 not limited to, deterioration through the aging process or
2664	2664	16 loss of motor skill.
2665	2665	17 (17) Being named as a perpetrator in an indicated
2666	2666	18 report by the Department of Children and Family Services
2667	2667	19 under the Abused and Neglected Child Reporting Act, and
2668	2668	20 upon proof by clear and convincing evidence that the
2669	2669	21 licensee has caused a child to be an abused child or
2670	2670	22 neglected child as defined in the Abused and Neglected
2671	2671	23 Child Reporting Act.
2672	2672	24 (18) Gross negligence resulting in permanent injury or
2673	2673	25 death of a patient.
2674	2674	26 (19) Employment of fraud, deception, or any unlawful
2675	2675
2676	2676
2677	2677
2678	2678
2679	2679
2680	2680	SB2450 - 74 - LRB104 12244 BDA 22351 b
2681	2681
2682	2682
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2684	2684	SB2450 - 75 - LRB104 12244 BDA 22351 b
2685	2685	1 means in applying for or securing a license as a licensed
2686	2686	2 certified professional midwife.
2687	2687	3 (21) Immoral conduct in the commission of any act,
2688	2688	4 including sexual abuse, sexual misconduct, or sexual
2689	2689	5 exploitation related to the licensee's practice.
2690	2690	6 (22) Violation of the Health Care Worker Self-Referral
2691	2691	7 Act.
2692	2692	8 (23) Practicing under a false or assumed name, except
2693	2693	9 as provided by law.
2694	2694	10 (24) Making a false or misleading statement regarding
2695	2695	11 his or her skill or the efficacy or value of the medicine,
2696	2696	12 treatment, or remedy prescribed by him or her in the
2697	2697	13 course of treatment.
2698	2698	14 (25) Allowing another person to use his or her license
2699	2699	15 to practice.
2700	2700	16 (26) Prescribing, selling, administering,
2701	2701	17 distributing, giving, or self-administering a drug
2702	2702	18 classified as a controlled substance for purposes other
2703	2703	19 than medically accepted therapeutic purposes.
2704	2704	20 (27) Promotion of the sale of drugs, devices,
2705	2705	21 appliances, or goods provided for a patient in a manner to
2706	2706	22 exploit the patient for financial gain.
2707	2707	23 (28) A pattern of practice or other behavior that
2708	2708	24 demonstrates incapacity or incompetence to practice under
2709	2709	25 this Act.
2710	2710	26 (29) Violating State or federal laws, rules, or
2711	2711
2712	2712
2713	2713
2714	2714
2715	2715
2716	2716	SB2450 - 75 - LRB104 12244 BDA 22351 b
2717	2717
2718	2718
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2720	2720	SB2450 - 76 - LRB104 12244 BDA 22351 b
2721	2721	1 regulations relating to controlled substances or other
2722	2722	2 legend drugs or ephedra as defined in the Ephedra
2723	2723	3 Prohibition Act.
2724	2724	4 (30) Failure to establish and maintain records of
2725	2725	5 patient care and treatment as required by law.
2726	2726	6 (31) Attempting to subvert or cheat on the examination
2727	2727	7 of the North American Registry of Midwives or its
2728	2728	8 successor agency.
2729	2729	9 (32) Willfully or negligently violating the
2730	2730	10 confidentiality between licensed certified professional
2731	2731	11 midwives and patient, except as required by law.
2732	2732	12 (33) Willfully failing to report an instance of
2733	2733	13 suspected abuse, neglect, financial exploitation, or
2734	2734	14 self-neglect of an eligible adult as defined in and
2735	2735	15 required by the Adult Protective Services Act.
2736	2736	16 (34) Being named as an abuser in a verified report by
2737	2737	17 the Department on Aging under the Adult Protective
2738	2738	18 Services Act and upon proof by clear and convincing
2739	2739	19 evidence that the licensee abused, neglected, or
2740	2740	20 financially exploited an eligible adult as defined in the
2741	2741	21 Adult Protective Services Act.
2742	2742	22 (35) Failure to report to the Department an adverse
2743	2743	23 final action taken against him or her by another licensing
2744	2744	24 jurisdiction of the United States or a foreign state or
2745	2745	25 country, a peer review body, a health care institution, a
2746	2746	26 professional society or association, a governmental
2747	2747
2748	2748
2749	2749
2750	2750
2751	2751
2752	2752	SB2450 - 76 - LRB104 12244 BDA 22351 b
2753	2753
2754	2754
2755	2755	SB2450- 77 -LRB104 12244 BDA 22351 b SB2450 - 77 - LRB104 12244 BDA 22351 b
2756	2756	SB2450 - 77 - LRB104 12244 BDA 22351 b
2757	2757	1 agency, a law enforcement agency, or a court.
2758	2758	2 (36) Failure to provide copies of records of patient
2759	2759	3 care or treatment, except as required by law.
2760	2760	4 (37) Failure of a licensee to report to the Department
2761	2761	5 surrender by the licensee of a license or authorization to
2762	2762	6 practice in another state or jurisdiction or current
2763	2763	7 surrender by the licensee of membership professional
2764	2764	8 association or society while under disciplinary
2765	2765	9 investigation by any of those authorities or bodies for
2766	2766	10 acts or conduct similar to acts or conduct that would
2767	2767	11 constitute grounds for action under this Section.
2768	2768	12 (38) Failing, within 90 days, to provide a response to
2769	2769	13 a request for information in response to a written request
2770	2770	14 made by the Department by certified or registered mail or
2771	2771	15 by email to the email address of record.
2772	2772	16 (39) Failure to supervise a midwife assistant or
2773	2773	17 student midwife, including, but not limited to, allowing a
2774	2774	18 midwife assistant or student midwife to exceed their
2775	2775	19 scope.
2776	2776	20 (40) Failure to adequately inform a patient about
2777	2777	21 their malpractice liability insurance coverage and the
2778	2778	22 policy limits of the coverage.
2779	2779	23 (41) Failure to submit an annual report to the
2780	2780	24 Department of Public Health.
2781	2781	25 (42) Failure to disclose active cardiopulmonary
2782	2782	26 resuscitation certification or neonatal resuscitation
2783	2783
2784	2784
2785	2785
2786	2786
2787	2787
2788	2788	SB2450 - 77 - LRB104 12244 BDA 22351 b
2789	2789
2790	2790
2791	2791	SB2450- 78 -LRB104 12244 BDA 22351 b SB2450 - 78 - LRB104 12244 BDA 22351 b
2792	2792	SB2450 - 78 - LRB104 12244 BDA 22351 b
2793	2793	1 provider status to clients.
2794	2794	2 (43) Engaging in one of the prohibited practices
2795	2795	3 provided for in Section 85 of this Act.
2796	2796	4 (b) The Department may, without a hearing, refuse to issue
2797	2797	5 or renew or may suspend the license of any person who fails to
2798	2798	6 file a return, or to pay the tax, penalty, or interest shown in
2799	2799	7 a filed return, or to pay any final assessment of the tax,
2800	2800	8 penalty, or interest as required by any tax Act administered
2801	2801	9 by the Department of Revenue, until the requirements of any
2802	2802	10 such tax Act are satisfied.
2803	2803	11 (c) The determination by a circuit court that a licensee
2804	2804	12 is subject to involuntary admission or judicial admission as
2805	2805	13 provided in the Mental Health and Developmental Disabilities
2806	2806	14 Code operates as an automatic suspension. The suspension will
2807	2807	15 end only upon a finding by a court that the patient is no
2808	2808	16 longer subject to involuntary admission or judicial admission
2809	2809	17 and issues an order so finding and discharging the patient,
2810	2810	18 and upon the recommendation of the Board to the Secretary that
2811	2811	19 the licensee be allowed to resume his or her practice.
2812	2812	20 (d) In enforcing this Section, the Department, upon a
2813	2813	21 showing of a possible violation, may compel an individual
2814	2814	22 licensed to practice under this Act, or who has applied for
2815	2815	23 licensure under this Act, to submit to a mental or physical
2816	2816	24 examination, or both, including a substance abuse or sexual
2817	2817	25 offender evaluation, as required by and at the expense of the
2818	2818	26 Department.
2819	2819
2820	2820
2821	2821
2822	2822
2823	2823
2824	2824	SB2450 - 78 - LRB104 12244 BDA 22351 b
2825	2825
2826	2826
2827	2827	SB2450- 79 -LRB104 12244 BDA 22351 b SB2450 - 79 - LRB104 12244 BDA 22351 b
2828	2828	SB2450 - 79 - LRB104 12244 BDA 22351 b
2829	2829	1 The Department shall specifically designate the examining
2830	2830	2 physician licensed to practice medicine in all of its branches
2831	2831	3 or, if applicable, the multidisciplinary team involved in
2832	2832	4 providing the mental or physical examination or both. The
2833	2833	5 multidisciplinary team shall be led by a physician licensed to
2834	2834	6 practice medicine in all of its branches and may consist of one
2835	2835	7 or more or a combination of physicians licensed to practice
2836	2836	8 medicine in all of its branches, licensed clinical
2837	2837	9 psychologists, licensed clinical social workers, licensed
2838	2838	10 clinical professional counselors, and other professional and
2839	2839	11 administrative staff. Any examining physician or member of the
2840	2840	12 multidisciplinary team may require any person ordered to
2841	2841	13 submit to an examination pursuant to this Section to submit to
2842	2842	14 any additional supplemental testing deemed necessary to
2843	2843	15 complete any examination or evaluation process, including, but
2844	2844	16 not limited to, blood testing, urinalysis, psychological
2845	2845	17 testing, or neuropsychological testing.
2846	2846	18 The Department may order the examining physician or any
2847	2847	19 member of the multidisciplinary team to provide to the
2848	2848	20 Department any and all records, including business records,
2849	2849	21 that relate to the examination and evaluation, including any
2850	2850	22 supplemental testing performed.
2851	2851	23 The Department may order the examining physician or any
2852	2852	24 member of the multidisciplinary team to present testimony
2853	2853	25 concerning the mental or physical examination of the licensee
2854	2854	26 or applicant. No information, report, record, or other
2855	2855
2856	2856
2857	2857
2858	2858
2859	2859
2860	2860	SB2450 - 79 - LRB104 12244 BDA 22351 b
2861	2861
2862	2862
2863	2863	SB2450- 80 -LRB104 12244 BDA 22351 b SB2450 - 80 - LRB104 12244 BDA 22351 b
2864	2864	SB2450 - 80 - LRB104 12244 BDA 22351 b
2865	2865	1 documents in any way related to the examination shall be
2866	2866	2 excluded by reason of any common law or statutory privilege
2867	2867	3 relating to communications between the licensee or applicant
2868	2868	4 and the examining physician or any member of the
2869	2869	5 multidisciplinary team. No authorization is necessary from the
2870	2870	6 licensee or applicant ordered to undergo an examination for
2871	2871	7 the examining physician or any member of the multidisciplinary
2872	2872	8 team to provide information, reports, records, or other
2873	2873	9 documents or to provide any testimony regarding the
2874	2874	10 examination and evaluation.
2875	2875	11 The individual to be examined may have, at his or her own
2876	2876	12 expense, another physician of his or her choice present during
2877	2877	13 all aspects of this examination. However, that physician shall
2878	2878	14 be present only to observe and may not interfere in any way
2879	2879	15 with the examination.
2880	2880	16 Failure of an individual to submit to a mental or physical
2881	2881	17 examination, when ordered, shall result in an automatic
2882	2882	18 suspension of his or her license until the individual submits
2883	2883	19 to the examination.
2884	2884	20 If the Department finds an individual unable to practice
2885	2885	21 because of the reasons set forth in this Section, the
2886	2886	22 Department may require that individual to submit to care,
2887	2887	23 counseling, or treatment by physicians approved or designated
2888	2888	24 by the Department, as a condition, term, or restriction for
2889	2889	25 continued, reinstated, or renewed licensure to practice; or,
2890	2890	26 in lieu of care, counseling, or treatment, the Department may
2891	2891
2892	2892
2893	2893
2894	2894
2895	2895
2896	2896	SB2450 - 80 - LRB104 12244 BDA 22351 b
2897	2897
2898	2898
2899	2899	SB2450- 81 -LRB104 12244 BDA 22351 b SB2450 - 81 - LRB104 12244 BDA 22351 b
2900	2900	SB2450 - 81 - LRB104 12244 BDA 22351 b
2901	2901	1 file a complaint to immediately suspend, revoke, or otherwise
2902	2902	2 discipline the license of the individual. An individual whose
2903	2903	3 license was granted, continued, reinstated, renewed,
2904	2904	4 disciplined, or supervised subject to such terms, conditions,
2905	2905	5 or restrictions, and who fails to comply with such terms,
2906	2906	6 conditions, or restrictions, shall be referred to the
2907	2907	7 Secretary for a determination as to whether the individual
2908	2908	8 shall have his or her license suspended immediately, pending a
2909	2909	9 hearing by the Department.
2910	2910	10 In instances in which the Secretary immediately suspends a
2911	2911	11 person's license under this Section, a hearing on that
2912	2912	12 person's license must be convened by the Department within 30
2913	2913	13 days after the suspension and completed without appreciable
2914	2914	14 delay. The Department shall have the authority to review the
2915	2915	15 subject individual's record of treatment and counseling
2916	2916	16 regarding the impairment to the extent permitted by applicable
2917	2917	17 federal statutes and regulations safeguarding the
2918	2918	18 confidentiality of medical records.
2919	2919	19 An individual licensed under this Act and affected under
2920	2920	20 this Section shall be afforded an opportunity to demonstrate
2921	2921	21 to the Department that he or she can resume practice in
2922	2922	22 compliance with acceptable and prevailing standards under the
2923	2923	23 provisions of his or her license.
2924	2924	24 (e) The Department shall not revoke, suspend, summarily
2925	2925	25 suspend, place on prohibition, reprimand, refuse to issue or
2926	2926	26 renew, or take any other disciplinary or non-disciplinary
2927	2927
2928	2928
2929	2929
2930	2930
2931	2931
2932	2932	SB2450 - 81 - LRB104 12244 BDA 22351 b
2933	2933
2934	2934
2935	2935	SB2450- 82 -LRB104 12244 BDA 22351 b SB2450 - 82 - LRB104 12244 BDA 22351 b
2936	2936	SB2450 - 82 - LRB104 12244 BDA 22351 b
2937	2937	1 action against a person's authorization to practice under this
2938	2938	2 Act based solely upon the person authorizing, recommending,
2939	2939	3 aiding, assisting, referring for, or otherwise participating
2940	2940	4 in any health care service, so long as the care was not
2941	2941	5 unlawful under the laws of this State, regardless of whether
2942	2942	6 the patient was a resident of this State or another state.
2943	2943	7 (f) The Department shall not revoke, suspend, summarily
2944	2944	8 suspend, place on prohibition, reprimand, refuse to issue or
2945	2945	9 renew, or take any other disciplinary or non-disciplinary
2946	2946	10 action against a person's authorization to practice under this
2947	2947	11 Act based upon the person's license, registration, or permit
2948	2948	12 being revoked or suspended, or the person being otherwise
2949	2949	13 disciplined, by any other state if that revocation,
2950	2950	14 suspension, or other form of discipline was based solely on
2951	2951	15 the person violating another state's laws prohibiting the
2952	2952	16 provision of, authorization of, recommendation of, aiding or
2953	2953	17 assisting in, referring for, or participation in any health
2954	2954	18 care service if that health care service as provided would not
2955	2955	19 have been unlawful under the laws of this State and is
2956	2956	20 consistent with the applicable standard of conduct for the
2957	2957	21 person practicing in Illinois under this Act.
2958	2958	22 (Source: P.A. 102-683, eff. 10-1-22; 103-605, eff. 7-1-24.)
2959	2959	23 Section 35. The Nurse Practice Act is amended by changing
2960	2960	24 Sections 65-65 and 70-5 as follows:
2961	2961
2962	2962
2963	2963
2964	2964
2965	2965
2966	2966	SB2450 - 82 - LRB104 12244 BDA 22351 b
2967	2967
2968	2968
2969	2969	SB2450- 83 -LRB104 12244 BDA 22351 b SB2450 - 83 - LRB104 12244 BDA 22351 b
2970	2970	SB2450 - 83 - LRB104 12244 BDA 22351 b
2971	2971	1 (225 ILCS 65/65-65) (was 225 ILCS 65/15-55)
2972	2972	2 (Section scheduled to be repealed on January 1, 2028)
2973	2973	3 Sec. 65-65. Reports relating to APRN professional conduct
2974	2974	4 and capacity.
2975	2975	5 (a) Entities Required to Report.
2976	2976	6 (1) Health Care Institutions. The chief administrator
2977	2977	7 or executive officer of a health care institution licensed
2978	2978	8 by the Department of Public Health, which provides the
2979	2979	9 minimum due process set forth in Section 10.4 of the
2980	2980	10 Hospital Licensing Act, shall report to the Board when an
2981	2981	11 advanced practice registered nurse's organized
2982	2982	12 professional staff clinical privileges are terminated or
2983	2983	13 are restricted based on a final determination, in
2984	2984	14 accordance with that institution's bylaws or rules and
2985	2985	15 regulations, that (i) a person has either committed an act
2986	2986	16 or acts that may directly threaten patient care and that
2987	2987	17 are not of an administrative nature or (ii) that a person
2988	2988	18 may have a mental or physical disability that may endanger
2989	2989	19 patients under that person's care. The chief administrator
2990	2990	20 or officer shall also report if an advanced practice
2991	2991	21 registered nurse accepts voluntary termination or
2992	2992	22 restriction of clinical privileges in lieu of formal
2993	2993	23 action based upon conduct related directly to patient care
2994	2994	24 and not of an administrative nature, or in lieu of formal
2995	2995	25 action seeking to determine whether a person may have a
2996	2996	26 mental or physical disability that may endanger patients
2997	2997
2998	2998
2999	2999
3000	3000
3001	3001
3002	3002	SB2450 - 83 - LRB104 12244 BDA 22351 b
3003	3003
3004	3004
3005	3005	SB2450- 84 -LRB104 12244 BDA 22351 b SB2450 - 84 - LRB104 12244 BDA 22351 b
3006	3006	SB2450 - 84 - LRB104 12244 BDA 22351 b
3007	3007	1 under that person's care. The Department shall provide by
3008	3008	2 rule for the reporting to it of all instances in which a
3009	3009	3 person licensed under this Article, who is impaired by
3010	3010	4 reason of age, drug, or alcohol abuse, or physical or
3011	3011	5 mental impairment, is under supervision and, where
3012	3012	6 appropriate, is in a program of rehabilitation. Reports
3013	3013	7 submitted under this subsection shall be strictly
3014	3014	8 confidential and may be reviewed and considered only by
3015	3015	9 the members of the Board or authorized staff as provided
3016	3016	10 by rule of the Department. Provisions shall be made for
3017	3017	11 the periodic report of the status of any such reported
3018	3018	12 person not less than twice annually in order that the
3019	3019	13 Board shall have current information upon which to
3020	3020	14 determine the status of that person. Initial and periodic
3021	3021	15 reports of impaired advanced practice registered nurses
3022	3022	16 shall not be considered records within the meaning of the
3023	3023	17 State Records Act and shall be disposed of, following a
3024	3024	18 determination by the Board that such reports are no longer
3025	3025	19 required, in a manner and at an appropriate time as the
3026	3026	20 Board shall determine by rule. The filing of reports
3027	3027	21 submitted under this subsection shall be construed as the
3028	3028	22 filing of a report for purposes of subsection (c) of this
3029	3029	23 Section. Such health care institution shall not take any
3030	3030	24 adverse action, including, but not limited to, restricting
3031	3031	25 or terminating any person's clinical privileges, as a
3032	3032	26 result of an adverse action against a person's license,
3033	3033
3034	3034
3035	3035
3036	3036
3037	3037
3038	3038	SB2450 - 84 - LRB104 12244 BDA 22351 b
3039	3039
3040	3040
3041	3041	SB2450- 85 -LRB104 12244 BDA 22351 b SB2450 - 85 - LRB104 12244 BDA 22351 b
3042	3042	SB2450 - 85 - LRB104 12244 BDA 22351 b
3043	3043	1 registration, permit, or clinical privileges or other
3044	3044	2 disciplinary action by another state or health care
3045	3045	3 institution that resulted from the person's provision of,
3046	3046	4 authorization of, recommendation of, aiding or assistance
3047	3047	5 with, referral for, or participation in any health care
3048	3048	6 service if the adverse action was based solely on a
3049	3049	7 violation of the other state's law prohibiting the
3050	3050	8 provision of such health care and related services in the
3051	3051	9 state or for a resident of the state if that health care
3052	3052	10 service would not have been unlawful under the laws of
3053	3053	11 this State and is consistent with the applicable standard
3054	3054	12 standards of conduct for a person advanced practice
3055	3055	13 registered nurses practicing in Illinois under this Act.
3056	3056	14 (2) Professional Associations. The President or chief
3057	3057	15 executive officer of an association or society of persons
3058	3058	16 licensed under this Article, operating within this State,
3059	3059	17 shall report to the Board when the association or society
3060	3060	18 renders a final determination that a person licensed under
3061	3061	19 this Article has committed unprofessional conduct related
3062	3062	20 directly to patient care or that a person may have a mental
3063	3063	21 or physical disability that may endanger patients under
3064	3064	22 the person's care.
3065	3065	23 (3) Professional Liability Insurers. Every insurance
3066	3066	24 company that offers policies of professional liability
3067	3067	25 insurance to persons licensed under this Article, or any
3068	3068	26 other entity that seeks to indemnify the professional
3069	3069
3070	3070
3071	3071
3072	3072
3073	3073
3074	3074	SB2450 - 85 - LRB104 12244 BDA 22351 b
3075	3075
3076	3076
3077	3077	SB2450- 86 -LRB104 12244 BDA 22351 b SB2450 - 86 - LRB104 12244 BDA 22351 b
3078	3078	SB2450 - 86 - LRB104 12244 BDA 22351 b
3079	3079	1 liability of a person licensed under this Article, shall
3080	3080	2 report to the Board the settlement of any claim or cause of
3081	3081	3 action, or final judgment rendered in any cause of action,
3082	3082	4 that alleged negligence in the furnishing of patient care
3083	3083	5 by the licensee when the settlement or final judgment is
3084	3084	6 in favor of the plaintiff. Such insurance company shall
3085	3085	7 not take any adverse action, including, but not limited
3086	3086	8 to, denial or revocation of coverage, or rate increases,
3087	3087	9 against a person licensed under this Act with respect to
3088	3088	10 coverage for services provided in Illinois if based solely
3089	3089	11 on the person providing, authorizing, recommending,
3090	3090	12 aiding, assisting, referring for, or otherwise
3091	3091	13 participating in health care services this State in
3092	3092	14 violation of another state's law, or a revocation or other
3093	3093	15 adverse action against the person's license in another
3094	3094	16 state for violation of such law if that health care
3095	3095	17 service as provided would have been lawful and consistent
3096	3096	18 with the standards of conduct for registered nurses and
3097	3097	19 advanced practice registered nurses if it occurred in
3098	3098	20 Illinois. Notwithstanding this provision, it is against
3099	3099	21 public policy to require coverage for an illegal action.
3100	3100	22 (4) State's Attorneys. The State's Attorney of each
3101	3101	23 county shall report to the Board all instances in which a
3102	3102	24 person licensed under this Article is convicted or
3103	3103	25 otherwise found guilty of the commission of a felony.
3104	3104	26 (5) State Agencies. All agencies, boards, commissions,
3105	3105
3106	3106
3107	3107
3108	3108
3109	3109
3110	3110	SB2450 - 86 - LRB104 12244 BDA 22351 b
3111	3111
3112	3112
3113	3113	SB2450- 87 -LRB104 12244 BDA 22351 b SB2450 - 87 - LRB104 12244 BDA 22351 b
3114	3114	SB2450 - 87 - LRB104 12244 BDA 22351 b
3115	3115	1 departments, or other instrumentalities of the government
3116	3116	2 of this State shall report to the Board any instance
3117	3117	3 arising in connection with the operations of the agency,
3118	3118	4 including the administration of any law by the agency, in
3119	3119	5 which a person licensed under this Article has either
3120	3120	6 committed an act or acts that may constitute a violation
3121	3121	7 of this Article, that may constitute unprofessional
3122	3122	8 conduct related directly to patient care, or that
3123	3123	9 indicates that a person licensed under this Article may
3124	3124	10 have a mental or physical disability that may endanger
3125	3125	11 patients under that person's care.
3126	3126	12 (b) Mandatory Reporting. All reports required under items
3127	3127	13 (16) and (17) of subsection (a) of Section 70-5 shall be
3128	3128	14 submitted to the Board in a timely fashion. The reports shall
3129	3129	15 be filed in writing within 60 days after a determination that a
3130	3130	16 report is required under this Article. All reports shall
3131	3131	17 contain the following information:
3132	3132	18 (1) The name, address, and telephone number of the
3133	3133	19 person making the report.
3134	3134	20 (2) The name, address, and telephone number of the
3135	3135	21 person who is the subject of the report.
3136	3136	22 (3) The name or other means of identification of any
3137	3137	23 patient or patients whose treatment is a subject of the
3138	3138	24 report, except that no medical records may be revealed
3139	3139	25 without the written consent of the patient or patients.
3140	3140	26 (4) A brief description of the facts that gave rise to
3141	3141
3142	3142
3143	3143
3144	3144
3145	3145
3146	3146	SB2450 - 87 - LRB104 12244 BDA 22351 b
3147	3147
3148	3148
3149	3149	SB2450- 88 -LRB104 12244 BDA 22351 b SB2450 - 88 - LRB104 12244 BDA 22351 b
3150	3150	SB2450 - 88 - LRB104 12244 BDA 22351 b
3151	3151	1 the issuance of the report, including, but not limited to,
3152	3152	2 the dates of any occurrences deemed to necessitate the
3153	3153	3 filing of the report.
3154	3154	4 (5) If court action is involved, the identity of the
3155	3155	5 court in which the action is filed, the docket number, and
3156	3156	6 date of filing of the action.
3157	3157	7 (6) Any further pertinent information that the
3158	3158	8 reporting party deems to be an aid in the evaluation of the
3159	3159	9 report.
3160	3160	10 Nothing contained in this Section shall be construed to in
3161	3161	11 any way waive or modify the confidentiality of medical reports
3162	3162	12 and committee reports to the extent provided by law. Any
3163	3163	13 information reported or disclosed shall be kept for the
3164	3164	14 confidential use of the Board, the Board's attorneys, the
3165	3165	15 investigative staff, and authorized clerical staff and shall
3166	3166	16 be afforded the same status as is provided information
3167	3167	17 concerning medical studies in Part 21 of Article VIII of the
3168	3168	18 Code of Civil Procedure.
3169	3169	19 (c) Immunity from Prosecution. An individual or
3170	3170	20 organization acting in good faith, and not in a willful and
3171	3171	21 wanton manner, in complying with this Section by providing a
3172	3172	22 report or other information to the Board, by assisting in the
3173	3173	23 investigation or preparation of a report or information, by
3174	3174	24 participating in proceedings of the Board, or by serving as a
3175	3175	25 member of the Board shall not, as a result of such actions, be
3176	3176	26 subject to criminal prosecution or civil damages.
3177	3177
3178	3178
3179	3179
3180	3180
3181	3181
3182	3182	SB2450 - 88 - LRB104 12244 BDA 22351 b
3183	3183
3184	3184
3185	3185	SB2450- 89 -LRB104 12244 BDA 22351 b SB2450 - 89 - LRB104 12244 BDA 22351 b
3186	3186	SB2450 - 89 - LRB104 12244 BDA 22351 b
3187	3187	1 (d) Indemnification. Members of the Board, the Board's
3188	3188	2 attorneys, the investigative staff, advanced practice
3189	3189	3 registered nurses or physicians retained under contract to
3190	3190	4 assist and advise in the investigation, and authorized
3191	3191	5 clerical staff shall be indemnified by the State for any
3192	3192	6 actions (i) occurring within the scope of services on the
3193	3193	7 Board, (ii) performed in good faith, and (iii) not willful and
3194	3194	8 wanton in nature. The Attorney General shall defend all
3195	3195	9 actions taken against those persons unless he or she
3196	3196	10 determines either that there would be a conflict of interest
3197	3197	11 in the representation or that the actions complained of were
3198	3198	12 not performed in good faith or were willful and wanton in
3199	3199	13 nature. If the Attorney General declines representation, the
3200	3200	14 member shall have the right to employ counsel of his or her
3201	3201	15 choice, whose fees shall be provided by the State, after
3202	3202	16 approval by the Attorney General, unless there is a
3203	3203	17 determination by a court that the member's actions were not
3204	3204	18 performed in good faith or were willful and wanton in nature.
3205	3205	19 The member shall notify the Attorney General within 7 days of
3206	3206	20 receipt of notice of the initiation of an action involving
3207	3207	21 services of the Board. Failure to so notify the Attorney
3208	3208	22 General shall constitute an absolute waiver of the right to a
3209	3209	23 defense and indemnification. The Attorney General shall
3210	3210	24 determine within 7 days after receiving the notice whether he
3211	3211	25 or she will undertake to represent the member.
3212	3212	26 (e) Deliberations of Board. Upon the receipt of a report
3213	3213
3214	3214
3215	3215
3216	3216
3217	3217
3218	3218	SB2450 - 89 - LRB104 12244 BDA 22351 b
3219	3219
3220	3220
3221	3221	SB2450- 90 -LRB104 12244 BDA 22351 b SB2450 - 90 - LRB104 12244 BDA 22351 b
3222	3222	SB2450 - 90 - LRB104 12244 BDA 22351 b
3223	3223	1 called for by this Section, other than those reports of
3224	3224	2 impaired persons licensed under this Article required pursuant
3225	3225	3 to the rules of the Board, the Board shall notify in writing by
3226	3226	4 certified or registered mail or by email to the email address
3227	3227	5 of record the person who is the subject of the report. The
3228	3228	6 notification shall be made within 30 days of receipt by the
3229	3229	7 Board of the report. The notification shall include a written
3230	3230	8 notice setting forth the person's right to examine the report.
3231	3231	9 Included in the notification shall be the address at which the
3232	3232	10 file is maintained, the name of the custodian of the reports,
3233	3233	11 and the telephone number at which the custodian may be
3234	3234	12 reached. The person who is the subject of the report shall
3235	3235	13 submit a written statement responding to, clarifying, adding
3236	3236	14 to, or proposing to amend the report previously filed. The
3237	3237	15 statement shall become a permanent part of the file and shall
3238	3238	16 be received by the Board no more than 30 days after the date on
3239	3239	17 which the person was notified of the existence of the original
3240	3240	18 report. The Board shall review all reports received by it and
3241	3241	19 any supporting information and responding statements submitted
3242	3242	20 by persons who are the subject of reports. The review by the
3243	3243	21 Board shall be in a timely manner but in no event shall the
3244	3244	22 Board's initial review of the material contained in each
3245	3245	23 disciplinary file be less than 61 days nor more than 180 days
3246	3246	24 after the receipt of the initial report by the Board. When the
3247	3247	25 Board makes its initial review of the materials contained
3248	3248	26 within its disciplinary files, the Board shall, in writing,
3249	3249
3250	3250
3251	3251
3252	3252
3253	3253
3254	3254	SB2450 - 90 - LRB104 12244 BDA 22351 b
3255	3255
3256	3256
3257	3257	SB2450- 91 -LRB104 12244 BDA 22351 b SB2450 - 91 - LRB104 12244 BDA 22351 b
3258	3258	SB2450 - 91 - LRB104 12244 BDA 22351 b
3259	3259	1 make a determination as to whether there are sufficient facts
3260	3260	2 to warrant further investigation or action. Failure to make
3261	3261	3 that determination within the time provided shall be deemed to
3262	3262	4 be a determination that there are not sufficient facts to
3263	3263	5 warrant further investigation or action. Should the Board find
3264	3264	6 that there are not sufficient facts to warrant further
3265	3265	7 investigation or action, the report shall be accepted for
3266	3266	8 filing and the matter shall be deemed closed and so reported.
3267	3267	9 The individual or entity filing the original report or
3268	3268	10 complaint and the person who is the subject of the report or
3269	3269	11 complaint shall be notified in writing by the Board of any
3270	3270	12 final action on their report or complaint.
3271	3271	13 (f) (Blank).
3272	3272	14 (g) Any violation of this Section shall constitute a Class
3273	3273	15 A misdemeanor.
3274	3274	16 (h) If a person violates the provisions of this Section,
3275	3275	17 an action may be brought in the name of the People of the State
3276	3276	18 of Illinois, through the Attorney General of the State of
3277	3277	19 Illinois, for an order enjoining the violation or for an order
3278	3278	20 enforcing compliance with this Section. Upon filing of a
3279	3279	21 petition in court, the court may issue a temporary restraining
3280	3280	22 order without notice or bond and may preliminarily or
3281	3281	23 permanently enjoin the violation, and if it is established
3282	3282	24 that the person has violated or is violating the injunction,
3283	3283	25 the court may punish the offender for contempt of court.
3284	3284	26 Proceedings under this subsection shall be in addition to, and
3285	3285
3286	3286
3287	3287
3288	3288
3289	3289
3290	3290	SB2450 - 91 - LRB104 12244 BDA 22351 b
3291	3291
3292	3292
3293	3293	SB2450- 92 -LRB104 12244 BDA 22351 b SB2450 - 92 - LRB104 12244 BDA 22351 b
3294	3294	SB2450 - 92 - LRB104 12244 BDA 22351 b
3295	3295	1 not in lieu of, all other remedies and penalties provided for
3296	3296	2 by this Section.
3297	3297	3 (i) The Department may adopt rules to implement,
3298	3298	4 administer, and enforce this Section the changes made by this
3299	3299	5 amendatory Act of the 102nd General Assembly.
3300	3300	6 (Source: P.A. 102-1117, eff. 1-13-23.)
3301	3301	7 (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
3302	3302	8 (Section scheduled to be repealed on January 1, 2028)
3303	3303	9 Sec. 70-5. Grounds for disciplinary action.
3304	3304	10 (a) The Department may refuse to issue or to renew, or may
3305	3305	11 revoke, suspend, place on probation, reprimand, or take other
3306	3306	12 disciplinary or non-disciplinary action as the Department may
3307	3307	13 deem appropriate, including fines not to exceed $10,000 per
3308	3308	14 violation, with regard to a license for any one or combination
3309	3309	15 of the causes set forth in subsection (b) below. All fines
3310	3310	16 collected under this Section shall be deposited in the Nursing
3311	3311	17 Dedicated and Professional Fund.
3312	3312	18 (b) Grounds for disciplinary action include the following:
3313	3313	19 (1) Material deception in furnishing information to
3314	3314	20 the Department.
3315	3315	21 (2) Material violations of any provision of this Act
3316	3316	22 or violation of the rules of or final administrative
3317	3317	23 action of the Secretary, after consideration of the
3318	3318	24 recommendation of the Board.
3319	3319	25 (3) Conviction by plea of guilty or nolo contendere,
3320	3320
3321	3321
3322	3322
3323	3323
3324	3324
3325	3325	SB2450 - 92 - LRB104 12244 BDA 22351 b
3326	3326
3327	3327
3328	3328	SB2450- 93 -LRB104 12244 BDA 22351 b SB2450 - 93 - LRB104 12244 BDA 22351 b
3329	3329	SB2450 - 93 - LRB104 12244 BDA 22351 b
3330	3330	1 finding of guilt, jury verdict, or entry of judgment or by
3331	3331	2 sentencing of any crime, including, but not limited to,
3332	3332	3 convictions, preceding sentences of supervision,
3333	3333	4 conditional discharge, or first offender probation, under
3334	3334	5 the laws of any jurisdiction of the United States: (i)
3335	3335	6 that is a felony; or (ii) that is a misdemeanor, an
3336	3336	7 essential element of which is dishonesty, or that is
3337	3337	8 directly related to the practice of the profession.
3338	3338	9 (4) A pattern of practice or other behavior which
3339	3339	10 demonstrates incapacity or incompetency to practice under
3340	3340	11 this Act.
3341	3341	12 (5) Knowingly aiding or assisting another person in
3342	3342	13 violating any provision of this Act or rules.
3343	3343	14 (6) Failing, within 90 days, to provide a response to
3344	3344	15 a request for information in response to a written request
3345	3345	16 made by the Department by certified or registered mail or
3346	3346	17 by email to the email address of record.
3347	3347	18 (7) Engaging in dishonorable, unethical, or
3348	3348	19 unprofessional conduct of a character likely to deceive,
3349	3349	20 defraud, or harm the public, as defined by rule.
3350	3350	21 (8) Unlawful taking, theft, selling, distributing, or
3351	3351	22 manufacturing of any drug, narcotic, or prescription
3352	3352	23 device.
3353	3353	24 (9) Habitual or excessive use or addiction to alcohol,
3354	3354	25 narcotics, stimulants, or any other chemical agent or drug
3355	3355	26 that could result in a licensee's inability to practice
3356	3356
3357	3357
3358	3358
3359	3359
3360	3360
3361	3361	SB2450 - 93 - LRB104 12244 BDA 22351 b
3362	3362
3363	3363
3364	3364	SB2450- 94 -LRB104 12244 BDA 22351 b SB2450 - 94 - LRB104 12244 BDA 22351 b
3365	3365	SB2450 - 94 - LRB104 12244 BDA 22351 b
3366	3366	1 with reasonable judgment, skill, or safety.
3367	3367	2 (10) Discipline by another U.S. jurisdiction or
3368	3368	3 foreign nation, if at least one of the grounds for the
3369	3369	4 discipline is the same or substantially equivalent to
3370	3370	5 those set forth in this Section.
3371	3371	6 (11) A finding that the licensee, after having her or
3372	3372	7 his license placed on probationary status or subject to
3373	3373	8 conditions or restrictions, has violated the terms of
3374	3374	9 probation or failed to comply with such terms or
3375	3375	10 conditions.
3376	3376	11 (12) Being named as a perpetrator in an indicated
3377	3377	12 report by the Department of Children and Family Services
3378	3378	13 and under the Abused and Neglected Child Reporting Act,
3379	3379	14 and upon proof by clear and convincing evidence that the
3380	3380	15 licensee has caused a child to be an abused child or
3381	3381	16 neglected child as defined in the Abused and Neglected
3382	3382	17 Child Reporting Act.
3383	3383	18 (13) Willful omission to file or record, or willfully
3384	3384	19 impeding the filing or recording or inducing another
3385	3385	20 person to omit to file or record medical reports as
3386	3386	21 required by law.
3387	3387	22 (13.5) Willfully failing to report an instance of
3388	3388	23 suspected child abuse or neglect as required by the Abused
3389	3389	24 and Neglected Child Reporting Act.
3390	3390	25 (14) Gross negligence in the practice of practical,
3391	3391	26 professional, or advanced practice registered nursing.
3392	3392
3393	3393
3394	3394
3395	3395
3396	3396
3397	3397	SB2450 - 94 - LRB104 12244 BDA 22351 b
3398	3398
3399	3399
3400	3400	SB2450- 95 -LRB104 12244 BDA 22351 b SB2450 - 95 - LRB104 12244 BDA 22351 b
3401	3401	SB2450 - 95 - LRB104 12244 BDA 22351 b
3402	3402	1 (15) Holding oneself out to be practicing nursing
3403	3403	2 under any name other than one's own.
3404	3404	3 (16) Failure of a licensee to report to the Department
3405	3405	4 any adverse final action taken against him or her by
3406	3406	5 another licensing jurisdiction of the United States or any
3407	3407	6 foreign state or country, any peer review body, any health
3408	3408	7 care institution, any professional or nursing society or
3409	3409	8 association, any governmental agency, any law enforcement
3410	3410	9 agency, or any court or a nursing liability claim related
3411	3411	10 to acts or conduct similar to acts or conduct that would
3412	3412	11 constitute grounds for action as defined in this Section.
3413	3413	12 (17) Failure of a licensee to report to the Department
3414	3414	13 surrender by the licensee of a license or authorization to
3415	3415	14 practice nursing or advanced practice registered nursing
3416	3416	15 in another state or jurisdiction or current surrender by
3417	3417	16 the licensee of membership on any nursing staff or in any
3418	3418	17 nursing or advanced practice registered nursing or
3419	3419	18 professional association or society while under
3420	3420	19 disciplinary investigation by any of those authorities or
3421	3421	20 bodies for acts or conduct similar to acts or conduct that
3422	3422	21 would constitute grounds for action as defined by this
3423	3423	22 Section.
3424	3424	23 (18) Failing, within 60 days, to provide information
3425	3425	24 in response to a written request made by the Department.
3426	3426	25 (19) Failure to establish and maintain records of
3427	3427	26 patient care and treatment as required by law.
3428	3428
3429	3429
3430	3430
3431	3431
3432	3432
3433	3433	SB2450 - 95 - LRB104 12244 BDA 22351 b
3434	3434
3435	3435
3436	3436	SB2450- 96 -LRB104 12244 BDA 22351 b SB2450 - 96 - LRB104 12244 BDA 22351 b
3437	3437	SB2450 - 96 - LRB104 12244 BDA 22351 b
3438	3438	1 (20) Fraud, deceit, or misrepresentation in applying
3439	3439	2 for or procuring a license under this Act or in connection
3440	3440	3 with applying for renewal of a license under this Act.
3441	3441	4 (21) Allowing another person or organization to use
3442	3442	5 the licensee's license to deceive the public.
3443	3443	6 (22) Willfully making or filing false records or
3444	3444	7 reports in the licensee's practice, including, but not
3445	3445	8 limited to, false records to support claims against the
3446	3446	9 medical assistance program of the Department of Healthcare
3447	3447	10 and Family Services (formerly Department of Public Aid)
3448	3448	11 under the Illinois Public Aid Code.
3449	3449	12 (23) Attempting to subvert or cheat on a licensing
3450	3450	13 examination administered under this Act.
3451	3451	14 (24) Immoral conduct in the commission of an act,
3452	3452	15 including, but not limited to, sexual abuse, sexual
3453	3453	16 misconduct, or sexual exploitation, related to the
3454	3454	17 licensee's practice.
3455	3455	18 (25) Willfully or negligently violating the
3456	3456	19 confidentiality between nurse and patient except as
3457	3457	20 required by law.
3458	3458	21 (26) Practicing under a false or assumed name, except
3459	3459	22 as provided by law.
3460	3460	23 (27) The use of any false, fraudulent, or deceptive
3461	3461	24 statement in any document connected with the licensee's
3462	3462	25 practice.
3463	3463	26 (28) Directly or indirectly giving to or receiving
3464	3464
3465	3465
3466	3466
3467	3467
3468	3468
3469	3469	SB2450 - 96 - LRB104 12244 BDA 22351 b
3470	3470
3471	3471
3472	3472	SB2450- 97 -LRB104 12244 BDA 22351 b SB2450 - 97 - LRB104 12244 BDA 22351 b
3473	3473	SB2450 - 97 - LRB104 12244 BDA 22351 b
3474	3474	1 from a person, firm, corporation, partnership, or
3475	3475	2 association a fee, commission, rebate, or other form of
3476	3476	3 compensation for professional services not actually or
3477	3477	4 personally rendered. Nothing in this paragraph (28)
3478	3478	5 affects any bona fide independent contractor or employment
3479	3479	6 arrangements among health care professionals, health
3480	3480	7 facilities, health care providers, or other entities,
3481	3481	8 except as otherwise prohibited by law. Any employment
3482	3482	9 arrangements may include provisions for compensation,
3483	3483	10 health insurance, pension, or other employment benefits
3484	3484	11 for the provision of services within the scope of the
3485	3485	12 licensee's practice under this Act. Nothing in this
3486	3486	13 paragraph (28) shall be construed to require an employment
3487	3487	14 arrangement to receive professional fees for services
3488	3488	15 rendered.
3489	3489	16 (29) A violation of the Health Care Worker
3490	3490	17 Self-Referral Act.
3491	3491	18 (30) Physical illness, mental illness, or disability
3492	3492	19 that results in the inability to practice the profession
3493	3493	20 with reasonable judgment, skill, or safety.
3494	3494	21 (31) Exceeding the terms of a collaborative agreement
3495	3495	22 or the prescriptive authority delegated to a licensee by
3496	3496	23 his or her collaborating physician or podiatric physician
3497	3497	24 in guidelines established under a written collaborative
3498	3498	25 agreement.
3499	3499	26 (32) Making a false or misleading statement regarding
3500	3500
3501	3501
3502	3502
3503	3503
3504	3504
3505	3505	SB2450 - 97 - LRB104 12244 BDA 22351 b
3506	3506
3507	3507
3508	3508	SB2450- 98 -LRB104 12244 BDA 22351 b SB2450 - 98 - LRB104 12244 BDA 22351 b
3509	3509	SB2450 - 98 - LRB104 12244 BDA 22351 b
3510	3510	1 a licensee's skill or the efficacy or value of the
3511	3511	2 medicine, treatment, or remedy prescribed by him or her in
3512	3512	3 the course of treatment.
3513	3513	4 (33) Prescribing, selling, administering,
3514	3514	5 distributing, giving, or self-administering a drug
3515	3515	6 classified as a controlled substance (designated product)
3516	3516	7 or narcotic for other than medically accepted therapeutic
3517	3517	8 purposes.
3518	3518	9 (34) Promotion of the sale of drugs, devices,
3519	3519	10 appliances, or goods provided for a patient in a manner to
3520	3520	11 exploit the patient for financial gain.
3521	3521	12 (35) Violating State or federal laws, rules, or
3522	3522	13 regulations relating to controlled substances.
3523	3523	14 (36) Willfully or negligently violating the
3524	3524	15 confidentiality between an advanced practice registered
3525	3525	16 nurse, collaborating physician, dentist, or podiatric
3526	3526	17 physician and a patient, except as required by law.
3527	3527	18 (37) Willfully failing to report an instance of
3528	3528	19 suspected abuse, neglect, financial exploitation, or
3529	3529	20 self-neglect of an eligible adult as defined in and
3530	3530	21 required by the Adult Protective Services Act.
3531	3531	22 (38) Being named as an abuser in a verified report by
3532	3532	23 the Department on Aging and under the Adult Protective
3533	3533	24 Services Act, and upon proof by clear and convincing
3534	3534	25 evidence that the licensee abused, neglected, or
3535	3535	26 financially exploited an eligible adult as defined in the
3536	3536
3537	3537
3538	3538
3539	3539
3540	3540
3541	3541	SB2450 - 98 - LRB104 12244 BDA 22351 b
3542	3542
3543	3543
3544	3544	SB2450- 99 -LRB104 12244 BDA 22351 b SB2450 - 99 - LRB104 12244 BDA 22351 b
3545	3545	SB2450 - 99 - LRB104 12244 BDA 22351 b
3546	3546	1 Adult Protective Services Act.
3547	3547	2 (39) A violation of any provision of this Act or any
3548	3548	3 rules adopted under this Act.
3549	3549	4 (40) Violating the Compassionate Use of Medical
3550	3550	5 Cannabis Program Act.
3551	3551	6 (b-5) The Department shall not revoke, suspend, summarily
3552	3552	7 suspend, place on probation, reprimand, refuse to issue or
3553	3553	8 renew, or take any other disciplinary or non-disciplinary
3554	3554	9 action against a person's authorization to practice the
3555	3555	10 license or permit issued under this Act to practice as a
3556	3556	11 registered nurse or an advanced practice registered nurse
3557	3557	12 based solely upon the person registered nurse or advanced
3558	3558	13 practice registered nurse providing, authorizing,
3559	3559	14 recommending, aiding, assisting, referring for, or otherwise
3560	3560	15 participating in any health care service, so long as the care
3561	3561	16 was not unlawful under the laws of this State, regardless of
3562	3562	17 whether the patient was a resident of this State or another
3563	3563	18 state.
3564	3564	19 (b-10) The Department shall not revoke, suspend, summarily
3565	3565	20 suspend, place on prohibition, reprimand, refuse to issue or
3566	3566	21 renew, or take any other disciplinary or non-disciplinary
3567	3567	22 action against a person's authorization to practice the
3568	3568	23 license or permit issued under this Act to practice as a
3569	3569	24 registered nurse or an advanced practice registered nurse
3570	3570	25 based upon the person's registered nurse's or advanced
3571	3571	26 practice registered nurse's license, registration, or permit
3572	3572
3573	3573
3574	3574
3575	3575
3576	3576
3577	3577	SB2450 - 99 - LRB104 12244 BDA 22351 b
3578	3578
3579	3579
3580	3580	SB2450- 100 -LRB104 12244 BDA 22351 b SB2450 - 100 - LRB104 12244 BDA 22351 b
3581	3581	SB2450 - 100 - LRB104 12244 BDA 22351 b
3582	3582	1 being revoked or suspended, or the person registered nurse or
3583	3583	2 advanced practice registered nurse being otherwise
3584	3584	3 disciplined, by any other state, if that revocation,
3585	3585	4 suspension, or other form of discipline was based solely on
3586	3586	5 the person registered nurse or advanced practice registered
3587	3587	6 nurse violating another state's laws prohibiting the provision
3588	3588	7 of, authorization of, recommendation of, aiding or assisting
3589	3589	8 in, referring for, or participation in any health care service
3590	3590	9 if that health care service as provided would not have been
3591	3591	10 unlawful under the laws of this State and is consistent with
3592	3592	11 the applicable standard standards of conduct for the person
3593	3593	12 registered nurse or advanced practice registered nurse
3594	3594	13 practicing in Illinois under this Act.
3595	3595	14 (b-15) The conduct specified in subsections (b-5) and
3596	3596	15 (b-10) shall not trigger reporting requirements under Section
3597	3597	16 65-65 or constitute grounds for suspension under Section
3598	3598	17 70-60.
3599	3599	18 (b-20) An applicant seeking licensure, certification, or
3600	3600	19 authorization under this Act who has been subject to
3601	3601	20 disciplinary action by a duly authorized professional
3602	3602	21 disciplinary agency of another jurisdiction solely on the
3603	3603	22 basis of having provided, authorized, recommended, aided,
3604	3604	23 assisted, referred for, or otherwise participated in health
3605	3605	24 care shall not be denied such licensure, certification, or
3606	3606	25 authorization, unless the Department determines that such
3607	3607	26 action would have constituted professional misconduct in this
3608	3608
3609	3609
3610	3610
3611	3611
3612	3612
3613	3613	SB2450 - 100 - LRB104 12244 BDA 22351 b
3614	3614
3615	3615
3616	3616	SB2450- 101 -LRB104 12244 BDA 22351 b SB2450 - 101 - LRB104 12244 BDA 22351 b
3617	3617	SB2450 - 101 - LRB104 12244 BDA 22351 b
3618	3618	1 State; however, nothing in this Section shall be construed as
3619	3619	2 prohibiting the Department from evaluating the conduct of such
3620	3620	3 applicant and making a determination regarding the licensure,
3621	3621	4 certification, or authorization to practice a profession under
3622	3622	5 this Act.
3623	3623	6 (c) The determination by a circuit court that a licensee
3624	3624	7 is subject to involuntary admission or judicial admission as
3625	3625	8 provided in the Mental Health and Developmental Disabilities
3626	3626	9 Code, as amended, operates as an automatic suspension. The
3627	3627	10 suspension will end only upon a finding by a court that the
3628	3628	11 patient is no longer subject to involuntary admission or
3629	3629	12 judicial admission and issues an order so finding and
3630	3630	13 discharging the patient; and upon the recommendation of the
3631	3631	14 Board to the Secretary that the licensee be allowed to resume
3632	3632	15 his or her practice.
3633	3633	16 (d) The Department may refuse to issue or may suspend or
3634	3634	17 otherwise discipline the license of any person who fails to
3635	3635	18 file a return, or to pay the tax, penalty, or interest shown in
3636	3636	19 a filed return, or to pay any final assessment of the tax,
3637	3637	20 penalty, or interest as required by any tax Act administered
3638	3638	21 by the Department of Revenue, until such time as the
3639	3639	22 requirements of any such tax Act are satisfied.
3640	3640	23 (e) In enforcing this Act, the Department, upon a showing
3641	3641	24 of a possible violation, may compel an individual licensed to
3642	3642	25 practice under this Act or who has applied for licensure under
3643	3643	26 this Act, to submit to a mental or physical examination, or
3644	3644
3645	3645
3646	3646
3647	3647
3648	3648
3649	3649	SB2450 - 101 - LRB104 12244 BDA 22351 b
3650	3650
3651	3651
3652	3652	SB2450- 102 -LRB104 12244 BDA 22351 b SB2450 - 102 - LRB104 12244 BDA 22351 b
3653	3653	SB2450 - 102 - LRB104 12244 BDA 22351 b
3654	3654	1 both, as required by and at the expense of the Department. The
3655	3655	2 Department may order the examining physician to present
3656	3656	3 testimony concerning the mental or physical examination of the
3657	3657	4 licensee or applicant. No information shall be excluded by
3658	3658	5 reason of any common law or statutory privilege relating to
3659	3659	6 communications between the licensee or applicant and the
3660	3660	7 examining physician. The examining physicians shall be
3661	3661	8 specifically designated by the Department. The individual to
3662	3662	9 be examined may have, at his or her own expense, another
3663	3663	10 physician of his or her choice present during all aspects of
3664	3664	11 this examination. Failure of an individual to submit to a
3665	3665	12 mental or physical examination, when directed, shall result in
3666	3666	13 an automatic suspension without hearing.
3667	3667	14 All substance-related violations shall mandate an
3668	3668	15 automatic substance abuse assessment. Failure to submit to an
3669	3669	16 assessment by a licensed physician who is certified as an
3670	3670	17 addictionist or an advanced practice registered nurse with
3671	3671	18 specialty certification in addictions may be grounds for an
3672	3672	19 automatic suspension, as defined by rule.
3673	3673	20 If the Department finds an individual unable to practice
3674	3674	21 or unfit for duty because of the reasons set forth in this
3675	3675	22 subsection (e), the Department may require that individual to
3676	3676	23 submit to a substance abuse evaluation or treatment by
3677	3677	24 individuals or programs approved or designated by the
3678	3678	25 Department, as a condition, term, or restriction for
3679	3679	26 continued, restored, or renewed licensure to practice; or, in
3680	3680
3681	3681
3682	3682
3683	3683
3684	3684
3685	3685	SB2450 - 102 - LRB104 12244 BDA 22351 b
3686	3686
3687	3687
3688	3688	SB2450- 103 -LRB104 12244 BDA 22351 b SB2450 - 103 - LRB104 12244 BDA 22351 b
3689	3689	SB2450 - 103 - LRB104 12244 BDA 22351 b
3690	3690	1 lieu of evaluation or treatment, the Department may file, or
3691	3691	2 the Board may recommend to the Department to file, a complaint
3692	3692	3 to immediately suspend, revoke, or otherwise discipline the
3693	3693	4 license of the individual. An individual whose license was
3694	3694	5 granted, continued, restored, renewed, disciplined, or
3695	3695	6 supervised subject to such terms, conditions, or restrictions,
3696	3696	7 and who fails to comply with such terms, conditions, or
3697	3697	8 restrictions, shall be referred to the Secretary for a
3698	3698	9 determination as to whether the individual shall have his or
3699	3699	10 her license suspended immediately, pending a hearing by the
3700	3700	11 Department.
3701	3701	12 In instances in which the Secretary immediately suspends a
3702	3702	13 person's license under this subsection (e), a hearing on that
3703	3703	14 person's license must be convened by the Department within 15
3704	3704	15 days after the suspension and completed without appreciable
3705	3705	16 delay. The Department and Board shall have the authority to
3706	3706	17 review the subject individual's record of treatment and
3707	3707	18 counseling regarding the impairment to the extent permitted by
3708	3708	19 applicable federal statutes and regulations safeguarding the
3709	3709	20 confidentiality of medical records.
3710	3710	21 An individual licensed under this Act and affected under
3711	3711	22 this subsection (e) shall be afforded an opportunity to
3712	3712	23 demonstrate to the Department that he or she can resume
3713	3713	24 practice in compliance with nursing standards under the
3714	3714	25 provisions of his or her license.
3715	3715	26 (f) The Department may adopt rules to implement,
3716	3716
3717	3717
3718	3718
3719	3719
3720	3720
3721	3721	SB2450 - 103 - LRB104 12244 BDA 22351 b
3722	3722
3723	3723
3724	3724	SB2450- 104 -LRB104 12244 BDA 22351 b SB2450 - 104 - LRB104 12244 BDA 22351 b
3725	3725	SB2450 - 104 - LRB104 12244 BDA 22351 b
3726	3726	1 administer, and enforce this Section the changes made by this
3727	3727	2 amendatory Act of the 102nd General Assembly.
3728	3728	3 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
3729	3729	4 102-1117, eff. 1-13-23.)
3730	3730	5 Section 40. The Pharmacy Practice Act is amended by
3731	3731	6 changing Sections 30 and 30.1 as follows:
3732	3732	7 (225 ILCS 85/30) (from Ch. 111, par. 4150)
3733	3733	8 (Section scheduled to be repealed on January 1, 2028)
3734	3734	9 Sec. 30. Refusal, revocation, suspension, or other
3735	3735	10 discipline.
3736	3736	11 (a) The Department may refuse to issue or renew, or may
3737	3737	12 revoke a license, or may suspend, place on probation, fine, or
3738	3738	13 take any disciplinary or non-disciplinary action as the
3739	3739	14 Department may deem proper, including fines not to exceed
3740	3740	15 $10,000 for each violation, with regard to any licensee for
3741	3741	16 any one or combination of the following causes:
3742	3742	17 1. Material misstatement in furnishing information to
3743	3743	18 the Department.
3744	3744	19 2. Violations of this Act, or the rules promulgated
3745	3745	20 hereunder.
3746	3746	21 3. Making any misrepresentation for the purpose of
3747	3747	22 obtaining licenses.
3748	3748	23 4. A pattern of conduct which demonstrates
3749	3749	24 incompetence or unfitness to practice.
3750	3750
3751	3751
3752	3752
3753	3753
3754	3754
3755	3755	SB2450 - 104 - LRB104 12244 BDA 22351 b
3756	3756
3757	3757
3758	3758	SB2450- 105 -LRB104 12244 BDA 22351 b SB2450 - 105 - LRB104 12244 BDA 22351 b
3759	3759	SB2450 - 105 - LRB104 12244 BDA 22351 b
3760	3760	1 5. Aiding or assisting another person in violating any
3761	3761	2 provision of this Act or rules.
3762	3762	3 6. Failing, within 60 days, to respond to a written
3763	3763	4 request made by the Department for information.
3764	3764	5 7. Engaging in unprofessional, dishonorable, or
3765	3765	6 unethical conduct of a character likely to deceive,
3766	3766	7 defraud, or harm the public as defined by rule.
3767	3767	8 8. Adverse action taken by another state or
3768	3768	9 jurisdiction against a license or other authorization to
3769	3769	10 practice as a pharmacy, pharmacist, registered certified
3770	3770	11 pharmacy technician, or registered pharmacy technician
3771	3771	12 that is the same or substantially equivalent to those set
3772	3772	13 forth in this Section, a certified copy of the record of
3773	3773	14 the action taken by the other state or jurisdiction being
3774	3774	15 prima facie evidence thereof.
3775	3775	16 9. Directly or indirectly giving to or receiving from
3776	3776	17 any person, firm, corporation, partnership, or association
3777	3777	18 any fee, commission, rebate, or other form of compensation
3778	3778	19 for any professional services not actually or personally
3779	3779	20 rendered. Nothing in this item 9 affects any bona fide
3780	3780	21 independent contractor or employment arrangements among
3781	3781	22 health care professionals, health facilities, health care
3782	3782	23 providers, or other entities, except as otherwise
3783	3783	24 prohibited by law. Any employment arrangements may include
3784	3784	25 provisions for compensation, health insurance, pension, or
3785	3785	26 other employment benefits for the provision of services
3786	3786
3787	3787
3788	3788
3789	3789
3790	3790
3791	3791	SB2450 - 105 - LRB104 12244 BDA 22351 b
3792	3792
3793	3793
3794	3794	SB2450- 106 -LRB104 12244 BDA 22351 b SB2450 - 106 - LRB104 12244 BDA 22351 b
3795	3795	SB2450 - 106 - LRB104 12244 BDA 22351 b
3796	3796	1 within the scope of the licensee's practice under this
3797	3797	2 Act. Nothing in this item 9 shall be construed to require
3798	3798	3 an employment arrangement to receive professional fees for
3799	3799	4 services rendered.
3800	3800	5 10. A finding by the Department that the licensee,
3801	3801	6 after having his license placed on probationary status,
3802	3802	7 has violated the terms of probation.
3803	3803	8 11. Selling or engaging in the sale of drug samples
3804	3804	9 provided at no cost by drug manufacturers.
3805	3805	10 12. Physical illness, including, but not limited to,
3806	3806	11 deterioration through the aging process, or loss of motor
3807	3807	12 skill which results in the inability to practice the
3808	3808	13 profession with reasonable judgment, skill or safety.
3809	3809	14 13. A finding that licensure or registration has been
3810	3810	15 applied for or obtained by fraudulent means.
3811	3811	16 14. Conviction by plea of guilty or nolo contendere,
3812	3812	17 finding of guilt, jury verdict, or entry of judgment or
3813	3813	18 sentencing, including, but not limited to, convictions,
3814	3814	19 preceding sentences of supervision, conditional discharge,
3815	3815	20 or first offender probation, under the laws of any
3816	3816	21 jurisdiction of the United States that is (i) a felony or
3817	3817	22 (ii) a misdemeanor, an essential element of which is
3818	3818	23 dishonesty, or that is directly related to the practice of
3819	3819	24 pharmacy or involves controlled substances.
3820	3820	25 15. Habitual or excessive use or addiction to alcohol,
3821	3821	26 narcotics, stimulants, or any other chemical agent or drug
3822	3822
3823	3823
3824	3824
3825	3825
3826	3826
3827	3827	SB2450 - 106 - LRB104 12244 BDA 22351 b
3828	3828
3829	3829
3830	3830	SB2450- 107 -LRB104 12244 BDA 22351 b SB2450 - 107 - LRB104 12244 BDA 22351 b
3831	3831	SB2450 - 107 - LRB104 12244 BDA 22351 b
3832	3832	1 which results in the inability to practice with reasonable
3833	3833	2 judgment, skill, or safety.
3834	3834	3 16. Willfully making or filing false records or
3835	3835	4 reports in the practice of pharmacy, including, but not
3836	3836	5 limited to, false records to support claims against the
3837	3837	6 medical assistance program of the Department of Healthcare
3838	3838	7 and Family Services (formerly Department of Public Aid)
3839	3839	8 under the Public Aid Code.
3840	3840	9 17. Gross and willful overcharging for professional
3841	3841	10 services including filing false statements for collection
3842	3842	11 of fees for which services are not rendered, including,
3843	3843	12 but not limited to, filing false statements for collection
3844	3844	13 of monies for services not rendered from the medical
3845	3845	14 assistance program of the Department of Healthcare and
3846	3846	15 Family Services (formerly Department of Public Aid) under
3847	3847	16 the Public Aid Code.
3848	3848	17 18. Dispensing prescription drugs without receiving a
3849	3849	18 written or oral prescription in violation of law.
3850	3850	19 19. Upon a finding of a substantial discrepancy in a
3851	3851	20 Department audit of a prescription drug, including
3852	3852	21 controlled substances, as that term is defined in this Act
3853	3853	22 or in the Illinois Controlled Substances Act.
3854	3854	23 20. Physical or mental illness or any other impairment
3855	3855	24 or disability, including, without limitation: (A)
3856	3856	25 deterioration through the aging process or loss of motor
3857	3857	26 skills that results in the inability to practice with
3858	3858
3859	3859
3860	3860
3861	3861
3862	3862
3863	3863	SB2450 - 107 - LRB104 12244 BDA 22351 b
3864	3864
3865	3865
3866	3866	SB2450- 108 -LRB104 12244 BDA 22351 b SB2450 - 108 - LRB104 12244 BDA 22351 b
3867	3867	SB2450 - 108 - LRB104 12244 BDA 22351 b
3868	3868	1 reasonable judgment, skill, or safety; or (B) mental
3869	3869	2 incompetence, as declared by a court of competent
3870	3870	3 jurisdiction.
3871	3871	4 21. Violation of the Health Care Worker Self-Referral
3872	3872	5 Act.
3873	3873	6 22. Failing to sell or dispense any drug, medicine, or
3874	3874	7 poison in good faith. "Good faith", for the purposes of
3875	3875	8 this Section, has the meaning ascribed to it in subsection
3876	3876	9 (u) of Section 102 of the Illinois Controlled Substances
3877	3877	10 Act. "Good faith", as used in this item (22), shall not be
3878	3878	11 limited to the sale or dispensing of controlled
3879	3879	12 substances, but shall apply to all prescription drugs.
3880	3880	13 23. Interfering with the professional judgment of a
3881	3881	14 pharmacist by any licensee under this Act, or the
3882	3882	15 licensee's agents or employees.
3883	3883	16 24. Failing to report within 60 days to the Department
3884	3884	17 any adverse final action taken against a pharmacy,
3885	3885	18 pharmacist, registered pharmacy technician, or registered
3886	3886	19 certified pharmacy technician by another licensing
3887	3887	20 jurisdiction in any other state or any territory of the
3888	3888	21 United States or any foreign jurisdiction, any
3889	3889	22 governmental agency, any law enforcement agency, or any
3890	3890	23 court for acts or conduct similar to acts or conduct that
3891	3891	24 would constitute grounds for discipline as defined in this
3892	3892	25 Section.
3893	3893	26 25. Failing to comply with a subpoena issued in
3894	3894
3895	3895
3896	3896
3897	3897
3898	3898
3899	3899	SB2450 - 108 - LRB104 12244 BDA 22351 b
3900	3900
3901	3901
3902	3902	SB2450- 109 -LRB104 12244 BDA 22351 b SB2450 - 109 - LRB104 12244 BDA 22351 b
3903	3903	SB2450 - 109 - LRB104 12244 BDA 22351 b
3904	3904	1 accordance with Section 35.5 of this Act.
3905	3905	2 26. Disclosing protected health information in
3906	3906	3 violation of any State or federal law.
3907	3907	4 27. Willfully failing to report an instance of
3908	3908	5 suspected abuse, neglect, financial exploitation, or
3909	3909	6 self-neglect of an eligible adult as defined in and
3910	3910	7 required by the Adult Protective Services Act.
3911	3911	8 28. Being named as an abuser in a verified report by
3912	3912	9 the Department on Aging under the Adult Protective
3913	3913	10 Services Act, and upon proof by clear and convincing
3914	3914	11 evidence that the licensee abused, neglected, or
3915	3915	12 financially exploited an eligible adult as defined in the
3916	3916	13 Adult Protective Services Act.
3917	3917	14 29. Using advertisements or making solicitations that
3918	3918	15 may jeopardize the health, safety, or welfare of patients,
3919	3919	16 including, but not limited to, the use of advertisements
3920	3920	17 or solicitations that:
3921	3921	18 (A) are false, fraudulent, deceptive, or
3922	3922	19 misleading; or
3923	3923	20 (B) include any claim regarding a professional
3924	3924	21 service or product or the cost or price thereof that
3925	3925	22 cannot be substantiated by the licensee.
3926	3926	23 30. Requiring a pharmacist to participate in the use
3927	3927	24 or distribution of advertisements or in making
3928	3928	25 solicitations that may jeopardize the health, safety, or
3929	3929	26 welfare of patients.
3930	3930
3931	3931
3932	3932
3933	3933
3934	3934
3935	3935	SB2450 - 109 - LRB104 12244 BDA 22351 b
3936	3936
3937	3937
3938	3938	SB2450- 110 -LRB104 12244 BDA 22351 b SB2450 - 110 - LRB104 12244 BDA 22351 b
3939	3939	SB2450 - 110 - LRB104 12244 BDA 22351 b
3940	3940	1 31. Failing to provide a working environment for all
3941	3941	2 pharmacy personnel that protects the health, safety, and
3942	3942	3 welfare of a patient, which includes, but is not limited
3943	3943	4 to, failing to:
3944	3944	5 (A) employ sufficient personnel to prevent
3945	3945	6 fatigue, distraction, or other conditions that
3946	3946	7 interfere with a pharmacist's ability to practice with
3947	3947	8 competency and safety or creates an environment that
3948	3948	9 jeopardizes patient care;
3949	3949	10 (B) provide appropriate opportunities for
3950	3950	11 uninterrupted rest periods and meal breaks;
3951	3951	12 (C) provide adequate time for a pharmacist to
3952	3952	13 complete professional duties and responsibilities,
3953	3953	14 including, but not limited to:
3954	3954	15 (i) drug utilization review;
3955	3955	16 (ii) immunization;
3956	3956	17 (iii) counseling;
3957	3957	18 (iv) verification of the accuracy of a
3958	3958	19 prescription; and
3959	3959	20 (v) all other duties and responsibilities of a
3960	3960	21 pharmacist as listed in the rules of the
3961	3961	22 Department.
3962	3962	23 32. Introducing or enforcing external factors, such as
3963	3963	24 productivity or production quotas or other programs
3964	3964	25 against pharmacists, student pharmacists or pharmacy
3965	3965	26 technicians, to the extent that they interfere with the
3966	3966
3967	3967
3968	3968
3969	3969
3970	3970
3971	3971	SB2450 - 110 - LRB104 12244 BDA 22351 b
3972	3972
3973	3973
3974	3974	SB2450- 111 -LRB104 12244 BDA 22351 b SB2450 - 111 - LRB104 12244 BDA 22351 b
3975	3975	SB2450 - 111 - LRB104 12244 BDA 22351 b
3976	3976	1 ability of those individuals to provide appropriate
3977	3977	2 professional services to the public.
3978	3978	3 33. Providing an incentive for or inducing the
3979	3979	4 transfer of a prescription for a patient absent a
3980	3980	5 professional rationale.
3981	3981	6 (b) The Department may refuse to issue or may suspend the
3982	3982	7 license of any person who fails to file a return, or to pay the
3983	3983	8 tax, penalty, or interest shown in a filed return, or to pay
3984	3984	9 any final assessment of tax, penalty, or interest, as required
3985	3985	10 by any tax Act administered by the Illinois Department of
3986	3986	11 Revenue, until such time as the requirements of any such tax
3987	3987	12 Act are satisfied.
3988	3988	13 (c) The Department shall revoke any license issued under
3989	3989	14 the provisions of this Act or any prior Act of this State of
3990	3990	15 any person who has been convicted a second time of committing
3991	3991	16 any felony under the Illinois Controlled Substances Act, or
3992	3992	17 who has been convicted a second time of committing a Class 1
3993	3993	18 felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
3994	3994	19 Code. A person whose license issued under the provisions of
3995	3995	20 this Act or any prior Act of this State is revoked under this
3996	3996	21 subsection (c) shall be prohibited from engaging in the
3997	3997	22 practice of pharmacy in this State.
3998	3998	23 (c-5) The Department shall not revoke, suspend, summarily
3999	3999	24 suspend, place on prohibition, reprimand, refuse to issue or
4000	4000	25 renew, or take any other disciplinary or non-disciplinary
4001	4001	26 action against a person's authorization to practice the
4002	4002
4003	4003
4004	4004
4005	4005
4006	4006
4007	4007	SB2450 - 111 - LRB104 12244 BDA 22351 b
4008	4008
4009	4009
4010	4010	SB2450- 112 -LRB104 12244 BDA 22351 b SB2450 - 112 - LRB104 12244 BDA 22351 b
4011	4011	SB2450 - 112 - LRB104 12244 BDA 22351 b
4012	4012	1 license or permit issued under this Act to practice as a
4013	4013	2 pharmacist, registered pharmacy technician, or registered
4014	4014	3 certified pharmacy technician based solely upon the person
4015	4015	4 pharmacist, registered pharmacy technician, or registered
4016	4016	5 certified pharmacy technician providing, authorizing,
4017	4017	6 recommending, aiding, assisting, referring for, or otherwise
4018	4018	7 participating in any health care service, so long as the care
4019	4019	8 was not unlawful under the laws of this State, regardless of
4020	4020	9 whether the patient was a resident of this State or another
4021	4021	10 state.
4022	4022	11 (c-10) The Department shall not revoke, suspend, summarily
4023	4023	12 suspend, place on prohibition, reprimand, refuse to issue or
4024	4024	13 renew, or take any other disciplinary or non-disciplinary
4025	4025	14 action against a person's authorization to practice the
4026	4026	15 license or permit issued under this Act to practice as a
4027	4027	16 pharmacist, registered pharmacy technician, or registered
4028	4028	17 certified pharmacy technician based upon the person's
4029	4029	18 pharmacist's, registered pharmacy technician's, or registered
4030	4030	19 certified pharmacy technician's license, registration, or
4031	4031	20 permit being revoked or suspended, or the person pharmacist
4032	4032	21 being otherwise disciplined, by any other state, if that
4033	4033	22 revocation, suspension, or other form of discipline was based
4034	4034	23 solely on the person pharmacist, registered pharmacy
4035	4035	24 technician, or registered certified pharmacy technician
4036	4036	25 violating another state's laws prohibiting the provision of,
4037	4037	26 authorization of, recommendation of, aiding or assisting in,
4038	4038
4039	4039
4040	4040
4041	4041
4042	4042
4043	4043	SB2450 - 112 - LRB104 12244 BDA 22351 b
4044	4044
4045	4045
4046	4046	SB2450- 113 -LRB104 12244 BDA 22351 b SB2450 - 113 - LRB104 12244 BDA 22351 b
4047	4047	SB2450 - 113 - LRB104 12244 BDA 22351 b
4048	4048	1 referring for, or participation in any health care service if
4049	4049	2 that health care service as provided would not have been
4050	4050	3 unlawful under the laws of this State and is consistent with
4051	4051	4 the applicable standard standards of conduct for a person
4052	4052	5 pharmacist, registered pharmacy technician, or registered
4053	4053	6 certified pharmacy technician practicing in Illinois under
4054	4054	7 this Act.
4055	4055	8 (c-15) The conduct specified in subsections (c-5) and
4056	4056	9 (c-10) shall not constitute grounds for suspension under
4057	4057	10 Section 35.16.
4058	4058	11 (c-20) An applicant seeking licensure, certification, or
4059	4059	12 authorization pursuant to this Act who has been subject to
4060	4060	13 disciplinary action by a duly authorized professional
4061	4061	14 disciplinary agency of another jurisdiction solely on the
4062	4062	15 basis of having provided, authorized, recommended, aided,
4063	4063	16 assisted, referred for, or otherwise participated in health
4064	4064	17 care shall not be denied such licensure, certification, or
4065	4065	18 authorization, unless the Department determines that such
4066	4066	19 action would have constituted professional misconduct in this
4067	4067	20 State; however, nothing in this Section shall be construed as
4068	4068	21 prohibiting the Department from evaluating the conduct of such
4069	4069	22 applicant and making a determination regarding the licensure,
4070	4070	23 certification, or authorization to practice a profession under
4071	4071	24 this Act.
4072	4072	25 (d) Fines may be imposed in conjunction with other forms
4073	4073	26 of disciplinary action, but shall not be the exclusive
4074	4074
4075	4075
4076	4076
4077	4077
4078	4078
4079	4079	SB2450 - 113 - LRB104 12244 BDA 22351 b
4080	4080
4081	4081
4082	4082	SB2450- 114 -LRB104 12244 BDA 22351 b SB2450 - 114 - LRB104 12244 BDA 22351 b
4083	4083	SB2450 - 114 - LRB104 12244 BDA 22351 b
4084	4084	1 disposition of any disciplinary action arising out of conduct
4085	4085	2 resulting in death or injury to a patient. Fines shall be paid
4086	4086	3 within 60 days or as otherwise agreed to by the Department. Any
4087	4087	4 funds collected from such fines shall be deposited in the
4088	4088	5 Illinois State Pharmacy Disciplinary Fund.
4089	4089	6 (e) The entry of an order or judgment by any circuit court
4090	4090	7 establishing that any person holding a license or certificate
4091	4091	8 under this Act is a person in need of mental treatment operates
4092	4092	9 as a suspension of that license. A licensee may resume his or
4093	4093	10 her practice only upon the entry of an order of the Department
4094	4094	11 based upon a finding by the Board that he or she has been
4095	4095	12 determined to be recovered from mental illness by the court
4096	4096	13 and upon the Board's recommendation that the licensee be
4097	4097	14 permitted to resume his or her practice.
4098	4098	15 (f) The Department shall issue quarterly to the Board a
4099	4099	16 status of all complaints related to the profession received by
4100	4100	17 the Department.
4101	4101	18 (g) In enforcing this Section, the Board or the
4102	4102	19 Department, upon a showing of a possible violation, may compel
4103	4103	20 any licensee or applicant for licensure under this Act to
4104	4104	21 submit to a mental or physical examination or both, as
4105	4105	22 required by and at the expense of the Department. The
4106	4106	23 examining physician, or multidisciplinary team involved in
4107	4107	24 providing physical and mental examinations led by a physician
4108	4108	25 consisting of one or a combination of licensed physicians,
4109	4109	26 licensed clinical psychologists, licensed clinical social
4110	4110
4111	4111
4112	4112
4113	4113
4114	4114
4115	4115	SB2450 - 114 - LRB104 12244 BDA 22351 b
4116	4116
4117	4117
4118	4118	SB2450- 115 -LRB104 12244 BDA 22351 b SB2450 - 115 - LRB104 12244 BDA 22351 b
4119	4119	SB2450 - 115 - LRB104 12244 BDA 22351 b
4120	4120	1 workers, licensed clinical professional counselors, and other
4121	4121	2 professional and administrative staff, shall be those
4122	4122	3 specifically designated by the Department. The Board or the
4123	4123	4 Department may order the examining physician or any member of
4124	4124	5 the multidisciplinary team to present testimony concerning
4125	4125	6 this mental or physical examination of the licensee or
4126	4126	7 applicant. No information, report, or other documents in any
4127	4127	8 way related to the examination shall be excluded by reason of
4128	4128	9 any common law or statutory privilege relating to
4129	4129	10 communication between the licensee or applicant and the
4130	4130	11 examining physician or any member of the multidisciplinary
4131	4131	12 team. The individual to be examined may have, at his or her own
4132	4132	13 expense, another physician of his or her choice present during
4133	4133	14 all aspects of the examination. Failure of any individual to
4134	4134	15 submit to a mental or physical examination when directed shall
4135	4135	16 result in the automatic suspension of his or her license until
4136	4136	17 such time as the individual submits to the examination. If the
4137	4137	18 Board or Department finds a pharmacist, registered certified
4138	4138	19 pharmacy technician, or registered pharmacy technician unable
4139	4139	20 to practice because of the reasons set forth in this Section,
4140	4140	21 the Board or Department shall require such pharmacist,
4141	4141	22 registered certified pharmacy technician, or registered
4142	4142	23 pharmacy technician to submit to care, counseling, or
4143	4143	24 treatment by physicians or other appropriate health care
4144	4144	25 providers approved or designated by the Department as a
4145	4145	26 condition for continued, restored, or renewed licensure to
4146	4146
4147	4147
4148	4148
4149	4149
4150	4150
4151	4151	SB2450 - 115 - LRB104 12244 BDA 22351 b
4152	4152
4153	4153
4154	4154	SB2450- 116 -LRB104 12244 BDA 22351 b SB2450 - 116 - LRB104 12244 BDA 22351 b
4155	4155	SB2450 - 116 - LRB104 12244 BDA 22351 b
4156	4156	1 practice. Any pharmacist, registered certified pharmacy
4157	4157	2 technician, or registered pharmacy technician whose license
4158	4158	3 was granted, continued, restored, renewed, disciplined, or
4159	4159	4 supervised, subject to such terms, conditions, or
4160	4160	5 restrictions, and who fails to comply with such terms,
4161	4161	6 conditions, or restrictions or to complete a required program
4162	4162	7 of care, counseling, or treatment, as determined by the chief
4163	4163	8 pharmacy coordinator, shall be referred to the Secretary for a
4164	4164	9 determination as to whether the licensee shall have his or her
4165	4165	10 license suspended immediately, pending a hearing by the Board.
4166	4166	11 In instances in which the Secretary immediately suspends a
4167	4167	12 license under this subsection (g), a hearing upon such
4168	4168	13 person's license must be convened by the Board within 15 days
4169	4169	14 after such suspension and completed without appreciable delay.
4170	4170	15 The Department and Board shall have the authority to review
4171	4171	16 the subject pharmacist's, registered certified pharmacy
4172	4172	17 technician's, or registered pharmacy technician's record of
4173	4173	18 treatment and counseling regarding the impairment.
4174	4174	19 (h) An individual or organization acting in good faith,
4175	4175	20 and not in a willful and wanton manner, in complying with this
4176	4176	21 Section by providing a report or other information to the
4177	4177	22 Board, by assisting in the investigation or preparation of a
4178	4178	23 report or information, by participating in proceedings of the
4179	4179	24 Board, or by serving as a member of the Board shall not, as a
4180	4180	25 result of such actions, be subject to criminal prosecution or
4181	4181	26 civil damages. Any person who reports a violation of this
4182	4182
4183	4183
4184	4184
4185	4185
4186	4186
4187	4187	SB2450 - 116 - LRB104 12244 BDA 22351 b
4188	4188
4189	4189
4190	4190	SB2450- 117 -LRB104 12244 BDA 22351 b SB2450 - 117 - LRB104 12244 BDA 22351 b
4191	4191	SB2450 - 117 - LRB104 12244 BDA 22351 b
4192	4192	1 Section to the Department is protected under subsection (b) of
4193	4193	2 Section 15 of the Whistleblower Act.
4194	4194	3 (i) Members of the Board shall have no liability in any
4195	4195	4 action based upon any disciplinary proceedings or other
4196	4196	5 activity performed in good faith as a member of the Board. The
4197	4197	6 Attorney General shall defend all such actions unless he or
4198	4198	7 she determines either that there would be a conflict of
4199	4199	8 interest in such representation or that the actions complained
4200	4200	9 of were not in good faith or were willful and wanton.
4201	4201	10 If the Attorney General declines representation, the
4202	4202	11 member shall have the right to employ counsel of his or her
4203	4203	12 choice, whose fees shall be provided by the State, after
4204	4204	13 approval by the Attorney General, unless there is a
4205	4205	14 determination by a court that the member's actions were not in
4206	4206	15 good faith or were willful and wanton.
4207	4207	16 The member must notify the Attorney General within 7 days
4208	4208	17 of receipt of notice of the initiation of any action involving
4209	4209	18 services of the Board. Failure to so notify the Attorney
4210	4210	19 General shall constitute an absolute waiver of the right to a
4211	4211	20 defense and indemnification.
4212	4212	21 The Attorney General shall determine, within 7 days after
4213	4213	22 receiving such notice, whether he or she will undertake to
4214	4214	23 represent the member.
4215	4215	24 (j) The Department may adopt rules to implement,
4216	4216	25 administer, and enforce this Section the changes made by this
4217	4217	26 amendatory Act of the 102nd General Assembly.
4218	4218
4219	4219
4220	4220
4221	4221
4222	4222
4223	4223	SB2450 - 117 - LRB104 12244 BDA 22351 b
4224	4224
4225	4225
4226	4226	SB2450- 118 -LRB104 12244 BDA 22351 b SB2450 - 118 - LRB104 12244 BDA 22351 b
4227	4227	SB2450 - 118 - LRB104 12244 BDA 22351 b
4228	4228	1 (Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;
4229	4229	2 102-1117, eff. 1-13-23.)
4230	4230	3 (225 ILCS 85/30.1)
4231	4231	4 (Section scheduled to be repealed on January 1, 2028)
4232	4232	5 Sec. 30.1. Reporting.
4233	4233	6 (a) When a pharmacist, registered certified pharmacy
4234	4234	7 technician, or a registered pharmacy technician licensed by
4235	4235	8 the Department is terminated for actions which may have
4236	4236	9 threatened patient safety, the pharmacy or
4237	4237	10 pharmacist-in-charge, pursuant to the policies and procedures
4238	4238	11 of the pharmacy at which he or she is employed, shall report
4239	4239	12 the termination to the chief pharmacy coordinator. Such
4240	4240	13 reports shall be strictly confidential and may be reviewed and
4241	4241	14 considered only by the members of the Board or by authorized
4242	4242	15 Department staff. Such reports, and any records associated
4243	4243	16 with such reports, are exempt from public disclosure and the
4244	4244	17 Freedom of Information Act. Although the reports are exempt
4245	4245	18 from disclosure, any formal complaint filed against a licensee
4246	4246	19 or registrant by the Department or any order issued by the
4247	4247	20 Department against a licensee, registrant, or applicant shall
4248	4248	21 be a public record, except as otherwise prohibited by law. A
4249	4249	22 pharmacy shall not take any adverse action, including, but not
4250	4250	23 limited to, disciplining or terminating a person authorized to
4251	4251	24 practice under this Act pharmacist, registered certified
4252	4252	25 pharmacy technician, or registered pharmacy technician, as a
4253	4253
4254	4254
4255	4255
4256	4256
4257	4257
4258	4258	SB2450 - 118 - LRB104 12244 BDA 22351 b
4259	4259
4260	4260
4261	4261	SB2450- 119 -LRB104 12244 BDA 22351 b SB2450 - 119 - LRB104 12244 BDA 22351 b
4262	4262	SB2450 - 119 - LRB104 12244 BDA 22351 b
4263	4263	1 result of an adverse action against the person's license,
4264	4264	2 registration, permit, or clinical privileges or other
4265	4265	3 disciplinary action by another state or health care
4266	4266	4 institution that resulted from the person's pharmacist's,
4267	4267	5 registered certified pharmacy technician's, or registered
4268	4268	6 pharmacy technician's provision of, authorization of,
4269	4269	7 recommendation of, aiding or assistance with, referral for, or
4270	4270	8 participation in any health care service, if the adverse
4271	4271	9 action was based solely on a violation of the other state's law
4272	4272	10 prohibiting the provision such health care and related
4273	4273	11 services in the state or for a resident of the state if that
4274	4274	12 health care service would not have been unlawful under the
4275	4275	13 laws of this State and is consistent with the applicable
4276	4276	14 standard of conduct for the person practicing in Illinois
4277	4277	15 under this Act.
4278	4278	16 (b) The report shall be submitted to the chief pharmacy
4279	4279	17 coordinator in a timely fashion. Unless otherwise provided in
4280	4280	18 this Section, the reports shall be filed in writing, on forms
4281	4281	19 provided by the Department, within 60 days after a pharmacy's
4282	4282	20 determination that a report is required under this Act. All
4283	4283	21 reports shall contain only the following information:
4284	4284	22 (1) The name, address, and telephone number of the
4285	4285	23 person making the report.
4286	4286	24 (2) The name, license number, and last known address
4287	4287	25 and telephone number of the person who is the subject of
4288	4288	26 the report.
4289	4289
4290	4290
4291	4291
4292	4292
4293	4293
4294	4294	SB2450 - 119 - LRB104 12244 BDA 22351 b
4295	4295
4296	4296
4297	4297	SB2450- 120 -LRB104 12244 BDA 22351 b SB2450 - 120 - LRB104 12244 BDA 22351 b
4298	4298	SB2450 - 120 - LRB104 12244 BDA 22351 b
4299	4299	1 (3) A brief description of the facts which gave rise
4300	4300	2 to the issuance of the report, including dates of
4301	4301	3 occurrence.
4302	4302	4 (c) The contents of any report and any records associated
4303	4303	5 with such report shall be strictly confidential and may only
4304	4304	6 be reviewed by:
4305	4305	7 (1) members of the Board of Pharmacy;
4306	4306	8 (2) the Board of Pharmacy's designated attorney;
4307	4307	9 (3) administrative personnel assigned to open mail
4308	4308	10 containing reports, to process and distribute reports to
4309	4309	11 authorized persons, and to communicate with senders of
4310	4310	12 reports;
4311	4311	13 (4) Department investigators and Department
4312	4312	14 prosecutors; or
4313	4313	15 (5) attorneys from the Office of the Illinois Attorney
4314	4314	16 General representing the Department in litigation in
4315	4315	17 response to specific disciplinary action the Department
4316	4316	18 has taken or initiated against a specific individual
4317	4317	19 pursuant to this Section.
4318	4318	20 (d) Whenever a pharmacy or pharmacist-in-charge makes a
4319	4319	21 report and provides any records associated with that report to
4320	4320	22 the Department, acts in good faith, and not in a willful and
4321	4321	23 wanton manner, the person or entity making the report and the
4322	4322	24 pharmacy or health care institution employing him or her shall
4323	4323	25 not, as a result of such actions, be subject to criminal
4324	4324	26 prosecution or civil damages.
4325	4325
4326	4326
4327	4327
4328	4328
4329	4329
4330	4330	SB2450 - 120 - LRB104 12244 BDA 22351 b
4331	4331
4332	4332
4333	4333	SB2450- 121 -LRB104 12244 BDA 22351 b SB2450 - 121 - LRB104 12244 BDA 22351 b
4334	4334	SB2450 - 121 - LRB104 12244 BDA 22351 b
4335	4335	1 (e) The Department may adopt rules to implement,
4336	4336	2 administer, and enforce this Section the changes made by this
4337	4337	3 amendatory Act of the 102nd General Assembly.
4338	4338	4 (Source: P.A. 102-1117, eff. 1-13-23.)
4339	4339	5 Section 45. The Physician Assistant Practice Act of 1987
4340	4340	6 is amended by changing Section 21 as follows:
4341	4341	7 (225 ILCS 95/21) (from Ch. 111, par. 4621)
4342	4342	8 (Section scheduled to be repealed on January 1, 2028)
4343	4343	9 Sec. 21. Grounds for disciplinary action.
4344	4344	10 (a) The Department may refuse to issue or to renew, or may
4345	4345	11 revoke, suspend, place on probation, reprimand, or take other
4346	4346	12 disciplinary or non-disciplinary action with regard to any
4347	4347	13 license issued under this Act as the Department may deem
4348	4348	14 proper, including the issuance of fines not to exceed $10,000
4349	4349	15 for each violation, for any one or combination of the
4350	4350	16 following causes:
4351	4351	17 (1) Material misstatement in furnishing information to
4352	4352	18 the Department.
4353	4353	19 (2) Violations of this Act, or the rules adopted under
4354	4354	20 this Act.
4355	4355	21 (3) Conviction by plea of guilty or nolo contendere,
4356	4356	22 finding of guilt, jury verdict, or entry of judgment or
4357	4357	23 sentencing, including, but not limited to, convictions,
4358	4358	24 preceding sentences of supervision, conditional discharge,
4359	4359
4360	4360
4361	4361
4362	4362
4363	4363
4364	4364	SB2450 - 121 - LRB104 12244 BDA 22351 b
4365	4365
4366	4366
4367	4367	SB2450- 122 -LRB104 12244 BDA 22351 b SB2450 - 122 - LRB104 12244 BDA 22351 b
4368	4368	SB2450 - 122 - LRB104 12244 BDA 22351 b
4369	4369	1 or first offender probation, under the laws of any
4370	4370	2 jurisdiction of the United States that is: (i) a felony;
4371	4371	3 or (ii) a misdemeanor, an essential element of which is
4372	4372	4 dishonesty, or that is directly related to the practice of
4373	4373	5 the profession.
4374	4374	6 (4) Making any misrepresentation for the purpose of
4375	4375	7 obtaining licenses.
4376	4376	8 (5) Professional incompetence.
4377	4377	9 (6) Aiding or assisting another person in violating
4378	4378	10 any provision of this Act or its rules.
4379	4379	11 (7) Failing, within 60 days, to provide information in
4380	4380	12 response to a written request made by the Department.
4381	4381	13 (8) Engaging in dishonorable, unethical, or
4382	4382	14 unprofessional conduct, as defined by rule, of a character
4383	4383	15 likely to deceive, defraud, or harm the public.
4384	4384	16 (9) Habitual or excessive use or addiction to alcohol,
4385	4385	17 narcotics, stimulants, or any other chemical agent or drug
4386	4386	18 that results in a physician assistant's inability to
4387	4387	19 practice with reasonable judgment, skill, or safety.
4388	4388	20 (10) Discipline by another U.S. jurisdiction or
4389	4389	21 foreign nation, if at least one of the grounds for
4390	4390	22 discipline is the same or substantially equivalent to
4391	4391	23 those set forth in this Section.
4392	4392	24 (11) Directly or indirectly giving to or receiving
4393	4393	25 from any person, firm, corporation, partnership, or
4394	4394	26 association any fee, commission, rebate, or other form of
4395	4395
4396	4396
4397	4397
4398	4398
4399	4399
4400	4400	SB2450 - 122 - LRB104 12244 BDA 22351 b
4401	4401
4402	4402
4403	4403	SB2450- 123 -LRB104 12244 BDA 22351 b SB2450 - 123 - LRB104 12244 BDA 22351 b
4404	4404	SB2450 - 123 - LRB104 12244 BDA 22351 b
4405	4405	1 compensation for any professional services not actually or
4406	4406	2 personally rendered. Nothing in this paragraph (11)
4407	4407	3 affects any bona fide independent contractor or employment
4408	4408	4 arrangements, which may include provisions for
4409	4409	5 compensation, health insurance, pension, or other
4410	4410	6 employment benefits, with persons or entities authorized
4411	4411	7 under this Act for the provision of services within the
4412	4412	8 scope of the licensee's practice under this Act.
4413	4413	9 (12) A finding by the Board that the licensee, after
4414	4414	10 having his or her license placed on probationary status,
4415	4415	11 has violated the terms of probation.
4416	4416	12 (13) Abandonment of a patient.
4417	4417	13 (14) Willfully making or filing false records or
4418	4418	14 reports in his or her practice, including, but not limited
4419	4419	15 to, false records filed with State agencies or
4420	4420	16 departments.
4421	4421	17 (15) Willfully failing to report an instance of
4422	4422	18 suspected child abuse or neglect as required by the Abused
4423	4423	19 and Neglected Child Reporting Act.
4424	4424	20 (16) Physical illness, or mental illness or impairment
4425	4425	21 that results in the inability to practice the profession
4426	4426	22 with reasonable judgment, skill, or safety, including, but
4427	4427	23 not limited to, deterioration through the aging process or
4428	4428	24 loss of motor skill.
4429	4429	25 (17) Being named as a perpetrator in an indicated
4430	4430	26 report by the Department of Children and Family Services
4431	4431
4432	4432
4433	4433
4434	4434
4435	4435
4436	4436	SB2450 - 123 - LRB104 12244 BDA 22351 b
4437	4437
4438	4438
4439	4439	SB2450- 124 -LRB104 12244 BDA 22351 b SB2450 - 124 - LRB104 12244 BDA 22351 b
4440	4440	SB2450 - 124 - LRB104 12244 BDA 22351 b
4441	4441	1 under the Abused and Neglected Child Reporting Act, and
4442	4442	2 upon proof by clear and convincing evidence that the
4443	4443	3 licensee has caused a child to be an abused child or
4444	4444	4 neglected child as defined in the Abused and Neglected
4445	4445	5 Child Reporting Act.
4446	4446	6 (18) (Blank).
4447	4447	7 (19) Gross negligence resulting in permanent injury or
4448	4448	8 death of a patient.
4449	4449	9 (20) Employment of fraud, deception or any unlawful
4450	4450	10 means in applying for or securing a license as a physician
4451	4451	11 assistant.
4452	4452	12 (21) Exceeding the authority delegated to him or her
4453	4453	13 by his or her collaborating physician in a written
4454	4454	14 collaborative agreement.
4455	4455	15 (22) Immoral conduct in the commission of any act,
4456	4456	16 such as sexual abuse, sexual misconduct, or sexual
4457	4457	17 exploitation related to the licensee's practice.
4458	4458	18 (23) Violation of the Health Care Worker Self-Referral
4459	4459	19 Act.
4460	4460	20 (24) Practicing under a false or assumed name, except
4461	4461	21 as provided by law.
4462	4462	22 (25) Making a false or misleading statement regarding
4463	4463	23 his or her skill or the efficacy or value of the medicine,
4464	4464	24 treatment, or remedy prescribed by him or her in the
4465	4465	25 course of treatment.
4466	4466	26 (26) Allowing another person to use his or her license
4467	4467
4468	4468
4469	4469
4470	4470
4471	4471
4472	4472	SB2450 - 124 - LRB104 12244 BDA 22351 b
4473	4473
4474	4474
4475	4475	SB2450- 125 -LRB104 12244 BDA 22351 b SB2450 - 125 - LRB104 12244 BDA 22351 b
4476	4476	SB2450 - 125 - LRB104 12244 BDA 22351 b
4477	4477	1 to practice.
4478	4478	2 (27) Prescribing, selling, administering,
4479	4479	3 distributing, giving, or self-administering a drug
4480	4480	4 classified as a controlled substance for other than
4481	4481	5 medically accepted therapeutic purposes.
4482	4482	6 (28) Promotion of the sale of drugs, devices,
4483	4483	7 appliances, or goods provided for a patient in a manner to
4484	4484	8 exploit the patient for financial gain.
4485	4485	9 (29) A pattern of practice or other behavior that
4486	4486	10 demonstrates incapacity or incompetence to practice under
4487	4487	11 this Act.
4488	4488	12 (30) Violating State or federal laws or regulations
4489	4489	13 relating to controlled substances or other legend drugs or
4490	4490	14 ephedra as defined in the Ephedra Prohibition Act.
4491	4491	15 (31) Exceeding the prescriptive authority delegated by
4492	4492	16 the collaborating physician or violating the written
4493	4493	17 collaborative agreement delegating that authority.
4494	4494	18 (32) Practicing without providing to the Department a
4495	4495	19 notice of collaboration or delegation of prescriptive
4496	4496	20 authority.
4497	4497	21 (33) Failure to establish and maintain records of
4498	4498	22 patient care and treatment as required by law.
4499	4499	23 (34) Attempting to subvert or cheat on the examination
4500	4500	24 of the National Commission on Certification of Physician
4501	4501	25 Assistants or its successor agency.
4502	4502	26 (35) Willfully or negligently violating the
4503	4503
4504	4504
4505	4505
4506	4506
4507	4507
4508	4508	SB2450 - 125 - LRB104 12244 BDA 22351 b
4509	4509
4510	4510
4511	4511	SB2450- 126 -LRB104 12244 BDA 22351 b SB2450 - 126 - LRB104 12244 BDA 22351 b
4512	4512	SB2450 - 126 - LRB104 12244 BDA 22351 b
4513	4513	1 confidentiality between physician assistant and patient,
4514	4514	2 except as required by law.
4515	4515	3 (36) Willfully failing to report an instance of
4516	4516	4 suspected abuse, neglect, financial exploitation, or
4517	4517	5 self-neglect of an eligible adult as defined in and
4518	4518	6 required by the Adult Protective Services Act.
4519	4519	7 (37) Being named as an abuser in a verified report by
4520	4520	8 the Department on Aging under the Adult Protective
4521	4521	9 Services Act and upon proof by clear and convincing
4522	4522	10 evidence that the licensee abused, neglected, or
4523	4523	11 financially exploited an eligible adult as defined in the
4524	4524	12 Adult Protective Services Act.
4525	4525	13 (38) Failure to report to the Department an adverse
4526	4526	14 final action taken against him or her by another licensing
4527	4527	15 jurisdiction of the United States or a foreign state or
4528	4528	16 country, a peer review body, a health care institution, a
4529	4529	17 professional society or association, a governmental
4530	4530	18 agency, a law enforcement agency, or a court acts or
4531	4531	19 conduct similar to acts or conduct that would constitute
4532	4532	20 grounds for action under this Section.
4533	4533	21 (39) Failure to provide copies of records of patient
4534	4534	22 care or treatment, except as required by law.
4535	4535	23 (40) Entering into an excessive number of written
4536	4536	24 collaborative agreements with licensed physicians
4537	4537	25 resulting in an inability to adequately collaborate.
4538	4538	26 (41) Repeated failure to adequately collaborate with a
4539	4539
4540	4540
4541	4541
4542	4542
4543	4543
4544	4544	SB2450 - 126 - LRB104 12244 BDA 22351 b
4545	4545
4546	4546
4547	4547	SB2450- 127 -LRB104 12244 BDA 22351 b SB2450 - 127 - LRB104 12244 BDA 22351 b
4548	4548	SB2450 - 127 - LRB104 12244 BDA 22351 b
4549	4549	1 collaborating physician.
4550	4550	2 (42) Violating the Compassionate Use of Medical
4551	4551	3 Cannabis Program Act.
4552	4552	4 (b) The Department may, without a hearing, refuse to issue
4553	4553	5 or renew or may suspend the license of any person who fails to
4554	4554	6 file a return, or to pay the tax, penalty, or interest shown in
4555	4555	7 a filed return, or to pay any final assessment of the tax,
4556	4556	8 penalty, or interest as required by any tax Act administered
4557	4557	9 by the Illinois Department of Revenue, until such time as the
4558	4558	10 requirements of any such tax Act are satisfied.
4559	4559	11 (b-5) The Department shall not revoke, suspend, summarily
4560	4560	12 suspend, place on prohibition, reprimand, refuse to issue or
4561	4561	13 renew, or take any other disciplinary or non-disciplinary
4562	4562	14 action against a person's authorization to practice the
4563	4563	15 license or permit issued under this Act to practice as a
4564	4564	16 physician assistant based solely upon the person physician
4565	4565	17 assistant providing, authorizing, recommending, aiding,
4566	4566	18 assisting, referring for, or otherwise participating in any
4567	4567	19 health care service, so long as the care was not unlawful under
4568	4568	20 the laws of this State, regardless of whether the patient was a
4569	4569	21 resident of this State or another state.
4570	4570	22 (b-10) The Department shall not revoke, suspend, summarily
4571	4571	23 suspend, place on prohibition, reprimand, refuse to issue or
4572	4572	24 renew, or take any other disciplinary or non-disciplinary
4573	4573	25 action against a person's authorization to practice the
4574	4574	26 license or permit issued under this Act to practice as a
4575	4575
4576	4576
4577	4577
4578	4578
4579	4579
4580	4580	SB2450 - 127 - LRB104 12244 BDA 22351 b
4581	4581
4582	4582
4583	4583	SB2450- 128 -LRB104 12244 BDA 22351 b SB2450 - 128 - LRB104 12244 BDA 22351 b
4584	4584	SB2450 - 128 - LRB104 12244 BDA 22351 b
4585	4585	1 physician assistant based upon the person's physician
4586	4586	2 assistant's license, registration, or permit being revoked or
4587	4587	3 suspended, or the person physician assistant being otherwise
4588	4588	4 disciplined, by any other state, if that revocation,
4589	4589	5 suspension, or other form of discipline was based solely on
4590	4590	6 the person physician assistant violating another state's laws
4591	4591	7 prohibiting the provision of, authorization of, recommendation
4592	4592	8 of, aiding or assisting in, referring for, or participation in
4593	4593	9 any health care service if that health care service as
4594	4594	10 provided would not have been unlawful under the laws of this
4595	4595	11 State and is consistent with the applicable standard standards
4596	4596	12 of conduct for a person physician assistant practicing in
4597	4597	13 Illinois under this Act.
4598	4598	14 (b-15) The conduct specified in subsections (b-5) and
4599	4599	15 (b-10) shall not constitute grounds for suspension under
4600	4600	16 Section 22.13.
4601	4601	17 (b-20) An applicant seeking licensure, certification, or
4602	4602	18 authorization pursuant to this Act who has been subject to
4603	4603	19 disciplinary action by a duly authorized professional
4604	4604	20 disciplinary agency of another jurisdiction solely on the
4605	4605	21 basis of having provided, authorized, recommended, aided,
4606	4606	22 assisted, referred for, or otherwise participated in health
4607	4607	23 care shall not be denied such licensure, certification, or
4608	4608	24 authorization, unless the Department determines that such
4609	4609	25 action would have constituted professional misconduct in this
4610	4610	26 State; however, nothing in this Section shall be construed as
4611	4611
4612	4612
4613	4613
4614	4614
4615	4615
4616	4616	SB2450 - 128 - LRB104 12244 BDA 22351 b
4617	4617
4618	4618
4619	4619	SB2450- 129 -LRB104 12244 BDA 22351 b SB2450 - 129 - LRB104 12244 BDA 22351 b
4620	4620	SB2450 - 129 - LRB104 12244 BDA 22351 b
4621	4621	1 prohibiting the Department from evaluating the conduct of such
4622	4622	2 applicant and making a determination regarding the licensure,
4623	4623	3 certification, or authorization to practice a profession under
4624	4624	4 this Act.
4625	4625	5 (c) The determination by a circuit court that a licensee
4626	4626	6 is subject to involuntary admission or judicial admission as
4627	4627	7 provided in the Mental Health and Developmental Disabilities
4628	4628	8 Code operates as an automatic suspension. The suspension will
4629	4629	9 end only upon a finding by a court that the patient is no
4630	4630	10 longer subject to involuntary admission or judicial admission
4631	4631	11 and issues an order so finding and discharging the patient,
4632	4632	12 and upon the recommendation of the Board to the Secretary that
4633	4633	13 the licensee be allowed to resume his or her practice.
4634	4634	14 (d) In enforcing this Section, the Department upon a
4635	4635	15 showing of a possible violation may compel an individual
4636	4636	16 licensed to practice under this Act, or who has applied for
4637	4637	17 licensure under this Act, to submit to a mental or physical
4638	4638	18 examination, or both, which may include a substance abuse or
4639	4639	19 sexual offender evaluation, as required by and at the expense
4640	4640	20 of the Department.
4641	4641	21 The Department shall specifically designate the examining
4642	4642	22 physician licensed to practice medicine in all of its branches
4643	4643	23 or, if applicable, the multidisciplinary team involved in
4644	4644	24 providing the mental or physical examination or both. The
4645	4645	25 multidisciplinary team shall be led by a physician licensed to
4646	4646	26 practice medicine in all of its branches and may consist of one
4647	4647
4648	4648
4649	4649
4650	4650
4651	4651
4652	4652	SB2450 - 129 - LRB104 12244 BDA 22351 b
4653	4653
4654	4654
4655	4655	SB2450- 130 -LRB104 12244 BDA 22351 b SB2450 - 130 - LRB104 12244 BDA 22351 b
4656	4656	SB2450 - 130 - LRB104 12244 BDA 22351 b
4657	4657	1 or more or a combination of physicians licensed to practice
4658	4658	2 medicine in all of its branches, licensed clinical
4659	4659	3 psychologists, licensed clinical social workers, licensed
4660	4660	4 clinical professional counselors, and other professional and
4661	4661	5 administrative staff. Any examining physician or member of the
4662	4662	6 multidisciplinary team may require any person ordered to
4663	4663	7 submit to an examination pursuant to this Section to submit to
4664	4664	8 any additional supplemental testing deemed necessary to
4665	4665	9 complete any examination or evaluation process, including, but
4666	4666	10 not limited to, blood testing, urinalysis, psychological
4667	4667	11 testing, or neuropsychological testing.
4668	4668	12 The Department may order the examining physician or any
4669	4669	13 member of the multidisciplinary team to provide to the
4670	4670	14 Department any and all records, including business records,
4671	4671	15 that relate to the examination and evaluation, including any
4672	4672	16 supplemental testing performed.
4673	4673	17 The Department may order the examining physician or any
4674	4674	18 member of the multidisciplinary team to present testimony
4675	4675	19 concerning the mental or physical examination of the licensee
4676	4676	20 or applicant. No information, report, record, or other
4677	4677	21 documents in any way related to the examination shall be
4678	4678	22 excluded by reason of any common law or statutory privilege
4679	4679	23 relating to communications between the licensee or applicant
4680	4680	24 and the examining physician or any member of the
4681	4681	25 multidisciplinary team. No authorization is necessary from the
4682	4682	26 licensee or applicant ordered to undergo an examination for
4683	4683
4684	4684
4685	4685
4686	4686
4687	4687
4688	4688	SB2450 - 130 - LRB104 12244 BDA 22351 b
4689	4689
4690	4690
4691	4691	SB2450- 131 -LRB104 12244 BDA 22351 b SB2450 - 131 - LRB104 12244 BDA 22351 b
4692	4692	SB2450 - 131 - LRB104 12244 BDA 22351 b
4693	4693	1 the examining physician or any member of the multidisciplinary
4694	4694	2 team to provide information, reports, records, or other
4695	4695	3 documents or to provide any testimony regarding the
4696	4696	4 examination and evaluation.
4697	4697	5 The individual to be examined may have, at his or her own
4698	4698	6 expense, another physician of his or her choice present during
4699	4699	7 all aspects of this examination. However, that physician shall
4700	4700	8 be present only to observe and may not interfere in any way
4701	4701	9 with the examination.
4702	4702	10 Failure of an individual to submit to a mental or physical
4703	4703	11 examination, when ordered, shall result in an automatic
4704	4704	12 suspension of his or her license until the individual submits
4705	4705	13 to the examination.
4706	4706	14 If the Department finds an individual unable to practice
4707	4707	15 because of the reasons set forth in this Section, the
4708	4708	16 Department may require that individual to submit to care,
4709	4709	17 counseling, or treatment by physicians approved or designated
4710	4710	18 by the Department, as a condition, term, or restriction for
4711	4711	19 continued, reinstated, or renewed licensure to practice; or,
4712	4712	20 in lieu of care, counseling, or treatment, the Department may
4713	4713	21 file a complaint to immediately suspend, revoke, or otherwise
4714	4714	22 discipline the license of the individual. An individual whose
4715	4715	23 license was granted, continued, reinstated, renewed,
4716	4716	24 disciplined, or supervised subject to such terms, conditions,
4717	4717	25 or restrictions, and who fails to comply with such terms,
4718	4718	26 conditions, or restrictions, shall be referred to the
4719	4719
4720	4720
4721	4721
4722	4722
4723	4723
4724	4724	SB2450 - 131 - LRB104 12244 BDA 22351 b
4725	4725
4726	4726
4727	4727	SB2450- 132 -LRB104 12244 BDA 22351 b SB2450 - 132 - LRB104 12244 BDA 22351 b
4728	4728	SB2450 - 132 - LRB104 12244 BDA 22351 b
4729	4729	1 Secretary for a determination as to whether the individual
4730	4730	2 shall have his or her license suspended immediately, pending a
4731	4731	3 hearing by the Department.
4732	4732	4 In instances in which the Secretary immediately suspends a
4733	4733	5 person's license under this Section, a hearing on that
4734	4734	6 person's license must be convened by the Department within 30
4735	4735	7 days after the suspension and completed without appreciable
4736	4736	8 delay. The Department shall have the authority to review the
4737	4737	9 subject individual's record of treatment and counseling
4738	4738	10 regarding the impairment to the extent permitted by applicable
4739	4739	11 federal statutes and regulations safeguarding the
4740	4740	12 confidentiality of medical records.
4741	4741	13 An individual licensed under this Act and affected under
4742	4742	14 this Section shall be afforded an opportunity to demonstrate
4743	4743	15 to the Department that he or she can resume practice in
4744	4744	16 compliance with acceptable and prevailing standards under the
4745	4745	17 provisions of his or her license.
4746	4746	18 (e) An individual or organization acting in good faith,
4747	4747	19 and not in a willful and wanton manner, in complying with this
4748	4748	20 Section by providing a report or other information to the
4749	4749	21 Board, by assisting in the investigation or preparation of a
4750	4750	22 report or information, by participating in proceedings of the
4751	4751	23 Board, or by serving as a member of the Board, shall not be
4752	4752	24 subject to criminal prosecution or civil damages as a result
4753	4753	25 of such actions.
4754	4754	26 (f) Members of the Board shall be indemnified by the State
4755	4755
4756	4756
4757	4757
4758	4758
4759	4759
4760	4760	SB2450 - 132 - LRB104 12244 BDA 22351 b
4761	4761
4762	4762
4763	4763	SB2450- 133 -LRB104 12244 BDA 22351 b SB2450 - 133 - LRB104 12244 BDA 22351 b
4764	4764	SB2450 - 133 - LRB104 12244 BDA 22351 b
4765	4765	1 for any actions occurring within the scope of services on the
4766	4766	2 Board, done in good faith and not willful and wanton in nature.
4767	4767	3 The Attorney General shall defend all such actions unless he
4768	4768	4 or she determines either that there would be a conflict of
4769	4769	5 interest in such representation or that the actions complained
4770	4770	6 of were not in good faith or were willful and wanton.
4771	4771	7 If the Attorney General declines representation, the
4772	4772	8 member has the right to employ counsel of his or her choice,
4773	4773	9 whose fees shall be provided by the State, after approval by
4774	4774	10 the Attorney General, unless there is a determination by a
4775	4775	11 court that the member's actions were not in good faith or were
4776	4776	12 willful and wanton.
4777	4777	13 The member must notify the Attorney General within 7 days
4778	4778	14 after receipt of notice of the initiation of any action
4779	4779	15 involving services of the Board. Failure to so notify the
4780	4780	16 Attorney General constitutes an absolute waiver of the right
4781	4781	17 to a defense and indemnification.
4782	4782	18 The Attorney General shall determine, within 7 days after
4783	4783	19 receiving such notice, whether he or she will undertake to
4784	4784	20 represent the member.
4785	4785	21 (g) The Department may adopt rules to implement,
4786	4786	22 administer, and enforce this Section the changes made by this
4787	4787	23 amendatory Act of the 102nd General Assembly.
4788	4788	24 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
4789	4789	25 102-1117, eff. 1-13-23.)
4790	4790
4791	4791
4792	4792
4793	4793
4794	4794
4795	4795	SB2450 - 133 - LRB104 12244 BDA 22351 b
4796	4796
4797	4797
4798	4798	SB2450- 134 -LRB104 12244 BDA 22351 b SB2450 - 134 - LRB104 12244 BDA 22351 b
4799	4799	SB2450 - 134 - LRB104 12244 BDA 22351 b
4800	4800	1 Section 50. The Professional Counselor and Clinical
4801	4801	2 Professional Counselor Licensing and Practice Act is amended
4802	4802	3 by changing Section 80 as follows:
4803	4803	4 (225 ILCS 107/80)
4804	4804	5 (Section scheduled to be repealed on January 1, 2028)
4805	4805	6 Sec. 80. Grounds for discipline.
4806	4806	7 (a) The Department may refuse to issue, renew, or may
4807	4807	8 revoke, suspend, place on probation, reprimand, or take other
4808	4808	9 disciplinary or non-disciplinary action as the Department
4809	4809	10 deems appropriate, including the issuance of fines not to
4810	4810	11 exceed $10,000 for each violation, with regard to any license
4811	4811	12 for any one or more of the following:
4812	4812	13 (1) Material misstatement in furnishing information to
4813	4813	14 the Department or to any other State agency.
4814	4814	15 (2) Violations or negligent or intentional disregard
4815	4815	16 of this Act or rules adopted under this Act.
4816	4816	17 (3) Conviction by plea of guilty or nolo contendere,
4817	4817	18 finding of guilt, jury verdict, or entry of judgment or by
4818	4818	19 sentencing of any crime, including, but not limited to,
4819	4819	20 convictions, preceding sentences of supervision,
4820	4820	21 conditional discharge, or first offender probation, under
4821	4821	22 the laws of any jurisdiction of the United States: (i)
4822	4822	23 that is a felony or (ii) that is a misdemeanor, an
4823	4823	24 essential element of which is dishonesty, or that is
4824	4824	25 directly related to the practice of the profession.
4825	4825
4826	4826
4827	4827
4828	4828
4829	4829
4830	4830	SB2450 - 134 - LRB104 12244 BDA 22351 b
4831	4831
4832	4832
4833	4833	SB2450- 135 -LRB104 12244 BDA 22351 b SB2450 - 135 - LRB104 12244 BDA 22351 b
4834	4834	SB2450 - 135 - LRB104 12244 BDA 22351 b
4835	4835	1 (4) Fraud or any misrepresentation in applying for or
4836	4836	2 procuring a license under this Act or in connection with
4837	4837	3 applying for renewal of a license under this Act.
4838	4838	4 (5) Professional incompetence or gross negligence in
4839	4839	5 the rendering of professional counseling or clinical
4840	4840	6 professional counseling services.
4841	4841	7 (6) Malpractice.
4842	4842	8 (7) Aiding or assisting another person in violating
4843	4843	9 any provision of this Act or any rules.
4844	4844	10 (8) Failing to provide information within 60 days in
4845	4845	11 response to a written request made by the Department.
4846	4846	12 (9) Engaging in dishonorable, unethical, or
4847	4847	13 unprofessional conduct of a character likely to deceive,
4848	4848	14 defraud, or harm the public and violating the rules of
4849	4849	15 professional conduct adopted by the Department.
4850	4850	16 (10) Habitual or excessive use or abuse of drugs as
4851	4851	17 defined in law as controlled substances, alcohol, or any
4852	4852	18 other substance which results in inability to practice
4853	4853	19 with reasonable skill, judgment, or safety.
4854	4854	20 (11) Discipline by another jurisdiction, the District
4855	4855	21 of Columbia, territory, county, or governmental agency, if
4856	4856	22 at least one of the grounds for the discipline is the same
4857	4857	23 or substantially equivalent to those set forth in this
4858	4858	24 Section.
4859	4859	25 (12) Directly or indirectly giving to or receiving
4860	4860	26 from any person, firm, corporation, partnership, or
4861	4861
4862	4862
4863	4863
4864	4864
4865	4865
4866	4866	SB2450 - 135 - LRB104 12244 BDA 22351 b
4867	4867
4868	4868
4869	4869	SB2450- 136 -LRB104 12244 BDA 22351 b SB2450 - 136 - LRB104 12244 BDA 22351 b
4870	4870	SB2450 - 136 - LRB104 12244 BDA 22351 b
4871	4871	1 association any fee, commission, rebate, or other form of
4872	4872	2 compensation for any professional service not actually
4873	4873	3 rendered. Nothing in this paragraph (12) affects any bona
4874	4874	4 fide independent contractor or employment arrangements
4875	4875	5 among health care professionals, health facilities, health
4876	4876	6 care providers, or other entities, except as otherwise
4877	4877	7 prohibited by law. Any employment arrangements may include
4878	4878	8 provisions for compensation, health insurance, pension, or
4879	4879	9 other employment benefits for the provision of services
4880	4880	10 within the scope of the licensee's practice under this
4881	4881	11 Act. Nothing in this paragraph (12) shall be construed to
4882	4882	12 require an employment arrangement to receive professional
4883	4883	13 fees for services rendered.
4884	4884	14 (13) A finding by the Board that the licensee, after
4885	4885	15 having the license placed on probationary status, has
4886	4886	16 violated the terms of probation.
4887	4887	17 (14) Abandonment of a client.
4888	4888	18 (15) Willfully filing false reports relating to a
4889	4889	19 licensee's practice, including, but not limited to, false
4890	4890	20 records filed with federal or State agencies or
4891	4891	21 departments.
4892	4892	22 (16) Willfully failing to report an instance of
4893	4893	23 suspected child abuse or neglect as required by the Abused
4894	4894	24 and Neglected Child Reporting Act and in matters
4895	4895	25 pertaining to suspected abuse, neglect, financial
4896	4896	26 exploitation, or self-neglect of adults with disabilities
4897	4897
4898	4898
4899	4899
4900	4900
4901	4901
4902	4902	SB2450 - 136 - LRB104 12244 BDA 22351 b
4903	4903
4904	4904
4905	4905	SB2450- 137 -LRB104 12244 BDA 22351 b SB2450 - 137 - LRB104 12244 BDA 22351 b
4906	4906	SB2450 - 137 - LRB104 12244 BDA 22351 b
4907	4907	1 and older adults as set forth in the Adult Protective
4908	4908	2 Services Act.
4909	4909	3 (17) Being named as a perpetrator in an indicated
4910	4910	4 report by the Department of Children and Family Services
4911	4911	5 pursuant to the Abused and Neglected Child Reporting Act,
4912	4912	6 and upon proof by clear and convincing evidence that the
4913	4913	7 licensee has caused a child to be an abused child or
4914	4914	8 neglected child as defined in the Abused and Neglected
4915	4915	9 Child Reporting Act.
4916	4916	10 (18) Physical or mental illness or disability,
4917	4917	11 including, but not limited to, deterioration through the
4918	4918	12 aging process or loss of abilities and skills which
4919	4919	13 results in the inability to practice the profession with
4920	4920	14 reasonable judgment, skill, or safety.
4921	4921	15 (19) Solicitation of professional services by using
4922	4922	16 false or misleading advertising.
4923	4923	17 (20) Allowing one's license under this Act to be used
4924	4924	18 by an unlicensed person in violation of this Act.
4925	4925	19 (21) A finding that licensure has been applied for or
4926	4926	20 obtained by fraudulent means.
4927	4927	21 (22) Practicing under a false or, except as provided
4928	4928	22 by law, an assumed name.
4929	4929	23 (23) Gross and willful overcharging for professional
4930	4930	24 services including filing statements for collection of
4931	4931	25 fees or moneys for which services are not rendered.
4932	4932	26 (24) Rendering professional counseling or clinical
4933	4933
4934	4934
4935	4935
4936	4936
4937	4937
4938	4938	SB2450 - 137 - LRB104 12244 BDA 22351 b
4939	4939
4940	4940
4941	4941	SB2450- 138 -LRB104 12244 BDA 22351 b SB2450 - 138 - LRB104 12244 BDA 22351 b
4942	4942	SB2450 - 138 - LRB104 12244 BDA 22351 b
4943	4943	1 professional counseling services without a license or
4944	4944	2 practicing outside the scope of a license.
4945	4945	3 (25) Clinical supervisors failing to adequately and
4946	4946	4 responsibly monitor supervisees.
4947	4947	5 All fines imposed under this Section shall be paid within
4948	4948	6 60 days after the effective date of the order imposing the
4949	4949	7 fine.
4950	4950	8 (b) (Blank).
4951	4951	9 (b-5) The Department may refuse to issue or may suspend
4952	4952	10 without hearing, as provided for in the Code of Civil
4953	4953	11 Procedure, the license of any person who fails to file a
4954	4954	12 return, pay the tax, penalty, or interest shown in a filed
4955	4955	13 return, or pay any final assessment of the tax, penalty, or
4956	4956	14 interest as required by any tax Act administered by the
4957	4957	15 Illinois Department of Revenue, until such time as the
4958	4958	16 requirements of any such tax Act are satisfied in accordance
4959	4959	17 with subsection (g) of Section 2105-15 of the Department of
4960	4960	18 Professional Regulation Law of the Civil Administrative Code
4961	4961	19 of Illinois.
4962	4962	20 (b-10) In cases where the Department of Healthcare and
4963	4963	21 Family Services has previously determined a licensee or a
4964	4964	22 potential licensee is more than 30 days delinquent in the
4965	4965	23 payment of child support and has subsequently certified the
4966	4966	24 delinquency to the Department, the Department may refuse to
4967	4967	25 issue or renew or may revoke or suspend that person's license
4968	4968	26 or may take other disciplinary action against that person
4969	4969
4970	4970
4971	4971
4972	4972
4973	4973
4974	4974	SB2450 - 138 - LRB104 12244 BDA 22351 b
4975	4975
4976	4976
4977	4977	SB2450- 139 -LRB104 12244 BDA 22351 b SB2450 - 139 - LRB104 12244 BDA 22351 b
4978	4978	SB2450 - 139 - LRB104 12244 BDA 22351 b
4979	4979	1 based solely upon the certification of delinquency made by the
4980	4980	2 Department of Healthcare and Family Services in accordance
4981	4981	3 with item (5) of subsection (a) of Section 2105-15 of the
4982	4982	4 Department of Professional Regulation Law of the Civil
4983	4983	5 Administrative Code of Illinois.
4984	4984	6 (c) The determination by a court that a licensee is
4985	4985	7 subject to involuntary admission or judicial admission as
4986	4986	8 provided in the Mental Health and Developmental Disabilities
4987	4987	9 Code will result in an automatic suspension of his or her
4988	4988	10 license. The suspension will end upon a finding by a court that
4989	4989	11 the licensee is no longer subject to involuntary admission or
4990	4990	12 judicial admission, the issuance of an order so finding and
4991	4991	13 discharging the patient, and the recommendation of the Board
4992	4992	14 to the Secretary that the licensee be allowed to resume
4993	4993	15 professional practice.
4994	4994	16 (c-1) The Department shall not revoke, suspend, summarily
4995	4995	17 suspend, place on prohibition, reprimand, refuse to issue or
4996	4996	18 renew, or take any other disciplinary or non-disciplinary
4997	4997	19 action against a person's authorization to practice the
4998	4998	20 license or permit issued under this Act to practice as a
4999	4999	21 professional counselor or clinical professional counselor
5000	5000	22 based solely upon the person professional counselor or
5001	5001	23 clinical professional counselor authorizing, recommending,
5002	5002	24 aiding, assisting, referring for, or otherwise participating
5003	5003	25 in any health care service, so long as the care was not
5004	5004	26 unlawful under the laws of this State, regardless of whether
5005	5005
5006	5006
5007	5007
5008	5008
5009	5009
5010	5010	SB2450 - 139 - LRB104 12244 BDA 22351 b
5011	5011
5012	5012
5013	5013	SB2450- 140 -LRB104 12244 BDA 22351 b SB2450 - 140 - LRB104 12244 BDA 22351 b
5014	5014	SB2450 - 140 - LRB104 12244 BDA 22351 b
5015	5015	1 the patient was a resident of this State or another state.
5016	5016	2 (c-2) The Department shall not revoke, suspend, summarily
5017	5017	3 suspend, place on prohibition, reprimand, refuse to issue or
5018	5018	4 renew, or take any other disciplinary or non-disciplinary
5019	5019	5 action against a person's authorization to practice the
5020	5020	6 license or permit issued under this Act to practice as a
5021	5021	7 professional counselor or clinical professional counselor
5022	5022	8 based upon the person's professional counselor's or clinical
5023	5023	9 professional counselor's license, registration, or permit
5024	5024	10 being revoked or suspended, or the person professional
5025	5025	11 counselor or clinical professional counselor being otherwise
5026	5026	12 disciplined, by any other state, if that revocation,
5027	5027	13 suspension, or other form of discipline was based solely on
5028	5028	14 the person professional counselor or clinical professional
5029	5029	15 counselor violating another state's laws prohibiting the
5030	5030	16 provision of, authorization of, recommendation of, aiding or
5031	5031	17 assisting in, referring for, or participation in any health
5032	5032	18 care service if that health care service as provided would not
5033	5033	19 have been unlawful under the laws of this State and is
5034	5034	20 consistent with the applicable standard standards of conduct
5035	5035	21 for a person professional counselor or clinical professional
5036	5036	22 counselor practicing in Illinois under this Act.
5037	5037	23 (c-3) The conduct specified in subsection (c-1), (c-2),
5038	5038	24 (c-6), or (c-7) shall not constitute grounds for suspension
5039	5039	25 under Section 145.
5040	5040	26 (c-4) An applicant seeking licensure, certification, or
5041	5041
5042	5042
5043	5043
5044	5044
5045	5045
5046	5046	SB2450 - 140 - LRB104 12244 BDA 22351 b
5047	5047
5048	5048
5049	5049	SB2450- 141 -LRB104 12244 BDA 22351 b SB2450 - 141 - LRB104 12244 BDA 22351 b
5050	5050	SB2450 - 141 - LRB104 12244 BDA 22351 b
5051	5051	1 authorization pursuant to this Act who has been subject to
5052	5052	2 disciplinary action by a duly authorized professional
5053	5053	3 disciplinary agency of another jurisdiction solely on the
5054	5054	4 basis of having authorized, recommended, aided, assisted,
5055	5055	5 referred for, or otherwise participated in health care shall
5056	5056	6 not be denied such licensure, certification, or authorization,
5057	5057	7 unless the Department determines that such action would have
5058	5058	8 constituted professional misconduct in this State; however,
5059	5059	9 nothing in this Section shall be construed as prohibiting the
5060	5060	10 Department from evaluating the conduct of such applicant and
5061	5061	11 making a determination regarding the licensure, certification,
5062	5062	12 or authorization to practice a profession under this Act.
5063	5063	13 (c-5) In enforcing this Act, the Department, upon a
5064	5064	14 showing of a possible violation, may compel an individual
5065	5065	15 licensed to practice under this Act, or who has applied for
5066	5066	16 licensure under this Act, to submit to a mental or physical
5067	5067	17 examination, or both, as required by and at the expense of the
5068	5068	18 Department. The Department may order the examining physician
5069	5069	19 to present testimony concerning the mental or physical
5070	5070	20 examination of the licensee or applicant. No information shall
5071	5071	21 be excluded by reason of any common law or statutory privilege
5072	5072	22 relating to communications between the licensee or applicant
5073	5073	23 and the examining physician. The examining physicians shall be
5074	5074	24 specifically designated by the Department. The individual to
5075	5075	25 be examined may have, at his or her own expense, another
5076	5076	26 physician of his or her choice present during all aspects of
5077	5077
5078	5078
5079	5079
5080	5080
5081	5081
5082	5082	SB2450 - 141 - LRB104 12244 BDA 22351 b
5083	5083
5084	5084
5085	5085	SB2450- 142 -LRB104 12244 BDA 22351 b SB2450 - 142 - LRB104 12244 BDA 22351 b
5086	5086	SB2450 - 142 - LRB104 12244 BDA 22351 b
5087	5087	1 this examination. The examination shall be performed by a
5088	5088	2 physician licensed to practice medicine in all its branches.
5089	5089	3 Failure of an individual to submit to a mental or physical
5090	5090	4 examination, when directed, shall result in an automatic
5091	5091	5 suspension without hearing.
5092	5092	6 All substance-related violations shall mandate an
5093	5093	7 automatic substance abuse assessment. Failure to submit to an
5094	5094	8 assessment by a licensed physician who is certified as an
5095	5095	9 addictionist or an advanced practice registered nurse with
5096	5096	10 specialty certification in addictions may be grounds for an
5097	5097	11 automatic suspension.
5098	5098	12 If the Department finds an individual unable to practice
5099	5099	13 or unfit for duty because of the reasons set forth in this
5100	5100	14 subsection (c-5), the Department may require that individual
5101	5101	15 to submit to a substance abuse evaluation or treatment by
5102	5102	16 individuals or programs approved or designated by the
5103	5103	17 Department, as a condition, term, or restriction for
5104	5104	18 continued, restored, or renewed licensure to practice; or, in
5105	5105	19 lieu of evaluation or treatment, the Department may file, or
5106	5106	20 the Board may recommend to the Department to file, a complaint
5107	5107	21 to immediately suspend, revoke, or otherwise discipline the
5108	5108	22 license of the individual. An individual whose license was
5109	5109	23 granted, continued, restored, renewed, disciplined, or
5110	5110	24 supervised subject to such terms, conditions, or restrictions,
5111	5111	25 and who fails to comply with such terms, conditions, or
5112	5112	26 restrictions, shall be referred to the Secretary for a
5113	5113
5114	5114
5115	5115
5116	5116
5117	5117
5118	5118	SB2450 - 142 - LRB104 12244 BDA 22351 b
5119	5119
5120	5120
5121	5121	SB2450- 143 -LRB104 12244 BDA 22351 b SB2450 - 143 - LRB104 12244 BDA 22351 b
5122	5122	SB2450 - 143 - LRB104 12244 BDA 22351 b
5123	5123	1 determination as to whether the individual shall have his or
5124	5124	2 her license suspended immediately, pending a hearing by the
5125	5125	3 Department.
5126	5126	4 A person holding a license under this Act or who has
5127	5127	5 applied for a license under this Act who, because of a physical
5128	5128	6 or mental illness or disability, including, but not limited
5129	5129	7 to, deterioration through the aging process or loss of motor
5130	5130	8 skill, is unable to practice the profession with reasonable
5131	5131	9 judgment, skill, or safety, may be required by the Department
5132	5132	10 to submit to care, counseling, or treatment by physicians
5133	5133	11 approved or designated by the Department as a condition, term,
5134	5134	12 or restriction for continued, reinstated, or renewed licensure
5135	5135	13 to practice. Submission to care, counseling, or treatment as
5136	5136	14 required by the Department shall not be considered discipline
5137	5137	15 of a license. If the licensee refuses to enter into a care,
5138	5138	16 counseling, or treatment agreement or fails to abide by the
5139	5139	17 terms of the agreement, the Department may file a complaint to
5140	5140	18 revoke, suspend, or otherwise discipline the license of the
5141	5141	19 individual. The Secretary may order the license suspended
5142	5142	20 immediately, pending a hearing by the Department. Fines shall
5143	5143	21 not be assessed in disciplinary actions involving physical or
5144	5144	22 mental illness or impairment.
5145	5145	23 In instances in which the Secretary immediately suspends a
5146	5146	24 person's license under this Section, a hearing on that
5147	5147	25 person's license must be convened by the Department within 15
5148	5148	26 days after the suspension and completed without appreciable
5149	5149
5150	5150
5151	5151
5152	5152
5153	5153
5154	5154	SB2450 - 143 - LRB104 12244 BDA 22351 b
5155	5155
5156	5156
5157	5157	SB2450- 144 -LRB104 12244 BDA 22351 b SB2450 - 144 - LRB104 12244 BDA 22351 b
5158	5158	SB2450 - 144 - LRB104 12244 BDA 22351 b
5159	5159	1 delay. The Department shall have the authority to review the
5160	5160	2 subject individual's record of treatment and counseling
5161	5161	3 regarding the impairment to the extent permitted by applicable
5162	5162	4 federal statutes and regulations safeguarding the
5163	5163	5 confidentiality of medical records.
5164	5164	6 An individual licensed under this Act and affected under
5165	5165	7 this Section shall be afforded an opportunity to demonstrate
5166	5166	8 to the Department that he or she can resume practice in
5167	5167	9 compliance with acceptable and prevailing standards under the
5168	5168	10 provisions of his or her license.
5169	5169	11 (c-6) The Department may not revoke, suspend, summarily
5170	5170	12 suspend, place on prohibition, reprimand, refuse to issue or
5171	5171	13 renew, or take any other disciplinary or non-disciplinary
5172	5172	14 action against a person's authorization to practice the
5173	5173	15 license or permit issued under this Act to practice as a
5174	5174	16 professional counselor or clinical professional counselor
5175	5175	17 based solely upon an immigration violation by the person
5176	5176	18 counselor.
5177	5177	19 (c-7) The Department may not revoke, suspend, summarily
5178	5178	20 suspend, place on prohibition, reprimand, refuse to issue or
5179	5179	21 renew, or take any other disciplinary or non-disciplinary
5180	5180	22 action against a person's authorization to practice the
5181	5181	23 license or permit issued under this Act to practice as a
5182	5182	24 professional counselor or clinical professional counselor
5183	5183	25 based upon the person's professional counselor's or clinical
5184	5184	26 professional counselor's license, registration, or permit
5185	5185
5186	5186
5187	5187
5188	5188
5189	5189
5190	5190	SB2450 - 144 - LRB104 12244 BDA 22351 b
5191	5191
5192	5192
5193	5193	SB2450- 145 -LRB104 12244 BDA 22351 b SB2450 - 145 - LRB104 12244 BDA 22351 b
5194	5194	SB2450 - 145 - LRB104 12244 BDA 22351 b
5195	5195	1 being revoked or suspended, or the person professional
5196	5196	2 counselor or clinical professional counselor being otherwise
5197	5197	3 disciplined, by any other state, if that revocation,
5198	5198	4 suspension, or other form of discipline was based solely upon
5199	5199	5 an immigration violation by the person counselor.
5200	5200	6 (d) (Blank).
5201	5201	7 (e) The Department may adopt rules to implement,
5202	5202	8 administer, and enforce this Section the changes made by this
5203	5203	9 amendatory Act of the 102nd General Assembly.
5204	5204	10 (Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23;
5205	5205	11 103-715, eff. 1-1-25.)
5206	5206	12 Section 55. The Wholesale Drug Distribution Licensing Act
5207	5207	13 is amended by changing Section 55 as follows:
5208	5208	14 (225 ILCS 120/55) (from Ch. 111, par. 8301-55)
5209	5209	15 (Section scheduled to be repealed on January 1, 2028)
5210	5210	16 Sec. 55. Discipline; grounds.
5211	5211	17 (a) The Department may refuse to issue, restore, or renew,
5212	5212	18 or may revoke, suspend, place on probation, reprimand or take
5213	5213	19 other disciplinary or non-disciplinary action as the
5214	5214	20 Department may deem appropriate, including imposing fines not
5215	5215	21 to exceed $10,000 for each violation, with regard to any
5216	5216	22 applicant or licensee or any officer, director, manager, or
5217	5217	23 shareholder who owns 5% or more interest in the business that
5218	5218	24 holds the license for any one or a combination of the following
5219	5219
5220	5220
5221	5221
5222	5222
5223	5223
5224	5224	SB2450 - 145 - LRB104 12244 BDA 22351 b
5225	5225
5226	5226
5227	5227	SB2450- 146 -LRB104 12244 BDA 22351 b SB2450 - 146 - LRB104 12244 BDA 22351 b
5228	5228	SB2450 - 146 - LRB104 12244 BDA 22351 b
5229	5229	1 reasons:
5230	5230	2 (1) Violation of this Act or of the rules adopted
5231	5231	3 under this Act.
5232	5232	4 (2) Aiding or assisting another person in violating
5233	5233	5 any provision of this Act or the rules adopted under this
5234	5234	6 Act.
5235	5235	7 (3) Failing, within 60 days, to provide information in
5236	5236	8 response to a written requirement made by the Department.
5237	5237	9 (4) Engaging in dishonorable, unethical, or
5238	5238	10 unprofessional conduct of a character likely to deceive,
5239	5239	11 defraud, or harm the public. This includes violations of
5240	5240	12 "good faith" as defined by the Illinois Controlled
5241	5241	13 Substances Act and applies to all prescription drugs.
5242	5242	14 (5) Discipline by another U.S. jurisdiction or foreign
5243	5243	15 nation, if at least one of the grounds for the discipline
5244	5244	16 is the same or substantially equivalent to those set forth
5245	5245	17 in this Act.
5246	5246	18 (6) Selling or engaging in the sale of drug samples
5247	5247	19 provided at no cost by drug manufacturers.
5248	5248	20 (7) Conviction by plea of guilty or nolo contendere,
5249	5249	21 finding of guilt, jury verdict, or entry of judgment or by
5250	5250	22 sentencing of any crime, including, but not limited to,
5251	5251	23 convictions, preceding sentences of supervision,
5252	5252	24 conditional discharge, or first offender probation, under
5253	5253	25 the laws of any jurisdiction of the United States that is
5254	5254	26 (i) a felony or (ii) a misdemeanor, an essential element
5255	5255
5256	5256
5257	5257
5258	5258
5259	5259
5260	5260	SB2450 - 146 - LRB104 12244 BDA 22351 b
5261	5261
5262	5262
5263	5263	SB2450- 147 -LRB104 12244 BDA 22351 b SB2450 - 147 - LRB104 12244 BDA 22351 b
5264	5264	SB2450 - 147 - LRB104 12244 BDA 22351 b
5265	5265	1 of which is dishonesty or that is directly related to the
5266	5266	2 practice of this profession.
5267	5267	3 (8) Habitual or excessive use or addiction to alcohol,
5268	5268	4 narcotics, stimulants, or any other chemical agent or drug
5269	5269	5 by the designated representative, as provided for in item
5270	5270	6 (7) of subsection (b) of Section 25 of this Act, any
5271	5271	7 officer, or director that results in the inability to
5272	5272	8 function with reasonable judgment, skill, or safety.
5273	5273	9 (9) Material misstatement in furnishing information to
5274	5274	10 the Department.
5275	5275	11 (10) A finding by the Department that the licensee,
5276	5276	12 after having his or her license placed on probationary
5277	5277	13 status, has violated the terms of probation.
5278	5278	14 (11) Fraud or misrepresentation in applying for, or
5279	5279	15 procuring, a license under this Act or in connection with
5280	5280	16 applying for renewal of a license under this Act.
5281	5281	17 (12) Willfully making or filing false records or
5282	5282	18 reports.
5283	5283	19 (13) A finding of a substantial discrepancy in a
5284	5284	20 Department audit of a prescription drug, including a
5285	5285	21 controlled substance as that term is defined in this Act
5286	5286	22 or in the Illinois Controlled Substances Act.
5287	5287	23 (14) Falsifying a pedigree or selling, distributing,
5288	5288	24 transferring, manufacturing, repackaging, handling, or
5289	5289	25 holding a counterfeit prescription drug intended for human
5290	5290	26 use.
5291	5291
5292	5292
5293	5293
5294	5294
5295	5295
5296	5296	SB2450 - 147 - LRB104 12244 BDA 22351 b
5297	5297
5298	5298
5299	5299	SB2450- 148 -LRB104 12244 BDA 22351 b SB2450 - 148 - LRB104 12244 BDA 22351 b
5300	5300	SB2450 - 148 - LRB104 12244 BDA 22351 b
5301	5301	1 (15) Interfering with a Department investigation.
5302	5302	2 (16) Failing to adequately secure controlled
5303	5303	3 substances or other prescription drugs from diversion.
5304	5304	4 (17) Acquiring or distributing prescription drugs not
5305	5305	5 obtained from a source licensed by the Department.
5306	5306	6 (18) Failing to properly store drugs.
5307	5307	7 (19) Failing to maintain the licensed premises with
5308	5308	8 proper storage and security controls.
5309	5309	9 (b) The Department may refuse to issue or may suspend the
5310	5310	10 license or registration of any person who fails to file a
5311	5311	11 return, or to pay the tax, penalty, or interest shown in a
5312	5312	12 filed return, or to pay any final assessment of tax, penalty,
5313	5313	13 or interest, as required by any tax Act administered by the
5314	5314	14 Illinois Department of Revenue, until the time the
5315	5315	15 requirements of the tax Act are satisfied.
5316	5316	16 (c) The Department shall revoke the license or certificate
5317	5317	17 of registration issued under this Act or any prior Act of this
5318	5318	18 State of any person who has been convicted a second time of
5319	5319	19 committing any felony under the Illinois Controlled Substances
5320	5320	20 Act or the Methamphetamine Control and Community Protection
5321	5321	21 Act or who has been convicted a second time of committing a
5322	5322	22 Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
5323	5323	23 Public Aid Code. A person whose license or certificate of
5324	5324	24 registration issued under this Act or any prior Act of this
5325	5325	25 State is revoked under this subsection (c) shall be prohibited
5326	5326	26 from engaging in the practice of pharmacy in this State.
5327	5327
5328	5328
5329	5329
5330	5330
5331	5331
5332	5332	SB2450 - 148 - LRB104 12244 BDA 22351 b
5333	5333
5334	5334
5335	5335	SB2450- 149 -LRB104 12244 BDA 22351 b SB2450 - 149 - LRB104 12244 BDA 22351 b
5336	5336	SB2450 - 149 - LRB104 12244 BDA 22351 b
5337	5337	1 (d) The Department shall not revoke, suspend, summarily
5338	5338	2 suspend, place on prohibition, reprimand, refuse to issue or
5339	5339	3 renew, or take any other disciplinary or non-disciplinary
5340	5340	4 action against a person's authorization to practice under this
5341	5341	5 Act based solely upon the person authorizing, recommending,
5342	5342	6 aiding, assisting, referring for, or otherwise participating
5343	5343	7 in any health care service, so long as the care was not
5344	5344	8 unlawful under the laws of this State, regardless of whether
5345	5345	9 the patient was a resident of this State or another state.
5346	5346	10 (e) The Department shall not revoke, suspend, summarily
5347	5347	11 suspend, place on prohibition, reprimand, refuse to issue or
5348	5348	12 renew, or take any other disciplinary or non-disciplinary
5349	5349	13 action against a person's authorization to practice under this
5350	5350	14 Act based upon the person's license, registration, or permit
5351	5351	15 being revoked or suspended, or the person being otherwise
5352	5352	16 disciplined, by any other state if that revocation,
5353	5353	17 suspension, or other form of discipline was based solely on
5354	5354	18 the person violating another state's laws prohibiting the
5355	5355	19 provision of, authorization of, recommendation of, aiding or
5356	5356	20 assisting in, referring for, or participation in any health
5357	5357	21 care service if that health care service as provided would not
5358	5358	22 have been unlawful under the laws of this State and is
5359	5359	23 consistent with any applicable standard of conduct for the
5360	5360	24 person practicing in Illinois under this Act.
5361	5361	25 (Source: P.A. 97-804, eff. 1-1-13; 97-813, eff. 7-13-12;
5362	5362	26 98-463, eff. 8-16-13.)
5363	5363
5364	5364
5365	5365
5366	5366
5367	5367
5368	5368	SB2450 - 149 - LRB104 12244 BDA 22351 b
5369	5369
5370	5370
5371	5371	SB2450- 150 -LRB104 12244 BDA 22351 b SB2450 - 150 - LRB104 12244 BDA 22351 b
5372	5372	SB2450 - 150 - LRB104 12244 BDA 22351 b
5373	5373	1 Section 60. The Registered Surgical Assistant and
5374	5374	2 Registered Surgical Technologist Title Protection Act is
5375	5375	3 amended by changing Section 75 as follows:
5376	5376	4 (225 ILCS 130/75)
5377	5377	5 (Section scheduled to be repealed on January 1, 2029)
5378	5378	6 Sec. 75. Grounds for disciplinary action.
5379	5379	7 (a) The Department may refuse to issue, renew, or restore
5380	5380	8 a registration, may revoke or suspend a registration, or may
5381	5381	9 place on probation, reprimand, or take other disciplinary or
5382	5382	10 non-disciplinary action with regard to a person registered
5383	5383	11 under this Act, including, but not limited to, the imposition
5384	5384	12 of fines not to exceed $10,000 for each violation and the
5385	5385	13 assessment of costs as provided for in Section 90, for any one
5386	5386	14 or combination of the following causes:
5387	5387	15 (1) Making a material misstatement in furnishing
5388	5388	16 information to the Department.
5389	5389	17 (2) Violating a provision of this Act or rules adopted
5390	5390	18 under this Act.
5391	5391	19 (3) Conviction by plea of guilty or nolo contendere,
5392	5392	20 finding of guilt, jury verdict, or entry of judgment or by
5393	5393	21 sentencing of any crime, including, but not limited to,
5394	5394	22 convictions, preceding sentences of supervision,
5395	5395	23 conditional discharge, or first offender probation, under
5396	5396	24 the laws of any jurisdiction of the United States that is
5397	5397
5398	5398
5399	5399
5400	5400
5401	5401
5402	5402	SB2450 - 150 - LRB104 12244 BDA 22351 b
5403	5403
5404	5404
5405	5405	SB2450- 151 -LRB104 12244 BDA 22351 b SB2450 - 151 - LRB104 12244 BDA 22351 b
5406	5406	SB2450 - 151 - LRB104 12244 BDA 22351 b
5407	5407	1 (i) a felony or (ii) a misdemeanor, an essential element
5408	5408	2 of which is dishonesty, or that is directly related to the
5409	5409	3 practice of the profession.
5410	5410	4 (4) Fraud or misrepresentation in applying for,
5411	5411	5 renewing, restoring, reinstating, or procuring a
5412	5412	6 registration under this Act.
5413	5413	7 (5) Aiding or assisting another person in violating a
5414	5414	8 provision of this Act or its rules.
5415	5415	9 (6) Failing to provide information within 60 days in
5416	5416	10 response to a written request made by the Department.
5417	5417	11 (7) Engaging in dishonorable, unethical, or
5418	5418	12 unprofessional conduct of a character likely to deceive,
5419	5419	13 defraud, or harm the public, as defined by rule of the
5420	5420	14 Department.
5421	5421	15 (8) Discipline by another United States jurisdiction,
5422	5422	16 governmental agency, unit of government, or foreign
5423	5423	17 nation, if at least one of the grounds for discipline is
5424	5424	18 the same or substantially equivalent to those set forth in
5425	5425	19 this Section.
5426	5426	20 (9) Directly or indirectly giving to or receiving from
5427	5427	21 a person, firm, corporation, partnership, or association a
5428	5428	22 fee, commission, rebate, or other form of compensation for
5429	5429	23 professional services not actually or personally rendered.
5430	5430	24 Nothing in this paragraph (9) affects any bona fide
5431	5431	25 independent contractor or employment arrangements among
5432	5432	26 health care professionals, health facilities, health care
5433	5433
5434	5434
5435	5435
5436	5436
5437	5437
5438	5438	SB2450 - 151 - LRB104 12244 BDA 22351 b
5439	5439
5440	5440
5441	5441	SB2450- 152 -LRB104 12244 BDA 22351 b SB2450 - 152 - LRB104 12244 BDA 22351 b
5442	5442	SB2450 - 152 - LRB104 12244 BDA 22351 b
5443	5443	1 providers, or other entities, except as otherwise
5444	5444	2 prohibited by law. Any employment arrangements may include
5445	5445	3 provisions for compensation, health insurance, pension, or
5446	5446	4 other employment benefits for the provision of services
5447	5447	5 within the scope of the registrant's practice under this
5448	5448	6 Act. Nothing in this paragraph (9) shall be construed to
5449	5449	7 require an employment arrangement to receive professional
5450	5450	8 fees for services rendered.
5451	5451	9 (10) A finding by the Department that the registrant,
5452	5452	10 after having the registration placed on probationary
5453	5453	11 status, has violated the terms of probation.
5454	5454	12 (11) Willfully making or filing false records or
5455	5455	13 reports in the practice, including, but not limited to,
5456	5456	14 false records or reports filed with State agencies.
5457	5457	15 (12) Willfully making or signing a false statement,
5458	5458	16 certificate, or affidavit to induce payment.
5459	5459	17 (13) Willfully failing to report an instance of
5460	5460	18 suspected child abuse or neglect as required under the
5461	5461	19 Abused and Neglected Child Reporting Act.
5462	5462	20 (14) Being named as a perpetrator in an indicated
5463	5463	21 report by the Department of Children and Family Services
5464	5464	22 under the Abused and Neglected Child Reporting Act and
5465	5465	23 upon proof by clear and convincing evidence that the
5466	5466	24 registrant has caused a child to be an abused child or
5467	5467	25 neglected child as defined in the Abused and Neglected
5468	5468	26 Child Reporting Act.
5469	5469
5470	5470
5471	5471
5472	5472
5473	5473
5474	5474	SB2450 - 152 - LRB104 12244 BDA 22351 b
5475	5475
5476	5476
5477	5477	SB2450- 153 -LRB104 12244 BDA 22351 b SB2450 - 153 - LRB104 12244 BDA 22351 b
5478	5478	SB2450 - 153 - LRB104 12244 BDA 22351 b
5479	5479	1 (15) (Blank).
5480	5480	2 (16) Failure to report to the Department (A) any
5481	5481	3 adverse final action taken against the registrant by
5482	5482	4 another registering or licensing jurisdiction, government
5483	5483	5 agency, law enforcement agency, or any court or (B)
5484	5484	6 liability for conduct that would constitute grounds for
5485	5485	7 action as set forth in this Section.
5486	5486	8 (17) Habitual or excessive use or abuse of drugs
5487	5487	9 defined in law as controlled substances, alcohol, or any
5488	5488	10 other substance that results in the inability to practice
5489	5489	11 with reasonable judgment, skill, or safety.
5490	5490	12 (18) Physical or mental illness, including, but not
5491	5491	13 limited to, deterioration through the aging process or
5492	5492	14 loss of motor skills, which results in the inability to
5493	5493	15 practice the profession for which the person is registered
5494	5494	16 with reasonable judgment, skill, or safety.
5495	5495	17 (19) Gross malpractice.
5496	5496	18 (20) Immoral conduct in the commission of an act
5497	5497	19 related to the registrant's practice, including, but not
5498	5498	20 limited to, sexual abuse, sexual misconduct, or sexual
5499	5499	21 exploitation.
5500	5500	22 (21) Violation of the Health Care Worker Self-Referral
5501	5501	23 Act.
5502	5502	24 (b) The Department may refuse to issue or may suspend
5503	5503	25 without hearing the registration of a person who fails to file
5504	5504	26 a return, to pay the tax, penalty, or interest shown in a filed
5505	5505
5506	5506
5507	5507
5508	5508
5509	5509
5510	5510	SB2450 - 153 - LRB104 12244 BDA 22351 b
5511	5511
5512	5512
5513	5513	SB2450- 154 -LRB104 12244 BDA 22351 b SB2450 - 154 - LRB104 12244 BDA 22351 b
5514	5514	SB2450 - 154 - LRB104 12244 BDA 22351 b
5515	5515	1 return, or to pay a final assessment of the tax, penalty, or
5516	5516	2 interest as required by a tax Act administered by the
5517	5517	3 Department of Revenue, until the requirements of the tax Act
5518	5518	4 are satisfied in accordance with subsection (g) of Section
5519	5519	5 2105-15 of the Department of Professional Regulation Law of
5520	5520	6 the Civil Administrative Code of Illinois.
5521	5521	7 (b-1) The Department shall not revoke, suspend, summarily
5522	5522	8 suspend, place on probation, reprimand, refuse to issue or
5523	5523	9 renew, or take any other disciplinary or non-disciplinary
5524	5524	10 action against a person's authorization to practice the
5525	5525	11 license issued under this Act to practice as a registered
5526	5526	12 surgical assistant or registered surgical technologist based
5527	5527	13 solely upon the person registered surgical assistant or
5528	5528	14 registered surgical technologist providing, authorizing,
5529	5529	15 recommending, aiding, assisting, referring for, or otherwise
5530	5530	16 participating in any health care service, so long as the care
5531	5531	17 was not unlawful under the laws of this State, regardless of
5532	5532	18 whether the patient was a resident of this State or another
5533	5533	19 state.
5534	5534	20 (b-2) The Department shall not revoke, suspend, summarily
5535	5535	21 suspend, place on prohibition, reprimand, refuse to issue or
5536	5536	22 renew, or take any other disciplinary or non-disciplinary
5537	5537	23 action against a person's authorization to practice the
5538	5538	24 license issued under this Act to practice as a registered
5539	5539	25 surgical assistant or registered surgical technologist based
5540	5540	26 upon the person's registered surgical assistant's or
5541	5541
5542	5542
5543	5543
5544	5544
5545	5545
5546	5546	SB2450 - 154 - LRB104 12244 BDA 22351 b
5547	5547
5548	5548
5549	5549	SB2450- 155 -LRB104 12244 BDA 22351 b SB2450 - 155 - LRB104 12244 BDA 22351 b
5550	5550	SB2450 - 155 - LRB104 12244 BDA 22351 b
5551	5551	1 registered surgical technologist's license, registration, or
5552	5552	2 permit being revoked or suspended, or the person registered
5553	5553	3 surgical assistant's or registered surgical technologist's
5554	5554	4 being otherwise disciplined, by any other state, if that
5555	5555	5 revocation, suspension, or other form of discipline was based
5556	5556	6 solely on the person registered surgical assistant or
5557	5557	7 registered surgical technologist violating another state's
5558	5558	8 laws prohibiting the provision of, authorization of,
5559	5559	9 recommendation of, aiding or assisting in, referring for, or
5560	5560	10 participation in any health care service if that health care
5561	5561	11 service as provided would not have been unlawful under the
5562	5562	12 laws of this State and is consistent with the applicable
5563	5563	13 standard standards of conduct for the person registered
5564	5564	14 surgical assistant or registered surgical technologist
5565	5565	15 practicing in this State under this Act.
5566	5566	16 (b-3) The conduct specified in subsection (b-1) or (b-2)
5567	5567	17 shall not constitute grounds for suspension under Section 145.
5568	5568	18 (b-4) An applicant seeking licensure, certification, or
5569	5569	19 authorization pursuant to this Act who has been subject to
5570	5570	20 disciplinary action by a duly authorized professional
5571	5571	21 disciplinary agency of another jurisdiction solely on the
5572	5572	22 basis of having provided, authorized, recommended, aided,
5573	5573	23 assisted, referred for, or otherwise participated in health
5574	5574	24 care shall not be denied such licensure, certification, or
5575	5575	25 authorization, unless the Department determines that such
5576	5576	26 action would have constituted professional misconduct in this
5577	5577
5578	5578
5579	5579
5580	5580
5581	5581
5582	5582	SB2450 - 155 - LRB104 12244 BDA 22351 b
5583	5583
5584	5584
5585	5585	SB2450- 156 -LRB104 12244 BDA 22351 b SB2450 - 156 - LRB104 12244 BDA 22351 b
5586	5586	SB2450 - 156 - LRB104 12244 BDA 22351 b
5587	5587	1 State. Nothing in this Section shall be construed as
5588	5588	2 prohibiting the Department from evaluating the conduct of such
5589	5589	3 applicant and making a determination regarding the licensure,
5590	5590	4 certification, or authorization to practice a profession under
5591	5591	5 this Act.
5592	5592	6 (c) The determination by a circuit court that a registrant
5593	5593	7 is subject to involuntary admission or judicial admission as
5594	5594	8 provided in the Mental Health and Developmental Disabilities
5595	5595	9 Code operates as an automatic suspension. The suspension will
5596	5596	10 end only upon (1) a finding by a court that the patient is no
5597	5597	11 longer subject to involuntary admission or judicial admission,
5598	5598	12 (2) issuance of an order so finding and discharging the
5599	5599	13 patient, and (3) filing of a petition for restoration
5600	5600	14 demonstrating fitness to practice.
5601	5601	15 (d) (Blank).
5602	5602	16 (e) In cases where the Department of Healthcare and Family
5603	5603	17 Services has previously determined a registrant or a potential
5604	5604	18 registrant is more than 30 days delinquent in the payment of
5605	5605	19 child support and has subsequently certified the delinquency
5606	5606	20 to the Department, the Department may refuse to issue or renew
5607	5607	21 or may revoke or suspend that person's registration or may
5608	5608	22 take other disciplinary action against that person based
5609	5609	23 solely upon the certification of delinquency made by the
5610	5610	24 Department of Healthcare and Family Services in accordance
5611	5611	25 with paragraph (5) of subsection (a) of Section 2105-15 of the
5612	5612	26 Department of Professional Regulation Law of the Civil
5613	5613
5614	5614
5615	5615
5616	5616
5617	5617
5618	5618	SB2450 - 156 - LRB104 12244 BDA 22351 b
5619	5619
5620	5620
5621	5621	SB2450- 157 -LRB104 12244 BDA 22351 b SB2450 - 157 - LRB104 12244 BDA 22351 b
5622	5622	SB2450 - 157 - LRB104 12244 BDA 22351 b
5623	5623	1 Administrative Code of Illinois.
5624	5624	2 (f) In enforcing this Section, the Department, upon a
5625	5625	3 showing of a possible violation, may compel any individual
5626	5626	4 registered under this Act or any individual who has applied
5627	5627	5 for registration to submit to a mental or physical examination
5628	5628	6 and evaluation, or both, that may include a substance abuse or
5629	5629	7 sexual offender evaluation, at the expense of the Department.
5630	5630	8 The Department shall specifically designate the examining
5631	5631	9 physician licensed to practice medicine in all of its branches
5632	5632	10 or, if applicable, the multidisciplinary team involved in
5633	5633	11 providing the mental or physical examination and evaluation,
5634	5634	12 or both. The multidisciplinary team shall be led by a
5635	5635	13 physician licensed to practice medicine in all of its branches
5636	5636	14 and may consist of one or more or a combination of physicians
5637	5637	15 licensed to practice medicine in all of its branches, licensed
5638	5638	16 chiropractic physicians, licensed clinical psychologists,
5639	5639	17 licensed clinical social workers, licensed clinical
5640	5640	18 professional counselors, and other professional and
5641	5641	19 administrative staff. Any examining physician or member of the
5642	5642	20 multidisciplinary team may require any person ordered to
5643	5643	21 submit to an examination and evaluation pursuant to this
5644	5644	22 Section to submit to any additional supplemental testing
5645	5645	23 deemed necessary to complete any examination or evaluation
5646	5646	24 process, including, but not limited to, blood testing,
5647	5647	25 urinalysis, psychological testing, or neuropsychological
5648	5648	26 testing.
5649	5649
5650	5650
5651	5651
5652	5652
5653	5653
5654	5654	SB2450 - 157 - LRB104 12244 BDA 22351 b
5655	5655
5656	5656
5657	5657	SB2450- 158 -LRB104 12244 BDA 22351 b SB2450 - 158 - LRB104 12244 BDA 22351 b
5658	5658	SB2450 - 158 - LRB104 12244 BDA 22351 b
5659	5659	1 The Department may order the examining physician or any
5660	5660	2 member of the multidisciplinary team to provide to the
5661	5661	3 Department any and all records, including business records,
5662	5662	4 that relate to the examination and evaluation, including any
5663	5663	5 supplemental testing performed. The Department may order the
5664	5664	6 examining physician or any member of the multidisciplinary
5665	5665	7 team to present testimony concerning this examination and
5666	5666	8 evaluation of the registrant or applicant, including testimony
5667	5667	9 concerning any supplemental testing or documents relating to
5668	5668	10 the examination and evaluation. No information, report,
5669	5669	11 record, or other documents in any way related to the
5670	5670	12 examination and evaluation shall be excluded by reason of any
5671	5671	13 common law or statutory privilege relating to communication
5672	5672	14 between the registrant or applicant and the examining
5673	5673	15 physician or any member of the multidisciplinary team. No
5674	5674	16 authorization is necessary from the registrant or applicant
5675	5675	17 ordered to undergo an evaluation and examination for the
5676	5676	18 examining physician or any member of the multidisciplinary
5677	5677	19 team to provide information, reports, records, or other
5678	5678	20 documents or to provide any testimony regarding the
5679	5679	21 examination and evaluation. The individual to be examined may
5680	5680	22 have, at the individual's own expense, another physician of
5681	5681	23 the individual's choice present during all aspects of the
5682	5682	24 examination.
5683	5683	25 Failure of any individual to submit to mental or physical
5684	5684	26 examination and evaluation, or both, when directed, shall
5685	5685
5686	5686
5687	5687
5688	5688
5689	5689
5690	5690	SB2450 - 158 - LRB104 12244 BDA 22351 b
5691	5691
5692	5692
5693	5693	SB2450- 159 -LRB104 12244 BDA 22351 b SB2450 - 159 - LRB104 12244 BDA 22351 b
5694	5694	SB2450 - 159 - LRB104 12244 BDA 22351 b
5695	5695	1 result in an automatic suspension without a hearing until such
5696	5696	2 time as the individual submits to the examination. If the
5697	5697	3 Department finds a registrant unable to practice because of
5698	5698	4 the reasons set forth in this Section, the Department shall
5699	5699	5 require such registrant to submit to care, counseling, or
5700	5700	6 treatment by physicians approved or designated by the
5701	5701	7 Department as a condition for continued, reinstated, or
5702	5702	8 renewed registration.
5703	5703	9 When the Secretary immediately suspends a registration
5704	5704	10 under this Section, a hearing upon such person's registration
5705	5705	11 must be convened by the Department within 15 days after such
5706	5706	12 suspension and completed without appreciable delay. The
5707	5707	13 Department shall have the authority to review the registrant's
5708	5708	14 record of treatment and counseling regarding the impairment to
5709	5709	15 the extent permitted by applicable federal statutes and
5710	5710	16 regulations safeguarding the confidentiality of medical
5711	5711	17 records.
5712	5712	18 Individuals registered under this Act and affected under
5713	5713	19 this Section shall be afforded an opportunity to demonstrate
5714	5714	20 to the Department that they can resume practice in compliance
5715	5715	21 with acceptable and prevailing standards under the provisions
5716	5716	22 of their registration.
5717	5717	23 (g) All fines imposed under this Section shall be paid
5718	5718	24 within 60 days after the effective date of the order imposing
5719	5719	25 the fine or in accordance with the terms set forth in the order
5720	5720	26 imposing the fine.
5721	5721
5722	5722
5723	5723
5724	5724
5725	5725
5726	5726	SB2450 - 159 - LRB104 12244 BDA 22351 b
5727	5727
5728	5728
5729	5729	SB2450- 160 -LRB104 12244 BDA 22351 b SB2450 - 160 - LRB104 12244 BDA 22351 b
5730	5730	SB2450 - 160 - LRB104 12244 BDA 22351 b
5731	5731	1 (h) (f) The Department may adopt rules to implement,
5732	5732	2 administer, and enforce this Section the changes made by
5733	5733	3 Public Act 102-1117.
5734	5734	4 (Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;
5735	5735	5 103-605, eff. 7-1-24; revised 10-16-24.)
5736	5736	6 Section 65. The Genetic Counselor Licensing Act is amended
5737	5737	7 by changing Section 95 as follows:
5738	5738	8 (225 ILCS 135/95)
5739	5739	9 (Section scheduled to be repealed on January 1, 2030)
5740	5740	10 Sec. 95. Grounds for discipline.
5741	5741	11 (a) The Department may refuse to issue, renew, or may
5742	5742	12 revoke, suspend, place on probation, reprimand, or take other
5743	5743	13 disciplinary or non-disciplinary action as the Department
5744	5744	14 deems appropriate, including the issuance of fines not to
5745	5745	15 exceed $10,000 for each violation, with regard to any license
5746	5746	16 for any one or more of the following:
5747	5747	17 (1) Material misstatement in furnishing information to
5748	5748	18 the Department or to any other State agency.
5749	5749	19 (2) Violations or negligent or intentional disregard
5750	5750	20 of this Act, or any of its rules.
5751	5751	21 (3) Conviction by plea of guilty or nolo contendere,
5752	5752	22 finding of guilt, jury verdict, or entry of judgment or
5753	5753	23 sentencing, including, but not limited to, convictions,
5754	5754	24 preceding sentences of supervision, conditional discharge,
5755	5755
5756	5756
5757	5757
5758	5758
5759	5759
5760	5760	SB2450 - 160 - LRB104 12244 BDA 22351 b
5761	5761
5762	5762
5763	5763	SB2450- 161 -LRB104 12244 BDA 22351 b SB2450 - 161 - LRB104 12244 BDA 22351 b
5764	5764	SB2450 - 161 - LRB104 12244 BDA 22351 b
5765	5765	1 or first offender probation, under the laws of any
5766	5766	2 jurisdiction of the United States: (i) that is a felony or
5767	5767	3 (ii) that is a misdemeanor, an essential element of which
5768	5768	4 is dishonesty, or that is directly related to the practice
5769	5769	5 of genetic counseling.
5770	5770	6 (4) Making any misrepresentation for the purpose of
5771	5771	7 obtaining a license, or violating any provision of this
5772	5772	8 Act or its rules.
5773	5773	9 (5) Negligence in the rendering of genetic counseling
5774	5774	10 services.
5775	5775	11 (6) Failure to provide genetic testing results and any
5776	5776	12 requested information to a referring physician licensed to
5777	5777	13 practice medicine in all its branches, advanced practice
5778	5778	14 registered nurse, or physician assistant.
5779	5779	15 (7) Aiding or assisting another person in violating
5780	5780	16 any provision of this Act or any rules.
5781	5781	17 (8) Failing to provide information within 60 days in
5782	5782	18 response to a written request made by the Department.
5783	5783	19 (9) Engaging in dishonorable, unethical, or
5784	5784	20 unprofessional conduct of a character likely to deceive,
5785	5785	21 defraud, or harm the public and violating the rules of
5786	5786	22 professional conduct adopted by the Department.
5787	5787	23 (10) Failing to maintain the confidentiality of any
5788	5788	24 information received from a client, unless otherwise
5789	5789	25 authorized or required by law.
5790	5790	26 (10.5) Failure to maintain client records of services
5791	5791
5792	5792
5793	5793
5794	5794
5795	5795
5796	5796	SB2450 - 161 - LRB104 12244 BDA 22351 b
5797	5797
5798	5798
5799	5799	SB2450- 162 -LRB104 12244 BDA 22351 b SB2450 - 162 - LRB104 12244 BDA 22351 b
5800	5800	SB2450 - 162 - LRB104 12244 BDA 22351 b
5801	5801	1 provided and provide copies to clients upon request.
5802	5802	2 (11) Exploiting a client for personal advantage,
5803	5803	3 profit, or interest.
5804	5804	4 (12) Habitual or excessive use or addiction to
5805	5805	5 alcohol, narcotics, stimulants, or any other chemical
5806	5806	6 agent or drug which results in inability to practice with
5807	5807	7 reasonable skill, judgment, or safety.
5808	5808	8 (13) Discipline by another governmental agency or unit
5809	5809	9 of government, by any jurisdiction of the United States,
5810	5810	10 or by a foreign nation, if at least one of the grounds for
5811	5811	11 the discipline is the same or substantially equivalent to
5812	5812	12 those set forth in this Section.
5813	5813	13 (14) Directly or indirectly giving to or receiving
5814	5814	14 from any person, firm, corporation, partnership, or
5815	5815	15 association any fee, commission, rebate, or other form of
5816	5816	16 compensation for any professional service not actually
5817	5817	17 rendered. Nothing in this paragraph (14) affects any bona
5818	5818	18 fide independent contractor or employment arrangements
5819	5819	19 among health care professionals, health facilities, health
5820	5820	20 care providers, or other entities, except as otherwise
5821	5821	21 prohibited by law. Any employment arrangements may include
5822	5822	22 provisions for compensation, health insurance, pension, or
5823	5823	23 other employment benefits for the provision of services
5824	5824	24 within the scope of the licensee's practice under this
5825	5825	25 Act. Nothing in this paragraph (14) shall be construed to
5826	5826	26 require an employment arrangement to receive professional
5827	5827
5828	5828
5829	5829
5830	5830
5831	5831
5832	5832	SB2450 - 162 - LRB104 12244 BDA 22351 b
5833	5833
5834	5834
5835	5835	SB2450- 163 -LRB104 12244 BDA 22351 b SB2450 - 163 - LRB104 12244 BDA 22351 b
5836	5836	SB2450 - 163 - LRB104 12244 BDA 22351 b
5837	5837	1 fees for services rendered.
5838	5838	2 (15) A finding by the Department that the licensee,
5839	5839	3 after having the license placed on probationary status,
5840	5840	4 has violated the terms of probation.
5841	5841	5 (16) Failing to refer a client to other health care
5842	5842	6 professionals when the licensee is unable or unwilling to
5843	5843	7 adequately support or serve the client.
5844	5844	8 (17) Willfully filing false reports relating to a
5845	5845	9 licensee's practice, including, but not limited to, false
5846	5846	10 records filed with federal or State agencies or
5847	5847	11 departments.
5848	5848	12 (18) Willfully failing to report an instance of
5849	5849	13 suspected child abuse or neglect as required by the Abused
5850	5850	14 and Neglected Child Reporting Act.
5851	5851	15 (19) Being named as a perpetrator in an indicated
5852	5852	16 report by the Department of Children and Family Services
5853	5853	17 pursuant to the Abused and Neglected Child Reporting Act,
5854	5854	18 and upon proof by clear and convincing evidence that the
5855	5855	19 licensee has caused a child to be an abused child or
5856	5856	20 neglected child as defined in the Abused and Neglected
5857	5857	21 Child Reporting Act.
5858	5858	22 (20) Physical or mental disability, including
5859	5859	23 deterioration through the aging process or loss of
5860	5860	24 abilities and skills which results in the inability to
5861	5861	25 practice the profession with reasonable judgment, skill,
5862	5862	26 or safety.
5863	5863
5864	5864
5865	5865
5866	5866
5867	5867
5868	5868	SB2450 - 163 - LRB104 12244 BDA 22351 b
5869	5869
5870	5870
5871	5871	SB2450- 164 -LRB104 12244 BDA 22351 b SB2450 - 164 - LRB104 12244 BDA 22351 b
5872	5872	SB2450 - 164 - LRB104 12244 BDA 22351 b
5873	5873	1 (21) Solicitation of professional services by using
5874	5874	2 false or misleading advertising.
5875	5875	3 (22) Failure to file a return, or to pay the tax,
5876	5876	4 penalty, or of interest shown in a filed return, or to pay
5877	5877	5 any final assessment of tax, penalty, or interest, as
5878	5878	6 required by any tax Act administered by the Illinois
5879	5879	7 Department of Revenue or any successor agency or the
5880	5880	8 Internal Revenue Service or any successor agency.
5881	5881	9 (23) Fraud or making any misrepresentation in applying
5882	5882	10 for or procuring a license under this Act or in connection
5883	5883	11 with applying for renewal of a license under this Act.
5884	5884	12 (24) Practicing or attempting to practice under a name
5885	5885	13 other than the full name as shown on the license or any
5886	5886	14 other legally authorized name.
5887	5887	15 (25) Gross overcharging for professional services,
5888	5888	16 including filing statements for collection of fees or
5889	5889	17 moneys for which services are not rendered.
5890	5890	18 (26) (Blank).
5891	5891	19 (27) Charging for professional services not rendered,
5892	5892	20 including filing false statements for the collection of
5893	5893	21 fees for which services are not rendered.
5894	5894	22 (28) Allowing one's license under this Act to be used
5895	5895	23 by an unlicensed person in violation of this Act.
5896	5896	24 (b) (Blank).
5897	5897	25 (b-5) The Department shall not revoke, suspend, summarily
5898	5898	26 suspend, place on prohibition, reprimand, refuse to issue or
5899	5899
5900	5900
5901	5901
5902	5902
5903	5903
5904	5904	SB2450 - 164 - LRB104 12244 BDA 22351 b
5905	5905
5906	5906
5907	5907	SB2450- 165 -LRB104 12244 BDA 22351 b SB2450 - 165 - LRB104 12244 BDA 22351 b
5908	5908	SB2450 - 165 - LRB104 12244 BDA 22351 b
5909	5909	1 renew, or take any other disciplinary or non-disciplinary
5910	5910	2 action against a person's authorization to practice the
5911	5911	3 license or permit issued under this Act to practice as a
5912	5912	4 genetic counselor based solely upon the person genetic
5913	5913	5 counselor authorizing, recommending, aiding, assisting,
5914	5914	6 referring for, or otherwise participating in any health care
5915	5915	7 service, so long as the care was not unlawful under the laws of
5916	5916	8 this State, regardless of whether the patient was a resident
5917	5917	9 of this State or another state.
5918	5918	10 (b-10) The Department shall not revoke, suspend, summarily
5919	5919	11 suspend, place on prohibition, reprimand, refuse to issue or
5920	5920	12 renew, or take any other disciplinary or non-disciplinary
5921	5921	13 action against a person's authorization to practice the
5922	5922	14 license or permit issued under this Act to practice as a
5923	5923	15 genetic counselor based upon the person's genetic counselor's
5924	5924	16 license, registration, or permit being revoked or suspended,
5925	5925	17 or the person genetic counselor being otherwise disciplined,
5926	5926	18 by any other state, if that revocation, suspension, or other
5927	5927	19 form of discipline was based solely on the person genetic
5928	5928	20 counselor violating another state's laws prohibiting the
5929	5929	21 provision of, authorization of, recommendation of, aiding or
5930	5930	22 assisting in, referring for, or participation in any health
5931	5931	23 care service if that health care service as provided would not
5932	5932	24 have been unlawful under the laws of this State and is
5933	5933	25 consistent with the applicable standard standards of conduct
5934	5934	26 for the person practicing genetic counselor if it occurred in
5935	5935
5936	5936
5937	5937
5938	5938
5939	5939
5940	5940	SB2450 - 165 - LRB104 12244 BDA 22351 b
5941	5941
5942	5942
5943	5943	SB2450- 166 -LRB104 12244 BDA 22351 b SB2450 - 166 - LRB104 12244 BDA 22351 b
5944	5944	SB2450 - 166 - LRB104 12244 BDA 22351 b
5945	5945	1 Illinois under this Act.
5946	5946	2 (b-15) The conduct specified in subsections (b-5) and
5947	5947	3 (b-10) shall not constitute grounds for suspension under
5948	5948	4 Section 160.
5949	5949	5 (b-20) An applicant seeking licensure, certification, or
5950	5950	6 authorization pursuant to this Act who has been subject to
5951	5951	7 disciplinary action by a duly authorized professional
5952	5952	8 disciplinary agency of another jurisdiction solely on the
5953	5953	9 basis of having authorized, recommended, aided, assisted,
5954	5954	10 referred for, or otherwise participated in health care shall
5955	5955	11 not be denied such licensure, certification, or authorization,
5956	5956	12 unless the Department determines that such action would have
5957	5957	13 constituted professional misconduct in this State; however,
5958	5958	14 nothing in this Section shall be construed as prohibiting the
5959	5959	15 Department from evaluating the conduct of such applicant and
5960	5960	16 making a determination regarding the licensure, certification,
5961	5961	17 or authorization to practice a profession under this Act.
5962	5962	18 (c) The determination by a court that a licensee is
5963	5963	19 subject to involuntary admission or judicial admission as
5964	5964	20 provided in the Mental Health and Developmental Disabilities
5965	5965	21 Code will result in an automatic suspension of the license.
5966	5966	22 The suspension will end upon a finding by a court that the
5967	5967	23 licensee is no longer subject to involuntary admission or
5968	5968	24 judicial admission, the issuance of an order so finding and
5969	5969	25 discharging the patient, and the determination of the
5970	5970	26 Secretary that the licensee be allowed to resume professional
5971	5971
5972	5972
5973	5973
5974	5974
5975	5975
5976	5976	SB2450 - 166 - LRB104 12244 BDA 22351 b
5977	5977
5978	5978
5979	5979	SB2450- 167 -LRB104 12244 BDA 22351 b SB2450 - 167 - LRB104 12244 BDA 22351 b
5980	5980	SB2450 - 167 - LRB104 12244 BDA 22351 b
5981	5981	1 practice.
5982	5982	2 (d) The Department may refuse to issue or renew or may
5983	5983	3 suspend without hearing the license of any person who fails to
5984	5984	4 file a return, to pay the tax penalty or interest shown in a
5985	5985	5 filed return, or to pay any final assessment of the tax,
5986	5986	6 penalty, or interest as required by any Act regarding the
5987	5987	7 payment of taxes administered by the Illinois Department of
5988	5988	8 Revenue until the requirements of the Act are satisfied in
5989	5989	9 accordance with subsection (g) of Section 2105-15 of the Civil
5990	5990	10 Administrative Code of Illinois.
5991	5991	11 (e) In cases where the Department of Healthcare and Family
5992	5992	12 Services has previously determined that a licensee or a
5993	5993	13 potential licensee is more than 30 days delinquent in the
5994	5994	14 payment of child support and has subsequently certified the
5995	5995	15 delinquency to the Department, the Department may refuse to
5996	5996	16 issue or renew or may revoke or suspend that person's license
5997	5997	17 or may take other disciplinary action against that person
5998	5998	18 based solely upon the certification of delinquency made by the
5999	5999	19 Department of Healthcare and Family Services in accordance
6000	6000	20 with item (5) of subsection (a) of Section 2105-15 of the
6001	6001	21 Department of Professional Regulation Law of the Civil
6002	6002	22 Administrative Code of Illinois.
6003	6003	23 (f) All fines or costs imposed under this Section shall be
6004	6004	24 paid within 60 days after the effective date of the order
6005	6005	25 imposing the fine or costs or in accordance with the terms set
6006	6006	26 forth in the order imposing the fine.
6007	6007
6008	6008
6009	6009
6010	6010
6011	6011
6012	6012	SB2450 - 167 - LRB104 12244 BDA 22351 b
6013	6013
6014	6014
6015	6015	SB2450- 168 -LRB104 12244 BDA 22351 b SB2450 - 168 - LRB104 12244 BDA 22351 b
6016	6016	SB2450 - 168 - LRB104 12244 BDA 22351 b
6017	6017	1 (g) The Department may adopt rules to implement,
6018	6018	2 administer, and enforce this Section the changes made by this
6019	6019	3 amendatory Act of the 102nd General Assembly.
6020	6020	4 (Source: P.A. 102-1117, eff. 1-13-23; 103-763, eff. 1-1-25.)
6021	6021	5 Section 70. The Illinois Food, Drug and Cosmetic Act is
6022	6022	6 amended by changing Sections 7, 14, and 15 as follows:
6023	6023	7 (410 ILCS 620/7) (from Ch. 56 1/2, par. 507)
6024	6024	8 Sec. 7. Only upon a report of a violation of this Act from
6025	6025	9 the It shall be the duty of each state's attorney to whom the
6026	6026	10 Director, a State's Attorney shall reports any violation of
6027	6027	11 this Act, to cause appropriate proceedings to be instituted in
6028	6028	12 the proper courts without delay and to be prosecuted in the
6029	6029	13 manner required by law. Before the Director reports any
6030	6030	14 violation of this Act is reported to any such state's attorney
6031	6031	15 for the institution of a criminal proceeding, the person
6032	6032	16 against whom such proceeding is contemplated shall be given
6033	6033	17 appropriate notice and an opportunity to present his views
6034	6034	18 before the Director or his designated agent, either orally or
6035	6035	19 in writing, in person or by attorney, with regard to such
6036	6036	20 contemplated proceeding.
6037	6037	21 (Source: Laws 1967, p. 959.)
6038	6038	22 (410 ILCS 620/14) (from Ch. 56 1/2, par. 514)
6039	6039	23 Sec. 14. A drug or device is adulterated: (a) (1) If it
6040	6040
6041	6041
6042	6042
6043	6043
6044	6044
6045	6045	SB2450 - 168 - LRB104 12244 BDA 22351 b
6046	6046
6047	6047
6048	6048	SB2450- 169 -LRB104 12244 BDA 22351 b SB2450 - 169 - LRB104 12244 BDA 22351 b
6049	6049	SB2450 - 169 - LRB104 12244 BDA 22351 b
6050	6050	1 consists in whole or in part of any filthy, putrid or
6051	6051	2 decomposed substance; or (2) (A) if it has been produced,
6052	6052	3 prepared, packed or held under unsanitary conditions whereby
6053	6053	4 it may have been contaminated with filth or whereby it may have
6054	6054	5 been rendered injurious to health; or (B) if it is a drug and
6055	6055	6 the methods used in, or the facilities or controls used for,
6056	6056	7 its manufacture, processing, packing or holding do not conform
6057	6057	8 to or are not operated or administered in conformity with
6058	6058	9 current good manufacturing practice to assure that such drug
6059	6059	10 meets the requirements of the Act as to safety and has the
6060	6060	11 identity and strength and meets the quality and purity
6061	6061	12 characteristics which it purports or is represented to
6062	6062	13 possess; or (3) if it is a drug and its container is composed,
6063	6063	14 in whole or in part, of any poisonous or deleterious substance
6064	6064	15 which may render the contents injurious to health; or (4) if
6065	6065	16 (A) it is a drug and it bears or contains, for purposes of
6066	6066	17 coloring only, a color additive which is unsafe within the
6067	6067	18 meaning of Section 706 of the Federal Act or (B) it is a color
6068	6068	19 additive, the intended use of which in or on drugs or devices
6069	6069	20 is for purposes of coloring only and is unsafe within the
6070	6070	21 meaning of Section 706 of the Federal Act; or (5) if it is a
6071	6071	22 new animal drug which is unsafe within the meaning of Section
6072	6072	23 512 of the Federal Act; or (6) if it is an animal feed bearing
6073	6073	24 or containing a new animal drug, and such animal feed is unsafe
6074	6074	25 within the meaning of Section 512 of the Federal Act.
6075	6075	26 (b) If it purports to be or is represented as a drug the
6076	6076
6077	6077
6078	6078
6079	6079
6080	6080
6081	6081	SB2450 - 169 - LRB104 12244 BDA 22351 b
6082	6082
6083	6083
6084	6084	SB2450- 170 -LRB104 12244 BDA 22351 b SB2450 - 170 - LRB104 12244 BDA 22351 b
6085	6085	SB2450 - 170 - LRB104 12244 BDA 22351 b
6086	6086	1 name of which is recognized in an official compendium, and its
6087	6087	2 strength differs from or its quality or purity falls below the
6088	6088	3 standard set forth in such compendium. Such determination as
6089	6089	4 to strength, quality or purity shall be made in accordance
6090	6090	5 with the tests or methods of assay set forth in such compendium
6091	6091	6 or in the absence of or inadequacy of such tests or methods of
6092	6092	7 assay, those prescribed under authority of the Federal Act. No
6093	6093	8 drug defined in an official compendium is adulterated under
6094	6094	9 this subsection because it differs from the standard of
6095	6095	10 strength, quality or purity therefor set forth in such
6096	6096	11 compendium, if its difference in strength, quality or purity
6097	6097	12 from such standard is plainly stated on its label. When a drug
6098	6098	13 is recognized in both the United States Pharmacopoeia -
6099	6099	14 National Formulary and the Homeopathic Pharmacopoeia of the
6100	6100	15 United States it shall be subject to the requirements of the
6101	6101	16 United States Pharmacopoeia - National Formulary unless it is
6102	6102	17 labeled and offered for sale as a homeopathic drug, in which
6103	6103	18 case it shall be subject to the provisions of the Homeopathic
6104	6104	19 Pharmacopoeia of the United States and not to those of the
6105	6105	20 United States Pharmacopoeia - National Formulary.
6106	6106	21 (c) If it is not subject to the provisions of subsection
6107	6107	22 (b) of this Section and its strength differs from or its purity
6108	6108	23 or quality falls below that which it purports or is
6109	6109	24 represented to possess.
6110	6110	25 (d) If it is a drug and any substance has been (1) mixed or
6111	6111	26 packed therewith so as to reduce its quality or strength; or
6112	6112
6113	6113
6114	6114
6115	6115
6116	6116
6117	6117	SB2450 - 170 - LRB104 12244 BDA 22351 b
6118	6118
6119	6119
6120	6120	SB2450- 171 -LRB104 12244 BDA 22351 b SB2450 - 171 - LRB104 12244 BDA 22351 b
6121	6121	SB2450 - 171 - LRB104 12244 BDA 22351 b
6122	6122	1 (2) substituted wholly or in part therefor.
6123	6123	2 (e) If it is, or purports to be or is represented as, a
6124	6124	3 device which is subject to a performance standard established
6125	6125	4 under Section 514 of the Federal Act, unless such device is in
6126	6126	5 all respects in conformity with such standard.
6127	6127	6 (f) If it is a device and the methods used in, or the
6128	6128	7 facilities or controls used for, its manufacture, packing,
6129	6129	8 storage, or installations are not in conformity with
6130	6130	9 applicable requirements under Section 520(b)(1) of the Federal
6131	6131	10 Act or an applicable condition as prescribed by an order under
6132	6132	11 Section 520(b)(2) of the Federal Act.
6133	6133	12 (g) If it is a device for which an exemption has been
6134	6134	13 granted under Section 520(g) of the Federal Act for
6135	6135	14 investigational use and the person who was granted such
6136	6136	15 exemption fails to comply with a requirement prescribed by or
6137	6137	16 under such Section.
6138	6138	17 (h) A drug's status as not approved by the U.S. Food and
6139	6139	18 Drug Administration shall not cause it to be deemed an
6140	6140	19 adulterated drug in violation of this Act if its safety and
6141	6141	20 efficacy have been established by peer-reviewed research or if
6142	6142	21 it is recommended for use by the World Health Organization,
6143	6143	22 even if the drug's labelling reflects prior approval that is
6144	6144	23 no longer in effect, so long as such labelling was true and
6145	6145	24 accurate at the time of manufacture.
6146	6146	25 (Source: P.A. 84-891.)
6147	6147
6148	6148
6149	6149
6150	6150
6151	6151
6152	6152	SB2450 - 171 - LRB104 12244 BDA 22351 b
6153	6153
6154	6154
6155	6155	SB2450- 172 -LRB104 12244 BDA 22351 b SB2450 - 172 - LRB104 12244 BDA 22351 b
6156	6156	SB2450 - 172 - LRB104 12244 BDA 22351 b
6157	6157	1 (410 ILCS 620/15) (from Ch. 56 1/2, par. 515)
6158	6158	2 Sec. 15. A drug or device is misbranded - (a) If its
6159	6159	3 labeling is false or misleading in any particular.
6160	6160	4 (b) If in package form unless it bears a label containing
6161	6161	5 (1) the name and place of business of the manufacturer, packer
6162	6162	6 or distributor; and (2) an accurate statement of the quantity
6163	6163	7 of the contents in terms of weight, measure or numerical
6164	6164	8 count. However, under paragraph (2) of this subsection
6165	6165	9 reasonable variations shall be permitted and exemptions as to
6166	6166	10 small packages shall be allowed, in accordance with
6167	6167	11 regulations prescribed by the Director or issued under the
6168	6168	12 Federal Act.
6169	6169	13 (c) If any word, statement or other information required
6170	6170	14 by or under authority of this Act to appear on the label or
6171	6171	15 labeling is not prominently placed thereon with such
6172	6172	16 conspicuousness (as compared with other words, statements,
6173	6173	17 designs or devices, in the labeling) and in such terms as to
6174	6174	18 render it likely to be read and understood by the ordinary
6175	6175	19 person under customary conditions of purchase and use.
6176	6176	20 (d) If it is for use by man and contains any quantity of
6177	6177	21 the narcotic or hypnotic substance alpha-eucaine, barbituric
6178	6178	22 acid, beta-eucaine, bromal, cannabis, carbromal, chloral,
6179	6179	23 coca, cocaine, codeine, heroin, marihuana, morphine, opium,
6180	6180	24 paraldehyde, peyote or sulphonmethane, (or any chemical
6181	6181	25 derivative of such substance, which derivative, after
6182	6182	26 investigation, has been found to be and is designated as habit
6183	6183
6184	6184
6185	6185
6186	6186
6187	6187
6188	6188	SB2450 - 172 - LRB104 12244 BDA 22351 b
6189	6189
6190	6190
6191	6191	SB2450- 173 -LRB104 12244 BDA 22351 b SB2450 - 173 - LRB104 12244 BDA 22351 b
6192	6192	SB2450 - 173 - LRB104 12244 BDA 22351 b
6193	6193	1 forming, by regulations issued by the Director under this Act,
6194	6194	2 or by regulations issued pursuant to Section 502(d) of the
6195	6195	3 Federal Act) unless its label bears the name and quantity or
6196	6196	4 proportion of such substance or derivative and in
6197	6197	5 juxtaposition therewith the statement "Warning--May be habit
6198	6198	6 forming".
6199	6199	7 (e) (1) If it is a drug, unless (A) its label bears to the
6200	6200	8 exclusion of any other nonproprietary name (except the
6201	6201	9 applicable systematic chemical name or the chemical formula),
6202	6202	10 (i) the established name (as defined in paragraph (2) of this
6203	6203	11 subsection) of the drug, if such there be; and (ii), in case it
6204	6204	12 is fabricated from 2 or more ingredients, the established name
6205	6205	13 and quantity of each active ingredient, including the kind and
6206	6206	14 quantity or proportion of any alcohol, and also including
6207	6207	15 whether active or not, the established name and quantity or
6208	6208	16 proportion of any bromides, ether, chloroform, acetanilid,
6209	6209	17 acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine,
6210	6210	18 hyoscyamine, arsenic, digitalis, digitalis glucosides,
6211	6211	19 mercury, ouabain, strophanthin, strychnine, thyroid or any
6212	6212	20 derivative or preparation of any such substances contained
6213	6213	21 therein, except the requirement for stating the quantity of
6214	6214	22 the active ingredients, other than the quantity of those
6215	6215	23 specifically named in this paragraph, shall apply only to
6216	6216	24 prescription drugs; and, (B) for any prescription drug the
6217	6217	25 established name of such drug or ingredient, as the case may
6218	6218	26 be, on such label (and on any labeling on which a name for such
6219	6219
6220	6220
6221	6221
6222	6222
6223	6223
6224	6224	SB2450 - 173 - LRB104 12244 BDA 22351 b
6225	6225
6226	6226
6227	6227	SB2450- 174 -LRB104 12244 BDA 22351 b SB2450 - 174 - LRB104 12244 BDA 22351 b
6228	6228	SB2450 - 174 - LRB104 12244 BDA 22351 b
6229	6229	1 drug or ingredient is used) is printed prominently and in type
6230	6230	2 at least half as large as that used thereon for any proprietary
6231	6231	3 name or designation for such drug or ingredient to the extent
6232	6232	4 that compliance with the requirements of subclause (ii) of
6233	6233	5 clause (A) or clause (B) of this paragraph is impracticable,
6234	6234	6 exemptions may be allowed under regulations promulgated by the
6235	6235	7 Director or under the Federal Act.
6236	6236	8 (2) As used in paragraph (1) of this subsection (e),
6237	6237	9 "established name", with respect to a drug or ingredient
6238	6238	10 thereof, means (A) the applicable official name designated
6239	6239	11 pursuant to Section 508 of the Federal Act, or (B) if there is
6240	6240	12 no such name and such drug or such ingredient is an article
6241	6241	13 recognized in an official compendium, then the official title
6242	6242	14 thereof in such compendium or (C) if neither clause (A) nor
6243	6243	15 clause (B) of this paragraph applies, then the common or usual
6244	6244	16 name, if any, of such drug or of such ingredient. However,
6245	6245	17 where clause (B) of this paragraph applies to an article
6246	6246	18 recognized in the United States Pharmacopoeia - National
6247	6247	19 Formulary and in the Homeopathic Pharmacopoeia under different
6248	6248	20 official titles, the official title used in the United States
6249	6249	21 Pharmacopoeia - National Formulary shall apply unless it is
6250	6250	22 labeled and offered for sale as a homeopathic drug, in which
6251	6251	23 case the official title used in the Homeopathic Pharmacopoeia
6252	6252	24 shall apply.
6253	6253	25 (3) If it is a device and it has an established name,
6254	6254	26 unless its label bears, to the exclusion of any other
6255	6255
6256	6256
6257	6257
6258	6258
6259	6259
6260	6260	SB2450 - 174 - LRB104 12244 BDA 22351 b
6261	6261
6262	6262
6263	6263	SB2450- 175 -LRB104 12244 BDA 22351 b SB2450 - 175 - LRB104 12244 BDA 22351 b
6264	6264	SB2450 - 175 - LRB104 12244 BDA 22351 b
6265	6265	1 nonproprietary name, its established name (as defined in
6266	6266	2 paragraph (4) of this subsection (e)) prominently printed in
6267	6267	3 type at least half as large as that used thereon for any
6268	6268	4 proprietary name or designation for such device, except that
6269	6269	5 to the extent compliance with this paragraph (3) is
6270	6270	6 impracticable, exemptions shall be allowed under regulations
6271	6271	7 promulgated under the Federal Act.
6272	6272	8 (4) As used in paragraph (3), "established name", with
6273	6273	9 respect to a device, means (A) the applicable official name of
6274	6274	10 the device designated pursuant to Section 508 of the Federal
6275	6275	11 Act, (B) if there is no such name and such device is an article
6276	6276	12 recognized in an official compendium, then the official title
6277	6277	13 thereof in such compendium, or (C) if neither clause (A) nor
6278	6278	14 clause (B) of this paragraph applies, then any common or usual
6279	6279	15 name.
6280	6280	16 (f) Unless its labeling bears (1) adequate directions for
6281	6281	17 use; and (2) such adequate warnings against use in those
6282	6282	18 pathological conditions or by children where its use may be
6283	6283	19 dangerous to health or against unsafe dosage or methods or
6284	6284	20 duration of administration or application in such manner and
6285	6285	21 form as are necessary for the protection of users. However,
6286	6286	22 where any requirement of clause (1) of this subsection (f) as
6287	6287	23 applied to any drug or device, is not necessary for the
6288	6288	24 protection of the public health, the Director shall promulgate
6289	6289	25 regulations exempting such drug or device from such
6290	6290	26 requirements; and the articles exempted under regulations
6291	6291
6292	6292
6293	6293
6294	6294
6295	6295
6296	6296	SB2450 - 175 - LRB104 12244 BDA 22351 b
6297	6297
6298	6298
6299	6299	SB2450- 176 -LRB104 12244 BDA 22351 b SB2450 - 176 - LRB104 12244 BDA 22351 b
6300	6300	SB2450 - 176 - LRB104 12244 BDA 22351 b
6301	6301	1 issued under Section 502(f) of the Federal Act may also be
6302	6302	2 exempt.
6303	6303	3 (g) If it purports to be a drug the name of which is
6304	6304	4 recognized in an official compendium, unless it is packaged
6305	6305	5 and labeled as prescribed therein. However, the method of
6306	6306	6 packing may be modified with the consent of the Director, or if
6307	6307	7 consent is obtained under the Federal Act. When a drug is
6308	6308	8 recognized in both the United States Pharmacopoeia - National
6309	6309	9 Formulary and the Homeopathic Pharmacopoeia of the United
6310	6310	10 States, it shall be subject to the requirements of the United
6311	6311	11 States Pharmacopoeia - National Formulary with respect to
6312	6312	12 packaging and labeling unless it is labeled and offered for
6313	6313	13 sale as a homeopathic drug, in which case it shall be subject
6314	6314	14 to the provisions of the Homeopathic Pharmacopoeia of the
6315	6315	15 United States and not to those of the United States
6316	6316	16 Pharmacopoeia - National Formulary; and, in the event of
6317	6317	17 inconsistency between the requirements of this subsection and
6318	6318	18 those of subsection (e) as to the name by which the drug or its
6319	6319	19 ingredients shall be designated, the requirements of
6320	6320	20 subsection (e) shall prevail.
6321	6321	21 (h) If it has been found by the Director or under the
6322	6322	22 Federal Act to be a drug liable to deterioration, unless it is
6323	6323	23 packaged in such form and manner, and its label bears a
6324	6324	24 statement of such precautions, as the regulations issued by
6325	6325	25 the Director or under the Federal Act require as necessary for
6326	6326	26 the protection of public health. No such regulation shall be
6327	6327
6328	6328
6329	6329
6330	6330
6331	6331
6332	6332	SB2450 - 176 - LRB104 12244 BDA 22351 b
6333	6333
6334	6334
6335	6335	SB2450- 177 -LRB104 12244 BDA 22351 b SB2450 - 177 - LRB104 12244 BDA 22351 b
6336	6336	SB2450 - 177 - LRB104 12244 BDA 22351 b
6337	6337	1 established for any drug recognized in an official compendium
6338	6338	2 until the Director shall have informed the appropriate body
6339	6339	3 charged with the revision of such compendium of the need for
6340	6340	4 such packaging or labeling requirements and such body shall
6341	6341	5 have failed within a reasonable time to prescribe such
6342	6342	6 requirements.
6343	6343	7 (i) (1) If it is a drug and its container is so made,
6344	6344	8 formed or filled as to be misleading; or (2) if it is an
6345	6345	9 imitation of another drug; or (3) if it is offered for sale
6346	6346	10 under the name of another drug.
6347	6347	11 (j) If it is dangerous to health when used in the dosage
6348	6348	12 (or manner) or with the frequency or duration prescribed,
6349	6349	13 recommended or suggested in the labeling thereof.
6350	6350	14 (k) If it is or purports to be or is represented as a drug
6351	6351	15 composed wholly or partly of insulin, unless (1) it is a batch
6352	6352	16 with respect to which a certificate or release has been issued
6353	6353	17 pursuant to Section 506 of the Federal Act and (2) such
6354	6354	18 certificate or release is in effect with respect to such drug.
6355	6355	19 (l) If it is or purports to be or is represented as a drug
6356	6356	20 (except a drug for use in animals other than man) composed
6357	6357	21 wholly or partly of any kind of penicillin, streptomycin,
6358	6358	22 chlortetracycline, chloramphenicol or bacitracin or any other
6359	6359	23 antibiotic drug or any derivative thereof unless (1) it is
6360	6360	24 from a batch with respect to which a certificate or release has
6361	6361	25 been issued pursuant to Section 507 of the Federal Act and (2)
6362	6362	26 such certificate or release is in effect with respect to such
6363	6363
6364	6364
6365	6365
6366	6366
6367	6367
6368	6368	SB2450 - 177 - LRB104 12244 BDA 22351 b
6369	6369
6370	6370
6371	6371	SB2450- 178 -LRB104 12244 BDA 22351 b SB2450 - 178 - LRB104 12244 BDA 22351 b
6372	6372	SB2450 - 178 - LRB104 12244 BDA 22351 b
6373	6373	1 drug. However, this subsection (l) shall not apply to any drug
6374	6374	2 or class of drugs exempted by regulations promulgated under
6375	6375	3 Section 507(c) or (d) of the Federal Act. For the purpose of
6376	6376	4 this subsection, "antibiotic drug" means any drug intended for
6377	6377	5 use by man containing any quantity of any chemical substance
6378	6378	6 which is produced by a microorganism and which has the
6379	6379	7 capacity to inhibit or destroy microorganisms in dilute
6380	6380	8 solution (including the chemically synthesized equivalent of
6381	6381	9 any such substance).
6382	6382	10 (m) If it is a color additive, the intended use of which in
6383	6383	11 or on drugs is for the purpose of coloring only, unless its
6384	6384	12 packaging and labeling are in conformity with such packaging
6385	6385	13 and labeling requirements applicable to such color additive
6386	6386	14 prescribed under the provision of Section 13(b) or of the
6387	6387	15 Federal Act.
6388	6388	16 (n) In the case of any prescription drug distributed or
6389	6389	17 offered for sale in this State, unless the manufacturer,
6390	6390	18 packer or distributor thereof includes in all advertisements
6391	6391	19 and other descriptive printed matter issued or caused to be
6392	6392	20 issued by the manufacturer, packer or distributor with respect
6393	6393	21 to that drug a true statement of (1) the established name as
6394	6394	22 defined in paragraph (2) of subsection (e) of Section 15 of
6395	6395	23 this Act, (2) the formula showing quantitatively each
6396	6396	24 ingredient of such drug to the extent required for labels
6397	6397	25 under Section 502(e) of the Federal Act, and (3) such other
6398	6398	26 information in brief summary relating to side effects,
6399	6399
6400	6400
6401	6401
6402	6402
6403	6403
6404	6404	SB2450 - 178 - LRB104 12244 BDA 22351 b
6405	6405
6406	6406
6407	6407	SB2450- 179 -LRB104 12244 BDA 22351 b SB2450 - 179 - LRB104 12244 BDA 22351 b
6408	6408	SB2450 - 179 - LRB104 12244 BDA 22351 b
6409	6409	1 contraindications, and effectiveness as shall be required in
6410	6410	2 regulations issued under the Federal Act.
6411	6411	3 (o) If it was manufactured, prepared, propagated,
6412	6412	4 compounded or processed in an establishment in this State not
6413	6413	5 duly registered under Section 510 of the Federal Act, if it was
6414	6414	6 not included in a list required by Section 510(j) of the
6415	6415	7 Federal Act, if a notice or other information respecting it
6416	6416	8 was not provided as required by such Section or Section 510(k)
6417	6417	9 of the Federal Act, or if it does not bear such symbols from
6418	6418	10 the uniform system for identification of devices prescribed
6419	6419	11 under Section 510(e) of the Federal Act as required by
6420	6420	12 regulation.
6421	6421	13 (p) If a trademark, trade name or other identifying mark,
6422	6422	14 imprint or device of another or any likeness of the foregoing
6423	6423	15 has been placed thereon or upon its container with intent to
6424	6424	16 defraud.
6425	6425	17 (q) If it is a drug and its packaging or labeling is in
6426	6426	18 violation of an applicable regulation issued pursuant to
6427	6427	19 Section 3, 4 or 5 of the Illinois Poison Prevention Packaging
6428	6428	20 Act.
6429	6429	21 (r) In the case of any restricted device distributed or
6430	6430	22 offered for sale in this State, if (1) its advertising is false
6431	6431	23 or misleading in any particular, or (2) it is sold,
6432	6432	24 distributed or used in violation or regulations prescribed
6433	6433	25 under Section 520(e) of the Federal Act.
6434	6434	26 (s) In the case of any restricted device distributed or
6435	6435
6436	6436
6437	6437
6438	6438
6439	6439
6440	6440	SB2450 - 179 - LRB104 12244 BDA 22351 b
6441	6441
6442	6442
6443	6443	SB2450- 180 -LRB104 12244 BDA 22351 b SB2450 - 180 - LRB104 12244 BDA 22351 b
6444	6444	SB2450 - 180 - LRB104 12244 BDA 22351 b
6445	6445	1 offered for sale in this State, unless the manufacturer,
6446	6446	2 packer or distributor thereof includes in all advertisements
6447	6447	3 and other descriptive printed matter issued by the
6448	6448	4 manufacturer, packer or distributor with respect to that
6449	6449	5 device (1) a true statement of the device's established name
6450	6450	6 as defined in Section 502(e) of the Federal Act or subsection
6451	6451	7 (e) of Section 15 of this Act, printed prominently and in type
6452	6452	8 at least half as large as that used for any trade or brand name
6453	6453	9 thereof, and (2) a brief statement of the intended uses of the
6454	6454	10 device and relevant warnings, precautions, side effects and
6455	6455	11 contraindications and in the case of specific devices made
6456	6456	12 subject to regulations issued under the Federal Act, a full
6457	6457	13 description of the components of such device or the formula
6458	6458	14 showing quantitatively each ingredient of such device to the
6459	6459	15 extent required in regulations under the Federal Act.
6460	6460	16 (t) If it is a device subject to a performance standard
6461	6461	17 established under Section 514 of the Federal Act, unless it
6462	6462	18 bears such labeling as may be prescribed in such performance
6463	6463	19 standard.
6464	6464	20 (u) If it is a device and there was a failure or refusal
6465	6465	21 (1) to comply with any requirement prescribed under Section
6466	6466	22 518 of the Federal Act respecting the device, or (2) to furnish
6467	6467	23 material required by or under Section 519 of the Federal Act
6468	6468	24 respecting the device.
6469	6469	25 (v) A drug's status as not approved by the U.S. Food and
6470	6470	26 Drug Administration shall not cause it to be deemed a
6471	6471
6472	6472
6473	6473
6474	6474
6475	6475
6476	6476	SB2450 - 180 - LRB104 12244 BDA 22351 b
6477	6477
6478	6478
6479	6479	SB2450- 181 -LRB104 12244 BDA 22351 b SB2450 - 181 - LRB104 12244 BDA 22351 b
6480	6480	SB2450 - 181 - LRB104 12244 BDA 22351 b
6481	6481	1 misbranded drug in violation of this Act if its safety and
6482	6482	2 efficacy have been established by peer-reviewed research or if
6483	6483	3 it is recommended for use by the World Health Organization,
6484	6484	4 even if the drug's labelling reflects prior approval that is
6485	6485	5 no longer in effect, so long as such labelling was true and
6486	6486	6 accurate at the time of manufacture.
6487	6487	7 (Source: P.A. 84-891.)
6488	6488	SB2450- 182 -LRB104 12244 BDA 22351 b 1 INDEX 2 Statutes amended in order of appearance SB2450- 182 -LRB104 12244 BDA 22351 b SB2450 - 182 - LRB104 12244 BDA 22351 b 1 INDEX 2 Statutes amended in order of appearance
6489	6489	SB2450- 182 -LRB104 12244 BDA 22351 b SB2450 - 182 - LRB104 12244 BDA 22351 b
6490	6490	SB2450 - 182 - LRB104 12244 BDA 22351 b
6491	6491	1 INDEX
6492	6492	2 Statutes amended in order of appearance
6493	6493
6494	6494
6495	6495
6496	6496
6497	6497
6498	6498	SB2450 - 181 - LRB104 12244 BDA 22351 b
6499	6499
6500	6500
6501	6501
6502	6502	SB2450- 182 -LRB104 12244 BDA 22351 b SB2450 - 182 - LRB104 12244 BDA 22351 b
6503	6503	SB2450 - 182 - LRB104 12244 BDA 22351 b
6504	6504	1 INDEX
6505	6505	2 Statutes amended in order of appearance
6506	6506
6507	6507
6508	6508
6509	6509
6510	6510
6511	6511	SB2450 - 182 - LRB104 12244 BDA 22351 b