Public Act 102-1117

HB4664 Enrolled LRB102 24218 AMQ 33447 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Article 1.

Section 1-5. The Reproductive Health Act is amended by

changing Sections 1-10 and 1-20 as follows:

(775 ILCS 55/1-10)

Sec. 1-10. Definitions. As used in this Act:

"Abortion" means the use of any instrument, medicine,

drug, or any other substance or device to terminate the

pregnancy of an individual known to be pregnant with an

intention other than to increase the probability of a live

birth, to preserve the life or health of the child after live

birth, or to remove a dead fetus.

"Advanced practice registered nurse" has the same meaning

as it does in Section 50-10 of the Nurse Practice Act.

"Assisted reproduction" means a method of achieving a

pregnancy through the handling of human oocytes, sperm,

zygotes, or embryos for the purpose of establishing a

pregnancy. "Assisted reproduction" includes, but is not

limited to, methods of artificial insemination, in vitro

fertilization, embryo transfer, zygote transfer, embryo

biopsy, preimplantation genetic diagnosis, embryo

cryopreservation, oocyte, gamete, zygote, and embryo donation,

and gestational surrogacy.

"Department" means the Illinois Department of Public

Health.

"Fetal viability" means that, in the professional judgment

of the attending health care professional, based on the

particular facts of the case, there is a significant

likelihood of a fetus' sustained survival outside the uterus

without the application of extraordinary medical measures.

"Health care professional" means a person who is licensed

as a physician, advanced practice registered nurse, or

physician assistant.

"Health of the patient" means all factors that are

relevant to the patient's health and well-being, including,

but not limited to, physical, emotional, psychological, and

familial health and age.

"Maternity care" means the health care provided in

relation to pregnancy, labor and childbirth, and the

postpartum period, and includes prenatal care, care during

labor and birthing, and postpartum care extending through

one-year postpartum. Maternity care shall, seek to optimize

positive outcomes for the patient, and be provided on the

basis of the physical and psychosocial needs of the patient.

Notwithstanding any of the above, all care shall be subject to

the informed and voluntary consent of the patient, or the

patient's legal proxy, when the patient is unable to give

consent.

"Physician" means any person licensed to practice medicine

in all its branches under the Medical Practice Act of 1987.

"Physician assistant" has the same meaning as it does in

Section 4 of the Physician Assistant Practice Act of 1987.

"Pregnancy" means the human reproductive process,

beginning with the implantation of an embryo.

"Prevailing party" has the same meaning as in the Illinois

Civil Rights Act of 2003.

"Reproductive health care" means health care offered,

arranged, or furnished for the purpose of preventing

pregnancy, terminating a pregnancy, managing pregnancy loss,

or improving maternal health and birth outcomes. "Reproductive

health care" includes, but is not limited to: contraception;

sterilization; preconception care; assisted reproduction;

maternity care; abortion care; and counseling regarding

reproductive health care.

"State" includes any branch, department, agency,

instrumentality, and official or other person acting under

color of law of this State or a political subdivision of the

State, including any unit of local government (including a

home rule unit), school district, instrumentality, or public

subdivision.

(Source: P.A. 101-13, eff. 6-12-19.)

(775 ILCS 55/1-20)

Sec. 1-20. Prohibited State actions; causes of action.

(a) The State shall not:

(1) deny, restrict, interfere with, or discriminate

against an individual's exercise of the fundamental rights

set forth in this Act, including individuals under State

custody, control, or supervision; or

(2) prosecute, punish, or otherwise deprive any

individual of the individual's rights for any act or

failure to act during the individual's own pregnancy, if

the predominant basis for such prosecution, punishment, or

deprivation of rights is the potential, actual, or

perceived impact on the pregnancy or its outcomes or on

the pregnant individual's own health.

(b) Any party aggrieved by conduct or regulation in

violation of this Act may bring a civil lawsuit, in a federal

district court or State circuit court, against the offending

unit of government. Any State claim brought in federal

district court shall be a supplemental claim to a federal

claim. Any lawsuit brought pursuant to this Act shall be

commenced within 2 years after the cause of action was

discovered.

(c) Upon motion, a court shall award reasonable attorney's

fees and costs, including expert witness fees and other

litigation expenses, to a plaintiff who is a prevailing party

in any action brought pursuant to this Section. In awarding

reasonable attorney's fees, the court shall consider the

degree to which the relief obtained relates to the relief

sought.

(Source: P.A. 101-13, eff. 6-12-19.)

Article 3.

Section 3-5. The Wrongful Death Act is amended by changing

Section 2.2 as follows:

(740 ILCS 180/2.2)  (from Ch. 70, par. 2.2)

Sec. 2.2. The state of gestation or development of a human

being when an injury is caused, when an injury takes effect, or

at death, shall not foreclose maintenance of any cause of

action under the law of this State arising from the death of a

human being caused by wrongful act, neglect or default.

There shall be no cause of action against a health care

professional, a medical institution, or the pregnant person

physician or a medical institution for the wrongful death of a

fetus caused by an abortion where the abortion was permitted

by law and the requisite consent was lawfully given. Provided,

however, that a cause of action is not prohibited where the

fetus is live-born but subsequently dies.

There shall be no cause of action against a physician or a

medical institution for the wrongful death of a fetus based on

the alleged misconduct of the physician or medical institution

where the defendant did not know and, under the applicable

standard of good medical care, had no medical reason to know of

the pregnancy of the mother of the fetus.

(Source: P.A. 81-946.)

Article 4.

Section 4-5. The Illinois Insurance Code is amended by

changing Section 356z.3a as follows:

(215 ILCS 5/356z.3a)

Sec. 356z.3a. Billing; emergency services;

nonparticipating providers.

(a) As used in this Section:

"Ancillary services" means:

(1) items and services related to emergency medicine,

anesthesiology, pathology, radiology, and neonatology that

are provided by any health care provider;

(2) items and services provided by assistant surgeons,

hospitalists, and intensivists;

(3) diagnostic services, including radiology and

laboratory services, except for advanced diagnostic

laboratory tests identified on the most current list

published by the United States Secretary of Health and

Human Services under 42 U.S.C. 300gg-132(b)(3);

(4) items and services provided by other specialty

practitioners as the United States Secretary of Health and

Human Services specifies through rulemaking under 42

U.S.C. 300gg-132(b)(3); and

(5) items and services provided by a nonparticipating

provider if there is no participating provider who can

furnish the item or service at the facility; and .

(6) items and services provided by a nonparticipating

provider if there is no participating provider who will

furnish the item or service because a participating

provider has asserted the participating provider's rights

under the Health Care Right of Conscience Act.

"Cost sharing" means the amount an insured, beneficiary,

or enrollee is responsible for paying for a covered item or

service under the terms of the policy or certificate. "Cost

sharing" includes copayments, coinsurance, and amounts paid

toward deductibles, but does not include amounts paid towards

premiums, balance billing by out-of-network providers, or the

cost of items or services that are not covered under the policy

or certificate.

"Emergency department of a hospital" means any hospital

department that provides emergency services, including a

hospital outpatient department.

"Emergency medical condition" has the meaning ascribed to

that term in Section 10 of the Managed Care Reform and Patient

Rights Act.

"Emergency medical screening examination" has the meaning

ascribed to that term in Section 10 of the Managed Care Reform

and Patient Rights Act.

"Emergency services" means, with respect to an emergency

medical condition:

(1) in general, an emergency medical screening

examination, including ancillary services routinely

available to the emergency department to evaluate such

emergency medical condition, and such further medical

examination and treatment as would be required to

stabilize the patient regardless of the department of the

hospital or other facility in which such further

examination or treatment is furnished; or

(2) additional items and services for which benefits

are provided or covered under the coverage and that are

furnished by a nonparticipating provider or

nonparticipating emergency facility regardless of the

department of the hospital or other facility in which such

items are furnished after the insured, beneficiary, or

enrollee is stabilized and as part of outpatient

observation or an inpatient or outpatient stay with

respect to the visit in which the services described in

paragraph (1) are furnished. Services after stabilization

cease to be emergency services only when all the

conditions of 42 U.S.C. 300gg-111(a)(3)(C)(ii)(II) and

regulations thereunder are met.

"Freestanding Emergency Center" means a facility licensed

under Section 32.5 of the Emergency Medical Services (EMS)

Systems Act.

"Health care facility" means, in the context of

non-emergency services, any of the following:

(1) a hospital as defined in 42 U.S.C. 1395x(e);

(2) a hospital outpatient department;

(3) a critical access hospital certified under 42

U.S.C. 1395i-4(e);

(4) an ambulatory surgical treatment center as defined

in the Ambulatory Surgical Treatment Center Act; or

(5) any recipient of a license under the Hospital

Licensing Act that is not otherwise described in this

definition.

"Health care provider" means a provider as defined in

subsection (d) of Section 370g. "Health care provider" does

not include a provider of air ambulance or ground ambulance

services.

"Health care services" has the meaning ascribed to that

term in subsection (a) of Section 370g.

"Health insurance issuer" has the meaning ascribed to that

term in Section 5 of the Illinois Health Insurance Portability

and Accountability Act.

"Nonparticipating emergency facility" means, with respect

to the furnishing of an item or service under a policy of group

or individual health insurance coverage, any of the following

facilities that does not have a contractual relationship

directly or indirectly with a health insurance issuer in

relation to the coverage:

(1) an emergency department of a hospital;

(2) a Freestanding Emergency Center;

(3) an ambulatory surgical treatment center as defined

in the Ambulatory Surgical Treatment Center Act; or

(4) with respect to emergency services described in

paragraph (2) of the definition of "emergency services", a

hospital.

"Nonparticipating provider" means, with respect to the

furnishing of an item or service under a policy of group or

individual health insurance coverage, any health care provider

who does not have a contractual relationship directly or

indirectly with a health insurance issuer in relation to the

coverage.

"Participating emergency facility" means any of the

following facilities that has a contractual relationship

directly or indirectly with a health insurance issuer offering

group or individual health insurance coverage setting forth

the terms and conditions on which a relevant health care

service is provided to an insured, beneficiary, or enrollee

under the coverage:

(1) an emergency department of a hospital;

(2) a Freestanding Emergency Center;

(3) an ambulatory surgical treatment center as defined

in the Ambulatory Surgical Treatment Center Act; or

(4) with respect to emergency services described in

paragraph (2) of the definition of "emergency services", a

hospital.

For purposes of this definition, a single case agreement

between an emergency facility and an issuer that is used to

address unique situations in which an insured, beneficiary, or

enrollee requires services that typically occur out-of-network

constitutes a contractual relationship and is limited to the

parties to the agreement.

"Participating health care facility" means any health care

facility that has a contractual relationship directly or

indirectly with a health insurance issuer offering group or

individual health insurance coverage setting forth the terms

and conditions on which a relevant health care service is

provided to an insured, beneficiary, or enrollee under the

coverage. A single case agreement between an emergency

facility and an issuer that is used to address unique

situations in which an insured, beneficiary, or enrollee

requires services that typically occur out-of-network

constitutes a contractual relationship for purposes of this

definition and is limited to the parties to the agreement.

"Participating provider" means any health care provider

that has a contractual relationship directly or indirectly

with a health insurance issuer offering group or individual

health insurance coverage setting forth the terms and

conditions on which a relevant health care service is provided

to an insured, beneficiary, or enrollee under the coverage.

"Qualifying payment amount" has the meaning given to that

term in 42 U.S.C. 300gg-111(a)(3)(E) and the regulations

promulgated thereunder.

"Recognized amount" means the lesser of the amount

initially billed by the provider or the qualifying payment

amount.

"Stabilize" means "stabilization" as defined in Section 10

of the Managed Care Reform and Patient Rights Act.

"Treating provider" means a health care provider who has

evaluated the individual.

"Visit" means, with respect to health care services

furnished to an individual at a health care facility, health

care services furnished by a provider at the facility, as well

as equipment, devices, telehealth services, imaging services,

laboratory services, and preoperative and postoperative

services regardless of whether the provider furnishing such

services is at the facility.

(b) Emergency services. When a beneficiary, insured, or

enrollee receives emergency services from a nonparticipating

provider or a nonparticipating emergency facility, the health

insurance issuer shall ensure that the beneficiary, insured,

or enrollee shall incur no greater out-of-pocket costs than

the beneficiary, insured, or enrollee would have incurred with

a participating provider or a participating emergency

facility. Any cost-sharing requirements shall be applied as

though the emergency services had been received from a

participating provider or a participating facility. Cost

sharing shall be calculated based on the recognized amount for

the emergency services. If the cost sharing for the same item

or service furnished by a participating provider would have

been a flat-dollar copayment, that amount shall be the

cost-sharing amount unless the provider has billed a lesser

total amount. In no event shall the beneficiary, insured,

enrollee, or any group policyholder or plan sponsor be liable

to or billed by the health insurance issuer, the

nonparticipating provider, or the nonparticipating emergency

facility for any amount beyond the cost sharing calculated in

accordance with this subsection with respect to the emergency

services delivered. Administrative requirements or limitations

shall be no greater than those applicable to emergency

services received from a participating provider or a

participating emergency facility.

(b-5) Non-emergency services at participating health care

facilities.

(1) When a beneficiary, insured, or enrollee utilizes

a participating health care facility and, due to any

reason, covered ancillary services are provided by a

nonparticipating provider during or resulting from the

visit, the health insurance issuer shall ensure that the

beneficiary, insured, or enrollee shall incur no greater

out-of-pocket costs than the beneficiary, insured, or

enrollee would have incurred with a participating provider

for the ancillary services. Any cost-sharing requirements

shall be applied as though the ancillary services had been

received from a participating provider. Cost sharing shall

be calculated based on the recognized amount for the

ancillary services. If the cost sharing for the same item

or service furnished by a participating provider would

have been a flat-dollar copayment, that amount shall be

the cost-sharing amount unless the provider has billed a

lesser total amount. In no event shall the beneficiary,

insured, enrollee, or any group policyholder or plan

sponsor be liable to or billed by the health insurance

issuer, the nonparticipating provider, or the

participating health care facility for any amount beyond

the cost sharing calculated in accordance with this

subsection with respect to the ancillary services

delivered. In addition to ancillary services, the

requirements of this paragraph shall also apply with

respect to covered items or services furnished as a result

of unforeseen, urgent medical needs that arise at the time

an item or service is furnished, regardless of whether the

nonparticipating provider satisfied the notice and consent

criteria under paragraph (2) of this subsection.

(2) When a beneficiary, insured, or enrollee utilizes

a participating health care facility and receives

non-emergency covered health care services other than

those described in paragraph (1) of this subsection from a

nonparticipating provider during or resulting from the

visit, the health insurance issuer shall ensure that the

beneficiary, insured, or enrollee incurs no greater

out-of-pocket costs than the beneficiary, insured, or

enrollee would have incurred with a participating provider

unless the nonparticipating provider, or the participating

health care facility on behalf of the nonparticipating

provider, satisfies the notice and consent criteria

provided in 42 U.S.C. 300gg-132 and regulations

promulgated thereunder. If the notice and consent criteria

are not satisfied, then:

(A) any cost-sharing requirements shall be applied

as though the health care services had been received

from a participating provider;

(B) cost sharing shall be calculated based on the

recognized amount for the health care services; and

(C) in no event shall the beneficiary, insured,

enrollee, or any group policyholder or plan sponsor be

liable to or billed by the health insurance issuer,

the nonparticipating provider, or the participating

health care facility for any amount beyond the cost

sharing calculated in accordance with this subsection

with respect to the health care services delivered.

(c) Notwithstanding any other provision of this Code,

except when the notice and consent criteria are satisfied for

the situation in paragraph (2) of subsection (b-5), any

benefits a beneficiary, insured, or enrollee receives for

services under the situations in subsection subsections (b) or

(b-5) are assigned to the nonparticipating providers or the

facility acting on their behalf. Upon receipt of the

provider's bill or facility's bill, the health insurance

issuer shall provide the nonparticipating provider or the

facility with a written explanation of benefits that specifies

the proposed reimbursement and the applicable deductible,

copayment, or coinsurance amounts owed by the insured,

beneficiary, or enrollee. The health insurance issuer shall

pay any reimbursement subject to this Section directly to the

nonparticipating provider or the facility.

(d) For bills assigned under subsection (c), the

nonparticipating provider or the facility may bill the health

insurance issuer for the services rendered, and the health

insurance issuer may pay the billed amount or attempt to

negotiate reimbursement with the nonparticipating provider or

the facility. Within 30 calendar days after the provider or

facility transmits the bill to the health insurance issuer,

the issuer shall send an initial payment or notice of denial of

payment with the written explanation of benefits to the

provider or facility. If attempts to negotiate reimbursement

for services provided by a nonparticipating provider do not

result in a resolution of the payment dispute within 30 days

after receipt of written explanation of benefits by the health

insurance issuer, then the health insurance issuer or

nonparticipating provider or the facility may initiate binding

arbitration to determine payment for services provided on a

per-bill per bill basis. The party requesting arbitration

shall notify the other party arbitration has been initiated

and state its final offer before arbitration. In response to

this notice, the nonrequesting party shall inform the

requesting party of its final offer before the arbitration

occurs. Arbitration shall be initiated by filing a request

with the Department of Insurance.

(e) The Department of Insurance shall publish a list of

approved arbitrators or entities that shall provide binding

arbitration. These arbitrators shall be American Arbitration

Association or American Health Lawyers Association trained

arbitrators. Both parties must agree on an arbitrator from the

Department of Insurance's or its approved entity's list of

arbitrators. If no agreement can be reached, then a list of 5

arbitrators shall be provided by the Department of Insurance

or the approved entity. From the list of 5 arbitrators, the

health insurance issuer can veto 2 arbitrators and the

provider or facility can veto 2 arbitrators. The remaining

arbitrator shall be the chosen arbitrator. This arbitration

shall consist of a review of the written submissions by both

parties. The arbitrator shall not establish a rebuttable

presumption that the qualifying payment amount should be the

total amount owed to the provider or facility by the

combination of the issuer and the insured, beneficiary, or

enrollee. Binding arbitration shall provide for a written

decision within 45 days after the request is filed with the

Department of Insurance. Both parties shall be bound by the

arbitrator's decision. The arbitrator's expenses and fees,

together with other expenses, not including attorney's fees,

incurred in the conduct of the arbitration, shall be paid as

provided in the decision.

(f) (Blank).

(g) Section 368a of this Act shall not apply during the

pendency of a decision under subsection (d). Upon the issuance

of the arbitrator's decision, Section 368a applies with

respect to the amount, if any, by which the arbitrator's

determination exceeds the issuer's initial payment under

subsection (c), or the entire amount of the arbitrator's

determination if initial payment was denied. Any interest

required to be paid to a provider under Section 368a shall not

accrue until after 30 days of an arbitrator's decision as

provided in subsection (d), but in no circumstances longer

than 150 days from the date the nonparticipating

facility-based provider billed for services rendered.

(h) Nothing in this Section shall be interpreted to change

the prudent layperson provisions with respect to emergency

services under the Managed Care Reform and Patient Rights Act.

(i) Nothing in this Section shall preclude a health care

provider from billing a beneficiary, insured, or enrollee for

reasonable administrative fees, such as service fees for

checks returned for nonsufficient funds and missed

appointments.

(j) Nothing in this Section shall preclude a beneficiary,

insured, or enrollee from assigning benefits to a

nonparticipating provider when the notice and consent criteria

are satisfied under paragraph (2) of subsection (b-5) or in

any other situation not described in subsection subsections

(b) or (b-5).

(k) Except when the notice and consent criteria are

satisfied under paragraph (2) of subsection (b-5), if an

individual receives health care services under the situations

described in subsection subsections (b) or (b-5), no referral

requirement or any other provision contained in the policy or

certificate of coverage shall deny coverage, reduce benefits,

or otherwise defeat the requirements of this Section for

services that would have been covered with a participating

provider. However, this subsection shall not be construed to

preclude a provider contract with a health insurance issuer,

or with an administrator or similar entity acting on the

issuer's behalf, from imposing requirements on the

participating provider, participating emergency facility, or

participating health care facility relating to the referral of

covered individuals to nonparticipating providers.

(l) Except if the notice and consent criteria are

satisfied under paragraph (2) of subsection (b-5),

cost-sharing amounts calculated in conformity with this

Section shall count toward any deductible or out-of-pocket

maximum applicable to in-network coverage.

(m) The Department has the authority to enforce the

requirements of this Section in the situations described in

subsections (b) and (b-5), and in any other situation for

which 42 U.S.C. Chapter 6A, Subchapter XXV, Parts D or E and

regulations promulgated thereunder would prohibit an

individual from being billed or liable for emergency services

furnished by a nonparticipating provider or nonparticipating

emergency facility or for non-emergency health care services

furnished by a nonparticipating provider at a participating

health care facility.

(n) This Section does not apply with respect to air

ambulance or ground ambulance services. This Section does not

apply to any policy of excepted benefits or to short-term,

limited-duration health insurance coverage.

(Source: P.A. 102-901, eff. 7-1-22; revised 8-19-22.)

Article 5.

Section 5-5. The Counties Code is amended by changing

Section 5-1069.3 as follows:

(55 ILCS 5/5-1069.3)

Sec. 5-1069.3. Required health benefits. If a county,

including a home rule county, is a self-insurer for purposes

of providing health insurance coverage for its employees, the

coverage shall include coverage for the post-mastectomy care

benefits required to be covered by a policy of accident and

health insurance under Section 356t and the coverage required

under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,

356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,

356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,

356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,

356z.41, 356z.45, 356z.46, 356z.47, 356z.48, and 356z.51, and

356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of

the Illinois Insurance Code. The coverage shall comply with

Sections 155.22a, 355b, 356z.19, and 370c of the Illinois

Insurance Code. The Department of Insurance shall enforce the

requirements of this Section. The requirement that health

benefits be covered as provided in this Section is an

exclusive power and function of the State and is a denial and

limitation under Article VII, Section 6, subsection (h) of the

Illinois Constitution. A home rule county to which this

Section applies must comply with every provision of this

Section.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;

101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.

1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,

eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;

102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.

1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,

eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;

revised 12-13-22.)

Section 5-10. The Illinois Municipal Code is amended by

changing Section 10-4-2.3 as follows:

(65 ILCS 5/10-4-2.3)

Sec. 10-4-2.3. Required health benefits. If a

municipality, including a home rule municipality, is a

self-insurer for purposes of providing health insurance

coverage for its employees, the coverage shall include

coverage for the post-mastectomy care benefits required to be

covered by a policy of accident and health insurance under

Section 356t and the coverage required under Sections 356g,

356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a,

356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,

356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,

356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,

356z.45, 356z.46, 356z.47, 356z.48, and 356z.51, and 356z.53,

356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of the

Illinois Insurance Code. The coverage shall comply with

Sections 155.22a, 355b, 356z.19, and 370c of the Illinois

Insurance Code. The Department of Insurance shall enforce the

requirements of this Section. The requirement that health

benefits be covered as provided in this is an exclusive power

and function of the State and is a denial and limitation under

Article VII, Section 6, subsection (h) of the Illinois

Constitution. A home rule municipality to which this Section

applies must comply with every provision of this Section.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;

101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.

1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,

eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;

102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.

1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,

eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;

revised 12-13-22.)

Section 5-15. The School Code is amended by changing

Section 10-22.3f as follows:

(105 ILCS 5/10-22.3f)

Sec. 10-22.3f. Required health benefits. Insurance

protection and benefits for employees shall provide the

post-mastectomy care benefits required to be covered by a

policy of accident and health insurance under Section 356t and

the coverage required under Sections 356g, 356g.5, 356g.5-1,

356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8,

356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,

356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,

356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and

356z.51, and 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and

356z.60 of the Illinois Insurance Code. Insurance policies

shall comply with Section 356z.19 of the Illinois Insurance

Code. The coverage shall comply with Sections 155.22a, 355b,

and 370c of the Illinois Insurance Code. The Department of

Insurance shall enforce the requirements of this Section.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;

101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.

1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,

eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22;

102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff.

1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860,

eff. 1-1-23; 102-1093, eff. 1-1-23; revised 12-13-22.)

Section 5-17. The Network Adequacy and Transparency Act is

amended by changing Section 10 as follows:

(215 ILCS 124/10)

Sec. 10. Network adequacy.

(a) An insurer providing a network plan shall file a

description of all of the following with the Director:

(1) The written policies and procedures for adding

providers to meet patient needs based on increases in the

number of beneficiaries, changes in the

patient-to-provider ratio, changes in medical and health

care capabilities, and increased demand for services.

(2) The written policies and procedures for making

referrals within and outside the network.

(3) The written policies and procedures on how the

network plan will provide 24-hour, 7-day per week access

to network-affiliated primary care, emergency services,

and women's woman's principal health care providers.

An insurer shall not prohibit a preferred provider from

discussing any specific or all treatment options with

beneficiaries irrespective of the insurer's position on those

treatment options or from advocating on behalf of

beneficiaries within the utilization review, grievance, or

appeals processes established by the insurer in accordance

with any rights or remedies available under applicable State

or federal law.

(b) Insurers must file for review a description of the

services to be offered through a network plan. The description

shall include all of the following:

(1) A geographic map of the area proposed to be served

by the plan by county service area and zip code, including

marked locations for preferred providers.

(2) As deemed necessary by the Department, the names,

addresses, phone numbers, and specialties of the providers

who have entered into preferred provider agreements under

the network plan.

(3) The number of beneficiaries anticipated to be

covered by the network plan.

(4) An Internet website and toll-free telephone number

for beneficiaries and prospective beneficiaries to access

current and accurate lists of preferred providers,

additional information about the plan, as well as any

other information required by Department rule.

(5) A description of how health care services to be

rendered under the network plan are reasonably accessible

and available to beneficiaries. The description shall

address all of the following:

(A) the type of health care services to be

provided by the network plan;

(B) the ratio of physicians and other providers to

beneficiaries, by specialty and including primary care

physicians and facility-based physicians when

applicable under the contract, necessary to meet the

health care needs and service demands of the currently

enrolled population;

(C) the travel and distance standards for plan

beneficiaries in county service areas; and

(D) a description of how the use of telemedicine,

telehealth, or mobile care services may be used to

partially meet the network adequacy standards, if

applicable.

(6) A provision ensuring that whenever a beneficiary

has made a good faith effort, as evidenced by accessing

the provider directory, calling the network plan, and

calling the provider, to utilize preferred providers for a

covered service and it is determined the insurer does not

have the appropriate preferred providers due to

insufficient number, type, or unreasonable travel distance

or delay, or preferred providers refusing to provide a

covered service because it is contrary to the conscience

of the preferred providers, as protected by the Health

Care Right of Conscience Act, the insurer shall ensure,

directly or indirectly, by terms contained in the payer

contract, that the beneficiary will be provided the

covered service at no greater cost to the beneficiary than

if the service had been provided by a preferred provider.

This paragraph (6) does not apply to: (A) a beneficiary

who willfully chooses to access a non-preferred provider

for health care services available through the panel of

preferred providers, or (B) a beneficiary enrolled in a

health maintenance organization. In these circumstances,

the contractual requirements for non-preferred provider

reimbursements shall apply unless Section 356z.3a of the

Illinois Insurance Code requires otherwise. In no event

shall a beneficiary who receives care at a participating

health care facility be required to search for

participating providers under the circumstances described

in subsection subsections (b) or (b-5) of Section 356z.3a

of the Illinois Insurance Code except under the

circumstances described in paragraph (2) of subsection

(b-5).

(7) A provision that the beneficiary shall receive

emergency care coverage such that payment for this

coverage is not dependent upon whether the emergency

services are performed by a preferred or non-preferred

provider and the coverage shall be at the same benefit

level as if the service or treatment had been rendered by a

preferred provider. For purposes of this paragraph (7),

"the same benefit level" means that the beneficiary is

provided the covered service at no greater cost to the

beneficiary than if the service had been provided by a

preferred provider. This provision shall be consistent

with Section 356z.3a of the Illinois Insurance Code.

(8) A limitation that, if the plan provides that the

beneficiary will incur a penalty for failing to

pre-certify inpatient hospital treatment, the penalty may

not exceed $1,000 per occurrence in addition to the plan

cost sharing provisions.

(c) The network plan shall demonstrate to the Director a

minimum ratio of providers to plan beneficiaries as required

by the Department.

(1) The ratio of physicians or other providers to plan

beneficiaries shall be established annually by the

Department in consultation with the Department of Public

Health based upon the guidance from the federal Centers

for Medicare and Medicaid Services. The Department shall

not establish ratios for vision or dental providers who

provide services under dental-specific or vision-specific

benefits. The Department shall consider establishing

ratios for the following physicians or other providers:

(A) Primary Care;

(B) Pediatrics;

(C) Cardiology;

(D) Gastroenterology;

(E) General Surgery;

(F) Neurology;

(G) OB/GYN;

(H) Oncology/Radiation;

(I) Ophthalmology;

(J) Urology;

(K) Behavioral Health;

(L) Allergy/Immunology;

(M) Chiropractic;

(N) Dermatology;

(O) Endocrinology;

(P) Ears, Nose, and Throat (ENT)/Otolaryngology;

(Q) Infectious Disease;

(R) Nephrology;

(S) Neurosurgery;

(T) Orthopedic Surgery;

(U) Physiatry/Rehabilitative;

(V) Plastic Surgery;

(W) Pulmonary;

(X) Rheumatology;

(Y) Anesthesiology;

(Z) Pain Medicine;

(AA) Pediatric Specialty Services;

(BB) Outpatient Dialysis; and

(CC) HIV.

(2) The Director shall establish a process for the

review of the adequacy of these standards, along with an

assessment of additional specialties to be included in the

list under this subsection (c).

(d) The network plan shall demonstrate to the Director

maximum travel and distance standards for plan beneficiaries,

which shall be established annually by the Department in

consultation with the Department of Public Health based upon

the guidance from the federal Centers for Medicare and

Medicaid Services. These standards shall consist of the

maximum minutes or miles to be traveled by a plan beneficiary

for each county type, such as large counties, metro counties,

or rural counties as defined by Department rule.

The maximum travel time and distance standards must

include standards for each physician and other provider

category listed for which ratios have been established.

The Director shall establish a process for the review of

the adequacy of these standards along with an assessment of

additional specialties to be included in the list under this

subsection (d).

(d-5)(1) Every insurer shall ensure that beneficiaries

have timely and proximate access to treatment for mental,

emotional, nervous, or substance use disorders or conditions

in accordance with the provisions of paragraph (4) of

subsection (a) of Section 370c of the Illinois Insurance Code.

Insurers shall use a comparable process, strategy, evidentiary

standard, and other factors in the development and application

of the network adequacy standards for timely and proximate

access to treatment for mental, emotional, nervous, or

substance use disorders or conditions and those for the access

to treatment for medical and surgical conditions. As such, the

network adequacy standards for timely and proximate access

shall equally be applied to treatment facilities and providers

for mental, emotional, nervous, or substance use disorders or

conditions and specialists providing medical or surgical

benefits pursuant to the parity requirements of Section 370c.1

of the Illinois Insurance Code and the federal Paul Wellstone

and Pete Domenici Mental Health Parity and Addiction Equity

Act of 2008. Notwithstanding the foregoing, the network

adequacy standards for timely and proximate access to

treatment for mental, emotional, nervous, or substance use

disorders or conditions shall, at a minimum, satisfy the

following requirements:

(A) For beneficiaries residing in the metropolitan

counties of Cook, DuPage, Kane, Lake, McHenry, and Will,

network adequacy standards for timely and proximate access

to treatment for mental, emotional, nervous, or substance

use disorders or conditions means a beneficiary shall not

have to travel longer than 30 minutes or 30 miles from the

beneficiary's residence to receive outpatient treatment

for mental, emotional, nervous, or substance use disorders

or conditions. Beneficiaries shall not be required to wait

longer than 10 business days between requesting an initial

appointment and being seen by the facility or provider of

mental, emotional, nervous, or substance use disorders or

conditions for outpatient treatment or to wait longer than

20 business days between requesting a repeat or follow-up

appointment and being seen by the facility or provider of

mental, emotional, nervous, or substance use disorders or

conditions for outpatient treatment; however, subject to

the protections of paragraph (3) of this subsection, a

network plan shall not be held responsible if the

beneficiary or provider voluntarily chooses to schedule an

appointment outside of these required time frames.

(B) For beneficiaries residing in Illinois counties

other than those counties listed in subparagraph (A) of

this paragraph, network adequacy standards for timely and

proximate access to treatment for mental, emotional,

nervous, or substance use disorders or conditions means a

beneficiary shall not have to travel longer than 60

minutes or 60 miles from the beneficiary's residence to

receive outpatient treatment for mental, emotional,

nervous, or substance use disorders or conditions.

Beneficiaries shall not be required to wait longer than 10

business days between requesting an initial appointment

and being seen by the facility or provider of mental,

emotional, nervous, or substance use disorders or

conditions for outpatient treatment or to wait longer than

20 business days between requesting a repeat or follow-up

appointment and being seen by the facility or provider of

mental, emotional, nervous, or substance use disorders or

conditions for outpatient treatment; however, subject to

the protections of paragraph (3) of this subsection, a

network plan shall not be held responsible if the

beneficiary or provider voluntarily chooses to schedule an

appointment outside of these required time frames.

(2) For beneficiaries residing in all Illinois counties,

network adequacy standards for timely and proximate access to

treatment for mental, emotional, nervous, or substance use

disorders or conditions means a beneficiary shall not have to

travel longer than 60 minutes or 60 miles from the

beneficiary's residence to receive inpatient or residential

treatment for mental, emotional, nervous, or substance use

disorders or conditions.

(3) If there is no in-network facility or provider

available for a beneficiary to receive timely and proximate

access to treatment for mental, emotional, nervous, or

substance use disorders or conditions in accordance with the

network adequacy standards outlined in this subsection, the

insurer shall provide necessary exceptions to its network to

ensure admission and treatment with a provider or at a

treatment facility in accordance with the network adequacy

standards in this subsection.

(e) Except for network plans solely offered as a group

health plan, these ratio and time and distance standards apply

to the lowest cost-sharing tier of any tiered network.

(f) The network plan may consider use of other health care

service delivery options, such as telemedicine or telehealth,

mobile clinics, and centers of excellence, or other ways of

delivering care to partially meet the requirements set under

this Section.

(g) Except for the requirements set forth in subsection

(d-5), insurers who are not able to comply with the provider

ratios and time and distance standards established by the

Department may request an exception to these requirements from

the Department. The Department may grant an exception in the

following circumstances:

(1) if no providers or facilities meet the specific

time and distance standard in a specific service area and

the insurer (i) discloses information on the distance and

travel time points that beneficiaries would have to travel

beyond the required criterion to reach the next closest

contracted provider outside of the service area and (ii)

provides contact information, including names, addresses,

and phone numbers for the next closest contracted provider

or facility;

(2) if patterns of care in the service area do not

support the need for the requested number of provider or

facility type and the insurer provides data on local

patterns of care, such as claims data, referral patterns,

or local provider interviews, indicating where the

beneficiaries currently seek this type of care or where

the physicians currently refer beneficiaries, or both; or

(3) other circumstances deemed appropriate by the

Department consistent with the requirements of this Act.

(h) Insurers are required to report to the Director any

material change to an approved network plan within 15 days

after the change occurs and any change that would result in

failure to meet the requirements of this Act. Upon notice from

the insurer, the Director shall reevaluate the network plan's

compliance with the network adequacy and transparency

standards of this Act.

(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;

revised 9-2-22.)

Section 5-20. The Limited Health Service Organization Act

is amended by changing Section 4003 as follows:

(215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)

Sec. 4003. Illinois Insurance Code provisions. Limited

health service organizations shall be subject to the

provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,

141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,

154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3,

355b, 356q, 356v, 356z.4, 356z.4a, 356z.10, 356z.21, 356z.22,

356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,

356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.57,

356z.59, 364.3, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2,

409, 412, 444, and 444.1 and Articles IIA, VIII 1/2, XII, XII

1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance

Code. Nothing in this Section shall require a limited health

care plan to cover any service that is not a limited health

service. For purposes of the Illinois Insurance Code, except

for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

limited health service organizations in the following

categories are deemed to be domestic companies:

(1) a corporation under the laws of this State; or

(2) a corporation organized under the laws of another

state, 30% or more of the enrollees of which are residents

of this State, except a corporation subject to

substantially the same requirements in its state of

organization as is a domestic company under Article VIII

1/2 of the Illinois Insurance Code.

(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;

101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff.

1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642,

eff. 1-1-22; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff.

1-1-23; 102-1093, eff. 1-1-23; revised 12-13-22.)

Article 6.

Section 6-5. The Criminal Identification Act is amended by

changing Section 3.2 as follows:

(20 ILCS 2630/3.2)  (from Ch. 38, par. 206-3.2)

Sec. 3.2.

(a) It is the duty of any person conducting or operating a

medical facility, or any physician or nurse as soon as

treatment permits to notify the local law enforcement agency

of that jurisdiction upon the application for treatment of a

person who is not accompanied by a law enforcement officer,

when it reasonably appears that the person requesting

treatment has received:

(1) any injury resulting from the discharge of a

firearm; or

(2) any injury sustained in the commission of or as a

victim of a criminal offense.

Any hospital, physician or nurse shall be forever held

harmless from any civil liability for their reasonable

compliance with the provisions of this Section.

(b) Notwithstanding subsection (a), nothing in this

Section shall be construed to require the reporting of lawful

health care activity, whether such activity may constitute a

violation of another state's law.

(c) As used in this Section:

"Lawful health care" means:

(1) reproductive health care that is not unlawful

under the laws of this State, including on any theory of

vicarious, joint, several, or conspiracy liability; or

(2) the treatment of gender dysphoria or the

affirmation of an individual's gender identity or gender

expression, including but not limited to, all supplies,

care, and services of a medical, behavioral health, mental

health, surgical, psychiatric, therapeutic, diagnostic,

preventative, rehabilitative, or supportive nature that is

not unlawful under the laws of this State, including on

any theory of vicarious, joint, several, or conspiracy

liability.

"Lawful health care activity" means seeking, providing,

receiving, assisting in seeking, providing, or receiving,

providing material support for, or traveling to obtain lawful

health care.

(Source: P.A. 86-1475.)

Article 7.

Section 7-5. The Medical Practice Act of 1987 is amended

by changing Sections 22 as follows:

(225 ILCS 60/22)  (from Ch. 111, par. 4400-22)

(Section scheduled to be repealed on January 1, 2027)

Sec. 22. Disciplinary action.

(A) The Department may revoke, suspend, place on

probation, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action as the

Department may deem proper with regard to the license or

permit of any person issued under this Act, including imposing

fines not to exceed $10,000 for each violation, upon any of the

following grounds:

(1) (Blank).

(2) (Blank).

(3) A plea of guilty or nolo contendere, finding of

guilt, jury verdict, or entry of judgment or sentencing,

including, but not limited to, convictions, preceding

sentences of supervision, conditional discharge, or first

offender probation, under the laws of any jurisdiction of

the United States of any crime that is a felony.

(4) Gross negligence in practice under this Act.

(5) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(6) Obtaining any fee by fraud, deceit, or

misrepresentation.

(7) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, of alcohol, or of

any other substances which results in the inability to

practice with reasonable judgment, skill, or safety.

(8) Practicing under a false or, except as provided by

law, an assumed name.

(9) Fraud or misrepresentation in applying for, or

procuring, a license under this Act or in connection with

applying for renewal of a license under this Act.

(10) Making a false or misleading statement regarding

their skill or the efficacy or value of the medicine,

treatment, or remedy prescribed by them at their direction

in the treatment of any disease or other condition of the

body or mind.

(11) Allowing another person or organization to use

their license, procured under this Act, to practice.

(12) Adverse action taken by another state or

jurisdiction against a license or other authorization to

practice as a medical doctor, doctor of osteopathy, doctor

of osteopathic medicine, or doctor of chiropractic, a

certified copy of the record of the action taken by the

other state or jurisdiction being prima facie evidence

thereof. This includes any adverse action taken by a State

or federal agency that prohibits a medical doctor, doctor

of osteopathy, doctor of osteopathic medicine, or doctor

of chiropractic from providing services to the agency's

participants.

(13) Violation of any provision of this Act or of the

Medical Practice Act prior to the repeal of that Act, or

violation of the rules, or a final administrative action

of the Secretary, after consideration of the

recommendation of the Medical Board.

(14) Violation of the prohibition against fee

splitting in Section 22.2 of this Act.

(15) A finding by the Medical Board that the

registrant after having his or her license placed on

probationary status or subjected to conditions or

restrictions violated the terms of the probation or failed

to comply with such terms or conditions.

(16) Abandonment of a patient.

(17) Prescribing, selling, administering,

distributing, giving, or self-administering any drug

classified as a controlled substance (designated product)

or narcotic for other than medically accepted therapeutic

purposes.

(18) Promotion of the sale of drugs, devices,

appliances, or goods provided for a patient in such manner

as to exploit the patient for financial gain of the

physician.

(19) Offering, undertaking, or agreeing to cure or

treat disease by a secret method, procedure, treatment, or

medicine, or the treating, operating, or prescribing for

any human condition by a method, means, or procedure which

the licensee refuses to divulge upon demand of the

Department.

(20) Immoral conduct in the commission of any act

including, but not limited to, commission of an act of

sexual misconduct related to the licensee's practice.

(21) Willfully making or filing false records or

reports in his or her practice as a physician, including,

but not limited to, false records to support claims

against the medical assistance program of the Department

of Healthcare and Family Services (formerly Department of

Public Aid) under the Illinois Public Aid Code.

(22) Willful omission to file or record, or willfully

impeding the filing or recording, or inducing another

person to omit to file or record, medical reports as

required by law, or willfully failing to report an

instance of suspected abuse or neglect as required by law.

(23) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act, and

upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(24) Solicitation of professional patronage by any

corporation, agents, or persons, or profiting from those

representing themselves to be agents of the licensee.

(25) Gross and willful and continued overcharging for

professional services, including filing false statements

for collection of fees for which services are not

rendered, including, but not limited to, filing such false

statements for collection of monies for services not

rendered from the medical assistance program of the

Department of Healthcare and Family Services (formerly

Department of Public Aid) under the Illinois Public Aid

Code.

(26) A pattern of practice or other behavior which

demonstrates incapacity or incompetence to practice under

this Act.

(27) Mental illness or disability which results in the

inability to practice under this Act with reasonable

judgment, skill, or safety.

(28) Physical illness, including, but not limited to,

deterioration through the aging process, or loss of motor

skill which results in a physician's inability to practice

under this Act with reasonable judgment, skill, or safety.

(29) Cheating on or attempting to subvert the

licensing examinations administered under this Act.

(30) Willfully or negligently violating the

confidentiality between physician and patient except as

required by law.

(31) The use of any false, fraudulent, or deceptive

statement in any document connected with practice under

this Act.

(32) Aiding and abetting an individual not licensed

under this Act in the practice of a profession licensed

under this Act.

(33) Violating State state or federal laws or

regulations relating to controlled substances, legend

drugs, or ephedra as defined in the Ephedra Prohibition

Act.

(34) Failure to report to the Department any adverse

final action taken against them by another licensing

jurisdiction (any other state or any territory of the

United States or any foreign state or country), by any

peer review body, by any health care institution, by any

professional society or association related to practice

under this Act, by any governmental agency, by any law

enforcement agency, or by any court for acts or conduct

similar to acts or conduct which would constitute grounds

for action as defined in this Section.

(35) Failure to report to the Department surrender of

a license or authorization to practice as a medical

doctor, a doctor of osteopathy, a doctor of osteopathic

medicine, or doctor of chiropractic in another state or

jurisdiction, or surrender of membership on any medical

staff or in any medical or professional association or

society, while under disciplinary investigation by any of

those authorities or bodies, for acts or conduct similar

to acts or conduct which would constitute grounds for

action as defined in this Section.

(36) Failure to report to the Department any adverse

judgment, settlement, or award arising from a liability

claim related to acts or conduct similar to acts or

conduct which would constitute grounds for action as

defined in this Section.

(37) Failure to provide copies of medical records as

required by law.

(38) Failure to furnish the Department, its

investigators or representatives, relevant information,

legally requested by the Department after consultation

with the Chief Medical Coordinator or the Deputy Medical

Coordinator.

(39) Violating the Health Care Worker Self-Referral

Act.

(40) (Blank). Willful failure to provide notice when

notice is required under the Parental Notice of Abortion

Act of 1995.

(41) Failure to establish and maintain records of

patient care and treatment as required by this law.

(42) Entering into an excessive number of written

collaborative agreements with licensed advanced practice

registered nurses resulting in an inability to adequately

collaborate.

(43) Repeated failure to adequately collaborate with a

licensed advanced practice registered nurse.

(44) Violating the Compassionate Use of Medical

Cannabis Program Act.

(45) Entering into an excessive number of written

collaborative agreements with licensed prescribing

psychologists resulting in an inability to adequately

collaborate.

(46) Repeated failure to adequately collaborate with a

licensed prescribing psychologist.

(47) Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act.

(48) Being named as an abuser in a verified report by

the Department on Aging under the Adult Protective

Services Act, and upon proof by clear and convincing

evidence that the licensee abused, neglected, or

financially exploited an eligible adult as defined in the

Adult Protective Services Act.

(49) Entering into an excessive number of written

collaborative agreements with licensed physician

assistants resulting in an inability to adequately

collaborate.

(50) Repeated failure to adequately collaborate with a

physician assistant.

Except for actions involving the ground numbered (26), all

proceedings to suspend, revoke, place on probationary status,

or take any other disciplinary action as the Department may

deem proper, with regard to a license on any of the foregoing

grounds, must be commenced within 5 years next after receipt

by the Department of a complaint alleging the commission of or

notice of the conviction order for any of the acts described

herein. Except for the grounds numbered (8), (9), (26), and

(29), no action shall be commenced more than 10 years after the

date of the incident or act alleged to have violated this

Section. For actions involving the ground numbered (26), a

pattern of practice or other behavior includes all incidents

alleged to be part of the pattern of practice or other behavior

that occurred, or a report pursuant to Section 23 of this Act

received, within the 10-year period preceding the filing of

the complaint. In the event of the settlement of any claim or

cause of action in favor of the claimant or the reduction to

final judgment of any civil action in favor of the plaintiff,

such claim, cause of action, or civil action being grounded on

the allegation that a person licensed under this Act was

negligent in providing care, the Department shall have an

additional period of 2 years from the date of notification to

the Department under Section 23 of this Act of such settlement

or final judgment in which to investigate and commence formal

disciplinary proceedings under Section 36 of this Act, except

as otherwise provided by law. The time during which the holder

of the license was outside the State of Illinois shall not be

included within any period of time limiting the commencement

of disciplinary action by the Department.

The entry of an order or judgment by any circuit court

establishing that any person holding a license under this Act

is a person in need of mental treatment operates as a

suspension of that license. That person may resume his or her

practice only upon the entry of a Departmental order based

upon a finding by the Medical Board that the person has been

determined to be recovered from mental illness by the court

and upon the Medical Board's recommendation that the person be

permitted to resume his or her practice.

The Department may refuse to issue or take disciplinary

action concerning the license of any person who fails to file a

return, or to pay the tax, penalty, or interest shown in a

filed return, or to pay any final assessment of tax, penalty,

or interest, as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied as determined

by the Illinois Department of Revenue.

The Department, upon the recommendation of the Medical

Board, shall adopt rules which set forth standards to be used

in determining:

(a) when a person will be deemed sufficiently

rehabilitated to warrant the public trust;

(b) what constitutes dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(c) what constitutes immoral conduct in the commission

of any act, including, but not limited to, commission of

an act of sexual misconduct related to the licensee's

practice; and

(d) what constitutes gross negligence in the practice

of medicine.

However, no such rule shall be admissible into evidence in

any civil action except for review of a licensing or other

disciplinary action under this Act.

In enforcing this Section, the Medical Board, upon a

showing of a possible violation, may compel any individual who

is licensed to practice under this Act or holds a permit to

practice under this Act, or any individual who has applied for

licensure or a permit pursuant to this Act, to submit to a

mental or physical examination and evaluation, or both, which

may include a substance abuse or sexual offender evaluation,

as required by the Medical Board and at the expense of the

Department. The Medical Board shall specifically designate the

examining physician licensed to practice medicine in all of

its branches or, if applicable, the multidisciplinary team

involved in providing the mental or physical examination and

evaluation, or both. The multidisciplinary team shall be led

by a physician licensed to practice medicine in all of its

branches and may consist of one or more or a combination of

physicians licensed to practice medicine in all of its

branches, licensed chiropractic physicians, licensed clinical

psychologists, licensed clinical social workers, licensed

clinical professional counselors, and other professional and

administrative staff. Any examining physician or member of the

multidisciplinary team may require any person ordered to

submit to an examination and evaluation pursuant to this

Section to submit to any additional supplemental testing

deemed necessary to complete any examination or evaluation

process, including, but not limited to, blood testing,

urinalysis, psychological testing, or neuropsychological

testing. The Medical Board or the Department may order the

examining physician or any member of the multidisciplinary

team to provide to the Department or the Medical Board any and

all records, including business records, that relate to the

examination and evaluation, including any supplemental testing

performed. The Medical Board or the Department may order the

examining physician or any member of the multidisciplinary

team to present testimony concerning this examination and

evaluation of the licensee, permit holder, or applicant,

including testimony concerning any supplemental testing or

documents relating to the examination and evaluation. No

information, report, record, or other documents in any way

related to the examination and evaluation shall be excluded by

reason of any common law or statutory privilege relating to

communication between the licensee, permit holder, or

applicant and the examining physician or any member of the

multidisciplinary team. No authorization is necessary from the

licensee, permit holder, or applicant ordered to undergo an

evaluation and examination for the examining physician or any

member of the multidisciplinary team to provide information,

reports, records, or other documents or to provide any

testimony regarding the examination and evaluation. The

individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all

aspects of the examination. Failure of any individual to

submit to mental or physical examination and evaluation, or

both, when directed, shall result in an automatic suspension,

without hearing, until such time as the individual submits to

the examination. If the Medical Board finds a physician unable

to practice following an examination and evaluation because of

the reasons set forth in this Section, the Medical Board shall

require such physician to submit to care, counseling, or

treatment by physicians, or other health care professionals,

approved or designated by the Medical Board, as a condition

for issued, continued, reinstated, or renewed licensure to

practice. Any physician, whose license was granted pursuant to

Section Sections 9, 17, or 19 of this Act, or, continued,

reinstated, renewed, disciplined, or supervised, subject to

such terms, conditions, or restrictions who shall fail to

comply with such terms, conditions, or restrictions, or to

complete a required program of care, counseling, or treatment,

as determined by the Chief Medical Coordinator or Deputy

Medical Coordinators, shall be referred to the Secretary for a

determination as to whether the licensee shall have his or her

license suspended immediately, pending a hearing by the

Medical Board. In instances in which the Secretary immediately

suspends a license under this Section, a hearing upon such

person's license must be convened by the Medical Board within

15 days after such suspension and completed without

appreciable delay. The Medical Board shall have the authority

to review the subject physician's record of treatment and

counseling regarding the impairment, to the extent permitted

by applicable federal statutes and regulations safeguarding

the confidentiality of medical records.

An individual licensed under this Act, affected under this

Section, shall be afforded an opportunity to demonstrate to

the Medical Board that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

The Department may promulgate rules for the imposition of

fines in disciplinary cases, not to exceed $10,000 for each

violation of this Act. Fines may be imposed in conjunction

with other forms of disciplinary action, but shall not be the

exclusive disposition of any disciplinary action arising out

of conduct resulting in death or injury to a patient. Any funds

collected from such fines shall be deposited in the Illinois

State Medical Disciplinary Fund.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

(B) The Department shall revoke the license or permit

issued under this Act to practice medicine or a chiropractic

physician who has been convicted a second time of committing

any felony under the Illinois Controlled Substances Act or the

Methamphetamine Control and Community Protection Act, or who

has been convicted a second time of committing a Class 1 felony

under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A

person whose license or permit is revoked under this

subsection B shall be prohibited from practicing medicine or

treating human ailments without the use of drugs and without

operative surgery.

(C) The Department shall not revoke, suspend, place on

probation, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action against the

license or permit issued under this Act to practice medicine

to a physician:

(1) based solely upon the recommendation of the

physician to an eligible patient regarding, or

prescription for, or treatment with, an investigational

drug, biological product, or device; or

(2) for experimental treatment for Lyme disease or

other tick-borne diseases, including, but not limited to,

the prescription of or treatment with long-term

antibiotics; .

(3) based solely upon the physician providing,

authorizing, recommending, aiding, assisting, referring

for, or otherwise participating in any health care

service, so long as the care was not unlawful under the

laws of this State, regardless of whether the patient was

a resident of this State or another state; or

(4) based upon the physician's license being revoked

or suspended, or the physician being otherwise disciplined

by any other state, if that revocation, suspension, or

other form of discipline was based solely on the physician

violating another state's laws prohibiting the provision

of, authorization of, recommendation of, aiding or

assisting in, referring for, or participation in any

health care service if that health care service as

provided would not have been unlawful under the laws of

this State and is consistent with the standards of conduct

for the physician if it occurred in Illinois.

(D) (Blank). The Medical Board shall recommend to the

Department civil penalties and any other appropriate

discipline in disciplinary cases when the Medical Board finds

that a physician willfully performed an abortion with actual

knowledge that the person upon whom the abortion has been

performed is a minor or an incompetent person without notice

as required under the Parental Notice of Abortion Act of 1995.

Upon the Medical Board's recommendation, the Department shall

impose, for the first violation, a civil penalty of $1,000 and

for a second or subsequent violation, a civil penalty of

$5,000.

(E) The conduct specified in subsection (C) shall not

trigger reporting requirements under Section 23, constitute

grounds for suspension under Section 25, or be included on the

physician's profile required under Section 10 of the Patients'

Right to Know Act.

(F) An applicant seeking licensure, certification, or

authorization pursuant to this Act and who has been subject to

disciplinary action by a duly authorized professional

disciplinary agency of another jurisdiction solely on the

basis of having provided, authorized, recommended, aided,

assisted, referred for, or otherwise participated in health

care shall not be denied such licensure, certification, or

authorization, unless the Department determines that the

action would have constituted professional misconduct in this

State; however, nothing in this Section shall be construed as

prohibiting the Department from evaluating the conduct of the

applicant and making a determination regarding the licensure,

certification, or authorization to practice a profession under

this Act.

(G) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;

101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.

8-20-21; 102-813, eff. 5-13-22.)

Section 7-10. The Nurse Practice Act is amended by

changing Sections 65-65 and 70-5 as follows:

(225 ILCS 65/65-65)   (was 225 ILCS 65/15-55)

(Section scheduled to be repealed on January 1, 2028)

Sec. 65-65. Reports relating to APRN professional conduct

and capacity.

(a) Entities Required to Report.

(1) Health Care Institutions. The chief administrator

or executive officer of a health care institution licensed

by the Department of Public Health, which provides the

minimum due process set forth in Section 10.4 of the

Hospital Licensing Act, shall report to the Board when an

advanced practice registered nurse's organized

professional staff clinical privileges are terminated or

are restricted based on a final determination, in

accordance with that institution's bylaws or rules and

regulations, that (i) a person has either committed an act

or acts that may directly threaten patient care and that

are not of an administrative nature or (ii) that a person

may have a mental or physical disability that may endanger

patients under that person's care. The chief administrator

or officer shall also report if an advanced practice

registered nurse accepts voluntary termination or

restriction of clinical privileges in lieu of formal

action based upon conduct related directly to patient care

and not of an administrative nature, or in lieu of formal

action seeking to determine whether a person may have a

mental or physical disability that may endanger patients

under that person's care. The Department shall provide by

rule for the reporting to it of all instances in which a

person licensed under this Article, who is impaired by

reason of age, drug, or alcohol abuse or physical or

mental impairment, is under supervision and, where

appropriate, is in a program of rehabilitation. Reports

submitted under this subsection shall be strictly

confidential and may be reviewed and considered only by

the members of the Board or authorized staff as provided

by rule of the Department. Provisions shall be made for

the periodic report of the status of any such reported

person not less than twice annually in order that the

Board shall have current information upon which to

determine the status of that person. Initial and periodic

reports of impaired advanced practice registered nurses

shall not be considered records within the meaning of the

State Records Act and shall be disposed of, following a

determination by the Board that such reports are no longer

required, in a manner and at an appropriate time as the

Board shall determine by rule. The filing of reports

submitted under this subsection shall be construed as the

filing of a report for purposes of subsection (c) of this

Section. Such health care institution shall not take any

adverse action, including, but not limited to, restricting

or terminating any person's clinical privileges, as a

result of an adverse action against a person's license or

clinical privileges or other disciplinary action by

another state or health care institution that resulted

from the person's provision of, authorization of,

recommendation of, aiding or assistance with, referral

for, or participation in any health care service if the

adverse action was based solely on a violation of the

other state's law prohibiting the provision of such health

care and related services in the state or for a resident of

the state if that health care service would not have been

unlawful under the laws of this State and is consistent

with the standards of conduct for advanced practice

registered nurses practicing in Illinois.

(2) Professional Associations. The President or chief

executive officer of an association or society of persons

licensed under this Article, operating within this State,

shall report to the Board when the association or society

renders a final determination that a person licensed under

this Article has committed unprofessional conduct related

directly to patient care or that a person may have a mental

or physical disability that may endanger patients under

the person's care.

(3) Professional Liability Insurers. Every insurance

company that offers policies of professional liability

insurance to persons licensed under this Article, or any

other entity that seeks to indemnify the professional

liability of a person licensed under this Article, shall

report to the Board the settlement of any claim or cause of

action, or final judgment rendered in any cause of action,

that alleged negligence in the furnishing of patient care

by the licensee when the settlement or final judgment is

in favor of the plaintiff. Such insurance company shall

not take any adverse action, including, but not limited

to, denial or revocation of coverage, or rate increases,

against a person licensed under this Act with respect to

coverage for services provided in Illinois if based solely

on the person providing, authorizing, recommending,

aiding, assisting, referring for, or otherwise

participating in health care services this State in

violation of another state's law, or a revocation or other

adverse action against the person's license in another

state for violation of such law if that health care

service as provided would have been lawful and consistent

with the standards of conduct for registered nurses and

advanced practice registered nurses if it occurred in

Illinois. Notwithstanding this provision, it is against

public policy to require coverage for an illegal action.

(4) State's Attorneys. The State's Attorney of each

county shall report to the Board all instances in which a

person licensed under this Article is convicted or

otherwise found guilty of the commission of a felony.

(5) State Agencies. All agencies, boards, commissions,

departments, or other instrumentalities of the government

of this State shall report to the Board any instance

arising in connection with the operations of the agency,

including the administration of any law by the agency, in

which a person licensed under this Article has either

committed an act or acts that may constitute a violation

of this Article, that may constitute unprofessional

conduct related directly to patient care, or that

indicates that a person licensed under this Article may

have a mental or physical disability that may endanger

patients under that person's care.

(b) Mandatory Reporting. All reports required under items

(16) and (17) of subsection (a) of Section 70-5 shall be

submitted to the Board in a timely fashion. The reports shall

be filed in writing within 60 days after a determination that a

report is required under this Article. All reports shall

contain the following information:

(1) The name, address, and telephone number of the

person making the report.

(2) The name, address, and telephone number of the

person who is the subject of the report.

(3) The name or other means of identification of any

patient or patients whose treatment is a subject of the

report, except that no medical records may be revealed

without the written consent of the patient or patients.

(4) A brief description of the facts that gave rise to

the issuance of the report, including, but not limited to,

the dates of any occurrences deemed to necessitate the

filing of the report.

(5) If court action is involved, the identity of the

court in which the action is filed, the docket number, and

date of filing of the action.

(6) Any further pertinent information that the

reporting party deems to be an aid in the evaluation of the

report.

Nothing contained in this Section shall be construed to in

any way waive or modify the confidentiality of medical reports

and committee reports to the extent provided by law. Any

information reported or disclosed shall be kept for the

confidential use of the Board, the Board's attorneys, the

investigative staff, and authorized clerical staff and shall

be afforded the same status as is provided information

concerning medical studies in Part 21 of Article VIII of the

Code of Civil Procedure.

(c) Immunity from Prosecution. An individual or

organization acting in good faith, and not in a willful and

wanton manner, in complying with this Section by providing a

report or other information to the Board, by assisting in the

investigation or preparation of a report or information, by

participating in proceedings of the Board, or by serving as a

member of the Board shall not, as a result of such actions, be

subject to criminal prosecution or civil damages.

(d) Indemnification. Members of the Board, the Board's

attorneys, the investigative staff, advanced practice

registered nurses or physicians retained under contract to

assist and advise in the investigation, and authorized

clerical staff shall be indemnified by the State for any

actions (i) occurring within the scope of services on the

Board, (ii) performed in good faith, and (iii) not willful and

wanton in nature. The Attorney General shall defend all

actions taken against those persons unless he or she

determines either that there would be a conflict of interest

in the representation or that the actions complained of were

not performed in good faith or were willful and wanton in

nature. If the Attorney General declines representation, the

member shall have the right to employ counsel of his or her

choice, whose fees shall be provided by the State, after

approval by the Attorney General, unless there is a

determination by a court that the member's actions were not

performed in good faith or were willful and wanton in nature.

The member shall notify the Attorney General within 7 days of

receipt of notice of the initiation of an action involving

services of the Board. Failure to so notify the Attorney

General shall constitute an absolute waiver of the right to a

defense and indemnification. The Attorney General shall

determine within 7 days after receiving the notice whether he

or she will undertake to represent the member.

(e) Deliberations of Board. Upon the receipt of a report

called for by this Section, other than those reports of

impaired persons licensed under this Article required pursuant

to the rules of the Board, the Board shall notify in writing by

certified or registered mail or by email to the email address

of record the person who is the subject of the report. The

notification shall be made within 30 days of receipt by the

Board of the report. The notification shall include a written

notice setting forth the person's right to examine the report.

Included in the notification shall be the address at which the

file is maintained, the name of the custodian of the reports,

and the telephone number at which the custodian may be

reached. The person who is the subject of the report shall

submit a written statement responding to, clarifying, adding

to, or proposing to amend the report previously filed. The

statement shall become a permanent part of the file and shall

be received by the Board no more than 30 days after the date on

which the person was notified of the existence of the original

report. The Board shall review all reports received by it and

any supporting information and responding statements submitted

by persons who are the subject of reports. The review by the

Board shall be in a timely manner but in no event shall the

Board's initial review of the material contained in each

disciplinary file be less than 61 days nor more than 180 days

after the receipt of the initial report by the Board. When the

Board makes its initial review of the materials contained

within its disciplinary files, the Board shall, in writing,

make a determination as to whether there are sufficient facts

to warrant further investigation or action. Failure to make

that determination within the time provided shall be deemed to

be a determination that there are not sufficient facts to

warrant further investigation or action. Should the Board find

that there are not sufficient facts to warrant further

investigation or action, the report shall be accepted for

filing and the matter shall be deemed closed and so reported.

The individual or entity filing the original report or

complaint and the person who is the subject of the report or

complaint shall be notified in writing by the Board of any

final action on their report or complaint.

(f) (Blank).

(g) Any violation of this Section shall constitute a Class

A misdemeanor.

(h) If a person violates the provisions of this Section,

an action may be brought in the name of the People of the State

of Illinois, through the Attorney General of the State of

Illinois, for an order enjoining the violation or for an order

enforcing compliance with this Section. Upon filing of a

petition in court, the court may issue a temporary restraining

order without notice or bond and may preliminarily or

permanently enjoin the violation, and if it is established

that the person has violated or is violating the injunction,

the court may punish the offender for contempt of court.

Proceedings under this subsection shall be in addition to, and

not in lieu of, all other remedies and penalties provided for

by this Section.

(i) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)

(225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)

(Section scheduled to be repealed on January 1, 2028)

Sec. 70-5. Grounds for disciplinary action.

(a) The Department may refuse to issue or to renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including fines not to exceed $10,000 per

violation, with regard to a license for any one or combination

of the causes set forth in subsection (b) below. All fines

collected under this Section shall be deposited in the Nursing

Dedicated and Professional Fund.

(b) Grounds for disciplinary action include the following:

(1) Material deception in furnishing information to

the Department.

(2) Material violations of any provision of this Act

or violation of the rules of or final administrative

action of the Secretary, after consideration of the

recommendation of the Board.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i)

that is a felony; or (ii) that is a misdemeanor, an

essential element of which is dishonesty, or that is

directly related to the practice of the profession.

(4) A pattern of practice or other behavior which

demonstrates incapacity or incompetency to practice under

this Act.

(5) Knowingly aiding or assisting another person in

violating any provision of this Act or rules.

(6) Failing, within 90 days, to provide a response to

a request for information in response to a written request

made by the Department by certified or registered mail or

by email to the email address of record.

(7) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public, as defined by rule.

(8) Unlawful taking, theft, selling, distributing, or

manufacturing of any drug, narcotic, or prescription

device.

(9) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that could result in a licensee's inability to practice

with reasonable judgment, skill, or safety.

(10) Discipline by another U.S. jurisdiction or

foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to

those set forth in this Section.

(11) A finding that the licensee, after having her or

his license placed on probationary status or subject to

conditions or restrictions, has violated the terms of

probation or failed to comply with such terms or

conditions.

(12) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

and under the Abused and Neglected Child Reporting Act,

and upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(13) Willful omission to file or record, or willfully

impeding the filing or recording or inducing another

person to omit to file or record medical reports as

required by law.

(13.5) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(14) Gross negligence in the practice of practical,

professional, or advanced practice registered nursing.

(15) Holding oneself out to be practicing nursing

under any name other than one's own.

(16) Failure of a licensee to report to the Department

any adverse final action taken against him or her by

another licensing jurisdiction of the United States or any

foreign state or country, any peer review body, any health

care institution, any professional or nursing society or

association, any governmental agency, any law enforcement

agency, or any court or a nursing liability claim related

to acts or conduct similar to acts or conduct that would

constitute grounds for action as defined in this Section.

(17) Failure of a licensee to report to the Department

surrender by the licensee of a license or authorization to

practice nursing or advanced practice registered nursing

in another state or jurisdiction or current surrender by

the licensee of membership on any nursing staff or in any

nursing or advanced practice registered nursing or

professional association or society while under

disciplinary investigation by any of those authorities or

bodies for acts or conduct similar to acts or conduct that

would constitute grounds for action as defined by this

Section.

(18) Failing, within 60 days, to provide information

in response to a written request made by the Department.

(19) Failure to establish and maintain records of

patient care and treatment as required by law.

(20) Fraud, deceit, or misrepresentation in applying

for or procuring a license under this Act or in connection

with applying for renewal of a license under this Act.

(21) Allowing another person or organization to use

the licensee's license to deceive the public.

(22) Willfully making or filing false records or

reports in the licensee's practice, including, but not

limited to, false records to support claims against the

medical assistance program of the Department of Healthcare

and Family Services (formerly Department of Public Aid)

under the Illinois Public Aid Code.

(23) Attempting to subvert or cheat on a licensing

examination administered under this Act.

(24) Immoral conduct in the commission of an act,

including, but not limited to, sexual abuse, sexual

misconduct, or sexual exploitation, related to the

licensee's practice.

(25) Willfully or negligently violating the

confidentiality between nurse and patient except as

required by law.

(26) Practicing under a false or assumed name, except

as provided by law.

(27) The use of any false, fraudulent, or deceptive

statement in any document connected with the licensee's

practice.

(28) Directly or indirectly giving to or receiving

from a person, firm, corporation, partnership, or

association a fee, commission, rebate, or other form of

compensation for professional services not actually or

personally rendered. Nothing in this paragraph (28)

affects any bona fide independent contractor or employment

arrangements among health care professionals, health

facilities, health care providers, or other entities,

except as otherwise prohibited by law. Any employment

arrangements may include provisions for compensation,

health insurance, pension, or other employment benefits

for the provision of services within the scope of the

licensee's practice under this Act. Nothing in this

paragraph (28) shall be construed to require an employment

arrangement to receive professional fees for services

rendered.

(29) A violation of the Health Care Worker

Self-Referral Act.

(30) Physical illness, mental illness, or disability

that results in the inability to practice the profession

with reasonable judgment, skill, or safety.

(31) Exceeding the terms of a collaborative agreement

or the prescriptive authority delegated to a licensee by

his or her collaborating physician or podiatric physician

in guidelines established under a written collaborative

agreement.

(32) Making a false or misleading statement regarding

a licensee's skill or the efficacy or value of the

medicine, treatment, or remedy prescribed by him or her in

the course of treatment.

(33) Prescribing, selling, administering,

distributing, giving, or self-administering a drug

classified as a controlled substance (designated product)

or narcotic for other than medically accepted therapeutic

purposes.

(34) Promotion of the sale of drugs, devices,

appliances, or goods provided for a patient in a manner to

exploit the patient for financial gain.

(35) Violating State or federal laws, rules, or

regulations relating to controlled substances.

(36) Willfully or negligently violating the

confidentiality between an advanced practice registered

nurse, collaborating physician, dentist, or podiatric

physician and a patient, except as required by law.

(37) Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act.

(38) Being named as an abuser in a verified report by

the Department on Aging and under the Adult Protective

Services Act, and upon proof by clear and convincing

evidence that the licensee abused, neglected, or

financially exploited an eligible adult as defined in the

Adult Protective Services Act.

(39) A violation of any provision of this Act or any

rules adopted under this Act.

(40) Violating the Compassionate Use of Medical

Cannabis Program Act.

(b-5) The Department shall not revoke, suspend, summarily

suspend, place on probation, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a registered nurse or an advanced practice

registered nurse based solely upon the registered nurse or

advanced practice registered nurse providing, authorizing,

recommending, aiding, assisting, referring for, or otherwise

participating in any health care service, so long as the care

was not unlawful under the laws of this State, regardless of

whether the patient was a resident of this State or another

state.

(b-10) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a registered nurse or an advanced practice

registered nurse based upon the registered nurse's or advanced

practice registered nurse's license being revoked or

suspended, or the registered nurse or advanced practice

registered nurse being otherwise disciplined by any other

state, if that revocation, suspension, or other form of

discipline was based solely on the registered nurse or

advanced practice registered nurse violating another state's

laws prohibiting the provision of, authorization of,

recommendation of, aiding or assisting in, referring for, or

participation in any health care service if that health care

service as provided would not have been unlawful under the

laws of this State and is consistent with the standards of

conduct for the registered nurse or advanced practice

registered nurse practicing in Illinois.

(b-15) The conduct specified in subsections (b-5) and

(b-10) shall not trigger reporting requirements under Section

65-65 or constitute grounds for suspension under Section

70-60.

(b-20) An applicant seeking licensure, certification, or

authorization under this Act who has been subject to

disciplinary action by a duly authorized professional

disciplinary agency of another jurisdiction solely on the

basis of having provided, authorized, recommended, aided,

assisted, referred for, or otherwise participated in health

care shall not be denied such licensure, certification, or

authorization, unless the Department determines that such

action would have constituted professional misconduct in this

State; however, nothing in this Section shall be construed as

prohibiting the Department from evaluating the conduct of such

applicant and making a determination regarding the licensure,

certification, or authorization to practice a profession under

this Act.

(c) The determination by a circuit court that a licensee

is subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code, as amended, operates as an automatic suspension. The

suspension will end only upon a finding by a court that the

patient is no longer subject to involuntary admission or

judicial admission and issues an order so finding and

discharging the patient; and upon the recommendation of the

Board to the Secretary that the licensee be allowed to resume

his or her practice.

(d) The Department may refuse to issue or may suspend or

otherwise discipline the license of any person who fails to

file a return, or to pay the tax, penalty or interest shown in

a filed return, or to pay any final assessment of the tax,

penalty, or interest as required by any tax Act administered

by the Department of Revenue, until such time as the

requirements of any such tax Act are satisfied.

(e) In enforcing this Act, the Department, upon a showing

of a possible violation, may compel an individual licensed to

practice under this Act or who has applied for licensure under

this Act, to submit to a mental or physical examination, or

both, as required by and at the expense of the Department. The

Department may order the examining physician to present

testimony concerning the mental or physical examination of the

licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician. The examining physicians shall be

specifically designated by the Department. The individual to

be examined may have, at his or her own expense, another

physician of his or her choice present during all aspects of

this examination. Failure of an individual to submit to a

mental or physical examination, when directed, shall result in

an automatic suspension without hearing.

All substance-related violations shall mandate an

automatic substance abuse assessment. Failure to submit to an

assessment by a licensed physician who is certified as an

addictionist or an advanced practice registered nurse with

specialty certification in addictions may be grounds for an

automatic suspension, as defined by rule.

If the Department finds an individual unable to practice

or unfit for duty because of the reasons set forth in this

subsection (e), the Department may require that individual to

submit to a substance abuse evaluation or treatment by

individuals or programs approved or designated by the

Department, as a condition, term, or restriction for

continued, restored, or renewed licensure to practice; or, in

lieu of evaluation or treatment, the Department may file, or

the Board may recommend to the Department to file, a complaint

to immediately suspend, revoke, or otherwise discipline the

license of the individual. An individual whose license was

granted, continued, restored, renewed, disciplined, or

supervised subject to such terms, conditions, or restrictions,

and who fails to comply with such terms, conditions, or

restrictions, shall be referred to the Secretary for a

determination as to whether the individual shall have his or

her license suspended immediately, pending a hearing by the

Department.

In instances in which the Secretary immediately suspends a

person's license under this subsection (e), a hearing on that

person's license must be convened by the Department within 15

days after the suspension and completed without appreciable

delay. The Department and Board shall have the authority to

review the subject individual's record of treatment and

counseling regarding the impairment to the extent permitted by

applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this subsection (e) shall be afforded an opportunity to

demonstrate to the Department that he or she can resume

practice in compliance with nursing standards under the

provisions of his or her license.

(f) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)

Section 7-15. The Pharmacy Practice Act is amended by

changing Sections 30 and 30.1 as follows:

(225 ILCS 85/30)  (from Ch. 111, par. 4150)

(Section scheduled to be repealed on January 1, 2028)

Sec. 30. Refusal, revocation, suspension, or other

discipline.

(a) The Department may refuse to issue or renew, or may

revoke a license, or may suspend, place on probation, fine, or

take any disciplinary or non-disciplinary action as the

Department may deem proper, including fines not to exceed

$10,000 for each violation, with regard to any licensee for

any one or combination of the following causes:

1. Material misstatement in furnishing information to

the Department.

2. Violations of this Act, or the rules promulgated

hereunder.

3. Making any misrepresentation for the purpose of

obtaining licenses.

4. A pattern of conduct which demonstrates

incompetence or unfitness to practice.

5. Aiding or assisting another person in violating any

provision of this Act or rules.

6. Failing, within 60 days, to respond to a written

request made by the Department for information.

7. Engaging in unprofessional, dishonorable, or

unethical conduct of a character likely to deceive,

defraud or harm the public as defined by rule.

8. Adverse action taken by another state or

jurisdiction against a license or other authorization to

practice as a pharmacy, pharmacist, registered certified

pharmacy technician, or registered pharmacy technician

that is the same or substantially equivalent to those set

forth in this Section, a certified copy of the record of

the action taken by the other state or jurisdiction being

prima facie evidence thereof.

9. Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate or other form of compensation

for any professional services not actually or personally

rendered. Nothing in this item 9 affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this

Act. Nothing in this item 9 shall be construed to require

an employment arrangement to receive professional fees for

services rendered.

10. A finding by the Department that the licensee,

after having his license placed on probationary status,

has violated the terms of probation.

11. Selling or engaging in the sale of drug samples

provided at no cost by drug manufacturers.

12. Physical illness, including, but not limited to,

deterioration through the aging process, or loss of motor

skill which results in the inability to practice the

profession with reasonable judgment, skill or safety.

13. A finding that licensure or registration has been

applied for or obtained by fraudulent means.

14. Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing, including, but not limited to, convictions,

preceding sentences of supervision, conditional discharge,

or first offender probation, under the laws of any

jurisdiction of the United States that is (i) a felony or

(ii) a misdemeanor, an essential element of which is

dishonesty, or that is directly related to the practice of

pharmacy, or involves controlled substances.

15. Habitual or excessive use or addiction to alcohol,

narcotics, stimulants or any other chemical agent or drug

which results in the inability to practice with reasonable

judgment, skill or safety.

16. Willfully making or filing false records or

reports in the practice of pharmacy, including, but not

limited to, false records to support claims against the

medical assistance program of the Department of Healthcare

and Family Services (formerly Department of Public Aid)

under the Public Aid Code.

17. Gross and willful overcharging for professional

services including filing false statements for collection

of fees for which services are not rendered, including,

but not limited to, filing false statements for collection

of monies for services not rendered from the medical

assistance program of the Department of Healthcare and

Family Services (formerly Department of Public Aid) under

the Public Aid Code.

18. Dispensing prescription drugs without receiving a

written or oral prescription in violation of law.

19. Upon a finding of a substantial discrepancy in a

Department audit of a prescription drug, including

controlled substances, as that term is defined in this Act

or in the Illinois Controlled Substances Act.

20. Physical or mental illness or any other impairment

or disability, including, without limitation: (A)

deterioration through the aging process or loss of motor

skills that results in the inability to practice with

reasonable judgment, skill or safety; or (B) mental

incompetence, as declared by a court of competent

jurisdiction.

21. Violation of the Health Care Worker Self-Referral

Act.

22. Failing to sell or dispense any drug, medicine, or

poison in good faith. "Good faith", for the purposes of

this Section, has the meaning ascribed to it in subsection

(u) of Section 102 of the Illinois Controlled Substances

Act. "Good faith", as used in this item (22), shall not be

limited to the sale or dispensing of controlled

substances, but shall apply to all prescription drugs.

23. Interfering with the professional judgment of a

pharmacist by any licensee under this Act, or the

licensee's agents or employees.

24. Failing to report within 60 days to the Department

any adverse final action taken against a pharmacy,

pharmacist, registered pharmacy technician, or registered

certified pharmacy technician by another licensing

jurisdiction in any other state or any territory of the

United States or any foreign jurisdiction, any

governmental agency, any law enforcement agency, or any

court for acts or conduct similar to acts or conduct that

would constitute grounds for discipline as defined in this

Section.

25. Failing to comply with a subpoena issued in

accordance with Section 35.5 of this Act.

26. Disclosing protected health information in

violation of any State or federal law.

27. Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act.

28. Being named as an abuser in a verified report by

the Department on Aging under the Adult Protective

Services Act, and upon proof by clear and convincing

evidence that the licensee abused, neglected, or

financially exploited an eligible adult as defined in the

Adult Protective Services Act.

29. Using advertisements or making solicitations that

may jeopardize the health, safety, or welfare of patients,

including, but not be limited to, the use of

advertisements or solicitations that:

(A) are false, fraudulent, deceptive, or

misleading; or

(B) include any claim regarding a professional

service or product or the cost or price thereof that

cannot be substantiated by the licensee.

30. Requiring a pharmacist to participate in the use

or distribution of advertisements or in making

solicitations that may jeopardize the health, safety, or

welfare of patients.

31. Failing to provide a working environment for all

pharmacy personnel that protects the health, safety, and

welfare of a patient, which includes, but is not limited

to, failing to:

(A) employ sufficient personnel to prevent

fatigue, distraction, or other conditions that

interfere with a pharmacist's ability to practice with

competency and safety or creates an environment that

jeopardizes patient care;

(B) provide appropriate opportunities for

uninterrupted rest periods and meal breaks;

(C) provide adequate time for a pharmacist to

complete professional duties and responsibilities,

including, but not limited to:

(i) drug utilization review;

(ii) immunization;

(iii) counseling;

(iv) verification of the accuracy of a

prescription; and

(v) all other duties and responsibilities of a

pharmacist as listed in the rules of the

Department.

32. Introducing or enforcing external factors, such as

productivity or production quotas or other programs

against pharmacists, student pharmacists or pharmacy

technicians, to the extent that they interfere with the

ability of those individuals to provide appropriate

professional services to the public.

33. Providing an incentive for or inducing the

transfer of a prescription for a patient absent a

professional rationale.

(b) The Department may refuse to issue or may suspend the

license of any person who fails to file a return, or to pay the

tax, penalty or interest shown in a filed return, or to pay any

final assessment of tax, penalty or interest, as required by

any tax Act administered by the Illinois Department of

Revenue, until such time as the requirements of any such tax

Act are satisfied.

(c) The Department shall revoke any license issued under

the provisions of this Act or any prior Act of this State of

any person who has been convicted a second time of committing

any felony under the Illinois Controlled Substances Act, or

who has been convicted a second time of committing a Class 1

felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid

Code. A person whose license issued under the provisions of

this Act or any prior Act of this State is revoked under this

subsection (c) shall be prohibited from engaging in the

practice of pharmacy in this State.

(c-5) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a pharmacist, registered pharmacy technician, or

registered certified pharmacy technician based solely upon the

pharmacist, registered pharmacy technician, or registered

certified pharmacy technician providing, authorizing,

recommending, aiding, assisting, referring for, or otherwise

participating in any health care service, so long as the care

was not unlawful under the laws of this State, regardless of

whether the patient was a resident of this State or another

state.

(c-10) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a pharmacist, registered pharmacy technician, or

registered certified pharmacy technician based upon the

pharmacist's, registered pharmacy technician's, or registered

certified pharmacy technician's license being revoked or

suspended, or the pharmacist being otherwise disciplined by

any other state, if that revocation, suspension, or other form

of discipline was based solely on the pharmacist, registered

pharmacy technician, or registered certified pharmacy

technician violating another state's laws prohibiting the

provision of, authorization of, recommendation of, aiding or

assisting in, referring for, or participation in any health

care service if that health care service as provided would not

have been unlawful under the laws of this State and is

consistent with the standards of conduct for a pharmacist,

registered pharmacy technician, or registered certified

pharmacy technician practicing in Illinois.

(c-15) The conduct specified in subsections (c-5) and

(c-10) shall not constitute grounds for suspension under

Section 35.16.

(c-20) An applicant seeking licensure, certification, or

authorization pursuant to this Act who has been subject to

disciplinary action by a duly authorized professional

disciplinary agency of another jurisdiction solely on the

basis of having provided, authorized, recommended, aided,

assisted, referred for, or otherwise participated in health

care shall not be denied such licensure, certification, or

authorization, unless the Department determines that such

action would have constituted professional misconduct in this

State; however, nothing in this Section shall be construed as

prohibiting the Department from evaluating the conduct of such

applicant and making a determination regarding the licensure,

certification, or authorization to practice a profession under

this Act.

(d) Fines may be imposed in conjunction with other forms

of disciplinary action, but shall not be the exclusive

disposition of any disciplinary action arising out of conduct

resulting in death or injury to a patient. Fines shall be paid

within 60 days or as otherwise agreed to by the Department. Any

funds collected from such fines shall be deposited in the

Illinois State Pharmacy Disciplinary Fund.

(e) The entry of an order or judgment by any circuit court

establishing that any person holding a license or certificate

under this Act is a person in need of mental treatment operates

as a suspension of that license. A licensee may resume his or

her practice only upon the entry of an order of the Department

based upon a finding by the Board that he or she has been

determined to be recovered from mental illness by the court

and upon the Board's recommendation that the licensee be

permitted to resume his or her practice.

(f) The Department shall issue quarterly to the Board a

status of all complaints related to the profession received by

the Department.

(g) In enforcing this Section, the Board or the

Department, upon a showing of a possible violation, may compel

any licensee or applicant for licensure under this Act to

submit to a mental or physical examination or both, as

required by and at the expense of the Department. The

examining physician, or multidisciplinary team involved in

providing physical and mental examinations led by a physician

consisting of one or a combination of licensed physicians,

licensed clinical psychologists, licensed clinical social

workers, licensed clinical professional counselors, and other

professional and administrative staff, shall be those

specifically designated by the Department. The Board or the

Department may order the examining physician or any member of

the multidisciplinary team to present testimony concerning

this mental or physical examination of the licensee or

applicant. No information, report, or other documents in any

way related to the examination shall be excluded by reason of

any common law or statutory privilege relating to

communication between the licensee or applicant and the

examining physician or any member of the multidisciplinary

team. The individual to be examined may have, at his or her own

expense, another physician of his or her choice present during

all aspects of the examination. Failure of any individual to

submit to a mental or physical examination when directed shall

result in the automatic suspension of his or her license until

such time as the individual submits to the examination. If the

Board or Department finds a pharmacist, registered certified

pharmacy technician, or registered pharmacy technician unable

to practice because of the reasons set forth in this Section,

the Board or Department shall require such pharmacist,

registered certified pharmacy technician, or registered

pharmacy technician to submit to care, counseling, or

treatment by physicians or other appropriate health care

providers approved or designated by the Department as a

condition for continued, restored, or renewed licensure to

practice. Any pharmacist, registered certified pharmacy

technician, or registered pharmacy technician whose license

was granted, continued, restored, renewed, disciplined, or

supervised, subject to such terms, conditions, or

restrictions, and who fails to comply with such terms,

conditions, or restrictions or to complete a required program

of care, counseling, or treatment, as determined by the chief

pharmacy coordinator, shall be referred to the Secretary for a

determination as to whether the licensee shall have his or her

license suspended immediately, pending a hearing by the Board.

In instances in which the Secretary immediately suspends a

license under this subsection (g), a hearing upon such

person's license must be convened by the Board within 15 days

after such suspension and completed without appreciable delay.

The Department and Board shall have the authority to review

the subject pharmacist's, registered certified pharmacy

technician's, or registered pharmacy technician's record of

treatment and counseling regarding the impairment.

(h) An individual or organization acting in good faith,

and not in a willful and wanton manner, in complying with this

Section by providing a report or other information to the

Board, by assisting in the investigation or preparation of a

report or information, by participating in proceedings of the

Board, or by serving as a member of the Board shall not, as a

result of such actions, be subject to criminal prosecution or

civil damages. Any person who reports a violation of this

Section to the Department is protected under subsection (b) of

Section 15 of the Whistleblower Act.

(i) Members of the Board shall have no liability in any

action based upon any disciplinary proceedings or other

activity performed in good faith as a member of the Board. The

Attorney General shall defend all such actions unless he or

she determines either that there would be a conflict of

interest in such representation or that the actions complained

of were not in good faith or were willful and wanton.

If the Attorney General declines representation, the

member shall have the right to employ counsel of his or her

choice, whose fees shall be provided by the State, after

approval by the Attorney General, unless there is a

determination by a court that the member's actions were not in

good faith or were willful and wanton.

The member must notify the Attorney General within 7 days

of receipt of notice of the initiation of any action involving

services of the Board. Failure to so notify the Attorney

General shall constitute an absolute waiver of the right to a

defense and indemnification.

The Attorney General shall determine, within 7 days after

receiving such notice, whether he or she will undertake to

represent the member.

(j) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;

revised 12-9-22.)

(225 ILCS 85/30.1)

(Section scheduled to be repealed on January 1, 2028)

Sec. 30.1. Reporting.

(a) When a pharmacist, registered certified pharmacy

technician, or a registered pharmacy technician licensed by

the Department is terminated for actions which may have

threatened patient safety, the pharmacy or

pharmacist-in-charge, pursuant to the policies and procedures

of the pharmacy at which he or she is employed, shall report

the termination to the chief pharmacy coordinator. Such

reports shall be strictly confidential and may be reviewed and

considered only by the members of the Board or by authorized

Department staff. Such reports, and any records associated

with such reports, are exempt from public disclosure and the

Freedom of Information Act. Although the reports are exempt

from disclosure, any formal complaint filed against a licensee

or registrant by the Department or any order issued by the

Department against a licensee, registrant, or applicant shall

be a public record, except as otherwise prohibited by law. A

pharmacy shall not take any adverse action, including, but not

limited to, disciplining or terminating a pharmacist,

registered certified pharmacy technician, or registered

pharmacy technician, as a result of an adverse action against

the person's license or clinical privileges or other

disciplinary action by another state or health care

institution that resulted from the pharmacist's, registered

certified pharmacy technician's, or registered pharmacy

technician's provision of, authorization of, recommendation

of, aiding or assistance with, referral for, or participation

in any health care service, if the adverse action was based

solely on a violation of the other state's law prohibiting the

provision such health care and related services in the state

or for a resident of the state.

(b) The report shall be submitted to the chief pharmacy

coordinator in a timely fashion. Unless otherwise provided in

this Section, the reports shall be filed in writing, on forms

provided by the Department, within 60 days after a pharmacy's

determination that a report is required under this Act. All

reports shall contain only the following information:

(1) The name, address, and telephone number of the

person making the report.

(2) The name, license number, and last known address

and telephone number of the person who is the subject of

the report.

(3) A brief description of the facts which gave rise

to the issuance of the report, including dates of

occurrence.

(c) The contents of any report and any records associated

with such report shall be strictly confidential and may only

be reviewed by:

(1) members of the Board of Pharmacy;

(2) the Board of Pharmacy's designated attorney;

(3) administrative personnel assigned to open mail

containing reports, to process and distribute reports to

authorized persons, and to communicate with senders of

reports;

(4) Department investigators and Department

prosecutors; or

(5) attorneys from the Office of the Illinois Attorney

General representing the Department in litigation in

response to specific disciplinary action the Department

has taken or initiated against a specific individual

pursuant to this Section.

(d) Whenever a pharmacy or pharmacist-in-charge makes a

report and provides any records associated with that report to

the Department, acts in good faith, and not in a willful and

wanton manner, the person or entity making the report and the

pharmacy or health care institution employing him or her shall

not, as a result of such actions, be subject to criminal

prosecution or civil damages.

(e) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 99-863, eff. 8-19-16.)

Article 8.

Section 8-1. The Illinois Administrative Procedure Act is

amended by adding Section 5-45.35 as follows:

(5 ILCS 100/5-45.35 new)

Sec. 5-45.35. Emergency rulemaking; temporary licenses for

health care. To provide for the expeditious and timely

implementation of Section 66 of the Medical Practice Act of

1987, Section 65-11.5 of the Nurse Practice Act, and Section

9.7 of the Physician Assistant Practice Act of 1987, emergency

rules implementing the issuance of temporary permits to

applicants who are licensed to practice as a physician,

advanced practice registered nurse, or physician assistant in

another state may be adopted in accordance with Section 5-45

by the Department of Financial and Professional Regulation.

The adoption of emergency rules authorized by Section 5-45 and

this Section is deemed to be necessary for the public

interest, safety, and welfare.

This Section is repealed one year after the effective date

of this amendatory Act of the 102nd General Assembly.

Section 8-5. The Physician Assistant Practice Act of 1987

is amended by changing Sections 4, 21, 22.2, 22.3, 22.5, 22.6,

22.7, 22.8, 22.9, and 22.10 and by adding Section 9.7 as

follows:

(225 ILCS 95/4)  (from Ch. 111, par. 4604)

(Section scheduled to be repealed on January 1, 2028)

Sec. 4. Definitions. In this Act:

1. "Department" means the Department of Financial and

Professional Regulation.

2. "Secretary" means the Secretary of Financial and

Professional Regulation.

3. "Physician assistant" means any person not holding an

active license or permit issued by the Department pursuant to

the Medical Practice Act of 1987 who has been certified as a

physician assistant by the National Commission on the

Certification of Physician Assistants or equivalent successor

agency and performs procedures in collaboration with a

physician as defined in this Act. A physician assistant may

perform such procedures within the specialty of the

collaborating physician, except that such physician shall

exercise such direction, collaboration, and control over such

physician assistants as will assure that patients shall

receive quality medical care. Physician assistants shall be

capable of performing a variety of tasks within the specialty

of medical care in collaboration with a physician.

Collaboration with the physician assistant shall not be

construed to necessarily require the personal presence of the

collaborating physician at all times at the place where

services are rendered, as long as there is communication

available for consultation by radio, telephone or

telecommunications within established guidelines as determined

by the physician/physician assistant team. The collaborating

physician may delegate tasks and duties to the physician

assistant. Delegated tasks or duties shall be consistent with

physician assistant education, training, and experience. The

delegated tasks or duties shall be specific to the practice

setting and shall be implemented and reviewed under a written

collaborative agreement established by the physician or

physician/physician assistant team. A physician assistant,

acting as an agent of the physician, shall be permitted to

transmit the collaborating physician's orders as determined by

the institution's by-laws, policies, procedures, or job

description within which the physician/physician assistant

team practices. Physician assistants shall practice only in

accordance with a written collaborative agreement.

Any person who holds an active license or permit issued

pursuant to the Medical Practice Act of 1987 shall have that

license automatically placed into inactive status upon

issuance of a physician assistant license. Any person who

holds an active license as a physician assistant who is issued

a license or permit pursuant to the Medical Practice Act of

1987 shall have his or her physician assistant license

automatically placed into inactive status.

3.5. "Physician assistant practice" means the performance

of procedures within the specialty of the collaborating

physician. Physician assistants shall be capable of performing

a variety of tasks within the specialty of medical care of the

collaborating physician. Collaboration with the physician

assistant shall not be construed to necessarily require the

personal presence of the collaborating physician at all times

at the place where services are rendered, as long as there is

communication available for consultation by radio, telephone,

telecommunications, or electronic communications. The

collaborating physician may delegate tasks and duties to the

physician assistant. Delegated tasks or duties shall be

consistent with physician assistant education, training, and

experience. The delegated tasks or duties shall be specific to

the practice setting and shall be implemented and reviewed

under a written collaborative agreement established by the

physician or physician/physician assistant team. A physician

assistant shall be permitted to transmit the collaborating

physician's orders as determined by the institution's bylaws,

policies, or procedures or the job description within which

the physician/physician assistant team practices. Physician

assistants shall practice only in accordance with a written

collaborative agreement, except as provided in Section 7.5 of

this Act.

4. "Board" means the Medical Licensing Board constituted

under the Medical Practice Act of 1987.

5. (Blank). "Disciplinary Board" means the Medical

Disciplinary Board constituted under the Medical Practice Act

of 1987.

6. "Physician" means a person licensed to practice

medicine in all of its branches under the Medical Practice Act

of 1987.

7. "Collaborating physician" means the physician who,

within his or her specialty and expertise, may delegate a

variety of tasks and procedures to the physician assistant.

Such tasks and procedures shall be delegated in accordance

with a written collaborative agreement.

8. (Blank).

9. "Address of record" means the designated address

recorded by the Department in the applicant's or licensee's

application file or license file maintained by the

Department's licensure maintenance unit.

10. "Hospital affiliate" means a corporation, partnership,

joint venture, limited liability company, or similar

organization, other than a hospital, that is devoted primarily

to the provision, management, or support of health care

services and that directly or indirectly controls, is

controlled by, or is under common control of the hospital. For

the purposes of this definition, "control" means having at

least an equal or a majority ownership or membership interest.

A hospital affiliate shall be 100% owned or controlled by any

combination of hospitals, their parent corporations, or

physicians licensed to practice medicine in all its branches

in Illinois. "Hospital affiliate" does not include a health

maintenance organization regulated under the Health

Maintenance Organization Act.

11. "Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file, as maintained

by the Department's licensure maintenance unit.

(Source: P.A. 99-330, eff. 1-1-16; 100-453, eff. 8-25-17.)

(225 ILCS 95/9.7 new)

Sec. 9.7. Temporary permit for health care.

(a) The Department may issue a temporary permit to an

applicant who is licensed to practice as a physician assistant

in another state. The temporary permit will authorize the

practice of providing health care to patients in this State,

with a collaborating physician in this State, if all of the

following apply:

(1) The Department determines that the applicant's

services will improve the welfare of Illinois residents

and non-residents requiring health care services.

(2) The applicant has obtained certification by the

National Commission on Certification of Physician

Assistants or its successor agency; the applicant has

submitted verification of licensure status in good

standing in the applicant's current state or territory of

licensure; and the applicant can furnish the Department

with a certified letter upon request from that

jurisdiction attesting to the fact that the applicant has

no pending action or violations against the applicant's

license.

The Department will not consider a physician

assistant's license being revoked or otherwise disciplined

by any state or territory based solely on the physician

providing, authorizing, recommending, aiding, assisting,

referring for, or otherwise participating in any health

care service that is unlawful or prohibited in that state

or territory, if the provision of, authorization of, or

participation in that health care service, medical

service, or procedure related to any health care service

is not unlawful or prohibited in this State.

(3) The applicant has sufficient training and

possesses the appropriate core competencies to provide

health care services, and is physically, mentally, and

professionally capable of practicing as a physician

assistant with reasonable judgment, skill, and safety and

in accordance with applicable standards of care.

(4) The applicant has met the written collaborative

agreement requirements under subsection (a) of Section

7.5.

(5) The applicant will be working pursuant to an

agreement with a sponsoring licensed hospital, medical

office, clinic, or other medical facility providing health

care services. Such agreement shall be executed by an

authorized representative of the licensed hospital,

medical office, clinic, or other medical facility,

certifying that the physician assistant holds an active

license and is in good standing in the state in which they

are licensed. If an applicant for a temporary permit has

been previously disciplined by another jurisdiction,

except as described in paragraph (2) of subsection (a),

further review may be conducted pursuant to the Civil

Administrative Code of Illinois and this Act. The

application shall include the physician assistant's name,

contact information, state of licensure, and license

number.

(6) Payment of a $75 fee.

The sponsoring licensed hospital, medical office, clinic,

or other medical facility engaged in the agreement with the

applicant shall notify the Department should the applicant at

any point leave or become separate from the sponsor.

The Department may adopt rules to carry out this Section.

(b) A temporary permit under this Section shall expire 2

years after the date of issuance. The temporary permit may be

renewed for a $45 fee for an additional 2 years. A holder of a

temporary permit may only renew one time.

(c) The temporary permit shall only permit the holder to

practice as a physician assistant with a collaborating

physician who provides health care services with the sponsor

specified on the permit.

(d) An application for the temporary permit shall be made

to the Department, in writing, on forms prescribed by the

Department, and shall be accompanied by a non-refundable fee

of $75. The Department shall grant or deny an applicant a

temporary permit within 60 days of receipt of a completed

application. The Department shall notify the applicant of any

deficiencies in the applicant's application materials

requiring corrections in a timely manner.

(e) An applicant for a temporary permit may be requested

to appear before the Board to respond to questions concerning

the applicant's qualifications to receive the permit. An

applicant's refusal to appear before the Board may be grounds

for denial of the application by the Department.

(f) The Secretary may summarily cancel any temporary

permit issued pursuant to this Section, without a hearing, if

the Secretary finds that evidence in his or her possession

indicates that a permit holder's continuation in practice

would constitute an imminent danger to the public or violate

any provision of this Act or its rules. If the Secretary

summarily cancels a temporary permit issued pursuant to this

Section or Act, the permit holder may petition the Department

for a hearing in accordance with the provisions of Section

22.11 to restore his or her permit, unless the permit holder

has exceeded his or her renewal limit.

(g) In addition to terminating any temporary permit issued

pursuant to this Section or Act, the Department may issue a

monetary penalty not to exceed $10,000 upon the temporary

permit holder and may notify any state in which the temporary

permit holder has been issued a permit that his or her Illinois

permit has been terminated and the reasons for that

termination. The monetary penalty shall be paid within 60 days

after the effective date of the order imposing the penalty.

The order shall constitute a judgment and may be filed, and

execution had thereon in the same manner as any judgment from

any court of record. It is the intent of the General Assembly

that a permit issued pursuant to this Section shall be

considered a privilege and not a property right.

(h) While working in Illinois, all temporary permit

holders are subject to all statutory and regulatory

requirements of this Act in the same manner as a licensee.

Failure to adhere to all statutory and regulatory requirements

may result in revocation or other discipline of the temporary

permit.

(i) If the Department becomes aware of a violation

occurring at the licensed hospital, medical office, clinic, or

other medical facility, or occurring via telehealth services,

the Department shall notify the Department of Public Health.

(j) The Department may adopt emergency rules pursuant to

this Section. The General Assembly finds that the adoption of

rules to implement a temporary permit for health care services

is deemed an emergency and necessary for the public interest,

safety, and welfare.

(225 ILCS 95/21)  (from Ch. 111, par. 4621)

(Section scheduled to be repealed on January 1, 2028)

Sec. 21. Grounds for disciplinary action.

(a) The Department may refuse to issue or to renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action with regard to any

license issued under this Act as the Department may deem

proper, including the issuance of fines not to exceed $10,000

for each violation, for any one or combination of the

following causes:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act, or the rules adopted under

this Act.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing, including, but not limited to, convictions,

preceding sentences of supervision, conditional discharge,

or first offender probation, under the laws of any

jurisdiction of the United States that is: (i) a felony;

or (ii) a misdemeanor, an essential element of which is

dishonesty, or that is directly related to the practice of

the profession.

(4) Making any misrepresentation for the purpose of

obtaining licenses.

(5) Professional incompetence.

(6) Aiding or assisting another person in violating

any provision of this Act or its rules.

(7) Failing, within 60 days, to provide information in

response to a written request made by the Department.

(8) Engaging in dishonorable, unethical, or

unprofessional conduct, as defined by rule, of a character

likely to deceive, defraud, or harm the public.

(9) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in a physician assistant's inability to

practice with reasonable judgment, skill, or safety.

(10) Discipline by another U.S. jurisdiction or

foreign nation, if at least one of the grounds for

discipline is the same or substantially equivalent to

those set forth in this Section.

(11) Directly or indirectly giving to or receiving

from any person, firm, corporation, partnership, or

association any fee, commission, rebate or other form of

compensation for any professional services not actually or

personally rendered. Nothing in this paragraph (11)

affects any bona fide independent contractor or employment

arrangements, which may include provisions for

compensation, health insurance, pension, or other

employment benefits, with persons or entities authorized

under this Act for the provision of services within the

scope of the licensee's practice under this Act.

(12) A finding by the Disciplinary Board that the

licensee, after having his or her license placed on

probationary status, has violated the terms of probation.

(13) Abandonment of a patient.

(14) Willfully making or filing false records or

reports in his or her practice, including but not limited

to false records filed with State state agencies or

departments.

(15) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(16) Physical illness, or mental illness or impairment

that results in the inability to practice the profession

with reasonable judgment, skill, or safety, including, but

not limited to, deterioration through the aging process or

loss of motor skill.

(17) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act, and

upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(18) (Blank).

(19) Gross negligence resulting in permanent injury or

death of a patient.

(20) Employment of fraud, deception or any unlawful

means in applying for or securing a license as a physician

assistant.

(21) Exceeding the authority delegated to him or her

by his or her collaborating physician in a written

collaborative agreement.

(22) Immoral conduct in the commission of any act,

such as sexual abuse, sexual misconduct, or sexual

exploitation related to the licensee's practice.

(23) Violation of the Health Care Worker Self-Referral

Act.

(24) Practicing under a false or assumed name, except

as provided by law.

(25) Making a false or misleading statement regarding

his or her skill or the efficacy or value of the medicine,

treatment, or remedy prescribed by him or her in the

course of treatment.

(26) Allowing another person to use his or her license

to practice.

(27) Prescribing, selling, administering,

distributing, giving, or self-administering a drug

classified as a controlled substance for other than

medically accepted therapeutic purposes.

(28) Promotion of the sale of drugs, devices,

appliances, or goods provided for a patient in a manner to

exploit the patient for financial gain.

(29) A pattern of practice or other behavior that

demonstrates incapacity or incompetence to practice under

this Act.

(30) Violating State or federal laws or regulations

relating to controlled substances or other legend drugs or

ephedra as defined in the Ephedra Prohibition Act.

(31) Exceeding the prescriptive authority delegated by

the collaborating physician or violating the written

collaborative agreement delegating that authority.

(32) Practicing without providing to the Department a

notice of collaboration or delegation of prescriptive

authority.

(33) Failure to establish and maintain records of

patient care and treatment as required by law.

(34) Attempting to subvert or cheat on the examination

of the National Commission on Certification of Physician

Assistants or its successor agency.

(35) Willfully or negligently violating the

confidentiality between physician assistant and patient,

except as required by law.

(36) Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act.

(37) Being named as an abuser in a verified report by

the Department on Aging under the Adult Protective

Services Act and upon proof by clear and convincing

evidence that the licensee abused, neglected, or

financially exploited an eligible adult as defined in the

Adult Protective Services Act.

(38) Failure to report to the Department an adverse

final action taken against him or her by another licensing

jurisdiction of the United States or a foreign state or

country, a peer review body, a health care institution, a

professional society or association, a governmental

agency, a law enforcement agency, or a court acts or

conduct similar to acts or conduct that would constitute

grounds for action under this Section.

(39) Failure to provide copies of records of patient

care or treatment, except as required by law.

(40) Entering into an excessive number of written

collaborative agreements with licensed physicians

resulting in an inability to adequately collaborate.

(41) Repeated failure to adequately collaborate with a

collaborating physician.

(42) Violating the Compassionate Use of Medical

Cannabis Program Act.

(b) The Department may, without a hearing, refuse to issue

or renew or may suspend the license of any person who fails to

file a return, or to pay the tax, penalty or interest shown in

a filed return, or to pay any final assessment of the tax,

penalty, or interest as required by any tax Act administered

by the Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied.

(b-5) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a physician assistant based solely upon the

physician assistant providing, authorizing, recommending,

aiding, assisting, referring for, or otherwise participating

in any health care service, so long as the care was not

unlawful under the laws of this State, regardless of whether

the patient was a resident of this State or another state.

(b-10) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a physician assistant based upon the physician

assistant's license being revoked or suspended, or the

physician assistant being otherwise disciplined by any other

state, if that revocation, suspension, or other form of

discipline was based solely on the physician assistant

violating another state's laws prohibiting the provision of,

authorization of, recommendation of, aiding or assisting in,

referring for, or participation in any health care service if

that health care service as provided would not have been

unlawful under the laws of this State and is consistent with

the standards of conduct for a physician assistant practicing

in Illinois.

(b-15) The conduct specified in subsections (b-5) and

(b-10) shall not constitute grounds for suspension under

Section 22.13.

(b-20) An applicant seeking licensure, certification, or

authorization pursuant to this Act who has been subject to

disciplinary action by a duly authorized professional

disciplinary agency of another jurisdiction solely on the

basis of having provided, authorized, recommended, aided,

assisted, referred for, or otherwise participated in health

care shall not be denied such licensure, certification, or

authorization, unless the Department determines that such

action would have constituted professional misconduct in this

State; however, nothing in this Section shall be construed as

prohibiting the Department from evaluating the conduct of such

applicant and making a determination regarding the licensure,

certification, or authorization to practice a profession under

this Act.

(c) The determination by a circuit court that a licensee

is subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and issues an order so finding and discharging the patient,

and upon the recommendation of the Disciplinary Board to the

Secretary that the licensee be allowed to resume his or her

practice.

(d) In enforcing this Section, the Department upon a

showing of a possible violation may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, which may include a substance abuse or

sexual offender evaluation, as required by and at the expense

of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination or both. The

multidisciplinary team shall be led by a physician licensed to

practice medicine in all of its branches and may consist of one

or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed clinical

psychologists, licensed clinical social workers, licensed

clinical professional counselors, and other professional and

administrative staff. Any examining physician or member of the

multidisciplinary team may require any person ordered to

submit to an examination pursuant to this Section to submit to

any additional supplemental testing deemed necessary to

complete any examination or evaluation process, including, but

not limited to, blood testing, urinalysis, psychological

testing, or neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed.

The Department may order the examining physician or any

member of the multidisciplinary team to present testimony

concerning the mental or physical examination of the licensee

or applicant. No information, report, record, or other

documents in any way related to the examination shall be

excluded by reason of any common law or statutory privilege

relating to communications between the licensee or applicant

and the examining physician or any member of the

multidisciplinary team. No authorization is necessary from the

licensee or applicant ordered to undergo an examination for

the examining physician or any member of the multidisciplinary

team to provide information, reports, records, or other

documents or to provide any testimony regarding the

examination and evaluation.

The individual to be examined may have, at his or her own

expense, another physician of his or her choice present during

all aspects of this examination. However, that physician shall

be present only to observe and may not interfere in any way

with the examination.

Failure of an individual to submit to a mental or physical

examination, when ordered, shall result in an automatic

suspension of his or her license until the individual submits

to the examination.

If the Department finds an individual unable to practice

because of the reasons set forth in this Section, the

Department may require that individual to submit to care,

counseling, or treatment by physicians approved or designated

by the Department, as a condition, term, or restriction for

continued, reinstated, or renewed licensure to practice; or,

in lieu of care, counseling, or treatment, the Department may

file a complaint to immediately suspend, revoke, or otherwise

discipline the license of the individual. An individual whose

license was granted, continued, reinstated, renewed,

disciplined, or supervised subject to such terms, conditions,

or restrictions, and who fails to comply with such terms,

conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the individual

shall have his or her license suspended immediately, pending a

hearing by the Department.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that

person's license must be convened by the Department within 30

days after the suspension and completed without appreciable

delay. The Department shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate

to the Department that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(e) An individual or organization acting in good faith,

and not in a willful and wanton manner, in complying with this

Section by providing a report or other information to the

Board, by assisting in the investigation or preparation of a

report or information, by participating in proceedings of the

Board, or by serving as a member of the Board, shall not be

subject to criminal prosecution or civil damages as a result

of such actions.

(f) Members of the Board and the Disciplinary Board shall

be indemnified by the State for any actions occurring within

the scope of services on the Disciplinary Board or Board, done

in good faith and not willful and wanton in nature. The

Attorney General shall defend all such actions unless he or

she determines either that there would be a conflict of

interest in such representation or that the actions complained

of were not in good faith or were willful and wanton.

If the Attorney General declines representation, the

member has the right to employ counsel of his or her choice,

whose fees shall be provided by the State, after approval by

the Attorney General, unless there is a determination by a

court that the member's actions were not in good faith or were

willful and wanton.

The member must notify the Attorney General within 7 days

after receipt of notice of the initiation of any action

involving services of the Disciplinary Board. Failure to so

notify the Attorney General constitutes an absolute waiver of

the right to a defense and indemnification.

The Attorney General shall determine, within 7 days after

receiving such notice, whether he or she will undertake to

represent the member.

(g) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)

(225 ILCS 95/22.2)  (from Ch. 111, par. 4622.2)

(Section scheduled to be repealed on January 1, 2028)

Sec. 22.2. Investigation; notice; hearing. The Department

may investigate the actions of any applicant or of any person

or persons holding or claiming to hold a license. The

Department shall, before suspending, revoking, placing on

probationary status, or taking any other disciplinary action

as the Department may deem proper with regard to any license,

at least 30 days prior to the date set for the hearing, notify

the applicant or licensee in writing of any charges made and

the time and place for a hearing of the charges before the

Disciplinary Board, direct him or her to file his or her

written answer thereto to the Disciplinary Board under oath

within 20 days after the service on him or her of such notice

and inform him or her that if he or she fails to file such

answer default will be taken against him or her and his or her

license may be suspended, revoked, placed on probationary

status, or have other disciplinary action, including limiting

the scope, nature or extent of his or her practice, as the

Department may deem proper taken with regard thereto. Written

or electronic notice may be served by personal delivery,

email, or mail to the applicant or licensee at his or her

address of record or email address of record. At the time and

place fixed in the notice, the Department shall proceed to

hear the charges and the parties or their counsel shall be

accorded ample opportunity to present such statements,

testimony, evidence, and argument as may be pertinent to the

charges or to the defense thereto. The Department may continue

such hearing from time to time. In case the applicant or

licensee, after receiving notice, fails to file an answer, his

or her license may in the discretion of the Secretary, having

received first the recommendation of the Disciplinary Board,

be suspended, revoked, placed on probationary status, or the

Secretary may take whatever disciplinary action as he or she

may deem proper, including limiting the scope, nature, or

extent of such person's practice, without a hearing, if the

act or acts charged constitute sufficient grounds for such

action under this Act.

(Source: P.A. 100-453, eff. 8-25-17.)

(225 ILCS 95/22.3)  (from Ch. 111, par. 4622.3)

(Section scheduled to be repealed on January 1, 2028)

Sec. 22.3. The Department, at its expense, shall preserve

a record of all proceedings at the formal hearing of any case

involving the refusal to issue, renew or discipline of a

license. The notice of hearing, complaint and all other

documents in the nature of pleadings and written motions filed

in the proceedings, the transcript of testimony, the report of

the Disciplinary Board or hearing officer and orders of the

Department shall be the record of such proceeding.

(Source: P.A. 85-981.)

(225 ILCS 95/22.5)  (from Ch. 111, par. 4622.5)

(Section scheduled to be repealed on January 1, 2028)

Sec. 22.5. Subpoena power; oaths. The Department shall

have power to subpoena and bring before it any person and to

take testimony either orally or by deposition or both, with

the same fees and mileage and in the same manner as prescribed

by law in judicial proceedings in civil cases in circuit

courts of this State.

The Secretary, the designated hearing officer, and any

member of the Disciplinary Board designated by the Secretary

shall each have power to administer oaths to witnesses at any

hearing which the Department is authorized to conduct under

this Act and any other oaths required or authorized to be

administered by the Department under this Act.

(Source: P.A. 95-703, eff. 12-31-07.)

(225 ILCS 95/22.6)  (from Ch. 111, par. 4622.6)

(Section scheduled to be repealed on January 1, 2028)

Sec. 22.6. At the conclusion of the hearing, the

Disciplinary Board shall present to the Secretary a written

report of its findings of fact, conclusions of law, and

recommendations. The report shall contain a finding whether or

not the accused person violated this Act or failed to comply

with the conditions required in this Act. The Disciplinary

Board shall specify the nature of the violation or failure to

comply, and shall make its recommendations to the Secretary.

The report of findings of fact, conclusions of law, and

recommendation of the Disciplinary Board shall be the basis

for the Department's order or refusal or for the granting of a

license or permit. If the Secretary disagrees in any regard

with the report of the Disciplinary Board, the Secretary may

issue an order in contravention thereof. The finding is not

admissible in evidence against the person in a criminal

prosecution brought for the violation of this Act, but the

hearing and finding are not a bar to a criminal prosecution

brought for the violation of this Act.

(Source: P.A. 100-453, eff. 8-25-17.)

(225 ILCS 95/22.7)  (from Ch. 111, par. 4622.7)

(Section scheduled to be repealed on January 1, 2028)

Sec. 22.7. Hearing officer. Notwithstanding the provisions

of Section 22.2 of this Act, the Secretary shall have the

authority to appoint any attorney duly licensed to practice

law in the State of Illinois to serve as the hearing officer in

any action for refusal to issue or renew, or for discipline of,

a license. The hearing officer shall have full authority to

conduct the hearing. The hearing officer shall report his or

her findings of fact, conclusions of law, and recommendations

to the Disciplinary Board and the Secretary. The Disciplinary

Board shall have 60 days from receipt of the report to review

the report of the hearing officer and present their findings

of fact, conclusions of law, and recommendations to the

Secretary. If the Disciplinary Board fails to present its

report within the 60-day period, the respondent may request in

writing a direct appeal to the Secretary, in which case the

Secretary may issue an order based upon the report of the

hearing officer and the record of the proceedings or issue an

order remanding the matter back to the hearing officer for

additional proceedings in accordance with the order.

Notwithstanding any other provision of this Section, if the

Secretary, upon review, determines that substantial justice

has not been done in the revocation, suspension, or refusal to

issue or renew a license or other disciplinary action taken as

the result of the entry of the hearing officer's report, the

Secretary may order a rehearing by the same or other

examiners. If the Secretary disagrees in any regard with the

report of the Disciplinary Board or hearing officer, he or she

may issue an order in contravention thereof.

(Source: P.A. 100-453, eff. 8-25-17.)

(225 ILCS 95/22.8)  (from Ch. 111, par. 4622.8)

(Section scheduled to be repealed on January 1, 2028)

Sec. 22.8. In any case involving the refusal to issue,

renew or discipline of a license, a copy of the Disciplinary

Board's report shall be served upon the respondent by the

Department, either personally or as provided in this Act for

the service of the notice of hearing. Within 20 days after such

service, the respondent may present to the Department a motion

in writing for a rehearing, which motion shall specify the

particular grounds therefor. If no motion for rehearing is

filed, then upon the expiration of the time specified for

filing such a motion, or if a motion for rehearing is denied,

then upon such denial the Secretary may enter an order in

accordance with recommendations of the Disciplinary Board

except as provided in Section 22.6 or 22.7 of this Act. If the

respondent shall order from the reporting service, and pay for

a transcript of the record within the time for filing a motion

for rehearing, the 20 day period within which such a motion may

be filed shall commence upon the delivery of the transcript to

the respondent.

(Source: P.A. 95-703, eff. 12-31-07.)

(225 ILCS 95/22.9)  (from Ch. 111, par. 4622.9)

(Section scheduled to be repealed on January 1, 2028)

Sec. 22.9. Whenever the Secretary is satisfied that

substantial justice has not been done in the revocation,

suspension or refusal to issue or renew a license, the

Secretary may order a rehearing by the same or another hearing

officer or Disciplinary Board.

(Source: P.A. 95-703, eff. 12-31-07.)

(225 ILCS 95/22.10)  (from Ch. 111, par. 4622.10)

(Section scheduled to be repealed on January 1, 2028)

Sec. 22.10. Order or certified copy; prima facie proof. An

order or a certified copy thereof, over the seal of the

Department and purporting to be signed by the Secretary, shall

be prima facie proof that:

(a) the signature is the genuine signature of the

Secretary;

(b) the Secretary is duly appointed and qualified; and

(c) the Disciplinary Board and the members thereof are

qualified to act.

(Source: P.A. 95-703, eff. 12-31-07.)

Section 8-10. The Medical Practice Act of 1987 is amended

by changing Section 2 and by adding Section 66 as follows:

(225 ILCS 60/2)  (from Ch. 111, par. 4400-2)

(Section scheduled to be repealed on January 1, 2027)

Sec. 2. Definitions. For purposes of this Act, the

following definitions shall have the following meanings,

except where the context requires otherwise:

"Act" means the Medical Practice Act of 1987.

"Address of record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's

licensure maintenance unit.

"Chiropractic physician" means a person licensed to treat

human ailments without the use of drugs and without operative

surgery. Nothing in this Act shall be construed to prohibit a

chiropractic physician from providing advice regarding the use

of non-prescription products or from administering atmospheric

oxygen. Nothing in this Act shall be construed to authorize a

chiropractic physician to prescribe drugs.

"Department" means the Department of Financial and

Professional Regulation.

"Disciplinary action" means revocation, suspension,

probation, supervision, practice modification, reprimand,

required education, fines or any other action taken by the

Department against a person holding a license.

"Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file, as maintained

by the Department's licensure maintenance unit.

"Final determination" means the governing body's final

action taken under the procedure followed by a health care

institution, or professional association or society, against

any person licensed under the Act in accordance with the

bylaws or rules and regulations of such health care

institution, or professional association or society.

"Fund" means the Illinois State Medical Disciplinary Fund.

"Impaired" means the inability to practice medicine with

reasonable skill and safety due to physical or mental

disabilities as evidenced by a written determination or

written consent based on clinical evidence including

deterioration through the aging process or loss of motor

skill, or abuse of drugs or alcohol, of sufficient degree to

diminish a person's ability to deliver competent patient care.

"Medical Board" means the Illinois State Medical Board.

"Physician" means a person licensed under the Medical

Practice Act to practice medicine in all of its branches or a

chiropractic physician.

"Professional association" means an association or society

of persons licensed under this Act, and operating within the

State of Illinois, including but not limited to, medical

societies, osteopathic organizations, and chiropractic

organizations, but this term shall not be deemed to include

hospital medical staffs.

"Program of care, counseling, or treatment" means a

written schedule of organized treatment, care, counseling,

activities, or education, satisfactory to the Medical Board,

designed for the purpose of restoring an impaired person to a

condition whereby the impaired person can practice medicine

with reasonable skill and safety of a sufficient degree to

deliver competent patient care.

"Reinstate" means to change the status of a license or

permit from inactive or nonrenewed status to active status.

"Restore" means to remove an encumbrance from a license

due to probation, suspension, or revocation.

"Secretary" means the Secretary of Financial and

Professional Regulation.

(Source: P.A. 102-20, eff. 1-1-22.)

(225 ILCS 60/66 new)

Sec. 66. Temporary permit for health care.

(a) The Department may issue a temporary permit to an

applicant who is licensed to practice as a physician in

another state. The temporary permit will authorize the

practice of providing health care to patients in this State if

all of the following apply:

(1) The Department determines that the applicant's

services will improve the welfare of Illinois residents

and non-residents requiring health care services.

(2) The applicant has graduated from a medical program

officially recognized by the jurisdiction in which it is

located for the purpose of receiving a license to practice

medicine in all of its branches, and maintains an

equivalent authorization to practice medicine in good

standing in the applicant's current state or territory of

licensure; and the applicant can furnish the Department

with a certified letter upon request from that

jurisdiction attesting to the fact that the applicant has

no pending action or violations against the applicant's

license.

The Department will not consider a physician's license

being revoked or otherwise disciplined by any state or

territory based solely on the physician providing,

authorizing, recommending, aiding, assisting, referring

for, or otherwise participating in any health care service

that is unlawful or prohibited in that state or territory,

if the provision of, authorization of, or participation in

that health care, medical service, or procedure related to

any health care service is not unlawful or prohibited in

this State.

(3) The applicant has sufficient training and

possesses the appropriate core competencies to provide

health care services, and is physically, mentally, and

professionally capable of practicing medicine with

reasonable judgment, skill, and safety and in accordance

with applicable standards of care.

(4) The applicant will be working pursuant to an

agreement with a sponsoring licensed hospital, medical

office, clinic, or other medical facility providing

abortion or other health care services. Such agreement

shall be executed by an authorized representative of the

licensed hospital, medical office, clinic, or other

medical facility, certifying that the physician holds an

active license and is in good standing in the state in

which they are licensed. If an applicant for a temporary

permit has been previously disciplined by another

jurisdiction, except as described in paragraph (2) of

subsection (a), further review may be conducted pursuant

to the Civil Administrative Code of Illinois and this Act.

The application shall include the physician's name,

contact information, state of licensure, and license

number.

(5) Payment of a $75 fee.

The sponsoring licensed hospital, medical office, clinic,

or other medical facility engaged in the agreement with the

applicant shall notify the Department should the applicant at

any point leave or become separate from the sponsor.

The Department may adopt rules pursuant to this Section.

(b) A temporary permit under this Section shall expire 2

years after the date of issuance. The temporary permit may be

renewed for a $45 fee for an additional 2 years. A holder of a

temporary permit may only renew one time.

(c) The temporary permit shall only permit the holder to

practice medicine within the scope of providing health care

services at the location or locations specified on the permit.

(d) An application for the temporary permit shall be made

to the Department, in writing, on forms prescribed by the

Department, and shall be accompanied by a non-refundable fee

of $75. The Department shall grant or deny an applicant a

temporary permit within 60 days of receipt of a completed

application. The Department shall notify the applicant of any

deficiencies in the applicant's application materials

requiring corrections in a timely manner.

(e) An applicant for temporary permit may be requested to

appear before the Board to respond to questions concerning the

applicant's qualifications to receive the permit. An

applicant's refusal to appear before the Illinois State

Medical Board may be grounds for denial of the application by

the Department.

(f) The Secretary may summarily cancel any temporary

permit issued pursuant to this Section, without a hearing, if

the Secretary finds that evidence in his or her possession

indicates that a permit holder's continuation in practice

would constitute an imminent danger to the public or violate

any provision of this Act or its rules. If the Secretary

summarily cancels a temporary permit issued pursuant to this

Section or Act, the permit holder may petition the Department

for a hearing in accordance with the provisions of Section 43

of this Act to restore his or her permit, unless the permit

holder has exceeded his or her renewal limit.

(g) In addition to terminating any temporary permit issued

pursuant to this Section or Act, the Department may issue a

monetary penalty not to exceed $10,000 upon the temporary

permit holder and may notify any state in which the temporary

permit holder has been issued a permit that his or her Illinois

permit has been terminated and the reasons for the

termination. The monetary penalty shall be paid within 60 days

after the effective date of the order imposing the penalty.

The order shall constitute a judgment and may be filed and

execution had thereon in the same manner as any judgment from

any court of record. It is the intent of the General Assembly

that a permit issued pursuant to this Section shall be

considered a privilege and not a property right.

(h) While working in Illinois, all temporary permit

holders are subject to all statutory and regulatory

requirements of this Act in the same manner as a licensee.

Failure to adhere to all statutory and regulatory requirements

may result in revocation or other discipline of the temporary

permit.

(i) If the Department becomes aware of a violation

occurring at the licensed hospital, medical office, clinic, or

other medical facility or via telehealth practice, the

Department shall notify the Department of Public Health.

(j) The Department may adopt emergency rules pursuant to

this Section. The General Assembly finds that the adoption of

rules to implement a temporary permit for health care services

is deemed an emergency and necessary for the public interest,

safety, and welfare.

Section 8-15. The Nurse Practice Act is amended by adding

Sections 65-11 and 65-11.5 as follows:

(225 ILCS 65/65-11 new)

Sec. 65-11. Temporary permit for advanced practice

registered nurses for health care.

(a) The Department may issue a temporary permit to an

applicant who is licensed to practice as an advanced practice

registered nurse in another state. The temporary permit will

authorize the practice of providing health care to patients in

this State, with a collaborating physician in this State, if

all of the following apply:

(1) The Department determines that the applicant's

services will improve the welfare of Illinois residents

and non-residents requiring health care services.

(2) The applicant has obtained a graduate degree

appropriate for national certification in a clinical

advanced practice registered nursing specialty or a

graduate degree or post-master's certificate from a

graduate level program in a clinical advanced practice

registered nursing specialty; the applicant has submitted

verification of licensure status in good standing in the

applicant's current state or territory of licensure; and

the applicant can furnish the Department with a certified

letter upon request from that jurisdiction attesting to

the fact that the applicant has no pending action or

violations against the applicant's license.

The Department will not consider an advanced practice

registered nurse's license being revoked or otherwise

disciplined by any state or territory based solely on the

advanced practice registered nurse providing, authorizing,

recommending, aiding, assisting, referring for, or

otherwise participating in any health care service that is

unlawful or prohibited in that state or territory, if the

provision of, authorization of, or participation in that

health care, medical service, or procedure related to any

health care service is not unlawful or prohibited in this

State.

(3) The applicant has sufficient training and

possesses the appropriate core competencies to provide

health care services, and is physically, mentally, and

professionally capable of practicing as an advanced

practice registered nurse with reasonable judgment, skill,

and safety and in accordance with applicable standards of

care.

(4) The applicant has met the written collaborative

agreement requirements under Section 65-35.

(5) The applicant will be working pursuant to an

agreement with a sponsoring licensed hospital, medical

office, clinic, or other medical facility providing health

care services. Such agreement shall be executed by an

authorized representative of the licensed hospital,

medical office, clinic, or other medical facility,

certifying that the advanced practice registered nurse

holds an active license and is in good standing in the

state in which they are licensed. If an applicant for a

temporary permit has been previously disciplined by

another jurisdiction, except as described in paragraph (2)

of subsection (a), further review may be conducted

pursuant to the Civil Administrative Code of Illinois and

this Act. The application shall include the advanced

practice registered nurse's name, contact information,

state of licensure, and license number.

(6) Payment of a $75 fee.

The sponsoring licensed hospital, medical office, clinic,

or other medical facility engaged in the agreement with the

applicant shall notify the Department should the applicant at

any point leave or become separate from the sponsor.

The Department may adopt rules to carry out this Section.

(b) A temporary permit under this Section shall expire 2

years after the date of issuance. The temporary permit may be

renewed for a $45 fee for an additional 2 years. A holder of a

temporary permit may only renew one time.

(c) The temporary permit shall only permit the holder to

practice as an advanced practice registered nurse with a

collaborating physician who provides health care services at

the location or locations specified on the permit or via

telehealth.

(d) An application for the temporary permit shall be made

to the Department, in writing, on forms prescribed by the

Department, and shall be accompanied by a non-refundable fee

of $75. The Department shall grant or deny an applicant a

temporary permit within 60 days of receipt of a completed

application. The Department shall notify the applicant of any

deficiencies in the applicant's application materials

requiring corrections in a timely manner.

(e) An applicant for temporary permit may be requested to

appear before the Board to respond to questions concerning the

applicant's qualifications to receive the permit. An

applicant's refusal to appear before the Board of Nursing may

be grounds for denial of the application by the Department.

(f) The Secretary may summarily cancel any temporary

permit issued pursuant to this Section, without a hearing, if

the Secretary finds that evidence in his or her possession

indicates that a permit holder's continuation in practice

would constitute an imminent danger to the public or violate

any provision of this Act or its rules.

If the Secretary summarily cancels a temporary permit

issued pursuant to this Section or Act, the permit holder may

petition the Department for a hearing in accordance with the

provisions of Section 70-125 to restore his or her permit,

unless the permit holder has exceeded his or her renewal

limit.

(g) In addition to terminating any temporary permit issued

pursuant to this Section or Act, the Department may issue a

monetary penalty not to exceed $10,000 upon the temporary

permit holder and may notify any state in which the temporary

permit holder has been issued a permit that his or her Illinois

permit has been terminated and the reasons for the

termination. The monetary penalty shall be paid within 60 days

after the effective date of the order imposing the penalty.

The order shall constitute a judgment and may be filed, and

execution had thereon in the same manner as any judgment from

any court of record. It is the intent of the General Assembly

that a permit issued pursuant to this Section shall be

considered a privilege and not a property right.

(h) While working in Illinois, all temporary permit

holders are subject to all statutory and regulatory

requirements of this Act in the same manner as a licensee.

Failure to adhere to all statutory and regulatory requirements

may result in revocation or other discipline of the temporary

permit.

(i) If the Department becomes aware of a violation

occurring at the licensed hospital, medical office, clinic, or

other medical facility, or via telehealth service, the

Department shall notify the Department of Public Health.

(j) The Department may adopt emergency rules pursuant to

this Section. The General Assembly finds that the adoption of

rules to implement a temporary permit for health care services

is deemed an emergency and necessary for the public interest,

safety, and welfare.

(225 ILCS 65/65-11.5 new)

Sec. 65-11.5. Temporary permit for full practice advanced

practice registered nurses for health care.

(a) The Department may issue a full practice advanced

practice registered nurse temporary permit to an applicant who

is licensed to practice as an advanced practice registered

nurse in another state. The temporary permit will authorize

the practice of providing health care to patients in this

State if all of the following apply:

(1) The Department determines that the applicant's

services will improve the welfare of Illinois residents

and non-residents requiring health care services.

(2) The applicant has obtained a graduate degree

appropriate for national certification in a clinical

advanced practice registered nursing specialty or a

graduate degree or post-master's certificate from a

graduate level program in a clinical advanced practice

registered nursing specialty; the applicant is certified

as a nurse practitioner, nurse midwife, or clinical nurse

specialist; the applicant has submitted verification of

licensure status in good standing in the applicant's

current state or territory of licensure; and the applicant

can furnish the Department with a certified letter upon

request from that jurisdiction attesting to the fact that

the applicant has no pending action or violations against

the applicant's license.

The Department shall not consider an advanced practice

registered nurse's license being revoked or otherwise

disciplined by any state or territory for the provision

of, authorization of, or participation in any health care,

medical service, or procedure related to an abortion on

the basis that such health care, medical service, or

procedure related to an abortion is unlawful or prohibited

in that state or territory, if the provision of,

authorization of, or participation in that health care,

medical service, or procedure related to an abortion is

not unlawful or prohibited in this State.

(3) The applicant has sufficient training and

possesses the appropriate core competencies to provide

health care services, and is physically, mentally, and

professionally capable of practicing as an advanced

practice registered nurse with reasonable judgment, skill,

and safety and in accordance with applicable standards of

care.

(4) The applicant will be working pursuant to an

agreement with a sponsoring licensed hospital, medical

office, clinic, or other medical facility providing health

care services. Such agreement shall be executed by an

authorized representative of the licensed hospital,

medical office, clinic, or other medical facility,

certifying that the advanced practice registered nurse

holds an active license and is in good standing in the

state in which they are licensed. If an applicant for a

temporary permit has been previously disciplined by

another jurisdiction, except as described in paragraph (2)

of subsection (a), further review may be conducted

pursuant to the Civil Administrative Code of Illinois and

this Act. The application shall include the advanced

practice registered nurse's name, contact information,

state of licensure, and license number.

(5) Payment of a $75 fee.

The sponsoring licensed hospital, medical office, clinic,

or other medical facility engaged in the agreement with the

applicant shall notify the Department should the applicant at

any point leave or become separate from the sponsor.

The Department may adopt rules to carry out this Section.

(b) A temporary permit under this Section shall expire 2

years after the date of issuance. The temporary permit may be

renewed for a $45 fee for an additional 2 years. A holder of a

temporary permit may only renew one time.

(c) The temporary permit shall only permit the holder to

practice as a full practice advanced practice registered nurse

within the scope of providing health care services at the

location or locations specified on the permit or via

telehealth service.

(d) An application for the temporary permit shall be made

to the Department, in writing, on forms prescribed by the

Department, and shall be accompanied by a non-refundable fee

of $75.

(e) An applicant for temporary permit may be requested to

appear before the Board to respond to questions concerning the

applicant's qualifications to receive the permit. An

applicant's refusal to appear before the Board of Nursing may

be grounds for denial of the application by the Department.

(f) The Secretary may summarily cancel any temporary

permit issued pursuant to this Section, without a hearing, if

the Secretary finds that evidence in his or her possession

indicates that a permit holder's continuation in practice

would constitute an imminent danger to the public or violate

any provision of this Act or its rules.

If the Secretary summarily cancels a temporary permit

issued pursuant to this Section or Act, the permit holder may

petition the Department for a hearing in accordance with the

provisions of Section 70-125 of this Act to restore his or her

permit, unless the permit holder has exceeded his or her

renewal limit.

(g) In addition to terminating any temporary permit issued

pursuant to this Section or Act, the Department may issue a

monetary penalty not to exceed $10,000 upon the temporary

permit holder and may notify any state in which the temporary

permit holder has been issued a permit that his or her Illinois

permit has been terminated and the reasons for the

termination. The monetary penalty shall be paid within 60 days

after the effective date of the order imposing the penalty.

The order shall constitute a judgment and may be filed, and

execution had thereon in the same manner as any judgment from

any court of record. It is the intent of the General Assembly

that a permit issued pursuant to this Section shall be

considered a privilege and not a property right.

(h) While working in Illinois, all temporary permit

holders are subject to all statutory and regulatory

requirements of this Act in the same manner as a licensee.

Failure to adhere to all statutory and regulatory requirements

may result in revocation or other discipline of the temporary

permit.

(i) If the Department becomes aware of a violation

occurring at the licensed hospital, medical office, clinic, or

other medical facility, or via telehealth service, the

Department shall notify the Department of Public Health.

(j) The Department may adopt emergency rules pursuant to

this Section. The General Assembly finds that the adoption of

rules to implement a temporary permit for health care services

is deemed an emergency and necessary for the public interest,

safety, and welfare.

Article 9.

Section 9-5. The Behavior Analyst Licensing Act is amended

by changing Section 60 as follows:

(225 ILCS 6/60)

(Section scheduled to be repealed on January 1, 2028)

Sec. 60. Grounds for disciplinary action.

(a) The Department may refuse to issue or renew a license,

or may suspend, revoke, place on probation, reprimand, or take

any other disciplinary or nondisciplinary action deemed

appropriate by the Department, including the imposition of

fines not to exceed $10,000 for each violation, with regard to

any license issued under the provisions of this Act for any one

or a combination of the following grounds:

(1) material misstatements in furnishing information

to the Department or to any other State agency or in

furnishing information to any insurance company with

respect to a claim on behalf of a licensee or a patient;

(2) violations or negligent or intentional disregard

of this Act or its rules;

(3) conviction of or entry of a plea of guilty or nolo

contendere, finding of guilt, jury verdict, or entry of

judgment or sentencing, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony or (ii) a misdemeanor, an essential element

of which is dishonesty, or that is directly related to the

practice of behavior analysis;

(4) fraud or misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal or restoration of a license under

this Act;

(5) professional incompetence;

(6) gross negligence in practice under this Act;

(7) aiding or assisting another person in violating

any provision of this Act or its rules;

(8) failing to provide information within 60 days in

response to a written request made by the Department;

(9) engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public as defined by the rules of the

Department or violating the rules of professional conduct

adopted by the Department;

(10) habitual or excessive use or abuse of drugs

defined in law as controlled substances, of alcohol, or of

any other substances that results in the inability to

practice with reasonable judgment, skill, or safety;

(11) adverse action taken by another state or

jurisdiction if at least one of the grounds for the

discipline is the same or substantially equivalent to

those set forth in this Section;

(12) directly or indirectly giving to or receiving

from any person, firm, corporation, partnership, or

association any fee, commission, rebate, or other form of

compensation for any professional service not actually

rendered; nothing in this paragraph affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law; any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this

Act; nothing in this paragraph shall be construed to

require an employment arrangement to receive professional

fees for services rendered;

(13) a finding by the Department that the licensee,

after having the license placed on probationary status,

has violated the terms of probation or failed to comply

with those terms;

(14) abandonment, without cause, of a client;

(15) willfully making or filing false records or

reports relating to a licensee's practice, including, but

not limited to, false records filed with federal or State

agencies or departments;

(16) willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act;

(17) being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act, and

upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act;

(18) physical illness, mental illness, or any other

impairment or disability, including, but not limited to,

deterioration through the aging process, or loss of motor

skills that results in the inability to practice the

profession with reasonable judgment, skill, or safety;

(19) solicitation of professional services by using

false or misleading advertising;

(20) violation of the Health Care Worker Self-Referral

Act;

(21) willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act; or

(22) being named as an abuser in a verified report by

the Department on Aging under the Adult Protective

Services Act, and upon proof by clear and convincing

evidence that the licensee abused, neglected, or

financially exploited an eligible adult as defined in the

Adult Protective Services Act.

(b) The determination by a court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code shall result in an automatic suspension of the licensee's

license. The suspension shall end upon a finding by a court

that the licensee is no longer subject to involuntary

admission or judicial admission and issues an order so finding

and discharging the patient, and upon the recommendation of

the Board to the Secretary that the licensee be allowed to

resume professional practice.

(c) The Department shall refuse to issue or renew or may

suspend the license of a person who (i) fails to file a tax

return, pay the tax, penalty, or interest shown in a filed tax

return, or pay any final assessment of tax, penalty, or

interest, as required by any tax Act administered by the

Department of Revenue, until the requirements of the tax Act

are satisfied or (ii) has failed to pay any court-ordered

child support as determined by a court order or by referral

from the Department of Healthcare and Family Services.

(c-1) The Department shall not revoke, suspend, place on

probation, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action against the

license or permit issued under this Act based solely upon the

licensed behavior analyst recommending, aiding, assisting,

referring for, or participating in any health care service, so

long as the care was not unlawful under the laws of this State,

regardless of whether the patient was a resident of this State

or another state.

(c-2) The Department shall not revoke, suspend, place on

prohibition, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action against the

license or permit issued under this Act to practice as a

licensed behavior analyst based upon the licensed behavior

analyst's license being revoked or suspended, or the licensed

behavior analyst being otherwise disciplined by any other

state, if that revocation, suspension, or other form of

discipline was based solely on the licensed behavior analyst

violating another state's laws prohibiting the provision of,

authorization of, recommendation of, aiding or assisting in,

referring for, or participation in any health care service if

that health care service as provided would not have been

unlawful under the laws of this State and is consistent with

the standards of conduct for a licensed behavior analyst

practicing in Illinois.

(c-3) The conduct specified in subsections (c-1) and (c-2)

shall not constitute grounds for suspension under Section 125.

(c-4) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a licensed behavior analyst based solely upon the

license of a licensed behavior analyst being revoked or the

licensed behavior analyst being otherwise disciplined by any

other state or territory other than Illinois for the referral

for or having otherwise participated in any health care

service, if the revocation or disciplinary action was based

solely on a violation of the other state's law prohibiting

such health care services in the state, for a resident of the

state, or in any other state.

(d) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel a person licensed

to practice under this Act, or who has applied for licensure

under this Act, to submit to a mental or physical examination,

or both, which may include a substance abuse or sexual

offender evaluation, as required by and at the expense of the

Department.

(1) The Department shall specifically designate the

examining physician licensed to practice medicine in all

of its branches or, if applicable, the multidisciplinary

team involved in providing the mental or physical

examination or both. The multidisciplinary team shall be

led by a physician licensed to practice medicine in all of

its branches and may consist of one or more or a

combination of physicians licensed to practice medicine in

all of its branches, licensed clinical psychologists,

licensed clinical professional counselors, and other

professional and administrative staff. Any examining

physician or member of the multidisciplinary team may

require any person ordered to submit to an examination

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not

limited to, blood testing, urinalysis, psychological

testing, or neuropsychological testing.

(2) The Department may order the examining physician

or any member of the multidisciplinary team to present

testimony concerning this mental or physical examination

of the licensee or applicant. No information, report,

record, or other documents in any way related to the

examination shall be excluded by reason of any common law

or statutory privilege relating to communications between

the licensee or applicant and the examining physician or

any member of the multidisciplinary team. No authorization

is necessary from the licensee or applicant ordered to

undergo an examination for the examining physician or any

member of the multidisciplinary team to provide

information, reports, records, or other documents or to

provide any testimony regarding the examination and

evaluation.

(3) The person to be examined may have, at the

person's own expense, another physician of the person's

choice present during all aspects of the examination.

However, that physician shall be present only to observe

and may not interfere in any way with the examination.

(4) The failure of any person to submit to a mental or

physical examination without reasonable cause, when

ordered, shall result in an automatic suspension of the

person's license until the person submits to the

examination.

(e) If the Department finds a person unable to practice

because of the reasons set forth in this Section, the

Department or Board may require that person to submit to care,

counseling, or treatment by physicians approved or designated

by the Department or Board, as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice; or, in lieu of care, counseling, or treatment, the

Department may file, or the Board may recommend to the

Department to file, a complaint to immediately suspend,

revoke, or otherwise discipline the license of the person. Any

person whose license was granted, continued, reinstated,

renewed, disciplined, or supervised subject to the terms,

conditions, or restrictions, and who fails to comply with the

terms, conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the person shall

have the person's license suspended immediately, pending a

hearing by the Department.

(f) All fines imposed shall be paid within 60 days after

the effective date of the order imposing the fine or in

accordance with the terms set forth in the order imposing the

fine.

If the Secretary immediately suspends a person's license

under this subsection, a hearing on that person's license must

be convened by the Department within 30 days after the

suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

subject person's record of treatment and counseling regarding

the impairment, to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

A person licensed under this Act and affected under this

Section shall be afforded an opportunity to demonstrate to the

Department or Board that the person can resume practice in

compliance with acceptable and prevailing standards under the

provisions of the person's license.

(g) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 102-953, eff. 5-27-22.)

Section 9-10. The Clinical Psychologist Licensing Act is

amended by changing Section 15 as follows:

(225 ILCS 15/15)  (from Ch. 111, par. 5365)

(Section scheduled to be repealed on January 1, 2027)

Sec. 15. Disciplinary action; grounds.

(a) The Department may refuse to issue, refuse to renew,

suspend, or revoke any license, or may place on probation,

reprimand, or take other disciplinary or non-disciplinary

action deemed appropriate by the Department, including the

imposition of fines not to exceed $10,000 for each violation,

with regard to any license issued under the provisions of this

Act for any one or a combination of the following reasons:

(1) Conviction of, or entry of a plea of guilty or nolo

contendere to, any crime that is a felony under the laws of

the United States or any state or territory thereof or

that is a misdemeanor of which an essential element is

dishonesty, or any crime that is directly related to the

practice of the profession.

(2) Gross negligence in the rendering of clinical

psychological services.

(3) Using fraud or making any misrepresentation in

applying for a license or in passing the examination

provided for in this Act.

(4) Aiding or abetting or conspiring to aid or abet a

person, not a clinical psychologist licensed under this

Act, in representing himself or herself as so licensed or

in applying for a license under this Act.

(5) Violation of any provision of this Act or the

rules promulgated thereunder.

(6) Professional connection or association with any

person, firm, association, partnership or corporation

holding himself, herself, themselves, or itself out in any

manner contrary to this Act.

(7) Unethical, unauthorized or unprofessional conduct

as defined by rule. In establishing those rules, the

Department shall consider, though is not bound by, the

ethical standards for psychologists promulgated by

recognized national psychology associations.

(8) Aiding or assisting another person in violating

any provisions of this Act or the rules promulgated

thereunder.

(9) Failing to provide, within 60 days, information in

response to a written request made by the Department.

(10) Habitual or excessive use or addiction to

alcohol, narcotics, stimulants, or any other chemical

agent or drug that results in a clinical psychologist's

inability to practice with reasonable judgment, skill or

safety.

(11) Discipline by another state, territory, the

District of Columbia or foreign country, if at least one

of the grounds for the discipline is the same or

substantially equivalent to those set forth herein.

(12) Directly or indirectly giving or receiving from

any person, firm, corporation, association or partnership

any fee, commission, rebate, or other form of compensation

for any professional service not actually or personally

rendered. Nothing in this paragraph (12) affects any bona

fide independent contractor or employment arrangements

among health care professionals, health facilities, health

care providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this

Act. Nothing in this paragraph (12) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(13) A finding that the licensee, after having his or

her license placed on probationary status, has violated

the terms of probation.

(14) Willfully making or filing false records or

reports, including but not limited to, false records or

reports filed with State agencies or departments.

(15) Physical illness, including but not limited to,

deterioration through the aging process, mental illness or

disability that results in the inability to practice the

profession with reasonable judgment, skill and safety.

(16) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(17) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to the Abused and Neglected Child Reporting Act,

and upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(18) Violation of the Health Care Worker Self-Referral

Act.

(19) Making a material misstatement in furnishing

information to the Department, any other State or federal

agency, or any other entity.

(20) Failing to report to the Department any adverse

judgment, settlement, or award arising from a liability

claim related to an act or conduct similar to an act or

conduct that would constitute grounds for action as set

forth in this Section.

(21) Failing to report to the Department any adverse

final action taken against a licensee or applicant by

another licensing jurisdiction, including any other state

or territory of the United States or any foreign state or

country, or any peer review body, health care institution,

professional society or association related to the

profession, governmental agency, law enforcement agency,

or court for an act or conduct similar to an act or conduct

that would constitute grounds for disciplinary action as

set forth in this Section.

(22) Prescribing, selling, administering,

distributing, giving, or self-administering (A) any drug

classified as a controlled substance (designated product)

for other than medically accepted therapeutic purposes or

(B) any narcotic drug.

(23) Violating state or federal laws or regulations

relating to controlled substances, legend drugs, or

ephedra as defined in the Ephedra Prohibition Act.

(24) Exceeding the terms of a collaborative agreement

or the prescriptive authority delegated to a licensee by

his or her collaborating physician or established under a

written collaborative agreement.

The entry of an order by any circuit court establishing

that any person holding a license under this Act is subject to

involuntary admission or judicial admission as provided for in

the Mental Health and Developmental Disabilities Code,

operates as an automatic suspension of that license. That

person may have his or her license restored only upon the

determination by a circuit court that the patient is no longer

subject to involuntary admission or judicial admission and the

issuance of an order so finding and discharging the patient

and upon the Board's recommendation to the Department that the

license be restored. Where the circumstances so indicate, the

Board may recommend to the Department that it require an

examination prior to restoring any license so automatically

suspended.

The Department shall refuse to issue or suspend the

license of any person who fails to file a return, or to pay the

tax, penalty or interest shown in a filed return, or to pay any

final assessment of the tax penalty or interest, as required

by any tax Act administered by the Illinois Department of

Revenue, until such time as the requirements of any such tax

Act are satisfied.

In enforcing this Section, the Department or Board upon a

showing of a possible violation may compel any person licensed

to practice under this Act, or who has applied for licensure or

certification pursuant to this Act, to submit to a mental or

physical examination, or both, as required by and at the

expense of the Department. The examining physicians or

clinical psychologists shall be those specifically designated

by the Department. The Board or the Department may order the

examining physician or clinical psychologist to present

testimony concerning this mental or physical examination of

the licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician or clinical psychologist. The person to be

examined may have, at his or her own expense, another

physician or clinical psychologist of his or her choice

present during all aspects of the examination. Failure of any

person to submit to a mental or physical examination, when

directed, shall be grounds for suspension of a license until

the person submits to the examination if the Department or

Board finds, after notice and hearing, that the refusal to

submit to the examination was without reasonable cause.

If the Department or Board finds a person unable to

practice because of the reasons set forth in this Section, the

Department or Board may require that person to submit to care,

counseling or treatment by physicians or clinical

psychologists approved or designated by the Department, as a

condition, term, or restriction for continued, reinstated, or

renewed licensure to practice; or, in lieu of care, counseling

or treatment, the Board may recommend to the Department to

file or the Department may file a complaint to immediately

suspend, revoke or otherwise discipline the license of the

person. Any person whose license was granted, continued,

reinstated, renewed, disciplined or supervised subject to such

terms, conditions or restrictions, and who fails to comply

with such terms, conditions or restrictions, shall be referred

to the Secretary for a determination as to whether the person

shall have his or her license suspended immediately, pending a

hearing by the Board.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that

person's license must be convened by the Board within 15 days

after the suspension and completed without appreciable delay.

The Board shall have the authority to review the subject

person's record of treatment and counseling regarding the

impairment, to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

A person licensed under this Act and affected under this

Section shall be afforded an opportunity to demonstrate to the

Board that he or she can resume practice in compliance with

acceptable and prevailing standards under the provisions of

his or her license.

(b) The Department shall not revoke, suspend, place on

probation, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action against the

license or permit issued under this Act based solely upon the

licensed clinical psychologist recommending, aiding,

assisting, referring for, or participating in any health care

service, so long as the care was not unlawful under the laws of

this State, regardless of whether the patient was a resident

of this State or another state.

(c) The Department shall not revoke, suspend, place on

prohibition, reprimand, refuse to issue or renew, or take any

other disciplinary or non-disciplinary action against the

license or permit issued under this Act to practice as a

licensed clinical psychologist based upon the licensed

clinical psychologist's license being revoked or suspended, or

the licensed clinical psychologist being otherwise disciplined

by any other state, if that revocation, suspension, or other

form of discipline was based solely on the licensed clinical

psychologist violating another state's laws prohibiting the

provision of, authorization of, recommendation of, aiding or

assisting in, referring for, or participation in any health

care service if that health care service as provided would not

have been unlawful under the laws of this State and is

consistent with the standards of conduct for a licensed

clinical psychologist practicing in Illinois.

(d) The conduct specified in subsections (b) and (c) shall

not constitute grounds for suspension under Section 21.6.

(e) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a licensed clinical psychologist based solely upon

the license of a licensed clinical psychologist being revoked

or the licensed clinical psychologist being otherwise

disciplined by any other state or territory other than

Illinois for the referral for or having otherwise participated

in any health care service, if the revocation or disciplinary

action was based solely on a violation of the other state's law

prohibiting such health care services in the state, for a

resident of the state, or in any other state.

(f) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)

Section 9-15. The Clinical Social Work and Social Work

Practice Act is amended by changing Section 19 as follows:

(225 ILCS 20/19)  (from Ch. 111, par. 6369)

(Section scheduled to be repealed on January 1, 2028)

Sec. 19. Grounds for disciplinary action.

(1) The Department may refuse to issue or renew a license,

or may suspend, revoke, place on probation, reprimand, or take

any other disciplinary or non-disciplinary action deemed

appropriate by the Department, including the imposition of

fines not to exceed $10,000 for each violation, with regard to

any license issued under the provisions of this Act for any one

or a combination of the following grounds:

(a) material misstatements in furnishing information

to the Department or to any other State agency or in

furnishing information to any insurance company with

respect to a claim on behalf of a licensee or a patient;

(b) violations or negligent or intentional disregard

of this Act, or any of the rules promulgated hereunder;

(c) conviction of or entry of a plea of guilty or nolo

contendere, finding of guilt, jury verdict, or entry of

judgment or sentencing, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony or (ii) a misdemeanor, an essential element

of which is dishonesty, or that is directly related to the

practice of the clinical social work or social work

professions;

(d) fraud or misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal or restoration of a license under

this Act;

(e) professional incompetence;

(f) gross negligence in practice under this Act;

(g) aiding or assisting another person in violating

any provision of this Act or its rules;

(h) failing to provide information within 60 days in

response to a written request made by the Department;

(i) engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud or harm the public as defined by the rules of the

Department, or violating the rules of professional conduct

adopted by the Department;

(j) habitual or excessive use or abuse of drugs

defined in law as controlled substances, of alcohol, or of

any other substances that results in the inability to

practice with reasonable judgment, skill, or safety;

(k) adverse action taken by another state or

jurisdiction, if at least one of the grounds for the

discipline is the same or substantially equivalent to

those set forth in this Section;

(l) directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate or other form of compensation

for any professional service not actually rendered.

Nothing in this paragraph (l) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this

Act. Nothing in this paragraph (l) shall be construed to

require an employment arrangement to receive professional

fees for services rendered;

(m) a finding by the Department that the licensee,

after having the license placed on probationary status,

has violated the terms of probation or failed to comply

with such terms;

(n) abandonment, without cause, of a client;

(o) willfully making or filing false records or

reports relating to a licensee's practice, including, but

not limited to, false records filed with Federal or State

agencies or departments;

(p) willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act;

(q) being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act, and

upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act;

(r) physical illness, mental illness, or any other

impairment or disability, including, but not limited to,

deterioration through the aging process, or loss of motor

skills that results in the inability to practice the

profession with reasonable judgment, skill or safety;

(s) solicitation of professional services by using

false or misleading advertising;

(t) violation of the Health Care Worker Self-Referral

Act;

(u) willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act; or

(v) being named as an abuser in a verified report by

the Department on Aging under the Adult Protective

Services Act, and upon proof by clear and convincing

evidence that the licensee abused, neglected, or

financially exploited an eligible adult as defined in the

Adult Protective Services Act.

(2) (Blank).

(3) The determination by a court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code, will result in an automatic suspension of his license.

Such suspension will end upon a finding by a court that the

licensee is no longer subject to involuntary admission or

judicial admission and issues an order so finding and

discharging the patient, and upon the recommendation of the

Board to the Secretary that the licensee be allowed to resume

professional practice.

(4) The Department shall refuse to issue or renew or may

suspend the license of a person who (i) fails to file a return,

pay the tax, penalty, or interest shown in a filed return, or

pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Department of

Revenue, until the requirements of the tax Act are satisfied

or (ii) has failed to pay any court-ordered child support as

determined by a court order or by referral from the Department

of Healthcare and Family Services.

(4.5) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against a license or permit issued under this Act based

solely upon the licensed clinical social worker authorizing,

recommending, aiding, assisting, referring for, or otherwise

participating in any health care service, so long as the care

was not unlawful under the laws of this State, regardless of

whether the patient was a resident of this State or another

state.

(4.10) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a licensed clinical social worker based upon the

licensed clinical social worker's license being revoked or

suspended, or the licensed clinical social worker being

otherwise disciplined by any other state, if that revocation,

suspension, or other form of discipline was based solely on

the licensed clinical social worker violating another state's

laws prohibiting the provision of, authorization of,

recommendation of, aiding or assisting in, referring for, or

participation in any health care service if that health care

service as provided would not have been unlawful under the

laws of this State and is consistent with the standards of

conduct for a licensed clinical social worker practicing in

Illinois.

(4.15) The conduct specified in subsections (4.5) and

(4.10) shall not constitute grounds for suspension under

Section 32.

(4.20) An applicant seeking licensure, certification, or

authorization pursuant to this Act who has been subject to

disciplinary action by a duly authorized professional

disciplinary agency of another jurisdiction solely on the

basis of having authorized, recommended, aided, assisted,

referred for, or otherwise participated in health care shall

not be denied such licensure, certification, or authorization,

unless the Department determines that such action would have

constituted professional misconduct in this State; however,

nothing in this Section shall be construed as prohibiting the

Department from evaluating the conduct of such applicant and

making a determination regarding the licensure, certification,

or authorization to practice a profession under this Act.

(5)(a) In enforcing this Section, the Department or Board,

upon a showing of a possible violation, may compel a person

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, which may include a substance abuse or

sexual offender evaluation, as required by and at the expense

of the Department.

(b) The Department shall specifically designate the

examining physician licensed to practice medicine in all of

its branches or, if applicable, the multidisciplinary team

involved in providing the mental or physical examination or

both. The multidisciplinary team shall be led by a physician

licensed to practice medicine in all of its branches and may

consist of one or more or a combination of physicians licensed

to practice medicine in all of its branches, licensed clinical

psychologists, licensed clinical social workers, licensed

clinical professional counselors, and other professional and

administrative staff. Any examining physician or member of the

multidisciplinary team may require any person ordered to

submit to an examination pursuant to this Section to submit to

any additional supplemental testing deemed necessary to

complete any examination or evaluation process, including, but

not limited to, blood testing, urinalysis, psychological

testing, or neuropsychological testing.

(c) The Board or the Department may order the examining

physician or any member of the multidisciplinary team to

present testimony concerning this mental or physical

examination of the licensee or applicant. No information,

report, record, or other documents in any way related to the

examination shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician or any

member of the multidisciplinary team. No authorization is

necessary from the licensee or applicant ordered to undergo an

examination for the examining physician or any member of the

multidisciplinary team to provide information, reports,

records, or other documents or to provide any testimony

regarding the examination and evaluation.

(d) The person to be examined may have, at his or her own

expense, another physician of his or her choice present during

all aspects of the examination. However, that physician shall

be present only to observe and may not interfere in any way

with the examination.

(e) Failure of any person to submit to a mental or physical

examination without reasonable cause, when ordered, shall

result in an automatic suspension of his or her license until

the person submits to the examination.

(f) If the Department or Board finds a person unable to

practice because of the reasons set forth in this Section, the

Department or Board may require that person to submit to care,

counseling, or treatment by physicians approved or designated

by the Department or Board, as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice; or, in lieu of care, counseling or treatment, the

Department may file, or the Board may recommend to the

Department to file, a complaint to immediately suspend,

revoke, or otherwise discipline the license of the person. Any

person whose license was granted, continued, reinstated,

renewed, disciplined or supervised subject to such terms,

conditions or restrictions, and who fails to comply with such

terms, conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the person shall

have his or her license suspended immediately, pending a

hearing by the Department.

(g) All fines imposed shall be paid within 60 days after

the effective date of the order imposing the fine or in

accordance with the terms set forth in the order imposing the

fine.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that

person's license must be convened by the Department within 30

days after the suspension and completed without appreciable

delay. The Department and Board shall have the authority to

review the subject person's record of treatment and counseling

regarding the impairment, to the extent permitted by

applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

A person licensed under this Act and affected under this

Section shall be afforded an opportunity to demonstrate to the

Department or Board that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(h) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 100-414, eff. 8-25-17.)

Section 9-20. The Marriage and Family Therapy Licensing

Act is amended by changing Section 85 as follows:

(225 ILCS 55/85)  (from Ch. 111, par. 8351-85)

(Section scheduled to be repealed on January 1, 2027)

Sec. 85. Refusal, revocation, or suspension.

(a) The Department may refuse to issue or renew a license,

or may revoke, suspend, reprimand, place on probation, or take

any other disciplinary or non-disciplinary action as the

Department may deem proper, including the imposition of fines

not to exceed $10,000 for each violation, with regard to any

license issued under the provisions of this Act for any one or

combination of the following grounds:

(1) Material misstatement in furnishing information to

the Department.

(2) Violation of any provision of this Act or its

rules.

(3) Conviction of or entry of a plea of guilty or nolo

contendere, finding of guilt, jury verdict, or entry of

judgment or sentencing, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony or (ii) a misdemeanor, an essential element

of which is dishonesty or that is directly related to the

practice of the profession.

(4) Fraud or misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal or restoration of a license under

this Act or its rules.

(5) Professional incompetence.

(6) Gross negligence in practice under this Act.

(7) Aiding or assisting another person in violating

any provision of this Act or its rules.

(8) Failing, within 60 days, to provide information in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud or harm the public as defined by the rules of the

Department, or violating the rules of professional conduct

adopted by the Department.

(10) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, of alcohol, or

any other substance that results in the inability to

practice with reasonable judgment, skill, or safety.

(11) Discipline by another jurisdiction if at least

one of the grounds for the discipline is the same or

substantially equivalent to those set forth in this Act.

(12) Directly or indirectly giving to or receiving

from any person, firm, corporation, partnership, or

association any fee, commission, rebate, or other form of

compensation for any professional services not actually or

personally rendered. Nothing in this paragraph (12)

affects any bona fide independent contractor or employment

arrangements among health care professionals, health

facilities, health care providers, or other entities,

except as otherwise prohibited by law. Any employment

arrangements may include provisions for compensation,

health insurance, pension, or other employment benefits

for the provision of services within the scope of the

licensee's practice under this Act. Nothing in this

paragraph (12) shall be construed to require an employment

arrangement to receive professional fees for services

rendered.

(13) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation or failed to

comply with the terms.

(14) Abandonment of a patient without cause.

(15) Willfully making or filing false records or

reports relating to a licensee's practice, including but

not limited to false records filed with State agencies or

departments.

(16) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(17) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act and

upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(18) Physical illness or mental illness or impairment,

including, but not limited to, deterioration through the

aging process or loss of motor skill that results in the

inability to practice the profession with reasonable

judgment, skill, or safety.

(19) Solicitation of professional services by using

false or misleading advertising.

(20) A pattern of practice or other behavior that

demonstrates incapacity or incompetence to practice under

this Act.

(21) Practicing under a false or assumed name, except

as provided by law.

(22) Gross, willful, and continued overcharging for

professional services, including filing false statements

for collection of fees or moneys for which services are

not rendered.

(23) Failure to establish and maintain records of

patient care and treatment as required by law.

(24) Cheating on or attempting to subvert the

licensing examinations administered under this Act.

(25) Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act.

(26) Being named as an abuser in a verified report by

the Department on Aging and under the Adult Protective

Services Act and upon proof by clear and convincing

evidence that the licensee abused, neglected, or

financially exploited an eligible adult as defined in the

Adult Protective Services Act.

(b) (Blank).

(c) The determination by a circuit court that a licensee

is subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

terminate only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of an order so finding and discharging the

patient, and upon the recommendation of the Board to the

Secretary that the licensee be allowed to resume his or her

practice as a licensed marriage and family therapist or an

associate licensed marriage and family therapist.

(d) The Department shall refuse to issue or may suspend

the license of any person who fails to file a return, pay the

tax, penalty, or interest shown in a filed return or pay any

final assessment of tax, penalty, or interest, as required by

any tax Act administered by the Illinois Department of

Revenue, until the time the requirements of the tax Act are

satisfied.

(d-5) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a marriage and family therapist or associate

licensed marriage and family therapist based solely upon the

marriage and family therapist or associate licensed marriage

and family therapist authorizing, recommending, aiding,

assisting, referring for, or otherwise participating in any

health care service, so long as the care was not Unlawful under

the laws of this State, regardless of whether the patient was a

resident of this State or another state.

(d-10) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a marriage and family therapist or associate

licensed marriage and family therapist based upon the marriage

and family therapist's or associate licensed marriage and

family therapist's license being revoked or suspended, or the

marriage and family therapist or associate licensed marriage

and family therapist being otherwise disciplined by any other

state, if that revocation, suspension, or other form of

discipline was based solely on the marriage and family

therapist or associate licensed marriage and family therapist

violating another state's laws prohibiting the provision of,

authorization of, recommendation of, aiding or assisting in,

referring for, or participation in any health care service if

that health care service as provided would not have been

unlawful under the laws of this State and is consistent with

the standards of conduct for a marriage and family therapist

or an associate licensed marriage and family therapist

practicing in Illinois.

(d-15) The conduct specified in subsections (d-5) or

(d-10) shall not constitute grounds for suspension under

Section 145.

(d-20) An applicant seeking licensure, certification, or

authorization pursuant to this Act who has been subject to

disciplinary action by a duly authorized professional

disciplinary agency of another jurisdiction solely on the

basis of having authorized, recommended, aided, assisted,

referred for, or otherwise participated in health care shall

not be denied such licensure, certification, or authorization,

unless the Department determines that such action would have

constituted professional misconduct in this State; however,

nothing in this Section shall be construed as prohibiting the

Department from evaluating the conduct of such applicant and

making a determination regarding the licensure, certification,

or authorization to practice a profession under this Act.

(e) In enforcing this Section, the Department or Board

upon a showing of a possible violation may compel an

individual licensed to practice under this Act, or who has

applied for licensure under this Act, to submit to a mental or

physical examination, or both, which may include a substance

abuse or sexual offender evaluation, as required by and at the

expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination or both. The

multidisciplinary team shall be led by a physician licensed to

practice medicine in all of its branches and may consist of one

or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed clinical

psychologists, licensed clinical social workers, licensed

clinical professional counselors, licensed marriage and family

therapists, and other professional and administrative staff.

Any examining physician or member of the multidisciplinary

team may require any person ordered to submit to an

examination and evaluation pursuant to this Section to submit

to any additional supplemental testing deemed necessary to

complete any examination or evaluation process, including, but

not limited to, blood testing, urinalysis, psychological

testing, or neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed.

The Department or Board may order the examining physician

or any member of the multidisciplinary team to present

testimony concerning the mental or physical examination of the

licensee or applicant. No information, report, record, or

other documents in any way related to the examination shall be

excluded by reason of any common law or statutory privilege

relating to communications between the licensee or applicant

and the examining physician or any member of the

multidisciplinary team. No authorization is necessary from the

licensee or applicant ordered to undergo an examination for

the examining physician or any member of the multidisciplinary

team to provide information, reports, records, or other

documents or to provide any testimony regarding the

examination and evaluation.

The individual to be examined may have, at his or her own

expense, another physician of his or her choice present during

all aspects of this examination. However, that physician shall

be present only to observe and may not interfere in any way

with the examination.

Failure of an individual to submit to a mental or physical

examination, when ordered, shall result in an automatic

suspension of his or her license until the individual submits

to the examination.

If the Department or Board finds an individual unable to

practice because of the reasons set forth in this Section, the

Department or Board may require that individual to submit to

care, counseling, or treatment by physicians approved or

designated by the Department or Board, as a condition, term,

or restriction for continued, reinstated, or renewed licensure

to practice; or, in lieu of care, counseling, or treatment,

the Department may file, or the Board may recommend to the

Department to file, a complaint to immediately suspend,

revoke, or otherwise discipline the license of the individual.

An individual whose license was granted, continued,

reinstated, renewed, disciplined or supervised subject to such

terms, conditions, or restrictions, and who fails to comply

with such terms, conditions, or restrictions, shall be

referred to the Secretary for a determination as to whether

the individual shall have his or her license suspended

immediately, pending a hearing by the Department.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that

person's license must be convened by the Department within 30

days after the suspension and completed without appreciable

delay. The Department and Board shall have the authority to

review the subject individual's record of treatment and

counseling regarding the impairment to the extent permitted by

applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate

to the Department or Board that he or she can resume practice

in compliance with acceptable and prevailing standards under

the provisions of his or her license.

(f) A fine shall be paid within 60 days after the effective

date of the order imposing the fine or in accordance with the

terms set forth in the order imposing the fine.

(g) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 100-372, eff. 8-25-17; 100-872, eff. 8-14-18.)

Section 9-25. The Professional Counselor and Clinical

Professional Counselor Licensing and Practice Act is amended

by changing Section 80 as follows:

(225 ILCS 107/80)

(Section scheduled to be repealed on January 1, 2028)

Sec. 80. Grounds for discipline.

(a) The Department may refuse to issue, renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department

deems appropriate, including the issuance of fines not to

exceed $10,000 for each violation, with regard to any license

for any one or more of the following:

(1) Material misstatement in furnishing information to

the Department or to any other State agency.

(2) Violations or negligent or intentional disregard

of this Act or rules adopted under this Act.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i)

that is a felony or (ii) that is a misdemeanor, an

essential element of which is dishonesty, or that is

directly related to the practice of the profession.

(4) Fraud or any misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act.

(5) Professional incompetence or gross negligence in

the rendering of professional counseling or clinical

professional counseling services.

(6) Malpractice.

(7) Aiding or assisting another person in violating

any provision of this Act or any rules.

(8) Failing to provide information within 60 days in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public and violating the rules of

professional conduct adopted by the Department.

(10) Habitual or excessive use or abuse of drugs as

defined in law as controlled substances, alcohol, or any

other substance which results in inability to practice

with reasonable skill, judgment, or safety.

(11) Discipline by another jurisdiction, the District

of Columbia, territory, county, or governmental agency, if

at least one of the grounds for the discipline is the same

or substantially equivalent to those set forth in this

Section.

(12) Directly or indirectly giving to or receiving

from any person, firm, corporation, partnership, or

association any fee, commission, rebate or other form of

compensation for any professional service not actually

rendered. Nothing in this paragraph (12) affects any bona

fide independent contractor or employment arrangements

among health care professionals, health facilities, health

care providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this

Act. Nothing in this paragraph (12) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(13) A finding by the Board that the licensee, after

having the license placed on probationary status, has

violated the terms of probation.

(14) Abandonment of a client.

(15) Willfully filing false reports relating to a

licensee's practice, including but not limited to false

records filed with federal or State agencies or

departments.

(16) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act and in matters

pertaining to suspected abuse, neglect, financial

exploitation, or self-neglect of adults with disabilities

and older adults as set forth in the Adult Protective

Services Act.

(17) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to the Abused and Neglected Child Reporting Act,

and upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(18) Physical or mental illness or disability,

including, but not limited to, deterioration through the

aging process or loss of abilities and skills which

results in the inability to practice the profession with

reasonable judgment, skill, or safety.

(19) Solicitation of professional services by using

false or misleading advertising.

(20) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

(21) A finding that licensure has been applied for or

obtained by fraudulent means.

(22) Practicing under a false or, except as provided

by law, an assumed name.

(23) Gross and willful overcharging for professional

services including filing statements for collection of

fees or monies for which services are not rendered.

(24) Rendering professional counseling or clinical

professional counseling services without a license or

practicing outside the scope of a license.

(25) Clinical supervisors failing to adequately and

responsibly monitor supervisees.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the

fine.

(b) (Blank).

(b-5) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a

return, pay the tax, penalty, or interest shown in a filed

return, or pay any final assessment of the tax, penalty, or

interest as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (g) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code

of Illinois.

(b-10) In cases where the Department of Healthcare and

Family Services has previously determined a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person

based solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance

with item (5) of subsection (a) of Section 2105-15 of the

Department of Professional Regulation Law of the Civil

Administrative Code of Illinois.

(c) The determination by a court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code will result in an automatic suspension of his or her

license. The suspension will end upon a finding by a court that

the licensee is no longer subject to involuntary admission or

judicial admission, the issuance of an order so finding and

discharging the patient, and the recommendation of the Board

to the Secretary that the licensee be allowed to resume

professional practice.

(c-1) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a professional counselor or clinical professional

counselor based solely upon the professional counselor or

clinical professional counselor authorizing, recommending,

aiding, assisting, referring for, or otherwise participating

in any health care service, so long as the care was not

unlawful under the laws of this State, regardless of whether

the patient was a resident of this State or another state.

(c-2) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a professional counselor or clinical professional

counselor based upon the professional counselor's or clinical

professional counselor's license being revoked or suspended,

or the professional counselor or clinical professional

counselor being otherwise disciplined by any other state, if

that revocation, suspension, or other form of discipline was

based solely on the professional counselor or clinical

professional counselor violating another state's laws

prohibiting the provision of, authorization of, recommendation

of, aiding or assisting in, referring for, or participation in

any health care service if that health care service as

provided would not have been unlawful under the laws of this

State and is consistent with the standards of conduct for a

professional counselor or clinical professional counselor

practicing in Illinois.

(c-3) The conduct specified in subsections (c-1) and (c-2)

shall not constitute grounds for suspension under Section 145.

(c-4) An applicant seeking licensure, certification, or

authorization pursuant to this Act who has been subject to

disciplinary action by a duly authorized professional

disciplinary agency of another jurisdiction solely on the

basis of having authorized, recommended, aided, assisted,

referred for, or otherwise participated in health care shall

not be denied such licensure, certification, or authorization,

unless the Department determines that such action would have

constituted professional misconduct in this State; however,

nothing in this Section shall be construed as prohibiting the

Department from evaluating the conduct of such applicant and

making a determination regarding the licensure, certification,

or authorization to practice a profession under this Act.

(c-5) In enforcing this Act, the Department, upon a

showing of a possible violation, may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, as required by and at the expense of the

Department. The Department may order the examining physician

to present testimony concerning the mental or physical

examination of the licensee or applicant. No information shall

be excluded by reason of any common law or statutory privilege

relating to communications between the licensee or applicant

and the examining physician. The examining physicians shall be

specifically designated by the Department. The individual to

be examined may have, at his or her own expense, another

physician of his or her choice present during all aspects of

this examination. The examination shall be performed by a

physician licensed to practice medicine in all its branches.

Failure of an individual to submit to a mental or physical

examination, when directed, shall result in an automatic

suspension without hearing.

All substance-related violations shall mandate an

automatic substance abuse assessment. Failure to submit to an

assessment by a licensed physician who is certified as an

addictionist or an advanced practice registered nurse with

specialty certification in addictions may be grounds for an

automatic suspension.

If the Department finds an individual unable to practice

or unfit for duty because of the reasons set forth in this

subsection (c-5), the Department may require that individual

to submit to a substance abuse evaluation or treatment by

individuals or programs approved or designated by the

Department, as a condition, term, or restriction for

continued, restored, or renewed licensure to practice; or, in

lieu of evaluation or treatment, the Department may file, or

the Board may recommend to the Department to file, a complaint

to immediately suspend, revoke, or otherwise discipline the

license of the individual. An individual whose license was

granted, continued, restored, renewed, disciplined, or

supervised subject to such terms, conditions, or restrictions,

and who fails to comply with such terms, conditions, or

restrictions, shall be referred to the Secretary for a

determination as to whether the individual shall have his or

her license suspended immediately, pending a hearing by the

Department.

A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical

or mental illness or disability, including, but not limited

to, deterioration through the aging process or loss of motor

skill, is unable to practice the profession with reasonable

judgment, skill, or safety, may be required by the Department

to submit to care, counseling, or treatment by physicians

approved or designated by the Department as a condition, term,

or restriction for continued, reinstated, or renewed licensure

to practice. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline

of a license. If the licensee refuses to enter into a care,

counseling, or treatment agreement or fails to abide by the

terms of the agreement, the Department may file a complaint to

revoke, suspend, or otherwise discipline the license of the

individual. The Secretary may order the license suspended

immediately, pending a hearing by the Department. Fines shall

not be assessed in disciplinary actions involving physical or

mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that

person's license must be convened by the Department within 15

days after the suspension and completed without appreciable

delay. The Department shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate

to the Department that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(d) (Blank).

(e) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 102-878, eff. 1-1-23.)

Section 9-30. The Registered Surgical Assistant and

Registered Surgical Technologist Title Protection Act is

amended by changing Section 75 as follows:

(225 ILCS 130/75)

(Section scheduled to be repealed on January 1, 2024)

Sec. 75. Grounds for disciplinary action.

(a) The Department may refuse to issue, renew, or restore

a registration, may revoke or suspend a registration, or may

place on probation, reprimand, or take other disciplinary or

non-disciplinary action with regard to a person registered

under this Act, including but not limited to the imposition of

fines not to exceed $10,000 for each violation and the

assessment of costs as provided for in Section 90, for any one

or combination of the following causes:

(1) Making a material misstatement in furnishing

information to the Department.

(2) Violating a provision of this Act or rules adopted

under this Act.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony or (ii) a misdemeanor, an essential element

of which is dishonesty, or that is directly related to the

practice of the profession.

(4) Fraud or misrepresentation in applying for,

renewing, restoring, reinstating, or procuring a

registration under this Act.

(5) Aiding or assisting another person in violating a

provision of this Act or its rules.

(6) Failing to provide information within 60 days in

response to a written request made by the Department.

(7) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public, as defined by rule of the

Department.

(8) Discipline by another United States jurisdiction,

governmental agency, unit of government, or foreign

nation, if at least one of the grounds for discipline is

the same or substantially equivalent to those set forth in

this Section.

(9) Directly or indirectly giving to or receiving from

a person, firm, corporation, partnership, or association a

fee, commission, rebate, or other form of compensation for

professional services not actually or personally rendered.

Nothing in this paragraph (9) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the registrant's practice under this

Act. Nothing in this paragraph (9) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(10) A finding by the Department that the registrant,

after having his or her registration placed on

probationary status, has violated the terms of probation.

(11) Willfully making or filing false records or

reports in his or her practice, including but not limited

to false records or reports filed with State agencies.

(12) Willfully making or signing a false statement,

certificate, or affidavit to induce payment.

(13) Willfully failing to report an instance of

suspected child abuse or neglect as required under the

Abused and Neglected Child Reporting Act.

(14) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act and

upon proof by clear and convincing evidence that the

registrant has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(15) (Blank).

(16) Failure to report to the Department (A) any

adverse final action taken against the registrant by

another registering or licensing jurisdiction, government

agency, law enforcement agency, or any court or (B)

liability for conduct that would constitute grounds for

action as set forth in this Section.

(17) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or any

other substance that results in the inability to practice

with reasonable judgment, skill, or safety.

(18) Physical or mental illness, including but not

limited to deterioration through the aging process or loss

of motor skills, which results in the inability to

practice the profession for which he or she is registered

with reasonable judgment, skill, or safety.

(19) Gross malpractice.

(20) Immoral conduct in the commission of an act

related to the registrant's practice, including but not

limited to sexual abuse, sexual misconduct, or sexual

exploitation.

(21) Violation of the Health Care Worker Self-Referral

Act.

(b) The Department may refuse to issue or may suspend

without hearing the registration of a person who fails to file

a return, to pay the tax, penalty, or interest shown in a filed

return, or to pay a final assessment of the tax, penalty, or

interest as required by a tax Act administered by the

Department of Revenue, until the requirements of the tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Department of Regulation Law of the Civil

Administrative Code of Illinois.

(b-1) The Department shall not revoke, suspend, summarily

suspend, place on probation, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license issued under this Act to practice

as a registered surgical assistant or registered surgical

technologist based solely upon the registered surgical

assistant or registered surgical technologist providing,

authorizing, recommending, aiding, assisting, referring for,

or otherwise participating in any health care service, so long

as the care was not unlawful under the laws of this State,

regardless of whether the patient was a resident of this State

or another state.

(b-2) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license issued under this Act to practice

as a registered surgical assistant or registered surgical

technologist based upon the registered surgical assistant's or

registered surgical technologist's license being revoked or

suspended, or the registered surgical assistant's or

registered surgical technologist's being otherwise disciplined

by any other state, if that revocation, suspension, or other

form of discipline was based solely on the registered surgical

assistant or registered surgical technologist violating

another state's laws prohibiting the provision of,

authorization of, recommendation of, aiding or assisting in,

referring for, or participation in any health care service if

that health care service as provided would not have been

unlawful under the laws of this State and is consistent with

the standards of conduct for the registered surgical assistant

or registered surgical technologist practicing in this State.

(b-3) The conduct specified in subsection (b-1) or (b-2)

shall not constitute grounds for suspension under Section 145.

(b-4) An applicant seeking licensure, certification, or

authorization pursuant to this Act who has been subject to

disciplinary action by a duly authorized professional

disciplinary agency of another jurisdiction solely on the

basis of having provided, authorized, recommended, aided,

assisted, referred for, or otherwise participated in health

care shall not be denied such licensure, certification, or

authorization, unless the Department determines that such

action would have constituted professional misconduct in this

State. Nothing in this Section shall be construed as

prohibiting the Department from evaluating the conduct of such

applicant and making a determination regarding the licensure,

certification, or authorization to practice a profession under

this Act.

(c) The determination by a circuit court that a registrant

is subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code operates as an automatic suspension. The suspension will

end only upon (1) a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission,

(2) issuance of an order so finding and discharging the

patient, and (3) filing of a petition for restoration

demonstrating fitness to practice.

(d) (Blank).

(e) In cases where the Department of Healthcare and Family

Services has previously determined a registrant or a potential

registrant is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency

to the Department, the Department may refuse to issue or renew

or may revoke or suspend that person's registration or may

take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance

with paragraph (5) of subsection (a) of Section 2105-15 of the

Department of Professional Regulation Law of the Civil

Administrative Code of Illinois.

(f) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual

registered under this Act or any individual who has applied

for registration to submit to a mental or physical examination

and evaluation, or both, that may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation,

or both. The multidisciplinary team shall be led by a

physician licensed to practice medicine in all of its branches

and may consist of one or more or a combination of physicians

licensed to practice medicine in all of its branches, licensed

chiropractic physicians, licensed clinical psychologists,

licensed clinical social workers, licensed clinical

professional counselors, and other professional and

administrative staff. Any examining physician or member of the

multidisciplinary team may require any person ordered to

submit to an examination and evaluation pursuant to this

Section to submit to any additional supplemental testing

deemed necessary to complete any examination or evaluation

process, including, but not limited to, blood testing,

urinalysis, psychological testing, or neuropsychological

testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary

team to present testimony concerning this examination and

evaluation of the registrant or applicant, including testimony

concerning any supplemental testing or documents relating to

the examination and evaluation. No information, report,

record, or other documents in any way related to the

examination and evaluation shall be excluded by reason of any

common law or statutory privilege relating to communication

between the registrant or applicant and the examining

physician or any member of the multidisciplinary team. No

authorization is necessary from the registrant or applicant

ordered to undergo an evaluation and examination for the

examining physician or any member of the multidisciplinary

team to provide information, reports, records, or other

documents or to provide any testimony regarding the

examination and evaluation. The individual to be examined may

have, at his or her own expense, another physician of his or

her choice present during all aspects of the examination.

Failure of any individual to submit to mental or physical

examination and evaluation, or both, when directed, shall

result in an automatic suspension without a hearing until such

time as the individual submits to the examination. If the

Department finds a registrant unable to practice because of

the reasons set forth in this Section, the Department shall

require such registrant to submit to care, counseling, or

treatment by physicians approved or designated by the

Department as a condition for continued, reinstated, or

renewed registration.

When the Secretary immediately suspends a registration

under this Section, a hearing upon such person's registration

must be convened by the Department within 15 days after such

suspension and completed without appreciable delay. The

Department shall have the authority to review the registrant's

record of treatment and counseling regarding the impairment to

the extent permitted by applicable federal statutes and

regulations safeguarding the confidentiality of medical

records.

Individuals registered under this Act and affected under

this Section shall be afforded an opportunity to demonstrate

to the Department that they can resume practice in compliance

with acceptable and prevailing standards under the provisions

of their registration.

(g) All fines imposed under this Section shall be paid

within 60 days after the effective date of the order imposing

the fine or in accordance with the terms set forth in the order

imposing the fine.

(f) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 100-872, eff. 8-14-18.)

Section 9-35. The Genetic Counselor Licensing Act is

amended by changing Section 95 as follows:

(225 ILCS 135/95)

(Section scheduled to be repealed on January 1, 2025)

Sec. 95. Grounds for discipline.

(a) The Department may refuse to issue, renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department

deems appropriate, including the issuance of fines not to

exceed $10,000 for each violation, with regard to any license

for any one or more of the following:

(1) Material misstatement in furnishing information to

the Department or to any other State agency.

(2) Violations or negligent or intentional disregard

of this Act, or any of its rules.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing, including, but not limited to, convictions,

preceding sentences of supervision, conditional discharge,

or first offender probation, under the laws of any

jurisdiction of the United States: (i) that is a felony or

(ii) that is a misdemeanor, an essential element of which

is dishonesty, or that is directly related to the practice

of genetic counseling.

(4) Making any misrepresentation for the purpose of

obtaining a license, or violating any provision of this

Act or its rules.

(5) Negligence in the rendering of genetic counseling

services.

(6) Failure to provide genetic testing results and any

requested information to a referring physician licensed to

practice medicine in all its branches, advanced practice

registered nurse, or physician assistant.

(7) Aiding or assisting another person in violating

any provision of this Act or any rules.

(8) Failing to provide information within 60 days in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public and violating the rules of

professional conduct adopted by the Department.

(10) Failing to maintain the confidentiality of any

information received from a client, unless otherwise

authorized or required by law.

(10.5) Failure to maintain client records of services

provided and provide copies to clients upon request.

(11) Exploiting a client for personal advantage,

profit, or interest.

(12) Habitual or excessive use or addiction to

alcohol, narcotics, stimulants, or any other chemical

agent or drug which results in inability to practice with

reasonable skill, judgment, or safety.

(13) Discipline by another governmental agency or unit

of government, by any jurisdiction of the United States,

or by a foreign nation, if at least one of the grounds for

the discipline is the same or substantially equivalent to

those set forth in this Section.

(14) Directly or indirectly giving to or receiving

from any person, firm, corporation, partnership, or

association any fee, commission, rebate, or other form of

compensation for any professional service not actually

rendered. Nothing in this paragraph (14) affects any bona

fide independent contractor or employment arrangements

among health care professionals, health facilities, health

care providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this

Act. Nothing in this paragraph (14) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(15) A finding by the Department that the licensee,

after having the license placed on probationary status,

has violated the terms of probation.

(16) Failing to refer a client to other health care

professionals when the licensee is unable or unwilling to

adequately support or serve the client.

(17) Willfully filing false reports relating to a

licensee's practice, including but not limited to false

records filed with federal or State agencies or

departments.

(18) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(19) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to the Abused and Neglected Child Reporting Act,

and upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(20) Physical or mental disability, including

deterioration through the aging process or loss of

abilities and skills which results in the inability to

practice the profession with reasonable judgment, skill,

or safety.

(21) Solicitation of professional services by using

false or misleading advertising.

(22) Failure to file a return, or to pay the tax,

penalty of interest shown in a filed return, or to pay any

final assessment of tax, penalty or interest, as required

by any tax Act administered by the Illinois Department of

Revenue or any successor agency or the Internal Revenue

Service or any successor agency.

(23) Fraud or making any misrepresentation in applying

for or procuring a license under this Act or in connection

with applying for renewal of a license under this Act.

(24) Practicing or attempting to practice under a name

other than the full name as shown on the license or any

other legally authorized name.

(25) Gross overcharging for professional services,

including filing statements for collection of fees or

monies for which services are not rendered.

(26) (Blank).

(27) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(28) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

(b) (Blank).

(b-5) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a genetic counselor based solely upon the genetic

counselor authorizing, recommending, aiding, assisting,

referring for, or otherwise participating in any health care

service, so long as the care was not unlawful under the laws of

this State, regardless of whether the patient was a resident

of this State or another state.

(b-10) The Department shall not revoke, suspend, summarily

suspend, place on prohibition, reprimand, refuse to issue or

renew, or take any other disciplinary or non-disciplinary

action against the license or permit issued under this Act to

practice as a genetic counselor based upon the genetic

counselor's license being revoked or suspended, or the genetic

counselor being otherwise disciplined by any other state, if

that revocation, suspension, or other form of discipline was

based solely on the genetic counselor violating another

state's laws prohibiting the provision of, authorization of,

recommendation of, aiding or assisting in, referring for, or

participation in any health care service if that health care

service as provided would not have been unlawful under the

laws of this State and is consistent with the standards of

conduct for the genetic counselor if it occurred in Illinois.

(b-15) The conduct specified in subsections (b-5) and

(b-10) shall not constitute grounds for suspension under

Section 160.

(b-20) An applicant seeking licensure, certification, or

authorization pursuant to this Act who has been subject to

disciplinary action by a duly authorized professional

disciplinary agency of another jurisdiction solely on the

basis of having authorized, recommended, aided, assisted,

referred for, or otherwise participated in health care shall

not be denied such licensure, certification, or authorization,

unless the Department determines that such action would have

constituted professional misconduct in this State; however,

nothing in this Section shall be construed as prohibiting the

Department from evaluating the conduct of such applicant and

making a determination regarding the licensure, certification,

or authorization to practice a profession under this Act.

(c) The determination by a court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code will result in an automatic suspension of his or her

license. The suspension will end upon a finding by a court that

the licensee is no longer subject to involuntary admission or

judicial admission, the issuance of an order so finding and

discharging the patient, and the determination of the

Secretary that the licensee be allowed to resume professional

practice.

(d) The Department may refuse to issue or renew or may

suspend without hearing the license of any person who fails to

file a return, to pay the tax penalty or interest shown in a

filed return, or to pay any final assessment of the tax,

penalty, or interest as required by any Act regarding the

payment of taxes administered by the Illinois Department of

Revenue until the requirements of the Act are satisfied in

accordance with subsection (g) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(e) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person

based solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance

with item (5) of subsection (a) of Section 2105-15 of the

Department of Professional Regulation Law of the Civil

Administrative Code of Illinois.

(f) All fines or costs imposed under this Section shall be

paid within 60 days after the effective date of the order

imposing the fine or costs or in accordance with the terms set

forth in the order imposing the fine.

(g) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;

100-201, eff. 8-18-17; 100-513, eff. 1-1-18; 100-872, eff.

8-14-18.)

Article 11.

Section 11-5. The Reproductive Health Act is amended by

changing Section 1-25 as follows:

(775 ILCS 55/1-25)

Sec. 1-25. Reporting of abortions performed by health care

professionals.

(a) A health care professional may provide abortion care

in accordance with the health care professional's professional

judgment and training and based on accepted standards of

clinical practice consistent with the scope of his or her

practice under the Medical Practice Act of 1987, the Nurse

Practice Act, or the Physician Assistant Practice Act of 1987.

An advanced practice registered nurse or physician assistant

as defined in this Act may perform aspiration abortion

procedures that do not require general anesthesia, consistent

with their training and standards of clinical practice and, if

applicable, consistent with any collaborative agreement. If

the health care professional determines that there is fetal

viability, the health care professional may provide abortion

care only if, in the professional judgment of the health care

professional, the abortion is necessary to protect the life or

health of the patient.

(b) A report of each abortion performed by a health care

professional shall be made to the Department on forms

prescribed by it. Such reports shall be transmitted to the

Department on a quarterly basis not later than 10 days

following the end of the month in which the abortion is

performed.

(c) The abortion reporting forms prescribed by the

Department shall not request or require information that

identifies a patient or health care professional by name or

any other identifying information, and the Department shall

secure anonymity of all patients and health care

professionals.

(d) All reports received by the Department pursuant to

this Section shall be treated as confidential and exempt from

the Freedom of Information Act. Such reports shall not be

admissible as evidence or discoverable in any action of any

kind, in any court, or before any tribunal, board, agency or

person. Access to such reports shall be limited to authorized

Department staff who shall use the reports for statistical

purposes only. Such reports must be destroyed within 2 years

after date of receipt. The Department may make aggregate data

derived from the reports publicly available so long as such

disclosure does not reveal any identifying information about a

patient or health care professional.

(Source: P.A. 101-13, eff. 6-12-19.)

Article 12.

Section 12-5. The Telehealth Act is amended by changing

Sections 10 and 15 as follows:

(225 ILCS 150/10)

Sec. 10. Practice authority. A health care professional

treating a patient located in this State through telehealth

services must be licensed or authorized to practice in

Illinois. A health care professional with a temporary permit

for full practice advanced practice registered nurse for

health care, a temporary permit for advanced practice

registered nurse for health care, or a temporary permit for

health care may treat a patient located in this State through

telehealth services in a manner consistent with the health

care professional's scope of practice and agreement with a

sponsoring entity.

(Source: P.A. 102-104, eff. 7-22-21.)

(225 ILCS 150/15)

Sec. 15. Use of telehealth services.

(a) A health care professional may engage in the practice

of telehealth services in Illinois to the extent of his or her

scope of practice as established in his or her respective

licensing Act consistent with the standards of care for

in-person services. This Act shall not be construed to alter

the scope of practice of any health care professional or

authorize the delivery of health care services in a setting or

in a manner not otherwise authorized by the laws of this State.

(b) Telehealth services provided pursuant to this Section

shall be consistent with all federal and State privacy,

security, and confidentiality laws, rules, or regulations.

(c) A health care professional with a temporary permit for

full practice advanced practice registered nurse for health

care, a temporary permit for advanced practice registered

nurse for health care, or a temporary permit for health care

may treat a patient located in this State through telehealth

services in a manner consistent with the health care

professional's scope of practice and agreement with a

sponsoring entity.

(Source: P.A. 102-104, eff. 7-22-21.)

Article 14.

Section 14-5. The Medical Practice Act of 1987 is amended

by changing Section 49.5 as follows:

(225 ILCS 60/49.5)

(Section scheduled to be repealed on January 1, 2027)

Sec. 49.5. Telemedicine.

(a) The General Assembly finds and declares that because

of technological advances and changing practice patterns the

practice of medicine is occurring with increasing frequency

across state lines and across increasing geographical

distances within the State of Illinois and that certain

technological advances in the practice of medicine are in the

public interest. The General Assembly further finds and

declares that the practice of medicine is a privilege and that

the licensure by this State of practitioners outside this

State engaging in medical practice within this State and the

ability to discipline those practitioners is necessary for the

protection of the public health, welfare, and safety.

(b) A person who engages in the practice of telemedicine

without a license or permit issued under this Act shall be

subject to penalties provided in Section 59. A person with a

temporary permit for health care may treat a patient located

in this State through telehealth services in a manner

consistent with the person's scope of practice and agreement

with a sponsoring entity.

(c) For purposes of this Act, "telemedicine" means the

performance of any of the activities listed in Section 49,

including, but not limited to, rendering written or oral

opinions concerning diagnosis or treatment of a patient in

Illinois by a person in a different location than the patient

as a result of transmission of individual patient data by

telephonic, electronic, or other means of communication.

"Telemedicine" does not include the following:

(1) periodic consultations between a person licensed

under this Act and a person outside the State of Illinois;

(2) a second opinion provided to a person licensed

under this Act;

(3) diagnosis or treatment services provided to a

patient in Illinois following care or treatment originally

provided to the patient in the state in which the provider

is licensed to practice medicine; and

(4) health care services provided to an existing

patient while the person licensed under this Act or

patient is traveling.

(d) Whenever the Department has reason to believe that a

person has violated this Section, the Department may issue a

rule to show cause why an order to cease and desist should not

be entered against that person. The rule shall clearly set

forth the grounds relied upon by the Department and shall

provide a period of 7 days from the date of the rule to file an

answer to the satisfaction of the Department. Failure to

answer to the satisfaction of the Department shall cause an

order to cease and desist to be issued immediately.

(e) An out-of-state person providing a service listed in

Section 49 to a patient residing in Illinois through the

practice of telemedicine submits himself or herself to the

jurisdiction of the courts of this State.

(Source: P.A. 100-317, eff. 1-1-18.)

Article 16.

Section 16-1. Short title. This Article may be cited as

the Abortion Care Clinical Training Program Act. References in

this Article to "this Act" mean this Article.

Section 16-5. Intent. The Program established under this

Act is intended to protect access to abortion care in Illinois

by ensuring there are a sufficient number of health care

professionals appropriately trained to provide abortion care

and other reproductive health care services.

Section 16-10. Definitions. As used in this Act:

"Abortion" has the meaning given to that term in Section

1-10 of the Reproductive Health Act.

"Coordinating organization" means a nonprofit entity in

good standing in any state or jurisdiction in which the

organization is registered or incorporated that has

demonstrated experience in coordinating or providing abortion

care training programs at community-based and hospital-based

provider sites.

"Department" means the Department of Public Health.

"Fund" means the Abortion Care Clinical Training Program

Fund.

"Health care professional" has the meaning given to that

term in Section 1-10 of the Reproductive Health Act.

"Program" means the Abortion Care Clinical Training

Program.

"Reproductive health care" has the meaning given to that

term in Section 1-10 of the Reproductive Health Act.

"Transportation hub" means an area easily accessible by

interstate or interregional transportation, including

roadways, railways, buses, air travel, and public

transportation.

"Underserved community" means a community that lacks a

sufficient number of health care providers or facilities to

meet the demand for abortion care without waiting periods more

than 3 days.

Section 16-15. Program administration and reporting.

(a) Subject to appropriation to the Fund, the Department

shall contract with at least one coordinating organization to

administer the Program. The Department shall use the Fund to

contract with the coordinating organization.

(b) A coordinating organization contracted by the

Department to administer the Program shall:

(1) submit an annual report to the Department

regarding Program performance, including the number of

participants enrolled, the demographics of Program

participants, the number of participants who successfully

complete the Program, the outcome of successful Program

participants, and the level of involvement of the

participants in providing abortion and other forms of

reproductive health care in Illinois; and

(2) meet any other requirements established by the

Department that are not inconsistent with this Act.

(c) The Department shall release the name of any

coordinating organization it coordinates with and any entity

receiving funds to assist in the implementation of this

Program through the coordinating organization. The Department

shall not release the name of any individual person or health

care professional administering services through or

participating in the Program. The Department shall, by rule,

establish procedures to ensure that sensitive Program

information, including any personal information and

information that, if released, could endanger the life or

physical safety of program participants, remains confidential.

(d) Any coordinating organization or other entity

receiving funds to implement this Program is subject to the

requirements of the Grant Accountability and Transparency Act.

Section 16-20. Coordinating organization duties. A

coordinating organization contracted by the Department to

administer the Program shall assume the following duties:

(1) Administer grants to develop and sustain abortion care

training programs at a minimum of 2 community-based provider

sites. When selecting community-based provider sites, the

coordinating organization shall prioritize sites near

transportation hubs and underserved communities.

(2) If funding is available, administer grants to:

(A) other community-based sites;

(B) hospital-based provider sites; and

(C) continuing education programs for reproductive

health care, including through professional associations

and other clinical education programs.

(3) Establish training Program requirements that:

(A) are consistent with evidence-based training

standards;

(B) comply with any applicable State or federal law

and regulations; and

(C) focus on providing culturally congruent care and

include implicit bias training.

(4) Support abortion care clinical training to health care

professionals or individuals seeking to become health care

professionals, consistent with the appropriate scope of

clinical practice, intended to:

(A) expand the number of health care professionals

with abortion care training; and

(B) increase diversity among health care professionals

with abortion care training.

(5) Support the identification, recruitment, screening,

and placement of qualified reproductive health care

professionals at training sites.

Section 16-25. Rules. The Department is authorized to

adopt rules pursuant to the Illinois Administrative Procedure

Act to implement this Act.

Section 16-30. Abortion Care Clinical Training Program

Fund. The Abortion Care Clinical Training Program Fund is

established as a special fund in the State Treasury. The Fund

may accept moneys from any public source in the form of grants,

deposits, and transfers, and shall be used for administration

and implementation of the Abortion Care Clinical Training

Program.

Section 16-90. The State Finance Act is amended by adding

Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Abortion Care Clinical Training Program

Fund.

Article 21.

Section 21-5. The Pharmacy Practice Act is amended by

changing Section 43 as follows:

(225 ILCS 85/43)

(Section scheduled to be repealed on January 1, 2028)

Sec. 43. Dispensation of hormonal contraceptives.

(a) The dispensing of hormonal contraceptives to a patient

shall be pursuant to a valid prescription, or pursuant to a

standing order by a physician licensed to practice medicine in

all its branches, a standing order by or the medical director

of a local health department, or a standing order by the

Department of Public Health pursuant to the following:

(1) a pharmacist may dispense no more than a 12-month

supply of hormonal contraceptives to a patient;

(2) a pharmacist must complete an educational training

program accredited by the Accreditation Council for

Pharmacy Education and approved by the Department that is

related to the patient self-screening risk assessment,

patient assessment contraceptive counseling and education,

and dispensation of hormonal contraceptives;

(3) a pharmacist shall have the patient complete the

self-screening risk assessment tool; the self-screening

risk assessment tool is to be based on the most current

version of the United States Medical Eligibility Criteria

for Contraceptive Use published by the federal Centers for

Disease Control and Prevention;

(4) based upon the results of the self-screening risk

assessment and the patient assessment, the pharmacist

shall use his or her professional and clinical judgment as

to when a patient should be referred to the patient's

physician or another health care provider;

(5) a pharmacist shall provide, during the patient

assessment and consultation, counseling and education

about all methods of contraception, including methods not

covered under the standing order, and their proper use and

effectiveness;

(6) the patient consultation shall take place in a

private manner; and

(7) a pharmacist and pharmacy must maintain

appropriate records.

(b) The Department may adopt rules to implement this

Section.

(c) Nothing in this Section shall be interpreted to

require a pharmacist to dispense hormonal contraception under

a standing order issued by a physician licensed to practice

medicine in all its branches or the medical director of a local

health department.

(d) Notwithstanding any other provision of the law to the

contrary, a pharmacist may dispense hormonal contraceptives in

conformance with standing orders issued pursuant to this

Section without prior establishment of a relationship between

the pharmacist and the person receiving hormonal

contraception.

(e) No employee of the Department of Public Health issuing

a standing order pursuant to this Section shall, as a result of

the employee's acts or omissions in issuing the standing order

pursuant to this Section, be subject to (i) any disciplinary

or other adverse action under the Medical Practice Act of

1987, (ii) any civil liability, or (iii) any criminal

liability.

(Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22.)

Article 22.

Section 22-5. The Birth Center Licensing Act is amended by

changing Sections 5 and 30 as follows:

(210 ILCS 170/5)

Sec. 5. Definitions. In this Act:

"Birth center" means a designated site, other than a

hospital:

(1) in which births are planned to occur following a

normal, uncomplicated, and low-risk pregnancy;

(2) that is not the pregnant person's usual place of

residence;

(3) that is exclusively dedicated to serving the

childbirth-related needs of pregnant persons and their

newborns, and has no more than 10 beds;

(4) that offers prenatal care and community education

services and coordinates these services with other health

care services available in the community; and

(5) that does not provide general anesthesia or

surgery.

"Certified nurse midwife" means an advanced practice

registered nurse licensed in Illinois under the Nurse Practice

Act with full practice authority or who is delegated such

authority as part of a written collaborative agreement with a

physician who is associated with the birthing center or who

has privileges at a nearby birthing hospital.

"Department" means the Illinois Department of Public

Health.

"Hospital" does not include places where pregnant females

are received, cared for, or treated during delivery if it is in

a licensed birth center, nor include any facility required to

be licensed as a birth center.

"Licensed certified professional midwife" means a person

who has successfully met the requirements under Section 45 of

the Licensed Certified Professional Midwife Practice Act and

holds an active license to practice as a licensed certified

professional midwife in Illinois.

"Physician" means a physician licensed to practice

medicine in all its branches in Illinois.

(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23.)

(210 ILCS 170/30)

Sec. 30. Minimum standards.

(a) The Department's rules adopted pursuant to Section 60

of this Act shall contain minimum standards to protect the

health and safety of a patient of a birth center. In adopting

rules for birth centers, the Department shall consider:

(1) the Commission for the Accreditation of Birth

Centers' Standards for Freestanding Birth Centers;

(2) the American Academy of Pediatrics and American

College of Obstetricians and Gynecologists Guidelines for

Perinatal Care; and

(3) the Regionalized Perinatal Health Care Code.

(b) Nothing in this Section shall be construed to prohibit

a facility licensed as a birth center from offering other

reproductive health care subject to any applicable laws,

rules, regulations, or licensing requirements for those

services. In this subsection, "reproductive health care" has

the same meaning as used in Section 1-10 of the Reproductive

Health Act.

(Source: P.A. 102-518, eff. 8-20-21; 102-813, eff. 5-13-22.)

Article 24.

Section 24-5. The Counties Code is amended by changing

Section 3-4006 as follows:

(55 ILCS 5/3-4006)  (from Ch. 34, par. 3-4006)

Sec. 3-4006. Duties of public defender. The Public

Defender, as directed by the court, shall act as attorney,

without fee, before any court within any county for all

persons who are held in custody or who are charged with the

commission of any criminal offense, and who the court finds

are unable to employ counsel.

The Public Defender shall be the attorney, without fee,

when so appointed by the court under Section 1-20 of the

Juvenile Court Act or Section 1-5 of the Juvenile Court Act of

1987 or by any court under Section 5(b) of the Parental Notice

of Abortion Act of 1983 for any party who the court finds is

financially unable to employ counsel.

In cases subject to Section 5-170 of the Juvenile Court

Act of 1987 involving a minor who was under 15 years of age at

the time of the commission of the offense, that occurs in a

county with a full-time public defender office, a public

defender, without fee or appointment, may represent and have

access to a minor during a custodial interrogation. In cases

subject to Section 5-170 of the Juvenile Court Act of 1987

involving a minor who was under 15 years of age at the time of

the commission of the offense, that occurs in a county without

a full-time public defender, the law enforcement agency

conducting the custodial interrogation shall ensure that the

minor is able to consult with an attorney who is under contract

with the county to provide public defender services.

Representation by the public defender shall terminate at the

first court appearance if the court determines that the minor

is not indigent.

Every court shall, with the consent of the defendant and

where the court finds that the rights of the defendant would be

prejudiced by the appointment of the public defender, appoint

counsel other than the public defender, except as otherwise

provided in Section 113-3 of the "Code of Criminal Procedure

of 1963". That counsel shall be compensated as is provided by

law. He shall also, in the case of the conviction of any such

person, prosecute any proceeding in review which in his

judgment the interests of justice require.

In counties with a population over 3,000,000, the public

defender, without fee or appointment and with the concurrence

of the county board, may act as attorney to noncitizens in

immigration cases. Representation by the public defender in

immigration cases shall be limited to those arising in

immigration courts located within the geographical boundaries

of the county where the public defender has been appointed to

office unless the board authorizes the public defender to

provide representation outside the county.

(Source: P.A. 102-410, eff. 1-1-22.)

Section 24-10. The Consent by Minors to Health Care

Services Act is amended by changing Section 1.5 as follows:

(410 ILCS 210/1.5)

Sec. 1.5. Consent by minor seeking care for limited

primary care services.

(a) The consent to the performance of primary care

services by a physician licensed to practice medicine in all

its branches, a licensed advanced practice registered nurse, a

licensed physician assistant, a chiropractic physician, or a

licensed optometrist executed by a minor seeking care is not

voidable because of such minority, and for such purpose, a

minor seeking care is deemed to have the same legal capacity to

act and has the same powers and obligations as has a person of

legal age under the following circumstances:

(1) the health care professional reasonably believes

that the minor seeking care understands the benefits and

risks of any proposed primary care or services; and

(2) the minor seeking care is identified in writing as

a minor seeking care by:

(A) an adult relative;

(B) a representative of a homeless service agency

that receives federal, State, county, or municipal

funding to provide those services or that is otherwise

sanctioned by a local continuum of care;

(C) an attorney licensed to practice law in this

State;

(D) a public school homeless liaison or school

social worker;

(E) a social service agency providing services to

at risk, homeless, or runaway youth; or

(F) a representative of a religious organization.

(b) A health care professional rendering primary care

services under this Section shall not incur civil or criminal

liability for failure to obtain valid consent or professional

discipline for failure to obtain valid consent if he or she

relied in good faith on the representations made by the minor

or the information provided under paragraph (2) of subsection

(a) of this Section. Under such circumstances, good faith

shall be presumed.

(c) The confidential nature of any communication between a

health care professional described in Section 1 of this Act

and a minor seeking care is not waived (1) by the presence, at

the time of communication, of any additional persons present

at the request of the minor seeking care, (2) by the health

care professional's disclosure of confidential information to

the additional person with the consent of the minor seeking

care, when reasonably necessary to accomplish the purpose for

which the additional person is consulted, or (3) by the health

care professional billing a health benefit insurance or plan

under which the minor seeking care is insured, is enrolled, or

has coverage for the services provided.

(d) Nothing in this Section shall be construed to limit or

expand a minor's existing powers and obligations under any

federal, State, or local law. Nothing in this Section shall be

construed to affect the Parental Notice of Abortion Act of

1995. Nothing in this Section affects the right or authority

of a parent or legal guardian to verbally, in writing, or

otherwise authorize health care services to be provided for a

minor in their absence.

(e) For the purposes of this Section:

"Minor seeking care" means a person at least 14 years of

age but less than 18 years of age who is living separate and

apart from his or her parents or legal guardian, whether with

or without the consent of a parent or legal guardian who is

unable or unwilling to return to the residence of a parent, and

managing his or her own personal affairs. "Minor seeking care"

does not include minors who are under the protective custody,

temporary custody, or guardianship of the Department of

Children and Family Services.

"Primary care services" means health care services that

include screening, counseling, immunizations, medication, and

treatment of illness and conditions customarily provided by

licensed health care professionals in an out-patient setting,

eye care services, excluding advanced optometric procedures,

provided by optometrists, and services provided by

chiropractic physicians according to the scope of practice of

chiropractic physicians under the Medical Practice Act of

1987. "Primary care services" does not include invasive care,

beyond standard injections, laceration care, or non-surgical

fracture care.

(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;

100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)

Section 24-15. The Medical Practice Act of 1987 is amended

by changing Section 23 as follows:

(225 ILCS 60/23)  (from Ch. 111, par. 4400-23)

(Section scheduled to be repealed on January 1, 2027)

Sec. 23. Reports relating to professional conduct and

capacity.

(A) Entities required to report.

(1) Health care institutions. The chief administrator

or executive officer of any health care institution

licensed by the Illinois Department of Public Health shall

report to the Medical Board when any person's clinical

privileges are terminated or are restricted based on a

final determination made in accordance with that

institution's by-laws or rules and regulations that a

person has either committed an act or acts which may

directly threaten patient care or that a person may have a

mental or physical disability that may endanger patients

under that person's care. Such officer also shall report

if a person accepts voluntary termination or restriction

of clinical privileges in lieu of formal action based upon

conduct related directly to patient care or in lieu of

formal action seeking to determine whether a person may

have a mental or physical disability that may endanger

patients under that person's care. The Medical Board

shall, by rule, provide for the reporting to it by health

care institutions of all instances in which a person,

licensed under this Act, who is impaired by reason of age,

drug or alcohol abuse or physical or mental impairment, is

under supervision and, where appropriate, is in a program

of rehabilitation. Such reports shall be strictly

confidential and may be reviewed and considered only by

the members of the Medical Board, or by authorized staff

as provided by rules of the Medical Board. Provisions

shall be made for the periodic report of the status of any

such person not less than twice annually in order that the

Medical Board shall have current information upon which to

determine the status of any such person. Such initial and

periodic reports of impaired physicians shall not be

considered records within the meaning of the State Records

Act and shall be disposed of, following a determination by

the Medical Board that such reports are no longer

required, in a manner and at such time as the Medical Board

shall determine by rule. The filing of such reports shall

be construed as the filing of a report for purposes of

subsection (C) of this Section. Such health care

institution shall not take any adverse action, including,

but not limited to, restricting or terminating any

person's clinical privileges, as a result of an adverse

action against a person's license or clinical privileges

or other disciplinary action by another state or health

care institution that resulted from the person's provision

of, authorization of, recommendation of, aiding or

assistance with, referral for, or participation in any

health care service if the adverse action was based solely

on a violation of the other state's law prohibiting the

provision of such health care and related services in the

state or for a resident of the state if that health care

service would not have been unlawful under the laws of

this State and is consistent with the standards of conduct

for physicians practicing in Illinois.

(1.5) Clinical training programs. The program director

of any post-graduate clinical training program shall

report to the Medical Board if a person engaged in a

post-graduate clinical training program at the

institution, including, but not limited to, a residency or

fellowship, separates from the program for any reason

prior to its conclusion. The program director shall

provide all documentation relating to the separation if,

after review of the report, the Medical Board determines

that a review of those documents is necessary to determine

whether a violation of this Act occurred.

(2) Professional associations. The President or chief

executive officer of any association or society, of

persons licensed under this Act, operating within this

State shall report to the Medical Board when the

association or society renders a final determination that

a person has committed unprofessional conduct related

directly to patient care or that a person may have a mental

or physical disability that may endanger patients under

that person's care.

(3) Professional liability insurers. Every insurance

company which offers policies of professional liability

insurance to persons licensed under this Act, or any other

entity which seeks to indemnify the professional liability

of a person licensed under this Act, shall report to the

Medical Board the settlement of any claim or cause of

action, or final judgment rendered in any cause of action,

which alleged negligence in the furnishing of medical care

by such licensed person when such settlement or final

judgment is in favor of the plaintiff. Such insurance

company shall not take any adverse action, including, but

not limited to, denial or revocation of coverage, or rate

increases, against a person licensed under this Act with

respect to coverage for services provided in the State if

based solely on the person providing, authorizing,

recommending, aiding, assisting, referring for, or

otherwise participating in health care services in this

State in violation of another state's law, or a revocation

or other adverse action against the person's license in

another state for violation of such law if that health

care service as provided would have been lawful and

consistent with the standards of conduct for physicians if

it occurred in the State. Notwithstanding this provision,

it is against public policy to require coverage for an

illegal action.

(4) State's Attorneys. The State's Attorney of each

county shall report to the Medical Board, within 5 days,

any instances in which a person licensed under this Act is

convicted of any felony or Class A misdemeanor. The

State's Attorney of each county may report to the Medical

Board through a verified complaint any instance in which

the State's Attorney believes that a physician has

willfully violated the notice requirements of the Parental

Notice of Abortion Act of 1995.

(5) State agencies. All agencies, boards, commissions,

departments, or other instrumentalities of the government

of the State of Illinois shall report to the Medical Board

any instance arising in connection with the operations of

such agency, including the administration of any law by

such agency, in which a person licensed under this Act has

either committed an act or acts which may be a violation of

this Act or which may constitute unprofessional conduct

related directly to patient care or which indicates that a

person licensed under this Act may have a mental or

physical disability that may endanger patients under that

person's care.

(B) Mandatory reporting. All reports required by items

(34), (35), and (36) of subsection (A) of Section 22 and by

Section 23 shall be submitted to the Medical Board in a timely

fashion. Unless otherwise provided in this Section, the

reports shall be filed in writing within 60 days after a

determination that a report is required under this Act. All

reports shall contain the following information:

(1) The name, address and telephone number of the

person making the report.

(2) The name, address and telephone number of the

person who is the subject of the report.

(3) The name and date of birth of any patient or

patients whose treatment is a subject of the report, if

available, or other means of identification if such

information is not available, identification of the

hospital or other healthcare facility where the care at

issue in the report was rendered, provided, however, no

medical records may be revealed.

(4) A brief description of the facts which gave rise

to the issuance of the report, including the dates of any

occurrences deemed to necessitate the filing of the

report.

(5) If court action is involved, the identity of the

court in which the action is filed, along with the docket

number and date of filing of the action.

(6) Any further pertinent information which the

reporting party deems to be an aid in the evaluation of the

report.

The Medical Board or Department may also exercise the

power under Section 38 of this Act to subpoena copies of

hospital or medical records in mandatory report cases alleging

death or permanent bodily injury. Appropriate rules shall be

adopted by the Department with the approval of the Medical

Board.

When the Department has received written reports

concerning incidents required to be reported in items (34),

(35), and (36) of subsection (A) of Section 22, the licensee's

failure to report the incident to the Department under those

items shall not be the sole grounds for disciplinary action.

Nothing contained in this Section shall act to, in any

way, waive or modify the confidentiality of medical reports

and committee reports to the extent provided by law. Any

information reported or disclosed shall be kept for the

confidential use of the Medical Board, the Medical

Coordinators, the Medical Board's attorneys, the medical

investigative staff, and authorized clerical staff, as

provided in this Act, and shall be afforded the same status as

is provided information concerning medical studies in Part 21

of Article VIII of the Code of Civil Procedure, except that the

Department may disclose information and documents to a

federal, State, or local law enforcement agency pursuant to a

subpoena in an ongoing criminal investigation or to a health

care licensing body or medical licensing authority of this

State or another state or jurisdiction pursuant to an official

request made by that licensing body or medical licensing

authority. Furthermore, information and documents disclosed to

a federal, State, or local law enforcement agency may be used

by that agency only for the investigation and prosecution of a

criminal offense, or, in the case of disclosure to a health

care licensing body or medical licensing authority, only for

investigations and disciplinary action proceedings with regard

to a license. Information and documents disclosed to the

Department of Public Health may be used by that Department

only for investigation and disciplinary action regarding the

license of a health care institution licensed by the

Department of Public Health.

(C) Immunity from prosecution. Any individual or

organization acting in good faith, and not in a wilful and

wanton manner, in complying with this Act by providing any

report or other information to the Medical Board or a peer

review committee, or assisting in the investigation or

preparation of such information, or by voluntarily reporting

to the Medical Board or a peer review committee information

regarding alleged errors or negligence by a person licensed

under this Act, or by participating in proceedings of the

Medical Board or a peer review committee, or by serving as a

member of the Medical Board or a peer review committee, shall

not, as a result of such actions, be subject to criminal

prosecution or civil damages.

(D) Indemnification. Members of the Medical Board, the

Medical Coordinators, the Medical Board's attorneys, the

medical investigative staff, physicians retained under

contract to assist and advise the medical coordinators in the

investigation, and authorized clerical staff shall be

indemnified by the State for any actions occurring within the

scope of services on the Medical Board, done in good faith and

not wilful and wanton in nature. The Attorney General shall

defend all such actions unless he or she determines either

that there would be a conflict of interest in such

representation or that the actions complained of were not in

good faith or were wilful and wanton.

Should the Attorney General decline representation, the

member shall have the right to employ counsel of his or her

choice, whose fees shall be provided by the State, after

approval by the Attorney General, unless there is a

determination by a court that the member's actions were not in

good faith or were wilful and wanton.

The member must notify the Attorney General within 7 days

of receipt of notice of the initiation of any action involving

services of the Medical Board. Failure to so notify the

Attorney General shall constitute an absolute waiver of the

right to a defense and indemnification.

The Attorney General shall determine within 7 days after

receiving such notice, whether he or she will undertake to

represent the member.

(E) Deliberations of Medical Board. Upon the receipt of

any report called for by this Act, other than those reports of

impaired persons licensed under this Act required pursuant to

the rules of the Medical Board, the Medical Board shall notify

in writing, by mail or email, the person who is the subject of

the report. Such notification shall be made within 30 days of

receipt by the Medical Board of the report.

The notification shall include a written notice setting

forth the person's right to examine the report. Included in

such notification shall be the address at which the file is

maintained, the name of the custodian of the reports, and the

telephone number at which the custodian may be reached. The

person who is the subject of the report shall submit a written

statement responding, clarifying, adding to, or proposing the

amending of the report previously filed. The person who is the

subject of the report shall also submit with the written

statement any medical records related to the report. The

statement and accompanying medical records shall become a

permanent part of the file and must be received by the Medical

Board no more than 30 days after the date on which the person

was notified by the Medical Board of the existence of the

original report.

The Medical Board shall review all reports received by it,

together with any supporting information and responding

statements submitted by persons who are the subject of

reports. The review by the Medical Board shall be in a timely

manner but in no event, shall the Medical Board's initial

review of the material contained in each disciplinary file be

less than 61 days nor more than 180 days after the receipt of

the initial report by the Medical Board.

When the Medical Board makes its initial review of the

materials contained within its disciplinary files, the Medical

Board shall, in writing, make a determination as to whether

there are sufficient facts to warrant further investigation or

action. Failure to make such determination within the time

provided shall be deemed to be a determination that there are

not sufficient facts to warrant further investigation or

action.

Should the Medical Board find that there are not

sufficient facts to warrant further investigation, or action,

the report shall be accepted for filing and the matter shall be

deemed closed and so reported to the Secretary. The Secretary

shall then have 30 days to accept the Medical Board's decision

or request further investigation. The Secretary shall inform

the Medical Board of the decision to request further

investigation, including the specific reasons for the

decision. The individual or entity filing the original report

or complaint and the person who is the subject of the report or

complaint shall be notified in writing by the Secretary of any

final action on their report or complaint. The Department

shall disclose to the individual or entity who filed the

original report or complaint, on request, the status of the

Medical Board's review of a specific report or complaint. Such

request may be made at any time, including prior to the Medical

Board's determination as to whether there are sufficient facts

to warrant further investigation or action.

(F) Summary reports. The Medical Board shall prepare, on a

timely basis, but in no event less than once every other month,

a summary report of final disciplinary actions taken upon

disciplinary files maintained by the Medical Board. The

summary reports shall be made available to the public upon

request and payment of the fees set by the Department. This

publication may be made available to the public on the

Department's website. Information or documentation relating to

any disciplinary file that is closed without disciplinary

action taken shall not be disclosed and shall be afforded the

same status as is provided by Part 21 of Article VIII of the

Code of Civil Procedure.

(G) Any violation of this Section shall be a Class A

misdemeanor.

(H) If any such person violates the provisions of this

Section an action may be brought in the name of the People of

the State of Illinois, through the Attorney General of the

State of Illinois, for an order enjoining such violation or

for an order enforcing compliance with this Section. Upon

filing of a verified petition in such court, the court may

issue a temporary restraining order without notice or bond and

may preliminarily or permanently enjoin such violation, and if

it is established that such person has violated or is

violating the injunction, the court may punish the offender

for contempt of court. Proceedings under this paragraph shall

be in addition to, and not in lieu of, all other remedies and

penalties provided for by this Section.

(I) The Department may adopt rules to implement the

changes made by this amendatory Act of the 102nd General

Assembly.

(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21.)

Article 26.

Section 26-5. The Illinois Parentage Act of 2015 is

amended by changing Sections 704 and 709 as follows:

(750 ILCS 46/704)

Sec. 704. Withdrawal of consent of intended parent or

donor. An intended parent or donor may withdraw consent to use

his or her gametes in a writing or legal pleading with notice

to the other participants. An intended parent who withdraws

consent under this Section prior to the insemination or embryo

transfer is not a parent of any resulting child. If a donor

withdraws consent to his or her donation prior to the

insemination or the combination of gametes, the intended

parent is not the parent of any resulting child. If the

intended parent or parents no longer wish to use any remaining

cryopreserved fertilized ovum for medical purposes, the terms

of the most recent informed consent of the intended parent or

parents executed at the fertility center or a marital

settlement agreement under a judgment of dissolution of

marriage, judgment of legal separation, or judgment of

dissolution of civil union governs the disposition of the

fertilized ovum.

(Source: P.A. 99-763, eff. 1-1-17.)

(750 ILCS 46/709)

Sec. 709. Establishment of parentage; requirements of

Gestational Surrogacy Act.

(a) In the event of gestational surrogacy, in addition to

the requirements of the Gestational Surrogacy Act, a

parent-child relationship is established between a person and

a child if all of the following conditions are met prior to the

birth of the child:

(1) The gestational surrogate certifies that she did

not provide a gamete for the child, and that she is

carrying the child for the intended parents.

(2) The spouse, if any, of the gestational surrogate

certifies that he or she did not provide a gamete for the

child.

(3) Each intended parent, or the parent's legally

authorized designee if an intended parent dies, certifies

that the child being carried by the gestational surrogate

was conceived using at least one of the intended parents'

gametes.

(4) A physician licensed in the state in which the

fertilized ovum was inseminated or transferred to the

gestational surrogate certifies that the child being

carried by the gestational surrogate was conceived using

the gamete or gametes of at least one of the intended

parents, and that neither the gestational surrogate nor

the gestational surrogate's spouse, if any, provided

gametes for the child being carried by the gestational

surrogate.

(5) The attorneys for the intended parents and the

gestational surrogate each certify that the parties

entered into a gestational surrogacy agreement intended to

satisfy the requirements of the Gestational Surrogacy Act.

(b) All certifications under this Section shall be in

writing and witnessed by 2 competent adults who are not the

gestational surrogate, gestational surrogate's spouse, if any,

or an intended parent. Certifications shall be on forms

prescribed by the Illinois Department of Public Health and

shall be executed prior to the birth of the child. All

certifications shall be provided, prior to the birth of the

child, to both the hospital where the gestational surrogate

anticipates the delivery will occur and to the Illinois

Department of Public Health.

(c) Parentage established in accordance with this Section

has the full force and effect of a judgment entered under this

Act.

(d) The Illinois Department of Public Health shall adopt

rules to implement this Section.

(Source: P.A. 99-763, eff. 1-1-17.)

Article 27.

Section 27-5. The Illinois Insurance Code is amended by

changing Section 356z.4a as follows:

(215 ILCS 5/356z.4a)

Sec. 356z.4a. Coverage for abortion.

(a) Except as otherwise provided in this Section, no

individual or group policy of accident and health insurance

that provides pregnancy-related benefits may be issued,

amended, delivered, or renewed in this State after the

effective date of this amendatory Act of the 101st General

Assembly unless the policy provides a covered person with

coverage for abortion care. Regardless of whether the policy

otherwise provides prescription drug benefits, abortion care

coverage must include medications that are obtained through a

prescription and used to terminate a pregnancy, regardless of

whether there is proof of a pregnancy.

(b) Coverage for abortion care may not impose any

deductible, coinsurance, waiting period, or other cost-sharing

limitation that is greater than that required for other

pregnancy-related benefits covered by the policy.

(c) Except as otherwise authorized under this Section, a

policy shall not impose any restrictions or delays on the

coverage required under this Section.

(d) This Section does not, pursuant to 42 U.S.C.

18054(a)(6), apply to a multistate plan that does not provide

coverage for abortion.

(e) If the Department concludes that enforcement of this

Section may adversely affect the allocation of federal funds

to this State, the Department may grant an exemption to the

requirements, but only to the minimum extent necessary to

ensure the continued receipt of federal funds.

(Source: P.A. 101-13, eff. 6-12-19.)

Article 28.

Section 28-5. Short title. This Article may be cited as

the Lawful Health Care Activity Act. References in this

Article to "this Act" mean this Article.

Section 28-10. Definitions. As used in this Act:

"Lawful health care" means:

(1) reproductive health care that is not unlawful

under the laws of this State, including on any theory of

vicarious, joint, several, or conspiracy liability; or

(2) the treatment of gender dysphoria or the

affirmation of an individual's gender identity or gender

expression, including, but not limited to, all supplies,

care, and services of a medical, behavioral health, mental

health, surgical, psychiatric, therapeutic, diagnostic,

preventative, rehabilitative, or supportive nature that is

not unlawful under the laws of this State, including on

any theory of vicarious, joint, several, or conspiracy

liability.

"Lawful health care activity" means seeking, providing,

receiving, assisting in seeking, providing, or receiving,

providing material support for, or traveling to obtain lawful

health care.

"Reproductive health care" shall have the same meaning as

Section 1-10 of the Reproductive Health Act.

Section 28-15. Conflict of law. Notwithstanding any

general or special law or common law conflict of law rule to

the contrary, the laws of this State shall govern in any case

or controversy heard in this State related to lawful health

care activity.

Section 28-20. Limits on execution of foreign judgments.

In any action filed to enforce the judgment of a foreign state,

issued in connection with any litigation concerning lawful

health care, the court hearing the action shall not give any

force or effect to any judgment issued without jurisdiction.

Section 28-25. Severability. The provisions of this Act

are severable under Section 1.31 of the Statute on Statutes.

Section 28-30. The Uniform Interstate Depositions and

Discovery Act is amended by changing Section 3 and by adding

Section 3.5 as follows:

(735 ILCS 35/3)

Sec. 3. Issuance of subpoena.

(a) To request issuance of a subpoena under this Section,

a party must submit a foreign subpoena to a clerk of court in

the county in which discovery is sought to be conducted in this

State. A request for the issuance of a subpoena under this Act

does not constitute an appearance in the courts of this State.

(b) When a party submits a foreign subpoena to a clerk of

court in this State, the clerk, in accordance with that

court's procedure, shall promptly issue a subpoena for service

upon the person to which the foreign subpoena is directed

unless issuance is prohibited by Section 3.5.

(c) A subpoena under subsection (b) must:

(A) incorporate the terms used in the foreign

subpoena; and

(B) contain or be accompanied by the names, addresses,

and telephone numbers of all counsel of record in the

proceeding to which the subpoena relates and of any party

not represented by counsel.

(Source: P.A. 99-79, eff. 1-1-16.)

(735 ILCS 35/3.5 new)

Sec. 3.5. Unenforceable foreign subpoenas.

(a) If a request for issuance of a subpoena pursuant to

this Act seeks documents or information related to lawful

health care activity, as defined in the Lawful Health Care

Activity Act, or seeks documents in support of any claim that

interferes with rights under the Reproductive Health Act, then

the person or entity requesting the subpoena shall include an

attestation, signed under penalty of perjury, confirming and

identifying that an exemption in subsection (c) applies. Any

false attestation submitted under this Section or the failure

to submit an attestation required by this Section shall be

subject to a statutory penalty of $10,000 per violation.

Submission of such attestation shall subject the attestor to

the jurisdiction of the courts of this State for any suit,

penalty, or damages arising out of a false attestation under

this Section.

(b) No clerk of court shall issue a subpoena based on a

foreign subpoena that:

(1) requests information or documents related to

lawful health care activity, as defined in the Lawful

Health Care Activity Act; or

(2) is related to the enforcement of another state's

law that would interfere with an individual's rights under

the Reproductive Health Act.

(c) A clerk of court may issue the subpoena if the subpoena

includes the attestation as described in subsection (a) and

the subpoena relates to:

(1) an out-of-state action founded in tort, contract,

or statute brought by the patient who sought or received

the lawful health care or the patient's authorized legal

representative, for damages suffered by the patient or

damages derived from an individual's loss of consortium of

the patient, and for which a similar claim would exist

under the laws of this State; or

(2) an out-of-state action founded in contract brought

or sought to be enforced by a party with a contractual

relationship with the individual whose documents or

information are the subject of the subpoena and for which

a similar claim would exist under the laws of this State.

(d) Any person or entity served with a subpoena reasonably

believed to be issued in violation of this Section shall not

comply with the subpoena.

(e) Any person or entity who is the recipient of, or whose

lawful health care is the subject of, a subpoena reasonably

believed to be issued in violation of this Section may, but is

not required to, move to modify or quash the subpoena.

(f) No court shall issue an order compelling a person or

entity to comply with a subpoena found to be in violation of

this Section.

(g) As used in this Section, "lawful health care" and

"lawful health care activity" have the meanings given to those

terms in Section 28-10 of the Lawful Health Care Activity Act.

(h) The Supreme Court shall have jurisdiction to adopt

rules for the implementation of this Section.

Section 28-35. The Uniform Act to Secure the Attendance of

Witnesses from Within or Without a State in Criminal

Proceedings is amended by changing Section 2 as follows:

(725 ILCS 220/2)  (from Ch. 38, par. 156-2)

Sec. 2. Summoning witness in this state to testify in

another state.

If a judge of a court of record in any state which by its

laws has made provision for commanding persons within that

state to attend and testify in this state certifies under the

seal of such court that there is a criminal prosecution

pending in such court, or that a grand jury investigation has

commenced or is about to commence, that a person being within

this state is a material witness in such prosecution, or grand

jury investigation, and his presence will be required for a

specified number of days, upon presentation of such

certificate to any judge of a court in the county in which such

person is, such judge shall fix a time and place for a hearing,

and shall make an order directing the witness to appear at a

time and place certain for the hearing.

If at a hearing the judge determines that the witness is

material and necessary, that it will not cause undue hardship

to the witness to be compelled to attend and testify in the

prosecution or a grand jury investigation in the other state,

and that the laws of the state in which the prosecution is

pending, or grand jury investigation has commenced or is about

to commence (and of any other state through which the witness

may be required to pass by ordinary course of travel), will

give to him protection from arrest and the service of civil and

criminal process, he shall issue a summons, with a copy of the

certificate attached, directing the witness to attend and

testify in the court where the prosecution is pending, or

where a grand jury investigation has commenced or is about to

commence at a time and place specified in the summons. In any

such hearing the certificate shall be prima facie evidence of

all the facts stated therein.

If said certificate recommends that the witness be taken

into immediate custody and delivered to an officer of the

requesting state to assure his attendance in the requesting

state, such judge may, in lieu of notification of the hearing,

direct that such witness be forthwith brought before him for

said hearing; and the judge at the hearing being satisfied of

the desirability of such custody and delivery, for which

determination the certificate shall be prima facie proof of

such desirability may, in lieu of issuing subpoena or summons,

order that said witness be forthwith taken into custody and

delivered to an officer of the requesting state.

No subpoena, summons, or order shall be issued for a

witness to provide information or testimony in relation to any

proceeding if the charge is based on conduct that involves

lawful health care activity, as defined by the Lawful Health

Care Activity Act, that is not unlawful under the laws of this

State. This limitation does not apply for the purpose of

complying with obligations under Brady v. Maryland (373 U.S.

83) or Giglio v. United States (405 U.S. 150).

If the witness, who is summoned as above provided, after

being paid or tendered by some properly authorized person the

sum of 10 cents a mile for each mile by the ordinary travel

route to and from the court where the prosecution is pending

and five dollars for each day that he is required to travel and

attend as a witness, fails without good cause to attend and

testify as directed in the summons, he shall be punished in the

manner provided for the punishment of any witness who disobeys

a summons issued from a court in this state.

(Source: Laws 1967, p. 3804.)

Section 28-40. The Uniform Criminal Extradition Act is

amended by changing Section 6 as follows:

(725 ILCS 225/6)  (from Ch. 60, par. 23)

Sec. 6. Extradition of persons not present in demanding

state at time of commission of crime.

The Governor of this State may also surrender, on demand

of the Executive Authority of any other state, any person in

this State charged in such other state in the manner provided

in Section 3 with committing an act in this State, or in a

third state, intentionally resulting in a crime in the state

whose Executive Authority is making the demand. However, the

Governor of this State shall not surrender such a person if the

charge is based on conduct that involves seeking, providing,

receiving, assisting in seeking, providing, or receiving,

providing material support for, or traveling to obtain lawful

health care, as defined by Section 28-10 of the Lawful Health

Care Activity Act, that is not unlawful under the laws of this

State, including a charge based on any theory of vicarious,

joint, several, or conspiracy liability.

(Source: Laws 1955, p. 1982.)

Article 29.

Section 29-5. Short title. This Article may be cited as

the Protecting Reproductive Health Care Services Act.

References in this Article to "this Act" mean this Article.

Section 29-10. Definitions. As used in this Act:

"Advanced practice registered nurse" has the same meaning

as it does in Section 50-10 of the Nurse Practice Act.

"Health care professional" means a person who is licensed

as a physician, advanced practice registered nurse, or

physician assistant.

"Person" includes an individual, a partnership, an

association, a limited liability company, or a corporation.

"Physician" means any person licensed to practice medicine

in all its branches under the Medical Practice Act of 1987.

"Physician assistant" has the same meaning as it does in

Section 4 of the Physician Assistant Practice Act of 1987.

"Reproductive health care services" means health care

offered, arranged, or furnished for the purpose of preventing

pregnancy, terminating a pregnancy, managing pregnancy loss,

or improving maternal health and birth outcomes. "Reproductive

health care services" includes, but is not limited to:

contraception; sterilization; preconception care; maternity

care; abortion care; and counseling regarding reproductive

health care.

Section 29-15. Right of action.

(a) When any person has had a judgment entered against

such person, in any state, where liability, in whole or in

part, is based on the alleged provision, receipt, assistance

in receipt or provision, material support for, or any theory

of vicarious, joint, several, or conspiracy liability derived

therefrom, for reproductive health care services that are

permitted under the laws of this State, such person may

recover damages from any party that brought the action leading

to that judgment or has sought to enforce that judgment.

(b) Any person aggrieved by conduct in subsection (a)

shall have a right of action in a State circuit court or as a

supplemental claim in federal district court against any party

that brought the action leading to that judgment or has sought

to enforce that judgment. This lawsuit must be brought not

later than 2 years after the violation of subsection (a).

(c) If the court finds that a violation of subsection (a)

has occurred, the court may award to the plaintiff:

(1) actual damages created by the action that led to

that judgment, including, but not limited to, money

damages in the amount of the judgment in that other state

and costs, expenses, and reasonable attorney's fees spent

in defending the action that resulted in the entry of a

judgment in another state; and

(2) costs, expenses, and reasonable attorney's fees,

including expert witness fees and other litigation

expenses, incurred in bringing an action under this Act as

may be allowed by the court.

(d) The provisions of this Act shall not apply to a

judgment entered in another state that is based on:

(1) an action founded in tort, contract, or statute,

and for which a similar claim would exist under the laws of

this State, brought by the patient who received the

reproductive health care services upon which the original

lawsuit was based or the patient's authorized legal

representative, for damages suffered by the patient or

damages derived from an individual's loss of consortium of

the patient;

(2) an action founded in contract, and for which a

similar claim would exist under the laws of this State,

brought or sought to be enforced by a party with a

contractual relationship with the person that is the

subject of the judgment entered in another state; or

(3) an action where no part of the acts that formed the

basis for liability occurred in this State.

Article 30.

Section 30-5. The Illinois Insurance Code is amended by

adding Section 356z.60 as follows:

(215 ILCS 5/356z.60 new)

Sec. 356z.60. Coverage for abortifacients, hormonal

therapy, and human immunodeficiency virus pre-exposure

prophylaxis and post-exposure prophylaxis.

(a) As used in this Section:

"Abortifacients" means any medication administered to

terminate a pregnancy by a health care professional.

"Health care professional" means a physician licensed to

practice medicine in all of its branches, licensed advanced

practice registered nurse, or physician assistant.

"Hormonal therapy medication" means hormonal treatment

administered to treat gender dysphoria.

"Therapeutic equivalent version" means drugs, devices, or

products that can be expected to have the same clinical effect

and safety profile when administered to patients under the

conditions specified in the labeling and that satisfy the

following general criteria:

(1) it is approved as safe and effective;

(2) it is a pharmaceutical equivalent in that it:

(A) contains identical amounts of the same active

drug ingredient in the same dosage form and route of

administration; and

(B) meets compendial or other applicable standards

of strength, quality, purity, and identity;

(3) it is bioequivalent in that:

(A) it does not present a known or potential

bioequivalence problem and it meets an acceptable in

vitro standard; or

(B) if it does present such a known or potential

problem, it is shown to meet an appropriate

bioequivalence standard;

(4) it is adequately labeled; and

(5) it is manufactured in compliance with Current Good

Manufacturing Practice regulations adopted by the United

States Food and Drug Administration.

(b) An individual or group policy of accident and health

insurance amended, delivered, issued, or renewed in this State

after January 1, 2024 shall provide coverage for all

abortifacients, hormonal therapy medication, human

immunodeficiency virus pre-exposure prophylaxis and

post-exposure prophylaxis drugs approved by the United States

Food and Drug Administration, and follow-up services related

to that coverage, including, but not limited to, management of

side effects, medication self-management or adherence

counseling, risk reduction strategies, and mental health

counseling.

(c) The coverage required under subsection (b) is subject

to the following conditions:

(1) If the United States Food and Drug Administration

has approved one or more therapeutic equivalent versions

of an abortifacient drug, a policy is not required to

include all such therapeutic equivalent versions in its

formulary so long as at least one is included and covered

without cost sharing and in accordance with this Section.

(2) If an individual's attending provider recommends a

particular drug approved by the United States Food and

Drug Administration based on a determination of medical

necessity with respect to that individual, the plan or

issuer must defer to the determination of the attending

provider and must cover that service or item without cost

sharing.

(3) If a drug is not covered, plans and issuers must

have an easily accessible, transparent, and sufficiently

expedient process that is not unduly burdensome on the

individual or a provider or other individual acting as a

patient's authorized representative to ensure coverage

without cost sharing.

(d) Except as otherwise provided in this Section, a policy

subject to this Section shall not impose a deductible,

coinsurance, copayment, or any other cost-sharing requirement

on the coverage provided. The provisions of this subsection do

not apply to coverage of procedures to the extent such

coverage would disqualify a high-deductible health plan from

eligibility for a health savings account pursuant to the

federal Internal Revenue Code, 26 U.S.C. 223.

(e) Except as otherwise authorized under this Section, a

policy shall not impose any restrictions or delays on the

coverage required under this Section.

(f) The coverage requirements in this Section for

abortifacients do not, pursuant to 42 U.S.C. 18054(a)(6),

apply to a multistate plan that does not provide coverage for

abortion.

(g) If the Department concludes that enforcement of any

coverage requirement of this Section for abortifacients may

adversely affect the allocation of federal funds to this

State, the Department may grant an exemption to that

requirement, but only to the minimum extent necessary to

ensure the continued receipt of federal funds.

Section 30-10. The State Employees Group Insurance Act of

1971 is amended by changing Section 6.11 as follows:

(5 ILCS 375/6.11)

(Text of Section before amendment by P.A. 102-768)

Sec. 6.11. Required health benefits; Illinois Insurance

Code requirements. The program of health benefits shall

provide the post-mastectomy care benefits required to be

covered by a policy of accident and health insurance under

Section 356t of the Illinois Insurance Code. The program of

health benefits shall provide the coverage required under

Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,

356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,

356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,

356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,

356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and

356z.51, and 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and

356z.60 of the Illinois Insurance Code. The program of health

benefits must comply with Sections 155.22a, 155.37, 355b,

356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois

Insurance Code. The Department of Insurance shall enforce the

requirements of this Section with respect to Sections 370c and

370c.1 of the Illinois Insurance Code; all other requirements

of this Section shall be enforced by the Department of Central

Management Services.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;

101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.

1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,

eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;

102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.

1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816,

eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;

revised 12-13-22.)

(Text of Section after amendment by P.A. 102-768)

Sec. 6.11. Required health benefits; Illinois Insurance

Code requirements. The program of health benefits shall

provide the post-mastectomy care benefits required to be

covered by a policy of accident and health insurance under

Section 356t of the Illinois Insurance Code. The program of

health benefits shall provide the coverage required under

Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,

356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,

356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,

356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,

356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and

356z.51, and 356z.53, 356z.54, 356z.55, 356z.56, 356z.57,

356z.59, and 356z.60 of the Illinois Insurance Code. The

program of health benefits must comply with Sections 155.22a,

155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of

the Illinois Insurance Code. The Department of Insurance shall

enforce the requirements of this Section with respect to

Sections 370c and 370c.1 of the Illinois Insurance Code; all

other requirements of this Section shall be enforced by the

Department of Central Management Services.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;

101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.

1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,

eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;

102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff.

1-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813,

eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23;

102-1093, eff. 1-1-23; revised 12-13-22.)

Section 30-15. The Health Maintenance Organization Act is

amended by changing Section 5-3 as follows:

(215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)

Sec. 5-3. Insurance Code provisions.

(a) Health Maintenance Organizations shall be subject to

the provisions of Sections 133, 134, 136, 137, 139, 140,

141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,

154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2,

355.3, 355b, 355c, 356g.5-1, 356m, 356q, 356v, 356w, 356x,

356y, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,

356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,

356z.15, 356z.17, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,

356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,

356z.35, 356z.36, 356z.40, 356z.41, 356z.46, 356z.47, 356z.48,

356z.50, 356z.51, 256z.53, 356z.54, 356z.56, 356z.57, 356z.59,

356z.60, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,

368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,

408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of

subsection (2) of Section 367, and Articles IIA, VIII 1/2,

XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the

Illinois Insurance Code.

(b) For purposes of the Illinois Insurance Code, except

for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

Health Maintenance Organizations in the following categories

are deemed to be "domestic companies":

(1) a corporation authorized under the Dental Service

Plan Act or the Voluntary Health Services Plans Act;

(2) a corporation organized under the laws of this

State; or

(3) a corporation organized under the laws of another

state, 30% or more of the enrollees of which are residents

of this State, except a corporation subject to

substantially the same requirements in its state of

organization as is a "domestic company" under Article VIII

1/2 of the Illinois Insurance Code.

(c) In considering the merger, consolidation, or other

acquisition of control of a Health Maintenance Organization

pursuant to Article VIII 1/2 of the Illinois Insurance Code,

(1) the Director shall give primary consideration to

the continuation of benefits to enrollees and the

financial conditions of the acquired Health Maintenance

Organization after the merger, consolidation, or other

acquisition of control takes effect;

(2)(i) the criteria specified in subsection (1)(b) of

Section 131.8 of the Illinois Insurance Code shall not

apply and (ii) the Director, in making his determination

with respect to the merger, consolidation, or other

acquisition of control, need not take into account the

effect on competition of the merger, consolidation, or

other acquisition of control;

(3) the Director shall have the power to require the

following information:

(A) certification by an independent actuary of the

adequacy of the reserves of the Health Maintenance

Organization sought to be acquired;

(B) pro forma financial statements reflecting the

combined balance sheets of the acquiring company and

the Health Maintenance Organization sought to be

acquired as of the end of the preceding year and as of

a date 90 days prior to the acquisition, as well as pro

forma financial statements reflecting projected

combined operation for a period of 2 years;

(C) a pro forma business plan detailing an

acquiring party's plans with respect to the operation

of the Health Maintenance Organization sought to be

acquired for a period of not less than 3 years; and

(D) such other information as the Director shall

require.

(d) The provisions of Article VIII 1/2 of the Illinois

Insurance Code and this Section 5-3 shall apply to the sale by

any health maintenance organization of greater than 10% of its

enrollee population (including without limitation the health

maintenance organization's right, title, and interest in and

to its health care certificates).

(e) In considering any management contract or service

agreement subject to Section 141.1 of the Illinois Insurance

Code, the Director (i) shall, in addition to the criteria

specified in Section 141.2 of the Illinois Insurance Code,

take into account the effect of the management contract or

service agreement on the continuation of benefits to enrollees

and the financial condition of the health maintenance

organization to be managed or serviced, and (ii) need not take

into account the effect of the management contract or service

agreement on competition.

(f) Except for small employer groups as defined in the

Small Employer Rating, Renewability and Portability Health

Insurance Act and except for medicare supplement policies as

defined in Section 363 of the Illinois Insurance Code, a

Health Maintenance Organization may by contract agree with a

group or other enrollment unit to effect refunds or charge

additional premiums under the following terms and conditions:

(i) the amount of, and other terms and conditions with

respect to, the refund or additional premium are set forth

in the group or enrollment unit contract agreed in advance

of the period for which a refund is to be paid or

additional premium is to be charged (which period shall

not be less than one year); and

(ii) the amount of the refund or additional premium

shall not exceed 20% of the Health Maintenance

Organization's profitable or unprofitable experience with

respect to the group or other enrollment unit for the

period (and, for purposes of a refund or additional

premium, the profitable or unprofitable experience shall

be calculated taking into account a pro rata share of the

Health Maintenance Organization's administrative and

marketing expenses, but shall not include any refund to be

made or additional premium to be paid pursuant to this

subsection (f)). The Health Maintenance Organization and

the group or enrollment unit may agree that the profitable

or unprofitable experience may be calculated taking into

account the refund period and the immediately preceding 2

plan years.

The Health Maintenance Organization shall include a

statement in the evidence of coverage issued to each enrollee

describing the possibility of a refund or additional premium,

and upon request of any group or enrollment unit, provide to

the group or enrollment unit a description of the method used

to calculate (1) the Health Maintenance Organization's

profitable experience with respect to the group or enrollment

unit and the resulting refund to the group or enrollment unit

or (2) the Health Maintenance Organization's unprofitable

experience with respect to the group or enrollment unit and

the resulting additional premium to be paid by the group or

enrollment unit.

In no event shall the Illinois Health Maintenance

Organization Guaranty Association be liable to pay any

contractual obligation of an insolvent organization to pay any

refund authorized under this Section.

(g) Rulemaking authority to implement Public Act 95-1045,

if any, is conditioned on the rules being adopted in

accordance with all provisions of the Illinois Administrative

Procedure Act and all rules and procedures of the Joint

Committee on Administrative Rules; any purported rule not so

adopted, for whatever reason, is unauthorized.

(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;

101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff.

1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625,

eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

eff. 1-1-23; revised 12-13-22.)

Section 30-20. The Voluntary Health Services Plans Act is

amended by changing Section 10 as follows:

(215 ILCS 165/10)  (from Ch. 32, par. 604)

Sec. 10. Application of Insurance Code provisions. Health

services plan corporations and all persons interested therein

or dealing therewith shall be subject to the provisions of

Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,

143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,

356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,

356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,

356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,

356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,

356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,

356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,

356z.56, 356z.57, 356z.59, 356z.60, 364.01, 364.3, 367.2,

368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and

paragraphs (7) and (15) of Section 367 of the Illinois

Insurance Code.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;

101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff.

1-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306,

eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21;

102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, eff.

1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860,

eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. 1-1-23;

revised 12-13-22.)

Section 30-25. The Illinois Public Aid Code is amended by

changing Section 5-16.8 as follows:

(305 ILCS 5/5-16.8)

Sec. 5-16.8. Required health benefits. The medical

assistance program shall (i) provide the post-mastectomy care

benefits required to be covered by a policy of accident and

health insurance under Section 356t and the coverage required

under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,

356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,

356z.47, and 356z.51, and 356z.53, 356z.56, 356z.59, and

356z.60 of the Illinois Insurance Code, (ii) be subject to the

provisions of Sections 356z.19, 356z.44, 356z.49, 364.01,

370c, and 370c.1 of the Illinois Insurance Code, and (iii) be

subject to the provisions of subsection (d-5) of Section 10 of

the Network Adequacy and Transparency Act.

The Department, by rule, shall adopt a model similar to

the requirements of Section 356z.39 of the Illinois Insurance

Code.

On and after July 1, 2012, the Department shall reduce any

rate of reimbursement for services or other payments or alter

any methodologies authorized by this Code to reduce any rate

of reimbursement for services or other payments in accordance

with Section 5-5e.

To ensure full access to the benefits set forth in this

Section, on and after January 1, 2016, the Department shall

ensure that provider and hospital reimbursement for

post-mastectomy care benefits required under this Section are

no lower than the Medicare reimbursement rate.

(Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20;

101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff.

1-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144,

eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;

102-530, eff. 1-1-22; 102-642, eff. 1-1-22; 102-804, eff.

1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093,

eff. 1-1-23; revised 12-14-22.)

Article 99.

Section 99-95. No acceleration or delay. Where this Act

makes changes in a statute that is represented in this Act by

text that is not yet or no longer in effect (for example, a

Section represented by multiple versions), the use of that

text does not accelerate or delay the taking effect of (i) the

changes made by this Act or (ii) provisions derived from any

other Public Act.

Section 99-97. Severability. The provisions of this Act

are severable under Section 1.31 of the Statute on Statutes.

Section 99-99. Effective date. This Act takes effect upon

becoming law.