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Illinois General Assembly· HB 3711Governor Approved

PROFESSIONAL MISCONDUCT, the official text

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HB3711 Enrolled                     LRB104 09787 AAS 19853 b

1   AN ACT concerning regulation.

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

3 represented in the General Assembly:

4   Section 5. The Department of Professional Regulation Law

5 of the Civil Administrative Code of Illinois is amended by

6 adding Sections 2105-390, 2105-391, and 2105-392 as follows:

7   (20 ILCS 2105/2105-390 new)

8   Sec. 2105-390. Health professionals; duty to report.

9   (a) As used in this Section:

10  "Health professional" means: (1) a person licensed or

11 registered by the Department of Financial and Professional

12 Regulation under the following Acts: the Medical Practice Act

13 of 1987, the Nurse Practice Act, the Acupuncture Practice Act,

14 the Illinois Athletic Trainers Practice Act, the Behavior

15 Analyst Licensing Act, the Clinical Psychologist Licensing

16 Act, the Clinical Social Work and Social Work Practice Act,

17 the Illinois Dental Practice Act, the Dietitian Nutritionist

18 Practice Act, the Marriage and Family Therapy Licensing Act,

19 the Music Therapy Licensing and Practice Act, the Massage

20 Therapy Practice Act, the Naprapathic Practice Act, the

21 Licensed Certified Professional Midwife Practice Act, the

22 Nursing Home Administrators Licensing and Disciplinary Act,

23 the Illinois Occupational Therapy Practice Act, the Illinois
    HB3711 Enrolled          -2-  LRB104 09787 AAS 19853 b

1 Optometric Practice Act of 1987, the Orthotics, Prosthetics,

2 and Pedorthics Practice Act, the Pharmacy Practice Act, the

3 Illinois Physical Therapy Act, the Physician Assistant

4 Practice Act of 1987, the Podiatric Medical Practice Act of

5 1987, the Respiratory Care Practice Act, the Professional

6 Counselor and Clinical Professional Counselor Licensing and

7 Practice Act, the Sex Offender Evaluation and Treatment

8 Provider Act, the Illinois Speech-Language Pathology and

9 Audiology Practice Act, the Perfusionist Practice Act, the

10 Registered Surgical Assistant and Registered Surgical

11 Technologist Title Protection Act, or the Genetic Counselor

12 Licensing Act; or (2) a person in any profession that the

13 Department of Financial and Professional Regulation adds by

14 rule.

15  "Intimate conduct" means the following conduct by a health

16 professional:

17        (1) engaging in behavior, gestures, or expressions

18  that are seductive, sexually suggestive, or sexually

19  demeaning to a patient or client in the course of

20  professional service, including, but not limited to, the

21  following:

22        (A) neglecting to employ disrobing or draping

23        practices that respect the patient's or client's

24        privacy or deliberately watching a patient or client

25        dress or undress;

26        (B) subjecting a patient or client to an intimate
    HB3711 Enrolled  -3-                LRB104 09787 AAS 19853 b

1   examination in the presence of students or other

2   persons not delivering professional services without

3   the patient's or client's informed consent or after

4   the withdrawal of informed consent by the patient or

5   client;

6       (C) performing an intimate examination or service;

7       (D) capturing an image of a patient's or client's

8   genitals, anus, breast, or sexualized body part, or

9   transmitting such an image to oneself or to another;

10  or

11      (E) requesting details of a patient's or client's

12  sexual history or sexual likes or dislikes;

13  (2) other than displaying, or attempting to display,

14  anatomical images or models as part of clinical treatment

15  or patient education, whether in the health professional's

16  physical or virtual place of work:

17      (A) engaging in an act or displaying an image of a

18  sexual or seductive nature, or attempting to engage in

19  an act or display an image of a sexual or seductive

20  nature, in view of an individual who does not consent

21  to view the act or image or who is incapable of

22  consenting to such viewing; or

23      (B) communicating an image of the genitals, anus,

24  breast, or sexualized body part of an individual when

25  the individual or the recipient of the communication

26  does not consent to the communication.
    HB3711 Enrolled            -4-     LRB104 09787 AAS 19853 b

1   "Reportable conduct" means conduct that must be reported

2 pursuant to subsection (b).

3   "Retaliatory action" has the meaning given to that term in

4 Section 5 of the Whistleblower Act.

5   "Sexual conduct" means the following conduct by a health

6 professional:

7   (1) engaging in behavior with a patient or client that

8   is sexual, or may be reasonably interpreted as sexual, in

9   the course of professional service, including, but not

10  limited to, the following:

11  (A) genital to genital contact, oral to genital

12  contact, genital to anal contact, or oral to anal

13  contact;

14  (B) kissing in a romantic or sexual manner;

15  (C) touching the genitals, anus, breast, or any

16  other sexualized body part for any purpose other than

17  appropriate clinical examination or professional

18  service;

19  (D) touching the genitals, anus, breast, or any

20  other sexualized body part after the patient or

21  client, who has the capacity to give consent, has

22  refused or has withdrawn consent for such touching,

23  or, in the case of a patient who does not have the

24  capacity to give consent, the patient's or client's

25  decision-maker has refused or has withdrawn consent

26  for such touching;
    HB3711 Enrolled     -5-     LRB104 09787 AAS 19853 b

1   (E) encouraging the patient or client to

2   masturbate in the presence of the professional or

3   masturbation by the professional while the patient or

4   client is present;

5   (F) encouraging the patient or client to engage in

6   a sexual act with another person in the presence of the

7   professional;

8   (G) offering to provide professional services to a

9   patient or client in exchange for sexual favors;

10  (H) examination or touching of a patient's or

11  client's genital mucosal areas without the use of

12  gloves;

13  (I) making sexualized or sexually demeaning

14  comments to a patient or client, making inappropriate

15  comments about potential sexual performance,

16  criticizing the patient's or client's sexual

17  orientation, or making sexual or seductive comments

18  about a patient's or client's body or underclothing;

19  (J) using the professional-patient or

20  professional-client relationship to solicit a romantic

21  or sexual relationship; or

22  (K) initiating a conversation regarding the

23  professional's sexual problems, preferences, or

24  fantasies; or

25  (2) in the health professional's physical place of

26  work, making physical contact of a sexual or seductive
    HB3711 Enrolled            -6-  LRB104 09787 AAS 19853 b

1   nature, or attempting to make such contact, with an

2   individual who does not consent to the contact or who is

3   incapable of consenting to such contact when the conduct

4   does not occur as part of a professional service.

5   (b) Unless excluded by subsection (c), a health

6 professional shall report to the Department of Financial and

7 Professional Regulation within 24 hours after:

8   (1) witnessing sexual conduct or intimate conduct at

9   the person's physical or virtual place of work or

10  otherwise witnessing such conduct in the person's

11  professional capacity;

12  (2) developing reasonable cause to believe that a

13  health professional at the person's physical or virtual

14  place of work or a health professional otherwise known to

15  the person in the person's professional capacity may have

16  committed sexual conduct or intimate conduct; or

17  (3) receiving a report, either written or oral, from a

18  patient, client, patient representative, or client

19  representative alleging sexual conduct or intimate conduct

20  involving a patient or client.

21  (c) A person with a duty to report under subsection (b)

22 need not report the following:

23  (1) conduct that the Department of Financial and

24  Professional Regulation has, by rule, excluded from the

25  duty to report or has informed the person in writing that

26  they need not report; and
    HB3711 Enrolled  -7-         LRB104 09787 AAS 19853 b

1   (2) intimate conduct when:

2   (A) it is not sexual conduct; and

3   (B) the person: (i) knows that the health

4   professional committed the conduct accidentally, and

5   the person has no reason to believe that the health

6   professional engaged in, or was accused of engaging

7   in, similar conduct on a separate occasion, or (ii)

8   has a good faith belief that the health professional's

9   conduct was clinically or professionally justified.

10  (d) If reportable conduct occurred at a hospital or

11 hospital affiliate subject to the requirements of Section 9.6

12 of the Hospital Licensing Act, a person with a duty to report

13 under subsection (b) satisfies that duty, without needing to

14 file the report specified in subsection (e), by:

15  (1) providing, within 24 hours, to the designated

16  hospital administrator responsible for providing reports

17  to the Department of Public Health in accordance with

18  Section 9.6 of the Hospital Licensing Act, an account of

19  the reportable conduct; and

20  (2) receiving confirmation from such administrator,

21  within 48 hours of providing the account, that the

22  hospital or hospital affiliate will investigate or has

23  investigated the account; if the person does not receive

24  such confirmation within that 48-hour time period, the

25  person shall make the report to the Department of

26  Financial and Professional Regulation in accordance with
    HB3711 Enrolled  -8-       LRB104 09787 AAS 19853 b

1   subsection (e) within 24 hours after the expiration of

2   that 48-hour time period.

3   Nothing in this subsection prohibits the person from

4 filing the report specified in subsection (e) with the

5 Department of Financial and Professional Regulation.

6   (e) A report required by subsection (b) shall be in

7 writing and shall contain the following information:

8   (1) the name, address, telephone number, and email

9   address of the person making the report;

10  (2) the name, address, telephone number, and email

11  address of the health professional who is the subject of

12  the report and the profession and professional license

13  number of such health professional, if known;

14  (3) the name, address, or other contact information of

15  the individual or individuals who made the allegation of

16  reportable conduct that is the subject of the report;

17  (4) a description of the acts that are alleged to have

18  occurred, including the name and age of the patient or

19  client involved, the location, date, and time of the

20  alleged acts, and a copy of any document or file

21  containing the allegations received by the hospital;

22  (5) a brief description of the facts that gave rise to

23  the issuance of the report, including the date of

24  receiving the oral or written allegation; and

25  (6) any extenuating information or further pertinent

26  information that the reporting party deems to be an aid in
    HB3711 Enrolled  -9-                LRB104 09787 AAS 19853 b

1   the evaluation of the report, including, without

2   limitation, information showing that the health

3   professional was acting in self-defense.

4   (f) The Department of Financial and Professional

5 Regulation shall provide a means for a person to report an

6 incident of reportable conduct, regardless of whether such

7 report is mandated by law, on its website.

8   (g) A person participating in good faith in the creation

9 of a report under this Section or participating in or

10 assisting with an investigation related to such a report shall

11 have immunity from any civil, criminal, professional, or other

12 liability that might result by reason of those actions,

13 including, but not limited to, defamation actions or tortious

14 interference with contract actions.

15  (h) Individuals and entities licensed or otherwise

16 authorized to practice or operate by the Department of

17 Financial and Professional Regulation or the Department of

18 Public Health shall not take any retaliatory action against

19 any person who lawfully and in good faith made a report under

20 this Section because of the person making such a report.

21  (i) A report made under this Section does not create a

22 presumption that the health professional who is the subject of

23 the report has committed a violation or a criminal act. If the

24 Department of Financial and Professional Regulation seeks to

25 impose discipline on a health professional due to a report

26 received under this Section, nothing in this Section shall
    HB3711 Enrolled          - 10 - LRB104 09787 AAS 19853 b

1 modify the elements that the Department must establish to

2 justify such discipline under the health professional's

3 applicable licensing Act.

4   (j) A health professional shall report any instance where

5 another health professional willfully fails to report alleged

6 reportable conduct to the Department of Financial and

7 Professional Regulation as required under this Section.

8   (k) A report made under this Section is subject to the

9 confidentiality provisions of Section 2105-117.

10  (l) The Department of Financial and Professional

11 Regulation may adopt any rules necessary to implement,

12 administer, and enforce this Section.

13  (20 ILCS 2105/2105-391 new)

14  Sec. 2105-391. Health organizations; duty to report.

15  (a) As used in this Section:

16  "Health professional" has the meaning given to that term

17 in Section 2105-390.

18  "Intimate conduct" has the meaning given to that term in

19 Section 2105-390.

20  "Sexual conduct" has the meaning given to that term in

21 Section 2105-390.

22  "Reportable conduct" has the meaning given to that term in

23 Section 2105-390.

24  "Reporting organization" means:

25  (1) an entity that employs or contracts for the
    HB3711 Enrolled  - 11 - LRB104 09787 AAS 19853 b

1   services of health professionals and is (i) registered

2   with the Department of Financial and Professional

3   Regulation or the Division of Professional Regulation

4   under the Professional Service Corporation Act, the

5   Medical Corporation Act, the Professional Limited

6   Liability Company Act, or the Limited Liability Company

7   Act; (ii) organized under the Business Corporation Act of

8   1983; or (iii) licensed by the Department of Public

9   Health; or

10  (2) an entity that facilitates the placement of health

11  professionals into organizations that provide health care

12  services.

13  (b) A reporting organization shall submit a report to the

14 Department of Financial and Professional Regulation within 24

15 hours after:

16  (1) if the reporting organization is not a hospital or

17  hospital affiliate, initiating an investigation of an

18  allegation that a health professional engaged in conduct

19  that another health professional would have a duty to

20  report under subsection (b) of Section 2105-390;

21  (2) terminating its relationship with, suspending,

22  placing on leave, or materially changing the professional

23  privileges of a health professional following an

24  allegation that the health professional engaged in sexual

25  conduct or intimate conduct; except that a hospital or

26  hospital affiliate need not report a temporary suspension
    HB3711 Enrolled          - 12 - LRB104 09787 AAS 19853 b

1   or leave when they occur pending an internal review under

2   Section 9.6 of the Hospital Licensing Act until the

3   earlier of (i) the conclusion of the investigation and

4   such suspension or leave is made permanent, or (ii) such

5   temporary suspension or leave status lasts longer than 30

6   days; or

7   (3) a health professional resigning, ceasing his or

8   her services, or accepting a material change in

9   professional responsibilities following an allegation that

10  the health professional engaged in sexual conduct or

11  intimate conduct.

12  (c) The Department of Financial and Professional

13 Regulation may request from the Department of Public Health,

14 and the Department of Public Health shall provide, copies of

15 logs or reports received by the Department of Public Health

16 pursuant to Section 9.6 of the Hospital Licensing Act.

17  (d) A report required by subsection (b) shall be in

18 writing. The report shall contain the following information:

19  (1) the name of the reporting organization making the

20  report and the name, address, telephone number, and email

21  address of the person making the report on behalf of the

22  reporting organization;

23  (2) the name, address, telephone number, and email

24  address of the health professional who is the subject of

25  the report and the profession and professional license

26  number of such health professional, if known;
    HB3711 Enrolled  - 13 - LRB104 09787 AAS 19853 b

1   (3) the name, address, or other contact information of

2   the individual or individuals who made the allegation that

3   is the subject of the report;

4   (4) a description of the acts that are alleged to have

5   occurred, including the name and age of the patient or

6   client involved, the location, date, and time of the

7   alleged acts, and a copy of any document or file

8   containing the allegations received by the reporter; and

9   (5) any extenuating information or further pertinent

10  information that the reporting organization deems to be an

11  aid in the evaluation of the report, including, without

12  limitation, information showing that the health

13  professional was acting in self-defense.

14  (e) A reporting organization shall take reasonable steps

15 to deliver the following message, or one substantially similar

16 to it, at least annually to each person who is under an

17 obligation to report reportable conduct pursuant to Section

18 2105-390 and who the reporting organization employs, contracts

19 with, or has working in its physical or virtual facilities:

20 "You may report any incidents of actual or potential

21 misconduct by health professionals or other persons licensed

22 by the Illinois Department of Financial and Professional

23 Regulation (IDFPR), including incidents that you choose to

24 voluntarily report and incidents subject to mandatory

25 reporting under 20 ILCS 2105/2105-390, at IDFPR's website.".

26 Reasonable steps include, but are not limited to: (1)
    HB3711 Enrolled           - 14 - LRB104 09787 AAS 19853 b

1 providing such message during training sessions; or (2)

2 posting signage, either by physical or electronic means, in a

3 conspicuous location in the reporting organization's physical

4 location.

5   (f) A reporting organization and its staff who are

6 participating in good faith in the creation of a report under

7 this Section or participating in or assisting with an

8 investigation related to such a report shall have immunity

9 from any civil, criminal, professional, or other liability

10 that might result by reason of those actions, including, but

11 not limited to, defamation actions and tortious interference

12 with contract.

13  (g) A report made under this Section does not create a

14 presumption that the health professional who is the subject of

15 the report has committed a violation or a criminal act. If the

16 Department of Financial and Professional Regulation seeks to

17 impose discipline on a health professional due to a report

18 received under this Section, nothing in this Section shall

19 modify the elements that the Department must establish to

20 justify such discipline under the health professional's

21 applicable licensing Act.

22  (h) Nothing in this Section prevents a reporting

23 organization from initiating, conducting, or completing its

24 own investigation of the sexual conduct or intimate conduct at

25 issue in the report while an investigation, hearing, or other

26 action related to the report is, or may be, pending at the
    HB3711 Enrolled   - 15 - LRB104 09787 AAS 19853 b

1 Department of Financial and Professional Regulation.

2   (i) The Department of Financial and Professional

3 Regulation shall, as soon as possible, but not later than 21

4 days after such request, respond to a request for an update on

5 the status of a report from an individual acting on behalf of:

6   (1) the reporting organization making the report under

7   this Section; or

8   (2) a hospital or hospital affiliate who has made the

9   report:

10           (A) to the Department of Public Health which has

11  been provided to the Department of Financial and

12  Professional Regulation pursuant to subsection (c); or

13           (B) directly to the Department of Financial and

14  Professional Regulation. In its response, the

15  Department of Financial and Professional Regulation

16  shall indicate that either the investigation of the

17  report is closed or is still ongoing. The Department

18  of Financial and Professional Regulation may require

19  documentation establishing that the individual making

20  the update request is doing so as an agent of such

21  reporting organization, hospital, or hospital

22  affiliate prior to accepting the request.

23  (j) A reporting organization may submit a written request

24 to the Department of Financial and Professional Regulation

25 that specifically identifies a health professional who is the

26 reporting organization's employee, contractor, or affiliated
    HB3711 Enrolled          - 16 - LRB104 09787 AAS 19853 b

1 provider and request a copy of any formal complaint filed

2 against the health professional by the Department of Financial

3 and Professional Regulation or any chaperone order or

4 disciplinary order issued by the Department of Financial and

5 Professional Regulation against such health professional. The

6 Department of Financial and Professional Regulation shall,

7 within 21 days of such request, provide the requested

8 documents in response.

9   (k) A report made under this Section is subject to the

10 confidentiality provisions of Section 2105-117.

11  (l) The Department of Financial and Professional

12 Regulation may adopt any rules necessary to implement,

13 administer, and enforce this Section.

14  (20 ILCS 2105/2105-392 new)

15  Sec. 2105-392. State's Attorney; report of arrests,

16 charges, or convictions.

17  (a) As used in this Section:

18  "Health professional" has the meaning given to that term

19 in Section 2105-390.

20  "Intimate conduct" has the meaning given to that term in

21 Section 2105-390.

22  "Sexual conduct" has the meaning given to that term in

23 Section 2105-390.

24  (b) The State's Attorney of a county, or his or her

25 designee, shall report the arrest of, or the bringing of
    HB3711 Enrolled      - 17 - LRB104 09787 AAS 19853 b

1 charges against, a person for an offense based on sexual

2 conduct or intimate conduct to the Department of Financial and

3 Professional Regulation if the person is someone who the

4 State's Attorney's office knows or has reason to believe is a

5 health professional.

6   (c) A report under subsection (b) shall be made within 5

7 days after the arrest or the bringing of charges and the report

8 shall include the health professional's name, a description of

9 the conduct on which the offense is based, and, if known, the

10 health professional's home address and practice address.

11  (d) The State's Attorney shall report to the Department of

12 Financial and Professional Regulation within 5 days after the

13 conviction for a felony or Class A misdemeanor of a person who

14 the State's Attorney's office knows or has reason to believe

15 is licensed or registered by the Department of Financial and

16 Professional Regulation as a health professional.

17  (e) The Department of Financial and Professional

18 Regulation may adopt any rules necessary to implement,

19 administer, and enforce this Section.

20  Section 10. The Hospital Licensing Act is amended by

21 changing Sections 6.14c, 7, and 9.6 as follows:

22  (210 ILCS 85/6.14c)

23  Sec. 6.14c. Posting of information.

24  (a) Every hospital shall conspicuously post, either by
    HB3711 Enrolled       - 18 - LRB104 09787 AAS 19853 b

1 physical or electronic means, for display in an area of its

2 offices accessible to patients, employees, and visitors the

3 following:

4   (1) its current license;

5   (2) signage, whether multiple signs or a combined

6   sign, that includes:

7             (A) a description, provided by the Department, of:

8   (i) complaint procedures established under this Act,

9   including procedures for allegations of abuse and

10  reportable conduct under Section 9.6; (ii) and the

11  name, address, and telephone number of a person

12  authorized by the Department to receive complaints;

13  and (iii) the contact number of the Department and

14  local law enforcement;

15            (B) a description of: (i) the hospital's process

16  for employees to report allegations of abuse to

17  hospital administration, including that hospital

18  administration is required to investigate, document,

19  and send reports and logs to the Department; and (ii)

20  the process by which employees may report allegations

21  of abuse to the Department, including

22  DPH.HospitalReports@illinois.gov, the Department's

23  email address for such reports; and

24            (C) the following message, or one substantially

25  similar to it: "You may report any incidents of actual

26  or potential misconduct by health professionals or
    HB3711 Enrolled      - 19 - LRB104 09787 AAS 19853 b

1   other persons licensed by the Illinois Department of

2   Financial and Professional Regulation (IDFPR),

3   including incidents that you choose to voluntarily

4   report and incidents subject to mandatory reporting

5   under 20 ILCS 2105/2105-390, at IDFPR's website.";

6   (3) a list of any orders pertaining to the hospital

7   issued by the Department during the past year and any

8   court orders reviewing such Department orders issued

9   during the past year; and

10  (4) a list of the material available for public

11  inspection under Section 6.14d.

12  (b) Each hospital shall post, either by physical or

13 electronic means, in each facility that has an emergency room,

14 a notice in a conspicuous location in the emergency room with

15 information about how to enroll in health insurance through

16 the Illinois health insurance marketplace in accordance with

17 Sections 1311 and 1321 of the federal Patient Protection and

18 Affordable Care Act.

19 (Source: P.A. 101-117, eff. 1-1-20; 102-4, eff. 4-27-21.)

20  (210 ILCS 85/7) (from Ch. 111 1/2, par. 148)

21  Sec. 7. (a) The Director after notice and opportunity for

22 hearing to the applicant or licensee may deny, suspend, or

23 revoke a permit to establish a hospital or deny, suspend, or

24 revoke a license to open, conduct, operate, and maintain a

25 hospital in any case in which he finds that there has been a
    HB3711 Enrolled          - 20 - LRB104 09787 AAS 19853 b

1 substantial failure to comply with the provisions of this Act,

2 the Hospital Report Card Act, or the Illinois Adverse Health

3 Care Events Reporting Law of 2005 or the standards, rules, and

4 regulations established by virtue of any of those Acts. The

5 Department may impose fines on hospitals, not to exceed $500

6 per occurrence, for failing to (1) initiate a criminal

7 background check on a patient that meets the criteria for

8 hospital-initiated background checks; or (2) report the death

9 of a person known to be a resident of a facility licensed under

10 the ID/DD Community Care Act or the MC/DD Act to the coroner or

11 medical examiner within 24 hours as required by Section 6.09a

12 of this Act; or (3) comply with Section 3.2 of the Criminal

13 Identification Act. In assessing whether to impose such a fine

14 for failure to initiate a criminal background check, the

15 Department shall consider various factors, including, but not

16 limited to, whether the hospital has engaged in a pattern or

17 practice of failing to initiate criminal background checks.

18 Money from fines shall be deposited into the Long-Term Long

19 Term Care Provider Fund.

20  (a-5) If a hospital demonstrates a pattern or practice of

21 failing to substantially comply with the requirements of

22 Section 10.10 or the hospital's written staffing plan, the

23 hospital shall provide a plan of correction to the Department

24 within 60 days. The Department may impose fines as follows:

25 (i) if a hospital fails to implement a written staffing plan

26 for nursing services, a fine not to exceed $500 per occurrence
    HB3711 Enrolled  - 21 - LRB104 09787 AAS 19853 b

1 may be imposed; (ii) if a hospital demonstrates a pattern or

2 practice of failing to substantially comply with a plan of

3 correction within 60 days after the plan takes effect, a fine

4 not to exceed $500 per occurrence may be imposed; and (iii) if

5 a hospital demonstrates for a second or subsequent time a

6 pattern or practice of failing to substantially comply with a

7 plan of correction within 60 days after the plan takes effect,

8 a fine not to exceed $1,000 per occurrence may be imposed.

9 Reports of violations of Section 10.10 shall be subject to

10 public disclosure under Section 6.14a. Money from fines

11 imposed under within this subsection (a-5) shall be deposited

12 into the Hospital Licensure Fund, and money from fines for

13 violations of Section 10.10 shall be used for scholarships

14 under the Nursing Education Scholarship Law.

15  (a-10) Failure to comply with subsection (a), (a-1), (b),

16 (c), (d), (d-1), (e), (f), (g), (g-1), or (j) of Section 9.6

17 may result in the following fines: (1) $10,000 for the first

18 violation; (2) $15,000 for a second violation within 5 years

19 of the first violation if there has been no change in ownership

20 since the first violation; and (3) $25,000 for a third

21 violation and every subsequent violation within 7 years of the

22 first violation if there has been no change in ownership since

23 the first violation. Money from fines imposed under this

24 subsection (a-10) relating to incidents involving sexual abuse

25 or assault shall be deposited into the Sexual Assault Services

26 and Prevention Fund. All other fines recovered relating to
    HB3711 Enrolled  - 22 - LRB104 09787 AAS 19853 b

1 this subsection (a-10) shall be deposited into the Hospital

2 Licensure Fund. The Department may adopt rules to further

3 implement these provisions, including the process and time

4 frame for submission and approval of a plan of correction. The

5 Department may conduct an investigation or inspection as

6 deemed necessary. The failure to submit an approved plan of

7 correction may result in the Department imposing a plan of

8 correction on the facility. The Department may conduct a visit

9 or request additional information to determine whether the

10 hospital is following the approved or imposed plan of

11 correction.

12  (b) Such notice shall be effected by certified registered

13 mail or by personal service setting forth the particular

14 reasons for the proposed action and fixing a date, not less

15 than 15 days from the date of such mailing or service, at which

16 time the applicant or licensee shall be given an opportunity

17 for a hearing. Such hearing shall be conducted by the Director

18 or by an employee of the Department designated in writing by

19 the Director as Hearing Officer to conduct the hearing. On the

20 basis of any such hearing, or upon default of the applicant or

21 licensee, the Director shall make a determination specifying

22 his findings and conclusions. In case of a denial to an

23 applicant of a permit to establish a hospital, such

24 determination shall specify the subsection of Section 6 under

25 which the permit was denied and shall contain findings of fact

26 forming the basis of such denial. A copy of such determination
    HB3711 Enrolled      - 23 - LRB104 09787 AAS 19853 b

1 shall be sent by certified registered mail or served

2 personally upon the applicant or licensee. The decision

3 denying, suspending, or revoking a permit or a license shall

4 become final 35 days after it is so mailed or served, unless

5 the applicant or licensee, within such 35-day 35 day period,

6 petitions for review pursuant to Section 13.

7   (c) The procedure governing hearings authorized by this

8 Section shall be in accordance with rules promulgated by the

9 Department and approved by the Hospital Licensing Board. A

10 full and complete record shall be kept of all proceedings,

11 including the notice of hearing, complaint, and all other

12 documents in the nature of pleadings, written motions filed in

13 the proceedings, and the report and orders of the Director and

14 Hearing Officer. All testimony shall be reported but need not

15 be transcribed unless the decision is appealed pursuant to

16 Section 13. A copy or copies of the transcript may be obtained

17 by any interested party on payment of the cost of preparing

18 such copy or copies.

19  (d) The Director or Hearing Officer shall, upon his own

20 motion, or on the written request of any party to the

21 proceeding, issue subpoenas requiring the attendance and the

22 giving of testimony by witnesses, and subpoenas duces tecum

23 requiring the production of books, papers, records, or

24 memoranda. All subpoenas and subpoenas duces tecum issued

25 under the terms of this Act may be served by any person of full

26 age. The fees of witnesses for attendance and travel shall be
    HB3711 Enrolled  - 24 - LRB104 09787 AAS 19853 b

1 the same as the fees of witnesses before the Circuit Court of

2 this State, such fees to be paid when the witness is excused

3 from further attendance. When the witness is subpoenaed at the

4 instance of the Director, or Hearing Officer, such fees shall

5 be paid in the same manner as other expenses of the Department,

6 and when the witness is subpoenaed at the instance of any other

7 party to any such proceeding, the Department may require that

8 the cost of service of the subpoena or subpoena duces tecum and

9 the fee of the witness be borne by the party at whose instance

10 the witness is summoned. In such case, the Department, in its

11 discretion, may require a deposit to cover the cost of such

12 service and witness fees. A subpoena or subpoena duces tecum

13 issued as aforesaid shall be served in the same manner as a

14 subpoena issued out of a court.

15  (e) Any Circuit Court of this State upon the application

16 of the Director, or upon the application of any other party to

17 the proceeding, may, in its discretion, compel the attendance

18 of witnesses, the production of books, papers, records, or

19 memoranda and the giving of testimony before the Director or

20 Hearing Officer conducting an investigation or holding a

21 hearing authorized by this Act, by an attachment for contempt,

22 or otherwise, in the same manner as production of evidence may

23 be compelled before the court.

24  (f) The Director or Hearing Officer, or any party in an

25 investigation or hearing before the Department, may cause the

26 depositions of witnesses within the State to be taken in the
    HB3711 Enrolled    - 25 - LRB104 09787 AAS 19853 b

1 manner prescribed by law for like depositions in civil actions
2 in courts of this State, and to that end compel the attendance
3 of witnesses and the production of books, papers, records, or
4 memoranda.
5 (Source: P.A. 102-641, eff. 8-27-21; revised 6-25-25.)

6   (210 ILCS 85/9.6)

7   Sec. 9.6. Patient protection; reports related to patient

8 abuse and reportable conduct from abuse.

9   (a) No administrator, agent, or employee of a hospital or

10 a hospital affiliate, or a member of a hospital's medical

11 staff, or any other staff providing contracted services in the

12 hospital or hospital-affiliated clinic, may abuse a patient in

13 the hospital or in a facility operated by a hospital

14 affiliate.

15  (a-1) A hospital or hospital affiliate shall adopt a

16 written policy regarding patient protection from abuse and the

17 logging and reporting of obligations under this Section. The

18 Department may periodically conduct on-site reviews of such

19 policies.

20  (b) Any hospital administrator, agent, employee, or

21 medical staff member, any hospital-affiliated clinic's

22 professional staff under the hospital's or hospital's health

23 system's ownership, or an administrator, employee, or

24 physician employed by a hospital affiliate, who is made aware

25 of allegations of abuse or reportable conduct or has
    HB3711 Enrolled  - 26 - LRB104 09787 AAS 19853 b

1 reasonable cause to believe that any patient with whom he or

2 she has direct contact has been subjected to abuse or

3 reportable conduct in the hospital or hospital affiliate shall

4 promptly provide an account of the allegation or belief or

5 cause an account of the allegation or belief to be provided

6 report or cause a report to be made to a designated hospital

7 administrator responsible for providing such reports to the

8 Department as required by this Section.

9   (c) Retaliatory action Retaliation against a person who

10 lawfully and in good faith provides an account or causes an

11 account to be provided under subsection (b) makes a report

12 under this Section is prohibited.

13  (d) Upon receiving an account a report under subsection

14 (b) of this Section, the hospital or hospital affiliate shall

15 immediately initiate an internal review as set forth in

16 subsection (f) of this Section. The hospital or hospital

17 affiliate shall, within 48 hours after receiving the account,

18 assess the information gathered in the internal review and

19 determine whether reasonable cause to support the account

20 exists, reasonable cause to support the account does not

21 exist, or further investigation is needed. If it determines

22 that reasonable cause to support the account exists or that

23 further investigation is needed, the hospital or hospital

24 affiliate shall submit a report of the account to the

25 Department in accordance with subsection (g) within 24 hours

26 after such determination. If it determines that reasonable
    HB3711 Enrolled          - 27 - LRB104 09787 AAS 19853 b

1 cause to support the account does not exist, the hospital or

2 hospital affiliate shall document and log the account, in

3 accordance with subsection (g-1), within 24 hours after such

4 determination submit the report to the Department within 24

5 hours of obtaining such report. In the event that the hospital

6 or hospital affiliate receives multiple accounts reports

7 involving a single alleged instance of abuse or reportable

8 conduct, the hospital or hospital affiliate shall submit one

9 report to the Department.

10  (d-1) If, at any time, additional evidence becomes

11 available that changes the determination of whether there was

12 reasonable cause to support the account or not, the hospital

13 or hospital affiliate shall adjust its records accordingly.

14 Specifically, (i) if the account was originally determined to

15 be supported by reasonable cause, but subsequent evidence

16 reveals that there is no reasonable cause, then the hospital

17 or hospital affiliate shall file an amendment to its report to

18 the Department so indicating, or (ii) if the account was

19 originally determined not to be supported by reasonable cause,

20 but subsequent evidence reveals that there is reasonable

21 cause, then the hospital or hospital affiliate shall, within

22 24 hours, file a report with the Department in accordance with

23 subsection (g) and update its log so indicating.

24  (d-2) If the hospital or hospital affiliate requires

25 additional time to make a determination whether there is

26 reasonable cause to support an account or not in accordance
    HB3711 Enrolled  - 28 - LRB104 09787 AAS 19853 b

1 with subsection (d) due to staff who need to be interviewed as

2 part of the internal review not being available due to time off

3 or not being scheduled to work, then the hospital or hospital

4 affiliate shall have an additional 24 hours within which to

5 report or log the account as required in subsection (d). In

6 such an event, the hospital or hospital affiliate shall

7 clearly note the fact in the report or log, as applicable, that

8 the additional time was due to the unavailability of staff as

9 specified in this subsection (d-2).

10  (e) Upon receiving an account under subsection (b) a

11 report under this Section, the hospital or hospital affiliate

12 shall promptly take necessary action conduct an internal

13 review to ensure the alleged victim's safety. Measures to

14 protect the alleged victim shall be taken as deemed necessary

15 by the hospital's administrator and may include, but are not

16 limited to: (i), removing suspected violators from further

17 patient contact during the hospital's or hospital affiliate's

18 internal review; (ii) requiring a third party to accompany the

19 suspected violator while such person is engaged in patient

20 care activities; or (iii) such other measures as deemed

21 appropriate by the hospital administrator to ensure patient

22 safety. If the alleged victim lacks decision-making capacity

23 under the Health Care Surrogate Act and no health care

24 surrogate is available, the hospital or hospital affiliate may

25 contact the Illinois Guardianship and Advocacy Commission to

26 determine the need for a temporary guardian of that person.
    HB3711 Enrolled  - 29 - LRB104 09787 AAS 19853 b

1   (f) All internal hospital and hospital affiliate internal

2 reviews shall be conducted by a designated employee or agent

3 who is qualified to detect abuse and is not involved in the

4 alleged victim's treatment. All internal review findings must

5 be documented and filed according to the policy adopted by the

6 hospital or hospital affiliate pursuant to subsection (a-1).

7 Internal reviews may include, but are not limited to: (i)

8 interviewing the alleged victim and family members of the

9 alleged victim, the suspected violator, and ancillary staff

10 who may have witnessed the event or have knowledge of the

11 event; (ii) with the alleged victim's consent, conducting

12 physical exams and documenting any findings; (iii) reviewing

13 any video recordings or other records that may be available;

14 and (iv) such other investigatory activities as may be

15 reasonable and appropriate. hospital or hospital affiliate

16 procedures and shall be made available to the Department upon

17 request.

18  (g) A report required by subsection (d) shall be in

19 writing and shall contain the following information:

20  (1) the name of the hospital or hospital affiliate

21  making the report and the name, address, telephone number,

22  and email address of the administrator making the report

23  on its behalf;

24  (2) the name, address, telephone number, and email

25  address of the person who is accused and, if the person is

26  professionally licensed, the profession and professional
    HB3711 Enrolled      - 30 - LRB104 09787 AAS 19853 b

1   license number of the person, if known;

2   (3) the name, address, or other contact information of

3   the individual or individuals who raised the allegation or

4   belief that is the subject of the report;

5   (4) the name and age of the patient involved and the

6   nature of their condition, including any evidence of

7   previous injuries or disabilities;

8   (5) a description of the acts that are alleged to have

9   occurred, including the location, date, and time of the

10  alleged acts, and a copy of any document or file

11  containing the allegations received by the hospital or

12  hospital affiliate;

13  (6) any extenuating information or further pertinent

14  information that the reporting party deems to be an aid in

15  the evaluation of the report, including, without

16  limitation, information showing that the accused person

17  was acting in self-defense;

18  (7) a statement as to whether, at the time of the

19  filing of the report, the hospital's or hospital

20  affiliate's internal review is (i) complete or (ii)

21  ongoing and, if still ongoing, an estimated date for

22  completion; and

23  (8) if the report concerns abuse of unknown cause, any

24  other information that the reporter believes might be

25  helpful in establishing the cause of the reported abuse

26  and the identity of the person believed to have caused the
    HB3711 Enrolled      - 31 - LRB104 09787 AAS 19853 b

1   abuse. Any other person may make a report of patient abuse

2   to the Department if that person has reasonable cause to

3   believe that a patient has been abused in the hospital or

4   hospital affiliate.

5   (g-1) If an internal review conducted pursuant to

6 subsections (d) and (f) determines that reasonable cause to

7 support the account does not exist, the hospital or hospital

8 affiliate shall document and log such findings within 24 hours

9 after such determination. The log shall include the following

10 information:

11  (1) the name, address, telephone number, and email

12  address of the person who was accused and, if the person is

13  professionally licensed, the profession and professional

14  license number of the person, if known;

15  (2) the name, address, or other contact information of

16  the individual or individuals who raised the allegation or

17  belief that was the subject of the account;

18  (3) the name and age of the patient involved and the

19  nature of the patient's condition, including any evidence

20  of previous injuries or disabilities;

21  (4) a description of the acts that were alleged to

22  have occurred, including the location, date, and time of

23  the alleged acts, and a copy of any document or file

24  containing the allegations received by the hospital or

25  hospital affiliate;

26  (5) any extenuating information or further pertinent
    HB3711 Enrolled  - 32 - LRB104 09787 AAS 19853 b

1   information that the reporting party deems to be an aid in

2   the evaluation of the report, including, without

3   limitation, information showing that the accused person

4   was acting in self-defense;

5         (6) if the account concerns abuse of unknown cause,

6   any other information that the reporter believes might be

7   helpful in establishing the cause of the reported abuse

8   and the identity of the person believed to have caused the

9   abuse;

10        (7) a summary of the investigation, including the

11  steps taken during the investigation;

12        (8) a summary of the investigation's findings,

13  including why it was determined that reasonable cause to

14  support the account did not exist; and

15        (9) any other information that may be helpful in

16  explaining the investigation or reason for the

17  investigation's findings.

18  Commencing on December 31, 2027, hospitals shall submit

19 their logs to the Department twice per year. Additionally, the

20 Department or the Department of Financial and Professional

21 Regulation may request to review a hospital's log at any time

22 and from time to time, and the hospital shall provide such

23 logs.

24  (h) Any other person may make a report of patient abuse or

25 reportable conduct to the Department if that person has

26 reasonable cause to believe that a patient has been abused or
    HB3711 Enrolled  - 33 - LRB104 09787 AAS 19853 b

1 otherwise harmed in the hospital or hospital affiliate. The

2 report required under this Section shall include: the name of

3 the patient; the name and address of the hospital or hospital

4 affiliate treating the patient; the age of the patient; the

5 nature of the patient's condition, including any evidence of

6 previous injuries or disabilities; and any other information

7 that the reporter believes might be helpful in establishing

8 the cause of the reported abuse and the identity of the person

9 believed to have caused the abuse.

10  (i) A report made under this Section does not create a

11 presumption that the hospital or hospital affiliate that has

12 submitted the report, or the persons against whom the

13 allegations in the report are made, has committed a violation

14 or a criminal act. Except for willful or wanton misconduct,

15 any individual, person, institution, hospital, hospital

16 affiliate, or agency participating in good faith in the making

17 of a report under this Section, or in the investigation of such

18 a report or in making a disclosure of information concerning

19 reports of abuse or reportable conduct under this Section,

20 shall have immunity from any liability, whether civil,

21 professional, or criminal, that otherwise might result by

22 reason of such actions, including, but not limited to, any

23 defamation actions or tortious interference with contract

24 action. For the purpose of any proceedings, whether civil,

25 professional, or criminal, the good faith of any persons

26 required to report cases of suspected abuse or reportable
    HB3711 Enrolled  - 34 - LRB104 09787 AAS 19853 b

1 conduct under this Section or who disclose information

2 concerning reports of abuse or reportable conduct in

3 compliance with this Section, shall be presumed.

4   (j) No administrator, agent, or employee of a hospital or

5 hospital affiliate shall adopt or employ practices or

6 procedures designed to discourage good faith reporting of

7 patient abuse or reportable conduct under this Section.

8   (k) (Blank). Every hospital and hospital affiliate shall

9 ensure that all new and existing employees are trained in the

10 detection and reporting of abuse of patients and retrained at

11 least every 2 years thereafter.

12  (l) The Department shall investigate each report of

13 patient abuse made under this Section according to the

14 procedures of the Department and review all logs submitted by

15 hospitals twice per year, except that a report of abuse which

16 indicates that a patient's life or safety is in imminent

17 danger shall be investigated within 24 hours of such report.

18 Under no circumstances may a hospital's or hospital

19 affiliate's internal review of an allegation of abuse replace

20 an investigation of the allegation by the Department. Within

21 30 days after receiving such a report, the Department shall

22 provide the reporting organization with an update as to the

23 status of the report indicating that the Department has

24 completed the investigation or that the investigation is still

25 ongoing. Thereafter, reporting organizations may contact the

26 Department for updates as to status of reports and anticipated
    HB3711 Enrolled       - 35 - LRB104 09787 AAS 19853 b

1 time frames for final disposition. The Department shall

2 respond to all requests for a status update within 10 days.

3   (m) The Department shall keep a continuing record of all

4 reports made pursuant to this Section, including indications

5 of the final determination of any investigation and the final

6 disposition of all reports. The Department shall inform the

7 investigated hospital or hospital affiliate and any other

8 person making a report under subsection (h) (g) of its final

9 determination or disposition in writing.

10  (n) The Department shall not disclose to the public any

11 information regarding any reports and investigations under

12 this Section unless and until the report of abuse is

13 substantiated following a full and proper investigation and a

14 final Department decision has been made.

15  (o) All patient identifiable information in any report or

16 investigation under this Section shall be confidential and

17 shall not be disclosed except as authorized by this Act or

18 other applicable law.

19  (p) Nothing in this Section relieves a hospital or

20 hospital affiliate administrator, or an employee, agent, or

21 medical staff member of the hospital or hospital affiliate

22 administrator from contacting appropriate law enforcement

23 authorities as required by law.

24  (q) Nothing in this Section shall be construed to mean

25 that a patient is a victim of abuse because of health care

26 services provided or not provided by health care
    HB3711 Enrolled             - 36 - LRB104 09787 AAS 19853 b

1 professionals.

2   (r) Nothing in this Section shall require a hospital or

3 hospital affiliate, including its employees, agents, and

4 medical staff members, to provide any services to a patient in

5 contravention of his or her stated or implied objection

6 thereto upon grounds that such services conflict with his or

7 her religious beliefs or practices, nor shall such a patient

8 be considered abused under this Section for the exercise of

9 such beliefs or practices.

10  (s) The Department's implementation of this Section is

11 subject to appropriations to the Department for that purpose.

12  (t) As used in this Section, the following terms have the

13 following meanings:

14  "Abuse" means any physical or mental injury or sexual

15 abuse intentionally inflicted by a hospital or hospital

16 affiliate employee, agent, or medical staff member on a

17 patient of the hospital or hospital affiliate and does not

18 include any hospital or hospital affiliate, medical, health

19 care, or other personal care services done in good faith in the

20 interest of the patient according to established medical and

21 clinical standards of care.

22  "Hospital affiliate" has the meaning given to that term in

23 Section 10.8.

24  "Mental injury" means intentionally caused emotional

25 distress in a patient from words or gestures that would be

26 considered by a reasonable person to be humiliating,
    HB3711 Enrolled             - 37 - LRB104 09787 AAS 19853 b

1 harassing, or threatening and which causes observable and

2 substantial impairment.

3   "Qualified to detect abuse" means that the individual is a

4 risk manager, in-house or outside legal counsel, social

5 worker, or other person who has experience or been trained in

6 investigations of abuse allegations.

7   "Reportable conduct" means conduct that a person who is

8 working for or at the hospital or hospital affiliate has a duty

9 to report under Section 2105-390 of the Department of

10 Professional Regulation Law of the Civil Administrative Code

11 of Illinois.

12  "Retaliatory action" has the meaning given to that term in

13 Section 5 of the Whistleblower Act.

14  "Sexual abuse" means any intentional act of sexual contact

15 or sexual penetration of a patient in the hospital or any

16 instance of sexual conduct.

17  "Substantiated", with respect to a report of abuse, means

18 that a preponderance of the evidence indicates that abuse

19 occurred.

20 (Source: P.A. 103-803, eff. 1-1-25.)

21  Section 15. The Acupuncture Practice Act is amended by

22 changing Section 110 as follows:

23  (225 ILCS 2/110)

24  (Section scheduled to be repealed on January 1, 2028)
    HB3711 Enrolled           - 38 - LRB104 09787 AAS 19853 b

1   Sec. 110. Grounds for disciplinary action. (a) The

2 Department may refuse to issue or to renew, place on

3 probation, suspend, revoke, or take other disciplinary or

4 non-disciplinary action as deemed appropriate, including the

5 imposition of fines not to exceed $10,000 for each violation,

6 as the Department may deem proper, with regard to a license for

7 any one or combination of the following causes:

8   (1) Violations of this Act or its rules.

9   (2) Conviction by plea of guilty or nolo contendere,

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

11  sentencing, including, but not limited to, convictions,

12  preceding sentences of supervision, conditional discharge,

13  or first offender probation, under the laws of any

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

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

16  dishonesty or that is directly related to the practice of

17  the profession.

18  (3) Making any misrepresentation for the purpose of

19  obtaining a license.

20  (4) Aiding or assisting another person in violating

21  any provision of this Act or its rules.

22  (5) Failing to provide information within 60 days in

23  response to a written request made by the Department which

24  has been sent by certified or registered mail to the

25  licensee's address of record or by email to the licensee's

26  email address of record.
    HB3711 Enrolled   - 39 - LRB104 09787 AAS 19853 b

1   (6) Discipline by another U.S. jurisdiction or foreign

2   nation, if at least one of the grounds for the discipline

3   is the same or substantially equivalent to one set forth

4   in this Section.

5   (7) Solicitation of professional services by means

6   other than permitted under this Act.

7   (8) Failure to provide a patient with a copy of his or

8   her record upon the written request of the patient.

9   (9) Gross negligence in the practice of acupuncture.

10  (10) Habitual or excessive use or addiction to

11  alcohol, narcotics, stimulants, or any other chemical

12  agent or drug that results in an acupuncturist's inability

13  to practice with reasonable judgment, skill, or safety.

14  (11) A finding that licensure has been applied for or

15  obtained by fraudulent means.

16  (12) A pattern of practice or other behavior that

17  demonstrates incapacity or incompetence to practice under

18  this Act.

19  (13) Being named as a perpetrator in an indicated

20  report by the Department of Children and Family Services

21  under the Abused and Neglected Child Reporting Act and

22  upon the indicated report becoming final after a hearing

23  or opportunity for a hearing. and upon proof by clear and

24  convincing evidence that the licensee has caused a child

25  to be an abused child or a neglected child as defined in

26  the Abused and Neglected Child Reporting Act.
    HB3711 Enrolled             - 40 - LRB104 09787 AAS 19853 b

1   (14) Willfully failing to report an instance of

2   suspected child abuse or neglect as required by the Abused

3   and Neglected Child Reporting Act.

4   (15) The use of any words, abbreviations, figures, or

5   letters          (such  as  "Acupuncturist",  "Licensed

6   Acupuncturist", "Certified Acupuncturist", "Doctor of

7   Acupuncture and Chinese Medicine", "Doctor of Acupuncture

8   and Oriental Medicine", "Doctor of Acupuncture", "Oriental

9   Medicine Practitioner", "Licensed Oriental Medicine

10  Practitioner", "Oriental Medicine Doctor", "Licensed

11  Oriental Medicine Doctor", "C.A.", "Act.", "Lic. Act.",

12  "Lic. Ac.", "D.Ac.", "DACM", "DAOM", or "O.M.D.") or any

13  designation used by the Accreditation Commission for

14  Acupuncture and Oriental Medicine with the intention of

15  indicating practice as a licensed acupuncturist without a

16  valid license as an acupuncturist issued under this Act.

17  When the name of the licensed acupuncturist is used

18  professionally in oral, written, or printed announcements,

19  professional cards, or publications for the information of

20  the public, the degree title or degree abbreviation shall

21  be added immediately following title and name. When the

22  announcement, professional card, or publication is in

23  writing or in print, the explanatory addition shall be in

24  writing, type, or print not less than 1/2 the size of that

25  used in the name and title. No person other than the holder

26  of a valid existing license under this Act shall use the
    HB3711 Enrolled          - 41 - LRB104 09787 AAS 19853 b

1   title and designation of "acupuncturist", either directly

2   or indirectly, in connection with his or her profession or

3   business.

4   (16) Using claims of superior quality of care to

5   entice the public or advertising fee comparisons of

6   available services with those of other persons providing

7   acupuncture services.

8   (17) Advertising of professional services that the

9   offeror of the services is not licensed to render.

10  Advertising of professional services that contains false,

11  fraudulent, deceptive, or misleading material or

12  guarantees of success, statements that play upon the

13  vanity or fears of the public, or statements that promote

14  or produce unfair competition.

15  (18) Having treated ailments other than by the

16  practice of acupuncture as defined in this Act, or having

17  treated ailments of as a licensed acupuncturist pursuant

18  to a referral by written order that provides for

19  management of the patient by a physician or dentist

20  without having notified the physician or dentist who

21  established the diagnosis that the patient is receiving

22  acupuncture treatments.

23  (19) Unethical, unauthorized, or unprofessional

24  conduct as defined by rule.

25  (20) Physical illness, mental illness, or other

26  impairment that results in the inability to practice the
    HB3711 Enrolled  - 42 - LRB104 09787 AAS 19853 b

1   profession with reasonable judgment, skill, and safety,

2   including, without limitation, deterioration through the

3   aging process, mental illness, or disability.

4   (21) Violation of the Health Care Worker Self-Referral

5   Act.

6   (22) Failure to refer a patient whose condition

7   should, at the time of evaluation or treatment, be

8   determined to be beyond the scope of practice of the

9   acupuncturist to a licensed physician or dentist.

10  (23) Holding himself or herself out as being trained

11  in Chinese herbology without being able to provide the

12  Department with proof of status as a Diplomate of Oriental

13  Medicine certified by the National Certification

14  Commission for Acupuncture and Oriental Medicine or a

15  substantially equivalent status approved by the Department

16  or proof that he or she has successfully completed the

17  National Certification Commission for Acupuncture and

18  Oriental Medicine Chinese Herbology Examination or a

19  substantially equivalent examination approved by the

20  Department.

21  (24) Failure to report actual or alleged reportable

22  conduct in accordance with Section 2105-390 of the

23  Department of Professional Regulation Law of the Civil

24  Administrative Code of Illinois.

25  The entry of an order by a circuit court establishing that

26 any person holding a license under this Act is subject to
    HB3711 Enrolled  - 43 - LRB104 09787 AAS 19853 b

1 involuntary admission or judicial admission as provided for in

2 the Mental Health and Developmental Disabilities Code operates

3 as an automatic suspension of that license. That person may

4 have his or her license restored only upon the determination

5 by a circuit court that the patient is no longer subject to

6 involuntary admission or judicial admission and the issuance

7 of an order so finding and discharging the patient and upon the

8 Board's recommendation to the Department that the license be

9 restored. Where the circumstances so indicate, the Board may

10 recommend to the Department that it require an examination

11 prior to restoring a suspended license.

12  The Department may refuse to issue or renew the license of

13 any person who fails to (i) file a return or to pay the tax,

14 penalty, or interest shown in a filed return or (ii) pay any

15 final assessment of the tax, penalty, or interest as required

16 by any tax Act administered by the Illinois Department of

17 Revenue, until the time that the requirements of that tax Act

18 are satisfied.

19  In enforcing this Section, the Department upon a showing

20 of a possible violation may compel an individual licensed to

21 practice under this Act, or who has applied for licensure

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

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

24 The Department may order the examining physician to present

25 testimony concerning the mental or physical examination of the

26 licensee or applicant. No information shall be excluded by
    HB3711 Enrolled  - 44 - LRB104 09787 AAS 19853 b

1 reason of any common law or statutory privilege relating to

2 communications between the licensee or applicant and the

3 examining physician. The examining physicians shall be

4 specifically designated by the Department. The individual to

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

6 physician of his or her choice present during all aspects of

7 this examination. Failure of an individual to submit to a

8 mental or physical examination, when directed, shall be

9 grounds for suspension of his or her license until the

10 individual submits to the examination if the Department finds,

11 after notice and hearing, that the refusal to submit to the

12 examination was without reasonable cause.

13  If the Department finds an individual unable to practice

14 because of the reasons set forth in this Section, the

15 Department may require that individual to submit to care,

16 counseling, or treatment by physicians approved or designated

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

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

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

20 file a complaint to immediately suspend, revoke, or otherwise

21 discipline the license of the individual. An individual whose

22 license was granted, continued, restored, renewed,

23 disciplined, or supervised subject to such terms, conditions,

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

25 conditions, or restrictions, shall be referred to the

26 Secretary for a determination as to whether the individual
    HB3711 Enrolled           - 45 - LRB104 09787 AAS 19853 b

1 shall have his or her license suspended immediately, pending a

2 hearing by the Department.

3   In instances in which the Secretary immediately suspends a

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

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

6 days after the suspension and completed without appreciable

7 delay. The Department and Board shall have the authority to

8 review the subject individual's record of treatment and

9 counseling regarding the impairment to the extent permitted by

10 applicable federal statutes and regulations safeguarding the

11 confidentiality of medical records.

12  An individual licensed under this Act and affected under

13 this Section shall be afforded an opportunity to demonstrate

14 to the Department that he or she can resume practice in

15 compliance with acceptable and prevailing standards under the

16 provisions of his or her license.

17 (Source: P.A. 100-375, eff. 8-25-17; 101-201, eff. 1-1-20;

18 revised 6-24-25.)

19  Section 20. The Illinois Athletic Trainers Practice Act is

20 amended by changing Section 16 as follows:

21  (225 ILCS 5/16) (from Ch. 111, par. 7616)

22  (Section scheduled to be repealed on January 1, 2031)

23  Sec. 16. Grounds for discipline.

24  (1) The Department may refuse to issue or renew, or may
    HB3711 Enrolled     - 46 - LRB104 09787 AAS 19853 b

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

2 disciplinary or non-disciplinary action as the Department may

3 deem proper, including fines not to exceed $10,000 for each

4 violation, with regard to any licensee for any one or

5 combination of the following:

6   (A) Material misstatement in furnishing information to

7   the Department;

8   (B) Violations of this Act, or of the rules or

9   regulations promulgated hereunder;

10  (C) Conviction of or plea of guilty to any crime under

11  the Criminal Code of 2012 or the laws of any jurisdiction

12  of the United States that is (i) a felony, (ii) a

13  misdemeanor, an essential element of which is dishonesty,

14  or (iii) of any crime that is directly related to the

15  practice of the profession;

16  (D) Fraud or any misrepresentation in applying for or

17  procuring a license under this Act, or in connection with

18  applying for renewal of a license under this Act;

19  (E) Professional incompetence or gross negligence;

20  (F) Malpractice;

21  (G) Aiding or assisting another person, firm,

22  partnership, or corporation in violating any provision of

23  this Act or rules;

24  (H) Failing, within 60 days, to provide information in

25  response to a written request made by the Department;

26  (I) Engaging in dishonorable, unethical, or
    HB3711 Enrolled          - 47 - LRB104 09787 AAS 19853 b

1   unprofessional conduct of a character likely to deceive,

2   defraud or harm the public;

3   (J) Habitual or excessive use or abuse of drugs

4   defined in law as controlled substances, alcohol, or any

5   other substance that results in the inability to practice

6   with reasonable judgment, skill, or safety;

7   (K) Discipline by another state, unit of government,

8   government agency, the District of Columbia, territory, or

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

10  discipline is the same or substantially equivalent to

11  those set forth herein;

12  (L) Directly or indirectly giving to or receiving from

13  any person, firm, corporation, partnership, or association

14  any fee, commission, rebate, or other form of compensation

15  for any professional services not actually or personally

16  rendered. Nothing in this subparagraph (L) affects any

17  bona fide independent contractor or employment

18  arrangements among health care professionals, health

19  facilities, health care providers, or other entities,

20  except as otherwise prohibited by law. Any employment

21  arrangements may include provisions for compensation,

22  health insurance, pension, or other employment benefits

23  for the provision of services within the scope of the

24  licensee's practice under this Act. Nothing in this

25  subparagraph (L) shall be construed to require an

26  employment arrangement to receive professional fees for
    HB3711 Enrolled          - 48 - LRB104 09787 AAS 19853 b

1   services rendered;

2   (M) A finding by the Department that the licensee

3   after having the licensee's license disciplined has

4   violated the terms of probation;

5   (N) Abandonment of an athlete;

6   (O) Willfully making or filing false records or

7   reports in the person's practice, including but not

8   limited to false records filed with State agencies or

9   departments;

10  (P) Willfully failing to report an instance of

11  suspected child abuse or neglect as required by the Abused

12  and Neglected Child Reporting Act;

13  (Q) Physical illness, including but not limited to

14  deterioration through the aging process, or loss of motor

15  skill that results in the inability to practice the

16  profession with reasonable judgment, skill, or safety;

17  (R) Solicitation of professional services other than

18  by permitted institutional policy;

19  (S) The use of any words, abbreviations, figures or

20  letters with the intention of indicating practice as an

21  athletic trainer without a valid license as an athletic

22  trainer under this Act;

23  (T) The evaluation or treatment of ailments of human

24  beings other than by the practice of athletic training as

25  defined in this Act or the treatment of injuries of

26  athletes by a licensed athletic trainer except by the
    HB3711 Enrolled         - 49 - LRB104 09787 AAS 19853 b

1   referral of a physician, physician assistant, advanced

2   practice registered nurse, podiatric physician, or

3   dentist;

4   (U) Willfully violating or knowingly assisting in the

5   violation of any law of this State relating to the use of

6   habit-forming drugs;

7   (V) Willfully violating or knowingly assisting in the

8   violation of any law of this State relating to the

9   practice of abortion;

10  (W) Continued practice by a person knowingly having an

11  infectious communicable or contagious disease;

12  (X) Being named as a perpetrator in an indicated

13  report by the Department of Children and Family Services

14  pursuant to the Abused and Neglected Child Reporting Act

15  and upon the indicated report becoming final after a

16  hearing or opportunity for a hearing; and upon proof by

17  clear and convincing evidence that the licensee has caused

18  a child to be an abused child or neglected child as defined

19  in the Abused and Neglected Child Reporting Act;

20  (X-5) Failure to provide a monthly report on the

21  patient's progress to the referring physician, physician

22  assistant, advanced practice registered nurse, podiatric

23  physician, or dentist;

24  (Y) (Blank);

25  (Z) Failure to fulfill continuing education

26  requirements;
    HB3711 Enrolled         - 50 - LRB104 09787 AAS 19853 b

1   (AA) Allowing one's license under this Act to be used

2   by an unlicensed person in violation of this Act;

3   (BB) Practicing under a false or, except as provided

4   by law, assumed name;

5   (CC) Promotion of the sale of drugs, devices,

6   appliances, or goods provided in any manner to exploit the

7   client for the financial gain of the licensee;

8   (DD) Gross, willful, or continued overcharging for

9   professional services;

10  (EE) Mental illness or disability that results in the

11  inability to practice under this Act with reasonable

12  judgment, skill, or safety;

13  (FF) Cheating on or attempting to subvert the

14  licensing examination administered under this Act;

15  (GG) Violation of the Health Care Worker Self-Referral

16  Act; or

17  (HH) Failure by a supervising athletic trainer of an

18  aide to maintain contact, including personal supervision

19  and instruction, to ensure the safety and welfare of an

20  athlete; or.

21  (II) Failure to report actual or alleged reportable

22  conduct in accordance with Section 2105-390 of the

23  Department of Professional Regulation Law of the Civil

24  Administrative Code of Illinois.

25  All fines imposed under this Section shall be paid within

26 60 days after the effective date of the order imposing the fine
    HB3711 Enrolled  - 51 - LRB104 09787 AAS 19853 b

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

2 the fine.

3   (2) The determination by a circuit court that a licensee

4 is subject to involuntary admission or judicial admission as

5 provided in the Mental Health and Developmental Disabilities

6 Code operates as an automatic suspension. Such suspension will

7 end only upon a finding by a court that the licensee is no

8 longer subject to involuntary admission or judicial admission

9 and issuance of an order so finding and discharging the

10 licensee.

11  (3) The Department may refuse to issue or may suspend

12 without hearing, as provided for in the Code of Civil

13 Procedure, the license of any person who fails to file a

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

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

16 interest as required by any tax Act administered by the

17 Illinois Department of Revenue, until such time as the

18 requirements of any such tax Act are satisfied in accordance

19 with subsection (a) of Section 2105-15 of the Department of

20 Professional Regulation Law of the Civil Administrative Code

21 of Illinois.

22  (4) In enforcing this Section, the Department, upon a

23 showing of a possible violation, may compel any individual who

24 is licensed under this Act or any individual who has applied

25 for licensure to submit to a mental or physical examination or

26 evaluation, or both, which may include a substance abuse or
    HB3711 Enrolled  - 52 - LRB104 09787 AAS 19853 b

1 sexual offender evaluation, at the expense of the Department.

2 The Department shall specifically designate the examining

3 physician licensed to practice medicine in all of its branches

4 or, if applicable, the multidisciplinary team involved in

5 providing the mental or physical examination and evaluation.

6 The multidisciplinary team shall be led by a physician

7 licensed to practice medicine in all of its branches and may

8 consist of one or more or a combination of physicians licensed

9 to practice medicine in all of its branches, licensed

10 chiropractic physicians, licensed clinical psychologists,

11 licensed clinical social workers, licensed clinical

12 professional counselors, and other professional and

13 administrative staff. Any examining physician or member of the

14 multidisciplinary team may require any person ordered to

15 submit to an examination and evaluation pursuant to this

16 Section to submit to any additional supplemental testing

17 deemed necessary to complete any examination or evaluation

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

19 urinalysis, psychological testing, or neuropsychological

20 testing.

21  The Department may order the examining physician or any

22 member of the multidisciplinary team to provide to the

23 Department any and all records, including business records,

24 that relate to the examination and evaluation, including any

25 supplemental testing performed. The Department may order the

26 examining physician or any member of the multidisciplinary
    HB3711 Enrolled  - 53 - LRB104 09787 AAS 19853 b

1 team to present testimony concerning this examination and

2 evaluation of the licensee or applicant, including testimony

3 concerning any supplemental testing or documents relating to

4 the examination and evaluation. No information, report,

5 record, or other documents in any way related to the

6 examination and evaluation shall be excluded by reason of any

7 common law or statutory privilege relating to communication

8 between the licensee or applicant and the examining physician

9 or any member of the multidisciplinary team. No authorization

10 is necessary from the licensee or applicant ordered to undergo

11 an evaluation and examination for the examining physician or

12 any member of the multidisciplinary team to provide

13 information, reports, records, or other documents or to

14 provide any testimony regarding the examination and

15 evaluation. The individual to be examined may choose to have,

16 at the individual's own expense, another physician present

17 during all aspects of the examination.

18  Failure of any individual to submit to a mental or

19 physical examination or evaluation, or both, when directed,

20 shall result in an automatic suspension without hearing, until

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

22 Department finds a licensee unable to practice because of the

23 reasons set forth in this Section, the Department shall

24 require the licensee to submit to care, counseling, or

25 treatment by physicians approved or designated by the

26 Department as a condition for continued, reinstated, or
    HB3711 Enrolled      - 54 - LRB104 09787 AAS 19853 b

1 renewed licensure.

2   All substance-related violations shall mandate an

3 automatic substance abuse assessment. Failure to submit to an

4 assessment by a licensed physician who is certified as an

5 addictionist or an advanced practice registered nurse with a

6 specialty certification in addictions may be grounds for an

7 automatic suspension.

8   If the Department finds an individual unable to practice

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

10 Section, the Department may require the individual to submit

11 to a substance abuse evaluation or treatment by individuals or

12 programs approved or designated by the Department, as a

13 condition, term, or restriction for continued, restored, or

14 renewed licensure to practice; or, in lieu of evaluation or

15 treatment, the Department may file a complaint to immediately

16 suspend, revoke, or otherwise discipline the license of the

17 individual. An individual whose license was granted,

18 continued, restored, renewed, disciplined, or supervised

19 subject to such terms, conditions, or restrictions, and who

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

21 shall be referred to the Secretary for a determination as to

22 whether the individual shall have the registration suspended

23 immediately, pending a hearing by the Department.

24  When the Secretary immediately suspends a license under

25 this Section, a hearing upon such person's license must be

26 convened by the Department within 15 days after the suspension
    HB3711 Enrolled   - 55 - LRB104 09787 AAS 19853 b

1 and completed without appreciable delay. The Department shall

2 have the authority to review the licensee's record of

3 treatment and counseling regarding the impairment to the

4 extent permitted by applicable federal statutes and

5 regulations safeguarding the confidentiality of medical

6 records.

7   Individuals licensed under this Act who are affected under

8 this Section shall be afforded an opportunity to demonstrate

9 to the Department that they can resume practice in compliance

10 with acceptable and prevailing standards under the provisions

11 of their license.

12  (5) (Blank).

13  (6) In cases where the Department of Healthcare and Family

14 Services has previously determined a licensee or a potential

15 licensee is more than 30 days delinquent in the payment of

16 child support and has subsequently certified the delinquency

17 to the Department, the Department may refuse to issue or renew

18 or may revoke or suspend that person's license or may take

19 other disciplinary action against that person based solely

20 upon the certification of delinquency made by the Department

21 of Healthcare and Family Services in accordance with paragraph

22 (5) of subsection (a) of Section 2105-15 of the Department of

23 Professional Regulation Law of the Civil Administrative Code

24 of Illinois.

25 (Source: P.A. 104-152, eff. 1-1-26.)
    HB3711 Enrolled  - 56 - LRB104 09787 AAS 19853 b

1   Section 25. The Behavior Analyst Licensing Act is amended

2 by changing Section 60 as follows:

3   (225 ILCS 6/60)

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

5   Sec. 60. Grounds for disciplinary action.

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

7 or may suspend, revoke, place on probation, reprimand, or take

8 any other disciplinary or nondisciplinary action deemed

9 appropriate by the Department, including the imposition of

10 fines not to exceed $10,000 for each violation, with regard to

11 any license issued under the provisions of this Act for any one

12 or a combination of the following grounds:

13  (1) material misstatements in furnishing information

14  to the Department or to any other State agency or in

15  furnishing information to any insurance company with

16  respect to a claim on behalf of a licensee or a client;

17  (2) violations or negligent or intentional disregard

18  of this Act or its rules;

19  (3) conviction of or entry of a plea of guilty or nolo

20  contendere, finding of guilt, jury verdict, or entry of

21  judgment or sentencing, including, but not limited to,

22  convictions, preceding sentences of supervision,

23  conditional discharge, or first offender probation, under

24  the laws of any jurisdiction of the United States that is

25  (i) a felony or (ii) a misdemeanor, an essential element
    HB3711 Enrolled  - 57 - LRB104 09787 AAS 19853 b

1   of which is dishonesty, or that is directly related to the

2   practice of behavior analysis;

3   (4) fraud or misrepresentation in applying for or

4   procuring a license under this Act or in connection with

5   applying for renewal or restoration of a license under

6   this Act;

7   (5) professional incompetence;

8   (6) gross negligence in practice under this Act;

9   (7) aiding or assisting another person in violating

10  any provision of this Act or its rules;

11  (8) failing to provide information within 60 days in

12  response to a written request made by the Department;

13  (9) engaging in dishonorable, unethical, or

14  unprofessional conduct of a character likely to deceive,

15  defraud, or harm the public as defined by the rules of the

16  Department or violating the rules of professional conduct

17  adopted by the Department;

18  (10) habitual or excessive use or abuse of drugs

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

20  any other substances that results in the inability to

21  practice with reasonable judgment, skill, or safety;

22  (11) adverse action taken by another state or

23  jurisdiction if at least one of the grounds for the

24  discipline is the same or substantially equivalent to

25  those set forth in this Section;

26  (12) directly or indirectly giving to or receiving
    HB3711 Enrolled           - 58 - LRB104 09787 AAS 19853 b

1   from any person, firm, corporation, partnership, or

2   association any fee, commission, rebate, or other form of

3   compensation for any professional service not actually

4   rendered; nothing in this paragraph affects any bona fide

5   independent contractor or employment arrangements among

6   health care professionals, health facilities, health care

7   providers, or other entities, except as otherwise

8   prohibited by law; any employment arrangements may include

9   provisions for compensation, health insurance, pension, or

10  other employment benefits for the provision of services

11  within the scope of the licensee's practice under this

12  Act; nothing in this paragraph shall be construed to

13  require an employment arrangement to receive professional

14  fees for services rendered;

15  (13) a finding by the Department that the licensee,

16  after having the license placed on probationary status,

17  has violated the terms of probation or failed to comply

18  with those terms;

19  (14) abandonment, without cause, of a client;

20  (15) willfully making or filing false records or

21  reports relating to a licensee's practice, including, but

22  not limited to, false records filed with federal or State

23  agencies or departments;

24  (16) willfully failing to report an instance of

25  suspected child abuse or neglect as required by the Abused

26  and Neglected Child Reporting Act;
    HB3711 Enrolled  - 59 - LRB104 09787 AAS 19853 b

1   (17) being named as a perpetrator in an indicated

2   report by the Department of Children and Family Services

3   under the Abused and Neglected Child Reporting Act and

4   upon the indicated report becoming final after a hearing

5   or opportunity for a hearing; , and upon proof by clear and

6   convincing evidence that the licensee has caused a child

7   to be an abused child or neglected child as defined in the

8   Abused and Neglected Child Reporting Act;

9   (18) physical illness, mental illness, or any other

10  impairment or disability, including, but not limited to,

11  deterioration through the aging process, or loss of motor

12  skills that results in the inability to practice the

13  profession with reasonable judgment, skill, or safety;

14  (19) solicitation of professional services by using

15  false or misleading advertising;

16  (20) violation of the Health Care Worker Self-Referral

17  Act;

18  (21) willfully failing to report an instance of

19  suspected abuse, neglect, financial exploitation, or

20  self-neglect of an eligible adult as defined in and

21  required by the Adult Protective Services Act; or

22  (22) being named as an abuser in a verified report by

23  the Department on Aging under the Adult Protective

24  Services Act, and upon proof by clear and convincing

25  evidence that the licensee abused, neglected, or

26  financially exploited an eligible adult as defined in the
    HB3711 Enrolled  - 60 - LRB104 09787 AAS 19853 b

1   Adult Protective Services Act; or.

2   (23) failing to report actual or alleged reportable

3   conduct in accordance with Section 2105-390 of the

4   Department of Professional Regulation Law of the Civil

5   Administrative Code of Illinois.

6   (b) The determination by a court that a licensee is

7 subject to involuntary admission or judicial admission as

8 provided in the Mental Health and Developmental Disabilities

9 Code shall result in an automatic suspension of the licensee's

10 license. The suspension shall end upon a finding by a court

11 that the licensee is no longer subject to involuntary

12 admission or judicial admission and issues an order so finding

13 and discharging the patient, and upon the recommendation of

14 the Board to the Secretary that the licensee be allowed to

15 resume professional practice.

16  (c) The Department shall refuse to issue or renew or may

17 suspend the license of a person who (i) fails to file a tax

18 return, pay the tax, penalty, or interest shown in a filed tax

19 return, or pay any final assessment of tax, penalty, or

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

21 Department of Revenue, until the requirements of the tax Act

22 are satisfied or (ii) has failed to pay any court-ordered

23 child support as determined by a court order or by referral

24 from the Department of Healthcare and Family Services.

25  (c-1) The Department shall not revoke, suspend, place on

26 probation, reprimand, refuse to issue or renew, or take any
    HB3711 Enrolled  - 61 - LRB104 09787 AAS 19853 b

1 other disciplinary or non-disciplinary action against a

2 person's authorization to practice under this Act based solely

3 upon the person recommending, aiding, assisting, referring

4 for, or participating in any health care service, so long as

5 the care was not unlawful under the laws of this State,

6 regardless of whether the client was a resident of this State

7 or another state.

8   (c-2) The Department shall not revoke, suspend, place on

9 prohibition, reprimand, refuse to issue or renew, or take any

10 other disciplinary or non-disciplinary action against a

11 person's authorization to practice under this Act based upon

12 the person's license, registration, or permit being revoked or

13 suspended, or the person being otherwise disciplined, by any

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

15 discipline was based solely on the person violating another

16 state's laws prohibiting the provision of, authorization of,

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

18 participation in any health care service if that health care

19 service as provided would not have been unlawful under the

20 laws of this State and is consistent with the applicable

21 standard of conduct for a person practicing in Illinois under

22 this Act.

23  (c-3) The conduct specified in subsections (c-1) and (c-2)

24 shall not constitute grounds for suspension under Section 125.

25  (c-4) The Department shall not revoke, suspend, summarily

26 suspend, place on prohibition, reprimand, refuse to issue or
    HB3711 Enrolled  - 62 - LRB104 09787 AAS 19853 b

1 renew, or take any other disciplinary or non-disciplinary

2 action against a person's authorization to practice under this

3 Act based solely upon the person's license, registration, or

4 permit being revoked or suspended, or the person being

5 otherwise disciplined, by any other state or territory other

6 than Illinois for the referral for or having otherwise

7 participated in any health care service, if the revocation,

8 suspension, or disciplinary action was based solely on a

9 violation of the other state's law prohibiting such health

10 care services in the state, for a resident of the state, or in

11 any other state.

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

13 showing of a possible violation, may compel a person licensed

14 to practice under this Act, or who has applied for licensure

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

16 or both, which may include a substance abuse or sexual

17 offender evaluation, as required by and at the expense of the

18 Department.

19  (1) The Department shall specifically designate the

20  examining physician licensed to practice medicine in all

21  of its branches or, if applicable, the multidisciplinary

22  team involved in providing the mental or physical

23  examination or both. The multidisciplinary team shall be

24  led by a physician licensed to practice medicine in all of

25  its branches and may consist of one or more or a

26  combination of physicians licensed to practice medicine in
    HB3711 Enrolled  - 63 - LRB104 09787 AAS 19853 b

1   all of its branches, licensed clinical psychologists,

2   licensed clinical professional counselors, and other

3   professional and administrative staff. Any examining

4   physician or member of the multidisciplinary team may

5   require any person ordered to submit to an examination

6   pursuant to this Section to submit to any additional

7   supplemental testing deemed necessary to complete any

8   examination or evaluation process, including, but not

9   limited to, blood testing, urinalysis, psychological

10  testing, or neuropsychological testing.

11  (2) The Department may order the examining physician

12  or any member of the multidisciplinary team to present

13  testimony concerning this mental or physical examination

14  of the licensee or applicant. No information, report,

15  record, or other documents in any way related to the

16  examination shall be excluded by reason of any common law

17  or statutory privilege relating to communications between

18  the licensee or applicant and the examining physician or

19  any member of the multidisciplinary team. No authorization

20  is necessary from the licensee or applicant ordered to

21  undergo an examination for the examining physician or any

22  member of the multidisciplinary team to provide

23  information, reports, records, or other documents or to

24  provide any testimony regarding the examination and

25  evaluation.

26  (3) The person to be examined may have, at the
    HB3711 Enrolled            - 64 - LRB104 09787 AAS 19853 b

1   person's own expense, another physician of the person's

2   choice present during all aspects of the examination.

3   However, that physician shall be present only to observe

4   and may not interfere in any way with the examination.

5   (4) The failure of any person to submit to a mental or

6   physical examination without reasonable cause, when

7   ordered, shall result in an automatic suspension of the

8   person's license until the person submits to the

9   examination.

10  (e) If the Department finds a person unable to practice

11 because of the reasons set forth in this Section, the

12 Department or Board may require that person to submit to care,

13 counseling, or treatment by physicians approved or designated

14 by the Department or Board, as a condition, term, or

15 restriction for continued, reinstated, or renewed licensure to

16 practice; or, in lieu of care, counseling, or treatment, the

17 Department may file, or the Board may recommend to the

18 Department to file, a complaint to immediately suspend,

19 revoke, or otherwise discipline the license of the person. Any

20 person whose license was granted, continued, reinstated,

21 renewed, disciplined, or supervised subject to the terms,

22 conditions, or restrictions, and who fails to comply with the

23 terms, conditions, or restrictions, shall be referred to the

24 Secretary for a determination as to whether the person shall

25 have the person's license suspended immediately, pending a

26 hearing by the Department.
    HB3711 Enrolled  - 65 - LRB104 09787 AAS 19853 b

1   (f) All fines imposed shall be paid within 60 days after

2 the effective date of the order imposing the fine or in

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

4 fine.

5   If the Secretary immediately suspends a person's license

6 under this subsection, a hearing on that person's license must

7 be convened by the Department within 30 days after the

8 suspension and completed without appreciable delay. The

9 Department and Board shall have the authority to review the

10 subject person's record of treatment and counseling regarding

11 the impairment, to the extent permitted by applicable federal

12 statutes and regulations safeguarding the confidentiality of

13 medical records.

14  A person licensed under this Act and affected under this

15 Section shall be afforded an opportunity to demonstrate to the

16 Department or Board that the person can resume practice in

17 compliance with acceptable and prevailing standards under the

18 provisions of the person's license.

19  (g) The Department may adopt rules to implement,

20 administer, and enforce this Section.

21 (Source: P.A. 104-432, eff. 1-1-26.)

22  Section 30. The Clinical Psychologist Licensing Act is

23 amended by changing Section 15 as follows:

24  (225 ILCS 15/15) (from Ch. 111, par. 5365)
    HB3711 Enrolled          - 66 - LRB104 09787 AAS 19853 b

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

2   Sec. 15. Disciplinary action; grounds.

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

4 suspend, or revoke any license, or may place on probation,

5 reprimand, or take other disciplinary or non-disciplinary

6 action deemed appropriate by the Department, including the

7 imposition of fines not to exceed $10,000 for each violation,

8 with regard to any license issued under the provisions of this

9 Act for any one or a combination of the following reasons:

10  (1) Conviction of, or entry of a plea of guilty or nolo

11  contendere to, any crime that is a felony under the laws of

12  the United States or any state or territory thereof or

13  that is a misdemeanor of which an essential element is

14  dishonesty, or any crime that is directly related to the

15  practice of the profession.

16  (2) Gross negligence in the rendering of clinical

17  psychological services.

18  (3) Using fraud or making any misrepresentation in

19  applying for a license or in passing the examination

20  provided for in this Act.

21  (4) Aiding or abetting or conspiring to aid or abet a

22  person, not a clinical psychologist licensed under this

23  Act, in representing himself or herself as so licensed or

24  in applying for a license under this Act.

25  (5) Violation of any provision of this Act or the

26  rules promulgated thereunder.
    HB3711 Enrolled  - 67 - LRB104 09787 AAS 19853 b

1   (6) Professional connection or association with any

2   person, firm, association, partnership or corporation

3   holding himself, herself, themselves, or itself out in any

4   manner contrary to this Act.

5   (7) Unethical, unauthorized, or unprofessional conduct

6   as defined by rule. In establishing those rules, the

7   Department shall consider, though is not bound by, the

8   ethical standards for psychologists promulgated by

9   recognized national psychology associations.

10  (8) Aiding or assisting another person in violating

11  any provisions of this Act or the rules promulgated

12  thereunder.

13  (9) Failing to provide, within 60 days, information in

14  response to a written request made by the Department.

15  (10) Habitual or excessive use or addiction to

16  alcohol, narcotics, stimulants, or any other chemical

17  agent or drug that results in a clinical psychologist's

18  inability to practice with reasonable judgment, skill, or

19  safety.

20  (11) Discipline by another state, territory, the

21  District of Columbia, or foreign country, if at least one

22  of the grounds for the discipline is the same or

23  substantially equivalent to those set forth herein.

24  (12) Directly or indirectly giving or receiving from

25  any person, firm, corporation, association, or partnership

26  any fee, commission, rebate, or other form of compensation
    HB3711 Enrolled          - 68 - LRB104 09787 AAS 19853 b

1   for any professional service not actually or personally

2   rendered. Nothing in this paragraph (12) affects any bona

3   fide independent contractor or employment arrangements

4   among health care professionals, health facilities, health

5   care providers, or other entities, except as otherwise

6   prohibited by law. Any employment arrangements may include

7   provisions for compensation, health insurance, pension, or

8   other employment benefits for the provision of services

9   within the scope of the licensee's practice under this

10  Act. Nothing in this paragraph (12) shall be construed to

11  require an employment arrangement to receive professional

12  fees for services rendered.

13  (13) A finding that the licensee, after having his or

14  her license placed on probationary status, has violated

15  the terms of probation.

16  (14) Willfully making or filing false records or

17  reports, including, but not limited to, false records or

18  reports filed with State agencies or departments.

19  (15) Physical illness, including, but not limited to,

20  deterioration through the aging process, mental illness,

21  or disability that results in the inability to practice

22  the profession with reasonable judgment, skill, and

23  safety.

24  (16) Willfully failing to report an instance of

25  suspected child abuse or neglect as required by the Abused

26  and Neglected Child Reporting Act.
    HB3711 Enrolled         - 69 - LRB104 09787 AAS 19853 b

1   (17) Being named as a perpetrator in an indicated

2   report by the Department of Children and Family Services

3   pursuant to the Abused and Neglected Child Reporting Act

4   and upon the indicated report becoming final after a

5   hearing or opportunity for a hearing., and upon proof by

6   clear and convincing evidence that the licensee has caused

7   a child to be an abused child or neglected child as defined

8   in the Abused and Neglected Child Reporting Act.

9   (18) Violation of the Health Care Worker Self-Referral

10  Act.

11  (19) Making a material misstatement in furnishing

12  information to the Department, any other State or federal

13  agency, or any other entity.

14  (20) Failing to report to the Department any adverse

15  judgment, settlement, or award arising from a liability

16  claim related to an act or conduct similar to an act or

17  conduct that would constitute grounds for action as set

18  forth in this Section.

19  (21) Failing to report to the Department any adverse

20  final action taken against a licensee or applicant by

21  another licensing jurisdiction, including any other state

22  or territory of the United States or any foreign state or

23  country, or any peer review body, health care institution,

24  professional society or association related to the

25  profession, governmental agency, law enforcement agency,

26  or court for an act or conduct similar to an act or conduct
    HB3711 Enrolled         - 70 - LRB104 09787 AAS 19853 b

1   that would constitute grounds for disciplinary action as

2   set forth in this Section.

3   (22)             Prescribing,  selling,  administering,

4   distributing, giving, or self-administering (A) any drug

5   classified as a controlled substance (designated product)

6   for other than medically accepted therapeutic purposes or

7   (B) any narcotic drug.

8   (23) Violating State or federal laws or regulations

9   relating to controlled substances, legend drugs, or

10  ephedra as defined in the Ephedra Prohibition Act.

11  (24) Exceeding the terms of a collaborative agreement

12  or the prescriptive authority delegated to a licensee by

13  his or her collaborating physician or established under a

14  written collaborative agreement.

15  (25) Failing to report actual or alleged reportable

16  conduct in accordance with Section 2105-390 of the

17  Department of Professional Regulation Law of the Civil

18  Administrative Code of Illinois.

19  The entry of an order by any circuit court establishing

20 that any person holding a license under this Act is subject to

21 involuntary admission or judicial admission as provided for in

22 the Mental Health and Developmental Disabilities Code,

23 operates as an automatic suspension of that license. That

24 person may have his or her license restored only upon the

25 determination by a circuit court that the patient is no longer

26 subject to involuntary admission or judicial admission and the
    HB3711 Enrolled  - 71 - LRB104 09787 AAS 19853 b

1 issuance of an order so finding and discharging the patient

2 and upon the Board's recommendation to the Department that the

3 license be restored. Where the circumstances so indicate, the

4 Board may recommend to the Department that it require an

5 examination prior to restoring any license so automatically

6 suspended.

7   The Department shall refuse to issue or suspend the

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

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

10 any final assessment of the tax, penalty, or interest, as

11 required by any tax Act administered by the Illinois

12 Department of Revenue, until such time as the requirements of

13 any such tax Act are satisfied.

14  In enforcing this Section, the Department or Board upon a

15 showing of a possible violation may compel any person licensed

16 to practice under this Act, or who has applied for licensure or

17 certification pursuant to this Act, to submit to a mental or

18 physical examination, or both, as required by and at the

19 expense of the Department. The examining physicians or

20 clinical psychologists shall be those specifically designated

21 by the Department. The Board or the Department may order the

22 examining physician or clinical psychologist to present

23 testimony concerning this mental or physical examination of

24 the licensee or applicant. No information shall be excluded by

25 reason of any common law or statutory privilege relating to

26 communications between the licensee or applicant and the
    HB3711 Enrolled  - 72 - LRB104 09787 AAS 19853 b

1 examining physician or clinical psychologist. The person to be

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

3 physician or clinical psychologist of his or her choice

4 present during all aspects of the examination. Failure of any

5 person to submit to a mental or physical examination, when

6 directed, shall be grounds for suspension of a license until

7 the person submits to the examination if the Department or

8 Board finds, after notice and hearing, that the refusal to

9 submit to the examination was without reasonable cause.

10  If the Department or Board finds a person unable to

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

12 Department or Board may require that person to submit to care,

13 counseling, or treatment by physicians or clinical

14 psychologists approved or designated by the Department, as a

15 condition, term, or restriction for continued, reinstated, or

16 renewed licensure to practice; or, in lieu of care,

17 counseling, or treatment, the Board may recommend to the

18 Department to file or the Department may file a complaint to

19 immediately suspend, revoke, or otherwise discipline the

20 license of the person. Any person whose license was granted,

21 continued, reinstated, renewed, disciplined, or supervised

22 subject to such terms, conditions, or restrictions, and who

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

24 shall be referred to the Secretary for a determination as to

25 whether the person shall have his or her license suspended

26 immediately, pending a hearing by the Board.
    HB3711 Enrolled     - 73 - LRB104 09787 AAS 19853 b

1   In instances in which the Secretary immediately suspends a

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

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

4 after the suspension and completed without appreciable delay.

5 The Board shall have the authority to review the subject

6 person's record of treatment and counseling regarding the

7 impairment, to the extent permitted by applicable federal

8 statutes and regulations safeguarding the confidentiality of

9 medical records.

10  A person licensed under this Act and affected under this

11 Section shall be afforded an opportunity to demonstrate to the

12 Board that he or she can resume practice in compliance with

13 acceptable and prevailing standards under the provisions of

14 his or her license.

15  (b) The Department shall not revoke, suspend, place on

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

17 other disciplinary or non-disciplinary action against a

18 person's authorization to practice under this Act based solely

19 upon the person recommending, aiding, assisting, referring

20 for, or participating in any health care service, so long as

21 the care was not unlawful under the laws of this State,

22 regardless of whether the patient was a resident of this State

23 or another state.

24  (c) The Department shall not revoke, suspend, place on

25 prohibition, reprimand, refuse to issue or renew, or take any

26 other disciplinary or non-disciplinary action against a
    HB3711 Enrolled  - 74 - LRB104 09787 AAS 19853 b

1 person's authorization to practice under this Act based upon

2 the person's license, registration, or permit being revoked or

3 suspended, or the person being otherwise disciplined, by any

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

5 discipline was based solely on the person violating another

6 state's laws prohibiting the provision of, authorization of,

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

8 participation in any health care service if that health care

9 service as provided would not have been unlawful under the

10 laws of this State and is consistent with the applicable

11 standard of conduct for a person practicing in Illinois under

12 this Act.

13  (d) The conduct specified in subsections (b) and (c) shall

14 not constitute grounds for suspension under Section 21.6.

15  (e) The Department shall not revoke, suspend, summarily

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

17 renew, or take any other disciplinary or non-disciplinary

18 action against a person's authorization to practice under this

19 Act based solely upon the license, registration, or permit of

20 the person being suspended or revoked, or the person being

21 otherwise disciplined, by any other state or territory other

22 than Illinois for the referral for or having otherwise

23 participated in any health care service, if the revocation,

24 suspension, or other disciplinary action was based solely on a

25 violation of the other state's law prohibiting such health

26 care services in the state, for a resident of the state, or in
    HB3711 Enrolled   - 75 - LRB104 09787 AAS 19853 b

1 any other state.

2   (f) The Department may adopt rules to implement,

3 administer, and enforce this Section.

4 (Source: P.A. 104-432, eff. 1-1-26.)

5   Section 35. The Clinical Social Work and Social Work

6 Practice Act is amended by changing Section 19 as follows:

7   (225 ILCS 20/19)

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

9   Sec. 19. Grounds for disciplinary action.

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

11 or may suspend, revoke, place on probation, reprimand, or take

12 any other disciplinary or non-disciplinary action deemed

13 appropriate by the Department, including the imposition of

14 fines not to exceed $10,000 for each violation, with regard to

15 any license issued under the provisions of this Act for any one

16 or a combination of the following grounds:

17  (a) material misstatements in furnishing information

18  to the Department or to any other State agency or in

19  furnishing information to any insurance company with

20  respect to a claim on behalf of a licensee or a patient;

21  (b) violations or negligent or intentional disregard

22  of this Act, or any of the rules promulgated hereunder;

23  (c) conviction of or entry of a plea of guilty or nolo

24  contendere, finding of guilt, jury verdict, or entry of
    HB3711 Enrolled  - 76 - LRB104 09787 AAS 19853 b

1   judgment or sentencing, including, but not limited to,

2   convictions, preceding sentences of supervision,

3   conditional discharge, or first offender probation, under

4   the laws of any jurisdiction of the United States that is

5   (i) a felony or (ii) a misdemeanor, an essential element

6   of which is dishonesty, or that is directly related to the

7   practice of the clinical social work or social work

8   professions;

9   (d) fraud or misrepresentation in applying for or

10  procuring a license under this Act or in connection with

11  applying for renewal or restoration of a license under

12  this Act;

13  (e) professional incompetence;

14  (f) gross negligence in practice under this Act;

15  (g) aiding or assisting another person in violating

16  any provision of this Act or its rules;

17  (h) failing to provide information within 60 days in

18  response to a written request made by the Department;

19  (i) engaging in dishonorable, unethical, or

20  unprofessional conduct of a character likely to deceive,

21  defraud, or harm the public as defined by the rules of the

22  Department, or violating the rules of professional conduct

23  adopted by the Department;

24  (j) habitual or excessive use or abuse of drugs

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

26  any other substances that results in the inability to
    HB3711 Enrolled   - 77 - LRB104 09787 AAS 19853 b

1   practice with reasonable judgment, skill, or safety;

2   (k) adverse action taken by another state or

3   jurisdiction, if at least one of the grounds for the

4   discipline is the same or substantially equivalent to

5   those set forth in this Section;

6   (l) directly or indirectly giving to or receiving from

7   any person, firm, corporation, partnership, or association

8   any fee, commission, rebate, or other form of compensation

9   for any professional service not actually rendered.

10  Nothing in this paragraph (l) affects any bona fide

11  independent contractor or employment arrangements among

12  health care professionals, health facilities, health care

13  providers, or other entities, except as otherwise

14  prohibited by law. Any employment arrangements may include

15  provisions for compensation, health insurance, pension, or

16  other employment benefits for the provision of services

17  within the scope of the licensee's practice under this

18  Act. Nothing in this paragraph (l) shall be construed to

19  require an employment arrangement to receive professional

20  fees for services rendered;

21  (m) a finding by the Department that the licensee,

22  after having the license placed on probationary status,

23  has violated the terms of probation or failed to comply

24  with such terms;

25  (n) abandonment, without cause, of a client;

26  (o) willfully making or filing false records or
    HB3711 Enrolled           - 78 - LRB104 09787 AAS 19853 b

1   reports relating to a licensee's practice, including, but

2   not limited to, false records filed with federal or State

3   agencies or departments;

4   (p) willfully failing to report an instance of

5   suspected child abuse or neglect as required by the Abused

6   and Neglected Child Reporting Act;

7   (q) being named as a perpetrator in an indicated

8   report by the Department of Children and Family Services

9   under the Abused and Neglected Child Reporting Act and

10  upon the indicated report becoming final after a hearing

11  or opportunity for a hearing;, and upon proof by clear and

12  convincing evidence that the licensee has caused a child

13  to be an abused child or neglected child as defined in the

14  Abused and Neglected Child Reporting Act;

15  (r) physical illness, mental illness, or any other

16  impairment or disability, including, but not limited to,

17  deterioration through the aging process, or loss of motor

18  skills that results in the inability to practice the

19  profession with reasonable judgment, skill, or safety;

20  (s) solicitation of professional services by using

21  false or misleading advertising;

22  (t) violation of the Health Care Worker Self-Referral

23  Act;

24  (u) willfully failing to report an instance of

25  suspected abuse, neglect, financial exploitation, or

26  self-neglect of an eligible adult as defined in and
    HB3711 Enrolled  - 79 - LRB104 09787 AAS 19853 b

1   required by the Adult Protective Services Act; or

2   (v) being named as an abuser in a verified report by

3   the Department on Aging under the Adult Protective

4   Services Act, and upon proof by clear and convincing

5   evidence that the licensee abused, neglected, or

6   financially exploited an eligible adult as defined in the

7   Adult Protective Services Act; or.

8   (w) failing to report actual or alleged reportable

9   conduct in accordance with Section 2105-390 of the

10  Department of Professional Regulation Law of the Civil

11  Administrative Code of Illinois.

12  (2) (Blank).

13  (3) The determination by a court that a licensee is

14 subject to involuntary admission or judicial admission as

15 provided in the Mental Health and Developmental Disabilities

16 Code, will result in an automatic suspension of the licensee's

17 license. Such suspension will end upon a finding by a court

18 that the licensee is no longer subject to involuntary

19 admission or judicial admission and the issuance of issues an

20 order so finding and discharging the patient, and upon the

21 recommendation of the Board to the Secretary that the licensee

22 be allowed to resume professional practice.

23  (4) The Department shall refuse to issue or renew or may

24 suspend the license of a person who (i) fails to file a return,

25 pay the tax, penalty, or interest shown in a filed return, or

26 pay any final assessment of tax, penalty, or interest, as
    HB3711 Enrolled  - 80 - LRB104 09787 AAS 19853 b

1 required by any tax Act administered by the Department of

2 Revenue, until the requirements of the tax Act are satisfied

3 or (ii) has failed to pay any court-ordered child support as

4 determined by a court order or by referral from the Department

5 of Healthcare and Family Services.

6   (4.5) The Department shall not revoke, suspend, summarily

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

8 renew, or take any other disciplinary or non-disciplinary

9 action against a person's authorization to practice under this

10 Act based solely upon the person authorizing, recommending,

11 aiding, assisting, referring for, or otherwise participating

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

13 unlawful under the laws of this State, regardless of whether

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

15  (4.10) The Department shall not revoke, suspend, summarily

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

17 renew, or take any other disciplinary or non-disciplinary

18 action against a person's authorization to practice under this

19 Act based upon the person's license, registration, or permit

20 being revoked or suspended, or the person being otherwise

21 disciplined, by any other state if that revocation,

22 suspension, or other form of discipline was based solely on

23 the person violating another state's laws prohibiting the

24 provision of, authorization of, recommendation of, aiding or

25 assisting in, referring for, or participation in any health

26 care service if that health care service as provided would not
    HB3711 Enrolled  - 81 - LRB104 09787 AAS 19853 b

1 have been unlawful under the laws of this State and is

2 consistent with the applicable standard of conduct for a

3 person practicing in Illinois under this Act.

4   (4.15) The conduct specified in subsection (4.5), (4.10),

5 (4.25), or (4.30) shall not constitute grounds for suspension

6 under Section 32.

7   (4.20) An applicant seeking licensure, certification, or

8 authorization pursuant to this Act who has been subject to

9 disciplinary action by a duly authorized professional

10 disciplinary agency of another jurisdiction solely on the

11 basis of having authorized, recommended, aided, assisted,

12 referred for, or otherwise participated in health care shall

13 not be denied such licensure, certification, or authorization,

14 unless the Department determines that such action would have

15 constituted professional misconduct in this State; however,

16 nothing in this Section shall be construed as prohibiting the

17 Department from evaluating the conduct of such applicant and

18 making a determination regarding the licensure, certification,

19 or authorization to practice a profession under this Act.

20  (4.25) The Department may not revoke, suspend, summarily

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

22 renew, or take any other disciplinary or non-disciplinary

23 action against a person's authorization to practice under this

24 Act based solely upon an immigration violation by the person.

25  (4.30) The Department may not revoke, suspend, summarily

26 suspend, place on prohibition, reprimand, refuse to issue or
    HB3711 Enrolled    - 82 - LRB104 09787 AAS 19853 b

1 renew, or take any other disciplinary or non-disciplinary

2 action against a person's authorization to practice under this

3 Act based upon the person's license, registration, or permit

4 being revoked or suspended, or the person being otherwise

5 disciplined, by any other state if that revocation,

6 suspension, or other form of discipline was based solely upon

7 an immigration violation by the person.

8   (5)(a) In enforcing this Section, the Department or Board,

9 upon a showing of a possible violation, may compel a person

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

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

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

13 sexual offender evaluation, as required by and at the expense

14 of the Department.

15  (b) The Department shall specifically designate the

16 examining physician licensed to practice medicine in all of

17 its branches or, if applicable, the multidisciplinary team

18 involved in providing the mental or physical examination or

19 both. The multidisciplinary team shall be led by a physician

20 licensed to practice medicine in all of its branches and may

21 consist of one or more or a combination of physicians licensed

22 to practice medicine in all of its branches, licensed clinical

23 psychologists, licensed clinical social workers, licensed

24 clinical professional counselors, and other professional and

25 administrative staff. Any examining physician or member of the

26 multidisciplinary team may require any person ordered to
    HB3711 Enrolled           - 83 - LRB104 09787 AAS 19853 b

1 submit to an examination pursuant to this Section to submit to

2 any additional supplemental testing deemed necessary to

3 complete any examination or evaluation process, including, but

4 not limited to, blood testing, urinalysis, psychological

5 testing, or neuropsychological testing.

6   (c) The Board or the Department may order the examining

7 physician or any member of the multidisciplinary team to

8 present testimony concerning this mental or physical

9 examination of the licensee or applicant. No information,

10 report, record, or other documents in any way related to the

11 examination shall be excluded by reason of any common law or

12 statutory privilege relating to communications between the

13 licensee or applicant and the examining physician or any

14 member of the multidisciplinary team. No authorization is

15 necessary from the licensee or applicant ordered to undergo an

16 examination for the examining physician or any member of the

17 multidisciplinary team to provide information, reports,

18 records, or other documents or to provide any testimony

19 regarding the examination and evaluation.

20  (d) The person to be examined may have, at the person's own

21 expense, another physician of the person's choice present

22 during all aspects of the examination. However, that physician

23 shall be present only to observe and may not interfere in any

24 way with the examination.

25  (e) Failure of any person to submit to a mental or physical

26 examination without reasonable cause, when ordered, shall
    HB3711 Enrolled  - 84 - LRB104 09787 AAS 19853 b

1 result in an automatic suspension of the person's license

2 until the person submits to the examination.

3   (f) If the Department or Board finds a person unable to

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

5 Department or Board may require that person to submit to care,

6 counseling, or treatment by physicians approved or designated

7 by the Department or Board, as a condition, term, or

8 restriction for continued, reinstated, or renewed licensure to

9 practice; or, in lieu of care, counseling, or treatment, the

10 Department may file, or the Board may recommend to the

11 Department to file, a complaint to immediately suspend,

12 revoke, or otherwise discipline the license of the person. Any

13 person whose license was granted, continued, reinstated,

14 renewed, disciplined, or supervised subject to such terms,

15 conditions, or restrictions, and who fails to comply with such

16 terms, conditions, or restrictions, shall be referred to the

17 Secretary for a determination as to whether the person's

18 license shall be suspended immediately, pending a hearing by

19 the Department.

20  (g) All fines imposed shall be paid within 60 days after

21 the effective date of the order imposing the fine or in

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

23 fine.

24  In instances in which the Secretary immediately suspends a

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

26 person's license must be convened by the Department within 30
    HB3711 Enrolled  - 85 - LRB104 09787 AAS 19853 b

1 days after the suspension and completed without appreciable

2 delay. The Department and Board shall have the authority to

3 review the subject person's record of treatment and counseling

4 regarding the impairment, to the extent permitted by

5 applicable federal statutes and regulations safeguarding the

6 confidentiality of medical records.

7   A person licensed under this Act and affected under this

8 Section shall be afforded an opportunity to demonstrate to the

9 Department or Board that the person can resume practice in

10 compliance with acceptable and prevailing standards under the

11 provisions of the person's license.

12  (h) The Department may adopt rules to implement,

13 administer, and enforce this Section Public Act 102-1117.

14 (Source: P.A. 103-715, eff. 1-1-25; 103-1048, eff. 1-1-25;

15 104-417, eff. 8-15-25; 104-432, eff. 1-1-26; revised 9-15-25.)

16  Section 40. The Illinois Dental Practice Act is amended by

17 changing Section 23 as follows:

18  (225 ILCS 25/23) (from Ch. 111, par. 2323)

19  (Section scheduled to be repealed on January 1, 2031)

20  Sec. 23. Refusal, revocation or suspension of dental

21 licenses. The Department may refuse to issue or renew, or may

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

23 disciplinary or non-disciplinary action as the Department may

24 deem proper, including imposing fines not to exceed $10,000
    HB3711 Enrolled        - 86 - LRB104 09787 AAS 19853 b

1 per violation, with regard to any license for any one or any

2 combination of the following causes:

3   1. Fraud, misrepresentation, or concealment in

4   applying for or procuring a license under this Act, or in

5   connection with applying for renewal of a license under

6   this Act.

7   2. Inability to practice with reasonable judgment,

8   skill, or safety as a result of habitual or excessive use

9   or addiction to alcohol, narcotics, stimulants, or any

10  other chemical agent or drug.

11  3. Willful or repeated violations of the rules of the

12  Department of Public Health or Department of Nuclear

13  Safety.

14  4. Acceptance of a fee for service as a witness,

15  without the knowledge of the court, in addition to the fee

16  allowed by the court.

17  5. Division of fees or agreeing to split or divide the

18  fees received for dental services with any person for

19  bringing or referring a patient, except in regard to

20  referral services as provided for under Section 45, or

21  assisting in the care or treatment of a patient, without

22  the knowledge of the patient or the patient's legal

23  representative. Nothing in this item 5 affects any bona

24  fide independent contractor or employment arrangements

25  among health care professionals, health facilities, health

26  care providers, or other entities, except as otherwise
    HB3711 Enrolled       - 87 - LRB104 09787 AAS 19853 b

1   prohibited by law. Any employment arrangements may include

2   provisions for compensation, health insurance, pension, or

3   other employment benefits for the provision of services

4   within the scope of the licensee's practice under this

5   Act. Nothing in this item 5 shall be construed to require

6   an employment arrangement to receive professional fees for

7   services rendered.

8   6. Employing, procuring, inducing, aiding or abetting

9   a person not licensed or registered as a dentist or dental

10  hygienist to engage in the practice of dentistry or dental

11  hygiene. The person practiced upon is not an accomplice,

12  employer, procurer, inducer, aider, or abetter within the

13  meaning of this Act.

14  7. Making any misrepresentations or false promises,

15  directly or indirectly, to influence, persuade or induce

16  dental patronage.

17  8. Professional connection or association with or

18  lending the licensee's name to another for the illegal

19  practice of dentistry by another, or professional

20  connection or association with any person, firm or

21  corporation holding himself, herself, themselves, or

22  itself out in any manner contrary to this Act.

23  9. Obtaining or seeking to obtain practice, money, or

24  any other things of value by false or fraudulent

25  representations, but not limited to, engaging in such

26  fraudulent practice to defraud the medical assistance
    HB3711 Enrolled        - 88 - LRB104 09787 AAS 19853 b

1   program of the Department of Healthcare and Family

2   Services (formerly Department of Public Aid) under the

3   Illinois Public Aid Code.

4   10. Practicing under a false or, except as provided by

5   law, an assumed name.

6   11. Engaging in dishonorable, unethical, or

7   unprofessional conduct of a character likely to deceive,

8   defraud, or harm the public.

9   12. Conviction by plea of guilty or nolo contendere,

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

11  sentencing for any crime, including, but not limited to,

12  convictions, preceding sentences of supervision,

13  conditional discharge, or first offender probation, under

14  the laws of any jurisdiction of the United States that (i)

15  is a felony under the laws of this State or (ii) is a

16  misdemeanor, an essential element of which is dishonesty,

17  or that is directly related to the practice of dentistry.

18  13. Permitting a dental hygienist, dental assistant or

19  other person under the licensee's supervision to perform

20  any operation not authorized by this Act.

21  14. Permitting more than 4 dental hygienists to be

22  employed under the licensee's supervision at any one time.

23  15. A violation of any provision of this Act or any

24  rules promulgated under this Act.

25  16. Taking impressions for or using the services of

26  any person, firm or corporation violating this Act.
    HB3711 Enrolled     - 89 - LRB104 09787 AAS 19853 b

1   17. Violating any provision of Section 45 relating to

2   advertising.

3   18. Discipline by another U.S. jurisdiction or foreign

4   nation, if at least one of the grounds for the discipline

5   is the same or substantially equivalent to those set forth

6   within this Act.

7   19. Willfully failing to report an instance of

8   suspected child abuse or neglect as required by the Abused

9   and Neglected Child Reporting Act.

10  20. Gross negligence in practice under this Act.

11  21. The use or prescription for use of narcotics or

12  controlled substances or designated products as listed in

13  the Illinois Controlled Substances Act, in any way other

14  than for therapeutic purposes.

15  22. Willfully making or filing false records or

16  reports in the licensee's practice as a dentist,

17  including, but not limited to, false records to support

18  claims against the dental assistance program of the

19  Department of Healthcare and Family Services (formerly

20  Illinois Department of Public Aid).

21  23. Professional incompetence as manifested by poor

22  standards of care.

23  24. Physical or mental illness, including, but not

24  limited to, deterioration through the aging process, or

25  loss of motor skills which results in a dentist's

26  inability to practice dentistry with reasonable judgment,
    HB3711 Enrolled  - 90 - LRB104 09787 AAS 19853 b

1   skill or safety. In enforcing this paragraph, the

2   Department may compel a person licensed to practice under

3   this Act to submit to a mental or physical examination

4   pursuant to the terms and conditions of Section 23b.

5   25. Gross or repeated irregularities in billing for

6   services rendered to a patient. For purposes of this

7   paragraph 25, "irregularities in billing" shall include:

8   (a) Reporting excessive charges for the purpose of

9   obtaining a total payment in excess of that usually

10  received by the dentist for the services rendered.

11  (b) Reporting charges for services not rendered.

12  (c) Incorrectly reporting services rendered for

13  the purpose of obtaining payment not earned.

14  26. Continuing the active practice of dentistry while

15  knowingly having any infectious, communicable, or

16  contagious disease proscribed by rule or regulation of the

17  Department.

18  27. Being named as a perpetrator in an indicated

19  report by the Department of Children and Family Services

20  pursuant to the Abused and Neglected Child Reporting Act

21  and upon the indicated report becoming final after a

22  hearing or opportunity for a hearing., and upon proof by

23  clear and convincing evidence that the licensee has caused

24  a child to be an abused child or neglected child as defined

25  in the Abused and Neglected Child Reporting Act.

26  28. Violating the Health Care Worker Self-Referral
    HB3711 Enrolled          - 91 - LRB104 09787 AAS 19853 b

1   Act.

2   29. Abandonment of a patient.

3   30. Mental incompetency as declared by a court of

4   competent jurisdiction.

5   31. A finding by the Department that the licensee,

6   after having the licensee's license placed on probationary

7   status, has violated the terms of probation.

8   32. Material misstatement in furnishing information to

9   the Department.

10  33. Failing, within 60 days, to provide information in

11  response to a written request by the Department in the

12  course of an investigation.

13  34. Immoral conduct in the commission of any act,

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

15  sexual misconduct related to the licensee's practice.

16  35. Cheating on or attempting to subvert the licensing

17  examination administered under this Act.

18  36. A pattern of practice or other behavior that

19  demonstrates incapacity or incompetence to practice under

20  this Act.

21  37. Failure to establish and maintain records of

22  patient care and treatment as required under this Act.

23  38. Failure to provide copies of dental records as

24  required by law.

25  39. Failure of a licensed dentist who owns or is

26  employed at a dental office to give notice of an office
    HB3711 Enrolled           - 92 - LRB104 09787 AAS 19853 b

1   closure to the dentist's patients at least 30 days prior

2   to the office closure pursuant to Section 50.1.

3   40. Failure to maintain a sanitary work environment.

4   41. Failure to comply with the provisions of Section

5   17.2 of this Act.

6   42. Failure to report actual or alleged reportable

7   conduct in accordance with Section 2105-390 of the

8   Department of Professional Regulation Law of the Civil

9   Administrative Code of Illinois.

10  All proceedings to suspend, revoke, place on probationary

11 status, or take any other disciplinary action as the

12 Department may deem proper, with regard to a license on any of

13 the foregoing grounds, must be commenced within 5 years after

14 receipt by the Department of a complaint alleging the

15 commission of or notice of the conviction order for any of the

16 acts described herein. Except for fraud in procuring a

17 license, no action shall be commenced more than 7 years after

18 the date of the incident or act alleged to have violated this

19 Section. The time during which the holder of the license was

20 outside the State of Illinois shall not be included within any

21 period of time limiting the commencement of disciplinary

22 action by the Department.

23  All fines imposed under this Section shall be paid within

24 60 days after the effective date of the order imposing the fine

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

26 the fine.
    HB3711 Enrolled        - 93 - LRB104 09787 AAS 19853 b

1   The Department may refuse to issue or may suspend the

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

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

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

5 any tax Act administered by the Illinois Department of

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

7 Act are satisfied.

8   Any dentist who has had a license suspended or revoked for

9 more than 5 years must comply with the requirements for

10 restoration set forth in Section 16 prior to being eligible

11 for reinstatement from the suspension or revocation.

12 (Source: P.A. 103-425, eff. 1-1-24; 103-902, eff. 8-9-24;

13 104-151, eff. 1-1-26.)

14  Section 45. The Dietitian Nutritionist Practice Act is

15 amended by changing Section 95 as follows:

16  (225 ILCS 30/95) (from Ch. 111, par. 8401-95)

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

18  Sec. 95. Grounds for discipline.

19  (1) The Department may refuse to issue or renew, or may

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

21 disciplinary or non-disciplinary action as the Department may

22 deem appropriate, including imposing fines not to exceed

23 $10,000 for each violation, with regard to any license or

24 certificate for any one or combination of the following
    HB3711 Enrolled          - 94 - LRB104 09787 AAS 19853 b

1 causes:

2          (a) Material misstatement in furnishing information to

3   the Department.

4          (b) Violations of this Act or of rules adopted under

5   this Act.

6          (c) Conviction by plea of guilty or nolo contendere,

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

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

9   convictions, preceding sentences of supervision,

10  conditional discharge, or first offender probation, under

11  the laws of any jurisdiction of the United States (i) that

12  is a felony or (ii) that is a misdemeanor, an essential

13  element of which is dishonesty, or that is directly

14  related to the practice of the profession.

15         (d) Fraud or any misrepresentation in applying for or

16  procuring a license under this Act or in connection with

17  applying for renewal of a license under this Act.

18         (e) Professional incompetence or gross negligence.

19         (f) Malpractice.

20         (g) Aiding or assisting another person in violating

21  any provision of this Act or its rules.

22         (h) Failing to provide information within 60 days in

23  response to a written request made by the Department.

24         (i) Engaging in dishonorable, unethical or

25  unprofessional conduct of a character likely to deceive,

26  defraud, or harm the public.
    HB3711 Enrolled  - 95 - LRB104 09787 AAS 19853 b

1   (j) Habitual or excessive use or abuse of drugs

2   defined in law as controlled substances, alcohol, or any

3   other substance that results in the inability to practice

4   with reasonable judgment, skill, or safety.

5   (k) Discipline by another state, the District of

6   Columbia, territory, country, or governmental agency if at

7   least one of the grounds for the discipline is the same or

8   substantially equivalent to those set forth in this Act.

9   (l) Charging for professional services not rendered,

10  including filing false statements for the collection of

11  fees for which services are not rendered. Nothing in this

12  paragraph (1) affects any bona fide independent contractor

13  or employment arrangements among health care

14  professionals, health facilities, health care providers,

15  or other entities, except as otherwise prohibited by law.

16  Any employment arrangements may include provisions for

17  compensation, health insurance, pension, or other

18  employment benefits for the provision of services within

19  the scope of the licensee's practice under this Act.

20  Nothing in this paragraph (1) shall be construed to

21  require an employment arrangement to receive professional

22  fees for services rendered.

23  (m) A finding by the Department that the licensee,

24  after having his or her license placed on probationary

25  status, has violated the terms of probation.

26  (n) Willfully making or filing false records or
    HB3711 Enrolled        - 96 - LRB104 09787 AAS 19853 b

1   reports in his or her practice, including, but not limited

2   to, false records filed with State agencies or

3   departments.

4   (o) Allowing one's license under this Act to be used

5   by an unlicensed person in violation of this Act.

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

7   law, an assumed name.

8   (q) Gross and willful overcharging for professional

9   services.

10  (r) (Blank).

11  (s) Willfully failing to report an instance of

12  suspected child abuse or neglect as required by the Abused

13  and Neglected Child Reporting Act.

14  (t) Cheating on or attempting to subvert a licensing

15  examination administered under this Act.

16  (u) Mental illness or disability that results in the

17  inability to practice under this Act with reasonable

18  judgment, skill, or safety.

19  (v) Physical illness, including, but not limited to,

20  deterioration through the aging process or loss of motor

21  skill that results in a licensee's inability to practice

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

23  (w) Advising an individual to discontinue, reduce,

24  increase, or otherwise alter the intake of a drug

25  prescribed by a physician licensed to practice medicine in

26  all its branches or by a prescriber as defined in Section
    HB3711 Enrolled  - 97 - LRB104 09787 AAS 19853 b

1   102 of the Illinois Controlled Substances Act.

2   (x) Failing to report actual or alleged reportable

3   conduct in accordance with Section 2105-390 of the

4   Department of Professional Regulation Law of the Civil

5   Administrative Code of Illinois.

6   (2) The Department may refuse to issue or may suspend

7 without hearing, as provided for in the Code of Civil

8 Procedure, the license of any person who fails to file a

9 return, or pay the tax, penalty, or interest shown in a filed

10 return, or pay any final assessment of the tax, penalty, or

11 interest as required by any tax Act administered by the

12 Illinois Department of Revenue, until such time as the

13 requirements of any such tax Act are satisfied in accordance

14 with subsection (g) of Section 2105-15 of the Civil

15 Administrative Code of Illinois.

16  (3) (Blank).

17  (4) In cases where the Department of Healthcare and Family

18 Services has previously determined a licensee or a potential

19 licensee is more than 30 days delinquent in the payment of

20 child support and has subsequently certified the delinquency

21 to the Department, the Department may refuse to issue or renew

22 or may revoke or suspend that person's license or may take

23 other disciplinary action against that person based solely

24 upon the certification of delinquency made by the Department

25 of Healthcare and Family Services in accordance with item (5)

26 of subsection (a) of Section 2105-15 of the Civil
    HB3711 Enrolled  - 98 - LRB104 09787 AAS 19853 b

1 Administrative Code of Illinois.

2   (5) The determination by a circuit court that a licensee

3 is subject to involuntary admission or judicial admission, as

4 provided in the Mental Health and Developmental Disabilities

5 Code, operates as an automatic suspension. The suspension

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

7 longer subject to involuntary admission or judicial admission

8 and the issuance of an order so finding and discharging the

9 patient.

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

11 of a possible violation, may compel an individual licensed to

12 practice under this Act, or who has applied for licensure

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

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

15 The Department may order the examining physician to present

16 testimony concerning the mental or physical examination of the

17 licensee or applicant. No information shall be excluded by

18 reason of any common law or statutory privilege relating to

19 communications between the licensee or applicant and the

20 examining physician. The examining physicians shall be

21 specifically designated by the Department. The individual to

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

23 physician of his or her choice present during all aspects of

24 this examination. The examination shall be performed by a

25 physician licensed to practice medicine in all its branches.

26 Failure of an individual to submit to a mental or physical
    HB3711 Enrolled            - 99 - LRB104 09787 AAS 19853 b

1 examination, when directed, shall result in an automatic

2 suspension without hearing.

3   A person holding a license under this Act or who has

4 applied for a license under this Act who, because of a physical

5 or mental illness or disability, including, but not limited

6 to, deterioration through the aging process or loss of motor

7 skill, is unable to practice the profession with reasonable

8 judgment, skill, or safety, may be required by the Department

9 to submit to care, counseling, or treatment by physicians

10 approved or designated by the Department as a condition, term,

11 or restriction for continued, reinstated, or renewed licensure

12 to practice. Submission to care, counseling, or treatment as

13 required by the Department shall not be considered discipline

14 of a license. If the licensee refuses to enter into a care,

15 counseling, or treatment agreement or fails to abide by the

16 terms of the agreement, then the Department may file a

17 complaint to revoke, suspend, or otherwise discipline the

18 license of the individual. The Secretary may order the license

19 suspended immediately, pending a hearing by the Department.

20 Fines shall not be assessed in disciplinary actions involving

21 physical or mental illness or impairment.

22  In instances in which the Secretary immediately suspends a

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

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

25 days after the suspension and completed without appreciable

26 delay. The Department shall have the authority to review the
    HB3711 Enrolled  - 100 - LRB104 09787 AAS 19853 b

1 subject individual's record of treatment and counseling

2 regarding the impairment to the extent permitted by applicable

3 federal statutes and regulations safeguarding the

4 confidentiality of medical records.

5   An individual licensed under this Act and affected under

6 this Section shall be afforded an opportunity to demonstrate

7 to the Department that he or she can resume practice in

8 compliance with acceptable and prevailing standards under the

9 provisions of his or her license.

10 (Source: P.A. 100-872, eff. 8-14-18.)

11  Section 50. The Marriage and Family Therapy Licensing Act

12 is amended by changing Section 85 as follows:

13  (225 ILCS 55/85) (from Ch. 111, par. 8351-85)

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

15  Sec. 85. Refusal, revocation, or suspension.

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

17 or may revoke, suspend, reprimand, place on probation, or take

18 any other disciplinary or non-disciplinary action as the

19 Department may deem proper, including the imposition of fines

20 not to exceed $10,000 for each violation, with regard to any

21 license issued under the provisions of this Act for any one or

22 combination of the following grounds:

23  (1) Material misstatement in furnishing information to

24  the Department.
    HB3711 Enrolled         - 101 - LRB104 09787 AAS 19853 b

1   (2) Violation of any provision of this Act or its

2   rules.

3   (3) Conviction of or entry of a plea of guilty or nolo

4   contendere, finding of guilt, jury verdict, or entry of

5   judgment or sentencing, including, but not limited to,

6   convictions, preceding sentences of supervision,

7   conditional discharge, or first offender probation, under

8   the laws of any jurisdiction of the United States that is

9   (i) a felony or (ii) a misdemeanor, an essential element

10  of which is dishonesty or that is directly related to the

11  practice of the profession.

12  (4) Fraud or misrepresentation in applying for or

13  procuring a license under this Act or in connection with

14  applying for renewal or restoration of a license under

15  this Act or its rules.

16  (5) Professional incompetence.

17  (6) Gross negligence in practice under this Act.

18  (7) Aiding or assisting another person in violating

19  any provision of this Act or its rules.

20  (8) Failing, within 60 days, to provide information in

21  response to a written request made by the Department.

22  (9) Engaging in dishonorable, unethical, or

23  unprofessional conduct of a character likely to deceive,

24  defraud or harm the public as defined by the rules of the

25  Department, or violating the rules of professional conduct

26  adopted by the Department.
    HB3711 Enrolled  - 102 - LRB104 09787 AAS 19853 b

1   (10) Habitual or excessive use or abuse of drugs

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

3   any other substance that results in the inability to

4   practice with reasonable judgment, skill, or safety.

5   (11) Discipline by another jurisdiction if at least

6   one of the grounds for the discipline is the same or

7   substantially equivalent to those set forth in this Act.

8   (12) Directly or indirectly giving to or receiving

9   from any person, firm, corporation, partnership, or

10  association any fee, commission, rebate, or other form of

11  compensation for any professional services not actually or

12  personally rendered. Nothing in this paragraph (12)

13  affects any bona fide independent contractor or employment

14  arrangements among health care professionals, health

15  facilities, health care providers, or other entities,

16  except as otherwise prohibited by law. Any employment

17  arrangements may include provisions for compensation,

18  health insurance, pension, or other employment benefits

19  for the provision of services within the scope of the

20  licensee's practice under this Act. Nothing in this

21  paragraph (12) shall be construed to require an employment

22  arrangement to receive professional fees for services

23  rendered.

24  (13) A finding by the Department that the licensee,

25  after having his or her license placed on probationary

26  status, has violated the terms of probation or failed to
    HB3711 Enrolled         - 103 - LRB104 09787 AAS 19853 b

1   comply with the terms.

2   (14) Abandonment of a patient without cause.

3   (15) Willfully making or filing false records or

4   reports relating to a licensee's practice, including, but

5   not limited to, false records filed with State agencies or

6   departments.

7   (16) Willfully failing to report an instance of

8   suspected child abuse or neglect as required by the Abused

9   and Neglected Child Reporting Act.

10  (17) Being named as a perpetrator in an indicated

11  report by the Department of Children and Family Services

12  under the Abused and Neglected Child Reporting Act and

13  upon the indicated report becoming final after a hearing

14  or opportunity for a hearing.and upon proof by clear and

15  convincing evidence that the licensee has caused a child

16  to be an abused child or neglected child as defined in the

17  Abused and Neglected Child Reporting Act.

18  (18) Physical illness or mental illness or impairment,

19  including, but not limited to, deterioration through the

20  aging process or loss of motor skill that results in the

21  inability to practice the profession with reasonable

22  judgment, skill, or safety.

23  (19) Solicitation of professional services by using

24  false or misleading advertising.

25  (20) A pattern of practice or other behavior that

26  demonstrates incapacity or incompetence to practice under
    HB3711 Enrolled      - 104 - LRB104 09787 AAS 19853 b

1   this Act.

2   (21) Practicing under a false or assumed name, except

3   as provided by law.

4   (22) Gross, willful, and continued overcharging for

5   professional services, including filing false statements

6   for collection of fees or moneys for which services are

7   not rendered.

8   (23) Failure to establish and maintain records of

9   patient care and treatment as required by law.

10  (24) Cheating on or attempting to subvert the

11  licensing examinations administered under this Act.

12  (25) Willfully failing to report an instance of

13  suspected abuse, neglect, financial exploitation, or

14  self-neglect of an eligible adult as defined in and

15  required by the Adult Protective Services Act.

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

17  the Department on Aging and under the Adult Protective

18  Services Act and upon proof by clear and convincing

19  evidence that the licensee abused, neglected, or

20  financially exploited an eligible adult as defined in the

21  Adult Protective Services Act.

22  (27) Failing to report actual or alleged reportable

23  conduct in accordance with Section 2105-390 of the

24  Department of Professional Regulation Law of the Civil

25  Administrative Code of Illinois.

26  (b) (Blank).
    HB3711 Enrolled  - 105 - LRB104 09787 AAS 19853 b

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

2 is subject to involuntary admission or judicial admission, as

3 provided in the Mental Health and Developmental Disabilities

4 Code, operates as an automatic suspension. The suspension will

5 terminate only upon a finding by a court that the patient is no

6 longer subject to involuntary admission or judicial admission

7 and the issuance of an order so finding and discharging the

8 patient, and upon the recommendation of the Board to the

9 Secretary that the licensee be allowed to resume his or her

10 practice as a licensed marriage and family therapist or an

11 associate licensed marriage and family therapist.

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

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

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

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

16 any tax Act administered by the Illinois Department of

17 Revenue, until the time the requirements of the tax Act are

18 satisfied.

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

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

21 renew, or take any other disciplinary or non-disciplinary

22 action against a person's authorization to practice under this

23 Act based solely upon the person authorizing, recommending,

24 aiding, assisting, referring for, or otherwise participating

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

26 unlawful under the laws of this State, regardless of whether
    HB3711 Enrolled    - 106 - LRB104 09787 AAS 19853 b

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

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

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

4 renew, or take any other disciplinary or non-disciplinary

5 action against a person's authorization to practice under this

6 Act based upon the person's license, registration, or permit

7 being revoked or suspended, or the person being otherwise

8 disciplined, by any other state if that revocation,

9 suspension, or other form of discipline was based solely on

10 the person violating another state's laws prohibiting the

11 provision of, authorization of, recommendation of, aiding or

12 assisting in, referring for, or participation in any health

13 care service if that health care service as provided would not

14 have been unlawful under the laws of this State and is

15 consistent with the applicable standard of conduct for a

16 person practicing in Illinois under this Act.

17  (d-15) The conduct specified in subsection (d-5), (d-10),

18 (d-25), or (d-30) shall not constitute grounds for suspension

19 under Section 145.

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

21 authorization pursuant to this Act who has been subject to

22 disciplinary action by a duly authorized professional

23 disciplinary agency of another jurisdiction solely on the

24 basis of having authorized, recommended, aided, assisted,

25 referred for, or otherwise participated in health care shall

26 not be denied such licensure, certification, or authorization,
    HB3711 Enrolled  - 107 - LRB104 09787 AAS 19853 b

1 unless the Department determines that such action would have

2 constituted professional misconduct in this State; however,

3 nothing in this Section shall be construed as prohibiting the

4 Department from evaluating the conduct of such applicant and

5 making a determination regarding the licensure, certification,

6 or authorization to practice a profession under this Act.

7   (d-25) The Department may not revoke, suspend, summarily

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

9 renew, or take any other disciplinary or non-disciplinary

10 action against a person's authorization to practice issued

11 under this Act based solely upon an immigration violation by

12 the person.

13  (d-30) The Department may not revoke, suspend, summarily

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

15 renew, or take any other disciplinary or non-disciplinary

16 action against a person's authorization to practice under this

17 Act based upon the person's license, registration, or permit

18 being revoked or suspended, or the person being otherwise

19 disciplined, by any other state if that revocation,

20 suspension, or other form of discipline was based solely upon

21 an immigration violation by the person.

22  (e) In enforcing this Section, the Department or Board

23 upon a showing of a possible violation may compel an

24 individual licensed to practice under this Act, or who has

25 applied for licensure under this Act, to submit to a mental or

26 physical examination, or both, which may include a substance
    HB3711 Enrolled           - 108 - LRB104 09787 AAS 19853 b

1 abuse or sexual offender evaluation, as required by and at the

2 expense of the Department.

3   The Department shall specifically designate the examining

4 physician licensed to practice medicine in all of its branches

5 or, if applicable, the multidisciplinary team involved in

6 providing the mental or physical examination or both. The

7 multidisciplinary team shall be led by a physician licensed to

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

9 or more or a combination of physicians licensed to practice

10 medicine in all of its branches, licensed clinical

11 psychologists, licensed clinical social workers, licensed

12 clinical professional counselors, licensed marriage and family

13 therapists, and other professional and administrative staff.

14 Any examining physician or member of the multidisciplinary

15 team may require any person ordered to submit to an

16 examination and evaluation pursuant to this Section to submit

17 to any additional supplemental testing deemed necessary to

18 complete any examination or evaluation process, including, but

19 not limited to, blood testing, urinalysis, psychological

20 testing, or neuropsychological testing.

21  The Department may order the examining physician or any

22 member of the multidisciplinary team to provide to the

23 Department any and all records, including business records,

24 that relate to the examination and evaluation, including any

25 supplemental testing performed.

26  The Department or Board may order the examining physician
    HB3711 Enrolled             - 109 - LRB104 09787 AAS 19853 b

1 or any member of the multidisciplinary team to present

2 testimony concerning the mental or physical examination of the

3 licensee or applicant. No information, report, record, or

4 other documents in any way related to the examination shall be

5 excluded by reason of any common law or statutory privilege

6 relating to communications between the licensee or applicant

7 and the examining physician or any member of the

8 multidisciplinary team. No authorization is necessary from the

9 licensee or applicant ordered to undergo an examination for

10 the examining physician or any member of the multidisciplinary

11 team to provide information, reports, records, or other

12 documents or to provide any testimony regarding the

13 examination and evaluation.

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

15 expense, another physician of his or her choice present during

16 all aspects of this examination. However, that physician shall

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

18 with the examination.

19  Failure of an individual to submit to a mental or physical

20 examination, when ordered, shall result in an automatic

21 suspension of his or her license until the individual submits

22 to the examination.

23  If the Department or Board finds an individual unable to

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

25 Department or Board may require that individual to submit to

26 care, counseling, or treatment by physicians approved or
    HB3711 Enrolled  - 110 - LRB104 09787 AAS 19853 b

1 designated by the Department or Board, as a condition, term,

2 or restriction for continued, reinstated, or renewed licensure

3 to practice; or, in lieu of care, counseling, or treatment,

4 the Department may file, or the Board may recommend to the

5 Department to file, a complaint to immediately suspend,

6 revoke, or otherwise discipline the license of the individual.

7 An individual whose license was granted, continued,

8 reinstated, renewed, disciplined, or supervised subject to

9 such terms, conditions, or restrictions, and who fails to

10 comply with such terms, conditions, or restrictions, shall be

11 referred to the Secretary for a determination as to whether

12 the individual shall have his or her license suspended

13 immediately, pending a hearing by the Department.

14  In instances in which the Secretary immediately suspends a

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

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

17 days after the suspension and completed without appreciable

18 delay. The Department and Board shall have the authority to

19 review the subject individual's record of treatment and

20 counseling regarding the impairment to the extent permitted by

21 applicable federal statutes and regulations safeguarding the

22 confidentiality of medical records.

23  An individual licensed under this Act and affected under

24 this Section shall be afforded an opportunity to demonstrate

25 to the Department or Board that he or she can resume practice

26 in compliance with acceptable and prevailing standards under
    HB3711 Enrolled   - 111 - LRB104 09787 AAS 19853 b

1 the provisions of his or her license.

2   (f) A fine shall be paid within 60 days after the effective

3 date of the order imposing the fine or in accordance with the

4 terms set forth in the order imposing the fine.

5   (g) The Department may adopt rules to implement,

6 administer, and enforce this Section.

7 (Source: P.A. 103-715, eff. 1-1-25; 104-432, eff. 1-1-26.)

8   Section 55. The Music Therapy Licensing and Practice Act

9 is amended by changing Section 95 as follows:

10  (225 ILCS 56/95)

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

12  Sec. 95. Grounds for discipline.

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

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

15 disciplinary or nondisciplinary action as the Department deems

16 appropriate, including the issuance of fines not to exceed

17 $10,000 for each violation, with regard to any license for any

18 one or more of the following:

19  (1) Material misstatement in furnishing information to

20  the Department or to any other State agency.

21  (2) Violations or negligent or intentional disregard

22  of this Act, or any of its rules.

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

24  finding of guilt, jury verdict, or entry of judgment or
    HB3711 Enrolled    - 112 - LRB104 09787 AAS 19853 b

1   sentencing, including, but not limited to, convictions,

2   preceding sentences of supervision, conditional discharge,

3   or first offender probation, under the laws of any

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

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

6   is dishonesty, or that is directly related to the practice

7   of music therapy.

8   (4) Making any misrepresentation for the purpose of

9   obtaining a license, or violating any provision of this

10  Act or its rules.

11  (5) Negligence in the rendering of music therapy

12  services.

13  (6) Aiding or assisting another person in violating

14  any provision of this Act or any of its rules.

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

16  response to a written request made by the Department.

17  (8) Engaging in dishonorable, unethical, or

18  unprofessional conduct of a character likely to deceive,

19  defraud, or harm the public and violating the rules of

20  professional conduct adopted by the Department.

21  (9) Failing to maintain the confidentiality of any

22  information received from a client, unless otherwise

23  authorized or required by law.

24  (10) Failure to maintain client records of services

25  provided and provide copies to clients upon request.

26  (11) Exploiting a client for personal advantage,
    HB3711 Enrolled       - 113 - LRB104 09787 AAS 19853 b

1   profit, or interest.

2   (12) Habitual or excessive use or addiction to

3   alcohol, narcotics, stimulants, or any other chemical

4   agent or drug which results in inability to practice with

5   reasonable skill, judgment, or safety.

6   (13) Discipline by another governmental agency or unit

7   of government, by any jurisdiction of the United States,

8   or by a foreign nation, if at least one of the grounds for

9   the discipline is the same or substantially equivalent to

10  those set forth in this Section.

11  (14) Directly or indirectly giving to or receiving

12  from any person, firm, corporation, partnership, or

13  association any fee, commission, rebate, or other form of

14  compensation for any professional service not actually

15  rendered. Nothing in this paragraph affects any bona fide

16  independent contractor or employment arrangements among

17  health care professionals, health facilities, health care

18  providers, or other entities, except as otherwise

19  prohibited by law. Any employment arrangements may include

20  provisions for compensation, health insurance, pension, or

21  other employment benefits for the provision of services

22  within the scope of the licensee's practice under this

23  Act. Nothing in this paragraph shall be construed to

24  require an employment arrangement to receive professional

25  fees for services rendered.

26  (15) A finding by the Department that the licensee,
    HB3711 Enrolled  - 114 - LRB104 09787 AAS 19853 b

1   after having the license placed on probationary status,

2   has violated the terms of probation.

3   (16) Failing to refer a client to other health care

4   professionals when the licensee is unable or unwilling to

5   adequately support or serve the client.

6   (17) Willfully filing false reports relating to a

7   licensee's practice, including, but not limited to, false

8   records filed with federal or State agencies or

9   departments.

10  (18) Willfully failing to report an instance of

11  suspected child abuse or neglect as required by the Abused

12  and Neglected Child Reporting Act.

13  (19) Being named as a perpetrator in an indicated

14  report by the Department of Children and Family Services

15  pursuant to the Abused and Neglected Child Reporting Act

16  and upon the indicated report becoming final after a

17  hearing or opportunity for a hearing., and upon proof by

18  clear and convincing evidence that the licensee has caused

19  a child to be an abused child or neglected child as defined

20  in the Abused and Neglected Child Reporting Act.

21  (20) Physical or mental disability, including

22  deterioration through the aging process or loss of

23  abilities and skills which results in the inability to

24  practice the profession with reasonable judgment, skill,

25  or safety.

26  (21) Solicitation of professional services by using
    HB3711 Enrolled  - 115 - LRB104 09787 AAS 19853 b

1   false or misleading advertising.

2   (22) Fraud or making any misrepresentation in applying

3   for or procuring a license under this Act or in connection

4   with applying for renewal of a license under this Act.

5   (23) Practicing or attempting to practice under a name

6   other than the full name as shown on the license or any

7   other legally authorized name.

8   (24) Gross overcharging for professional services,

9   including filing statements for collection of fees or

10  moneys for which services are not rendered.

11  (25) Charging for professional services not rendered,

12  including filing false statements for the collection of

13  fees for which services are not rendered.

14  (26) Allowing one's license under this Act to be used

15  by an unlicensed person in violation of this Act.

16  (27) Failing to report actual or alleged reportable

17  conduct in accordance with Section 2105-390 of the

18  Department of Professional Regulation Law of the Civil

19  Administrative Code of Illinois.

20  (b) The determination by a court that a licensee is

21 subject to involuntary admission or judicial admission as

22 provided in the Mental Health and Developmental Disabilities

23 Code shall result in an automatic suspension of the licensee's

24 license. The suspension will end upon a finding by a court that

25 the licensee is no longer subject to involuntary admission or

26 judicial admission, the issuance of an order so finding and
    HB3711 Enrolled  - 116 - LRB104 09787 AAS 19853 b

1 discharging the patient, and the determination of the

2 Secretary that the licensee be allowed to resume professional

3 practice.

4   (c) The Department may refuse to issue or renew or may

5 suspend without hearing the license of any person who fails to

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

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

8 penalty, or interest as required by any Act regarding the

9 payment of taxes administered by the Department of Revenue

10 until the requirements of the Act are satisfied in accordance

11 with subsection (g) of Section 2105-15 of the Department of

12 Professional Regulation Law of the Civil Administrative Code

13 of Illinois.

14  (d) In cases where the Department of Healthcare and Family

15 Services has previously determined that a licensee or a

16 potential licensee is more than 30 days delinquent in the

17 payment of child support and has subsequently certified the

18 delinquency to the Department, the Department may refuse to

19 issue or renew or may revoke or suspend that person's license

20 or may take other disciplinary action against that person

21 based solely upon the certification of delinquency made by the

22 Department of Healthcare and Family Services in accordance

23 with paragraph (5) of subsection (a) of Section 2105-15 of the

24 Department of Professional Regulation Law of the Civil

25 Administrative Code of Illinois.

26  (e) All fines or costs imposed under this Section shall be
    HB3711 Enrolled   - 117 - LRB104 09787 AAS 19853 b

1 paid within 60 days after the effective date of the order
2 imposing the fine or costs or in accordance with the terms set
3 forth in the order imposing the fine.
4 (Source: P.A. 102-993, eff. 5-27-22; 103-605, eff. 7-1-24.)

5   Section 60. The Massage Therapy Practice Act is amended by

6 changing Section 45 as follows:

7   (225 ILCS 57/45)

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

9   Sec. 45. Grounds for discipline.

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

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

12 disciplinary or non-disciplinary action, as the Department

13 considers appropriate, including the imposition of fines not

14 to exceed $10,000 for each violation, with regard to any

15 license or licensee for any one or more of the following:

16  (1) violations of this Act or of the rules adopted

17  under this Act;

18  (2) conviction by plea of guilty or nolo contendere,

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

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

21  convictions, preceding sentences of supervision,

22  conditional discharge, or first offender probation, under

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

24  that is a felony; or (ii) that is a misdemeanor, an
    HB3711 Enrolled             - 118 - LRB104 09787 AAS 19853 b

1   essential element of which is dishonesty, or that is

2   directly related to the practice of the profession;

3   (3) professional incompetence;

4   (4) advertising in a false, deceptive, or misleading

5   manner, including failing to use the massage therapist's

6   own license number in an advertisement;

7   (5) aiding, abetting, assisting, procuring, advising,

8   employing, or contracting with any unlicensed person to

9   practice massage contrary to any rules or provisions of

10  this Act;

11  (6) engaging in immoral conduct in the commission of

12  any act, such as sexual abuse, sexual misconduct, or

13  sexual exploitation, related to the licensee's practice;

14  (7) engaging in dishonorable, unethical, or

15  unprofessional conduct of a character likely to deceive,

16  defraud, or harm the public;

17  (8) practicing or offering to practice beyond the

18  scope permitted by law or accepting and performing

19  professional responsibilities which the licensee knows or

20  has reason to know that he or she is not competent to

21  perform;

22  (9)              knowingly    delegating  professional

23  responsibilities to a person unqualified by training,

24  experience, or licensure to perform;

25  (10) failing to provide information in response to a

26  written request made by the Department within 60 days;
    HB3711 Enrolled  - 119 - LRB104 09787 AAS 19853 b

1   (11) having a habitual or excessive use of or

2   addiction to alcohol, narcotics, stimulants, or any other

3   chemical agent or drug which results in the inability to

4   practice with reasonable judgment, skill, or safety;

5   (12) having a pattern of practice or other behavior

6   that demonstrates incapacity or incompetence to practice

7   under this Act;

8   (13) discipline by another state, District of

9   Columbia, territory, or foreign nation, if at least one of

10  the grounds for the discipline is the same or

11  substantially equivalent to those set forth in this

12  Section;

13  (14) a finding by the Department that the licensee,

14  after having his or her license placed on probationary

15  status, has violated the terms of probation;

16  (15) willfully making or filing false records or

17  reports in his or her practice, including, but not limited

18  to, false records filed with State agencies or

19  departments;

20  (16) making a material misstatement in furnishing

21  information to the Department or otherwise making

22  misleading, deceptive, untrue, or fraudulent

23  representations in violation of this Act or otherwise in

24  the practice of the profession;

25  (17) fraud or misrepresentation in applying for or

26  procuring a license under this Act or in connection with
    HB3711 Enrolled  - 120 - LRB104 09787 AAS 19853 b

1   applying for renewal of a license under this Act;

2   (18) inability to practice the profession with

3   reasonable judgment, skill, or safety as a result of

4   physical illness, including, but not limited to,

5   deterioration through the aging process, loss of motor

6   skill, or a mental illness or disability;

7   (19) charging for professional services not rendered,

8   including filing false statements for the collection of

9   fees for which services are not rendered;

10  (20) practicing under a false or, except as provided

11  by law, an assumed name; or

12  (21) cheating on or attempting to subvert the

13  licensing examination administered under this Act; or.

14  (22) failing to report actual or alleged reportable

15  conduct in accordance with Section 2105-390 of the

16  Department of Professional Regulation Law of the Civil

17  Administrative Code of Illinois.

18  All fines shall be paid within 60 days of the effective

19 date of the order imposing the fine.

20  (b) A person not licensed under this Act and engaged in the

21 business of offering massage therapy services through others,

22 shall not aid, abet, assist, procure, advise, employ, or

23 contract with any unlicensed person to practice massage

24 therapy contrary to any rules or provisions of this Act. A

25 person violating this subsection (b) shall be treated as a

26 licensee for the purposes of disciplinary action under this
    HB3711 Enrolled  - 121 - LRB104 09787 AAS 19853 b

1 Section and shall be subject to cease and desist orders as

2 provided in Section 90 of this Act.

3   (c) The Department shall revoke any license issued under

4 this Act of any person who is convicted of prostitution, rape,

5 sexual misconduct, or any crime that subjects the licensee to

6 compliance with the requirements of the Sex Offender

7 Registration Act and any such conviction shall operate as a

8 permanent bar in the State of Illinois to practice as a massage

9 therapist.

10  (c-5) A prosecuting attorney shall provide notice to the

11 Department of the licensed massage therapist's name, address,

12 practice address, and license number and a copy of the

13 criminal charges filed immediately after a licensed massage

14 therapist has been charged with any of the following offenses:

15        (1) an offense for which the sentence includes

16  registration as a sex offender;

17        (2) involuntary sexual servitude of a minor;

18        (3) the crime of battery against a patient, including

19  any offense based on sexual conduct or sexual penetration,

20  in the course of patient care or treatment; or

21        (4) a forcible felony.

22  If the victim of the crime the licensee has been charged

23 with is a patient of the licensee, the prosecuting attorney

24 shall also provide notice to the Department of the patient's

25 name.

26  Within 5 business days after receiving notice from the
    HB3711 Enrolled  - 122 - LRB104 09787 AAS 19853 b

1 prosecuting attorney of the filing of criminal charges against

2 the licensed massage therapist, the Secretary shall issue an

3 administrative order that the licensed massage therapist shall

4 practice only with a chaperone during all patient encounters

5 pending the outcome of the criminal proceedings. The chaperone

6 shall be a licensed massage therapist or other health care

7 worker licensed by the Department. The administrative order

8 shall specify any other terms or conditions deemed appropriate

9 by the Secretary. The chaperone shall provide written notice

10 to all of the licensed massage therapist's patients explaining

11 the Department's order to use a chaperone. Each patient shall

12 sign an acknowledgment that the patient received the notice.

13 The notice to the patient of criminal charges shall include,

14 in 14-point font, the following statement: "The massage

15 therapist is presumed innocent until proven guilty of the

16 charges.".

17  The licensed massage therapist shall provide a written

18 plan of compliance with the administrative order that is

19 acceptable to the Department within 5 business days after

20 receipt of the administrative order. Failure to comply with

21 the administrative order, failure to file a compliance plan,

22 or failure to follow the compliance plan shall subject the

23 licensed massage therapist to temporary suspension of his or

24 her license until the completion of the criminal proceedings.

25  If the licensee is not convicted of the charge or if any

26 conviction is later overturned by a reviewing court, the
    HB3711 Enrolled   - 123 - LRB104 09787 AAS 19853 b

1 administrative order shall be vacated and removed from the

2 licensee's record.

3   The Department may adopt rules to implement this

4 subsection.

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

6 license of any person who fails to file a tax return, to pay

7 the tax, penalty, or interest shown in a filed tax return, or

8 to pay any final assessment of tax, penalty, or interest, as

9 required by any tax Act administered by the Illinois

10 Department of Revenue, until such time as the requirements of

11 the tax Act are satisfied in accordance with subsection (g) of

12 Section 2105-15 of the Civil Administrative Code of Illinois.

13  (e) (Blank).

14  (f) In cases where the Department of Healthcare and Family

15 Services has previously determined that a licensee or a

16 potential licensee is more than 30 days delinquent in the

17 payment of child support and has subsequently certified the

18 delinquency to the Department, the Department may refuse to

19 issue or renew or may revoke or suspend that person's license

20 or may take other disciplinary action against that person

21 based solely upon the certification of delinquency made by the

22 Department of Healthcare and Family Services in accordance

23 with item (5) of subsection (a) of Section 2105-15 of the Civil

24 Administrative Code of Illinois.

25  (g) The determination by a circuit court that a licensee

26 is subject to involuntary admission or judicial admission, as
   HB3711 Enrolled  - 124 - LRB104 09787 AAS 19853 b

1 provided in the Mental Health and Developmental Disabilities

2 Code, operates as an automatic suspension. The suspension will

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

4 longer subject to involuntary admission or judicial admission

5 and the issuance of a court order so finding and discharging

6 the patient.

7  (h) In enforcing this Act, the Department or Board, upon a

8 showing of a possible violation, may compel an individual

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

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

11 examination, or both, as required by and at the expense of the

12 Department. The Department or Board may order the examining

13 physician to present testimony concerning the mental or

14 physical examination of the licensee or applicant. No

15 information shall be excluded by reason of any common law or

16 statutory privilege relating to communications between the

17 licensee or applicant and the examining physician. The

18 examining physicians shall be specifically designated by the

19 Board or Department. The individual to be examined may have,

20 at his or her own expense, another physician of his or her

21 choice present during all aspects of this examination. The

22 examination shall be performed by a physician licensed to

23 practice medicine in all its branches. Failure of an

24 individual to submit to a mental or physical examination, when

25 directed, shall result in an automatic suspension without

26 hearing.
    HB3711 Enrolled  - 125 - LRB104 09787 AAS 19853 b

1   A person holding a license under this Act or who has

2 applied for a license under this Act who, because of a physical

3 or mental illness or disability, including, but not limited

4 to, deterioration through the aging process or loss of motor

5 skill, is unable to practice the profession with reasonable

6 judgment, skill, or safety, may be required by the Department

7 to submit to care, counseling, or treatment by physicians

8 approved or designated by the Department as a condition, term,

9 or restriction for continued, reinstated, or renewed licensure

10 to practice. Submission to care, counseling, or treatment as

11 required by the Department shall not be considered discipline

12 of a license. If the licensee refuses to enter into a care,

13 counseling, or treatment agreement or fails to abide by the

14 terms of the agreement, the Department may file a complaint to

15 revoke, suspend, or otherwise discipline the license of the

16 individual. The Secretary may order the license suspended

17 immediately, pending a hearing by the Department. Fines shall

18 not be assessed in disciplinary actions involving physical or

19 mental illness or impairment.

20  In instances in which the Secretary immediately suspends a

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

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

23 days after the suspension and completed without appreciable

24 delay. The Department and Board shall have the authority to

25 review the subject individual's record of treatment and

26 counseling regarding the impairment to the extent permitted by
    HB3711 Enrolled    - 126 - LRB104 09787 AAS 19853 b

1 applicable federal statutes and regulations safeguarding the

2 confidentiality of medical records.

3   An individual licensed under this Act and affected under

4 this Section shall be afforded an opportunity to demonstrate

5 to the Department or Board that he or she can resume practice

6 in compliance with acceptable and prevailing standards under

7 the provisions of his or her license.

8 (Source: P.A. 103-757, eff. 8-2-24; 104-417, eff. 8-15-25.)

9   Section 65. The Medical Practice Act of 1987 is amended by

10 changing Section 22 as follows:

11  (225 ILCS 60/22)

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

13  Sec. 22. Disciplinary action.

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

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

16 other disciplinary or non-disciplinary action as the

17 Department may deem proper with regard to the license or

18 permit of any person issued under this Act, including imposing

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

20 following grounds:

21  (1) (Blank).

22  (2) (Blank).

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

24  guilt, jury verdict, or entry of judgment or sentencing,
    HB3711 Enrolled        - 127 - LRB104 09787 AAS 19853 b

1   including, but not limited to, convictions, preceding

2   sentences of supervision, conditional discharge, or first

3   offender probation, under the laws of any jurisdiction of

4   the United States of any crime that is a felony.

5   (4) Gross negligence in practice under this Act.

6   (5) Engaging in dishonorable, unethical, or

7   unprofessional conduct of a character likely to deceive,

8   defraud, or harm the public.

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

10  misrepresentation.

11  (7) Habitual or excessive use or abuse of drugs

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

13  any other substances which results in the inability to

14  practice with reasonable judgment, skill, or safety.

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

16  law, an assumed name.

17  (9) Fraud or misrepresentation in applying for, or

18  procuring, a license under this Act or in connection with

19  applying for renewal of a license under this Act.

20  (10) Making a false or misleading statement regarding

21  their skill or the efficacy or value of the medicine,

22  treatment, or remedy prescribed by them at their direction

23  in the treatment of any disease or other condition of the

24  body or mind.

25  (11) Allowing another person or organization to use

26  their license, procured under this Act, to practice.
    HB3711 Enrolled  - 128 - LRB104 09787 AAS 19853 b

1   (12) Adverse action taken by another state or

2   jurisdiction against a license or other authorization to

3   practice as a medical doctor, doctor of osteopathy, doctor

4   of osteopathic medicine, or doctor of chiropractic, a

5   certified copy of the record of the action taken by the

6   other state or jurisdiction being prima facie evidence

7   thereof. This includes any adverse action taken by a State

8   or federal agency that prohibits a medical doctor, doctor

9   of osteopathy, doctor of osteopathic medicine, or doctor

10  of chiropractic from providing services to the agency's

11  participants.

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

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

14  violation of the rules, or a final administrative action

15  of the Secretary, after consideration of the

16  recommendation of the Medical Board.

17  (14) Violation of the prohibition against fee

18  splitting in Section 22.2 of this Act.

19  (15) A finding by the Medical Board that the

20  registrant after having his or her license placed on

21  probationary status or subjected to conditions or

22  restrictions violated the terms of the probation or failed

23  to comply with such terms or conditions.

24  (16) Abandonment of a patient.

25  (17)             Prescribing,  selling,   administering,

26  distributing, giving, or self-administering any drug
    HB3711 Enrolled  - 129 - LRB104 09787 AAS 19853 b

1   classified as a controlled substance (designated product)

2   or narcotic for other than medically accepted therapeutic

3   purposes.

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

5   appliances, or goods provided for a patient in such manner

6   as to exploit the patient for financial gain of the

7   physician.

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

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

10  medicine, or the treating, operating, or prescribing for

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

12  the licensee refuses to divulge upon demand of the

13  Department.

14  (20) Immoral conduct in the commission of any act,

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

16  sexual misconduct related to the licensee's practice.

17  (21) Willfully making or filing false records or

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

19  but not limited to, false records to support claims

20  against the medical assistance program of the Department

21  of Healthcare and Family Services (formerly Department of

22  Public Aid) under the Illinois Public Aid Code.

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

24  impeding the filing or recording, or inducing another

25  person to omit to file or record, medical reports as

26  required by law, or willfully failing to report an
    HB3711 Enrolled  - 130 - LRB104 09787 AAS 19853 b

1   instance of suspected abuse or neglect as required by law.

2   (23) Being named as a perpetrator in an indicated

3   report by the Department of Children and Family Services

4   under the Abused and Neglected Child Reporting Act and

5   upon the indicated report becoming final after a hearing

6   or opportunity for a hearing., and upon proof by clear and

7   convincing evidence that the licensee has caused a child

8   to be an abused child or neglected child as defined in the

9   Abused and Neglected Child Reporting Act.

10  (24) Solicitation of professional patronage by any

11  corporation, agents, or persons, or profiting from those

12  representing themselves to be agents of the licensee.

13  (25) Gross, and willful, and continued overcharging

14  for professional services, including filing false

15  statements for collection of fees for which services are

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

17  false statements for collection of monies for services not

18  rendered from the medical assistance program of the

19  Department of Healthcare and Family Services (formerly

20  Department of Public Aid) under the Illinois Public Aid

21  Code.

22  (26) A pattern of practice or other behavior which

23  demonstrates incapacity or incompetence to practice under

24  this Act.

25  (27) Mental illness or disability which results in the

26  inability to practice under this Act with reasonable
    HB3711 Enrolled   - 131 - LRB104 09787 AAS 19853 b

1   judgment, skill, or safety.

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

3   deterioration through the aging process, or loss of motor

4   skill which results in a physician's inability to practice

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

6   (29) Cheating on or attempting to subvert the

7   licensing examinations administered under this Act.

8   (30) Willfully or negligently violating the

9   confidentiality between physician and patient except as

10  required by law.

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

12  statement in any document connected with practice under

13  this Act.

14  (32) Aiding and abetting an individual not licensed

15  under this Act in the practice of a profession licensed

16  under this Act.

17  (33) Violating State or federal laws or regulations

18  relating to controlled substances, legend drugs, or

19  ephedra as defined in the Ephedra Prohibition Act.

20  (34) Failure to report to the Department any adverse

21  final action taken against them by another licensing

22  jurisdiction (any other state or any territory of the

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

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

25  professional society or association related to practice

26  under this Act, by any governmental agency, by any law
    HB3711 Enrolled   - 132 - LRB104 09787 AAS 19853 b

1   enforcement agency, or by any court for acts or conduct

2   similar to acts or conduct which would constitute grounds

3   for action as defined in this Section.

4   (35) Failure to report to the Department surrender of

5   a license or authorization to practice as a medical

6   doctor, a doctor of osteopathy, a doctor of osteopathic

7   medicine, or doctor of chiropractic in another state or

8   jurisdiction, or surrender of membership on any medical

9   staff or in any medical or professional association or

10  society, while under disciplinary investigation by any of

11  those authorities or bodies, for acts or conduct similar

12  to acts or conduct which would constitute grounds for

13  action as defined in this Section.

14  (36) Failure to report to the Department any adverse

15  judgment, settlement, or award arising from a liability

16  claim related to acts or conduct similar to acts or

17  conduct which would constitute grounds for action as

18  defined in this Section.

19  (37) Failure to provide copies of medical records as

20  required by law.

21  (38) Failure to furnish the Department, or its

22  investigators or representatives, relevant information,

23  legally requested by the Department after consultation

24  with the Chief Medical Coordinator or the Deputy Medical

25  Coordinator.

26  (39) Violating the Health Care Worker Self-Referral
    HB3711 Enrolled        - 133 - LRB104 09787 AAS 19853 b

1   Act.

2   (40) (Blank).

3   (41) Failure to establish and maintain records of

4   patient care and treatment as required by this law.

5   (42) Entering into an excessive number of written

6   collaborative agreements with licensed advanced practice

7   registered nurses resulting in an inability to adequately

8   collaborate.

9   (43) Repeated failure to adequately collaborate with a

10  licensed advanced practice registered nurse.

11  (44) Violating the Compassionate Use of Medical

12  Cannabis Program Act.

13  (45) Entering into an excessive number of written

14  collaborative agreements with licensed prescribing

15  psychologists resulting in an inability to adequately

16  collaborate.

17  (46) Repeated failure to adequately collaborate with a

18  licensed prescribing psychologist.

19  (47) Willfully failing to report an instance of

20  suspected abuse, neglect, financial exploitation, or

21  self-neglect of an eligible adult as defined in and

22  required by the Adult Protective Services Act.

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

24  the Department on Aging under the Adult Protective

25  Services Act, and upon proof by clear and convincing

26  evidence that the licensee abused, neglected, or
    HB3711 Enrolled       - 134 - LRB104 09787 AAS 19853 b

1   financially exploited an eligible adult as defined in the

2   Adult Protective Services Act.

3   (49) Entering into an excessive number of written

4   collaborative agreements with licensed physician

5   assistants resulting in an inability to adequately

6   collaborate.

7   (50) Repeated failure to adequately collaborate with a

8   physician assistant.

9   (51) Failure to report actual or alleged reportable

10  conduct in accordance with Section 2105-390 of the

11  Department of Professional Regulation Law of the Civil

12  Administrative Code of Illinois.

13  (52) Except in the context of emergency care, surgical

14  care, or care that requires more than one health care

15  professional, conducting a physical examination of the

16  breast or genitalia under one of the following conditions:

17  (i) conducting the examination alone with the patient

18  without first informing the patient that the patient may

19  request the presence of a third person during the

20  examination; or (ii) conducting the examination alone with

21  the patient if the patient has requested, and not

22  withdrawn the request, to have a third person present. If

23  the patient does not bring a third person, and if no

24  licensee-provided third person is available, the licensee

25  may inform the patient that the licensee cannot honor the

26  patient's request and invite the patient to either return
    HB3711 Enrolled  - 135 - LRB104 09787 AAS 19853 b

1   with a patient-provided third person or voluntarily elect

2   to withdraw the request and proceed with the examination.

3   For a patient whose care decisions are made by a parent or

4   guardian, the licensee's obligation is to inform and honor

5   requests from the parent or guardian. Notwithstanding any

6   provision of this paragraph (52) to the contrary, except

7   in the context of emergency care, surgical care, or care

8   that requires more than one health care professional,

9   licensees may, in their sole discretion, refuse to conduct

10  an examination of the breast or genitalia without a third

11  person present.

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

13 proceedings to suspend, revoke, place on probationary status,

14 or take any other disciplinary action as the Department may

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

16 grounds, must be commenced within 5 years next after receipt

17 by the Department of a complaint alleging the commission of or

18 notice of the conviction order for any of the acts described

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

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

21 date of the incident or act alleged to have violated this

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

23 pattern of practice or other behavior includes all incidents

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

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

26 received, within the 10-year period preceding the filing of
    HB3711 Enrolled  - 136 - LRB104 09787 AAS 19853 b

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

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

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

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

5 the allegation that a person licensed under this Act was

6 negligent in providing care, the Department shall have an

7 additional period of 2 years from the date of notification to

8 the Department under Section 23 of this Act of such settlement

9 or final judgment in which to investigate and commence formal

10 disciplinary proceedings under Section 36 of this Act, except

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

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

13 included within any period of time limiting the commencement

14 of disciplinary action by the Department.

15  The entry of an order or judgment by any circuit court

16 establishing that any person holding a license under this Act

17 is a person in need of mental treatment operates as a

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

19 practice only upon the entry of a Departmental order based

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

21 determined to be recovered from mental illness by the court

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

23 permitted to resume his or her practice.

24  The Department may refuse to issue or take disciplinary

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

26 return, or to pay the tax, penalty, or interest shown in a
    HB3711 Enrolled  - 137 - LRB104 09787 AAS 19853 b

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

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

3 Illinois Department of Revenue, until such time as the

4 requirements of any such tax Act are satisfied as determined

5 by the Illinois Department of Revenue.

6   The Department, upon the recommendation of the Medical

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

8 in determining:

9   (a) when a person will be deemed sufficiently

10  rehabilitated to warrant the public trust;

11  (b) what constitutes dishonorable, unethical, or

12  unprofessional conduct of a character likely to deceive,

13  defraud, or harm the public;

14  (c) what constitutes immoral conduct in the commission

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

16  an act of sexual misconduct related to the licensee's

17  practice; and

18  (d) what constitutes gross negligence in the practice

19  of medicine.

20  However, no such rule shall be admissible into evidence in

21 any civil action except for review of a licensing or other

22 disciplinary action under this Act.

23  In enforcing this Section, the Medical Board, upon a

24 showing of a possible violation, may compel any individual who

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

26 practice under this Act, or any individual who has applied for
HB3711 Enrolled  - 138 - LRB104 09787 AAS 19853 b

 1 licensure or a permit pursuant to this Act, to submit to a
 2 mental or physical examination and evaluation, or both, which
 3 may include a substance abuse or sexual offender evaluation,
 4 as required by the Medical Board and at the expense of the
 5 Department. The Medical Board shall specifically designate the
 6 examining physician licensed to practice medicine in all of
 7 its branches or, if applicable, the multidisciplinary team
 8 involved in providing the mental or physical examination and
 9 evaluation, or both. The multidisciplinary team shall be led
10 by a physician licensed to practice medicine in all of its
11 branches and may consist of one or more or a combination of
12 physicians licensed to practice medicine in all of its
13 branches, licensed chiropractic physicians, licensed clinical
14 psychologists, licensed clinical social workers, licensed
15 clinical professional counselors, and other professional and
16 administrative staff. Any examining physician or member of the
17 multidisciplinary team may require any person ordered to
18 submit to an examination and evaluation pursuant to this
19 Section to submit to any additional supplemental testing
20 deemed necessary to complete any examination or evaluation
21 process, including, but not limited to, blood testing,
22 urinalysis, psychological testing, or neuropsychological
23 testing. The Medical Board or the Department may order the
24 examining physician or any member of the multidisciplinary
25 team to provide to the Department or the Medical Board any and
26 all records, including business records, that relate to the
HB3711 Enrolled  - 139 - LRB104 09787 AAS 19853 b

 1 examination and evaluation, including any supplemental testing
 2 performed. The Medical Board or the Department may order the
 3 examining physician or any member of the multidisciplinary
 4 team to present testimony concerning this examination and
 5 evaluation of the licensee, permit holder, or applicant,
 6 including testimony concerning any supplemental testing or
 7 documents relating to the examination and evaluation. No
 8 information, report, record, or other documents in any way
 9 related to the examination and evaluation shall be excluded by
10 reason of any common law or statutory privilege relating to
11 communication between the licensee, permit holder, or
12 applicant and the examining physician or any member of the
13 multidisciplinary team. No authorization is necessary from the
14 licensee, permit holder, or applicant ordered to undergo an
15 evaluation and examination for the examining physician or any
16 member of the multidisciplinary team to provide information,
17 reports, records, or other documents or to provide any
18 testimony regarding the examination and evaluation. The
19 individual to be examined may have, at his or her own expense,
20 another physician of his or her choice present during all
21 aspects of the examination. Failure of any individual to
22 submit to mental or physical examination and evaluation, or
23 both, when directed, shall result in an automatic suspension,
24 without hearing, until such time as the individual submits to
25 the examination. If the Medical Board finds a physician unable
26 to practice following an examination and evaluation because of
    HB3711 Enrolled  - 140 - LRB104 09787 AAS 19853 b

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

2 require such physician to submit to care, counseling, or

3 treatment by physicians, or other health care professionals,

4 approved or designated by the Medical Board, as a condition

5 for issued, continued, reinstated, or renewed licensure to

6 practice. Any physician, whose license was granted pursuant to

7 Section 9, 17, or 19 of this Act, or, continued, reinstated,

8 renewed, disciplined, or supervised, subject to such terms,

9 conditions, or restrictions who shall fail to comply with such

10 terms, conditions, or restrictions, or to complete a required

11 program of care, counseling, or treatment, as determined by

12 the Chief Medical Coordinator or Deputy Medical Coordinators,

13 shall be referred to the Secretary for a determination as to

14 whether the licensee shall have his or her license suspended

15 immediately, pending a hearing by the Medical Board. In

16 instances in which the Secretary immediately suspends a

17 license under this Section, a hearing upon such person's

18 license must be convened by the Medical Board within 15 days

19 after such suspension and completed without appreciable delay.

20 The Medical Board shall have the authority to review the

21 subject physician's record of treatment and counseling

22 regarding the impairment, to the extent permitted by

23 applicable federal statutes and regulations safeguarding the

24 confidentiality of medical records.

25  An individual licensed under this Act, affected under this

26 Section, shall be afforded an opportunity to demonstrate to
    HB3711 Enrolled  - 141 - LRB104 09787 AAS 19853 b

1 the Medical Board that he or she can resume practice in

2 compliance with acceptable and prevailing standards under the

3 provisions of his or her license.

4   The Medical Board, in determining mental capacity of an

5 individual licensed under this Act, shall consider the latest

6 recommendations of the Federation of State Medical Boards.

7   The Department may promulgate rules for the imposition of

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

9 violation of this Act. Fines may be imposed in conjunction

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

11 exclusive disposition of any disciplinary action arising out

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

13 collected from such fines shall be deposited in the Illinois

14 State Medical Disciplinary Fund.

15  All fines imposed under this Section shall be paid within

16 60 days after the effective date of the order imposing the fine

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

18 the fine.

19  (B) The Department shall revoke the license or permit

20 issued under this Act to practice medicine of a chiropractic

21 physician who has been convicted a second time of committing

22 any felony under the Illinois Controlled Substances Act or the

23 Methamphetamine Control and Community Protection Act, or who

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

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

26 person whose license or permit is revoked under this
    HB3711 Enrolled      - 142 - LRB104 09787 AAS 19853 b

1 subsection (B) shall be prohibited from practicing medicine or

2 treating human ailments without the use of drugs and without

3 operative surgery.

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

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

6 other disciplinary or non-disciplinary action against a

7 person's authorization to practice under this Act:

8   (1) based solely upon the recommendation of the person

9   to an eligible patient regarding, or prescription for, or

10  treatment with, an investigational drug, biological

11  product, or device;

12  (2) for experimental treatment for Lyme disease or

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

14  the prescription of or treatment with long-term

15  antibiotics;

16  (3) based solely upon the person providing,

17  authorizing, recommending, aiding, assisting, referring

18  for, or otherwise participating in any health care

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

20  laws of this State, regardless of whether the patient was

21  a resident of this State or another state; or

22  (4) based upon the person's license, registration, or

23  permit being revoked or suspended, or the person being

24  otherwise disciplined, by any other state if that

25  revocation, suspension, or other form of discipline was

26  based solely on the person violating another state's laws
    HB3711 Enrolled    - 143 - LRB104 09787 AAS 19853 b

1   prohibiting the provision of, authorization of,

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

3   or participation in any health care service if that health

4   care service as provided would not have been unlawful

5   under the laws of this State and is consistent with the

6   applicable standard of conduct for the person practicing

7   in Illinois under this Act.

8   (D) (Blank).

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

10 trigger reporting requirements under Section 23, constitute

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

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

13 Right to Know Act.

14  (F) An applicant seeking licensure, certification, or

15 authorization pursuant to this Act and who has been subject to

16 disciplinary action by a duly authorized professional

17 disciplinary agency of another jurisdiction solely on the

18 basis of having provided, authorized, recommended, aided,

19 assisted, referred for, or otherwise participated in health

20 care shall not be denied such licensure, certification, or

21 authorization, unless the Department determines that the

22 action would have constituted professional misconduct in this

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

24 prohibiting the Department from evaluating the conduct of the

25 applicant and making a determination regarding the licensure,

26 certification, or authorization to practice a profession under
    HB3711 Enrolled         - 144 - LRB104 09787 AAS 19853 b

1 this Act.

2   (G) The Department may adopt rules to implement,

3 administer, and enforce this Section Public Act 102-1117.

4 (Source: P.A. 103-442, eff. 1-1-24; 104-417, eff. 8-15-25;

5 104-432, eff. 1-1-26; revised 9-15-25.)

6   Section 70. The Naprapathic Practice Act is amended by

7 changing Section 110 as follows:

8   (225 ILCS 63/110)

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

10  Sec. 110. Grounds for disciplinary action; refusal,

11 revocation, suspension.

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

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

14 disciplinary or non-disciplinary action as the Department may

15 deem appropriate, including imposing fines not to exceed

16 $10,000 for each violation, with regard to any licensee or

17 license for any one or combination of the following causes:

18  (1) Violations of this Act or of rules adopted under

19  this Act.

20  (2) Making a material misstatement in furnishing

21  information to the Department or otherwise making

22  misleading, deceptive, untrue, or fraudulent

23  representations in violation of this Act or otherwise in

24  the practice of the profession.
    HB3711 Enrolled   - 145 - LRB104 09787 AAS 19853 b

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

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

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

4   convictions, preceding sentences of supervision,

5   conditional discharge, or first offender probation, under

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

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

8   essential element of which is dishonesty, or that is

9   directly related to the practice of the profession.

10  (4) Fraud or any misrepresentation in applying for or

11  procuring a license under this Act or in connection with

12  applying for renewal of a license under this Act.

13  (5) Professional incompetence or gross negligence.

14  (6) Malpractice.

15  (7) Aiding or assisting another person in violating

16  any provision of this Act or its rules.

17  (8) Failing to provide information within 60 days in

18  response to a written request made by the Department.

19  (9) Engaging in dishonorable, unethical, or

20  unprofessional conduct of a character likely to deceive,

21  defraud, or harm the public.

22  (10) Habitual or excessive use or abuse of drugs

23  defined in law as controlled substances, alcohol, or any

24  other substance which results in the inability to practice

25  with reasonable judgment, skill, or safety.

26  (11) Discipline by another U.S. jurisdiction or
    HB3711 Enrolled  - 146 - LRB104 09787 AAS 19853 b

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

2   discipline is the same or substantially equivalent to

3   those set forth in this Act.

4   (12) Directly or indirectly giving to or receiving

5   from any person, firm, corporation, partnership, or

6   association any fee, commission, rebate, or other form of

7   compensation for any professional services not actually or

8   personally rendered. This shall not be deemed to include

9   rent or other remunerations paid to an individual,

10  partnership, or corporation by a naprapath for the lease,

11  rental, or use of space, owned or controlled by the

12  individual, partnership, corporation, or association.

13  Nothing in this paragraph (12) affects any bona fide

14  independent contractor or employment arrangements among

15  health care professionals, health facilities, health care

16  providers, or other entities, except as otherwise

17  prohibited by law. Any employment arrangements may include

18  provisions for compensation, health insurance, pension, or

19  other employment benefits for the provision of services

20  within the scope of the licensee's practice under this

21  Act. Nothing in this paragraph (12) shall be construed to

22  require an employment arrangement to receive professional

23  fees for services rendered.

24  (13) Using the title "Doctor" or its abbreviation

25  without further clarifying that title or abbreviation with

26  the word "naprapath" or "naprapathy" or the designation
    HB3711 Enrolled  - 147 - LRB104 09787 AAS 19853 b

1   "D.N.".

2   (14) A finding by the Department that the licensee,

3   after having his or her license placed on probationary

4   status, has violated the terms of probation.

5   (15) Abandonment of a patient without cause.

6   (16) Willfully making or filing false records or

7   reports relating to a licensee's practice, including but

8   not limited to, false records filed with State agencies or

9   departments.

10  (17) Willfully failing to report an instance of

11  suspected child abuse or neglect as required by the Abused

12  and Neglected Child Reporting Act.

13  (18) Physical or mental illness or disability,

14  including, but not limited to, deterioration through the

15  aging process or loss of motor skill that results in the

16  inability to practice the profession with reasonable

17  judgment, skill, or safety.

18  (19) Solicitation of professional services by means

19  other than permitted advertising.

20  (20) Failure to provide a patient with a copy of his or

21  her record upon the written request of the patient.

22  (21) Cheating on or attempting to subvert the

23  licensing examination administered under this Act.

24  (22) Allowing one's license under this Act to be used

25  by an unlicensed person in violation of this Act.

26  (23) (Blank).
    HB3711 Enrolled           - 148 - LRB104 09787 AAS 19853 b

1   (24) Being named as a perpetrator in an indicated

2   report by the Department of Children and Family Services

3   under the Abused and Neglected Child Reporting Act and

4   upon the indicated report becoming final after a hearing

5   or opportunity for a hearing. and upon proof by clear and

6   convincing evidence that the licensee has caused a child

7   to be an abused child or a neglected child as defined in

8   the Abused and Neglected Child Reporting Act.

9   (25) Practicing under a false or, except as provided

10  by law, an assumed name.

11  (26) Immoral conduct in the commission of any act,

12  such as sexual abuse, sexual misconduct, or sexual

13  exploitation, related to the licensee's practice.

14  (27) Maintaining a professional relationship with any

15  person, firm, or corporation when the naprapath knows, or

16  should know, that the person, firm, or corporation is

17  violating this Act.

18  (28) Promotion of the sale of food supplements,

19  devices, appliances, or goods provided for a client or

20  patient in such manner as to exploit the patient or client

21  for financial gain of the licensee.

22  (29) Having treated ailments of human beings other

23  than by the practice of naprapathy as defined in this Act

24  unless authorized to do so by State law.

25  (30) Use by a registered naprapath of the word

26  "infirmary", "hospital", "school", "university", in
    HB3711 Enrolled  - 149 - LRB104 09787 AAS 19853 b

1   English or any other language, in connection with the

2   place where naprapathy may be practiced or demonstrated.

3   (31) Continuance of a naprapath in the employ of any

4   person, firm, or corporation, or as an assistant to any

5   naprapath or naprapaths, directly or indirectly, after his

6   or her employer or superior has been found guilty of

7   violating or has been enjoined from violating the laws of

8   the State of Illinois relating to the practice of

9   naprapathy when the employer or superior persists in that

10  violation.

11  (32) The performance of naprapathic service in

12  conjunction with a scheme or plan with another person,

13  firm, or corporation known to be advertising in a manner

14  contrary to this Act or otherwise violating the laws of

15  the State of Illinois concerning the practice of

16  naprapathy.

17  (33) Failure to provide satisfactory proof of having

18  participated in approved continuing education programs as

19  determined by and approved by the Secretary. Exceptions

20  for extreme hardships are to be defined by the rules of the

21  Department.

22  (34) (Blank).

23  (35) Gross or willful overcharging for professional

24  services.

25  (36) (Blank).

26  (37) Failure to report actual or alleged reportable
    HB3711 Enrolled  - 150 - LRB104 09787 AAS 19853 b

1   conduct in accordance with Section 2105-390 of the

2   Department of Professional Regulation Law of the Civil

3   Administrative Code of Illinois.

4   All fines imposed under this Section shall be paid within

5 60 days after the effective date of the order imposing the

6 fine, unless an alternate payment schedule has been agreed

7 upon in writing.

8   (b) A person not licensed under this Act and engaged in the

9 business of offering naprapathy services through others, shall

10 not aid, abet, assist, procure, advise, employ, or contract

11 with any unlicensed person to practice naprapathy contrary to

12 any rules or provisions of this Act. A person violating this

13 subsection (b) shall be treated as a licensee for the purposes

14 of disciplinary action under this Section and shall be subject

15 to cease and desist orders as provided in Section 90 of this

16 Act.

17  (b-5) The Department may refuse to issue or may suspend

18 the license of any person who fails to file a tax return, to

19 pay the tax, penalty, or interest shown in a filed tax return,

20 or to pay any final assessment of tax, penalty, or interest, as

21 required by any tax Act administered by the Department of

22 Revenue, until the requirements of the tax Act are satisfied

23 in accordance with subsection (g) of Section 2105-15 of the

24 Civil Administrative Code of Illinois.

25  (c) (Blank).

26  (d) In cases where the Department of Healthcare and Family
    HB3711 Enrolled  - 151 - LRB104 09787 AAS 19853 b

1 Services has previously determined a licensee or a potential

2 licensee is more than 30 days delinquent in the payment of

3 child support and has subsequently certified the delinquency

4 to the Department, the Department may refuse to issue or renew

5 or may revoke or suspend that person's license or may take

6 other disciplinary action against that person based solely

7 upon the certification of delinquency made by the Department

8 of Healthcare and Family Services in accordance with item (5)

9 of subsection (a) of Section 2105-15 of the Department of

10 Professional Regulation Law of the Civil Administrative Code

11 of Illinois.

12  (e) The determination by a circuit court that a licensee

13 is subject to involuntary admission or judicial admission, as

14 provided in the Mental Health and Developmental Disabilities

15 Code, operates as an automatic suspension. The suspension

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

17 longer subject to involuntary admission or judicial admission

18 and the issuance of an order so finding and discharging the

19 patient and upon the Board's recommendation to the Department

20 that the license be restored. Where the circumstances so

21 indicate, the Board may recommend to the Department that it

22 require an examination prior to restoring a suspended license.

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

24 of a possible violation, may compel an individual licensed to

25 practice under this Act, or who has applied for licensure

26 under this Act, to submit to a mental or physical examination,
    HB3711 Enrolled  - 152 - LRB104 09787 AAS 19853 b

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

2 The Department or Board may order the examining physician to

3 present testimony concerning the mental or physical

4 examination of the licensee or applicant. No information shall

5 be excluded by reason of any common law or statutory privilege

6 relating to communications between the licensee or applicant

7 and the examining physician. The examining physicians shall be

8 specifically designated by the Board or Department. The

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

10 another physician of his or her choice present during all

11 aspects of this examination. The examination shall be

12 performed by a physician under the Medical Practice Act of

13 1987. Failure of an individual to submit to a mental or

14 physical examination, when directed, shall result in an

15 automatic suspension without hearing.

16  A person holding a license under this Act or who has

17 applied for a license under this Act who, because of a physical

18 or mental illness or disability, including, but not limited

19 to, deterioration through the aging process or loss of motor

20 skill, is unable to practice the profession with reasonable

21 judgment, skill, or safety, may be required by the Department

22 to submit to care, counseling, or treatment by physicians

23 approved or designated by the Department as a condition, term,

24 or restriction for continued, reinstated, or renewed licensure

25 to practice. Submission to care, counseling, or treatment as

26 required by the Department shall not be considered discipline
    HB3711 Enrolled  - 153 - LRB104 09787 AAS 19853 b

1 of a license. If the licensee refuses to enter into a care,

2 counseling, or treatment agreement or fails to abide by the

3 terms of the agreement, the Department may file a complaint to

4 revoke, suspend, or otherwise discipline the license of the

5 individual. The Secretary may order the license suspended

6 immediately, pending a hearing by the Department. Fines shall

7 not be assessed in disciplinary actions involving physical or

8 mental illness or impairment.

9   In instances in which the Secretary immediately suspends a

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

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

12 days after the suspension and completed without appreciable

13 delay. The Department and the Board shall have the authority

14 to review the subject individual's record of treatment and

15 counseling regarding the impairment to the extent permitted by

16 applicable federal statutes and regulations safeguarding the

17 confidentiality of medical records.

18  An individual licensed under this Act and affected under

19 this Section shall be afforded an opportunity to demonstrate

20 to the Department that he or she can resume practice in

21 compliance with acceptable and prevailing standards under the

22 provisions of his or her license.

23 (Source: P.A. 102-880, eff. 1-1-23.)

24  Section 75. The Licensed Certified Professional Midwife

25 Practice Act is amended by changing Section 100 as follows:
    HB3711 Enrolled      - 154 - LRB104 09787 AAS 19853 b

1   (225 ILCS 64/100)

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

3   Sec. 100. Grounds for disciplinary action.

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

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

6 disciplinary or non-disciplinary action with regard to any

7 license issued under this Act as the Department may deem

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

9 for each violation, for any one or combination of the

10 following causes:

11  (1) Material misstatement in furnishing information to

12  the Department.

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

14  this Act.

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

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

17  sentencing, including, but not limited to, convictions,

18  preceding sentences of supervision, conditional discharge,

19  or first offender probation, under the laws of any

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

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

22  dishonesty, or that is directly related to the practice of

23  the profession.

24  (4) Making any misrepresentation for the purpose of

25  obtaining licenses.
    HB3711 Enrolled  - 155 - LRB104 09787 AAS 19853 b

1   (5) Professional incompetence.

2   (6) Aiding or assisting another person in violating

3   any provision of this Act or its rules.

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

5   response to a written request made by the Department.

6   (8) Engaging in dishonorable, unethical, or

7   unprofessional conduct, as defined by rule, of a character

8   likely to deceive, defraud, or harm the public.

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

10  narcotics, stimulants, or any other chemical agent or drug

11  that results in a midwife's inability to practice with

12  reasonable judgment, skill, or safety.

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

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

15  discipline is the same or substantially equivalent to

16  those set forth in this Section.

17  (11) Directly or indirectly giving to or receiving

18  from any person, firm, corporation, partnership, or

19  association any fee, commission, rebate, or other form of

20  compensation for any professional services not actually or

21  personally rendered. Nothing in this paragraph affects any

22  bona fide independent contractor or employment

23  arrangements, including provisions for compensation,

24  health insurance, pension, or other employment benefits,

25  with persons or entities authorized under this Act for the

26  provision of services within the scope of the licensee's
    HB3711 Enrolled       - 156 - LRB104 09787 AAS 19853 b

1   practice under this Act.

2   (12) A finding by the Department that the licensee,

3   after having his or her license placed on probationary

4   status, has violated the terms of probation.

5   (13) Abandonment of a patient.

6   (14) Willfully making or filing false records or

7   reports in his or her practice, including, but not limited

8   to, false records filed with State agencies or

9   departments.

10  (15) Willfully failing to report an instance of

11  suspected child abuse or neglect as required by the Abused

12  and Neglected Child Reporting Act.

13  (16) Physical illness, or mental illness or impairment

14  that results in the inability to practice the profession

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

16  not limited to, deterioration through the aging process or

17  loss of motor skill.

18  (17) Being named as a perpetrator in an indicated

19  report by the Department of Children and Family Services

20  under the Abused and Neglected Child Reporting Act and

21  upon the indicated report becoming final after a hearing

22  or opportunity for a hearing., and upon proof by clear and

23  convincing evidence that the licensee has caused a child

24  to be an abused child or neglected child as defined in the

25  Abused and Neglected Child Reporting Act.

26  (18) Gross negligence resulting in permanent injury or
    HB3711 Enrolled       - 157 - LRB104 09787 AAS 19853 b

1   death of a patient.

2   (19) Employment of fraud, deception, or any unlawful

3   means in applying for or securing a license as a licensed

4   certified professional midwife.

5   (21) Immoral conduct in the commission of any act,

6   including sexual abuse, sexual misconduct, or sexual

7   exploitation related to the licensee's practice.

8   (22) Violation of the Health Care Worker Self-Referral

9   Act.

10  (23) Practicing under a false or assumed name, except

11  as provided by law.

12  (24) Making a false or misleading statement regarding

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

14  treatment, or remedy prescribed by him or her in the

15  course of treatment.

16  (25) Allowing another person to use his or her license

17  to practice.

18  (26)             Prescribing,  selling,  administering,

19  distributing, giving, or self-administering a drug

20  classified as a controlled substance for purposes other

21  than medically accepted therapeutic purposes.

22  (27) Promotion of the sale of drugs, devices,

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

24  exploit the patient for financial gain.

25  (28) A pattern of practice or other behavior that

26  demonstrates incapacity or incompetence to practice under
    HB3711 Enrolled    - 158 - LRB104 09787 AAS 19853 b

1   this Act.

2   (29) Violating State or federal laws, rules, or

3   regulations relating to controlled substances or other

4   legend drugs or ephedra as defined in the Ephedra

5   Prohibition Act.

6   (30) Failure to establish and maintain records of

7   patient care and treatment as required by law.

8   (31) Attempting to subvert or cheat on the examination

9   of the North American Registry of Midwives or its

10  successor agency.

11  (32) Willfully or negligently violating the

12  confidentiality between licensed certified professional

13  midwives and patient, except as required by law.

14  (33) Willfully failing to report an instance of

15  suspected abuse, neglect, financial exploitation, or

16  self-neglect of an eligible adult as defined in and

17  required by the Adult Protective Services Act.

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

19  the Department on Aging under the Adult Protective

20  Services Act and upon proof by clear and convincing

21  evidence that the licensee abused, neglected, or

22  financially exploited an eligible adult as defined in the

23  Adult Protective Services Act.

24  (35) Failure to report to the Department an adverse

25  final action taken against him or her by another licensing

26  jurisdiction of the United States or a foreign state or
    HB3711 Enrolled  - 159 - LRB104 09787 AAS 19853 b

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

2   professional society or association, a governmental

3   agency, a law enforcement agency, or a court.

4   (36) Failure to provide copies of records of patient

5   care or treatment, except as required by law.

6   (37) Failure of a licensee to report to the Department

7   surrender by the licensee of a license or authorization to

8   practice in another state or jurisdiction or current

9   surrender by the licensee of membership professional

10  association or society while under disciplinary

11  investigation by any of those authorities or bodies for

12  acts or conduct similar to acts or conduct that would

13  constitute grounds for action under this Section.

14  (38) Failing, within 90 days, to provide a response to

15  a request for information in response to a written request

16  made by the Department by certified or registered mail or

17  by email to the email address of record.

18  (39) Failure to supervise a midwife assistant or

19  student midwife, including, but not limited to, allowing a

20  midwife assistant or student midwife to exceed their

21  scope.

22  (40) Failure to adequately inform a patient about

23  their malpractice liability insurance coverage and the

24  policy limits of the coverage.

25  (41) Failure to submit an annual report to the

26  Department of Public Health.
    HB3711 Enrolled  - 160 - LRB104 09787 AAS 19853 b

1   (42) Failure to disclose active cardiopulmonary

2   resuscitation certification or neonatal resuscitation

3   provider status to clients.

4   (43) Engaging in one of the prohibited practices

5   provided for in Section 85 of this Act.

6   (44) Failure to report actual or alleged reportable

7   conduct in accordance with Section 2105-390 of the

8   Department of Professional Regulation Law of the Civil

9   Administrative Code of Illinois.

10  (45) Except in the context of emergency care, surgical

11  care, or care that requires more than one health care

12  professional, conducting a physical examination of the

13  breast or genitalia under one of the following conditions:

14  (i) conducting the examination alone with the patient

15  without first informing the patient that the patient may

16  request the presence of a third person during the

17  examination; or (ii) conducting the examination alone with

18  the patient if the patient has requested, and not

19  withdrawn the request, to have a third person present. If

20  the patient does not bring a third person, and if no

21  licensee-provided third person is available, the licensee

22  may inform the patient that the licensee cannot honor the

23  patient's request and invite the patient to either return

24  with a patient-provided third person or voluntarily elect

25  to withdraw the request and proceed with the examination.

26  For a patient whose care decisions are made by a parent or
    HB3711 Enrolled             - 161 - LRB104 09787 AAS 19853 b

1   guardian, the licensee's obligation is to inform and honor

2   requests from the parent or guardian. Notwithstanding any

3   provision of this paragraph (45) to the contrary, except

4   in the context of emergency care, surgical care, or care

5   that requires more than one health care professional,

6   licensees may, in their sole discretion, refuse to conduct

7   an examination of the breast or genitalia without a third

8   person present.

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

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

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

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

13 penalty, or interest as required by any tax Act administered

14 by the Department of Revenue, until the requirements of any

15 such tax Act are satisfied.

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

17 is subject to involuntary admission or judicial admission as

18 provided in the Mental Health and Developmental Disabilities

19 Code operates as an automatic suspension. The suspension will

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

21 longer subject to involuntary admission or judicial admission

22 and issues an order so finding and discharging the patient,

23 and upon the recommendation of the Board to the Secretary that

24 the licensee be allowed to resume his or her practice.

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

26 showing of a possible violation, may compel an individual
    HB3711 Enrolled  - 162 - LRB104 09787 AAS 19853 b

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

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

3 examination, or both, including a substance abuse or sexual

4 offender evaluation, as required by and at the expense of the

5 Department.

6   The Department shall specifically designate the examining

7 physician licensed to practice medicine in all of its branches

8 or, if applicable, the multidisciplinary team involved in

9 providing the mental or physical examination or both. The

10 multidisciplinary team shall be led by a physician licensed to

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

12 or more or a combination of physicians licensed to practice

13 medicine in all of its branches, licensed clinical

14 psychologists, licensed clinical social workers, licensed

15 clinical professional counselors, and other professional and

16 administrative staff. Any examining physician or member of the

17 multidisciplinary team may require any person ordered to

18 submit to an examination pursuant to this Section to submit to

19 any additional supplemental testing deemed necessary to

20 complete any examination or evaluation process, including, but

21 not limited to, blood testing, urinalysis, psychological

22 testing, or neuropsychological testing.

23  The Department may order the examining physician or any

24 member of the multidisciplinary team to provide to the

25 Department any and all records, including business records,

26 that relate to the examination and evaluation, including any
    HB3711 Enrolled             - 163 - LRB104 09787 AAS 19853 b

1 supplemental testing performed.

2   The Department may order the examining physician or any

3 member of the multidisciplinary team to present testimony

4 concerning the mental or physical examination of the licensee

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

6 documents in any way related to the examination shall be

7 excluded by reason of any common law or statutory privilege

8 relating to communications between the licensee or applicant

9 and the examining physician or any member of the

10 multidisciplinary team. No authorization is necessary from the

11 licensee or applicant ordered to undergo an examination for

12 the examining physician or any member of the multidisciplinary

13 team to provide information, reports, records, or other

14 documents or to provide any testimony regarding the

15 examination and evaluation.

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

17 expense, another physician of his or her choice present during

18 all aspects of this examination. However, that physician shall

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

20 with the examination.

21  Failure of an individual to submit to a mental or physical

22 examination, when ordered, shall result in an automatic

23 suspension of his or her license until the individual submits

24 to the examination.

25  If the Department finds an individual unable to practice

26 because of the reasons set forth in this Section, the
    HB3711 Enrolled            - 164 - LRB104 09787 AAS 19853 b

1 Department may require that individual to submit to care,

2 counseling, or treatment by physicians approved or designated

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

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

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

6 file a complaint to immediately suspend, revoke, or otherwise

7 discipline the license of the individual. An individual whose

8 license was granted, continued, reinstated, renewed,

9 disciplined, or supervised subject to such terms, conditions,

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

11 conditions, or restrictions, shall be referred to the

12 Secretary for a determination as to whether the individual

13 shall have his or her license suspended immediately, pending a

14 hearing by the Department.

15  In instances in which the Secretary immediately suspends a

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

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

18 days after the suspension and completed without appreciable

19 delay. The Department shall have the authority to review the

20 subject individual's record of treatment and counseling

21 regarding the impairment to the extent permitted by applicable

22 federal statutes and regulations safeguarding the

23 confidentiality of medical records.

24  An individual licensed under this Act and affected under

25 this Section shall be afforded an opportunity to demonstrate

26 to the Department that he or she can resume practice in
    HB3711 Enrolled  - 165 - LRB104 09787 AAS 19853 b

1 compliance with acceptable and prevailing standards under the

2 provisions of his or her license.

3   (e) The Department shall not revoke, suspend, summarily

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

5 renew, or take any other disciplinary or non-disciplinary

6 action against a person's authorization to practice under this

7 Act based solely upon the person authorizing, recommending,

8 aiding, assisting, referring for, or otherwise participating

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

10 unlawful under the laws of this State, regardless of whether

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

12  (f) The Department shall not revoke, suspend, summarily

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

14 renew, or take any other disciplinary or non-disciplinary

15 action against a person's authorization to practice under this

16 Act based upon the person's license, registration, or permit

17 being revoked or suspended, or the person being otherwise

18 disciplined, by any other state if that revocation,

19 suspension, or other form of discipline was based solely on

20 the person violating another state's laws prohibiting the

21 provision of, authorization of, recommendation of, aiding or

22 assisting in, referring for, or participation in any health

23 care service if that health care service as provided would not

24 have been unlawful under the laws of this State and is

25 consistent with the applicable standard of conduct for the

26 person practicing in Illinois under this Act.
    HB3711 Enrolled  - 166 - LRB104 09787 AAS 19853 b

1 (Source: P.A. 103-605, eff. 7-1-24; 104-432, eff. 1-1-26.)

2   Section 80. The Nurse Practice Act is amended by changing

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

4   (225 ILCS 65/65-65) (was 225 ILCS 65/15-55)

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

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

7 and capacity.

8   (a) Entities Required to Report.

9   (1) Health Care Institutions. The chief administrator

10  or executive officer of a health care institution licensed

11  by the Department of Public Health, which provides the

12  minimum due process set forth in Section 10.4 of the

13  Hospital Licensing Act, shall report to the Board when an

14  advanced practice registered nurse's organized

15  professional staff clinical privileges are terminated or

16  are restricted based on a final determination, in

17  accordance with that institution's bylaws or rules and

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

19  or acts that may directly threaten patient care and that

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

21  may have a mental or physical disability that may endanger

22  patients under that person's care. The chief administrator

23  or officer shall also report if an advanced practice

24  registered nurse accepts voluntary termination or
    HB3711 Enrolled  - 167 - LRB104 09787 AAS 19853 b

1   restriction of clinical privileges in lieu of formal

2   action based upon conduct related directly to patient care

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

4   action seeking to determine whether a person may have a

5   mental or physical disability that may endanger patients

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

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

8   person licensed under this Article, who is impaired by

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

10  mental impairment, is under supervision and, where

11  appropriate, is in a program of rehabilitation. Reports

12  submitted under this subsection shall be strictly

13  confidential and may be reviewed and considered only by

14  the members of the Board or authorized staff as provided

15  by rule of the Department. Provisions shall be made for

16  the periodic report of the status of any such reported

17  person not less than twice annually in order that the

18  Board shall have current information upon which to

19  determine the status of that person. Initial and periodic

20  reports of impaired advanced practice registered nurses

21  shall not be considered records within the meaning of the

22  State Records Act and shall be disposed of, following a

23  determination by the Board that such reports are no longer

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

25  Board shall determine by rule. The filing of reports

26  submitted under this subsection shall be construed as the
    HB3711 Enrolled  - 168 - LRB104 09787 AAS 19853 b

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

2   Section. Such health care institution shall not take any

3   adverse action, including, but not limited to, restricting

4   or terminating any person's clinical privileges, as a

5   result of an adverse action against a person's license,

6   registration, permit, or clinical privileges or other

7   disciplinary action by another state or health care

8   institution that resulted from the person's provision of,

9   authorization of, recommendation of, aiding or assistance

10  with, referral for, or participation in any health care

11  service if the adverse action was based solely on a

12  violation of the other state's law prohibiting the

13  provision of such health care and related services in the

14  state or for a resident of the state if that health care

15  service would not have been unlawful under the laws of

16  this State and is consistent with the applicable standard

17  of conduct for a person practicing in Illinois under this

18  Act.

19  (2) Professional Associations. The President or chief

20  executive officer of an association or society of persons

21  licensed under this Article, operating within this State,

22  shall report to the Board when the association or society

23  renders a final determination that a person licensed under

24  this Article has committed unprofessional conduct related

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

26  or physical disability that may endanger patients under
    HB3711 Enrolled     - 169 - LRB104 09787 AAS 19853 b

1   the person's care.

2   (3) Professional Liability Insurers. Every insurance

3   company that offers policies of professional liability

4   insurance to persons licensed under this Article, or any

5   other entity that seeks to indemnify the professional

6   liability of a person licensed under this Article, shall

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

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

9   that alleged negligence in the furnishing of patient care

10  by the licensee when the settlement or final judgment is

11  in favor of the plaintiff. Such insurance company shall

12  not take any adverse action, including, but not limited

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

14  against a person licensed under this Act with respect to

15  coverage for services provided in Illinois if based solely

16  on the person providing, authorizing, recommending,

17  aiding, assisting, referring for, or otherwise

18  participating in health care services this State in

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

20  adverse action against the person's license in another

21  state for violation of such law if that health care

22  service as provided would have been lawful and consistent

23  with the standards of conduct for registered nurses and

24  advanced practice registered nurses if it occurred in

25  Illinois. Notwithstanding this provision, it is against

26  public policy to require coverage for an illegal action.
    HB3711 Enrolled  - 170 - LRB104 09787 AAS 19853 b

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

2   county shall report to the Board all instances in which a

3   person licensed under this Article is convicted or

4   otherwise found guilty of the commission of a felony.

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

6   departments, or other instrumentalities of the government

7   of this State shall report to the Board any instance

8   arising in connection with the operations of the agency,

9   including the administration of any law by the agency, in

10  which a person licensed under this Article has either

11  committed an act or acts that may constitute a violation

12  of this Article, that may constitute unprofessional

13  conduct related directly to patient care, or that

14  indicates that a person licensed under this Article may

15  have a mental or physical disability that may endanger

16  patients under that person's care.

17  (b) Mandatory Reporting. All reports required under items

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

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

20 be filed in writing within 30 60 days after a determination

21 that a report is required under this Article. All reports

22 shall contain the following information:

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

24  person making the report.

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

26  person who is the subject of the report.
    HB3711 Enrolled          - 171 - LRB104 09787 AAS 19853 b

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

2   patient or patients whose treatment is a subject of the

3   report, except that no medical records may be revealed

4   without the written consent of the patient or patients.

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

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

7   the dates of any occurrences deemed to necessitate the

8   filing of the report.

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

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

11  date of filing of the action.

12  (6) Any further pertinent information that the

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

14  report.

15  Nothing contained in this Section shall be construed to in

16 any way waive or modify the confidentiality of medical reports

17 and committee reports to the extent provided by law. Any

18 information reported or disclosed shall be kept for the

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

20 investigative staff, and authorized clerical staff and shall

21 be afforded the same status as is provided information

22 concerning medical studies in Part 21 of Article VIII of the

23 Code of Civil Procedure.

24  (c) Immunity from Prosecution. An individual or

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

26 wanton manner, in complying with this Section by providing a
   HB3711 Enrolled  - 172 - LRB104 09787 AAS 19853 b

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

2 investigation or preparation of a report or information, by

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

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

5 subject to criminal prosecution or civil damages.

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

7 attorneys, the investigative staff, advanced practice

8 registered nurses or physicians retained under contract to

9 assist and advise in the investigation, and authorized

10 clerical staff shall be indemnified by the State for any

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

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

13 wanton in nature. The Attorney General shall defend all

14 actions taken against those persons unless he or she

15 determines either that there would be a conflict of interest

16 in the representation or that the actions complained of were

17 not performed in good faith or were willful and wanton in

18 nature. If the Attorney General declines representation, the

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

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

21 approval by the Attorney General, unless there is a

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

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

24 The member shall notify the Attorney General within 7 days of

25 receipt of notice of the initiation of an action involving

26 services of the Board. Failure to so notify the Attorney
   HB3711 Enrolled  - 173 - LRB104 09787 AAS 19853 b

1 General shall constitute an absolute waiver of the right to a

2 defense and indemnification. The Attorney General shall

3 determine within 7 days after receiving the notice whether he

4 or she will undertake to represent the member.

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

6 called for by this Section, other than those reports of

7 impaired persons licensed under this Article required pursuant

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

9 certified or registered mail or by email to the email address

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

11 notification shall be made within 30 days of receipt by the

12 Board of the report. The notification shall include a written

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

14 Included in the notification shall be the address at which the

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

16 and the telephone number at which the custodian may be

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

18 submit a written statement responding to, clarifying, adding

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

20 statement shall become a permanent part of the file and shall

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

22 which the person was notified of the existence of the original

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

24 any supporting information and responding statements submitted

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

26 Board shall be in a timely manner but in no event shall the
    HB3711 Enrolled  - 174 - LRB104 09787 AAS 19853 b

1 Board's initial review of the material contained in each

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

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

4 Board makes its initial review of the materials contained

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

6 make a determination as to whether there are sufficient facts

7 to warrant further investigation or action. Failure to make

8 that determination within the time provided shall be deemed to

9 be a determination that there are not sufficient facts to

10 warrant further investigation or action. Should the Board find

11 that there are not sufficient facts to warrant further

12 investigation or action, the report shall be accepted for

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

14 The individual or entity filing the original report or

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

16 complaint shall be notified in writing by the Board of any

17 final action on their report or complaint.

18  (f) (Blank).

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

20 A misdemeanor.

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

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

23 of Illinois, through the Attorney General of the State of

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

25 enforcing compliance with this Section. Upon filing of a

26 petition in court, the court may issue a temporary restraining
    HB3711 Enrolled  - 175 - LRB104 09787 AAS 19853 b

1 order without notice or bond and may preliminarily or

2 permanently enjoin the violation, and if it is established

3 that the person has violated or is violating the injunction,

4 the court may punish the offender for contempt of court.

5 Proceedings under this subsection shall be in addition to, and

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

7 by this Section.

8   (i) The Department may adopt rules to implement,

9 administer, and enforce this Section.

10 (Source: P.A. 104-432, eff. 1-1-26.)

11  (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)

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

13  Sec. 70-5. Grounds for disciplinary action.

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

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

16 disciplinary or non-disciplinary action as the Department may

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

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

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

20 collected under this Section shall be deposited in the Nursing

21 Dedicated and Professional Fund.

22  (b) Grounds for disciplinary action include the following:

23  (1) Material deception in furnishing information to

24  the Department.

25  (2) Material violations of any provision of this Act
    HB3711 Enrolled  - 176 - LRB104 09787 AAS 19853 b

1   or violation of the rules of or final administrative

2   action of the Secretary, after consideration of the

3   recommendation of the Board.

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

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

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

7   convictions, preceding sentences of supervision,

8   conditional discharge, or first offender probation, under

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

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

11  essential element of which is dishonesty, or that is

12  directly related to the practice of the profession.

13  (4) A pattern of practice or other behavior which

14  demonstrates incapacity or incompetency to practice under

15  this Act.

16  (5) Knowingly aiding or assisting another person in

17  violating any provision of this Act or rules.

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

19  a request for information in response to a written request

20  made by the Department by certified or registered mail or

21  by email to the email address of record.

22  (7) Engaging in dishonorable, unethical, or

23  unprofessional conduct of a character likely to deceive,

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

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

26  manufacturing of any drug, narcotic, or prescription
    HB3711 Enrolled   - 177 - LRB104 09787 AAS 19853 b

1   device.

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

3   narcotics, stimulants, or any other chemical agent or drug

4   that could result in a licensee's inability to practice

5   with reasonable judgment, skill, or safety.

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

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

8   discipline is the same or substantially equivalent to

9   those set forth in this Section.

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

11  his license placed on probationary status or subject to

12  conditions or restrictions, has violated the terms of

13  probation or failed to comply with such terms or

14  conditions.

15  (12) Being named as a perpetrator in an indicated

16  report by the Department of Children and Family Services

17  and under the Abused and Neglected Child Reporting Act and

18  upon the indicated report becoming final after a hearing

19  or opportunity for a hearing., and upon proof by clear and

20  convincing evidence that the licensee has caused a child

21  to be an abused child or neglected child as defined in the

22  Abused and Neglected Child Reporting Act.

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

24  impeding the filing or recording or inducing another

25  person to omit to file or record medical reports as

26  required by law.
    HB3711 Enrolled  - 178 - LRB104 09787 AAS 19853 b

1   (13.5) Willfully failing to report an instance of

2   suspected child abuse or neglect as required by the Abused

3   and Neglected Child Reporting Act.

4   (14) Gross negligence in the practice of practical,

5   professional, or advanced practice registered nursing.

6   (15) Holding oneself out to be practicing nursing

7   under any name other than one's own.

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

9   any adverse final action taken against him or her by

10  another licensing jurisdiction of the United States or any

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

12  care institution, any professional or nursing society or

13  association, any governmental agency, any law enforcement

14  agency, or any court or a nursing liability claim related

15  to acts or conduct similar to acts or conduct that would

16  constitute grounds for action as defined in this Section.

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

18  surrender by the licensee of a license or authorization to

19  practice nursing or advanced practice registered nursing

20  in another state or jurisdiction or current surrender by

21  the licensee of membership on any nursing staff or in any

22  nursing or advanced practice registered nursing or

23  professional association or society while under

24  disciplinary investigation by any of those authorities or

25  bodies for acts or conduct similar to acts or conduct that

26  would constitute grounds for action as defined by this
    HB3711 Enrolled       - 179 - LRB104 09787 AAS 19853 b

1   Section.

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

3   in response to a written request made by the Department.

4   (19) Failure to establish and maintain records of

5   patient care and treatment as required by law.

6   (20) Fraud, deceit, or misrepresentation in applying

7   for or procuring a license under this Act or in connection

8   with applying for renewal of a license under this Act.

9   (21) Allowing another person or organization to use

10  the licensee's license to deceive the public.

11  (22) Willfully making or filing false records or

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

13  limited to, false records to support claims against the

14  medical assistance program of the Department of Healthcare

15  and Family Services (formerly Department of Public Aid)

16  under the Illinois Public Aid Code.

17  (23) Attempting to subvert or cheat on a licensing

18  examination administered under this Act.

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

20  including, but not limited to, sexual abuse, sexual

21  misconduct, or sexual exploitation, related to the

22  licensee's practice.

23  (25) Willfully or negligently violating the

24  confidentiality between nurse and patient except as

25  required by law.

26  (26) Practicing under a false or assumed name, except
    HB3711 Enrolled      - 180 - LRB104 09787 AAS 19853 b

1   as provided by law.

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

3   statement in any document connected with the licensee's

4   practice.

5   (28) Directly or indirectly giving to or receiving

6   from a person, firm, corporation, partnership, or

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

8   compensation for professional services not actually or

9   personally rendered. Nothing in this paragraph (28)

10  affects any bona fide independent contractor or employment

11  arrangements among health care professionals, health

12  facilities, health care providers, or other entities,

13  except as otherwise prohibited by law. Any employment

14  arrangements may include provisions for compensation,

15  health insurance, pension, or other employment benefits

16  for the provision of services within the scope of the

17  licensee's practice under this Act. Nothing in this

18  paragraph (28) shall be construed to require an employment

19  arrangement to receive professional fees for services

20  rendered.

21  (29) A violation of the Health Care Worker

22  Self-Referral Act.

23  (30) Physical illness, mental illness, or disability

24  that results in the inability to practice the profession

25  with reasonable judgment, skill, or safety.

26  (31) Exceeding the terms of a collaborative agreement
    HB3711 Enrolled  - 181 - LRB104 09787 AAS 19853 b

1   or the prescriptive authority delegated to a licensee by

2   his or her collaborating physician or podiatric physician

3   in guidelines established under a written collaborative

4   agreement.

5   (32) Making a false or misleading statement regarding

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

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

8   the course of treatment.

9   (33)             Prescribing,  selling,  administering,

10  distributing, giving, or self-administering a drug

11  classified as a controlled substance (designated product)

12  or narcotic for other than medically accepted therapeutic

13  purposes.

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

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

16  exploit the patient for financial gain.

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

18  regulations relating to controlled substances.

19  (36) Willfully or negligently violating the

20  confidentiality between an advanced practice registered

21  nurse, collaborating physician, dentist, or podiatric

22  physician and a patient, except as required by law.

23  (37) Willfully failing to report an instance of

24  suspected abuse, neglect, financial exploitation, or

25  self-neglect of an eligible adult as defined in and

26  required by the Adult Protective Services Act.
    HB3711 Enrolled        - 182 - LRB104 09787 AAS 19853 b

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

2   the Department on Aging and under the Adult Protective

3   Services Act, and upon proof by clear and convincing

4   evidence that the licensee abused, neglected, or

5   financially exploited an eligible adult as defined in the

6   Adult Protective Services Act.

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

8   rules adopted under this Act.

9   (40) Violating the Compassionate Use of Medical

10  Cannabis Program Act.

11  (41) Failure to report actual or alleged reportable

12  conduct in accordance with Section 2105-390 of the

13  Department of Professional Regulation Law of the Civil

14  Administrative Code of Illinois.

15  (42) Except in the context of emergency care, surgical

16  care, or care that requires more than one health care

17  professional, conducting a physical examination of the

18  breast or genitalia under one of the following conditions:

19  (i) conducting the examination alone with the patient

20  without first informing the patient that the patient may

21  request the presence of a third person during the

22  examination; or (ii) conducting the examination alone with

23  the patient if the patient has requested, and not

24  withdrawn the request, to have a third person present. If

25  the patient does not bring a third person, and if no

26  licensee-provided third person is available, the licensee
    HB3711 Enrolled  - 183 - LRB104 09787 AAS 19853 b

1   may inform the patient that the licensee cannot honor the

2   patient's request and invite the patient to either return

3   with a patient-provided third person or voluntarily elect

4   to withdraw the request and proceed with the examination.

5   For a patient whose care decisions are made by a parent or

6   guardian, the licensee's obligation is to inform and honor

7   requests from the parent or guardian. Notwithstanding any

8   provision of this paragraph (42) to the contrary, except

9   in the context of emergency care, surgical care, or care

10  that requires more than one health care professional,

11  licensees may, in their sole discretion, refuse to conduct

12  an examination of the breast or genitalia without a third

13  person present.

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

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

16 renew, or take any other disciplinary or non-disciplinary

17 action against a person's authorization to practice under this

18 Act based solely upon the person providing, authorizing,

19 recommending, aiding, assisting, referring for, or otherwise

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

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

22 whether the patient was a resident of this State or another

23 state.

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

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

26 renew, or take any other disciplinary or non-disciplinary
    HB3711 Enrolled  - 184 - LRB104 09787 AAS 19853 b

1 action against a person's authorization to practice under this

2 Act based upon the person's license, registration, or permit

3 being revoked or suspended, or the person being otherwise

4 disciplined, by any other state if that revocation,

5 suspension, or other form of discipline was based solely on

6 the person violating another state's laws prohibiting the

7 provision of, authorization of, recommendation of, aiding or

8 assisting in, referring for, or participation in any health

9 care service if that health care service as provided would not

10 have been unlawful under the laws of this State and is

11 consistent with the applicable standard of conduct for the

12 person practicing in Illinois under this Act.

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

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

15 65-65 or constitute grounds for suspension under Section

16 70-60.

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

18 authorization under this Act who has been subject to

19 disciplinary action by a duly authorized professional

20 disciplinary agency of another jurisdiction solely on the

21 basis of having provided, authorized, recommended, aided,

22 assisted, referred for, or otherwise participated in health

23 care shall not be denied such licensure, certification, or

24 authorization, unless the Department determines that such

25 action would have constituted professional misconduct in this

26 State; however, nothing in this Section shall be construed as
    HB3711 Enrolled      - 185 - LRB104 09787 AAS 19853 b

1 prohibiting the Department from evaluating the conduct of such

2 applicant and making a determination regarding the licensure,

3 certification, or authorization to practice a profession under

4 this Act.

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

6 is subject to involuntary admission or judicial admission as

7 provided in the Mental Health and Developmental Disabilities

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

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

10 patient is no longer subject to involuntary admission or

11 judicial admission and issues an order so finding and

12 discharging the patient; and upon the recommendation of the

13 Board to the Secretary that the licensee be allowed to resume

14 his or her practice.

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

16 otherwise discipline the license of any person who fails to

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

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

19 penalty, or interest as required by any tax Act administered

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

21 requirements of any such tax Act are satisfied.

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

23 of a possible violation, may compel an individual licensed to

24 practice under this Act or who has applied for licensure under

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

26 both, as required by and at the expense of the Department. The
    HB3711 Enrolled  - 186 - LRB104 09787 AAS 19853 b

1 Department may order the examining physician to present

2 testimony concerning the mental or physical examination of the

3 licensee or applicant. No information shall be excluded by

4 reason of any common law or statutory privilege relating to

5 communications between the licensee or applicant and the

6 examining physician. The examining physicians shall be

7 specifically designated by the Department. The individual to

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

9 physician of his or her choice present during all aspects of

10 this examination. Failure of an individual to submit to a

11 mental or physical examination, when directed, shall result in

12 an automatic suspension without hearing.

13  All substance-related violations shall mandate an

14 automatic substance abuse assessment. Failure to submit to an

15 assessment by a licensed physician who is certified as an

16 addictionist or an advanced practice registered nurse with

17 specialty certification in addictions may be grounds for an

18 automatic suspension, as defined by rule.

19  If the Department finds an individual unable to practice

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

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

22 submit to a substance abuse evaluation or treatment by

23 individuals or programs approved or designated by the

24 Department, as a condition, term, or restriction for

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

26 lieu of evaluation or treatment, the Department may file, or
    HB3711 Enrolled  - 187 - LRB104 09787 AAS 19853 b

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

2 to immediately suspend, revoke, or otherwise discipline the

3 license of the individual. An individual whose license was

4 granted, continued, restored, renewed, disciplined, or

5 supervised subject to such terms, conditions, or restrictions,

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

7 restrictions, shall be referred to the Secretary for a

8 determination as to whether the individual shall have his or

9 her license suspended immediately, pending a hearing by the

10 Department.

11  In instances in which the Secretary immediately suspends a

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

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

14 days after the suspension and completed without appreciable

15 delay. The Department and Board shall have the authority to

16 review the subject individual's record of treatment and

17 counseling regarding the impairment to the extent permitted by

18 applicable federal statutes and regulations safeguarding the

19 confidentiality of medical records.

20  An individual licensed under this Act and affected under

21 this subsection (e) shall be afforded an opportunity to

22 demonstrate to the Department that he or she can resume

23 practice in compliance with nursing standards under the

24 provisions of his or her license.

25  (f) The Department may adopt rules to implement,

26 administer, and enforce this Section.
    HB3711 Enrolled  - 188 - LRB104 09787 AAS 19853 b

1 (Source: P.A. 104-432, eff. 1-1-26.)

2   Section 85. The Nursing Home Administrators Licensing and

3 Disciplinary Act is amended by changing Section 17 as follows:

4   (225 ILCS 70/17) (from Ch. 111, par. 3667)

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

6   Sec. 17. Grounds for disciplinary action.

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

8 license, or may revoke, suspend, place on probation,

9 reprimand, or take other disciplinary or non-disciplinary

10 action as the Department deems proper, including fines not to

11 exceed $10,000 for each violation, with regard to any license

12 issued under the provisions of this Act, for any one or

13 combination of the following causes:

14  (1) Intentional material misstatement in furnishing

15  information to the Department or any other State agency or

16  in furnishing information to an insurance company with

17  respect to a claim on behalf of a licensee or patient.

18  (2) Conviction of or entry of a plea of guilty or nolo

19  contendere, finding of guilt, jury verdict, or entry of

20  judgment or sentencing, including, but not limited to,

21  convictions, preceding sentences of supervision,

22  conditional discharge, or first offender probation, under

23  the laws of any jurisdiction of the United States that is

24  (i) a felony or (ii) a misdemeanor, an essential element
    HB3711 Enrolled       - 189 - LRB104 09787 AAS 19853 b

1   of which is dishonesty or that is directly related to the

2   practice of the profession of nursing home administration.

3   (3) Fraud or misrepresentation in applying for or

4   procuring a license under this Act or in connection with

5   applying for renewal or restoration of a license under

6   this Act.

7   (4) Immoral conduct in the commission of any act, such

8   as sexual abuse or sexual misconduct, related to the

9   licensee's practice.

10  (5) Failing to respond within 60 days, to a written

11  request made by the Department for information.

12  (6) Engaging in dishonorable, unethical, or

13  unprofessional conduct of a character likely to deceive,

14  defraud, or harm the public.

15  (7) Habitual or excessive use or abuse of drugs

16  defined in law as controlled substances, of alcohol,

17  narcotics, stimulants, or any other substances that

18  results in the inability to practice with reasonable

19  judgment, skill, or safety.

20  (8) Adverse action taken by another U.S. jurisdiction

21  if at least one of the grounds for the discipline is the

22  same or substantially equivalent to those set forth

23  herein.

24  (9) A finding by the Department that the licensee,

25  after having his or her license placed on probationary

26  status, has violated the terms of probation or failed to
    HB3711 Enrolled     - 190 - LRB104 09787 AAS 19853 b

1   comply with those terms.

2   (10) Willfully making or filing false records or

3   reports related to the licensee's practice, including, but

4   not limited to, false records filed with federal or State

5   agencies or departments.

6   (11) Physical illness, mental illness, or other

7   impairment or disability, including, but not limited to,

8   deterioration through the aging process, or loss of motor

9   skill that results in the inability to practice the

10  profession with reasonable judgment, skill or safety.

11  (12) Disregard or violation of this Act or of any rule

12  issued pursuant to this Act.

13  (13) Aiding or abetting another in the violation of

14  this Act or any rule adopted pursuant to this Act.

15  (14) Allowing one's license to be used by an

16  unlicensed person.

17  (15) (Blank).

18  (16) Professional incompetence in the practice of

19  nursing home administration.

20  (17) Conviction of a violation of Section 12-19 or

21  subsection (a) of Section 12-4.4a of the Criminal Code of

22  1961 or the Criminal Code of 2012 for the abuse and

23  criminal neglect of a long term care facility resident.

24  (18) Violation of the Nursing Home Care Act, the

25  Specialized Mental Health Rehabilitation Act of 2013, the

26  ID/DD Community Care Act, or the MC/DD Act or of any rule
    HB3711 Enrolled  - 191 - LRB104 09787 AAS 19853 b

1   issued under the Nursing Home Care Act, the Specialized

2   Mental Health Rehabilitation Act of 2013, the ID/DD

3   Community Care Act, or the MC/DD Act. A final adjudication

4   of a Type "AA" violation of the Nursing Home Care Act made

5   by the Illinois Department of Public Health, as identified

6   by rule, relating to the hiring, training, planning,

7   organizing, directing, or supervising the operation of a

8   nursing home and a licensee's failure to comply with this

9   Act or the rules adopted under this Act, shall create a

10  rebuttable presumption of a violation of this subsection.

11  (19) Failure to report to the Department any adverse

12  final action taken against the licensee by a licensing

13  authority of another state, territory of the United

14  States, or foreign country; or by any governmental or law

15  enforcement agency; or by any court for acts or conduct

16  similar to acts or conduct that would constitute grounds

17  for disciplinary action under this Section.

18  (20) Failure to report to the Department the surrender

19  of a license or authorization to practice as a nursing

20  home administrator in another state or jurisdiction for

21  acts or conduct similar to acts or conduct that would

22  constitute grounds for disciplinary action under this

23  Section.

24  (21) Failure to report to the Department any adverse

25  judgment, settlement, or award arising from a liability

26  claim related to acts or conduct similar to acts or
    HB3711 Enrolled  - 192 - LRB104 09787 AAS 19853 b

1   conduct that would constitute grounds for disciplinary

2   action under this Section.

3   (22) Failure to submit any required report under

4   Section 80-10 of the Nurse Practice Act.

5   (23) Willfully failing to report an instance of

6   suspected abuse, neglect, financial exploitation, or

7   self-neglect of an eligible adult as defined in and

8   required by the Adult Protective Services Act.

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

10  the Department on Aging under the Adult Protective

11  Services Act and upon proof by clear and convincing

12  evidence that the licensee abused, neglected, or

13  financially exploited an eligible adult as defined in the

14  Adult Protective Services Act.

15  (25) Failure to report actual or alleged reportable

16  conduct in accordance with Section 2105-390 of the

17  Department of Professional Regulation Law of the Civil

18  Administrative Code of Illinois.

19  All proceedings to suspend, revoke, place on probationary

20 status, or take any other disciplinary action as the

21 Department may deem proper, with regard to a license on any of

22 the foregoing grounds, must be commenced within 5 years next

23 after receipt by the Department of (i) a complaint alleging

24 the commission of or notice of the conviction order for any of

25 the acts described herein or (ii) a referral for investigation

26 under Section 3-108 of the Nursing Home Care Act.
    HB3711 Enrolled  - 193 - LRB104 09787 AAS 19853 b

1   The entry of an order or judgment by any circuit court

2 establishing that any person holding a license under this Act

3 is a person in need of mental treatment operates as a

4 suspension of that license. That person may resume their

5 practice only upon the entry of a Department order based upon a

6 finding by the Board that they have been determined to be

7 recovered from mental illness by the court and upon the

8 Board's recommendation that they be permitted to resume their

9 practice.

10  The Department, upon the recommendation of the Board, may

11 adopt rules which set forth standards to be used in

12 determining what constitutes:

13  (i) when a person will be deemed sufficiently

14  rehabilitated to warrant the public trust;

15  (ii) dishonorable, unethical or unprofessional conduct

16  of a character likely to deceive, defraud, or harm the

17  public;

18  (iii) immoral conduct in the commission of any act

19  related to the licensee's practice; and

20  (iv) professional incompetence in the practice of

21  nursing home administration.

22  However, no such rule shall be admissible into evidence in

23 any civil action except for review of a licensing or other

24 disciplinary action under this Act.

25  In enforcing this Section, the Department or Board, upon a

26 showing of a possible violation, may compel any individual
    HB3711 Enrolled  - 194 - LRB104 09787 AAS 19853 b

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

2 licensure pursuant to this Act, to submit to a mental or

3 physical examination, or both, as required by and at the

4 expense of the Department. The examining physician or

5 physicians shall be those specifically designated by the

6 Department or Board. The Department or Board may order the

7 examining physician to present testimony concerning this

8 mental or physical examination of the licensee or applicant.

9 No information shall be excluded by reason of any common law or

10 statutory privilege relating to communications between the

11 licensee or applicant and the examining physician. The

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

13 another physician of his or her choice present during all

14 aspects of the examination. Failure of any individual to

15 submit to mental or physical examination, when directed, shall

16 be grounds for suspension of his or her license until such time

17 as the individual submits to the examination if the Department

18 finds, after notice and hearing, that the refusal to submit to

19 the examination was without reasonable cause.

20  If the Department or Board finds an individual unable to

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

22 Department or Board shall require such individual to submit to

23 care, counseling, or treatment by physicians approved or

24 designated by the Department or Board, as a condition, term,

25 or restriction for continued, reinstated, or renewed licensure

26 to practice; or in lieu of care, counseling, or treatment, the
    HB3711 Enrolled  - 195 - LRB104 09787 AAS 19853 b

1 Department may file, or the Board may recommend to the

2 Department to file, a complaint to immediately suspend,

3 revoke, or otherwise discipline the license of the individual.

4 Any individual whose license was granted pursuant to this Act

5 or continued, reinstated, renewed, disciplined or supervised,

6 subject to such terms, conditions or restrictions who shall

7 fail to comply with such terms, conditions or restrictions

8 shall be referred to the Secretary for a determination as to

9 whether the licensee shall have his or her license suspended

10 immediately, pending a hearing by the Department. In instances

11 in which the Secretary immediately suspends a license under

12 this Section, a hearing upon such person's license must be

13 convened by the Board within 30 days after such suspension and

14 completed without appreciable delay. The Department and Board

15 shall have the authority to review the subject administrator's

16 record of treatment and counseling regarding the impairment,

17 to the extent permitted by applicable federal statutes and

18 regulations safeguarding the confidentiality of medical

19 records.

20  An individual licensed under this Act, affected under this

21 Section, shall be afforded an opportunity to demonstrate to

22 the Department or Board that he or she can resume practice in

23 compliance with acceptable and prevailing standards under the

24 provisions of his or her license.

25  (b) Any individual or organization acting in good faith,

26 and not in a willful and wanton manner, in complying with this
    HB3711 Enrolled     - 196 - LRB104 09787 AAS 19853 b

1 Act by providing any report or other information to the

2 Department, or assisting in the investigation or preparation

3 of such information, or by participating in proceedings of the

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

5 as a result of such actions, be subject to criminal

6 prosecution or civil damages.

7   (c) Members of the Board, and persons retained under

8 contract to assist and advise in an investigation, shall be

9 indemnified by the State for any actions occurring within the

10 scope of services on or for the Board, done in good faith and

11 not willful and wanton in nature. The Attorney General shall

12 defend all such actions unless he or she determines either

13 that there would be a conflict of interest in such

14 representation or that the actions complained of were not in

15 good faith or were willful and wanton.

16  Should the Attorney General decline representation, a

17 person entitled to indemnification under this Section shall

18 have the right to employ counsel of his or her choice, whose

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

20 Attorney General, unless there is a determination by a court

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

22 willful and wanton.

23  A person entitled to indemnification under this Section

24 must notify the Attorney General within 7 days of receipt of

25 notice of the initiation of any action involving services of

26 the Board. Failure to so notify the Attorney General shall
    HB3711 Enrolled      - 197 - LRB104 09787 AAS 19853 b

1 constitute an absolute waiver of the right to a defense and

2 indemnification.

3   The Attorney General shall determine within 7 days after

4 receiving such notice, whether he or she will undertake to

5 represent a person entitled to indemnification under this

6 Section.

7   (d) The determination by a circuit court that a licensee

8 is subject to involuntary admission or judicial admission as

9 provided in the Mental Health and Developmental Disabilities

10 Code, as amended, operates as an automatic suspension. Such

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

12 patient is no longer subject to involuntary admission or

13 judicial admission and issues an order so finding and

14 discharging the patient; and upon the recommendation of the

15 Board to the Secretary that the licensee be allowed to resume

16 his or her practice.

17  (e) The Department shall refuse to issue or suspend the

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

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

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

21 any tax Act administered by the Department of Revenue, until

22 such time as the requirements of any such tax Act are

23 satisfied.

24  (f) The Department of Public Health shall transmit to the

25 Department a list of those facilities which receive an "A"

26 violation as defined in Section 1-129 of the Nursing Home Care
    HB3711 Enrolled          - 198 - LRB104 09787 AAS 19853 b

1 Act.
2 (Source: P.A. 99-180, eff. 7-29-15; 100-675, eff. 8-3-18.)

3   Section 90. The Illinois Occupational Therapy Practice Act

4 is amended by changing Section 19 as follows:

5   (225 ILCS 75/19) (from Ch. 111, par. 3719)

6   (Section scheduled to be repealed on January 1, 2029)

7   Sec. 19. Grounds for discipline.

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

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

10 disciplinary or non-disciplinary action as the Department may

11 deem proper, including imposing fines not to exceed $10,000

12 for each violation and the assessment of costs as provided

13 under Section 19.3 of this Act, with regard to any license for

14 any one or combination of the following:

15  (1) Material misstatement in furnishing information to

16  the Department;

17  (2) Violations of this Act, or of the rules

18  promulgated thereunder;

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

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

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

22  convictions, preceding sentences of supervision,

23  conditional discharge, or first offender probation, under

24  the laws of any jurisdiction of the United States that is
    HB3711 Enrolled          - 199 - LRB104 09787 AAS 19853 b

1   (i) a felony or (ii) a misdemeanor, an essential element

2   of which is dishonesty, or that is directly related to the

3   practice of the profession;

4   (4) Fraud, misrepresentation, or concealment in

5   applying for or procuring a license under this Act, or in

6   connection with applying for renewal of a license under

7   this Act;

8   (5) Professional incompetence;

9   (6) Aiding or assisting another person, firm,

10  partnership or corporation in violating any provision of

11  this Act or rules;

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

13  response to a written request made by the Department;

14  (8) Engaging in dishonorable, unethical or

15  unprofessional conduct of a character likely to deceive,

16  defraud or harm the public;

17  (9) Habitual or excessive use or abuse of drugs

18  defined in law as controlled substances, alcohol, or any

19  other substance that results in the inability to practice

20  with reasonable judgment, skill, or safety;

21  (10) Discipline by another state, unit of government,

22  government agency, the District of Columbia, a territory,

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

24  discipline is the same or substantially equivalent to

25  those set forth herein;

26  (11) Directly or indirectly giving to or receiving
    HB3711 Enrolled  - 200 - LRB104 09787 AAS 19853 b

1   from any person, firm, corporation, partnership, or

2   association any fee, commission, rebate, or other form of

3   compensation for professional services not actually or

4   personally rendered. Nothing in this paragraph (11)

5   affects any bona fide independent contractor or employment

6   arrangements among health care professionals, health

7   facilities, health care providers, or other entities,

8   except as otherwise prohibited by law. Any employment

9   arrangements may include provisions for compensation,

10  health insurance, pension, or other employment benefits

11  for the provision of services within the scope of the

12  licensee's practice under this Act. Nothing in this

13  paragraph (11) shall be construed to require an employment

14  arrangement to receive professional fees for services

15  rendered;

16  (12) A finding by the Department that the license

17  holder, after having the license disciplined, has violated

18  the terms of the discipline;

19  (13) Willfully making or filing false records or

20  reports in the practice of occupational therapy,

21  including, but not limited to, false records filed with

22  the State agencies or departments;

23  (14) Physical illness, including, but not limited to,

24  deterioration through the aging process or loss of motor

25  skill which results in the inability to practice under

26  this Act with reasonable judgment, skill, or safety;
    HB3711 Enrolled         - 201 - LRB104 09787 AAS 19853 b

1   (15) Solicitation of professional services other than

2   by permitted advertising;

3   (16) Allowing one's license under this Act to be used

4   by an unlicensed person in violation of this Act;

5   (17) Practicing under a false or, except as provided

6   by law, assumed name;

7   (18) Professional incompetence or gross negligence;

8   (19) Malpractice;

9   (20) Promotion of the sale of drugs, devices,

10  appliances, or goods provided for a patient in any manner

11  to exploit the client for financial gain of the licensee;

12  (21) Gross, willful, or continued overcharging for

13  professional services;

14  (22) Mental illness or disability that results in the

15  inability to practice under this Act with reasonable

16  judgment, skill, or safety;

17  (23) Violating the Health Care Worker Self-Referral

18  Act;

19  (24) Failing to refer a patient or individual whose

20  medical condition should, at the time of evaluation or

21  treatment, be determined to be beyond the scope of

22  practice of the occupational therapist to an appropriate

23  health care professional;

24  (25) Cheating on or attempting to subvert the

25  licensing examination administered under this Act;

26  (26) Charging for professional services not rendered,
    HB3711 Enrolled        - 202 - LRB104 09787 AAS 19853 b

1   including filing false statements for the collection of

2   fees for which services are not rendered;

3   (27) Practicing beyond the scope of the practice of

4   occupational therapy;

5   (28) Providing substandard care as an occupational

6   therapist due to a deliberate or negligent act, negligent

7   supervision of an occupational therapy assistant, or

8   failure to act regardless of whether actual injury to the

9   recipient is established;

10  (29) Providing substandard care as an occupational

11  therapy assistant, including exceeding the authority to

12  perform components of intervention selected and delegated

13  by the supervising occupational therapist regardless of

14  whether actual injury to the recipient is established;

15  (30) Knowingly delegating responsibilities to an

16  individual who does not have the knowledge, skills, or

17  abilities to perform those responsibilities; and

18  (31) Engaging in sexual misconduct. For the purposes

19  of this paragraph, sexual misconduct includes:

20  (A) engaging in or soliciting a sexual

21  relationship, whether consensual or non-consensual,

22  while an occupational therapist or occupational

23  therapy assistant with the recipient of occupational

24  therapy services; and

25  (B) making sexual advances, requesting sexual

26  favors, or engaging in physical contact of a sexual
    HB3711 Enrolled  - 203 - LRB104 09787 AAS 19853 b

1   nature with the recipient of occupational therapy

2   services; and.

3   (32) Failure to report actual or alleged reportable

4   conduct in accordance with Section 2105-390 of the

5   Department of Professional Regulation Law of the Civil

6   Administrative Code of Illinois.

7   All fines imposed under this Section shall be paid within

8 60 days after the effective date of the order imposing the fine

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

10 the fine.

11  (b) The determination by a circuit court that a license

12 holder is subject to involuntary admission or judicial

13 admission as provided in the Mental Health and Developmental

14 Disabilities Code, as now or hereafter amended, operates as an

15 automatic suspension. Such suspension will end only upon a

16 finding by a court that the patient is no longer subject to

17 involuntary admission or judicial admission and an order by

18 the court so finding and discharging the patient. In any case

19 where a license is suspended under this provision, the

20 licensee shall file a petition for restoration and shall

21 include evidence acceptable to the Department that the

22 licensee can resume practice in compliance with acceptable and

23 prevailing standards of their profession.

24  (c) The Department may refuse to issue or may suspend

25 without hearing, as provided for in the Code of Civil

26 Procedure, the license of any person who fails to file a
   HB3711 Enrolled  - 204 - LRB104 09787 AAS 19853 b

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

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

3 interest as required by any tax Act administered by the

4 Illinois Department of Revenue, until such time as the

5 requirements of any such tax Act are satisfied in accordance

6 with subsection (a) of Section 2105-15 of the Department of

7 Professional Regulation Law of the Civil Administrative Code

8 of Illinois.

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

10 showing of a possible violation, may compel any individual who

11 is licensed under this Act or any individual who has applied

12 for licensure to submit to a mental or physical examination or

13 evaluation, or both, which may include a substance abuse or

14 sexual offender evaluation, at the expense of the Department.

15 The Department shall specifically designate the examining

16 physician licensed to practice medicine in all of its branches

17 or, if applicable, the multidisciplinary team involved in

18 providing the mental or physical examination and evaluation.

19 The multidisciplinary team shall be led by a physician

20 licensed to practice medicine in all of its branches and may

21 consist of one or more or a combination of physicians licensed

22 to practice medicine in all of its branches, licensed

23 chiropractic physicians, licensed clinical psychologists,

24 licensed clinical social workers, licensed clinical

25 professional counselors, and other professional and

26 administrative staff. Any examining physician or member of the
   HB3711 Enrolled  - 205 - LRB104 09787 AAS 19853 b

1 multidisciplinary team may require any person ordered to

2 submit to an examination and evaluation pursuant to this

3 Section to submit to any additional supplemental testing

4 deemed necessary to complete any examination or evaluation

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

6 urinalysis, psychological testing, or neuropsychological

7 testing.

8  The Department may order the examining physician or any

9 member of the multidisciplinary team to provide to the

10 Department any and all records, including business records,

11 that relate to the examination and evaluation, including any

12 supplemental testing performed. The Department may order the

13 examining physician or any member of the multidisciplinary

14 team to present testimony concerning this examination and

15 evaluation of the licensee or applicant, including testimony

16 concerning any supplemental testing or documents relating to

17 the examination and evaluation. No information, report,

18 record, or other documents in any way related to the

19 examination and evaluation shall be excluded by reason of any

20 common law or statutory privilege relating to communication

21 between the licensee or applicant and the examining physician

22 or any member of the multidisciplinary team. No authorization

23 is necessary from the licensee or applicant ordered to undergo

24 an evaluation and examination for the examining physician or

25 any member of the multidisciplinary team to provide

26 information, reports, records, or other documents or to
    HB3711 Enrolled    - 206 - LRB104 09787 AAS 19853 b

1 provide any testimony regarding the examination and

2 evaluation. The individual to be examined may have, at his or

3 her own expense, another physician of his or her choice

4 present during all aspects of the examination.

5   Failure of any individual to submit to mental or physical

6 examination or evaluation, or both, when directed, shall

7 result in an automatic suspension without hearing, until such

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

9 Department finds a licensee unable to practice because of the

10 reasons set forth in this Section, the Department shall

11 require the licensee to submit to care, counseling, or

12 treatment by physicians approved or designated by the

13 Department as a condition for continued, reinstated, or

14 renewed licensure.

15  When the Secretary immediately suspends a license under

16 this Section, a hearing upon such person's license must be

17 convened by the Department within 15 days after the suspension

18 and completed without appreciable delay. The Department shall

19 have the authority to review the licensee's record of

20 treatment and counseling regarding the impairment to the

21 extent permitted by applicable federal statutes and

22 regulations safeguarding the confidentiality of medical

23 records.

24  Individuals licensed under this Act that are affected

25 under this Section, shall be afforded an opportunity to

26 demonstrate to the Department that they can resume practice in
    HB3711 Enrolled  - 207 - LRB104 09787 AAS 19853 b

1 compliance with acceptable and prevailing standards under the

2 provisions of their license.

3   (e) (Blank).

4   (f) In cases where the Department of Healthcare and Family

5 Services has previously determined a licensee or a potential

6 licensee is more than 30 days delinquent in the payment of

7 child support and has subsequently certified the delinquency

8 to the Department, the Department may refuse to issue or renew

9 or may revoke or suspend that person's license or may take

10 other disciplinary action against that person based solely

11 upon the certification of delinquency made by the Department

12 of Healthcare and Family Services in accordance with paragraph

13 (5) of subsection (a) of Section 2105-15 of the Department of

14 Professional Regulation Law of the Civil Administrative Code

15 of Illinois.

16 (Source: P.A. 103-251, eff. 1-1-24.)

17  Section 95. The Illinois Optometric Practice Act of 1987

18 is amended by changing Section 24 as follows:

19  (225 ILCS 80/24) (from Ch. 111, par. 3924)

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

21  Sec. 24. Grounds for disciplinary action.

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

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

24 disciplinary or non-disciplinary action as the Department may
    HB3711 Enrolled         - 208 - LRB104 09787 AAS 19853 b

1 deem appropriate, including fines not to exceed $10,000 for

2 each violation, with regard to any license for any one or

3 combination of the causes set forth in subsection (a-3) of

4 this Section. All fines collected under this Section shall be

5 deposited in the Optometric Licensing and Disciplinary Board

6 Fund. Any fine imposed shall be payable within 60 days after

7 the effective date of the order imposing the fine.

8   (a-3) Grounds for disciplinary action include the

9 following:

10  (1) Violations of this Act, or of the rules

11  promulgated hereunder.

12  (2) Conviction of or entry of a plea of guilty to any

13  crime under the laws of any U.S. jurisdiction thereof that

14  is a felony or that is a misdemeanor of which an essential

15  element is dishonesty, or any crime that is directly

16  related to the practice of the profession.

17  (3) Making any misrepresentation for the purpose of

18  obtaining a license.

19  (4) Professional incompetence or gross negligence in

20  the practice of optometry.

21  (5) Gross malpractice, prima facie evidence of which

22  may be a conviction or judgment of malpractice in any

23  court of competent jurisdiction.

24  (6) Aiding or assisting another person in violating

25  any provision of this Act or rules.

26  (7) Failing, within 60 days, to provide information in
    HB3711 Enrolled          - 209 - LRB104 09787 AAS 19853 b

1   response to a written request made by the Department that

2   has been sent by certified or registered mail to the

3   licensee's last known address.

4   (8) Engaging in dishonorable, unethical, or

5   unprofessional conduct of a character likely to deceive,

6   defraud, or harm the public.

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

8   narcotics, stimulants or any other chemical agent or drug

9   that results in the inability to practice with reasonable

10  judgment, skill, or safety.

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

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

13  discipline is the same or substantially equivalent to

14  those set forth herein.

15  (11) Violation of the prohibition against fee

16  splitting in Section 24.2 of this Act.

17  (12) A finding by the Department that the licensee,

18  after having his or her license placed on probationary

19  status has violated the terms of probation.

20  (13) Abandonment of a patient.

21  (14) Willfully making or filing false records or

22  reports in his or her practice, including but not limited

23  to false records filed with State agencies or departments.

24  (15) Willfully failing to report an instance of

25  suspected abuse or neglect as required by law.

26  (16) Physical illness, including but not limited to,
    HB3711 Enrolled         - 210 - LRB104 09787 AAS 19853 b

1   deterioration through the aging process, or loss of motor

2   skill, mental illness, or disability that results in the

3   inability to practice the profession with reasonable

4   judgment, skill, or safety.

5   (17) Solicitation of professional services other than

6   permitted advertising.

7   (18) Failure to provide a patient with a copy of his or

8   her record or prescription in accordance with federal law.

9   (19) Conviction by any court of competent

10  jurisdiction, either within or without this State, of any

11  violation of any law governing the practice of optometry,

12  conviction in this or another State of any crime that is a

13  felony under the laws of this State or conviction of a

14  felony in a federal court, if the Department determines,

15  after investigation, that such person has not been

16  sufficiently rehabilitated to warrant the public trust.

17  (20) A finding that licensure has been applied for or

18  obtained by fraudulent means.

19  (21) Continued practice by a person knowingly having

20  an infectious or contagious disease.

21  (22) Being named as a perpetrator in an indicated

22  report by the Department of Children and Family Services

23  under the Abused and Neglected Child Reporting Act and

24  upon the indicated report becoming final after a hearing

25  or opportunity for a hearing., and upon proof by clear and

26  convincing evidence that the licensee has caused a child
    HB3711 Enrolled        - 211 - LRB104 09787 AAS 19853 b

1   to be an abused child or a neglected child as defined in

2   the Abused and Neglected Child Reporting Act.

3   (23) Practicing or attempting to practice under a name

4   other than the full name as shown on his or her license.

5   (24) Immoral conduct in the commission of any act,

6   such as sexual abuse, sexual misconduct or sexual

7   exploitation, related to the licensee's practice.

8   (25) Maintaining a professional relationship with any

9   person, firm, or corporation when the optometrist knows,

10  or should know, that such person, firm, or corporation is

11  violating this Act.

12  (26) Promotion of the sale of drugs, devices,

13  appliances or goods provided for a client or patient in

14  such manner as to exploit the patient or client for

15  financial gain of the licensee.

16  (27) Using the title "Doctor" or its abbreviation

17  without further qualifying that title or abbreviation with

18  the word "optometry" or "optometrist".

19  (28) Use by a licensed optometrist of the word

20  "infirmary", "hospital", "school", "university", in

21  English or any other language, in connection with the

22  place where optometry may be practiced or demonstrated

23  unless the licensee is employed by and practicing at a

24  location that is licensed as a hospital or accredited as a

25  school or university.

26  (29) Continuance of an optometrist in the employ of
    HB3711 Enrolled  - 212 - LRB104 09787 AAS 19853 b

1   any person, firm or corporation, or as an assistant to any

2   optometrist or optometrists, directly or indirectly, after

3   his or her employer or superior has been found guilty of

4   violating or has been enjoined from violating the laws of

5   the State of Illinois relating to the practice of

6   optometry, when the employer or superior persists in that

7   violation.

8   (30) The performance of optometric service in

9   conjunction with a scheme or plan with another person,

10  firm or corporation known to be advertising in a manner

11  contrary to this Act or otherwise violating the laws of

12  the State of Illinois concerning the practice of

13  optometry.

14  (31) Failure to provide satisfactory proof of having

15  participated in approved continuing education programs as

16  determined by the Board and approved by the Secretary.

17  Exceptions for extreme hardships are to be defined by the

18  rules of the Department.

19  (32) Willfully making or filing false records or

20  reports in the practice of optometry, including, but not

21  limited to false records to support claims against the

22  medical assistance program of the Department of Healthcare

23  and Family Services (formerly Department of Public Aid)

24  under the Illinois Public Aid Code.

25  (33) Gross and willful overcharging for professional

26  services including filing false statements for collection
    HB3711 Enrolled    - 213 - LRB104 09787 AAS 19853 b

1   of fees for which services are not rendered, including,

2   but not limited to filing false statements for collection

3   of monies for services not rendered from the medical

4   assistance program of the Department of Healthcare and

5   Family Services (formerly Department of Public Aid) under

6   the Illinois Public Aid Code.

7   (34) In the absence of good reasons to the contrary,

8   failure to perform a minimum eye examination as required

9   by the rules of the Department.

10  (35) Violation of the Health Care Worker Self-Referral

11  Act.

12  (36) Failure to report actual or alleged reportable

13  conduct in accordance with Section 2105-390 of the

14  Department of Professional Regulation Law of the Civil

15  Administrative Code of Illinois.

16  The Department shall refuse to issue or shall suspend the

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

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

19 final assessment of the tax, penalty or interest, as required

20 by any tax Act administered by the Illinois Department of

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

22 Act are satisfied.

23  (a-5) In enforcing this Section, the Board or Department,

24 upon a showing of a possible violation, may compel any

25 individual licensed to practice under this Act, or who has

26 applied for licensure or certification pursuant to this Act,
    HB3711 Enrolled  - 214 - LRB104 09787 AAS 19853 b

1 to submit to a mental or physical examination, or both, as

2 required by and at the expense of the Department. The

3 examining physicians or clinical psychologists shall be those

4 specifically designated by the Department. The Board or the

5 Department may order the examining physician or clinical

6 psychologist to present testimony concerning this mental or

7 physical examination of the licensee or applicant. No

8 information shall be excluded by reason of any common law or

9 statutory privilege relating to communications between the

10 licensee or applicant and the examining physician or clinical

11 psychologist. Eye examinations may be provided by a licensed

12 optometrist. The individual to be examined may have, at his or

13 her own expense, another physician of his or her choice

14 present during all aspects of the examination. Failure of any

15 individual to submit to a mental or physical examination, when

16 directed, shall be grounds for suspension of a license until

17 such time as the individual submits to the examination if the

18 Board or Department finds, after notice and hearing, that the

19 refusal to submit to the examination was without reasonable

20 cause.

21  If the Board or Department finds an individual unable to

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

23 Board or Department shall require such individual to submit to

24 care, counseling, or treatment by physicians or clinical

25 psychologists approved or designated by the Department, as a

26 condition, term, or restriction for continued, reinstated, or
    HB3711 Enrolled  - 215 - LRB104 09787 AAS 19853 b

1 renewed licensure to practice, or in lieu of care, counseling,

2 or treatment, the Board may recommend to the Department to

3 file a complaint to immediately suspend, revoke, or otherwise

4 discipline the license of the individual, or the Board may

5 recommend to the Department to file a complaint to suspend,

6 revoke, or otherwise discipline the license of the individual.

7 Any individual whose license was granted pursuant to this Act,

8 or continued, reinstated, renewed, disciplined, or supervised,

9 subject to such conditions, terms, or restrictions, who shall

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

11 shall be referred to the Secretary for a determination as to

12 whether the individual shall have his or her license suspended

13 immediately, pending a hearing by the Board.

14  (b) The determination by a circuit court that a licensee

15 is subject to involuntary admission or judicial admission as

16 provided in the Mental Health and Developmental Disabilities

17 Code operates as an automatic suspension. The suspension will

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

19 longer subject to involuntary admission or judicial admission

20 and issues an order so finding and discharging the patient;

21 and upon the recommendation of the Board to the Secretary that

22 the licensee be allowed to resume his or her practice.

23 (Source: P.A. 99-43, eff. 1-1-16; 99-909, eff. 1-1-17.)

24  Section 100. The Orthotics, Prosthetics, and Pedorthics

25 Practice Act is amended by changing Section 90 as follows:
    HB3711 Enrolled   - 216 - LRB104 09787 AAS 19853 b

1   (225 ILCS 84/90)

2   (Section scheduled to be repealed on January 1, 2030)

3   Sec. 90. Grounds for discipline.

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

5 or may revoke or suspend a license, or may suspend, place on

6 probation, or reprimand a licensee or take other disciplinary

7 or non-disciplinary action as the Department may deem proper,

8 including, but not limited to, the imposition of fines not to

9 exceed $10,000 for each violation for one or any combination

10 of the following:

11  (1) Making a material misstatement in furnishing

12  information to the Department or the Board.

13  (2) Violations of or negligent or intentional

14  disregard of this Act or its rules.

15  (3) Conviction of, or entry of a plea of guilty or nolo

16  contendere, finding of guilt, jury verdict, or entry of

17  judgment or sentencing, including, but not limited to,

18  convictions, preceding sentences of supervision,

19  conditional discharge, or first offender probation under

20  the laws of the United States or any state or that is (i) a

21  felony, or (ii) a misdemeanor, an essential element of

22  which is dishonesty, or any crime that is directly related

23  to the practice of the profession.

24  (4) Making a misrepresentation for the purpose of

25  obtaining a license under this Act or in connection with
    HB3711 Enrolled  - 217 - LRB104 09787 AAS 19853 b

1   applying for renewal or restoration of a license under

2   this Act.

3   (5) A pattern of practice or other behavior that

4   demonstrates incapacity or incompetence to practice under

5   this Act.

6   (6) Gross negligence under this Act.

7   (7) Aiding or assisting another person in violating a

8   provision of this Act or its rules.

9   (8) Failing to provide information within 60 days in

10  response to a written request made by the Department.

11  (9) Engaging in dishonorable, unethical, or

12  unprofessional conduct or conduct of a character likely to

13  deceive, defraud, or harm the public.

14  (10) Inability to practice with reasonable judgment,

15  skill, or safety as a result of habitual or excessive use

16  or addiction to alcohol, narcotics, stimulants, or any

17  other chemical agent or drug.

18  (11) Discipline by another state or territory of the

19  United States, the federal government, or foreign nation,

20  if at least one of the grounds for the discipline is the

21  same or substantially equivalent to one set forth in this

22  Section.

23  (12) Directly or indirectly giving to or receiving

24  from a person, firm, corporation, partnership, or

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

26  compensation for professional services not actually or
    HB3711 Enrolled  - 218 - LRB104 09787 AAS 19853 b

1   personally rendered. Nothing in this paragraph (12)

2   affects any bona fide independent contractor or employment

3   arrangements among health care professionals, health

4   facilities, health care providers, or other entities,

5   except as otherwise prohibited by law. Any employment

6   arrangements may include provisions for compensation,

7   health insurance, pension, or other employment benefits

8   for the provision of services within the scope of the

9   licensee's practice under this Act. Nothing in this

10  paragraph (12) shall be construed to require an employment

11  arrangement to receive professional fees for services

12  rendered.

13  (13) A finding by the Board that the licensee or

14  registrant, after having his or her license placed on

15  probationary status, has violated the terms of probation

16  or failed to comply with such terms.

17  (14) Abandonment of a patient or client.

18  (15) Willfully making or filing false records or

19  reports related to the licensee's practice, including, but

20  not limited to, false records filed with federal or State

21  agencies or departments.

22  (16) Willfully failing to report an instance of

23  suspected abuse, neglect, financial exploitation, or

24  self-neglect of an eligible child or adult as required by

25  the Abused and Neglected Child Reporting Act and the Adult

26  Protective Services Act.
    HB3711 Enrolled  - 219 - LRB104 09787 AAS 19853 b

1   (17) Inability to practice the profession with

2   reasonable judgment, skill, or safety as a result of a

3   physical illness, including, but not limited to,

4   deterioration through the aging process or loss of motor

5   skill, or a mental illness or disability.

6   (18) Solicitation of professional services using false

7   or misleading advertising.

8   (19) Failure to report actual or alleged reportable

9   conduct in accordance with Section 2105-390 of the

10  Department of Professional Regulation Law of the Civil

11  Administrative Code of Illinois.

12  (b) In enforcing this Section, the Department or Board

13 upon a showing of a possible violation, may compel a licensee

14 or applicant to submit to a mental or physical examination, or

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

16 Department or Board may order the examining physician to

17 present testimony concerning the mental or physical

18 examination of the licensee or applicant. No information shall

19 be excluded by reason of any common law or statutory privilege

20 relating to communications between the licensee or applicant

21 and the examining physician. The examining physicians shall be

22 specifically designated by the Board or Department. The

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

24 another physician of his or her choice present during all

25 aspects of this examination. Failure of an individual to

26 submit to a mental or physical examination, when directed,
    HB3711 Enrolled     - 220 - LRB104 09787 AAS 19853 b

1 shall be grounds for the immediate suspension of his or her

2 license until the individual submits to the examination if the

3 Department finds that the refusal to submit to the examination

4 was without reasonable cause as defined by rule.

5   If the Secretary immediately suspends a person's license

6 for his or her failure to submit to a mental or physical

7 examination, when directed, a hearing on that person's license

8 must be convened by the Department within 15 days after the

9 suspension and completed without appreciable delay.

10  If the Secretary otherwise suspends a person's license

11 pursuant to the results of a compelled mental or physical

12 examination, a hearing on that person's license must be

13 convened by the Department within 15 days after the suspension

14 and completed without appreciable delay. The Department and

15 Board shall have the authority to review the subject

16 individual's record of treatment and counseling regarding the

17 impairment to the extent permitted by applicable federal

18 statutes and regulations safeguarding the confidentiality of

19 medical records.

20  An individual licensed under this Act and affected under

21 this Section shall be afforded an opportunity to demonstrate

22 to the Department or Board that he or she can resume practice

23 in compliance with acceptable and prevailing standards under

24 his or her license.

25  (c) (Blank).

26  (d) If the Department of Healthcare and Family Services
    HB3711 Enrolled  - 221 - LRB104 09787 AAS 19853 b

1 (formerly Department of Public Aid) has previously determined

2 that a licensee or a potential licensee is more than 30 days

3 delinquent in the payment of child support and has

4 subsequently certified the delinquency to the Department, the

5 Department may refuse to issue or renew or may revoke or

6 suspend that person's license or may take other disciplinary

7 action against that person based solely upon the certification

8 of delinquency made by the Department of Healthcare and Family

9 Services in accordance with subsection (a)(5) of Section

10 2105-15 of the Department of Professional Regulation Law of

11 the Civil Administrative Code of Illinois.

12  (e) The Department shall refuse to issue or renew a

13 license, or may revoke or suspend a license, for failure to

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

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

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

17 Department of Revenue, until the requirements of the tax Act

18 are satisfied in accordance with subsection (g) of Section

19 2105-15 of the Department of Professional Regulation Law of

20 the Civil Administrative Code of Illinois.

21 (Source: P.A. 100-872, eff. 8-14-18; 101-269, eff. 8-9-19.)

22  Section 105. The Pharmacy Practice Act is amended by

23 changing Section 30 as follows:

24  (225 ILCS 85/30) (from Ch. 111, par. 4150)
    HB3711 Enrolled      - 222 - LRB104 09787 AAS 19853 b

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

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

3 discipline.

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

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

6 take any disciplinary or non-disciplinary action as the

7 Department may deem proper, including fines not to exceed

8 $10,000 for each violation, with regard to any licensee for

9 any one or combination of the following causes:

10  1. Material misstatement in furnishing information to

11  the Department.

12  2. Violations of this Act, or the rules promulgated

13  hereunder.

14  3. Making any misrepresentation for the purpose of

15  obtaining licenses.

16  4. A pattern of conduct which demonstrates

17  incompetence or unfitness to practice.

18  5. Aiding or assisting another person in violating any

19  provision of this Act or rules.

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

21  request made by the Department for information.

22  7. Engaging in unprofessional, dishonorable, or

23  unethical conduct of a character likely to deceive,

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

25  8. Adverse action taken by another state or

26  jurisdiction against a license or other authorization to
    HB3711 Enrolled     - 223 - LRB104 09787 AAS 19853 b

1   practice as a pharmacy, pharmacist, registered certified

2   pharmacy technician, or registered pharmacy technician

3   that is the same or substantially equivalent to those set

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

5   the action taken by the other state or jurisdiction being

6   prima facie evidence thereof.

7   9. Directly or indirectly giving to or receiving from

8   any person, firm, corporation, partnership, or association

9   any fee, commission, rebate, or other form of compensation

10  for any professional services not actually or personally

11  rendered. Nothing in this item 9 affects any bona fide

12  independent contractor or employment arrangements among

13  health care professionals, health facilities, health care

14  providers, or other entities, except as otherwise

15  prohibited by law. Any employment arrangements may include

16  provisions for compensation, health insurance, pension, or

17  other employment benefits for the provision of services

18  within the scope of the licensee's practice under this

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

20  an employment arrangement to receive professional fees for

21  services rendered.

22  10. A finding by the Department that the licensee,

23  after having his license placed on probationary status,

24  has violated the terms of probation.

25  11. Selling or engaging in the sale of drug samples

26  provided at no cost by drug manufacturers.
    HB3711 Enrolled  - 224 - LRB104 09787 AAS 19853 b

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

2   deterioration through the aging process, or loss of motor

3   skill which results in the inability to practice the

4   profession with reasonable judgment, skill or safety.

5   13. A finding that licensure or registration has been

6   applied for or obtained by fraudulent means.

7   14. Conviction by plea of guilty or nolo contendere,

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

9   sentencing, including, but not limited to, convictions,

10  preceding sentences of supervision, conditional discharge,

11  or first offender probation, under the laws of any

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

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

14  dishonesty, or that is directly related to the practice of

15  pharmacy or involves controlled substances.

16  15. Habitual or excessive use or addiction to alcohol,

17  narcotics, stimulants, or any other chemical agent or drug

18  which results in the inability to practice with reasonable

19  judgment, skill, or safety.

20  16. Willfully making or filing false records or

21  reports in the practice of pharmacy, including, but not

22  limited to, false records to support claims against the

23  medical assistance program of the Department of Healthcare

24  and Family Services (formerly Department of Public Aid)

25  under the Public Aid Code.

26  17. Gross and willful overcharging for professional
    HB3711 Enrolled       - 225 - LRB104 09787 AAS 19853 b

1   services including filing false statements for collection

2   of fees for which services are not rendered, including,

3   but not limited to, filing false statements for collection

4   of monies for services not rendered from the medical

5   assistance program of the Department of Healthcare and

6   Family Services (formerly Department of Public Aid) under

7   the Public Aid Code.

8   18. Dispensing prescription drugs without receiving a

9   written or oral prescription in violation of law.

10  19. Upon a finding of a substantial discrepancy in a

11  Department audit of a prescription drug, including

12  controlled substances, as that term is defined in this Act

13  or in the Illinois Controlled Substances Act.

14  20. Physical or mental illness or any other impairment

15  or disability, including, without limitation: (A)

16  deterioration through the aging process or loss of motor

17  skills that results in the inability to practice with

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

19  incompetence, as declared by a court of competent

20  jurisdiction.

21  21. Violation of the Health Care Worker Self-Referral

22  Act.

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

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

25  this Section, has the meaning ascribed to it in subsection

26  (u) of Section 102 of the Illinois Controlled Substances
    HB3711 Enrolled  - 226 - LRB104 09787 AAS 19853 b

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

2   limited to the sale or dispensing of controlled

3   substances, but shall apply to all prescription drugs.

4   23. Interfering with the professional judgment of a

5   pharmacist by any licensee under this Act, or the

6   licensee's agents or employees.

7   24. Failing to report within 60 days to the Department

8   any adverse final action taken against a pharmacy,

9   pharmacist, registered pharmacy technician, or registered

10  certified pharmacy technician by another licensing

11  jurisdiction in any other state or any territory of the

12  United States or any foreign jurisdiction, any

13  governmental agency, any law enforcement agency, or any

14  court for acts or conduct similar to acts or conduct that

15  would constitute grounds for discipline as defined in this

16  Section.

17  25. Failing to comply with a subpoena issued in

18  accordance with Section 35.5 of this Act.

19  26. Disclosing protected health information in

20  violation of any State or federal law.

21  27. Willfully failing to report an instance of

22  suspected abuse, neglect, financial exploitation, or

23  self-neglect of an eligible adult as defined in and

24  required by the Adult Protective Services Act.

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

26  the Department on Aging under the Adult Protective
    HB3711 Enrolled         - 227 - LRB104 09787 AAS 19853 b

1   Services Act, and upon proof by clear and convincing

2   evidence that the licensee abused, neglected, or

3   financially exploited an eligible adult as defined in the

4   Adult Protective Services Act.

5   29. Using advertisements or making solicitations that

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

7   including, but not limited to, the use of advertisements

8   or solicitations that:

9   (A) are false, fraudulent, deceptive, or

10  misleading; or

11  (B) include any claim regarding a professional

12  service or product or the cost or price thereof that

13  cannot be substantiated by the licensee.

14  30. Requiring a pharmacist to participate in the use

15  or distribution of advertisements or in making

16  solicitations that may jeopardize the health, safety, or

17  welfare of patients.

18  31. Failing to provide a working environment for all

19  pharmacy personnel that protects the health, safety, and

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

21  to, failing to:

22  (A) employ sufficient personnel to prevent

23  fatigue, distraction, or other conditions that

24  interfere with a pharmacist's ability to practice with

25  competency and safety or creates an environment that

26  jeopardizes patient care;
    HB3711 Enrolled          - 228 - LRB104 09787 AAS 19853 b

1   (B) provide appropriate opportunities for

2   uninterrupted rest periods and meal breaks;

3   (C) provide adequate time for a pharmacist to

4   complete professional duties and responsibilities,

5   including, but not limited to:

6                    (i) drug utilization review;

7                    (ii) immunization;

8                    (iii) counseling;

9                    (iv) verification of the accuracy of a

10  prescription; and

11                   (v) all other duties and responsibilities of a

12  pharmacist as listed in the rules of the

13  Department.

14  32. Introducing or enforcing external factors, such as

15  productivity or production quotas or other programs

16  against pharmacists, student pharmacists or pharmacy

17  technicians, to the extent that they interfere with the

18  ability of those individuals to provide appropriate

19  professional services to the public.

20  33. Providing an incentive for or inducing the

21  transfer of a prescription for a patient absent a

22  professional rationale.

23  34. Failure to report actual or alleged reportable

24  conduct in accordance with Section 2105-390 of the

25  Department of Professional Regulation Law of the Civil

26  Administrative Code of Illinois.
    HB3711 Enrolled   - 229 - LRB104 09787 AAS 19853 b

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

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

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

4 any final assessment of tax, penalty, or interest, as required

5 by any tax Act administered by the Illinois Department of

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

7 Act are satisfied.

8   (c) The Department shall revoke any license issued under

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

10 any person who has been convicted a second time of committing

11 any felony under the Illinois Controlled Substances Act, or

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

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

14 Code. A person whose license issued under the provisions of

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

16 subsection (c) shall be prohibited from engaging in the

17 practice of pharmacy in this State.

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

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

20 renew, or take any other disciplinary or non-disciplinary

21 action against a person's authorization to practice under this

22 Act based solely upon the person providing, authorizing,

23 recommending, aiding, assisting, referring for, or otherwise

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

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

26 whether the patient was a resident of this State or another
    HB3711 Enrolled  - 230 - LRB104 09787 AAS 19853 b

1 state.

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

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

4 renew, or take any other disciplinary or non-disciplinary

5 action against a person's authorization to practice under this

6 Act based upon the person's license, registration, or permit

7 being revoked or suspended, or the person being otherwise

8 disciplined, by any other state if that revocation,

9 suspension, or other form of discipline was based solely on

10 the person violating another state's laws prohibiting the

11 provision of, authorization of, recommendation of, aiding or

12 assisting in, referring for, or participation in any health

13 care service if that health care service as provided would not

14 have been unlawful under the laws of this State and is

15 consistent with the applicable standard of conduct for a

16 person practicing in Illinois under this Act.

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

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

19 Section 35.16.

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

21 authorization pursuant to this Act who has been subject to

22 disciplinary action by a duly authorized professional

23 disciplinary agency of another jurisdiction solely on the

24 basis of having provided, authorized, recommended, aided,

25 assisted, referred for, or otherwise participated in health

26 care shall not be denied such licensure, certification, or
    HB3711 Enrolled  - 231 - LRB104 09787 AAS 19853 b

1 authorization, unless the Department determines that such

2 action would have constituted professional misconduct in this

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

4 prohibiting the Department from evaluating the conduct of such

5 applicant and making a determination regarding the licensure,

6 certification, or authorization to practice a profession under

7 this Act.

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

9 of disciplinary action, but shall not be the exclusive

10 disposition of any disciplinary action arising out of conduct

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

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

13 funds collected from such fines shall be deposited in the

14 Illinois State Pharmacy Disciplinary Fund.

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

16 establishing that any person holding a license or certificate

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

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

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

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

21 determined to be recovered from mental illness by the court

22 and upon the Board's recommendation that the licensee be

23 permitted to resume his or her practice.

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

25 status of all complaints related to the profession received by

26 the Department.
   HB3711 Enrolled  - 232 - LRB104 09787 AAS 19853 b

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

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

3 any licensee or applicant for licensure under this Act to

4 submit to a mental or physical examination or both, as

5 required by and at the expense of the Department. The

6 examining physician, or multidisciplinary team involved in

7 providing physical and mental examinations led by a physician

8 consisting of one or a combination of licensed physicians,

9 licensed clinical psychologists, licensed clinical social

10 workers, licensed clinical professional counselors, and other

11 professional and administrative staff, shall be those

12 specifically designated by the Department. The Board or the

13 Department may order the examining physician or any member of

14 the multidisciplinary team to present testimony concerning

15 this mental or physical examination of the licensee or

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

17 way related to the examination shall be excluded by reason of

18 any common law or statutory privilege relating to

19 communication between the licensee or applicant and the

20 examining physician or any member of the multidisciplinary

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

22 expense, another physician of his or her choice present during

23 all aspects of the examination. Failure of any individual to

24 submit to a mental or physical examination when directed shall

25 result in the automatic suspension of his or her license until

26 such time as the individual submits to the examination. If the
HB3711 Enrolled  - 233 - LRB104 09787 AAS 19853 b

 1 Board or Department finds a pharmacist, registered certified
 2 pharmacy technician, or registered pharmacy technician unable
 3 to practice because of the reasons set forth in this Section,
 4 the Board or Department shall require such pharmacist,
 5 registered certified pharmacy technician, or registered
 6 pharmacy technician to submit to care, counseling, or
 7 treatment by physicians or other appropriate health care
 8 providers approved or designated by the Department as a
 9 condition for continued, restored, or renewed licensure to
10 practice. Any pharmacist, registered certified pharmacy
11 technician, or registered pharmacy technician whose license
12 was granted, continued, restored, renewed, disciplined, or
13 supervised, subject to such terms, conditions, or
14 restrictions, and who fails to comply with such terms,
15 conditions, or restrictions or to complete a required program
16 of care, counseling, or treatment, as determined by the chief
17 pharmacy coordinator, shall be referred to the Secretary for a
18 determination as to whether the licensee shall have his or her
19 license suspended immediately, pending a hearing by the Board.
20 In instances in which the Secretary immediately suspends a
21 license under this subsection (g), a hearing upon such
22 person's license must be convened by the Board within 15 days
23 after such suspension and completed without appreciable delay.
24 The Department and Board shall have the authority to review
25 the subject pharmacist's, registered certified pharmacy
26 technician's, or registered pharmacy technician's record of
    HB3711 Enrolled  - 234 - LRB104 09787 AAS 19853 b

1 treatment and counseling regarding the impairment.

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

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

4 Section by providing a report or other information to the

5 Board, by assisting in the investigation or preparation of a

6 report or information, by participating in proceedings of the

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

8 result of such actions, be subject to criminal prosecution or

9 civil damages. Any person who reports a violation of this

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

11 Section 15 of the Whistleblower Act.

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

13 action based upon any disciplinary proceedings or other

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

15 Attorney General shall defend all such actions unless he or

16 she determines either that there would be a conflict of

17 interest in such representation or that the actions complained

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

19  If the Attorney General declines representation, the

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

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

22 approval by the Attorney General, unless there is a

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

24 good faith or were willful and wanton.

25  The member must notify the Attorney General within 7 days

26 of receipt of notice of the initiation of any action involving
    HB3711 Enrolled      - 235 - LRB104 09787 AAS 19853 b

1 services of the Board. Failure to so notify the Attorney

2 General shall constitute an absolute waiver of the right to a

3 defense and indemnification.

4   The Attorney General shall determine, within 7 days after

5 receiving such notice, whether he or she will undertake to

6 represent the member.

7   (j) The Department may adopt rules to implement,

8 administer, and enforce this Section.

9 (Source: P.A. 104-432, eff. 1-1-26.)

10  Section 110. The Illinois Physical Therapy Act is amended

11 by changing Section 17 as follows:

12  (225 ILCS 90/17) (from Ch. 111, par. 4267)

13  (Section scheduled to be repealed on January 1, 2031)

14  Sec. 17. (1) The Department may refuse to issue or to

15 renew, or may revoke, suspend, place on probation, reprimand,

16 or take other disciplinary action as the Department deems

17 appropriate, including the issuance of fines not to exceed

18 $5000, with regard to a license for any one or a combination of

19 the following:

20  A. Material misstatement in furnishing information to

21  the Department or otherwise making misleading, deceptive,

22  untrue, or fraudulent representations in violation of this

23  Act or otherwise in the practice of the profession;

24  B. Violations of this Act, or of the rules or
    HB3711 Enrolled  - 236 - LRB104 09787 AAS 19853 b

1   regulations promulgated hereunder;

2   C. Conviction of any crime under the laws of the

3   United States or any state or territory thereof which is a

4   felony or which is a misdemeanor, an essential element of

5   which is dishonesty, or of any crime which is directly

6   related to the practice of the profession; conviction, as

7   used in this paragraph, shall include a finding or verdict

8   of guilty, an admission of guilt or a plea of nolo

9   contendere;

10  D. Making any misrepresentation for the purpose of

11  obtaining licenses, or violating any provision of this Act

12  or the rules promulgated thereunder pertaining to

13  advertising;

14  E. A pattern of practice or other behavior which

15  demonstrates incapacity or incompetency to practice under

16  this Act;

17  F. Aiding or assisting another person in violating any

18  provision of this Act or Rules;

19  G. Failing, within 60 days, to provide information in

20  response to a written request made by the Department;

21  H. Engaging in dishonorable, unethical or

22  unprofessional conduct of a character likely to deceive,

23  defraud or harm the public. Unprofessional conduct shall

24  include any departure from or the failure to conform to

25  the minimal standards of acceptable and prevailing

26  physical therapy practice, in which proceeding actual
    HB3711 Enrolled        - 237 - LRB104 09787 AAS 19853 b

1   injury to a patient need not be established;

2   I. Unlawful distribution of any drug or narcotic, or

3   unlawful conversion of any drug or narcotic not belonging

4   to the person for such person's own use or benefit or for

5   other than medically accepted therapeutic purposes;

6   J. Habitual or excessive use or addiction to alcohol,

7   narcotics, stimulants, or any other chemical agent or drug

8   which results in a physical therapist's or physical

9   therapist assistant's inability to practice with

10  reasonable judgment, skill or safety;

11  K. Revocation or suspension of a license to practice

12  physical therapy as a physical therapist or physical

13  therapist assistant or the taking of other disciplinary

14  action by the proper licensing authority of another state,

15  territory or country;

16  L. Directly or indirectly giving to or receiving from

17  any person, firm, corporation, partnership, or association

18  any fee, commission, rebate or other form of compensation

19  for any professional services not actually or personally

20  rendered. Nothing contained in this paragraph prohibits

21  persons holding valid and current licenses under this Act

22  from practicing physical therapy in partnership under a

23  partnership agreement, including a limited liability

24  partnership, a limited liability company, or a corporation

25  under the Professional Service Corporation Act or from

26  pooling, sharing, dividing, or apportioning the fees and
    HB3711 Enrolled       - 238 - LRB104 09787 AAS 19853 b

1   monies received by them or by the partnership, company, or

2   corporation in accordance with the partnership agreement

3   or the policies of the company or professional

4   corporation. Nothing in this paragraph (L) affects any

5   bona fide independent contractor or employment

6   arrangements among health care professionals, health

7   facilities, health care providers, or other entities,

8   except as otherwise prohibited by law. Any employment

9   arrangements may include provisions for compensation,

10  health insurance, pension, or other employment benefits

11  for the provision of services within the scope of the

12  licensee's practice under this Act. Nothing in this

13  paragraph (L) shall be construed to require an employment

14  arrangement to receive professional fees for services

15  rendered;

16  M. A finding by the Board that the licensee after

17  having the license placed on probationary status has

18  violated the terms of probation;

19  N. Abandonment of a patient;

20  O. Willfully failing to report an instance of

21  suspected child abuse or neglect as required by the Abused

22  and Neglected Child Reporting Act;

23  P. Willfully failing to report an instance of

24  suspected elder abuse or neglect as required by the Elder

25  Abuse Reporting Act;

26  Q. Physical illness, including but not limited to,
    HB3711 Enrolled         - 239 - LRB104 09787 AAS 19853 b

1   deterioration through the aging process, or loss of motor

2   skill which results in the inability to practice the

3   profession with reasonable judgment judgement, skill, or

4   safety;

5   R. The use of any words (such as physical therapy,

6   physical therapist physiotherapy or physiotherapist),

7   abbreviations, figures or letters with the intention of

8   indicating practice as a licensed physical therapist

9   without a valid license as a physical therapist issued

10  under this Act;

11  S. The use of the term physical therapist assistant,

12  or abbreviations, figures, or letters with the intention

13  of indicating practice as a physical therapist assistant

14  without a valid license as a physical therapist assistant

15  issued under this Act;

16  T. Willfully violating or knowingly assisting in the

17  violation of any law of this State relating to the

18  practice of abortion;

19  U. Continued practice by a person knowingly having an

20  infectious, communicable or contagious disease;

21  V. Having treated ailments otherwise than by the

22  practice of physical therapy as defined in this Act, or

23  having treated ailments as a licensed physical therapist

24  in violation of Section 1.2;

25  W. Being named as a perpetrator in an indicated report

26  by the Department of Children and Family Services pursuant
    HB3711 Enrolled  - 240 - LRB104 09787 AAS 19853 b

1   to the Abused and Neglected Child Reporting Act and upon

2   the indicated report becoming final after a hearing or

3   opportunity for a hearing;, and upon proof by clear and

4   convincing evidence that the licensee has caused a child

5   to be an abused child or neglected child as defined in the

6   Abused and Neglected Child Reporting Act;

7   X. Interpretation of referrals, performance of

8   evaluation procedures, planning or making major

9   modifications of patient programs by a physical therapist

10  assistant;

11  Y. Failure by a physical therapist assistant and

12  supervising physical therapist to maintain continued

13  contact, including periodic personal supervision and

14  instruction, to ensure the safety and welfare of patients;

15  Z. Violation of the Health Care Worker Self-Referral

16  Act;.

17  AA. Failure to report actual or alleged reportable

18  conduct in accordance with Section 2105-390 of the

19  Department of Professional Regulation Law of the Civil

20  Administrative Code of Illinois;

21  BB. Except in the context of emergency care, surgical

22  care, or care that requires more than one health care

23  professional, conducting a physical examination of the

24  breast or genitalia under one of the following conditions:

25  (i) conducting the examination alone with the patient

26  without first informing the patient that the patient may
    HB3711 Enrolled  - 241 - LRB104 09787 AAS 19853 b

1   request the presence of a third person during the

2   examination; or (ii) conducting the examination alone with

3   the patient if the patient has requested, and not

4   withdrawn the request, to have a third person present. If

5   the patient does not bring a third person, and if no

6   licensee-provided third person is available, the licensee

7   may inform the patient that the licensee cannot honor the

8   patient's request and invite the patient to either return

9   with a patient-provided third person or voluntarily elect

10  to withdraw the request and proceed with the examination.

11  For a patient whose care decisions are made by a parent or

12  guardian, the licensee's obligation is to inform and honor

13  requests from the parent or guardian. Notwithstanding any

14  provision of this paragraph BB. to the contrary, except in

15  the context of emergency care, surgical care, or care that

16  requires more than one health care professional, licensees

17  may, in their sole discretion, refuse to conduct an

18  examination of the breast or genitalia without a third

19  person present.

20  (2) The determination by a circuit court that a licensee

21 is subject to involuntary admission or judicial admission as

22 provided in the Mental Health and Developmental Disabilities

23 Code operates as an automatic suspension. Such suspension will

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

25 longer subject to involuntary admission or judicial admission

26 and the issuance of an order so finding and discharging the
    HB3711 Enrolled   - 242 - LRB104 09787 AAS 19853 b

1 patient; and upon the recommendation of the Board to the

2 Secretary that the licensee be allowed to resume practicing.

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

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

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

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

7 any tax Act administered by the Illinois Department of

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

9 Act are satisfied.

10 (Source: P.A. 104-154, eff. 1-1-26.)

11  Section 115. The Physician Assistant Practice Act of 1987

12 is amended by changing Section 21 as follows:

13  (225 ILCS 95/21) (from Ch. 111, par. 4621)

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

15  Sec. 21. Grounds for disciplinary action.

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

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

18 disciplinary or non-disciplinary action with regard to any

19 license issued under this Act as the Department may deem

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

21 for each violation, for any one or combination of the

22 following causes:

23  (1) Material misstatement in furnishing information to

24  the Department.
    HB3711 Enrolled      - 243 - LRB104 09787 AAS 19853 b

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

2   this Act.

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

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

5   sentencing, including, but not limited to, convictions,

6   preceding sentences of supervision, conditional discharge,

7   or first offender probation, under the laws of any

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

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

10  dishonesty, or that is directly related to the practice of

11  the profession.

12  (4) Making any misrepresentation for the purpose of

13  obtaining licenses.

14  (5) Professional incompetence.

15  (6) Aiding or assisting another person in violating

16  any provision of this Act or its rules.

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

18  response to a written request made by the Department.

19  (8) Engaging in dishonorable, unethical, or

20  unprofessional conduct, as defined by rule, of a character

21  likely to deceive, defraud, or harm the public.

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

23  narcotics, stimulants, or any other chemical agent or drug

24  that results in a physician assistant's inability to

25  practice with reasonable judgment, skill, or safety.

26  (10) Discipline by another U.S. jurisdiction or
    HB3711 Enrolled  - 244 - LRB104 09787 AAS 19853 b

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

2   discipline is the same or substantially equivalent to

3   those set forth in this Section.

4   (11) Directly or indirectly giving to or receiving

5   from any person, firm, corporation, partnership, or

6   association any fee, commission, rebate, or other form of

7   compensation for any professional services not actually or

8   personally rendered. Nothing in this paragraph (11)

9   affects any bona fide independent contractor or employment

10  arrangements, which may include provisions for

11  compensation, health insurance, pension, or other

12  employment benefits, with persons or entities authorized

13  under this Act for the provision of services within the

14  scope of the licensee's practice under this Act.

15  (12) A finding by the Board that the licensee, after

16  having his or her license placed on probationary status,

17  has violated the terms of probation.

18  (13) Abandonment of a patient.

19  (14) Willfully making or filing false records or

20  reports in his or her practice, including, but not limited

21  to, false records filed with State agencies or

22  departments.

23  (15) Willfully failing to report an instance of

24  suspected child abuse or neglect as required by the Abused

25  and Neglected Child Reporting Act.

26  (16) Physical illness, or mental illness or impairment
    HB3711 Enrolled       - 245 - LRB104 09787 AAS 19853 b

1   that results in the inability to practice the profession

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

3   not limited to, deterioration through the aging process or

4   loss of motor skill.

5   (17) Being named as a perpetrator in an indicated

6   report by the Department of Children and Family Services

7   under the Abused and Neglected Child Reporting Act and

8   upon the indicated report becoming final after a hearing

9   or opportunity for a hearing., and upon proof by clear and

10  convincing evidence that the licensee has caused a child

11  to be an abused child or neglected child as defined in the

12  Abused and Neglected Child Reporting Act.

13  (18) (Blank).

14  (19) Gross negligence resulting in permanent injury or

15  death of a patient.

16  (20) Employment of fraud, deception or any unlawful

17  means in applying for or securing a license as a physician

18  assistant.

19  (21) Exceeding the authority delegated to him or her

20  by his or her collaborating physician in a written

21  collaborative agreement.

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

23  such as sexual abuse, sexual misconduct, or sexual

24  exploitation related to the licensee's practice.

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

26  Act.
    HB3711 Enrolled       - 246 - LRB104 09787 AAS 19853 b

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

2   as provided by law.

3   (25) Making a false or misleading statement regarding

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

5   treatment, or remedy prescribed by him or her in the

6   course of treatment.

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

8   to practice.

9   (27)             Prescribing,  selling,   administering,

10  distributing, giving, or self-administering a drug

11  classified as a controlled substance for other than

12  medically accepted therapeutic purposes.

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

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

15  exploit the patient for financial gain.

16  (29) A pattern of practice or other behavior that

17  demonstrates incapacity or incompetence to practice under

18  this Act.

19  (30) Violating State or federal laws or regulations

20  relating to controlled substances or other legend drugs or

21  ephedra as defined in the Ephedra Prohibition Act.

22  (31) Exceeding the prescriptive authority delegated by

23  the collaborating physician or violating the written

24  collaborative agreement delegating that authority.

25  (32) Practicing without providing to the Department a

26  notice of collaboration or delegation of prescriptive
    HB3711 Enrolled  - 247 - LRB104 09787 AAS 19853 b

1   authority.

2   (33) Failure to establish and maintain records of

3   patient care and treatment as required by law.

4   (34) Attempting to subvert or cheat on the examination

5   of the National Commission on Certification of Physician

6   Assistants or its successor agency.

7   (35) Willfully or negligently violating the

8   confidentiality between physician assistant and patient,

9   except as required by law.

10  (36) Willfully failing to report an instance of

11  suspected abuse, neglect, financial exploitation, or

12  self-neglect of an eligible adult as defined in and

13  required by the Adult Protective Services Act.

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

15  the Department on Aging under the Adult Protective

16  Services Act and upon proof by clear and convincing

17  evidence that the licensee abused, neglected, or

18  financially exploited an eligible adult as defined in the

19  Adult Protective Services Act.

20  (38) Failure to report to the Department an adverse

21  final action taken against him or her by another licensing

22  jurisdiction of the United States or a foreign state or

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

24  professional society or association, a governmental

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

26  conduct similar to acts or conduct that would constitute
    HB3711 Enrolled        - 248 - LRB104 09787 AAS 19853 b

1   grounds for action under this Section.

2   (39) Failure to provide copies of records of patient

3   care or treatment, except as required by law.

4   (40) Entering into an excessive number of written

5   collaborative agreements with licensed physicians

6   resulting in an inability to adequately collaborate.

7   (41) Repeated failure to adequately collaborate with a

8   collaborating physician.

9   (42) Violating the Compassionate Use of Medical

10  Cannabis Program Act.

11  (43) Failure to report actual or alleged reportable

12  conduct in accordance with Section 2105-390 of the

13  Department of Professional Regulation Law of the Civil

14  Administrative Code of Illinois.

15  (44) Except in the context of emergency care, surgical

16  care, or care that requires more than one health care

17  professional, conducting a physical examination of the

18  breast or genitalia under one of the following conditions:

19  (i) conducting the examination alone with the patient

20  without first informing the patient that the patient may

21  request the presence of a third person during the

22  examination; or (ii) conducting the examination alone with

23  the patient if the patient has requested, and not

24  withdrawn the request, to have a third person present. If

25  the patient does not bring a third person, and if no

26  licensee-provided third person is available, the licensee
    HB3711 Enrolled  - 249 - LRB104 09787 AAS 19853 b

1   may inform the patient that the licensee cannot honor the

2   patient's request and invite the patient to either return

3   with a patient-provided third person or voluntarily elect

4   to withdraw the request and proceed with the examination.

5   For a patient whose care decisions are made by a parent or

6   guardian, the licensee's obligation is to inform and honor

7   requests from the parent or guardian. Notwithstanding any

8   provision of this paragraph (44) to the contrary, except

9   in the context of emergency care, surgical care, or care

10  that requires more than one health care professional,

11  licensees may, in their sole discretion, refuse to conduct

12  an examination of the breast or genitalia without a third

13  person present.

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

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

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

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

18 penalty, or interest as required by any tax Act administered

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

20 requirements of any such tax Act are satisfied.

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

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

23 renew, or take any other disciplinary or non-disciplinary

24 action against a person's authorization to practice under this

25 Act based solely upon the person providing, authorizing,

26 recommending, aiding, assisting, referring for, or otherwise
    HB3711 Enrolled  - 250 - LRB104 09787 AAS 19853 b

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

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

3 whether the patient was a resident of this State or another

4 state.

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

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

7 renew, or take any other disciplinary or non-disciplinary

8 action against a person's authorization to practice under this

9 Act based upon the person's license, registration, or permit

10 being revoked or suspended, or the person being otherwise

11 disciplined, by any other state if that revocation,

12 suspension, or other form of discipline was based solely on

13 the person violating another state's laws prohibiting the

14 provision of, authorization of, recommendation of, aiding or

15 assisting in, referring for, or participation in any health

16 care service if that health care service as provided would not

17 have been unlawful under the laws of this State and is

18 consistent with the applicable standard of conduct for a

19 person practicing in Illinois under this Act.

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

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

22 Section 22.13.

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

24 authorization pursuant to this Act who has been subject to

25 disciplinary action by a duly authorized professional

26 disciplinary agency of another jurisdiction solely on the
    HB3711 Enrolled    - 251 - LRB104 09787 AAS 19853 b

1 basis of having provided, authorized, recommended, aided,

2 assisted, referred for, or otherwise participated in health

3 care shall not be denied such licensure, certification, or

4 authorization, unless the Department determines that such

5 action would have constituted professional misconduct in this

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

7 prohibiting the Department from evaluating the conduct of such

8 applicant and making a determination regarding the licensure,

9 certification, or authorization to practice a profession under

10 this Act.

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

12 is subject to involuntary admission or judicial admission as

13 provided in the Mental Health and Developmental Disabilities

14 Code operates as an automatic suspension. The suspension will

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

16 longer subject to involuntary admission or judicial admission

17 and issues an order so finding and discharging the patient,

18 and upon the recommendation of the Board to the Secretary that

19 the licensee be allowed to resume his or her practice.

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

21 showing of a possible violation may compel an individual

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

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

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

25 sexual offender evaluation, as required by and at the expense

26 of the Department.
    HB3711 Enrolled  - 252 - LRB104 09787 AAS 19853 b

1   The Department shall specifically designate the examining

2 physician licensed to practice medicine in all of its branches

3 or, if applicable, the multidisciplinary team involved in

4 providing the mental or physical examination or both. The

5 multidisciplinary team shall be led by a physician licensed to

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

7 or more or a combination of physicians licensed to practice

8 medicine in all of its branches, licensed clinical

9 psychologists, licensed clinical social workers, licensed

10 clinical professional counselors, and other professional and

11 administrative staff. Any examining physician or member of the

12 multidisciplinary team may require any person ordered to

13 submit to an examination pursuant to this Section to submit to

14 any additional supplemental testing deemed necessary to

15 complete any examination or evaluation process, including, but

16 not limited to, blood testing, urinalysis, psychological

17 testing, or neuropsychological testing.

18  The Department may order the examining physician or any

19 member of the multidisciplinary team to provide to the

20 Department any and all records, including business records,

21 that relate to the examination and evaluation, including any

22 supplemental testing performed.

23  The Department may order the examining physician or any

24 member of the multidisciplinary team to present testimony

25 concerning the mental or physical examination of the licensee

26 or applicant. No information, report, record, or other
    HB3711 Enrolled             - 253 - LRB104 09787 AAS 19853 b

1 documents in any way related to the examination shall be

2 excluded by reason of any common law or statutory privilege

3 relating to communications between the licensee or applicant

4 and the examining physician or any member of the

5 multidisciplinary team. No authorization is necessary from the

6 licensee or applicant ordered to undergo an examination for

7 the examining physician or any member of the multidisciplinary

8 team to provide information, reports, records, or other

9 documents or to provide any testimony regarding the

10 examination and evaluation.

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

12 expense, another physician of his or her choice present during

13 all aspects of this examination. However, that physician shall

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

15 with the examination.

16  Failure of an individual to submit to a mental or physical

17 examination, when ordered, shall result in an automatic

18 suspension of his or her license until the individual submits

19 to the examination.

20  If the Department finds an individual unable to practice

21 because of the reasons set forth in this Section, the

22 Department may require that individual to submit to care,

23 counseling, or treatment by physicians approved or designated

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

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

26 in lieu of care, counseling, or treatment, the Department may
    HB3711 Enrolled           - 254 - LRB104 09787 AAS 19853 b

1 file a complaint to immediately suspend, revoke, or otherwise

2 discipline the license of the individual. An individual whose

3 license was granted, continued, reinstated, renewed,

4 disciplined, or supervised subject to such terms, conditions,

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

6 conditions, or restrictions, shall be referred to the

7 Secretary for a determination as to whether the individual

8 shall have his or her license suspended immediately, pending a

9 hearing by the Department.

10  In instances in which the Secretary immediately suspends a

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

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

13 days after the suspension and completed without appreciable

14 delay. The Department shall have the authority to review the

15 subject individual's record of treatment and counseling

16 regarding the impairment to the extent permitted by applicable

17 federal statutes and regulations safeguarding the

18 confidentiality of medical records.

19  An individual licensed under this Act and affected under

20 this Section shall be afforded an opportunity to demonstrate

21 to the Department that he or she can resume practice in

22 compliance with acceptable and prevailing standards under the

23 provisions of his or her license.

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

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

26 Section by providing a report or other information to the
    HB3711 Enrolled       - 255 - LRB104 09787 AAS 19853 b

1 Board, by assisting in the investigation or preparation of a

2 report or information, by participating in proceedings of the

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

4 subject to criminal prosecution or civil damages as a result

5 of such actions.

6   (f) Members of the Board shall be indemnified by the State

7 for any actions occurring within the scope of services on the

8 Board, done in good faith and not willful and wanton in nature.

9 The Attorney General shall defend all such actions unless he

10 or she determines either that there would be a conflict of

11 interest in such representation or that the actions complained

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

13  If the Attorney General declines representation, the

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

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

16 the Attorney General, unless there is a determination by a

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

18 willful and wanton.

19  The member must notify the Attorney General within 7 days

20 after receipt of notice of the initiation of any action

21 involving services of the Board. Failure to so notify the

22 Attorney General constitutes an absolute waiver of the right

23 to a defense and indemnification.

24  The Attorney General shall determine, within 7 days after

25 receiving such notice, whether he or she will undertake to

26 represent the member.
    HB3711 Enrolled  - 256 - LRB104 09787 AAS 19853 b

1   (g) The Department may adopt rules to implement,

2 administer, and enforce this Section.

3 (Source: P.A. 104-432, eff. 1-1-26.)

4   Section 120. The Podiatric Medical Practice Act of 1987 is

5 amended by changing Section 24 as follows:

6   (225 ILCS 100/24) (from Ch. 111, par. 4824)

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

8   Sec. 24. Grounds for disciplinary action. The Department

9 may refuse to issue, may refuse to renew, may refuse to

10 restore, may suspend, or may revoke any license, or may place

11 on probation, reprimand or take other disciplinary or

12 non-disciplinary action as the Department may deem proper,

13 including fines not to exceed $10,000 for each violation upon

14 anyone licensed under this Act for any of the following

15 reasons:

16  (1) Making a material misstatement in furnishing

17  information to the Department.

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

19  under this Act.

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

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

22  sentencing, including, but not limited to, convictions,

23  preceding sentences of supervision, conditional discharge,

24  or first offender probation, under the laws of any
    HB3711 Enrolled  - 257 - LRB104 09787 AAS 19853 b

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

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

3   dishonesty, or that is directly related to the practice of

4   the profession.

5   (4) Making any misrepresentation for the purpose of

6   obtaining licenses, or violating any provision of this Act

7   or the rules promulgated thereunder pertaining to

8   advertising.

9   (5) Professional incompetence.

10  (6) Gross or repeated malpractice or negligence.

11  (7) Aiding or assisting another person in violating

12  any provision of this Act or rules.

13  (8) Failing, within 30 days, to provide information in

14  response to a written request made by the Department.

15  (9) Engaging in dishonorable, unethical or

16  unprofessional conduct of a character likely to deceive,

17  defraud or harm the public.

18  (10) Habitual or excessive use of alcohol, narcotics,

19  stimulants, or other chemical agent or drug that results

20  in the inability to practice podiatric medicine with

21  reasonable judgment, skill or safety.

22  (11) Discipline by another United States jurisdiction

23  if at least one of the grounds for the discipline is the

24  same or substantially equivalent to those set forth in

25  this Section.

26  (12) Violation of the prohibition against fee
    HB3711 Enrolled         - 258 - LRB104 09787 AAS 19853 b

1   splitting in Section 24.2 of this Act.

2   (13) A finding by the Board that the licensee, after

3   having his or her license placed on probationary status,

4   has violated the terms of probation.

5   (14) Abandonment of a patient.

6   (15) Willfully making or filing false records or

7   reports in his or her practice, including, but not limited

8   to, false records filed with state agencies or

9   departments.

10  (16) Willfully failing to report an instance of

11  suspected child abuse or neglect as required by the Abused

12  and Neglected Child Reporting Act.

13  (17) Physical illness, mental illness, or other

14  impairment, including, but not limited to, deterioration

15  through the aging process, or loss of motor skill that

16  results in the inability to practice the profession with

17  reasonable judgment, skill or safety.

18  (18) Solicitation of professional services other than

19  permitted advertising.

20  (19) The determination by a circuit court that a

21  licensed podiatric physician is subject to involuntary

22  admission or judicial admission as provided in the Mental

23  Health and Developmental Disabilities Code operates as an

24  automatic suspension. Such suspension will end only upon a

25  finding by a court that the patient is no longer subject to

26  involuntary admission or judicial admission and issues an
    HB3711 Enrolled       - 259 - LRB104 09787 AAS 19853 b

1   order so finding and discharging the patient; and upon the

2   recommendation of the Board to the Secretary that the

3   licensee be allowed to resume his or her practice.

4   (20) Holding oneself out to treat human ailments under

5   any name other than his or her own, or the impersonation of

6   any other physician.

7   (21) Revocation or suspension or other action taken

8   with respect to a podiatric medical license in another

9   jurisdiction that would constitute disciplinary action

10  under this Act.

11  (22) Promotion of the sale of drugs, devices,

12  appliances, or goods provided for a patient in such manner

13  as to exploit the patient for financial gain of the

14  podiatric physician.

15  (23) Gross, willful, and continued overcharging for

16  professional services including filing false statements

17  for collection of fees for those services, including, but

18  not limited to, filing false statement for collection of

19  monies for services not rendered from the medical

20  assistance program of the Department of Healthcare and

21  Family Services (formerly Department of Public Aid) under

22  the Illinois Public Aid Code or other private or public

23  third party payor.

24  (24) Being named as a perpetrator in an indicated

25  report by the Department of Children and Family Services

26  under the Abused and Neglected Child Reporting Act and
    HB3711 Enrolled  - 260 - LRB104 09787 AAS 19853 b

1   upon the indicated report becoming final after a hearing

2   or opportunity for a hearing., and upon proof by clear and

3   convincing evidence that the licensee has caused a child

4   to be an abused child or neglected child as defined in the

5   Abused and Neglected Child Reporting Act.

6   (25) Willfully making or filing false records or

7   reports in the practice of podiatric medicine, including,

8   but not limited to, false records to support claims

9   against the medical assistance program of the Department

10  of Healthcare and Family Services (formerly Department of

11  Public Aid) under the Illinois Public Aid Code.

12  (26) (Blank).

13  (27) Immoral conduct in the commission of any act

14  including, sexual abuse, sexual misconduct, or sexual

15  exploitation, related to the licensee's practice.

16  (28) Violation of the Health Care Worker Self-Referral

17  Act.

18  (29) Failure to report to the Department any adverse

19  final action taken against him or her by another licensing

20  jurisdiction of the United States or any foreign state or

21  country, any peer review body, any health care

22  institution, any professional society or association, any

23  governmental agency, any law enforcement agency, or any

24  court for acts or conduct similar to acts or conduct that

25  would constitute grounds for action as defined in this

26  Section.
    HB3711 Enrolled    - 261 - LRB104 09787 AAS 19853 b

1   (30) Willfully failing to report an instance of

2   suspected abuse, neglect, financial exploitation, or

3   self-neglect of an eligible adult as defined in and

4   required by the Adult Protective Services Act.

5   (31) Being named as a perpetrator in an indicated

6   report by the Department on Aging under the Adult

7   Protective Services Act, and upon proof by clear and

8   convincing evidence that the licensee has caused an

9   eligible adult to be abused, neglected, or financially

10  exploited as defined in the Adult Protective Services Act.

11  (32) Failure to report actual or alleged reportable

12  conduct in accordance with Section 2105-390 of the

13  Department of Professional Regulation Law of the Civil

14  Administrative Code of Illinois.

15  The Department may refuse to issue or may suspend the

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

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

18 any final assessment of tax, penalty, or interest, as required

19 by any tax Act administered by the Illinois Department of

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

21 Act are satisfied.

22  Upon receipt of a written communication from the Secretary

23 of Human Services, the Director of Healthcare and Family

24 Services (formerly Director of Public Aid), or the Director of

25 Public Health that continuation of practice of a person

26 licensed under this Act constitutes an immediate danger to the
    HB3711 Enrolled  - 262 - LRB104 09787 AAS 19853 b

1 public, the Secretary may immediately suspend the license of

2 such person without a hearing. In instances in which the

3 Secretary immediately suspends a license under this Section, a

4 hearing upon such person's license must be convened by the

5 Board within 15 days after such suspension and completed

6 without appreciable delay, such hearing held to determine

7 whether to recommend to the Secretary that the person's

8 license be revoked, suspended, placed on probationary status,

9 or restored, or such person be subject to other disciplinary

10 action. In such hearing, the written communication and any

11 other evidence submitted therewith may be introduced as

12 evidence against such person; provided, however, the person or

13 his counsel shall have the opportunity to discredit or impeach

14 such evidence and submit evidence rebutting the same.

15  Except for fraud in procuring a license, all proceedings

16 to suspend, revoke, place on probationary status, or take any

17 other disciplinary action as the Department may deem proper,

18 with regard to a license on any of the foregoing grounds, must

19 be commenced within 5 years after receipt by the Department of

20 a complaint alleging the commission of or notice of the

21 conviction order for any of the acts described in this

22 Section. Except for the grounds set forth in items (8), (9),

23 (26), and (29) of this Section, no action shall be commenced

24 more than 10 years after the date of the incident or act

25 alleged to have been a violation of this Section. In the event

26 of the settlement of any claim or cause of action in favor of
    HB3711 Enrolled  - 263 - LRB104 09787 AAS 19853 b

1 the claimant or the reduction to final judgment of any civil

2 action in favor of the plaintiff, such claim, cause of action,

3 or civil action being grounded on the allegation that a person

4 licensed under this Act was negligent in providing care, the

5 Department shall have an additional period of 2 years from the

6 date of notification to the Department under Section 26 of

7 this Act of such settlement or final judgment in which to

8 investigate and commence formal disciplinary proceedings under

9 Section 24 of this Act, except as otherwise provided by law.

10 The time during which the holder of the license was outside the

11 State of Illinois shall not be included within any period of

12 time limiting the commencement of disciplinary action by the

13 Department.

14  In enforcing this Section, the Department or Board upon a

15 showing of a possible violation may compel an individual

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

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

18 examination, or both, as required by and at the expense of the

19 Department. The Department or Board may order the examining

20 physician to present testimony concerning the mental or

21 physical examination of the licensee or applicant. No

22 information shall be excluded by reason of any common law or

23 statutory privilege relating to communications between the

24 licensee or applicant and the examining physician. The

25 examining physicians shall be specifically designated by the

26 Board or Department. The individual to be examined may have,
    HB3711 Enrolled            - 264 - LRB104 09787 AAS 19853 b

1 at his or her own expense, another physician of his or her

2 choice present during all aspects of this examination. Failure

3 of an individual to submit to a mental or physical

4 examination, when directed, shall be grounds for suspension of

5 his or her license until the individual submits to the

6 examination if the Department finds, after notice and hearing,

7 that the refusal to submit to the examination was without

8 reasonable cause.

9   If the Department or Board finds an individual unable to

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

11 Department or Board may require that individual to submit to

12 care, counseling, or treatment by physicians approved or

13 designated by the Department or Board, as a condition, term,

14 or restriction for continued, restored, or renewed licensure

15 to practice; or, in lieu of care, counseling, or treatment,

16 the Department may file, or the Board may recommend to the

17 Department to file, a complaint to immediately suspend,

18 revoke, or otherwise discipline the license of the individual.

19 An individual whose license was granted, continued, restored,

20 renewed, disciplined, or supervised subject to such terms,

21 conditions, or restrictions, and who fails to comply with such

22 terms, conditions, or restrictions, shall be referred to the

23 Secretary for a determination as to whether the individual

24 shall have his or her license suspended immediately, pending a

25 hearing by the Department.

26  In instances in which the Secretary immediately suspends a
    HB3711 Enrolled    - 265 - LRB104 09787 AAS 19853 b

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

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

3 days after the suspension and completed without appreciable

4 delay. The Department and Board shall have the authority to

5 review the subject individual's record of treatment and

6 counseling regarding the impairment to the extent permitted by

7 applicable federal statutes and regulations safeguarding the

8 confidentiality of medical records.

9   An individual licensed under this Act and affected under

10 this Section shall be afforded an opportunity to demonstrate

11 to the Department or Board that he or she can resume practice

12 in compliance with acceptable and prevailing standards under

13 the provisions of his or her license.

14 (Source: P.A. 104-417, eff. 8-15-25.)

15  Section 125. The Respiratory Care Practice Act is amended

16 by changing Section 95 as follows:

17  (225 ILCS 106/95)

18  (Section scheduled to be repealed on January 1, 2031)

19  Sec. 95. Grounds for discipline.

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

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

22 disciplinary or non-disciplinary action as the Department

23 considers appropriate, including the issuance of fines not to

24 exceed $10,000 for each violation, with regard to any license
    HB3711 Enrolled          - 266 - LRB104 09787 AAS 19853 b

1 for any one or combination of the following:

2   (1) Material misstatement in furnishing information to

3   the Department or to any other State or federal agency.

4   (2) Violations of this Act, or any of the rules

5   adopted under this Act.

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

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

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

9   convictions preceding sentences of supervision,

10  conditional discharge, or first offender probation, under

11  the laws of any jurisdiction of the United States or any

12  state or territory thereof: (i) that is a felony or (ii)

13  that is a misdemeanor, an essential element of which is

14  dishonesty, or that is directly related to the practice of

15  the profession.

16  (4) Making any misrepresentation for the purpose of

17  obtaining a license.

18  (5) Professional incompetence or negligence in the

19  rendering of respiratory care services.

20  (6) Malpractice.

21  (7) Aiding or assisting another person in violating

22  any rules or provisions of this Act.

23  (8) Failing to provide information within 60 days in

24  response to a written request made by the Department.

25  (9) Engaging in dishonorable, unethical, or

26  unprofessional conduct of a character likely to deceive,
    HB3711 Enrolled  - 267 - LRB104 09787 AAS 19853 b

1   defraud, or harm the public.

2   (10) Violating the rules of professional conduct

3   adopted by the Department.

4   (11) Discipline by another jurisdiction, if at least

5   one of the grounds for the discipline is the same or

6   substantially equivalent to those set forth in this Act.

7   (12) Directly or indirectly giving to or receiving

8   from any person, firm, corporation, partnership, or

9   association any fee, commission, rebate, or other form of

10  compensation for any professional services not actually

11  rendered. Nothing in this paragraph (12) affects any bona

12  fide independent contractor or employment arrangements

13  among health care professionals, health facilities, health

14  care providers, or other entities, except as otherwise

15  prohibited by law. Any employment arrangements may include

16  provisions for compensation, health insurance, pension, or

17  other employment benefits for the provision of services

18  within the scope of the licensee's practice under this

19  Act. Nothing in this paragraph (12) shall be construed to

20  require an employment arrangement to receive professional

21  fees for services rendered.

22  (13) A finding that the licensee, after having the

23  license placed on probationary status or subject to

24  conditions or restrictions, has violated the terms of

25  probation or failed to comply with such terms or

26  conditions.
    HB3711 Enrolled        - 268 - LRB104 09787 AAS 19853 b

1   (14) Abandonment of a patient.

2   (15) Willfully filing false records or reports

3   relating to a licensee's practice including, but not

4   limited to, false records filed with a federal or State

5   agency or department.

6   (16) Willfully failing to report an instance of

7   suspected child abuse or neglect as required by the Abused

8   and Neglected Child Reporting Act.

9   (17) Providing respiratory care, other than pursuant

10  to an order.

11  (18) Physical or mental disability including, but not

12  limited to, deterioration through the aging process or

13  loss of motor skills that results in the inability to

14  practice the profession with reasonable judgment, skill,

15  or safety.

16  (19) Solicitation of professional services by using

17  false or misleading advertising.

18  (20) Failure to file a tax return, or to pay the tax,

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

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

21  by any tax Act administered by the Illinois Department of

22  Revenue or any successor agency or the Internal Revenue

23  Service or any successor agency.

24  (21) Irregularities in billing a third party for

25  services rendered or in reporting charges for services not

26  rendered.
    HB3711 Enrolled  - 269 - LRB104 09787 AAS 19853 b

1   (22) Being named as a perpetrator in an indicated

2   report by the Department of Children and Family Services

3   under the Abused and Neglected Child Reporting Act and

4   upon the indicated report becoming final after a hearing

5   or opportunity for a hearing. , and upon proof by clear and

6   convincing evidence that the licensee has caused a child

7   to be an abused child or neglected child as defined in the

8   Abused and Neglected Child Reporting Act.

9   (23) Habitual or excessive use or addiction to

10  alcohol, narcotics, stimulants, or any other chemical

11  agent or drug that results in an inability to practice

12  with reasonable skill, judgment, or safety.

13  (24) Being named as a perpetrator in an indicated

14  report by the Department on Aging under the Adult

15  Protective Services Act, and upon proof by clear and

16  convincing evidence that the licensee has caused an adult

17  with disabilities or an older adult to be abused or

18  neglected as defined in the Adult Protective Services Act.

19  (25) Willfully failing to report an instance of

20  suspected abuse, neglect, financial exploitation, or

21  self-neglect of an adult with disabilities or an older

22  adult as required by the Adult Protective Services Act.

23  (26) Willful omission to file or record, or willfully

24  impeding the filing or recording, or inducing another

25  person to omit to file or record medical reports as

26  required by law or willfully failing to report an instance
    HB3711 Enrolled      - 270 - LRB104 09787 AAS 19853 b

1   of suspected child abuse or neglect as required by the

2   Abused and Neglected Child Reporting Act.

3   (27) Practicing under a false or assumed name, except

4   as provided by law.

5   (28) Willfully or negligently violating the

6   confidentiality between licensee and patient, except as

7   required by law.

8   (29) The use of any false, fraudulent, or deceptive

9   statement in any document connected with the licensee's

10  practice.

11  (30) Failing to report actual or alleged reportable

12  conduct in accordance with Section 2105-390 of the

13  Department of Professional Regulation Law of the Civil

14  Administrative Code of Illinois.

15  (b) The determination by a court that a licensee is

16 subject to involuntary admission or judicial admission as

17 provided in the Mental Health and Developmental Disabilities

18 Code will result in an automatic suspension of the licensee's

19 license. The suspension will end upon a finding by a court that

20 the licensee is no longer subject to involuntary admission or

21 judicial admission, the issuance of an order so finding and

22 discharging the patient, and the recommendation of the Board

23 to the Secretary that the licensee be allowed to resume the

24 licensee's practice.

25  All fines imposed under this Section shall be paid within

26 60 days after the effective date of the order imposing the fine
    HB3711 Enrolled    - 271 - LRB104 09787 AAS 19853 b

1 or in accordance with the terms set forth in the order imposing
2 the fine.
3 (Source: P.A. 104-152, eff. 1-1-26.)

4   Section 130. The Professional Counselor and Clinical

5 Professional Counselor Licensing and Practice Act is amended

6 by changing Section 80 as follows:

7   (225 ILCS 107/80)

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

9   Sec. 80. Grounds for discipline.

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

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

12 disciplinary or non-disciplinary action as the Department

13 deems appropriate, including the issuance of fines not to

14 exceed $10,000 for each violation, with regard to any license

15 for any one or more of the following:

16  (1) Material misstatement in furnishing information to

17  the Department or to any other State agency.

18  (2) Violations or negligent or intentional disregard

19  of this Act or rules adopted under this Act.

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

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

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

23  convictions, preceding sentences of supervision,

24  conditional discharge, or first offender probation, under
    HB3711 Enrolled   - 272 - LRB104 09787 AAS 19853 b

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

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

3   essential element of which is dishonesty, or that is

4   directly related to the practice of the profession.

5   (4) Fraud or any misrepresentation in applying for or

6   procuring a license under this Act or in connection with

7   applying for renewal of a license under this Act.

8   (5) Professional incompetence or gross negligence in

9   the rendering of professional counseling or clinical

10  professional counseling services.

11  (6) Malpractice.

12  (7) Aiding or assisting another person in violating

13  any provision of this Act or any rules.

14  (8) Failing to provide information within 60 days in

15  response to a written request made by the Department.

16  (9) Engaging in dishonorable, unethical, or

17  unprofessional conduct of a character likely to deceive,

18  defraud, or harm the public and violating the rules of

19  professional conduct adopted by the Department.

20  (10) Habitual or excessive use or abuse of drugs as

21  defined in law as controlled substances, alcohol, or any

22  other substance which results in inability to practice

23  with reasonable skill, judgment, or safety.

24  (11) Discipline by another jurisdiction, the District

25  of Columbia, territory, county, or governmental agency, if

26  at least one of the grounds for the discipline is the same
    HB3711 Enrolled  - 273 - LRB104 09787 AAS 19853 b

1   or substantially equivalent to those set forth in this

2   Section.

3   (12) Directly or indirectly giving to or receiving

4   from any person, firm, corporation, partnership, or

5   association any fee, commission, rebate, or other form of

6   compensation for any professional service not actually

7   rendered. Nothing in this paragraph (12) affects any bona

8   fide independent contractor or employment arrangements

9   among health care professionals, health facilities, health

10  care providers, or other entities, except as otherwise

11  prohibited by law. Any employment arrangements may include

12  provisions for compensation, health insurance, pension, or

13  other employment benefits for the provision of services

14  within the scope of the licensee's practice under this

15  Act. Nothing in this paragraph (12) shall be construed to

16  require an employment arrangement to receive professional

17  fees for services rendered.

18  (13) A finding by the Board that the licensee, after

19  having the license placed on probationary status, has

20  violated the terms of probation.

21  (14) Abandonment of a client.

22  (15) Willfully filing false reports relating to a

23  licensee's practice, including, but not limited to, false

24  records filed with federal or State agencies or

25  departments.

26  (16) Willfully failing to report an instance of
    HB3711 Enrolled  - 274 - LRB104 09787 AAS 19853 b

1   suspected child abuse or neglect as required by the Abused

2   and Neglected Child Reporting Act and in matters

3   pertaining to suspected abuse, neglect, financial

4   exploitation, or self-neglect of adults with disabilities

5   and older adults as set forth in the Adult Protective

6   Services Act.

7   (17) Being named as a perpetrator in an indicated

8   report by the Department of Children and Family Services

9   pursuant to the Abused and Neglected Child Reporting Act

10  and upon the indicated report becoming final after a

11  hearing or opportunity for a hearing., and upon proof by

12  clear and convincing evidence that the licensee has caused

13  a child to be an abused child or neglected child as defined

14  in the Abused and Neglected Child Reporting Act.

15  (18) Physical or mental illness or disability,

16  including, but not limited to, deterioration through the

17  aging process or loss of abilities and skills which

18  results in the inability to practice the profession with

19  reasonable judgment, skill, or safety.

20  (19) Solicitation of professional services by using

21  false or misleading advertising.

22  (20) Allowing one's license under this Act to be used

23  by an unlicensed person in violation of this Act.

24  (21) A finding that licensure has been applied for or

25  obtained by fraudulent means.

26  (22) Practicing under a false or, except as provided
    HB3711 Enrolled           - 275 - LRB104 09787 AAS 19853 b

1   by law, an assumed name.

2         (23) Gross and willful overcharging for professional

3   services including filing statements for collection of

4   fees or moneys for which services are not rendered.

5         (24) Rendering professional counseling or clinical

6   professional counseling services without a license or

7   practicing outside the scope of a license.

8         (25) Clinical supervisors failing to adequately and

9   responsibly monitor supervisees.

10        (26) Failing to report actual or alleged reportable

11  conduct in accordance with Section 2105-390 of the

12  Department of Professional Regulation Law of the Civil

13  Administrative Code of Illinois.

14  All fines imposed under this Section shall be paid within

15 60 days after the effective date of the order imposing the

16 fine.

17  (b) (Blank).

18  (b-5) The Department may refuse to issue or may suspend

19 without hearing, as provided for in the Code of Civil

20 Procedure, the license of any person who fails to file a

21 return, pay the tax, penalty, or interest shown in a filed

22 return, or pay any final assessment of the tax, penalty, or

23 interest as required by any tax Act administered by the

24 Illinois Department of Revenue, until such time as the

25 requirements of any such tax Act are satisfied in accordance

26 with subsection (g) of Section 2105-15 of the Department of
    HB3711 Enrolled        - 276 - LRB104 09787 AAS 19853 b

1 Professional Regulation Law of the Civil Administrative Code

2 of Illinois.

3   (b-10) In cases where the Department of Healthcare and

4 Family Services has previously determined a licensee or a

5 potential licensee is more than 30 days delinquent in the

6 payment of child support and has subsequently certified the

7 delinquency to the Department, the Department may refuse to

8 issue or renew or may revoke or suspend that person's license

9 or may take other disciplinary action against that person

10 based solely upon the certification of delinquency made by the

11 Department of Healthcare and Family Services in accordance

12 with item (5) of subsection (a) of Section 2105-15 of the

13 Department of Professional Regulation Law of the Civil

14 Administrative Code of Illinois.

15  (c) The determination by a court that a licensee is

16 subject to involuntary admission or judicial admission as

17 provided in the Mental Health and Developmental Disabilities

18 Code will result in an automatic suspension of his or her

19 license. The suspension will end upon a finding by a court that

20 the licensee is no longer subject to involuntary admission or

21 judicial admission, the issuance of an order so finding and

22 discharging the patient, and the recommendation of the Board

23 to the Secretary that the licensee be allowed to resume

24 professional practice.

25  (c-1) The Department shall not revoke, suspend, summarily

26 suspend, place on prohibition, reprimand, refuse to issue or
    HB3711 Enrolled    - 277 - LRB104 09787 AAS 19853 b

1 renew, or take any other disciplinary or non-disciplinary

2 action against a person's authorization to practice under this

3 Act based solely upon the person authorizing, recommending,

4 aiding, assisting, referring for, or otherwise participating

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

6 unlawful under the laws of this State, regardless of whether

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

8   (c-2) The Department shall not revoke, suspend, summarily

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

10 renew, or take any other disciplinary or non-disciplinary

11 action against a person's authorization to practice under this

12 Act based upon the person's license, registration, or permit

13 being revoked or suspended, or the person being otherwise

14 disciplined, by any other state if that revocation,

15 suspension, or other form of discipline was based solely on

16 the person violating another state's laws prohibiting the

17 provision of, authorization of, recommendation of, aiding or

18 assisting in, referring for, or participation in any health

19 care service if that health care service as provided would not

20 have been unlawful under the laws of this State and is

21 consistent with the applicable standard of conduct for a

22 person practicing in Illinois under this Act.

23  (c-3) The conduct specified in subsection (c-1), (c-2),

24 (c-6), or (c-7) shall not constitute grounds for suspension

25 under Section 145.

26  (c-4) An applicant seeking licensure, certification, or
    HB3711 Enrolled  - 278 - LRB104 09787 AAS 19853 b

1 authorization pursuant to this Act who has been subject to

2 disciplinary action by a duly authorized professional

3 disciplinary agency of another jurisdiction solely on the

4 basis of having authorized, recommended, aided, assisted,

5 referred for, or otherwise participated in health care shall

6 not be denied such licensure, certification, or authorization,

7 unless the Department determines that such action would have

8 constituted professional misconduct in this State; however,

9 nothing in this Section shall be construed as prohibiting the

10 Department from evaluating the conduct of such applicant and

11 making a determination regarding the licensure, certification,

12 or authorization to practice a profession under this Act.

13  (c-5) In enforcing this Act, the Department, upon a

14 showing of a possible violation, may compel an individual

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

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

17 examination, or both, as required by and at the expense of the

18 Department. The Department may order the examining physician

19 to present testimony concerning the mental or physical

20 examination of the licensee or applicant. No information shall

21 be excluded by reason of any common law or statutory privilege

22 relating to communications between the licensee or applicant

23 and the examining physician. The examining physicians shall be

24 specifically designated by the Department. The individual to

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

26 physician of his or her choice present during all aspects of
    HB3711 Enrolled            - 279 - LRB104 09787 AAS 19853 b

1 this examination. The examination shall be performed by a

2 physician licensed to practice medicine in all its branches.

3 Failure of an individual to submit to a mental or physical

4 examination, when directed, shall result in an automatic

5 suspension without hearing.

6   All substance-related violations shall mandate an

7 automatic substance abuse assessment. Failure to submit to an

8 assessment by a licensed physician who is certified as an

9 addictionist or an advanced practice registered nurse with

10 specialty certification in addictions may be grounds for an

11 automatic suspension.

12  If the Department finds an individual unable to practice

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

14 subsection (c-5), the Department may require that individual

15 to submit to a substance abuse evaluation or treatment by

16 individuals or programs approved or designated by the

17 Department, as a condition, term, or restriction for

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

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

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

21 to immediately suspend, revoke, or otherwise discipline the

22 license of the individual. An individual whose license was

23 granted, continued, restored, renewed, disciplined, or

24 supervised subject to such terms, conditions, or restrictions,

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

26 restrictions, shall be referred to the Secretary for a
    HB3711 Enrolled  - 280 - LRB104 09787 AAS 19853 b

1 determination as to whether the individual shall have his or

2 her license suspended immediately, pending a hearing by the

3 Department.

4   A person holding a license under this Act or who has

5 applied for a license under this Act who, because of a physical

6 or mental illness or disability, including, but not limited

7 to, deterioration through the aging process or loss of motor

8 skill, is unable to practice the profession with reasonable

9 judgment, skill, or safety, may be required by the Department

10 to submit to care, counseling, or treatment by physicians

11 approved or designated by the Department as a condition, term,

12 or restriction for continued, reinstated, or renewed licensure

13 to practice. Submission to care, counseling, or treatment as

14 required by the Department shall not be considered discipline

15 of a license. If the licensee refuses to enter into a care,

16 counseling, or treatment agreement or fails to abide by the

17 terms of the agreement, the Department may file a complaint to

18 revoke, suspend, or otherwise discipline the license of the

19 individual. The Secretary may order the license suspended

20 immediately, pending a hearing by the Department. Fines shall

21 not be assessed in disciplinary actions involving physical or

22 mental illness or impairment.

23  In instances in which the Secretary immediately suspends a

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

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

26 days after the suspension and completed without appreciable
    HB3711 Enrolled  - 281 - LRB104 09787 AAS 19853 b

1 delay. The Department shall have the authority to review the

2 subject individual's record of treatment and counseling

3 regarding the impairment to the extent permitted by applicable

4 federal statutes and regulations safeguarding the

5 confidentiality of medical records.

6   An individual licensed under this Act and affected under

7 this Section shall be afforded an opportunity to demonstrate

8 to the Department that he or she can resume practice in

9 compliance with acceptable and prevailing standards under the

10 provisions of his or her license.

11  (c-6) The Department may not revoke, suspend, summarily

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

13 renew, or take any other disciplinary or non-disciplinary

14 action against a person's authorization to practice under this

15 Act based solely upon an immigration violation by the person.

16  (c-7) The Department may not revoke, suspend, summarily

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

18 renew, or take any other disciplinary or non-disciplinary

19 action against a person's authorization to practice under this

20 Act based upon the person's license, registration, or permit

21 being revoked or suspended, or the person being otherwise

22 disciplined, by any other state if that revocation,

23 suspension, or other form of discipline was based solely upon

24 an immigration violation by the person.

25  (d) (Blank).

26  (e) The Department may adopt rules to implement,
    HB3711 Enrolled    - 282 - LRB104 09787 AAS 19853 b

1 administer, and enforce this Section.
2 (Source: P.A. 103-715, eff. 1-1-25; 104-432, eff. 1-1-26.)

3   Section 135. The Sex Offender Evaluation and Treatment

4 Provider Act is amended by changing Section 75 as follows:

5   (225 ILCS 109/75)

6   Sec. 75. Refusal, revocation, or suspension.

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

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

9 disciplinary or non-disciplinary action, as the Department

10 considers appropriate, including the imposition of fines not

11 to exceed $10,000 for each violation, with regard to any

12 license or licensee for any one or more of the following:

13  (1) violations of this Act or of the rules adopted

14  under this Act;

15  (2) discipline by the Department under other state law

16  and rules which the licensee is subject to;

17  (3) conviction by plea of guilty or nolo contendere,

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

19  sentencing for any crime, including, but not limited to,

20  convictions, preceding sentences of supervision,

21  conditional discharge, or first offender probation, under

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

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

24  essential element of which is dishonesty, or that is
    HB3711 Enrolled             - 283 - LRB104 09787 AAS 19853 b

1   directly related to the practice of the profession;

2   (4) professional incompetence;

3   (5) advertising in a false, deceptive, or misleading

4   manner;

5   (6) aiding, abetting, assisting, procuring, advising,

6   employing, or contracting with any unlicensed person to

7   provide sex offender evaluation or treatment services

8   contrary to any rules or provisions of this Act;

9   (7) engaging in immoral conduct in the commission of

10  any act, such as sexual abuse, sexual misconduct, or

11  sexual exploitation, related to the licensee's practice;

12  (8) engaging in dishonorable, unethical, or

13  unprofessional conduct of a character likely to deceive,

14  defraud, or harm the public;

15  (9) practicing or offering to practice beyond the

16  scope permitted by law or accepting and performing

17  professional responsibilities which the licensee knows or

18  has reason to know that he or she is not competent to

19  perform;

20  (10)             knowingly    delegating  professional

21  responsibilities to a person unqualified by training,

22  experience, or licensure to perform;

23  (11) failing to provide information in response to a

24  written request made by the Department within 60 days;

25  (12) having a habitual or excessive use of or

26  addiction to alcohol, narcotics, stimulants, or any other
    HB3711 Enrolled  - 284 - LRB104 09787 AAS 19853 b

1   chemical agent or drug which results in the inability to

2   practice with reasonable judgment, skill, or safety;

3   (13) having a pattern of practice or other behavior

4   that demonstrates incapacity or incompetence to practice

5   under this Act;

6   (14) discipline by another state, District of

7   Columbia, territory, or foreign nation, if at least one of

8   the grounds for the discipline is the same or

9   substantially equivalent to those set forth in this

10  Section;

11  (15) a finding by the Department that the licensee,

12  after having his or her license placed on probationary

13  status, has violated the terms of probation;

14  (16) willfully making or filing false records or

15  reports in his or her practice, including, but not limited

16  to, false records filed with State agencies or

17  departments;

18  (17) making a material misstatement in furnishing

19  information to the Department or otherwise making

20  misleading, deceptive, untrue, or fraudulent

21  representations in violation of this Act or otherwise in

22  the practice of the profession;

23  (18) fraud or misrepresentation in applying for or

24  procuring a license under this Act or in connection with

25  applying for renewal of a license under this Act;

26  (19) inability to practice the profession with
    HB3711 Enrolled  - 285 - LRB104 09787 AAS 19853 b

1   reasonable judgment, skill, or safety as a result of

2   physical illness, including, but not limited to,

3   deterioration through the aging process, loss of motor

4   skill, or a mental illness or disability;

5   (20) charging for professional services not rendered,

6   including filing false statements for the collection of

7   fees for which services are not rendered; or

8   (21) practicing under a false or, except as provided

9   by law, an assumed name; or.

10  (22) failing to report actual or alleged reportable

11  conduct in accordance with Section 2105-390 of the

12  Department of Professional Regulation Law of the Civil

13  Administrative Code of Illinois.

14  All fines shall be paid within 60 days of the effective

15 date of the order imposing the fine.

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

17 license of any person who fails to file a tax return, to pay

18 the tax, penalty, or interest shown in a filed tax return, or

19 to pay any final assessment of tax, penalty, or interest, as

20 required by any tax Act administered by the Illinois

21 Department of Revenue, until such time as the requirements of

22 the tax Act are satisfied in accordance with subsection (g) of

23 Section 2105-15 of the Civil Administrative Code of Illinois.

24  (c) (Blank).

25  (d) In cases where the Department of Healthcare and Family

26 Services has previously determined that a licensee or a
    HB3711 Enrolled  - 286 - LRB104 09787 AAS 19853 b

1 potential licensee is more than 30 days delinquent in the

2 payment of child support and has subsequently certified the

3 delinquency to the Department, the Department may refuse to

4 issue or renew or may revoke or suspend that person's license

5 or may take other disciplinary action against that person

6 based solely upon the certification of delinquency made by the

7 Department of Healthcare and Family Services in accordance

8 with item (5) of subsection (a) of Section 2105-15 of the Civil

9 Administrative Code of Illinois.

10  (e) The determination by a circuit court that a licensee

11 is subject to involuntary admission or judicial admission, as

12 provided in the Mental Health and Developmental Disabilities

13 Code, operates as an automatic suspension. The suspension will

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

15 longer subject to involuntary admission or judicial admission

16 and the issuance of a court order so finding and discharging

17 the patient.

18  (f) In enforcing this Act, the Department or Board, upon a

19 showing of a possible violation, may compel an individual

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

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

22 examination, or both, as required by and at the expense of the

23 Department. The Department or Board may order the examining

24 physician to present testimony concerning the mental or

25 physical examination of the licensee or applicant. No

26 information shall be excluded by reason of any common law or
    HB3711 Enrolled  - 287 - LRB104 09787 AAS 19853 b

1 statutory privilege relating to communications between the

2 licensee or applicant and the examining physician. The

3 examining physician shall be specifically designated by the

4 Board or Department. The individual to be examined may have,

5 at his or her own expense, another physician of his or her

6 choice present during all aspects of this examination. The

7 examination shall be performed by a physician licensed to

8 practice medicine in all its branches. Failure of an

9 individual to submit to a mental or physical examination, when

10 directed, shall result in an automatic suspension without

11 hearing.

12  A person holding a license under this Act or who has

13 applied for a license under this Act who, because of a physical

14 or mental illness or disability, including, but not limited

15 to, deterioration through the aging process or loss of motor

16 skill, is unable to practice the profession with reasonable

17 judgment, skill, or safety, may be required by the Department

18 to submit to care, counseling, or treatment by physicians

19 approved or designated by the Department as a condition, term,

20 or restriction for continued, reinstated, or renewed licensure

21 to practice. Submission to care, counseling, or treatment as

22 required by the Department shall not be considered discipline

23 of a license. If the licensee refuses to enter into a care,

24 counseling, or treatment agreement or fails to abide by the

25 terms of the agreement, the Department may file a complaint to

26 revoke, suspend, or otherwise discipline the license of the
    HB3711 Enrolled  - 288 - LRB104 09787 AAS 19853 b

1 individual. The Secretary may order the license suspended

2 immediately, pending a hearing by the Department. Fines shall

3 not be assessed in disciplinary actions involving physical or

4 mental illness or impairment.

5   In instances in which the Secretary immediately suspends a

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

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

8 days after the suspension and completed without appreciable

9 delay. The Department and Board shall have the authority to

10 review the subject individual's record of treatment and

11 counseling regarding the impairment to the extent permitted by

12 applicable federal statutes and regulations safeguarding the

13 confidentiality of medical records.

14  An individual licensed under this Act and subject to

15 action under this Section shall be afforded an opportunity to

16 demonstrate to the Department or Board that he or she can

17 resume practice in compliance with acceptable and prevailing

18 standards under the provisions of his or her license.

19 (Source: P.A. 100-872, eff. 8-14-18; 101-81, eff. 7-12-19.)

20  Section 140. The Illinois Speech-Language Pathology and

21 Audiology Practice Act is amended by changing Section 16 as

22 follows:

23  (225 ILCS 110/16) (from Ch. 111, par. 7916)

24  (Section scheduled to be repealed on January 1, 2028)
    HB3711 Enrolled  - 289 - LRB104 09787 AAS 19853 b

1   Sec. 16. Refusal, revocation or suspension of licenses.

2   (1) The Department may refuse to issue or renew, or may

3 revoke, suspend, place on probation, censure, reprimand or

4 take other disciplinary or non-disciplinary action as the

5 Department may deem proper, including fines not to exceed

6 $10,000 for each violation, with regard to any license for any

7 one or combination of the following causes:

8   (a) Fraud in procuring the license.

9   (b) (Blank).

10  (c) Willful or repeated violations of the rules of the

11  Department of Public Health.

12  (d) Division of fees or agreeing to split or divide

13  the fees received for speech-language pathology or

14  audiology services with any person for referring an

15  individual, or assisting in the care or treatment of an

16  individual, without the knowledge of the individual or his

17  or her legal representative. Nothing in this paragraph (d)

18  affects any bona fide independent contractor or employment

19  arrangements among health care professionals, health

20  facilities, health care providers, or other entities,

21  except as otherwise prohibited by law. Any employment

22  arrangements may include provisions for compensation,

23  health insurance, pension, or other employment benefits

24  for the provision of services within the scope of the

25  licensee's practice under this Act. Nothing in this

26  paragraph (d) shall be construed to require an employment
    HB3711 Enrolled  - 290 - LRB104 09787 AAS 19853 b

1   arrangement to receive professional fees for services

2   rendered.

3   (e) Employing, procuring, inducing, aiding or abetting

4   a person not licensed as a speech-language pathologist or

5   audiologist to engage in the unauthorized practice of

6   speech-language pathology or audiology.

7   (e-5) Employing, procuring, inducing, aiding, or

8   abetting a person not licensed as a speech-language

9   pathology assistant to perform the functions and duties of

10  a speech-language pathology assistant.

11  (f) Making any misrepresentations or false promises,

12  directly or indirectly, to influence, persuade or induce

13  patronage.

14  (g) Professional connection or association with, or

15  lending his or her name to another for the illegal

16  practice of speech-language pathology or audiology by

17  another, or professional connection or association with

18  any person, firm or corporation holding itself out in any

19  manner contrary to this Act.

20  (h) Obtaining or seeking to obtain checks, money, or

21  any other things of value by false or fraudulent

22  representations, including but not limited to, engaging in

23  such fraudulent practice to defraud the medical assistance

24  program of the Department of Healthcare and Family

25  Services (formerly Department of Public Aid).

26  (i) Practicing under a name other than his or her own.
    HB3711 Enrolled          - 291 - LRB104 09787 AAS 19853 b

1   (j) Improper, unprofessional or dishonorable conduct

2   of a character likely to deceive, defraud or harm the

3   public.

4   (k) Conviction by plea of guilty or nolo contendere,

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

6   sentencing, including, but not limited to, convictions,

7   preceding sentences of supervision, conditional discharge,

8   or first offender probation, under the laws of any

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

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

11  dishonesty, or that is directly related to the practice of

12  the profession.

13  (1) Permitting a person under his or her supervision

14  to perform any function not authorized by this Act.

15  (m) A violation of any provision of this Act or rules

16  promulgated thereunder.

17  (n) Discipline by another state, the District of

18  Columbia, territory, or foreign nation of a license to

19  practice speech-language pathology or audiology or a

20  license to practice as a speech-language pathology

21  assistant in its jurisdiction if at least one of the

22  grounds for that discipline is the same as or the

23  equivalent of one of the grounds for discipline set forth

24  herein.

25  (o) Willfully failing to report an instance of

26  suspected child abuse or neglect as required by the Abused
    HB3711 Enrolled  - 292 - LRB104 09787 AAS 19853 b

1   and Neglected Child Reporting Act.

2   (p) Gross or repeated malpractice.

3   (q) Willfully making or filing false records or

4   reports in his or her practice as a speech-language

5   pathologist, speech-language pathology assistant, or

6   audiologist, including, but not limited to, false records

7   to support claims against the public assistance program of

8   the Department of Healthcare and Family Services (formerly

9   Illinois Department of Public Aid).

10  (r) Professional incompetence as manifested by poor

11  standards of care or mental incompetence as declared by a

12  court of competent jurisdiction.

13  (s) Repeated irregularities in billing a third party

14  for services rendered to an individual. For purposes of

15  this Section, "irregularities in billing" shall include:

16      (i) reporting excessive charges for the purpose of

17  obtaining a total payment in excess of that usually

18  received by the speech-language pathologist,

19  speech-language pathology assistant, or audiologist

20  for the services rendered;

21      (ii) reporting charges for services not rendered;

22  or

23      (iii) incorrectly reporting services rendered for

24  the purpose of obtaining payment not earned.

25  (t) (Blank).

26  (u) Violation of the Health Care Worker Self-Referral
    HB3711 Enrolled          - 293 - LRB104 09787 AAS 19853 b

1   Act.

2   (v) Inability to practice with reasonable judgment,

3   skill, or safety as a result of habitual or excessive use

4   of or addiction to alcohol, narcotics, or stimulants or

5   any other chemical agent or drug or as a result of physical

6   illness, including, but not limited to, deterioration

7   through the aging process or loss of motor skill, mental

8   illness, or disability.

9   (w) Violation of the Hearing Instrument Consumer

10  Protection Act.

11  (x) Failure by a speech-language pathology assistant

12  and supervising speech-language pathologist to comply with

13  the supervision requirements set forth in Section 8.8.

14  (y) Willfully exceeding the scope of duties

15  customarily undertaken by speech-language pathology

16  assistants set forth in Section 8.7 that results in, or

17  may result in, harm to the public.

18  (z) Willfully failing to report an instance of

19  suspected abuse, neglect, financial exploitation, or

20  self-neglect of an eligible adult as defined in and

21  required by the Adult Protective Services Act.

22  (aa) Being named as a perpetrator in an indicated

23  report by the Department on Aging under the Adult

24  Protective Services Act and upon the indicated report

25  becoming final after a hearing or opportunity for a

26  hearing., and upon proof by clear and convincing evidence
    HB3711 Enrolled  - 294 - LRB104 09787 AAS 19853 b

1   that the licensee has caused an eligible adult to be

2   abused, neglected, or financially exploited as defined in

3   the Adult Protective Services Act.

4   (bb) Violating Section 8.2 of this Act.

5   (cc) Violating Section 8.3 of this Act.

6   (dd) Failing to report actual or alleged reportable

7   conduct in accordance with Section 2105-390 of the

8   Department of Professional Regulation Law of the Civil

9   Administrative Code of Illinois.

10  (2) (Blank).

11  (3) The entry of an order by a circuit court establishing

12 that any person holding a license under this Act is subject to

13 involuntary admission or judicial admission as provided for in

14 the Mental Health and Developmental Disabilities Code,

15 operates as an automatic suspension of that license. That

16 person may have his or her license restored only upon the

17 determination by a circuit court that the patient is no longer

18 subject to involuntary admission or judicial admission and the

19 issuance of an order so finding and discharging the patient,

20 and upon the Board's recommendation to the Department that the

21 license be restored. Where the circumstances so indicate, the

22 Board may recommend to the Department that it require an

23 examination prior to restoring any license automatically

24 suspended under this subsection.

25  (4) The Department may refuse to issue or may suspend the

26 license of any person who fails to file a return, or to pay the
    HB3711 Enrolled   - 295 - LRB104 09787 AAS 19853 b

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

2 any final assessment of the tax penalty or interest, as

3 required by any tax Act administered by the Department of

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

5 Act are satisfied.

6   (5) In enforcing this Section, the Board upon a showing of

7 a possible violation may compel an individual licensed to

8 practice under this Act, or who has applied for licensure

9 pursuant to this Act, to submit to a mental or physical

10 examination, or both, as required by and at the expense of the

11 Department. The examining physicians or clinical psychologists

12 shall be those specifically designated by the Board. The

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

14 another physician or clinical psychologist of his or her

15 choice present during all aspects of this examination. Failure

16 of any individual to submit to a mental or physical

17 examination, when directed, shall be grounds for suspension of

18 his or her license until the individual submits to the

19 examination if the Board finds, after notice and hearing, that

20 the refusal to submit to the examination was without

21 reasonable cause.

22  If the Board finds an individual unable to practice

23 because of the reasons set forth in this Section, the Board may

24 require that individual to submit to care, counseling, or

25 treatment by physicians or clinical psychologists approved or

26 designated by the Board, as a condition, term, or restriction
    HB3711 Enrolled        - 296 - LRB104 09787 AAS 19853 b

1 for continued, restored, or renewed licensure to practice; or,

2 in lieu of care, counseling, or treatment, the Board may

3 recommend to the Department to file a complaint to immediately

4 suspend, revoke, or otherwise discipline the license of the

5 individual. Any individual whose license was granted,

6 continued, restored, renewed, disciplined or supervised

7 subject to such terms, conditions, or restrictions, and who

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

9 shall be referred to the Secretary for a determination as to

10 whether the individual shall have his or her license suspended

11 immediately, pending a hearing by the Board.

12  In instances in which the Secretary immediately suspends a

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

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

15 after the suspension and completed without appreciable delay.

16 The Board shall have the authority to review the subject

17 individual's record of treatment and counseling regarding the

18 impairment to the extent permitted by applicable federal

19 statutes and regulations safeguarding the confidentiality of

20 medical records.

21  An individual licensed under this Act and affected under

22 this Section shall be afforded an opportunity to demonstrate

23 to the Board that he or she can resume practice in compliance

24 with acceptable and prevailing standards under the provisions

25 of his or her license.

26 (Source: P.A. 100-530, eff. 1-1-18; 100-872, eff. 8-14-18.)
    HB3711 Enrolled         - 297 - LRB104 09787 AAS 19853 b

1   Section 145. The Perfusionist Practice Act is amended by

2 changing Section 105 as follows:

3   (225 ILCS 125/105)

4   (Section scheduled to be repealed on January 1, 2030)

5   Sec. 105. Grounds for disciplinary action.

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

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

8 reprimand, or take any other disciplinary or non-disciplinary

9 action as the Department may deem proper, including fines not

10 to exceed $10,000 per violation with regard to any license

11 issued under this Act, for any one or a combination of the

12 following reasons:

13  (1) Making a material misstatement in furnishing

14  information to the Department.

15  (2) Negligence, incompetence, or misconduct in the

16  practice of perfusion.

17  (3) Failure to comply with any provisions of this Act

18  or any of its rules.

19  (4) Fraud or any misrepresentation in applying for or

20  procuring a license under this Act or in connection with

21  applying for renewal or restoration of a license under

22  this Act.

23  (5) Purposefully making false statements or signing

24  false statements, certificates, or affidavits to induce
    HB3711 Enrolled  - 298 - LRB104 09787 AAS 19853 b

1   payment.

2   (6) Conviction of or entry of a plea of guilty or nolo

3   contendere, finding of guilt, jury verdict, or entry of

4   judgment or sentencing, including, but not limited to,

5   convictions, preceding sentences of supervision,

6   conditional discharge, or first offender probation under

7   the laws of any jurisdiction of the United States that is

8   (i) a felony or (ii) a misdemeanor, an essential element

9   of which is dishonesty, that is directly related to the

10  practice of the profession of perfusion.

11  (7) Aiding or assisting another in violating any

12  provision of this Act or its rules.

13  (8) Failing to provide information in response to a

14  written request made by the Department within 60 days

15  after receipt of such written request.

16  (9) Engaging in dishonorable, unethical, or

17  unprofessional conduct of a character likely to deceive,

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

19  (10) Habitual or excessive use or abuse of drugs

20  defined in law as controlled substances, of alcohol,

21  narcotics, stimulants, or any other substances that

22  results in the inability to practice with reasonable

23  judgment, skill, or safety.

24  (11) A finding by the Department that an applicant or

25  licensee has failed to pay a fine imposed by the

26  Department.
    HB3711 Enrolled          - 299 - LRB104 09787 AAS 19853 b

1   (12) A finding by the Department that the licensee,

2   after having his or her license placed on probationary

3   status, has violated the terms of probation, or failed to

4   comply with such terms.

5   (13) Inability to practice the profession with

6   reasonable judgment, skill, or safety as a result of

7   physical illness, including, but not limited to,

8   deterioration through the aging process, loss of motor

9   skill, mental illness, or disability.

10  (14) Discipline by another state, territory, foreign

11  country, the District of Columbia, the United States

12  government, or any other government agency if at least one

13  of the grounds for discipline is the same or substantially

14  equivalent to those set forth in this Act.

15  (15) The making of any willfully false oath or

16  affirmation in any matter or proceeding where an oath or

17  affirmation is required by this Act.

18  (16) Using or attempting to use an expired, inactive,

19  suspended, or revoked license, or the certificate or seal

20  of another, or impersonating another licensee.

21  (17) Directly or indirectly giving to or receiving

22  from any person or entity any fee, commission, rebate, or

23  other form of compensation for any professional service

24  not actually or personally rendered.

25  (18) Willfully making or filing false records or

26  reports related to the licensee's practice, including, but
    HB3711 Enrolled  - 300 - LRB104 09787 AAS 19853 b

1   not limited to, false records filed with federal or State

2   agencies or departments.

3   (19) Willfully failing to report an instance of

4   suspected child abuse or neglect as required under the

5   Abused and Neglected Child Reporting Act.

6   (20) Being named as a perpetrator in an indicated

7   report by the Department of Children and Family Services

8   under the Abused and Neglected Child Reporting Act and

9   upon the indicated report becoming final after a hearing

10  or opportunity for a hearing.and upon proof, by clear and

11  convincing evidence, that the licensee has caused a child

12  to be an abused child or neglected child as defined in the

13  Abused and Neglected Child Reporting Act.

14  (21) Immoral conduct in the commission of an act

15  related to the licensee's practice, including but not

16  limited to sexual abuse, sexual misconduct, or sexual

17  exploitation.

18  (22) Violation of the Health Care Worker Self-Referral

19  Act.

20  (23) Solicitation of business or professional

21  services, other than permitted advertising.

22  (24) Conviction of or cash compromise of a charge or

23  violation of the Illinois Controlled Substances Act.

24  (25) Gross, willful, or continued overcharging for

25  professional services, including filing false statements

26  for collection of fees for which services are not
    HB3711 Enrolled  - 301 - LRB104 09787 AAS 19853 b

1   rendered.

2   (26) Practicing under a false name or, except as

3   allowed by law, an assumed name.

4   (27) Failing to report actual or alleged reportable

5   conduct in accordance with Section 2105-390 of the

6   Department of Professional Regulation Law of the Civil

7   Administrative Code of Illinois.

8   (b) In enforcing this Section, the Department or Board,

9 upon a showing of a possible violation, may order a licensee or

10 applicant to submit to a mental or physical examination, or

11 both, at the expense of the Department. The Department or

12 Board may order the examining physician to present testimony

13 concerning his or her examination of the licensee or

14 applicant. No information shall be excluded by reason of any

15 common law or statutory privilege relating to communications

16 between the licensee or applicant and the examining physician.

17 The examining physicians shall be specifically designated by

18 the Board or Department. The licensee or applicant may have,

19 at his or her own expense, another physician of his or her

20 choice present during all aspects of the examination. Failure

21 of a licensee or applicant to submit to any such examination

22 when directed, without reasonable cause as defined by rule,

23 shall be grounds for either the immediate suspension of his or

24 her license or immediate denial of his or her application.

25  (1) If the Secretary immediately suspends the license

26  of a licensee for his or her failure to submit to a mental
    HB3711 Enrolled  - 302 - LRB104 09787 AAS 19853 b

1   or physical examination when directed, a hearing must be

2   convened by the Department within 15 days after the

3   suspension and completed without appreciable delay.

4   (2) If the Secretary otherwise suspends a license

5   pursuant to the results of the licensee's mental or

6   physical examination, a hearing must be convened by the

7   Department within 15 days after the suspension and

8   completed without appreciable delay. The Department and

9   Board shall have the authority to review the licensee's

10  record of treatment and counseling regarding the relevant

11  impairment or impairments to the extent permitted by

12  applicable federal statutes and regulations safeguarding

13  the confidentiality of medical records.

14  (3) Any licensee suspended or otherwise affected under

15  this subsection (b) shall be afforded an opportunity to

16  demonstrate to the Department or Board that he or she can

17  resume practice in compliance with the acceptable and

18  prevailing standards under the provisions of his or her

19  license.

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

21 is subject to involuntary admission or judicial admission as

22 provided in the Mental Health and Developmental Disabilities

23 Code operates as an automatic suspension. The suspension will

24 end only upon a finding by a court that the licensee is no

25 longer subject to involuntary admission or judicial admission

26 and issues an order so finding and discharging the licensee;
    HB3711 Enrolled  - 303 - LRB104 09787 AAS 19853 b

1 and upon the recommendation of the Board to the Secretary that

2 the licensee be allowed to resume his or her practice.

3   (d) In cases where the Department of Healthcare and Family

4 Services (formerly the Department of Public Aid) has

5 previously determined that a licensee or a potential licensee

6 is more than 30 days delinquent in the payment of child support

7 and has subsequently certified the delinquency to the

8 Department, the Department shall refuse to issue or renew or

9 shall revoke or suspend that person's license or shall take

10 other disciplinary action against that person based solely

11 upon the certification of delinquency made by the Department

12 of Healthcare and Family Services in accordance with

13 subdivision (a)(5) of Section 2105-15 of the Department of

14 Professional Regulation Law of the Civil Administrative Code

15 of Illinois.

16  (e) The Department shall deny a license or renewal

17 authorized by this Act to a person who has failed to file a

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

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

20 interest as required by any tax Act administered by the

21 Department of Revenue, until the requirements of the tax Act

22 are satisfied in accordance with subsection (g) of Section

23 2105-15 of the Department of Professional Regulation Law of

24 the Civil Administrative Code of Illinois.

25 (Source: P.A. 101-311, eff. 8-9-19; 102-558, eff. 8-20-21.)
    HB3711 Enrolled    - 304 - LRB104 09787 AAS 19853 b

1   Section 150. The Registered Surgical Assistant and

2 Registered Surgical Technologist Title Protection Act is

3 amended by changing Section 75 as follows:

4   (225 ILCS 130/75)

5   (Section scheduled to be repealed on January 1, 2029)

6   Sec. 75. Grounds for disciplinary action.

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

8 a registration, may revoke or suspend a registration, or may

9 place on probation, reprimand, or take other disciplinary or

10 non-disciplinary action with regard to a person registered

11 under this Act, including, but not limited to, the imposition

12 of fines not to exceed $10,000 for each violation and the

13 assessment of costs as provided for in Section 90, for any one

14 or combination of the following causes:

15  (1) Making a material misstatement in furnishing

16  information to the Department.

17  (2) Violating a provision of this Act or rules adopted

18  under this Act.

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

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

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

22  convictions, preceding sentences of supervision,

23  conditional discharge, or first offender probation, under

24  the laws of any jurisdiction of the United States that is

25  (i) a felony or (ii) a misdemeanor, an essential element
    HB3711 Enrolled  - 305 - LRB104 09787 AAS 19853 b

1   of which is dishonesty, or that is directly related to the

2   practice of the profession.

3   (4) Fraud or misrepresentation in applying for,

4   renewing, restoring, reinstating, or procuring a

5   registration under this Act.

6   (5) Aiding or assisting another person in violating a

7   provision of this Act or its rules.

8   (6) Failing to provide information within 60 days in

9   response to a written request made by the Department.

10  (7) Engaging in dishonorable, unethical, or

11  unprofessional conduct of a character likely to deceive,

12  defraud, or harm the public, as defined by rule of the

13  Department.

14  (8) Discipline by another United States jurisdiction,

15  governmental agency, unit of government, or foreign

16  nation, if at least one of the grounds for discipline is

17  the same or substantially equivalent to those set forth in

18  this Section.

19  (9) Directly or indirectly giving to or receiving from

20  a person, firm, corporation, partnership, or association a

21  fee, commission, rebate, or other form of compensation for

22  professional services not actually or personally rendered.

23  Nothing in this paragraph (9) affects any bona fide

24  independent contractor or employment arrangements among

25  health care professionals, health facilities, health care

26  providers, or other entities, except as otherwise
    HB3711 Enrolled  - 306 - LRB104 09787 AAS 19853 b

1   prohibited by law. Any employment arrangements may include

2   provisions for compensation, health insurance, pension, or

3   other employment benefits for the provision of services

4   within the scope of the registrant's practice under this

5   Act. Nothing in this paragraph (9) shall be construed to

6   require an employment arrangement to receive professional

7   fees for services rendered.

8   (10) A finding by the Department that the registrant,

9   after having the registration placed on probationary

10  status, has violated the terms of probation.

11  (11) Willfully making or filing false records or

12  reports in the practice, including, but not limited to,

13  false records or reports filed with State agencies.

14  (12) Willfully making or signing a false statement,

15  certificate, or affidavit to induce payment.

16  (13) Willfully failing to report an instance of

17  suspected child abuse or neglect as required under the

18  Abused and Neglected Child Reporting Act.

19  (14) Being named as a perpetrator in an indicated

20  report by the Department of Children and Family Services

21  under the Abused and Neglected Child Reporting Act and

22  upon the indicated report becoming final after a hearing

23  or opportunity for a hearing. and upon proof by clear and

24  convincing evidence that the registrant has caused a child

25  to be an abused child or neglected child as defined in the

26  Abused and Neglected Child Reporting Act.
    HB3711 Enrolled  - 307 - LRB104 09787 AAS 19853 b

1   (15) (Blank).

2   (16) Failure to report to the Department (A) any

3   adverse final action taken against the registrant by

4   another registering or licensing jurisdiction, government

5   agency, law enforcement agency, or any court or (B)

6   liability for conduct that would constitute grounds for

7   action as set forth in this Section.

8   (17) Habitual or excessive use or abuse of drugs

9   defined in law as controlled substances, alcohol, or any

10  other substance that results in the inability to practice

11  with reasonable judgment, skill, or safety.

12  (18) Physical or mental illness, including, but not

13  limited to, deterioration through the aging process or

14  loss of motor skills, which results in the inability to

15  practice the profession for which the person is registered

16  with reasonable judgment, skill, or safety.

17  (19) Gross malpractice.

18  (20) Immoral conduct in the commission of an act

19  related to the registrant's practice, including, but not

20  limited to, sexual abuse, sexual misconduct, or sexual

21  exploitation.

22  (21) Violation of the Health Care Worker Self-Referral

23  Act.

24  (22) Failure to report actual or alleged reportable

25  conduct in accordance with Section 2105-390 of the

26  Department of Professional Regulation Law of the Civil
    HB3711 Enrolled  - 308 - LRB104 09787 AAS 19853 b

1   Administrative Code of Illinois.

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

3 without hearing the registration of a person who fails to file

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

5 return, or to pay a final assessment of the tax, penalty, or

6 interest as required by a tax Act administered by the

7 Department of Revenue, until the requirements of the tax Act

8 are satisfied in accordance with subsection (g) of Section

9 2105-15 of the Department of Professional Regulation Law of

10 the Civil Administrative Code of Illinois.

11  (b-1) The Department shall not revoke, suspend, summarily

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

13 renew, or take any other disciplinary or non-disciplinary

14 action against a person's authorization to practice under this

15 Act based solely upon the person providing, authorizing,

16 recommending, aiding, assisting, referring for, or otherwise

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

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

19 whether the patient was a resident of this State or another

20 state.

21  (b-2) The Department shall not revoke, suspend, summarily

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

23 renew, or take any other disciplinary or non-disciplinary

24 action against a person's authorization to practice under this

25 Act based upon the person's license, registration, or permit

26 being revoked or suspended, or the person being otherwise
    HB3711 Enrolled  - 309 - LRB104 09787 AAS 19853 b

1 disciplined, by any other state if that revocation,

2 suspension, or other form of discipline was based solely on

3 the person violating another state's laws prohibiting the

4 provision of, authorization of, recommendation of, aiding or

5 assisting in, referring for, or participation in any health

6 care service if that health care service as provided would not

7 have been unlawful under the laws of this State and is

8 consistent with the applicable standard of conduct for the

9 person practicing in this State under this Act.

10  (b-3) The conduct specified in subsection (b-1) or (b-2)

11 shall not constitute grounds for suspension under Section 145.

12  (b-4) An applicant seeking licensure, certification, or

13 authorization pursuant to this Act who has been subject to

14 disciplinary action by a duly authorized professional

15 disciplinary agency of another jurisdiction solely on the

16 basis of having provided, authorized, recommended, aided,

17 assisted, referred for, or otherwise participated in health

18 care shall not be denied such licensure, certification, or

19 authorization, unless the Department determines that such

20 action would have constituted professional misconduct in this

21 State. Nothing in this Section shall be construed as

22 prohibiting the Department from evaluating the conduct of such

23 applicant and making a determination regarding the licensure,

24 certification, or authorization to practice a profession under

25 this Act.

26  (c) The determination by a circuit court that a registrant
    HB3711 Enrolled  - 310 - LRB104 09787 AAS 19853 b

1 is subject to involuntary admission or judicial admission as

2 provided in the Mental Health and Developmental Disabilities

3 Code operates as an automatic suspension. The suspension will

4 end only upon (1) a finding by a court that the patient is no

5 longer subject to involuntary admission or judicial admission,

6 (2) issuance of an order so finding and discharging the

7 patient, and (3) filing of a petition for restoration

8 demonstrating fitness to practice.

9   (d) (Blank).

10  (e) In cases where the Department of Healthcare and Family

11 Services has previously determined a registrant or a potential

12 registrant is more than 30 days delinquent in the payment of

13 child support and has subsequently certified the delinquency

14 to the Department, the Department may refuse to issue or renew

15 or may revoke or suspend that person's registration or may

16 take other disciplinary action against that person based

17 solely upon the certification of delinquency made by the

18 Department of Healthcare and Family Services in accordance

19 with paragraph (5) of subsection (a) of Section 2105-15 of the

20 Department of Professional Regulation Law of the Civil

21 Administrative Code of Illinois.

22  (f) In enforcing this Section, the Department, upon a

23 showing of a possible violation, may compel any individual

24 registered under this Act or any individual who has applied

25 for registration to submit to a mental or physical examination

26 and evaluation, or both, that may include a substance abuse or
    HB3711 Enrolled  - 311 - LRB104 09787 AAS 19853 b

1 sexual offender evaluation, at the expense of the Department.

2 The Department shall specifically designate the examining

3 physician licensed to practice medicine in all of its branches

4 or, if applicable, the multidisciplinary team involved in

5 providing the mental or physical examination and evaluation,

6 or both. The multidisciplinary team shall be led by a

7 physician licensed to practice medicine in all of its branches

8 and may consist of one or more or a combination of physicians

9 licensed to practice medicine in all of its branches, licensed

10 chiropractic physicians, licensed clinical psychologists,

11 licensed clinical social workers, licensed clinical

12 professional counselors, and other professional and

13 administrative staff. Any examining physician or member of the

14 multidisciplinary team may require any person ordered to

15 submit to an examination and evaluation pursuant to this

16 Section to submit to any additional supplemental testing

17 deemed necessary to complete any examination or evaluation

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

19 urinalysis, psychological testing, or neuropsychological

20 testing.

21  The Department may order the examining physician or any

22 member of the multidisciplinary team to provide to the

23 Department any and all records, including business records,

24 that relate to the examination and evaluation, including any

25 supplemental testing performed. The Department may order the

26 examining physician or any member of the multidisciplinary
    HB3711 Enrolled  - 312 - LRB104 09787 AAS 19853 b

1 team to present testimony concerning this examination and

2 evaluation of the registrant or applicant, including testimony

3 concerning any supplemental testing or documents relating to

4 the examination and evaluation. No information, report,

5 record, or other documents in any way related to the

6 examination and evaluation shall be excluded by reason of any

7 common law or statutory privilege relating to communication

8 between the registrant or applicant and the examining

9 physician or any member of the multidisciplinary team. No

10 authorization is necessary from the registrant or applicant

11 ordered to undergo an evaluation and examination for the

12 examining physician or any member of the multidisciplinary

13 team to provide information, reports, records, or other

14 documents or to provide any testimony regarding the

15 examination and evaluation. The individual to be examined may

16 have, at the individual's own expense, another physician of

17 the individual's choice present during all aspects of the

18 examination.

19  Failure of any individual to submit to mental or physical

20 examination and evaluation, or both, when directed, shall

21 result in an automatic suspension without a hearing until such

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

23 Department finds a registrant unable to practice because of

24 the reasons set forth in this Section, the Department shall

25 require such registrant to submit to care, counseling, or

26 treatment by physicians approved or designated by the
    HB3711 Enrolled        - 313 - LRB104 09787 AAS 19853 b

1 Department as a condition for continued, reinstated, or

2 renewed registration.

3   When the Secretary immediately suspends a registration

4 under this Section, a hearing upon such person's registration

5 must be convened by the Department within 15 days after such

6 suspension and completed without appreciable delay. The

7 Department shall have the authority to review the registrant's

8 record of treatment and counseling regarding the impairment to

9 the extent permitted by applicable federal statutes and

10 regulations safeguarding the confidentiality of medical

11 records.

12  Individuals registered under this Act and affected under

13 this Section shall be afforded an opportunity to demonstrate

14 to the Department that they can resume practice in compliance

15 with acceptable and prevailing standards under the provisions

16 of their registration.

17  (g) All fines imposed under this Section shall be paid

18 within 60 days after the effective date of the order imposing

19 the fine or in accordance with the terms set forth in the order

20 imposing the fine.

21  (h) The Department may adopt rules to implement,

22 administer, and enforce this Section.

23 (Source: P.A. 103-387, eff. 1-1-24; 103-605, eff. 7-1-24;

24 104-417, eff. 8-15-25; 104-432, eff. 1-1-26.)

25  Section 155. The Genetic Counselor Licensing Act is
    HB3711 Enrolled         - 314 - LRB104 09787 AAS 19853 b

1 amended by changing Section 95 as follows:

2   (225 ILCS 135/95)

3   (Section scheduled to be repealed on January 1, 2030)

4   Sec. 95. Grounds for discipline.

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

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

7 disciplinary or non-disciplinary action as the Department

8 deems appropriate, including the issuance of fines not to

9 exceed $10,000 for each violation, with regard to any license

10 for any one or more of the following:

11  (1) Material misstatement in furnishing information to

12  the Department or to any other State agency.

13  (2) Violations or negligent or intentional disregard

14  of this Act, or any of its rules.

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

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

17  sentencing, including, but not limited to, convictions,

18  preceding sentences of supervision, conditional discharge,

19  or first offender probation, under the laws of any

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

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

22  is dishonesty, or that is directly related to the practice

23  of genetic counseling.

24  (4) Making any misrepresentation for the purpose of

25  obtaining a license, or violating any provision of this
    HB3711 Enrolled       - 315 - LRB104 09787 AAS 19853 b

1   Act or its rules.

2   (5) Negligence in the rendering of genetic counseling

3   services.

4   (6) Failure to provide genetic testing results and any

5   requested information to a referring physician licensed to

6   practice medicine in all its branches, advanced practice

7   registered nurse, or physician assistant.

8   (7) Aiding or assisting another person in violating

9   any provision of this Act or any rules.

10  (8) Failing to provide information within 60 days in

11  response to a written request made by the Department.

12  (9) Engaging in dishonorable, unethical, or

13  unprofessional conduct of a character likely to deceive,

14  defraud, or harm the public and violating the rules of

15  professional conduct adopted by the Department.

16  (10) Failing to maintain the confidentiality of any

17  information received from a client, unless otherwise

18  authorized or required by law.

19  (10.5) Failure to maintain client records of services

20  provided and provide copies to clients upon request.

21  (11) Exploiting a client for personal advantage,

22  profit, or interest.

23  (12) Habitual or excessive use or addiction to

24  alcohol, narcotics, stimulants, or any other chemical

25  agent or drug which results in inability to practice with

26  reasonable skill, judgment, or safety.
    HB3711 Enrolled  - 316 - LRB104 09787 AAS 19853 b

1   (13) Discipline by another governmental agency or unit

2   of government, by any jurisdiction of the United States,

3   or by a foreign nation, if at least one of the grounds for

4   the discipline is the same or substantially equivalent to

5   those set forth in this Section.

6   (14) Directly or indirectly giving to or receiving

7   from any person, firm, corporation, partnership, or

8   association any fee, commission, rebate, or other form of

9   compensation for any professional service not actually

10  rendered. Nothing in this paragraph (14) affects any bona

11  fide independent contractor or employment arrangements

12  among health care professionals, health facilities, health

13  care providers, or other entities, except as otherwise

14  prohibited by law. Any employment arrangements may include

15  provisions for compensation, health insurance, pension, or

16  other employment benefits for the provision of services

17  within the scope of the licensee's practice under this

18  Act. Nothing in this paragraph (14) shall be construed to

19  require an employment arrangement to receive professional

20  fees for services rendered.

21  (15) A finding by the Department that the licensee,

22  after having the license placed on probationary status,

23  has violated the terms of probation.

24  (16) Failing to refer a client to other health care

25  professionals when the licensee is unable or unwilling to

26  adequately support or serve the client.
    HB3711 Enrolled  - 317 - LRB104 09787 AAS 19853 b

1   (17) Willfully filing false reports relating to a

2   licensee's practice, including, but not limited to, false

3   records filed with federal or State agencies or

4   departments.

5   (18) Willfully failing to report an instance of

6   suspected child abuse or neglect as required by the Abused

7   and Neglected Child Reporting Act.

8   (19) Being named as a perpetrator in an indicated

9   report by the Department of Children and Family Services

10  pursuant to the Abused and Neglected Child Reporting Act

11  and upon the indicated report becoming final after a

12  hearing or opportunity for a hearing., and upon proof by

13  clear and convincing evidence that the licensee has caused

14  a child to be an abused child or neglected child as defined

15  in the Abused and Neglected Child Reporting Act.

16  (20) Physical or mental disability, including

17  deterioration through the aging process or loss of

18  abilities and skills which results in the inability to

19  practice the profession with reasonable judgment, skill,

20  or safety.

21  (21) Solicitation of professional services by using

22  false or misleading advertising.

23  (22) Failure to file a return, or to pay the tax,

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

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

26  by any tax Act administered by the Illinois Department of
    HB3711 Enrolled  - 318 - LRB104 09787 AAS 19853 b

1   Revenue or any successor agency or the Internal Revenue

2   Service or any successor agency.

3   (23) Fraud or making any misrepresentation in applying

4   for or procuring a license under this Act or in connection

5   with applying for renewal of a license under this Act.

6   (24) Practicing or attempting to practice under a name

7   other than the full name as shown on the license or any

8   other legally authorized name.

9   (25) Gross overcharging for professional services,

10  including filing statements for collection of fees or

11  moneys for which services are not rendered.

12  (26) (Blank).

13  (27) Charging for professional services not rendered,

14  including filing false statements for the collection of

15  fees for which services are not rendered.

16  (28) Allowing one's license under this Act to be used

17  by an unlicensed person in violation of this Act.

18  (29) Failure to report actual or alleged reportable

19  conduct in accordance with Section 2105-390 of the

20  Department of Professional Regulation Law of the Civil

21  Administrative Code of Illinois.

22  (b) (Blank).

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

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

25 renew, or take any other disciplinary or non-disciplinary

26 action against a person's authorization to practice under this
    HB3711 Enrolled  - 319 - LRB104 09787 AAS 19853 b

1 Act based solely upon the person authorizing, recommending,

2 aiding, assisting, referring for, or otherwise participating

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

4 unlawful under the laws of this State, regardless of whether

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

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

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

8 renew, or take any other disciplinary or non-disciplinary

9 action against a person's authorization to practice under this

10 Act based upon the person's license, registration, or permit

11 being revoked or suspended, or the person being otherwise

12 disciplined, by any other state if that revocation,

13 suspension, or other form of discipline was based solely on

14 the person violating another state's laws prohibiting the

15 provision of, authorization of, recommendation of, aiding or

16 assisting in, referring for, or participation in any health

17 care service if that health care service as provided would not

18 have been unlawful under the laws of this State and is

19 consistent with the applicable standard of conduct for the

20 person practicing in Illinois under this Act.

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

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

23 Section 160.

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

25 authorization pursuant to this Act who has been subject to

26 disciplinary action by a duly authorized professional
    HB3711 Enrolled  - 320 - LRB104 09787 AAS 19853 b

1 disciplinary agency of another jurisdiction solely on the

2 basis of having authorized, recommended, aided, assisted,

3 referred for, or otherwise participated in health care shall

4 not be denied such licensure, certification, or authorization,

5 unless the Department determines that such action would have

6 constituted professional misconduct in this State; however,

7 nothing in this Section shall be construed as prohibiting the

8 Department from evaluating the conduct of such applicant and

9 making a determination regarding the licensure, certification,

10 or authorization to practice a profession under this Act.

11  (c) The determination by a court that a licensee is

12 subject to involuntary admission or judicial admission as

13 provided in the Mental Health and Developmental Disabilities

14 Code will result in an automatic suspension of the license.

15 The suspension will end upon a finding by a court that the

16 licensee is no longer subject to involuntary admission or

17 judicial admission, the issuance of an order so finding and

18 discharging the patient, and the determination of the

19 Secretary that the licensee be allowed to resume professional

20 practice.

21  (d) The Department may refuse to issue or renew or may

22 suspend without hearing the license of any person who fails to

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

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

25 penalty, or interest as required by any Act regarding the

26 payment of taxes administered by the Illinois Department of
    HB3711 Enrolled  - 321 - LRB104 09787 AAS 19853 b

1 Revenue until the requirements of the Act are satisfied in

2 accordance with subsection (g) of Section 2105-15 of the Civil

3 Administrative Code of Illinois.

4   (e) In cases where the Department of Healthcare and Family

5 Services has previously determined that a licensee or a

6 potential licensee is more than 30 days delinquent in the

7 payment of child support and has subsequently certified the

8 delinquency to the Department, the Department may refuse to

9 issue or renew or may revoke or suspend that person's license

10 or may take other disciplinary action against that person

11 based solely upon the certification of delinquency made by the

12 Department of Healthcare and Family Services in accordance

13 with item (5) of subsection (a) of Section 2105-15 of the

14 Department of Professional Regulation Law of the Civil

15 Administrative Code of Illinois.

16  (f) All fines or costs imposed under this Section shall be

17 paid within 60 days after the effective date of the order

18 imposing the fine or costs or in accordance with the terms set

19 forth in the order imposing the fine.

20  (g) The Department may adopt rules to implement,

21 administer, and enforce this Section.

22 (Source: P.A. 103-763, eff. 1-1-25; 104-432, eff. 1-1-26.)

23  Section 160. The Professional Service Corporation Act is

24 amended by changing Section 13 as follows:
    HB3711 Enrolled   - 322 - LRB104 09787 AAS 19853 b

1   (805 ILCS 10/13) (from Ch. 32, par. 415-13)

2   Sec. 13. The regulating authority which issued the

3 certificate of registration may suspend or revoke the

4 certificate or may otherwise discipline the certificate holder

5 for any of the following reasons:

6   (a) The revocation or suspension of the license to

7 practice the profession of any officer, director, shareholder

8 or employee not promptly removed or discharged by the

9 corporation; (b) unethical professional conduct on the part of

10 any officer, director, shareholder or employee not promptly

11 removed or discharged by the corporation; (c) the death of the

12 last remaining shareholder; (d) upon finding that the holder

13 of a certificate has failed to comply with the provisions of

14 this Act or the regulations prescribed by the regulating

15 authority that issued it; or (e) the failure to file a return,

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

17 or to pay any final assessment of tax, penalty or interest, as

18 required by any tax Act administered by the Illinois

19 Department of Revenue, until such time as the requirements of

20 any such tax Act are satisfied; or (f) for a certificate of

21 registration issued by the Department of Financial and

22 Professional Regulation, a willful or reckless failure to

23 report in accordance with Section 2105-391 of the Department

24 of Professional Regulation Law of the Civil Administrative

25 Code of Illinois.

26  Before any certificate of registration is suspended or
    HB3711 Enrolled  - 323 - LRB104 09787 AAS 19853 b

1 revoked, the holder shall be given written notice of the

2 proposed action and the reasons therefor, and shall provide a

3 public hearing by the regulating authority, with the right to

4 produce testimony and other evidence concerning the charges

5 made. The notice shall also state the place and date of the

6 hearing which shall be at least 10 days after service of said

7 notice.

8   All orders of regulating authorities denying an

9 application for a certificate of registration, suspending or

10 revoking a certificate of registration, or imposing a civil

11 penalty shall be subject to judicial review pursuant to the

12 provisions of the Administrative Review Law, as now or

13 hereafter amended, and the rules adopted pursuant thereto then

14 in force.

15  The proceedings for judicial review shall be commenced in

16 the circuit court of the county in which the party applying for

17 review is located. If the party is not currently located in

18 Illinois, the venue shall be in Sangamon County. The

19 regulating authority shall not be required to certify any

20 record to the court or file any answer in court or otherwise

21 appear in any court in a judicial review proceeding, unless

22 and until the regulating authority has received from the

23 plaintiff payment of the costs of furnishing and certifying

24 the record, which costs shall be determined by the regulating

25 authority. Exhibits shall be certified without cost. Failure

26 on the part of the plaintiff to file a receipt in court is
    HB3711 Enrolled  - 324 - LRB104 09787 AAS 19853 b

1 grounds for dismissal of the action.
2 (Source: P.A. 99-227, eff. 8-3-15.)

3   Section 165. The Medical Corporation Act is amended by

4 changing Section 10 as follows:

5   (805 ILCS 15/10) (from Ch. 32, par. 640)

6   Sec. 10. The Department may suspend or revoke any

7 certificate of registration or may otherwise discipline the

8 certificate holder for any of the following reasons: (a) the

9 revocation or suspension of the license to practice medicine

10 of any officer, director, shareholder or employee not promptly

11 removed or discharged by the corporation; (b) unethical

12 professional conduct on the part of any officer, director,

13 shareholder or employee not promptly removed or discharged by

14 the corporation; (c) the death of the last remaining

15 shareholder; or (d) upon finding that the holder of a

16 certificate has failed to comply with the provisions of this

17 Act or the regulations prescribed by the Department; or (e) a

18 willful or reckless failure to report in accordance with

19 Section 2105-391 of the Department of Professional Regulation

20 Law of the Civil Administrative Code of Illinois.

21  The Department may refuse to issue or renew or may suspend

22 the certificate of any corporation which fails to file a

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

24 return, or to pay any final assessment of tax, penalty or
    HB3711 Enrolled           - 325 - LRB104 09787 AAS 19853 b

1 interest, as required by any tax Act administered by the
2 Illinois Department of Revenue, until such time as the
3 requirements of any such tax Act are satisfied.
4 (Source: P.A. 99-227, eff. 8-3-15.)

5   Section 170. The Professional Limited Liability Company

6 Act is amended by changing Section 25 as follows:

7   (805 ILCS 185/25)

8   Sec. 25. Suspension, revocation or discipline of

9 certificate of registration.

10  (a) The Department may suspend, revoke, or otherwise

11 discipline the certificate of registration of a professional

12 limited liability company or limited liability company for any

13 of the following reasons:

14  (1) the revocation or suspension of the license to

15  practice the profession of any officer, manager, member,

16  agent, or employee not promptly removed or discharged by

17  the professional limited liability company;

18  (2) unethical professional conduct on the part of any

19  officer, manager, member, agent, or employee not promptly

20  removed or discharged by the professional limited

21  liability company;

22  (3) the death of the last remaining member;

23  (4) upon finding that the holder of the certificate

24  has failed to comply with the provisions of this Act or the
    HB3711 Enrolled    - 326 - LRB104 09787 AAS 19853 b

1   regulations prescribed by the Department; or

2   (5) the failure to file a return, to pay the tax,

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

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

5   by a tax Act administered by the Illinois Department of

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

7   tax Act are satisfied; or.

8   (6) a willful or reckless failure to report in

9   accordance with Section 2105-391 of the Department of

10  Professional Regulation Law of the Civil Administrative

11  Code of Illinois.

12  (b) Before any certificate of registration is suspended or

13 revoked, the holder shall be given written notice of the

14 proposed action and the reasons for the proposed action and

15 shall be provided a public hearing by the Department with the

16 right to produce testimony and other evidence concerning the

17 charges made. The notice shall also state the place and date of

18 the hearing, which shall be at least 10 days after service of

19 the notice.

20  (c) All orders of the Department denying an application

21 for a certificate of registration or suspending or revoking a

22 certificate of registration or imposing a civil penalty shall

23 be subject to judicial review pursuant to the Administrative

24 Review Law.

25  (d) The proceedings for judicial review shall be commenced

26 in the circuit court of the county in which the party applying
    HB3711 Enrolled   - 327 - LRB104 09787 AAS 19853 b

 1 for review is located. If the party is not currently located in
 2 Illinois, the venue shall be in Sangamon County. The
 3 Department shall not be required to certify any record to the
 4 court or file any answer in court or otherwise appear in any
 5 court in a judicial review proceeding, unless and until the
 6 Department has received from the plaintiff payment of the
 7 costs of furnishing and certifying the record, which costs
 8 shall be determined by the Department. Exhibits shall be
 9 certified without cost. Failure on the part of the plaintiff
10 to file a receipt in court is grounds for dismissal of the
11 action.
12 (Source: P.A. 99-227, eff. 8-3-15.)

13  Section 995. No acceleration or delay. Where this Act

14 makes changes in a statute that is represented in this Act by

15 text that is not yet or no longer in effect (for example, a

16 Section represented by multiple versions), the use of that

17 text does not accelerate or delay the taking effect of (i) the

18 changes made by this Act or (ii) provisions derived from any

19 other Public Act.
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