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Illinois General Assembly· HB 5387Governor Approved

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HB5387 Enrolled                     LRB104 18003 AAS 31440 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 Regulatory Sunset Act is amended by

5 changing Sections 4.37 and 4.42 as follows:

6   (5 ILCS 80/4.37)

7   Sec. 4.37. Acts and Articles repealed on January 1, 2027.

8 The following are repealed on January 1, 2027:

9   The Clinical Psychologist Licensing Act.

10  The Illinois Optometric Practice Act of 1987.

11  Articles II, III, IV, V, VI, VIIA, VIIC, XVII, XXXI, and

12 XXXI 1/4 of the Illinois Insurance Code.

13  The Boiler and Pressure Vessel Repairer Regulation Act.

14  The Marriage and Family Therapy Licensing Act.

15  The Boxing and Full-contact Martial Arts Act.

16  The Cemetery Oversight Act.

17  The Community Association Manager Licensing and

18 Disciplinary Act.

19  The Detection of Deception Examiners Act.

20  The Home Inspector License Act.

21  The Massage Licensing Act.

22  The Medical Practice Act of 1987.

23  The Petroleum Equipment Contractors Licensing Act.
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1   The Radiation Protection Act of 1990.

2   The Real Estate Appraiser Licensing Act of 2002.

3   The Registered Interior Designers Act.

4   The Landscape Architecture Registration Act.

5   The Water Well and Pump Installation Contractor's License

6 Act.

7   The Licensed Certified Professional Midwife Practice Act.

8 (Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21;

9 102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff.

10 10-1-22; 102-813, eff. 5-13-22; 103-371, eff. 1-1-24; 103-823,

11 eff. 8-9-24.)

12  (5 ILCS 80/4.42)

13  Sec. 4.42. Acts repealed on January 1, 2032. The following

14 Acts are repealed on January 1, 2032:

15  The Collateral Recovery Act.

16  The Clinical Psychologist Licensing Act.

17  The Illinois Optometric Practice Act of 1987.

18  The Marriage and Family Therapy Licensing Act.

19  The Boxing and Full-contact Martial Arts Act.

20  The Massage Therapy Practice Act.

21  The Medical Practice Act of 1987.

22  The Licensed Certified Professional Midwife Practice Act.

23 (Source: P.A. 103-371, eff. 1-1-24.)

24  Section 10. The Clinical Psychologist Licensing Act is
    HB5387 Enrolled              -3-  LRB104 18003 AAS 31440 b

1 amended by changing Sections 2, 2.5, 3, 4, 4.3, 4.5, 5, 7, 10,
2 11, 11.5, 12.5, 13, 14, 15, 16, 16.1, 21, 21.2, 25, 26, 26.5,
3 and 27 as follows:

4   (225 ILCS 15/2) (from Ch. 111, par. 5352)

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

6   Sec. 2. Definitions. As used in this Act:

7   (1) "Department" means the Department of Financial and

8   Professional Regulation.

9   (2) "Secretary" means the Secretary of Financial and

10  Professional Regulation.

11  (3) "Board" means the Clinical Psychologists Licensing

12  and Disciplinary Board appointed by the Secretary.

13  (4) (Blank).

14  (5) "Clinical psychology" means the independent

15  evaluation, classification, diagnosis, and treatment of

16  mental, emotional, behavioral or nervous disorders or

17  conditions, developmental disabilities, alcoholism and

18  substance abuse, disorders of habit or conduct, and the

19  psychological aspects of physical illness. The practice of

20  clinical         psychology  includes      psychoeducational

21  evaluation, therapy, remediation and consultation, the use

22  of psychological and neuropsychological testing,

23  assessment, psychotherapy, psychoanalysis, hypnosis,

24  biofeedback, and behavioral modification when any of these

25  are used for the purpose of preventing or eliminating
    HB5387 Enrolled         -4-   LRB104 18003 AAS 31440 b

1   psychopathology, or for the amelioration of psychological

2   disorders of individuals or groups. "Clinical psychology"

3   does not include the use of hypnosis by unlicensed persons

4   pursuant to Section 3.

5   (6) A person represents oneself himself to be a

6   "clinical psychologist" or "psychologist" within the

7   meaning of this Act when the person he or she holds himself

8   or herself out to the public by any title or description of

9   services incorporating the words "psychological",

10  "psychologic", "psychologist", "psychology", or "clinical

11  psychologist" or under such title or description offers to

12  render or renders clinical psychological services as

13  defined in paragraph (7) of this Section to individuals or

14  the public for remuneration.

15  (7) "Clinical psychological services" refers to any

16  services under paragraph (5) of this Section if the words

17  "psychological",        "psychologic",  "psychologist",

18  "psychology" or "clinical psychologist" are used to

19  describe such services by the person or organization

20  offering to render or rendering them.

21  (8) "Collaborating physician" means a physician

22  licensed to practice medicine in all of its branches in

23  Illinois who generally prescribes medications for the

24  treatment of mental health disease or illness to the

25  physician's his or her patients in the normal course of

26  the physician's his or her clinical medical practice.
    HB5387 Enrolled         -5-  LRB104 18003 AAS 31440 b

1   (9) "Prescribing psychologist" means a licensed,

2   doctoral level psychologist who has undergone specialized

3   training, has passed an examination as determined by rule,

4   and has received a current license granting prescriptive

5   authority under Section 4.2 of this Act that has not been

6   revoked or suspended from the Department.

7   (10) "Prescriptive authority" means the authority to

8   prescribe, administer, discontinue, or distribute drugs or

9   medicines.

10  (11) "Prescription" means an order for a drug,

11  laboratory test, or any medicines, including controlled

12  substances as defined in the Illinois Controlled

13  Substances Act.

14  (12) "Drugs" has the meaning given to that term in the

15  Pharmacy Practice Act.

16  (13) "Medicines" has the meaning given to that term in

17  the Pharmacy Practice Act.

18  (14) "Address of record" means the designated address

19  recorded by the Department in the applicant's application

20  file or the licensee's license file maintained by the

21  Department's licensure maintenance unit.

22  (15) "Email address of record" means the designated

23  email address recorded by the Department in the

24  applicant's application file or the licensee's license

25  file, as maintained by the Department's licensure

26  maintenance unit.
    HB5387 Enrolled    -6-               LRB104 18003 AAS 31440 b

1   This Act shall not apply to persons lawfully carrying on

2 their particular profession or business under any valid

3 existing regulatory Act of the State.

4 (Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)

5   (225 ILCS 15/2.5)

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

7   Sec. 2.5. Address of record; email address of record

8 Change of address. All applicants and licensees shall:

9   (1) provide a valid address and email address to the

10  Department, which shall serve as the address of record and

11  email address of record, respectively, at the time of

12  application for licensure or renewal of a license; and

13  (2) inform the Department of any change of address of

14  record or email address of record within 14 days after

15  such change either through the Department's website or by

16  contacting the Department's licensure maintenance unit. It

17  is the duty of the applicant or licensee to inform the

18  Department of any change of address within 14 days after

19  such change either through the Department's website or by

20  contacting the Department's licensure maintenance unit.

21 (Source: P.A. 99-572, eff. 7-15-16.)

22  (225 ILCS 15/3) (from Ch. 111, par. 5353)

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

24  Sec. 3. Necessity of license; corporations, professional
    HB5387 Enrolled    -7-          LRB104 18003 AAS 31440 b

1 limited liability companies, partnerships, and associations;

2 display of license.

3   (a) No individual shall, without a valid license as a

4 clinical psychologist issued by the Department, in any manner

5 hold oneself himself or herself out to the public as a

6 psychologist or clinical psychologist under the provisions of

7 this Act or render or offer to render clinical psychological

8 services as defined in paragraph 7 of Section 2 of this Act; or

9 attach the title "clinical psychologist", "psychologist" or

10 any other name or designation which would in any way imply that

11 the person he or she is able to practice as a clinical

12 psychologist; or offer to render or render clinical

13 psychological services as defined in paragraph 7 of Section 2

14 of this Act.

15  No person may engage in the practice of clinical

16 psychology, as defined in paragraph (5) of Section 2 of this

17 Act, without a license granted under this Act, except as

18 otherwise provided in this Act.

19  (b) No business organization shall provide, attempt to

20 provide, or offer to provide clinical psychological services

21 unless every member, shareholder, director, officer, holder of

22 any other ownership interest, agent, and employee who renders

23 clinical psychological services holds a currently valid

24 license issued under this Act. No corporation or limited

25 liability company shall be created that (i) has a stated

26 purpose that includes clinical psychology, or (ii) practices
    HB5387 Enrolled  -8-                 LRB104 18003 AAS 31440 b

1 or holds itself out as available to practice clinical

2 psychology, unless it is organized under the Professional

3 Service Corporation Act or the Professional Limited Liability

4 Company Act.

5   (c) Individuals, corporations, professional limited

6 liability companies, partnerships, and associations may employ

7 practicum students, interns or postdoctoral candidates seeking

8 to fulfill educational requirements or the professional

9 experience requirements needed to qualify for a license as a

10 clinical psychologist to assist in the rendering of services,

11 provided that such employees function under the direct

12 supervision, order, control and full professional

13 responsibility of a licensed clinical psychologist in the

14 corporation, professional limited liability company,

15 partnership, or association. Nothing in this paragraph shall

16 prohibit a corporation, professional limited liability

17 company, partnership, or association from contracting with a

18 licensed health care professional to provide services.

19  (c-5) Nothing in this Act shall preclude individuals

20 licensed under this Act from practicing directly or indirectly

21 for a physician licensed to practice medicine in all its

22 branches under the Medical Practice Act of 1987 or for any

23 legal entity as provided under subsection (c) of Section 22.2

24 of the Medical Practice Act of 1987.

25  Nothing in this Act shall preclude individuals licensed

26 under this Act from practicing directly or indirectly for any
    HB5387 Enrolled          -9-  LRB104 18003 AAS 31440 b

1 hospital licensed under the Hospital Licensing Act or any

2 hospital affiliate as defined in Section 10.8 of the Hospital

3 Licensing Act and any hospital authorized under the University

4 of Illinois Hospital Act.

5   (d) Nothing in this Act shall prevent the employment, by a

6 clinical psychologist, individual, association, partnership,

7 professional limited liability company, or corporation

8 furnishing clinical psychological services for remuneration,

9 of persons not licensed as clinical psychologists under the

10 provisions of this Act to perform services in various

11 capacities as needed, provided that such persons are not in

12 any manner held out to the public as rendering clinical

13 psychological services as defined in paragraph 7 of Section 2

14 of this Act. Nothing contained in this Act shall require any

15 hospital, clinic, home health agency, hospice, or other entity

16 that provides health care services to employ or to contract

17 with a clinical psychologist licensed under this Act to

18 perform any of the activities under paragraph (5) of Section 2

19 of this Act.

20  (e) Nothing in this Act shall be construed to limit the

21 services and use of official title on the part of a person, not

22 licensed under the provisions of this Act, in the employ of a

23 State, county, or municipal agency or other political

24 subdivision insofar that such services are a part of the

25 duties in the person's his or her salaried position, and

26 insofar that such services are performed solely on behalf of
    HB5387 Enrolled        - 10 - LRB104 18003 AAS 31440 b

1 the person's his or her employer.

2   Nothing contained in this Section shall be construed as

3 permitting such person to offer their services as

4 psychologists to any other persons and to accept remuneration

5 for such psychological services other than as specifically

6 excepted herein, unless they have been licensed under the

7 provisions of this Act.

8   (f) Duly recognized members of any bona fide bonafide

9 religious denomination shall not be restricted from

10 functioning in their ministerial capacity provided they do not

11 represent themselves as being clinical psychologists or

12 providing clinical psychological services.

13  (g) Nothing in this Act shall prohibit individuals not

14 licensed under the provisions of this Act who work in

15 self-help groups or programs or not-for-profit organizations

16 from providing services in those groups, programs, or

17 organizations, provided that such persons are not in any

18 manner held out to the public as rendering clinical

19 psychological services as defined in paragraph 7 of Section 2

20 of this Act.

21  (h) Nothing in this Act shall be construed to prevent a

22 person from practicing hypnosis without a license issued under

23 this Act provided that the person (1) does not otherwise

24 engage in the practice of clinical psychology, including, but

25 not limited to, the independent evaluation, classification,

26 and treatment of mental, emotional, behavioral, or nervous
    HB5387 Enrolled  - 11 - LRB104 18003 AAS 31440 b

1 disorders or conditions, developmental disabilities,

2 alcoholism and substance abuse, disorders of habit or conduct,

3 and the psychological aspects of physical illness, (2) does

4 not otherwise engage in the practice of medicine, including,

5 but not limited to, the diagnosis or treatment of physical or

6 mental ailments or conditions, and (3) does not hold the

7 person himself or herself out to the public by a title or

8 description stating or implying that the individual is a

9 clinical psychologist or is licensed to practice clinical

10 psychology.

11  (i) Every licensee under this Act shall prominently

12 display the license at the licensee's principal office, place

13 of business, or place of employment and, whenever requested by

14 any representative of the Department, must exhibit the

15 license.

16 (Source: P.A. 99-227, eff. 8-3-15; 99-572, eff. 7-15-16.)

17  (225 ILCS 15/4) (from Ch. 111, par. 5354)

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

19  Sec. 4. Exemptions Application of Act.

20  (a) Nothing in this Act shall be construed to limit the

21 activities of and services of a student, intern or resident in

22 psychology seeking to fulfill educational requirements or the

23 experience requirements in order to qualify for a license

24 under this Act, or an individual seeking to fulfill the

25 postdoctoral experience requirements in order to qualify for
    HB5387 Enrolled  - 12 - LRB104 18003 AAS 31440 b

1 licensure under this Act provided that such activities and

2 services are under the direct supervision, order, control and

3 full professional responsibility of a licensed clinical

4 psychologist and provided that such student, intern, or

5 resident be designated by a title "intern" or "resident" or

6 other designation of trainee status. Supervised experience in

7 which the supervisor receives monetary payment or other

8 considerations from the supervisee or in which the supervisor

9 is hired by or otherwise employed by the supervisee shall not

10 be accepted by the Department as fulfilling the practicum,

11 internship or 2 years of satisfactory supervised experience

12 requirements for licensure. Nothing contained in this Section

13 shall be construed as permitting such students, interns, or

14 residents to offer their services as clinical psychologists to

15 any other person or persons and to accept remuneration for

16 such clinical psychological services other than as

17 specifically excepted herein, unless they have been licensed

18 under the provisions of this Act. Students, interns, and

19 residents providing services pursuant to the exemption under

20 this subsection (a) who violate any provision of this Act or

21 its rules shall be subject to the provisions of Sections 16.5

22 and 27.2.

23  (b) Nothing in this Act shall be construed as permitting

24 persons licensed as clinical psychologists to engage in any

25 manner in the practice of medicine as defined in the laws of

26 this State. Persons licensed as clinical psychologists who
   HB5387 Enrolled  - 13 - LRB104 18003 AAS 31440 b

1 render services to persons in need of mental treatment or who

2 are mentally ill shall as appropriate initiate genuine

3 collaboration with a physician licensed in Illinois to

4 practice medicine in all its branches.

5  (c) Nothing in this Act shall be construed as restricting

6 an individual certified as a school psychologist by the State

7 Board of Education, who is at least 21 years of age and has had

8 at least 3 years of full-time experience as a certified school

9 psychologist, from using the title school psychologist and

10 offering school psychological services limited to those

11 services set forth in the rules and regulations that govern

12 the administration and operation of special education

13 pertaining to children and youth ages 0-21 prepared by the

14 State Board of Education. Anyone offering such services under

15 the provisions of this paragraph shall use the term school

16 psychologist and describe such services as "School

17 Psychological Services". This exemption shall be limited to

18 the practice of school psychology only as manifested through

19 psychoeducational problems, and shall not be construed to

20 allow a school psychologist to function as a general

21 practitioner of clinical psychology, unless otherwise licensed

22 under this Act. However, nothing in this paragraph prohibits a

23 school psychologist from making evaluations, recommendations

24 or interventions regarding the placement of children in

25 educational programs or special education classes, nor shall

26 it prohibit school psychologists from providing clinical
    HB5387 Enrolled  - 14 - LRB104 18003 AAS 31440 b

1 psychological services under the supervision of a licensed

2 clinical psychologist. This paragraph shall not be construed

3 to mandate insurance companies to reimburse school

4 psychologists directly for the services of school

5 psychologists. Nothing in this paragraph shall be construed to

6 exclude anyone duly licensed under this Act from offering

7 psychological services in the school setting. School

8 psychologists providing services under the provisions of this

9 paragraph shall not provide such services outside their

10 employment to any child who is a student in the district or

11 districts which employ such school psychologist. School

12 psychologists, as described in this paragraph, shall be under

13 the regulatory authority of the State Board of Education and

14 the State Teacher Certification Board.

15  (d) Nothing in this Act shall be construed to limit the

16 activities and use of the official title of "psychologist" on

17 the part of a person not licensed under this Act who possesses

18 a doctoral degree earned in a program concentrated primarily

19 on the study of psychology and is an academic employee of a

20 duly chartered institution of higher education insofar as such

21 person engages in public speaking with or without

22 remuneration, provided that such person is not in any manner

23 held out to the public as practicing clinical psychology as

24 defined in paragraph 5 of Section 2 of this Act, unless the

25 person he or she has been licensed under the provisions of this

26 Act.
    HB5387 Enrolled    - 15 - LRB104 18003 AAS 31440 b

1   (e) Nothing in this Act shall be construed to regulate,

2 control, or restrict the clinical practice of any person

3 licensed, registered, or certified in this State under any

4 other Act, provided that such person is not in any manner held

5 out to the public as rendering clinical psychological services

6 as defined in paragraph 7 of Section 2 of this Act.

7   (f) Nothing in this Act shall be construed to limit the

8 activities and use of the title "psychologist" on the part of a

9 person who practices psychology and (i) who possesses a

10 doctoral degree earned in a program concentrated primarily on

11 the study of psychology; and (ii) whose services involve the

12 development and application of psychological theory and

13 methodology to problems of organizations and problems of

14 individuals and groups in organizational settings; and

15 provided further that such person is not in any manner held out

16 to the public as practicing clinical psychology and is not

17 held out to the public by any title, description or

18 designation stating or implying that the person he or she is a

19 clinical psychologist unless the person he or she has been

20 licensed under the provisions of this Act.

21  (g) This Act shall not apply to persons lawfully carrying

22 on the person's particular profession or business under any

23 valid existing regulatory Act of the State.

24 (Source: P.A. 89-702, eff. 7-1-97.)

25  (225 ILCS 15/4.3)
    HB5387 Enrolled   - 16 - LRB104 18003 AAS 31440 b

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

2   Sec. 4.3. Written collaborative agreements.

3   (a) A written collaborative agreement is required for all

4 prescribing psychologists practicing under a prescribing

5 psychologist license issued pursuant to Section 4.2 of this

6 Act.

7   (b) A written delegation of prescriptive authority by a

8 collaborating physician may only include medications for the

9 treatment of mental health disease or illness the

10 collaborating physician generally provides to the

11 collaborating physician's his or her patients in the normal

12 course of the collaborating physician's his or her clinical

13 practice with the exception of the following:

14       (1) patients who are less than 17 years of age or over

15  65 years of age;

16       (2) patients during pregnancy;

17       (3) patients with serious medical conditions, such as

18  heart disease, cancer, stroke, or seizures, and with

19  developmental disabilities and intellectual disabilities;

20  and

21       (4) prescriptive authority for benzodiazepine Schedule

22  III controlled substances.

23  (c) The collaborating physician shall file with the

24 Department notice of delegation of prescriptive authority and

25 termination of the delegation, in accordance with rules of the

26 Department. Upon receipt of this notice delegating authority
    HB5387 Enrolled           - 17 - LRB104 18003 AAS 31440 b

1 to prescribe any nonnarcotic Schedule III through V controlled

2 substances, the licensed clinical psychologist shall be

3 eligible to register for a mid-level practitioner controlled

4 substance license under Section 303.05 of the Illinois

5 Controlled Substances Act.

6   (d) All of the following shall apply to delegation of

7 prescriptive authority:

8   (1) Any delegation of Schedule III through V

9   controlled substances shall identify the specific

10  controlled substance by brand name or generic name. No

11  controlled substance to be delivered by injection may be

12  delegated. No Schedule II controlled substance shall be

13  delegated.

14  (2) A prescribing psychologist shall not prescribe

15  narcotic drugs, as defined in Section 102 of the Illinois

16  Controlled Substances Act.

17  Any prescribing psychologist who writes a prescription for

18 a controlled substance without having valid and appropriate

19 authority may be fined by the Department not more than $50 per

20 prescription and the Department may take any other

21 disciplinary action provided for in this Act.

22  All prescriptions written by a prescribing psychologist

23 must contain the name of the prescribing psychologist and the

24 prescribing psychologist's his or her signature. The

25 prescribing psychologist shall sign the prescribing

26 psychologist's his or her own name.
    HB5387 Enrolled           - 18 - LRB104 18003 AAS 31440 b

1   (e) The written collaborative agreement shall describe the

2 working relationship of the prescribing psychologist with the

3 collaborating physician and shall delegate prescriptive

4 authority as provided in this Act. Collaboration does not

5 require an employment relationship between the collaborating

6 physician and prescribing psychologist. Absent an employment

7 relationship, an agreement may not restrict third-party

8 payment sources accepted by the prescribing psychologist. For

9 the purposes of this Section, "collaboration" means the

10 relationship between a prescribing psychologist and a

11 collaborating physician with respect to the delivery of

12 prescribing services in accordance with (1) the prescribing

13 psychologist's training, education, and experience and (2)

14 collaboration and consultation as documented in a jointly

15 developed written collaborative agreement.

16  (f) The agreement shall promote the exercise of

17 professional judgment by the prescribing psychologist

18 corresponding to the prescribing psychologist's his or her

19 education and experience.

20  (g) The collaborative agreement shall not be construed to

21 require the personal presence of a physician at the place

22 where services are rendered. Methods of communication shall be

23 available for consultation with the collaborating physician in

24 person or by telecommunications in accordance with established

25 written guidelines as set forth in the written agreement.

26  (h) Collaboration and consultation pursuant to all
    HB5387 Enrolled  - 19 - LRB104 18003 AAS 31440 b

1 collaboration agreements shall be adequate if a collaborating

2 physician does each of the following:

3   (1) participates in the joint formulation and joint

4   approval of orders or guidelines with the prescribing

5   psychologist and the collaborating physician he or she

6   periodically reviews the prescribing psychologist's orders

7   and the services provided patients under the orders in

8   accordance with accepted standards of medical practice and

9   prescribing psychologist practice;

10  (2) provides collaboration and consultation with the

11  prescribing psychologist in person at least once a month

12  for review of safety and quality clinical care or

13  treatment;

14  (3) is available through telecommunications for

15  consultation on medical problems, complications,

16  emergencies, or patient referral; and

17  (4) reviews medication orders of the prescribing

18  psychologist no less than monthly, including review of

19  laboratory tests and other tests as available.

20  (i) The written collaborative agreement shall contain

21 provisions detailing notice for termination or change of

22 status involving a written collaborative agreement, except

23 when the notice is given for just cause.

24  (j) A copy of the signed written collaborative agreement

25 shall be available to the Department upon request to either

26 the prescribing psychologist or the collaborating physician.
    HB5387 Enrolled    - 20 - LRB104 18003 AAS 31440 b

1   (k) Nothing in this Section shall be construed to limit

2 the authority of a prescribing psychologist to perform all

3 duties authorized under this Act.

4   (l) A prescribing psychologist shall inform each

5 collaborating physician of all collaborative agreements the

6 prescribing psychologist he or she has signed and provide a

7 copy of these to any collaborating physician.

8   (m) No collaborating physician shall enter into more than

9 3 collaborative agreements with prescribing psychologists.

10 (Source: P.A. 101-84, eff. 7-19-19.)

11  (225 ILCS 15/4.5)

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

13  Sec. 4.5. Endorsement; prescribing psychologists.

14  (a) Individuals who are already licensed as medical or

15 prescribing psychologists in another state may apply for an

16 Illinois prescribing psychologist license by endorsement from

17 that state, or acceptance of that state's examination if they

18 meet the requirements set forth in this Act and its rules,

19 including proof of successful completion of the educational,

20 testing, and experience standards. Applicants from other

21 states may not be required to pass the examination required

22 for licensure as a prescribing psychologist in Illinois if

23 they meet requirements set forth in this Act and its rules,

24 such as proof of education, testing, payment of any fees, and

25 experience.
    HB5387 Enrolled  - 21 - LRB104 18003 AAS 31440 b

1   (b) Individuals who graduated from the Department of

2 Defense Psychopharmacology Demonstration Project may apply for

3 an Illinois prescribing psychologist license by endorsement.

4 Applicants from the Department of Defense Psychopharmacology

5 Demonstration Project may not be required to pass the

6 examination required for licensure as a prescribing

7 psychologist in Illinois if they meet requirements set forth

8 in this Act and its rules, such as proof of education, testing,

9 payment of any fees, and experience.

10  (c) Individuals applying for a prescribing psychologist

11 license by endorsement shall be required to first obtain a

12 clinical psychologist license under this Act.

13 (Source: P.A. 98-668, eff. 6-25-14.)

14  (225 ILCS 15/5) (from Ch. 111, par. 5355)

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

16  Sec. 5. Confidentiality of information. No clinical

17 psychologist shall disclose any information the clinical

18 psychologist he or she may have acquired from persons

19 consulting the clinical psychologist him or her in the

20 clinical psychologist's his or her professional capacity, to

21 any persons except only: (1) in trials for homicide when the

22 disclosure relates directly to the fact or immediate

23 circumstances of the homicide, (2) in all proceedings the

24 purpose of which is to determine mental competency, or in

25 which a defense of mental incapacity is raised, (3) in
    HB5387 Enrolled  - 22 - LRB104 18003 AAS 31440 b

 1 actions, civil or criminal, against the psychologist for
 2 malpractice, (4) with the expressed consent of the client, or
 3 in the case of the client's his or her death or disability, the
 4 client's or his or her personal representative or other person
 5 authorized to sue or of the beneficiary of an insurance policy
 6 on the client's his or her life, health, or physical
 7 condition, or (5) upon an issue as to the validity of a
 8 document as a will of a client. In the event of a conflict
 9 between the application of this Section and the Mental Health
10 and Developmental Disabilities Confidentiality Act to a
11 specific situation, the provisions of the Mental Health and
12 Developmental Disabilities Confidentiality Act shall control.
13 (Source: P.A. 89-702, eff. 7-1-97.)

14  (225 ILCS 15/7) (from Ch. 111, par. 5357)

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

16  Sec. 7. Board. The Secretary shall appoint a Board that

17 shall serve in an advisory capacity to the Secretary.

18  The Board shall consist of 11 persons: 4 of whom are

19 licensed clinical psychologists and actively engaged in the

20 practice of clinical psychology; 2 of whom are licensed

21 prescribing psychologists; 2 of whom are physicians licensed

22 to practice medicine in all its branches in Illinois who

23 generally prescribe medications for the treatment of mental

24 health disease or illness in the normal course of clinical

25 medical practice, one of whom shall be a psychiatrist and the
HB5387 Enrolled  - 23 - LRB104 18003 AAS 31440 b

 1 other a primary care or family physician; 2 of whom are
 2 licensed clinical psychologists and are full-time full time
 3 faculty members of accredited colleges or universities who are
 4 engaged in training clinical psychologists; and one of whom is
 5 a public member who is not a licensed health care provider. In
 6 appointing members of the Board, the Secretary shall give due
 7 consideration to the adequate representation of the various
 8 fields of health care psychology such as clinical psychology,
 9 school psychology and counseling psychology. In appointing
10 members of the Board, the Secretary shall give due
11 consideration to recommendations by members of the profession
12 of clinical psychology and by the Statewide State-wide
13 organizations representing the interests of clinical
14 psychologists and organizations representing the interests of
15 academic programs as well as recommendations by approved
16 doctoral level psychology programs in the State of Illinois,
17 and, with respect to the 2 physician members of the Board, the
18 Secretary shall give due consideration to recommendations by
19 the Statewide professional associations or societies
20 representing physicians licensed to practice medicine in all
21 its branches in Illinois. The members shall be appointed for a
22 term of 4 years. No member shall be eligible to serve for more
23 than 2 full terms. Any appointment to fill a vacancy shall be
24 for the unexpired portion of the term. A member appointed to
25 fill a vacancy for an unexpired term for a duration of 2 years
26 or more may be reappointed for a maximum of one term and a
    HB5387 Enrolled  - 24 - LRB104 18003 AAS 31440 b

1 member appointed to fill a vacancy for an unexpired term for a

2 duration of less than 2 years may be reappointed for a maximum

3 of 2 terms. The Secretary may remove any member for cause at

4 any time prior to the expiration of the member's his or her

5 term.

6   The 2 initial appointees to the Board who are licensed

7 prescribing psychologists may hold a medical or prescription

8 license issued by another state so long as the license is

9 deemed by the Secretary to be substantially equivalent to a

10 prescribing psychologist license under this Act and so long as

11 the appointees also maintain an Illinois clinical psychologist

12 license. Such initial appointees shall serve on the Board

13 until the Department adopts rules necessary to implement

14 licensure under Section 4.2 of this Act.

15  The Board shall annually elect a chairperson and vice

16 chairperson.

17  The members of the Board shall be reimbursed for all

18 authorized legitimate and necessary expenses incurred in

19 attending the meetings of the Board.

20  The Secretary shall give due consideration to all

21 recommendations of the Board.

22  The Board may make recommendations on all matters relating

23 to continuing education including the number of hours

24 necessary for license renewal, waivers for those unable to

25 meet such requirements and acceptable course content. Such

26 recommendations shall not impose an undue burden on the
    HB5387 Enrolled  - 25 - LRB104 18003 AAS 31440 b

1 Department or an unreasonable restriction on those seeking

2 license renewal.

3   The 2 licensed prescribing psychologist members of the

4 Board and the 2 physician members of the Board shall only

5 deliberate and make recommendations related to the licensure

6 and discipline of prescribing psychologists. Four members

7 shall constitute a quorum, except that all deliberations and

8 recommendations related to the licensure and discipline of

9 prescribing psychologists shall require a quorum of 6 members.

10 A quorum is required for all Board decisions.

11  Members of the Board shall have no liability in any action

12 based upon any disciplinary proceeding or other activity

13 performed in good faith as a member of the Board.

14  The Secretary may terminate the appointment of any member

15 for cause which in the sole opinion of the Secretary

16 reasonably justifies such termination.

17 (Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)

18  (225 ILCS 15/10) (from Ch. 111, par. 5360)

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

20  Sec. 10. Qualifications of applicants; examination. The

21 Department, except as provided in Section 11 of this Act,

22 shall issue a license as a clinical psychologist to any person

23 who pays an application fee and who:

24  (1) is at least 21 years of age;

25  (2) (blank);
    HB5387 Enrolled     - 26 - LRB104 18003 AAS 31440 b

1   (3) is a graduate of a doctoral program from a

2   college, university or school accredited by the regional

3   accrediting body which is recognized by the Council on

4   Postsecondary Accreditation and is in the jurisdiction in

5   which it is located for purposes of granting the doctoral

6   degree and either:

7   (a) is a graduate of a doctoral program in

8   clinical, school or counseling psychology either

9   accredited by the American Psychological Association

10  or the Psychological Clinical Science Accreditation

11  System or approved by the Council for the National

12  Register of Health Service Providers in Psychology or

13  other national board recognized by the Board, and has

14  completed 2 years of satisfactory supervised

15  experience in clinical, school or counseling

16  psychology at least one of which is an internship and

17  one of which is postdoctoral; or

18  (b) holds a doctoral degree from a recognized

19  college, university or school which the Department,

20  through its rules, establishes as being equivalent to

21  a clinical, school or counseling psychology program

22  and has completed at least one course in each of the

23  following 7 content areas, in actual attendance at a

24  recognized university, college or school whose

25  graduates would be eligible for licensure under this

26  Act: scientific and professional ethics, biological
    HB5387 Enrolled     - 27 - LRB104 18003 AAS 31440 b

1   basis of behavior, cognitive-affective basis of

2   behavior, social basis of behavior, individual

3   differences, assessment, and treatment modalities; and

4   has completed 2 years of satisfactory supervised

5   experience in clinical, school or counseling

6   psychology, at least one of which is an internship and

7   one of which is postdoctoral; or

8   (c) holds a doctorate in psychology or in a

9   program whose content is psychological in nature from

10  an accredited college, university or school not

11  meeting the standards of paragraph (a) or (b) of this

12  subsection (3) and provides evidence of the completion

13  of at least one course in each of the 7 content areas

14  specified in paragraph (b) in actual attendance at a

15  recognized university, school or college whose

16  graduate would be eligible for licensure under this

17  Act; and has completed an appropriate practicum, an

18  internship or equivalent supervised clinical

19  experience in an organized mental health care setting

20  and 2 years of satisfactory supervised experience in

21  clinical or counseling psychology, at least one of

22  which is postdoctoral; and

23  (4) has passed an examination authorized by the

24  Department to determine the person's his or her fitness to

25  receive a license.

26 Applicants for licensure under subsection (3)(a) and (3)(b) of
    HB5387 Enrolled  - 28 - LRB104 18003 AAS 31440 b

1 this Section shall complete 2 years of satisfactory supervised

2 experience, at least one of which shall be an internship and

3 one of which shall be postdoctoral. A year of supervised

4 experience is defined as not less than 1,750 hours obtained in

5 not less than 50 weeks based on 35 hours per week for full-time

6 work experience. Full-time supervised experience will be

7 counted only if it is obtained in a single setting for a

8 minimum of 6 months. Part-time and internship experience will

9 be counted only if it is 18 hours or more a week for a minimum

10 of 9 months and is in a single setting. The internship

11 experience required under subsection (3)(a) and (3)(b) of this

12 Section shall be a minimum of 1,750 hours completed within 24

13 months.

14  Programs leading to a doctoral degree require minimally

15 the equivalent of 3 full-time academic years of graduate

16 study, at least 2 years of which are at the institution from

17 which the degree is granted, and of which at least one year or

18 its equivalent is in residence at the institution from which

19 the degree is granted. Course work for which credit is given

20 for life experience will not be accepted by the Department as

21 fulfilling the educational requirements for licensure.

22 Residence requires interaction with psychology faculty and

23 other matriculated psychology students; one year's residence

24 or its equivalent is defined as follows:

25          (a) 30 semester hours taken on a full-time or

26  part-time basis at the institution accumulated within 24
    HB5387 Enrolled  - 29 - LRB104 18003 AAS 31440 b

1   months, or

2   (b) a minimum of 350 hours of student-faculty contact

3   involving face-to-face individual or group courses or

4   seminars accumulated within 18 months. Such educational

5   meetings must include both faculty-student and

6   student-student interaction, be conducted by the

7   psychology faculty of the institution at least 90% of the

8   time, be fully documented by the institution, and relate

9   substantially to the program and course content. The

10  institution must clearly document how the applicant's

11  performance is assessed and evaluated.

12  To meet the requirement for satisfactory supervised

13 experience, under this Act the supervision must be performed

14 pursuant to the order, control and full professional

15 responsibility of a licensed clinical psychologist. The

16 clients shall be the clients of the agency or supervisor

17 rather than the supervisee. Supervised experience in which the

18 supervisor receives monetary payment or other consideration

19 from the supervisee or in which the supervisor is hired by or

20 otherwise employed by the supervisee shall not be accepted by

21 the Department as fulfilling the practicum, internship or 2

22 years of satisfactory supervised experience requirements for

23 licensure.

24  Examinations for applicants under this Act shall be held

25 at the direction of the Department from time to time but not

26 less than once each year. The scope and form of the examination
    HB5387 Enrolled  - 30 - LRB104 18003 AAS 31440 b

1 shall be determined by the Department.

2   Each applicant for a license who possesses the necessary

3 qualifications therefor shall be examined by the Department,

4 and shall pay to the Department, or its designated testing

5 service, the required examination fee, which fee shall not be

6 refunded by the Department. Beginning one year after the

7 effective date of this amendatory Act of the 104th General

8 Assembly, the required examination may be taken upon

9 graduation and before completion of a postdoctoral supervised

10 experience in clinical, school, or counseling psychology.

11  Applicants have 3 years from the date of application to

12 complete the application process. If the process has not been

13 completed in 3 years, the application shall be denied, the fee

14 shall be forfeited, and the applicant must reapply and meet

15 the requirements in effect at the time of reapplication.

16  An applicant has one year from the date of notification of

17 successful completion of the examination to apply to the

18 Department for a license. If an applicant fails to apply

19 within one year, the applicant shall be required to take and

20 pass the examination again unless licensed in another

21 jurisdiction of the United States within one year of passing

22 the examination.

23 (Source: P.A. 104-301, eff. 1-1-26.)

24  (225 ILCS 15/11) (from Ch. 111, par. 5361)

25  (Section scheduled to be repealed on January 1, 2027)
    HB5387 Enrolled           - 31 - LRB104 18003 AAS 31440 b

1   Sec. 11. Endorsement; clinical psychologists Persons

2 licensed in other jurisdictions.

3   (a) The Department may, in its discretion, grant a license

4 on payment of the required fee to any person who, at the time

5 of application, is licensed by another state or jurisdiction

6 of the United States or by any foreign country or province

7 whose standards, in the opinion of the Department, were

8 substantially equivalent, at the date of the person's his or

9 her licensure in the other jurisdiction, to the requirements

10 of this Act or to any person who, at the time of the person's

11 his or her licensure, possessed individual qualifications that

12 were substantially equivalent to the requirements then in

13 force in this State.

14  (b) The Department may issue a license, upon payment of

15 the required fee and recommendation of the Board, to an

16 individual applicant who:

17  (1) has been licensed based on a doctorate degree to

18  practice psychology in one or more other states or Canada

19  for at least 30 months during the 5 consecutive years

20  preceding application 20 years;

21  (2) has had no disciplinary action taken against his

22  or her license in any other jurisdiction during the entire

23  period of licensure;

24  (3) (blank);

25  (4) has not violated any provision of this Act or the

26  rules adopted under this Act; and
    HB5387 Enrolled          - 32 - LRB104 18003 AAS 31440 b

1   (5) complies with all additional rules promulgated

2   under this subsection.

3   The Department may promulgate rules to further define

4 these licensing criteria.

5   (b-5) The endorsement process for individuals who are

6 already licensed as medical or prescribing psychologists in

7 another state is governed by Section 4.5 of this Act and not

8 this Section.

9   (c) Applicants have 3 years from the date of application

10 to complete the application process. If the process has not

11 been completed in 3 years, the application shall expire be

12 denied, the fee shall be forfeited, and the applicant must

13 reapply and meet the requirements in effect at the time of

14 reapplication.

15 (Source: P.A. 99-572, eff. 7-15-16.)

16  (225 ILCS 15/11.5)

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

18  Sec. 11.5. Temporary authorization of practice by persons

19 licensed in other jurisdictions.

20  (a) A person licensed in another jurisdiction is

21 authorized to render The Department, in its discretion, may

22 issue a temporary permit authorizing the rendering of clinical

23 psychological services, as defined in Section 2 of this Act,

24 in this State for up to 10 calendar days per year,

25 consecutively or in aggregate if the . This temporary permit
    HB5387 Enrolled             - 33 - LRB104 18003 AAS 31440 b

1 may be issued to an individual who is licensed in good standing

2 to practice psychology independently and at the doctoral level

3 in another state, province, or territory. Any portion of a

4 calendar day in which the psychologist provides services in

5 this State is considered one working day. In no case shall a

6 person practicing pursuant to this subsection (a) establish a

7 permanent office location in Illinois, nor prepare or publish

8 letterhead, business cards, or similar publicity materials

9 listing an Illinois address or Illinois-based phone number.

10 Time devoted to providing testimony in court or in deposition

11 shall not be counted as part of the 10 calendar days allowed

12 under this subsection (a).

13  An applicant for a temporary permit under this subsection

14 (a) must apply to the Department on forms and in the manner

15 prescribed by the Department. The application shall require

16 that the applicant submit to the Department (i) satisfactory

17 proof that the applicant is licensed in good standing to

18 practice psychology independently and at the doctoral level in

19 another state, province, or territory, including the sworn

20 statement of the applicant that his or her license is not

21 encumbered in any manner by any licensing authority, (ii) the

22 name of the state, province, or territory in which the

23 applicant is licensed, and (iii) the applicant's license

24 number or other appropriate identifier issued by the licensing

25 authority to the applicant.

26  (b) The Secretary may temporarily authorize an individual
    HB5387 Enrolled           - 34 - LRB104 18003 AAS 31440 b

1 to practice clinical psychology who (i) holds an active,

2 unencumbered license in good standing in another jurisdiction

3 and (ii) has applied for a license under this Act due to a

4 natural disaster or catastrophic event in the jurisdiction in

5 which the individual he or she is licensed. The temporary

6 authorization granted under this subsection (b) expires upon

7 the issuance of a license under this Act or upon the

8 notification that licensure has been denied by the Department.

9   (c) Any psychologist practicing pursuant to subsection (a)

10 or (b) of this Section shall conform the psychologist's his or

11 her practice to the mandates of and shall be subject to the

12 prohibitions and sanctions, as well as the provisions on

13 hearings and investigations, contained in this Act and any

14 rules adopted thereunder while the psychologist he or she is

15 practicing in this State.

16 (Source: P.A. 95-451, eff. 1-1-08.)

17  (225 ILCS 15/12.5)

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

19  Sec. 12.5. Social Security Number or individual taxpayer

20 identification number on license application. In addition to

21 any other information required to be contained in the

22 application, every application for an original license under

23 this Act shall include the applicant's Social Security Number

24 or individual taxpayer identification number, which shall be

25 retained in the agency's records pertaining to the license. As
    HB5387 Enrolled             - 35 - LRB104 18003 AAS 31440 b

1 soon as practical, the Department shall assign a customer's

2 identification number to each applicant for a license.

3   Every application for a renewal or restored license shall

4 require the applicant's customer identification number.

5 (Source: P.A. 97-400, eff. 1-1-12.)

6   (225 ILCS 15/13) (from Ch. 111, par. 5363)

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

8   Sec. 13. License renewal; restoration.

9   (a) The expiration date and renewal period for each

10 license issued under this Act shall be set by rule. Every

11 holder of a license under this Act may renew such license

12 during the 90-day period immediately preceding the expiration

13 date thereof upon payment of the required renewal fees and

14 demonstrating compliance with any continuing education

15 requirements. The Department shall adopt rules establishing

16 minimum requirements of continuing education and means for

17 verification of the completion of the continuing education

18 requirements. The Department may, by rule, specify

19 circumstances under which the continuing education

20 requirements may be waived.

21  A clinical psychologist who has permitted the clinical

22 psychologist's his or her license to expire or who has had the

23 clinical psychologist's his or her license on inactive status

24 may have the clinical psychologist's his or her license

25 restored by making application to the Department and filing
    HB5387 Enrolled    - 36 - LRB104 18003 AAS 31440 b

1 proof acceptable to the Department, as defined by rule, of the

2 clinical psychologist's his or her fitness to have the

3 clinical psychologist's his or her license restored, including

4 evidence certifying to active practice in another jurisdiction

5 satisfactory to the Department and by paying the required

6 restoration fee.

7   If the clinical psychologist has not maintained an active

8 practice in another jurisdiction satisfactory to the

9 Department, the Board shall determine, by an evaluation

10 program established by rule, the clinical psychologist's his

11 or her fitness to resume active status and may require the

12 clinical psychologist to complete a period of supervised

13 professional experience and may require successful completion

14 of an examination.

15  However, any clinical psychologist whose license that

16 expires expired while the clinical psychologist he or she was

17 (1) in Federal Service on active duty with the Armed Forces of

18 the United States, or the State Militia called into service or

19 training, or (2) in training or education under the

20 supervision of the United States preliminary to induction into

21 the military service, may have the his or her license renewed

22 or restored without paying any lapsed renewal fees if within 2

23 years after honorable termination of such service, training or

24 education the clinical psychologist he or she furnishes the

25 Department with satisfactory evidence to the effect that the

26 clinical psychologist he or she has been so engaged and that
    HB5387 Enrolled  - 37 - LRB104 18003 AAS 31440 b

1 the clinical psychologist's his or her service, training, or

2 education has been so terminated.

3   (b) Notwithstanding any other provision of law, the

4 following requirements for restoration of an inactive or

5 expired license of less than 5 years as set forth in subsection

6 (a) are suspended for any licensed clinical psychologist who

7 has had no disciplinary action taken against the clinical

8 psychologist's his or her license in this State or in any other

9 jurisdiction during the entire period of licensure: proof of

10 fitness, certification of active practice in another

11 jurisdiction, and the payment of a renewal fee. An individual

12 may not restore the individual's his or her license in

13 accordance with this subsection more than once.

14 (Source: P.A. 102-1053, eff. 6-10-22.)

15  (225 ILCS 15/14) (from Ch. 111, par. 5364)

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

17  Sec. 14. Inactive status. Any clinical psychologist who

18 notifies the Department in writing on forms prescribed by the

19 Department, may elect to place the clinical psychologist's his

20 or her license on an inactive status and shall, subject to

21 rules of the Department, be excused from payment of renewal

22 fees until the clinical psychologist he or she notifies the

23 Department in writing of the clinical psychologist's his or

24 her intent to restore the clinical psychologist's his or her

25 license.
    HB5387 Enrolled  - 38 - LRB104 18003 AAS 31440 b

1   Any clinical psychologist requesting restoration from

2 inactive status shall be required to pay the current renewal

3 fee and shall be required to restore the clinical

4 psychologist's his or her license as provided in Section 13 of

5 this Act.

6   Any clinical psychologist whose license is in an inactive

7 status shall not practice in the State of Illinois.

8   Any licensee who shall practice clinical psychology while

9 the licensee's his or her license is lapsed or on inactive

10 status shall be considered to be practicing without a license

11 which shall be grounds for discipline under this Act.

12 (Source: P.A. 89-702, eff. 7-1-97.)

13  (225 ILCS 15/15) (from Ch. 111, par. 5365)

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

15  Sec. 15. Disciplinary action; grounds.

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

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

18 reprimand, or take other disciplinary or non-disciplinary

19 action deemed appropriate by the Department, including the

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

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

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

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

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

25  the United States or any state or territory thereof or
    HB5387 Enrolled          - 39 - LRB104 18003 AAS 31440 b

1   that is a misdemeanor of which an essential element is

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

3   practice of the profession.

4   (2) Gross negligence in the rendering of clinical

5   psychological services.

6   (3) Using fraud or making any misrepresentation in

7   applying for a license or in passing the examination

8   provided for in this Act.

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

10  person, not a clinical psychologist licensed under this

11  Act, in representing the person himself or herself as so

12  licensed or in applying for a license under this Act.

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

14  rules promulgated thereunder.

15  (6) Professional connection or association with any

16  person, firm, association, partnership or corporation

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

18  manner contrary to this Act.

19  (7) Unethical, unauthorized, or unprofessional conduct

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

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

22  ethical standards for psychologists promulgated by

23  recognized national psychology associations.

24  (8) Aiding or assisting another person in violating

25  any provisions of this Act or the rules promulgated

26  thereunder.
    HB5387 Enrolled  - 40 - LRB104 18003 AAS 31440 b

1   (9) Failing to provide, within 30 60 days, information

2   in response to a written request made by the Department.

3   (10) Habitual or excessive use or addiction to

4   alcohol, narcotics, stimulants, or any other chemical

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

6   inability to practice with reasonable judgment, skill, or

7   safety.

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

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

10  of the grounds for the discipline is the same or

11  substantially equivalent to those set forth herein.

12  (12) Directly or indirectly giving or receiving from

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

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

15  for any professional service not actually or personally

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

17  fide independent contractor or employment arrangements

18  among health care professionals, health facilities, health

19  care providers, or other entities, except as otherwise

20  prohibited by law. Any employment arrangements may include

21  provisions for compensation, health insurance, pension, or

22  other employment benefits for the provision of services

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

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

25  require an employment arrangement to receive professional

26  fees for services rendered.
    HB5387 Enrolled       - 41 - LRB104 18003 AAS 31440 b

1   (13) A finding that the licensee, after having the

2   licensee's his or her license placed on probationary

3   status, has violated the terms of probation.

4   (14) Willfully making or filing false records or

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

6   reports filed with State agencies or departments.

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

8   deterioration through the aging process, mental illness,

9   or disability that results in the inability to practice

10  the profession with reasonable judgment, skill, and

11  safety.

12  (16) Willfully failing to report an instance of

13  suspected child abuse or neglect as required by the Abused

14  and Neglected Child Reporting Act.

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

16  report by the Department of Children and Family Services

17  pursuant to the Abused and Neglected Child Reporting Act,

18  and upon proof by clear and convincing evidence that the

19  licensee has caused a child to be an abused child or

20  neglected child as defined in the Abused and Neglected

21  Child Reporting Act.

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

23  Act.

24  (19) Making a material misstatement in furnishing

25  information to the Department, any other State or federal

26  agency, or any other entity.
    HB5387 Enrolled         - 42 - LRB104 18003 AAS 31440 b

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

2   judgment, settlement, or award arising from a liability

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

4   conduct that would constitute grounds for action as set

5   forth in this Section.

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

7   final action taken against a licensee or applicant by

8   another licensing jurisdiction, including any other state

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

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

11  professional society or association related to the

12  profession, governmental agency, law enforcement agency,

13  or court for an act or conduct similar to an act or conduct

14  that would constitute grounds for disciplinary action as

15  set forth in this Section.

16  (22)             Prescribing,  selling,  administering,

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

18  classified as a controlled substance (designated product)

19  for other than medically accepted therapeutic purposes or

20  (B) any narcotic drug.

21  (23) Violating State or federal laws or regulations

22  relating to controlled substances, legend drugs, or

23  ephedra as defined in the Ephedra Prohibition Act.

24  (24) Exceeding the terms of a collaborative agreement

25  or the prescriptive authority delegated to a licensee by

26  the licensee's his or her collaborating physician or
    HB5387 Enrolled  - 43 - LRB104 18003 AAS 31440 b

1   established under a written collaborative agreement.

2   The entry of an order by any circuit court establishing

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

4 involuntary admission or judicial admission as provided for in

5 the Mental Health and Developmental Disabilities Code,

6 operates as an automatic suspension of that license. That

7 person may have the person's his or her license restored only

8 upon the determination by a circuit court that the patient is

9 no longer subject to involuntary admission or judicial

10 admission and the issuance of an order so finding and

11 discharging the patient and upon the Board's recommendation to

12 the Department that the license be restored. Where the

13 circumstances so indicate, the Board may recommend to the

14 Department that it require an examination prior to restoring

15 any license so automatically suspended.

16  The Department shall refuse to issue or 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

19 any final assessment of the 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 any such tax Act are satisfied.

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

24 showing of a possible violation may compel any person licensed

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

26 certification pursuant to this Act, to submit to a mental or
    HB5387 Enrolled  - 44 - LRB104 18003 AAS 31440 b

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

2 expense of the Department. The examining physicians or

3 clinical psychologists shall be those specifically designated

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

5 examining physician or clinical psychologist to present

6 testimony concerning this mental or physical examination of

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

8 reason of any common law or statutory privilege relating to

9 communications between the licensee or applicant and the

10 examining physician or clinical psychologist. The person to be

11 examined may have, at the person's his or her own expense,

12 another physician or clinical psychologist of the person's his

13 or her choice present during all aspects of the examination.

14 Failure of any person to submit to a mental or physical

15 examination, when directed, shall be grounds for suspension of

16 a license until the person submits to the examination if the

17 Department or Board finds, after notice and hearing, that the

18 refusal to submit to the examination was without reasonable

19 cause.

20  If the Department or Board finds a person unable to

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

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

23 counseling, or treatment by physicians or clinical

24 psychologists approved or designated by the Department, as a

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

26 renewed licensure to practice; or, in lieu of care,
    HB5387 Enrolled  - 45 - LRB104 18003 AAS 31440 b

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

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

3 immediately suspend, revoke, or otherwise discipline the

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

5 continued, reinstated, renewed, disciplined, or supervised

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

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

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

9 whether the person shall have the person's his or her license

10 suspended immediately, pending a hearing by the Board.

11  In instances in which the Secretary immediately suspends a

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

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

14 after the suspension and completed without appreciable delay.

15 The Board shall have the authority to review the subject

16 person'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  A person licensed under this Act and affected under this

21 Section shall be afforded an opportunity to demonstrate to the

22 Board that the person he or she can resume practice in

23 compliance with acceptable and prevailing standards under the

24 provisions of the person's his or her license.

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

26 probation, reprimand, refuse to issue or renew, or take any
    HB5387 Enrolled  - 46 - LRB104 18003 AAS 31440 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 patient was a resident of this State

7 or another state.

8   (c) 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  (d) The conduct specified in subsections (b) and (c) shall

24 not constitute grounds for suspension under Section 21.6.

25  (e) The Department shall not revoke, suspend, summarily

26 suspend, place on prohibition, reprimand, refuse to issue or
    HB5387 Enrolled  - 47 - LRB104 18003 AAS 31440 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 license, registration, or permit of

4 the person being suspended or revoked, 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 other 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  (f) The Department may adopt rules to implement,

13 administer, and enforce this Section.

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

15  (225 ILCS 15/16) (from Ch. 111, par. 5366)

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

17  Sec. 16. Investigations; notice; hearing.

18  (a) The Department may investigate the actions of any

19 applicant or of any person or persons holding or claiming to

20 hold a license or registration under this Act.

21  (b) The Department shall, before disciplining an applicant

22 or licensee, at least 30 days before the date set for the

23 hearing, (i) notify the accused in writing of the charges made

24 and the time and place for the hearing on the charges, (ii)

25 direct the applicant or licensee him or her to file a written
    HB5387 Enrolled       - 48 - LRB104 18003 AAS 31440 b

1 answer to the charges under oath within 20 days after service,

2 and (iii) inform the applicant or licensee that failure to

3 answer will result in a default being entered against the

4 applicant or licensee.

5   (c) At the time and place fixed in the notice, the Board or

6 hearing officer appointed by the Secretary shall proceed to

7 hear the charges, and the parties or their counsel shall be

8 accorded ample opportunity to present any pertinent

9 statements, testimony, evidence, and arguments. The Board or

10 hearing officer may continue the hearing from time to time. In

11 case the person, after receiving the notice, fails to file an

12 answer, the person's his or her license may, in the discretion

13 of the Secretary, having first received the recommendation of

14 the Board, be suspended, revoked, or placed on probationary

15 status, or be subject to whatever disciplinary action the

16 Secretary considers proper, including limiting the scope,

17 nature, or extent of the person's practice or the imposition

18 of a fine, without hearing, if the act or acts charged

19 constitute sufficient grounds for that action under this Act.

20  (d) The written notice and any notice in the subsequent

21 proceeding may be served by regular or certified mail to the

22 applicant's or licensee's address of record.

23 (Source: P.A. 99-572, eff. 7-15-16.)

24  (225 ILCS 15/16.1)

25  (Section scheduled to be repealed on January 1, 2027)
    HB5387 Enrolled     - 49 - LRB104 18003 AAS 31440 b

1   Sec. 16.1. Appointment of hearing officer. Notwithstanding

2 any other provision of this Act, the Secretary shall have the

3 authority to appoint any attorney duly licensed to practice

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

5 any action for refusal to issue, renew or discipline a

6 license. The hearing officer shall have full authority to

7 conduct the hearing. The hearing officer shall report the

8 hearing officer's his or her findings of fact, conclusions of

9 law, and recommendations to the Board and the Secretary.

10 (Source: P.A. 99-572, eff. 7-15-16.)

11  (225 ILCS 15/21) (from Ch. 111, par. 5371)

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

13  Sec. 21. Restoration of license. At any time after the

14 suspension or revocation of any license, the Department may

15 restore it to the licensee upon the written recommendation of

16 the Board unless after an investigation and hearing the Board

17 or Department determines that restoration is not in the public

18 interest. Where circumstances of suspension or revocation so

19 indicate, the Department may require an examination of the

20 accused person prior to restoring the accused person's his or

21 her license.

22 (Source: P.A. 99-572, eff. 7-15-16.)

23  (225 ILCS 15/21.2)

24  (Section scheduled to be repealed on January 1, 2027)
   HB5387 Enrolled    - 50 - LRB104 18003 AAS 31440 b

1  Sec. 21.2. Surrender of license. Upon the revocation or

2 suspension of a license, the licensee shall immediately

3 surrender the licensee's his or her license to the Department.

4 If the licensee fails to do so, the Department has the right to

5 seize the license.

6 (Source: P.A. 89-702, eff. 7-1-97.)

7  (225 ILCS 15/25) (from Ch. 111, par. 5375)

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

9  Sec. 25. Returned checks; fines. Any person who delivers a

10 check or other payment to the Department that is returned to

11 the Department unpaid by the financial institution upon which

12 it is drawn shall pay to the Department, in addition to the

13 amount already owed to the Department, a fine of $50. The fines

14 imposed by this Section are in addition to any other

15 discipline provided under this Act for unlicensed practice or

16 practice on a nonrenewed license. The Department shall notify

17 the person that payment of fees and fines shall be paid to the

18 Department by certified check or money order within 30

19 calendar days of the notification. If, after the expiration of

20 30 days from the date of the notification, the person has

21 failed to submit the necessary remittance, the Department

22 shall automatically terminate the license or certificate or

23 deny the application, without hearing. If, after termination

24 or denial, the person seeks a license or certificate, the

25 person he or she shall apply to the Department for restoration
    HB5387 Enrolled     - 51 - LRB104 18003 AAS 31440 b

1 or issuance of the license or certificate and pay all fees and
2 fines due to the Department. The Department may establish a
3 fee for the processing of an application for restoration of a
4 license or certificate to pay all expenses of processing this
5 application. The Secretary may waive the fines due under this
6 Section in individual cases where the Secretary finds that the
7 fines would be unreasonable or unnecessarily burdensome.
8 (Source: P.A. 94-870, eff. 6-16-06.)

9   (225 ILCS 15/26) (from Ch. 111, par. 5376)

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

11  Sec. 26. Rendering services without a license. Any person

12 rendering or offering to render clinical psychological

13 services as defined in Section 2 of this Act or represents the

14 person himself or herself or the person's his or her services

15 as clinical psychological services as defined in Section 2 of

16 this Act, when the person he or she does not possess a

17 currently valid license as defined herein commits a Class B

18 misdemeanor, for a first offense; and for a second or

19 subsequent violation commits a Class 4 felony.

20 (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97.)

21  (225 ILCS 15/26.5)

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

23  Sec. 26.5. Advertising services. A licensee shall include

24 in every advertisement for services regulated under this Act
    HB5387 Enrolled  - 52 - LRB104 18003 AAS 31440 b

1 the licensee's his or her title as it appears on the license or
2 the initials authorized under this Act.
3 (Source: P.A. 91-310, eff. 1-1-00.)

4   (225 ILCS 15/27) (from Ch. 111, par. 5377)

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

6   Sec. 27. Injunctions. It is hereby declared to be a public

7 nuisance for any person to render or offer to render clinical

8 psychological services as defined in Section 2 of this Act or

9 to represent oneself himself as a clinical psychologist or

10 that the services the person he or she renders are clinical

11 psychological services as defined in Section 2 of this Act,

12 without having in effect a currently valid license as defined

13 in this Act. The Secretary, Attorney General, or the State's

14 Attorney of the county in which such nuisance has occurred may

15 file a complaint in the circuit court in the name of the People

16 of the State of Illinois perpetually to enjoin such person

17 from performing such unlawful acts. Upon the filing of a

18 verified complaint in such cause, the court, if satisfied that

19 such unlawful act has been performed and may continue to be

20 performed, shall enter a temporary restraining order or

21 preliminary injunction without notice or bond enjoining the

22 defendant from performing such unlawful act.

23  If it is established that the defendant contrary to this

24 Act has been rendering or offering to render clinical

25 psychological services as defined in Section 2 of this Act or
    HB5387 Enrolled  - 53 - LRB104 18003 AAS 31440 b

 1 is engaging in or about to engage in representing himself or
 2 herself as a clinical psychologist or that the services the
 3 person he or she renders are clinical psychological services
 4 as defined in Section 2 of this Act, without having been issued
 5 a license or after the person's his or her license has been
 6 suspended or revoked or after the person's his or her license
 7 has not been renewed, the court, may enter a judgment
 8 perpetually enjoining such person from further engaging in the
 9 unlawful act. In case of violation of any injunction entered
10 under this Section, the court, may summarily try and punish
11 the offender for contempt of court. Such injunction
12 proceedings shall be in addition to, and not in lieu of, all
13 penalties and other remedies provided in this Act.
14 (Source: P.A. 94-870, eff. 6-16-06.)

15  Section 15. The Marriage and Family Therapy Licensing Act

16 is amended by changing Sections 10, 15, 20, 25, 30, 45, 60, 65,

17 75, 85, 90, 91, 95, 135, and 145 and by adding Section 71 as

18 follows:

19  (225 ILCS 55/10) (from Ch. 111, par. 8351-10)

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

21  Sec. 10. Definitions. As used in this Act:

22  "Address of record" means the designated address recorded

23 by the Department in the applicant's application file or the

24 licensee's license file maintained by the Department's
    HB5387 Enrolled            - 54 - LRB104 18003 AAS 31440 b

1 licensure maintenance unit.

2   "Advertise" means, but is not limited to, issuing or

3 causing to be distributed any card, sign, website, or other

4 similar type of publication or electronic format or a device

5 to any person; or causing, permitting or allowing any sign or

6 marking on or in any building, structure, newspaper, magazine

7 or directory, or on radio, or television, a website, or

8 another similar type of electronic format; or advertising by

9 any other means designed to secure public attention.

10  "Approved program" means an approved comprehensive program

11 of study in marriage and family therapy in a regionally

12 accredited educational institution approved by the Department

13 for the training of marriage and family therapists.

14  "Associate licensed marriage and family therapist" means a

15 person to whom an associate licensed marriage and family

16 therapist license has been issued under this Act.

17  "Board" means the Illinois Marriage and Family Therapy

18 Licensing and Disciplinary Board.

19  "Department" means the Department of Financial and

20 Professional Regulation.

21  "Email address of record" means the designated email

22 address recorded by the Department in the applicant's

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

24 by the Department's licensure maintenance unit.

25  "First qualifying degree" means the first master's or

26 doctoral degree, as described in paragraph (1) of subsection
    HB5387 Enrolled         - 55 - LRB104 18003 AAS 31440 b

1 (b) of Section 40, that an applicant for licensure received.

2   "Independent practice of marriage and family therapy"

3 means the application of marriage and family therapy knowledge

4 and skills by a licensed marriage and family therapist who

5 regulates and is responsible for the therapist's own practice

6 or treatment procedures.

7   "License" means that which is required to practice

8 marriage and family therapy under this Act, the qualifications

9 for which include specific education, acceptable experience

10 and examination requirements.

11  "Licensed marriage and family therapist" means a person to

12 whom a marriage and family therapist license has been issued

13 under this Act.

14  "Marriage and family therapy" means the evaluation and

15 treatment of mental and emotional problems within the context

16 of human relationships. Marriage and family therapy involves

17 the use of psychotherapeutic methods to ameliorate

18 interpersonal and intrapersonal conflict and to modify

19 perceptions, beliefs and behavior in areas of human life that

20 include, but are not limited to, premarriage, marriage,

21 sexuality, family, divorce adjustment, and parenting.

22  "Person" means any individual, firm, corporation,

23 partnership, organization, or body politic.

24  "Practice of marriage and family therapy" means the

25 rendering of marriage and family therapy services to

26 individuals, couples, and families as defined in this Section,
    HB5387 Enrolled         - 56 - LRB104 18003 AAS 31440 b

1 either singly or in groups, whether the services are offered

2 directly to the general public or through organizations,

3 either public or private, for a fee, monetary or otherwise.

4   "Secretary" means the Secretary of Financial and

5 Professional Regulation.

6   "Title or description" means to hold oneself out as a

7 licensed marriage and family therapist or an associate

8 licensed marriage and family therapist to the public by means

9 of stating on signs, mailboxes, address plates, stationery,

10 announcements, calling cards or other instruments of

11 professional identification.

12 (Source: P.A. 100-372, eff. 8-25-17.)

13  (225 ILCS 55/15) (from Ch. 111, par. 8351-15)

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

15  Sec. 15. Exemptions.

16  (a) (Blank). Nothing contained in this Act shall restrict

17 any person not licensed under this Act from performing

18 marriage and family therapy if that person does not represent

19 himself or herself as a "licensed marriage and family

20 therapist" or an "associate licensed marriage and family

21 therapist".

22  (b) Nothing in this Act shall be construed as permitting

23 persons licensed as marriage and family therapists and

24 associate licensed marriage and family therapists to engage in

25 any manner in the practice of medicine as defined in the laws
    HB5387 Enrolled   - 57 - LRB104 18003 AAS 31440 b

1 of this State.

2   (c) Nothing in this Act shall be construed to prevent

3 qualified members of other professional groups, including, but

4 not limited to, clinical psychologists, social workers,

5 counselors, attorneys at law, or psychiatric nurses, from

6 performing or advertising that they perform the work of a

7 marriage and family therapist consistent with the laws of this

8 State, their training, and any code of ethics of their

9 respective professions, provided they do not represent

10 themselves by any title or description as a licensed marriage

11 and family therapist or an associate licensed marriage and

12 family therapist.

13  (c-5) Nothing in this Act shall be construed to limit the

14 activities of a marriage and family therapy student or intern

15 seeking to fulfill educational requirements or experience

16 requirements in order to qualify for a license under this Act

17 if the activities are under the direct supervision, order,

18 control, and full professional responsibility of a licensed

19 marriage and family therapist and the student or intern is

20 designated by the title "intern" or another designation of the

21 student's or intern's trainee status. The Department shall not

22 accept supervised experience in which the supervisor receives

23 monetary payment or other consideration from the supervisee or

24 supervised experience in which the supervisor is hired by or

25 otherwise employed by the supervisee for the supervised

26 experience requirements for licensure. Nothing in this Section
    HB5387 Enrolled        - 58 - LRB104 18003 AAS 31440 b

1 shall be construed as permitting students or interns seeking

2 to fulfill educational requirements or experience requirements

3 in order to qualify for a license under this Act to offer their

4 services in marriage and family therapy to any other person or

5 persons or to accept remuneration for such marriage and family

6 therapy services other than as specified in this Act, unless

7 the students or interns have been licensed under the

8 provisions of this Act.

9   (d) Nothing in this Act shall be construed to prevent any

10 person from the bona fide practice of the doctrines of an

11 established church or religious denomination if the person

12 does not hold oneself himself or herself out to be a licensed

13 marriage and family therapist or an associate licensed

14 marriage and family therapist.

15  (e) Nothing in this Act shall prohibit self-help groups or

16 programs or not-for-profit organizations from providing

17 services so long as these groups, programs, or organizations

18 do not hold themselves out as practicing or being able to

19 practice marriage and family therapy.

20  (f) This Act does not prohibit:

21  (1) A person from practicing marriage and family

22  therapy as part of the person's his or her duties as an

23  employee of a recognized academic institution, or a

24  federal, State, county, or local governmental institution

25  or agency while performing those duties for which the

26  person he or she was employed by the institution, agency
    HB5387 Enrolled   - 59 - LRB104 18003 AAS 31440 b

1   or facility.

2   (2) (Blank). A person from practicing marriage and

3   family therapy as part of his or her duties as an employee

4   of a nonprofit organization consistent with the laws of

5   this State, his or her training, and any code of ethics of

6   his or her respective professions, provided the person

7   does not represent himself or herself as a "licensed

8   marriage and family therapist" or an "associate licensed

9   marriage and family therapist".

10  (3) A person from practicing marriage and family

11  therapy if the person is obtaining experience for

12  licensure as a marriage and family therapist, provided the

13  person is designated by a title that clearly indicates

14  training status. A person who provides services pursuant

15  to the exemption in this paragraph (3) and who violates

16  any provision of this Act or its rules shall be subject to

17  the provisions of Sections 90 and 91.

18  (4) A person licensed in this State under any other

19  Act from engaging the practice for which the person he or

20  she is licensed.

21  (5) A person from practicing marriage and family

22  therapy if the person is a marriage and family therapist

23  regulated under the laws of another State, territory of

24  the United States or country and who has applied in

25  writing to the Department, on forms prepared and furnished

26  by the Department, for licensing as a marriage and family
    HB5387 Enrolled          - 60 - LRB104 18003 AAS 31440 b

1   therapist and who is qualified to receive a license under

2   Section 40 until the expiration of 6 months after the

3   filing of the written application, the withdrawal of the

4   application, a notice of intent to deny the application,

5   or the denial of the application by the Department,

6   whichever occurs first.

7 (Source: P.A. 100-372, eff. 8-25-17.)

8   (225 ILCS 55/20) (from Ch. 111, par. 8351-20)

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

10  Sec. 20. Powers and duties of the Department. Subject to

11 the provisions of this Act, the Department shall exercise the

12 following functions, powers, and duties:

13  (a) Conduct or authorize examinations to ascertain the

14  fitness and qualifications of applicants for licensure and

15  issue licenses to those who are found to be fit and

16  qualified.

17  (b) Adopt rules required for the administration of

18  this Act, including, but not limited to, rules for a

19  method of examination of candidates and for determining

20  approved graduate programs. All examinations, either

21  conducted or authorized, must allow reasonable

22  accommodations for an applicant whose primary language is

23  not English if an examination in the applicant's primary

24  language is not available. All examinations either

25  conducted or authorized must comply with all
    HB5387 Enrolled          - 61 - LRB104 18003 AAS 31440 b

1   communication, access, and reasonable modification

2   requirements in Section 504 of the federal Rehabilitation

3   Act of 1973 and Title II of the Americans with

4   Disabilities Act of 1990.

5   (b-5) Prescribe forms to be issued for the

6   administration and enforcement of this Act consistent with

7   and reflecting the requirements of this Act and rules

8   adopted pursuant to this Act.

9   (c) Conduct hearings on proceedings to refuse to issue

10  or renew licenses or to revoke, suspend, place on

11  probation, or reprimand, or impose any other discipline

12  upon persons licensed under the provisions of this Act.

13  (d) Conduct investigations related to possible

14  violations of this Act.

15  The Board may make recommendations on matters relating to

16 continuing education, including the number of hours necessary

17 for license renewal, waivers for those unable to meet the

18 requirements, and acceptable course content.

19 (Source: P.A. 104-178, eff. 1-1-26.)

20  (225 ILCS 55/25) (from Ch. 111, par. 8351-25)

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

22  Sec. 25. Marriage and Family Therapy Licensing and

23 Disciplinary Board.

24  (a) The Secretary shall appoint a Marriage and Family

25 Therapy Licensing and Disciplinary Board. The Board shall be
    HB5387 Enrolled        - 62 - LRB104 18003 AAS 31440 b

1 composed of 7 persons who shall serve in an advisory capacity

2 to the Secretary. The Board shall annually elect a chairperson

3 and a vice chairperson.

4   (b) In appointing members of the Board, the Secretary

5 shall give due consideration to recommendations by members of

6 the profession of marriage and family therapy and by the

7 statewide organizations solely representing the interests of

8 marriage and family therapists.

9   (c) Five members of the Board shall be marriage and family

10 therapists who have been in active practice for at least 5

11 years immediately preceding their appointment, or engaged in

12 the education and training of masters, doctoral, or

13 post-doctoral students of marriage and family therapy, or

14 engaged in marriage and family therapy research. Each marriage

15 or family therapy teacher or researcher shall have spent the

16 majority of the time devoted to the study or research of

17 marriage and family therapy during the 2 years immediately

18 preceding the marriage or family therapy teacher's or

19 researcher's his or her appointment to the Board. The

20 appointees shall be licensed under this Act.

21  (d) Two members shall be representatives of the general

22 public who have no direct affiliation or work experience with

23 the practice of marriage and family therapy, social work or

24 clinical social work, professional counseling or clinical

25 professional counseling, or clinical psychology and who

26 clearly represent consumer interests.
    HB5387 Enrolled  - 63 - LRB104 18003 AAS 31440 b

1   (e) Board members shall be appointed for terms of 4 years

2 each, except that any person chosen to fill a vacancy shall be

3 appointed only for the unexpired term of the Board member whom

4 the person he or she shall succeed. Upon the expiration of this

5 term of office, a Board member shall continue to serve until a

6 successor is appointed and qualified. No member shall serve

7 more than 2 consecutive 4-year terms.

8   (f) The membership of the Board shall reasonably reflect

9 representation from the various geographic areas of the State.

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

11 action based upon any disciplinary proceedings or other

12 activities performed in good faith as members of the Board.

13  (h) The Secretary may remove any member of the Board for

14 any cause that, in the sole opinion of the Secretary,

15 reasonably justifies termination.

16  (i) The Secretary may consider the recommendations of the

17 Board on questions of standards of professional conduct,

18 discipline, and qualification of candidates or licensees under

19 this Act.

20  (j) The members of the Board shall be reimbursed for all

21 legitimate, necessary, and authorized expenses.

22  (k) A majority of the Board members currently appointed

23 shall constitute a quorum. A vacancy in the membership of the

24 Board shall not impair the right of a quorum to exercise all

25 the rights and perform all the duties of the Board.

26 (Source: P.A. 100-372, eff. 8-25-17.)
    HB5387 Enrolled            - 64 - LRB104 18003 AAS 31440 b

1   (225 ILCS 55/30) (from Ch. 111, par. 8351-30)

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

3   Sec. 30. Application.

4   (a) Applications for original licensure shall be made to

5 the Department in writing on forms or electronically as

6 prescribed by the Department and shall be accompanied by the

7 appropriate documentation and the required fee, which shall

8 not be refundable. Any application shall require such

9 information as, in the judgment of the Department, will enable

10 the Department to pass on the qualifications of the applicant

11 for licensing.

12  (b) Applicants have 3 years from the date of application

13 to complete the application process. If the application has

14 not been completed within 3 years, the application shall

15 expire be denied, the fee shall be forfeited, and the

16 applicant must reapply and meet the requirements in effect at

17 the time of reapplication.

18  (c) A license shall not be denied to an applicant because

19 of the applicant's race, religion, creed, national origin,

20 real or perceived immigration status, political beliefs or

21 activities, age, sex, sexual orientation, or physical

22 disability that does not affect a person's ability to practice

23 with reasonable judgment, skill, or safety.

24 (Source: P.A. 103-715, eff. 1-1-25.)
    HB5387 Enrolled  - 65 - LRB104 18003 AAS 31440 b

1   (225 ILCS 55/45) (from Ch. 111, par. 8351-45)

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

3   Sec. 45. Licenses; renewals; restoration; person in

4 military service.

5   (a) The expiration date and renewal period for each

6 license issued under this Act shall be set by rule. As a

7 condition for renewal of a license, the licensee shall be

8 required to complete continuing education under requirements

9 set forth in rules of the Department.

10  (b) Any person who has permitted the person's his or her

11 license to expire may have the person's his or her license

12 restored by making application to the Department and filing

13 proof acceptable to the Department of fitness to have the

14 person's his or her license restored, which may include sworn

15 evidence certifying to active practice in another jurisdiction

16 satisfactory to the Department, complying with any continuing

17 education requirements, and paying the required restoration

18 fee.

19  (c) If the person has not maintained an active practice in

20 another jurisdiction satisfactory to the Department, the Board

21 shall determine, by an evaluation program established by rule,

22 the person's fitness to resume active status and may require

23 the person to complete a period of evaluated clinical

24 experience and successful completion of a practical

25 examination.

26  However, any person whose license expired while the person
    HB5387 Enrolled  - 66 - LRB104 18003 AAS 31440 b

1 he or she has been engaged (i) in federal service on active

2 duty with the Armed Forces of the United States or called into

3 service or training with the State Militia, or (ii) in

4 training or education under the supervision of the United

5 States preliminary to induction into the military service may

6 have the person's his or her license renewed or restored

7 without paying any lapsed renewal fees if, within 2 years

8 after honorable termination of the service, training or

9 education, except under condition other than honorable, the

10 person he or she furnishes the Department with satisfactory

11 evidence to the effect that the person he or she has been so

12 engaged and that the service, training, or education has been

13 so terminated.

14  (d) Any person who notifies the Department, in writing on

15 forms prescribed by the Department, may place the person's his

16 or her license on inactive status and shall be excused from the

17 payment of renewal fees until the person notifies the

18 Department in writing of the intention to resume active

19 practice.

20  (e) Any person requesting that the person's his or her

21 license be changed from inactive to active status shall be

22 required to pay the current renewal fee and shall also

23 demonstrate compliance with the continuing education

24 requirements.

25  (f) Any marriage and family therapist or associate

26 licensed marriage and family therapist whose license is
    HB5387 Enrolled  - 67 - LRB104 18003 AAS 31440 b

1 nonrenewed or on inactive status shall not engage in the

2 practice of marriage and family therapy in the State of

3 Illinois and use the title or advertise that he or she performs

4 the services of a "licensed marriage and family therapist" or

5 an "associate licensed marriage and family therapist".

6   (g) Any person violating subsection (f) of this Section

7 shall be considered to be practicing without a license and

8 will be subject to the disciplinary provisions of this Act.

9   (h) (Blank).

10 (Source: P.A. 100-372, eff. 8-25-17.)

11  (225 ILCS 55/60) (from Ch. 111, par. 8351-60)

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

13  Sec. 60. Payments; penalty for insufficient funds. Any

14 person who delivers a check or other payment to the Department

15 that is returned to the Department unpaid by the financial

16 institution upon which it is drawn shall pay to the

17 Department, in addition to the amount already owed to the

18 Department, a fine of $50. The fines imposed by this Section

19 are in addition to any other discipline provided under this

20 Act prohibiting unlicensed practice or practice on a

21 nonrenewed license. The Department shall notify the person

22 that payment of fees and fines shall be paid to the Department

23 by certified check or money order within 30 calendar days

24 after notification. If, after the expiration of 30 days from

25 the date of the notification, the person has failed to submit
    HB5387 Enrolled  - 68 - LRB104 18003 AAS 31440 b

 1 the necessary remittance, the Department shall automatically
 2 terminate the license or deny the application, without
 3 hearing. If, after termination or denial, the person seeks a
 4 license, the person he or she shall apply to the Department for
 5 restoration or issuance of the license and pay all fees and
 6 fines due to the Department. The Department may establish a
 7 fee for the processing of an application for restoration of a
 8 license to pay all expenses of processing this application.
 9 The Secretary may waive the fines due under this Section in
10 individual cases where the Secretary finds that the fines
11 would be unreasonable or unnecessarily burdensome.
12 (Source: P.A. 95-703, eff. 12-31-07.)

13  (225 ILCS 55/65) (from Ch. 111, par. 8351-65)

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

15  Sec. 65. Endorsement. The Department may issue a license

16 as a licensed marriage and family therapist, without the

17 required examination, to an applicant licensed under the laws

18 of another state if the requirements for licensure in that

19 state are, on the date of licensure, substantially equivalent

20 to the requirements of this Act or to a person who, at the time

21 of the person's his or her application for licensure,

22 possessed individual qualifications that were substantially

23 equivalent to the requirements then in force in this State. An

24 applicant under this Section shall pay all of the required

25 fees.
    HB5387 Enrolled       - 69 - LRB104 18003 AAS 31440 b

1   An individual applying for licensure as a licensed

2 marriage and family therapist who has been licensed without

3 discipline at the independent level in another United States

4 jurisdiction for at least 30 months during the 5 consecutive

5 years preceding application is not required to submit proof of

6 completion of the education, professional experience, and

7 supervision required in Section 40. Individuals meeting this

8 requirement must submit certified verification of licensure

9 from the jurisdiction in which the applicant practiced and

10 must comply with all other licensing requirements and pay all

11 required fees.

12  If the accuracy of any submitted documentation or the

13 relevance or sufficiency of the course work or experience is

14 questioned by the Department or the Board because of a lack of

15 information, discrepancies or conflicts in information given,

16 or a need for clarification, the applicant seeking licensure

17 may be required to provide additional information.

18  Applicants have 3 years from the date of application to

19 complete the application process. If the process has not been

20 completed within the 3 years, the application shall expire be

21 denied, the fee shall be forfeited, and the applicant must

22 reapply and meet the requirements in effect at the time of

23 reapplication.

24 (Source: P.A. 102-1053, eff. 6-10-22; 103-955, eff. 1-1-25.)

25  (225 ILCS 55/71 new)
    HB5387 Enrolled  - 70 - LRB104 18003 AAS 31440 b

1   Sec. 71. Temporary authorization of practice by persons

2 licensed in other jurisdictions.

3   (a) A person licensed in another jurisdiction is

4 authorized to render marriage and family therapy services in

5 this State for up to 10 calendar days per year, consecutively

6 or in aggregate, if the individual is licensed in good

7 standing to practice marriage and family therapy independently

8 in another state, province, or territory. Any portion of a

9 calendar day in which the person provides services in this

10 State shall be considered as one working day. A person

11 practicing pursuant to this subsection (a) shall not establish

12 a permanent office location in this State, nor prepare or

13 publish letterhead, business cards, or similar publicity

14 materials listing an Illinois address or Illinois-based phone

15 number. Any time that the person devotes to providing

16 testimony in court or in deposition as a marriage and family

17 therapist shall not be counted as part of the 10 calendar days

18 allowed under this subsection (a).

19  (b) The Secretary may temporarily authorize an individual

20 to practice marriage and family therapy if the individual:

21  (1) holds an active, unencumbered license in good

22  standing in another jurisdiction; and

23  (2) has applied for a license under this Act due to a

24  natural disaster or catastrophic event in the jurisdiction

25  in which the individual is licensed.

26  The temporary authorization granted under this subsection
    HB5387 Enrolled       - 71 - LRB104 18003 AAS 31440 b

1 (b) shall expire upon the issuance of a license under this Act

2 to the individual or upon notification to the individual that

3 licensure has been denied by the Department.

4   (c) Any marriage and family therapist practicing pursuant

5 to subsection (a) or (b) of this Section shall be subject to

6 and shall conform the marriage and family therapist's practice

7 to the requirements of the prohibitions and sanctions under

8 this Act, the provisions on hearings and investigations under

9 this Act, and any rules adopted under this Act while the

10 marriage and family therapist is practicing in this State.

11  (225 ILCS 55/75) (from Ch. 111, par. 8351-75)

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

13  Sec. 75. License; restrictions and limitations.

14  (a) No person shall, without a valid license as an

15 associate licensed marriage and family therapist issued by the

16 Department:

17  (1) in any manner hold oneself out to the public as an

18  associate licensed marriage and family therapist;

19  (2) attach the title "associate licensed marriage and

20  family therapist" or use the credential "A.M.F.T." or

21  "A.L.M.F.T."; or

22  (3) offer to render or render to individuals,

23  corporations, or the public associate licensed marriage

24  and family services.

25  (b) No person shall, without a valid license as a licensed
    HB5387 Enrolled    - 72 - LRB104 18003 AAS 31440 b

1 marriage and family therapist issued by the Department:

2   (1) in any manner hold oneself out to the public as a

3   marriage and family therapist or a licensed marriage and

4   family therapist;

5   (2) attach the title "marriage and family therapist"

6   or "licensed marriage and family therapist" or use the

7   credential "M.F.T." or "L.M.F.T."; or

8   (3) offer to render or render to individuals,

9   corporations, or the public marriage and family therapist

10  services.

11  (c) No business organization shall provide, attempt to

12 provide, or offer to provide marriage and family therapy

13 services unless every member, partner, shareholder, director,

14 officer, holder of any other ownership interest, agent, and

15 employee who renders marriage and family therapy services

16 holds a currently valid license issued under this Act. No

17 business shall be created that (1) has a stated purpose that

18 includes marriage and family therapy, or (2) practices or

19 holds itself out as available to practice marriage and family

20 therapy, unless it is organized under the Professional Service

21 Corporation Act or Professional Limited Liability Company Act.

22 Nothing in this Act shall preclude individuals licensed under

23 this Act from practicing directly or indirectly for a

24 physician licensed to practice medicine in all its branches

25 under the Medical Practice Act of 1987 or for any legal entity

26 as provided under subsection (c) of Section 22.2 of the
    HB5387 Enrolled   - 73 - LRB104 18003 AAS 31440 b

1 Medical Practice Act of 1987.

2   (d) Individuals, corporations, professional limited

3 liability companies, partnerships, and associations may employ

4 practicum students, interns, or postdoctoral candidates

5 seeking to fulfill the professional experience requirements

6 needed to qualify for a license as a marriage and family

7 therapist to assist in the rendering of marriage and family

8 therapy services if the practicum students, interns, or

9 postdoctoral candidates function under the direct supervision,

10 order, control, and full professional responsibility of a

11 licensed marriage and family therapist at the corporation,

12 professional limited liability company, partnership, or

13 association. Nothing in this paragraph shall prohibit a

14 corporation, professional limited liability company,

15 partnership, or association from contracting with a licensed

16 health care professional to provide marriage and family

17 therapy services.

18 (Source: P.A. 99-227, eff. 8-3-15; 100-372, eff. 8-25-17.)

19  (225 ILCS 55/85) (from Ch. 111, par. 8351-85)

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

21  Sec. 85. Refusal, revocation, or suspension.

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

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

24 any other disciplinary or non-disciplinary action as the

25 Department may deem proper, including the imposition of fines
    HB5387 Enrolled         - 74 - LRB104 18003 AAS 31440 b

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

2 license issued under the provisions of this Act for any one or

3 combination of the following grounds:

4   (1) Material misstatement in furnishing information to

5   the Department.

6   (2) Violation of any provision of this Act or its

7   rules.

8   (3) Conviction of or entry of a plea of guilty or nolo

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

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

11  convictions, preceding sentences of supervision,

12  conditional discharge, or first offender probation, under

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

14  (i) a felony or (ii) a misdemeanor, an essential element

15  of which is dishonesty or that is directly related to the

16  practice of the profession.

17  (4) Fraud or misrepresentation in applying for or

18  procuring a license under this Act or in connection with

19  applying for renewal or restoration of a license under

20  this Act or its rules.

21  (5) Professional incompetence.

22  (6) Gross negligence in practice under this Act.

23  (7) Aiding or assisting another person in violating

24  any provision of this Act or its rules.

25  (8) Failing, within 30 60 days, to provide information

26  in response to a written request made by the Department.
    HB5387 Enrolled  - 75 - LRB104 18003 AAS 31440 b

1   (9) Engaging in dishonorable, unethical, or

2   unprofessional conduct of a character likely to deceive,

3   defraud or harm the public as defined by the rules of the

4   Department, or violating the rules of professional conduct

5   adopted by the Department.

6   (10) Habitual or excessive use or abuse of drugs

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

8   any other substance that results in the inability to

9   practice with reasonable judgment, skill, or safety.

10  (11) Discipline by another jurisdiction if at least

11  one of the grounds for the discipline is the same or

12  substantially equivalent to those set forth in this Act.

13  (12) Directly or indirectly giving to or receiving

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

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

16  compensation for any professional services not actually or

17  personally rendered. Nothing in this paragraph (12)

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 (12) shall be construed to require an employment
    HB5387 Enrolled       - 76 - LRB104 18003 AAS 31440 b

1   arrangement to receive professional fees for services

2   rendered.

3   (13) A finding by the Department that the licensee,

4   after having the licensee's his or her license placed on

5   probationary status, has violated the terms of probation

6   or failed to comply with the terms.

7   (14) Abandonment of a patient without cause.

8   (15) Willfully making or filing false records or

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

10  not limited to, false records filed with State agencies or

11  departments.

12  (16) Willfully failing to report an instance of

13  suspected child abuse or neglect as required by the Abused

14  and Neglected Child Reporting Act.

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

16  report by the Department of Children and Family Services

17  under the Abused and Neglected Child Reporting Act and

18  upon proof by clear and convincing evidence that the

19  licensee has caused a child to be an abused child or

20  neglected child as defined in the Abused and Neglected

21  Child Reporting Act.

22  (18) Physical illness or mental illness or impairment,

23  including, but not limited to, deterioration through the

24  aging process or loss of motor skill that results in the

25  inability to practice the profession with reasonable

26  judgment, skill, or safety.
    HB5387 Enrolled      - 77 - LRB104 18003 AAS 31440 b

1   (19) Solicitation of professional services by using

2   false or misleading advertising.

3   (20) A pattern of practice or other behavior that

4   demonstrates incapacity or incompetence to practice under

5   this Act.

6   (21) Practicing under a false or assumed name, except

7   as provided by law.

8   (22) Gross, willful, and continued overcharging for

9   professional services, including filing false statements

10  for collection of fees or moneys for which services are

11  not rendered.

12  (23) Failure to establish and maintain records of

13  patient care and treatment as required by law.

14  (24) Cheating on or attempting to subvert the

15  licensing examinations administered under this Act.

16  (25) Willfully failing to report an instance of

17  suspected abuse, neglect, financial exploitation, or

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

19  required by the Adult Protective Services Act.

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

21  the Department on Aging and under the Adult Protective

22  Services Act and upon proof by clear and convincing

23  evidence that the licensee abused, neglected, or

24  financially exploited an eligible adult as defined in the

25  Adult Protective Services Act.

26  (b) (Blank).
    HB5387 Enrolled  - 78 - LRB104 18003 AAS 31440 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 the

10 licensee's his or her practice as a licensed marriage and

11 family therapist or an associate licensed marriage and family

12 therapist.

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

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

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

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

17 any tax Act administered by the Illinois Department of

18 Revenue, until the time the requirements of the tax Act are

19 satisfied.

20  (d-5) The Department shall 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 the person authorizing, recommending,

25 aiding, assisting, referring for, or otherwise participating

26 in any health care service, so long as the care was not
    HB5387 Enrolled    - 79 - LRB104 18003 AAS 31440 b

1 unlawful under the laws of this State, regardless of whether

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

3   (d-10) 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 upon the person's license, registration, or permit

8 being revoked or suspended, or the person being otherwise

9 disciplined, by any other state if that revocation,

10 suspension, or other form of discipline was based solely on

11 the person violating another state's laws prohibiting the

12 provision of, authorization of, recommendation of, aiding or

13 assisting in, referring for, or participation in any health

14 care service if that health care service as provided would not

15 have been unlawful under the laws of this State and is

16 consistent with the applicable standard of conduct for a

17 person practicing in Illinois under this Act.

18  (d-15) The conduct specified in subsection (d-5), (d-10),

19 (d-25), or (d-30) shall not constitute grounds for suspension

20 under Section 145.

21  (d-20) An applicant seeking licensure, certification, or

22 authorization pursuant to this Act who has been subject to

23 disciplinary action by a duly authorized professional

24 disciplinary agency of another jurisdiction solely on the

25 basis of having authorized, recommended, aided, assisted,

26 referred for, or otherwise participated in health care shall
    HB5387 Enrolled  - 80 - LRB104 18003 AAS 31440 b

1 not be denied such licensure, certification, or authorization,

2 unless the Department determines that such action would have

3 constituted professional misconduct in this State; however,

4 nothing in this Section shall be construed as prohibiting the

5 Department from evaluating the conduct of such applicant and

6 making a determination regarding the licensure, certification,

7 or authorization to practice a profession under this Act.

8   (d-25) The Department may 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 issued

12 under this Act based solely upon an immigration violation by

13 the person.

14  (d-30) The Department may not revoke, suspend, summarily

15 suspend, place on prohibition, 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 upon the person's license, registration, or permit

19 being revoked or suspended, or the person being otherwise

20 disciplined, by any other state if that revocation,

21 suspension, or other form of discipline was based solely upon

22 an immigration violation by the person.

23  (e) In enforcing this Section, the Department or Board

24 upon a showing of a possible violation may compel an

25 individual licensed to practice under this Act, or who has

26 applied for licensure under this Act, to submit to a mental or
    HB5387 Enrolled           - 81 - LRB104 18003 AAS 31440 b

1 physical examination, or both, which may include a substance

2 abuse or sexual offender evaluation, as required by and at the

3 expense of the Department.

4   The Department shall specifically designate the examining

5 physician licensed to practice medicine in all of its branches

6 or, if applicable, the multidisciplinary team involved in

7 providing the mental or physical examination or both. The

8 multidisciplinary team shall be led by a physician licensed to

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

10 or more or a combination of physicians licensed to practice

11 medicine in all of its branches, licensed clinical

12 psychologists, licensed clinical social workers, licensed

13 clinical professional counselors, licensed marriage and family

14 therapists, and other professional and administrative staff.

15 Any examining physician or member of the multidisciplinary

16 team may require any person ordered to submit to an

17 examination and evaluation pursuant to this Section to submit

18 to any additional supplemental testing deemed necessary to

19 complete any examination or evaluation process, including, but

20 not limited to, blood testing, urinalysis, psychological

21 testing, or neuropsychological testing.

22  The Department may order the examining physician or any

23 member of the multidisciplinary team to provide to the

24 Department any and all records, including business records,

25 that relate to the examination and evaluation, including any

26 supplemental testing performed.
    HB5387 Enrolled             - 82 - LRB104 18003 AAS 31440 b

1   The Department or Board may order the examining physician

2 or any member of the multidisciplinary team to present

3 testimony concerning the mental or physical examination of the

4 licensee or applicant. No information, report, record, or

5 other documents in any way related to the examination shall be

6 excluded by reason of any common law or statutory privilege

7 relating to communications between the licensee or applicant

8 and the examining physician or any member of the

9 multidisciplinary team. No authorization is necessary from the

10 licensee or applicant ordered to undergo an examination for

11 the examining physician or any member of the multidisciplinary

12 team to provide information, reports, records, or other

13 documents or to provide any testimony regarding the

14 examination and evaluation.

15  The individual to be examined may have, at the

16 individual's his or her own expense, another physician of the

17 individual's his or her choice present during all aspects of

18 this examination. However, that physician shall be present

19 only to observe and may not interfere in any way with the

20 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 the individual's his or her license until the

24 individual submits to the examination.

25  If the Department or Board finds an individual unable to

26 practice because of the reasons set forth in this Section, the
    HB5387 Enrolled  - 83 - LRB104 18003 AAS 31440 b

1 Department or Board may require that individual to submit to

2 care, counseling, or treatment by physicians approved or

3 designated by the Department or Board, as a condition, term,

4 or restriction for continued, reinstated, or renewed licensure

5 to practice; or, in lieu of care, counseling, or treatment,

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

7 Department to file, a complaint to immediately suspend,

8 revoke, or otherwise discipline the license of the individual.

9 An individual whose license was granted, continued,

10 reinstated, renewed, disciplined, or supervised subject to

11 such terms, conditions, or restrictions, and who fails to

12 comply with such terms, conditions, or restrictions, shall be

13 referred to the Secretary for a determination as to whether

14 the individual shall have the individual's his or her license

15 suspended immediately, pending a hearing by the Department.

16  In instances in which the Secretary immediately suspends a

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

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

19 days after the suspension and completed without appreciable

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

21 review the subject individual's record of treatment and

22 counseling 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 and affected under

26 this Section shall be afforded an opportunity to demonstrate
    HB5387 Enrolled  - 84 - LRB104 18003 AAS 31440 b

1 to the Department or Board that the individual he or she can

2 resume practice in compliance with acceptable and prevailing

3 standards under the provisions of the individual's his or her

4 license.

5   (f) A fine shall be paid within 60 days after the effective

6 date of the order imposing the fine or in accordance with the

7 terms set forth in the order imposing the fine.

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

9 administer, and enforce this Section.

10 (Source: P.A. 103-715, eff. 1-1-25; 104-432, eff. 1-1-26.)

11  (225 ILCS 55/90) (from Ch. 111, par. 8351-90)

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

13  Sec. 90. Violations; injunctions; cease and desist order.

14  (a) If any person violates a provision of this Act, the

15 Secretary may, in the name of the People of the State of

16 Illinois, through the Attorney General of the State of

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

18 an order enforcing compliance with this Act. Upon the filing

19 of a verified petition in court, the court may issue a

20 temporary restraining order, without notice or bond, and may

21 preliminarily and permanently enjoin the violation. If it is

22 established that the person has violated or is violating the

23 injunction, the Court may punish the offender for contempt of

24 court. Proceedings under this Section are in addition to, and

25 not in lieu of, all other remedies and penalties provided by
    HB5387 Enrolled   - 85 - LRB104 18003 AAS 31440 b

1 this Act.

2   (b) If any person practices as a marriage and family

3 therapist or an associate marriage and family therapist or

4 holds oneself himself or herself out as such without having a

5 valid license under this Act, then any licensee, any

6 interested party or any person injured thereby may, in

7 addition to the Secretary, petition for relief as provided in

8 subsection (a) of this Section.

9   (c) Whenever in the opinion of the Department any person

10 violates any provision of this Act, the Department may issue a

11 rule to show cause why an order to cease and desist should not

12 be entered against that person him or her. The rule shall

13 clearly set forth the grounds relied upon by the Department

14 and shall provide a period of 7 days from the date of the rule

15 to file an answer to the satisfaction of the Department.

16 Failure to answer to the satisfaction of the Department shall

17 cause an order to cease and desist to be issued immediately.

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

19  (225 ILCS 55/91)

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

21  Sec. 91. Unlicensed practice; violation; civil penalty.

22  (a) Any person who practices, offers to practice, attempts

23 to practice, or holds oneself himself or herself out to

24 practice as a licensed marriage and family therapist or an

25 associate licensed marriage and family therapist without being
    HB5387 Enrolled      - 86 - LRB104 18003 AAS 31440 b

1 licensed under this Act shall, in addition to any other

2 penalty provided by law, pay a civil penalty to the Department

3 in an amount not to exceed $10,000 for each offense, as

4 determined by the Department. The civil penalty shall be

5 assessed by the Department after a hearing is held in

6 accordance with the provisions set forth in this Act regarding

7 the provision of a hearing for the discipline of a licensee.

8   (b) The Department may investigate any and all unlicensed

9 activity.

10  (c) The civil penalty shall be paid within 60 days after

11 the effective date of the order imposing the civil penalty.

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

13 execution had thereon in the same manner as any judgment from

14 any court of record.

15 (Source: P.A. 100-372, eff. 8-25-17.)

16  (225 ILCS 55/95) (from Ch. 111, par. 8351-95)

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

18  Sec. 95. Investigation; notice and hearing.

19  (a) The Department may investigate the actions or

20 qualifications of any person or persons holding or claiming to

21 hold a license under this Act.

22  (b) The Department shall, before disciplining an applicant

23 or licensee, at least 30 days before the date set for the

24 hearing, (i) notify the accused in writing of any charges made

25 and the time and place for a hearing on the charges, (ii)
    HB5387 Enrolled          - 87 - LRB104 18003 AAS 31440 b

1 direct the accused him or her to file a written answer to the

2 charges under oath within 20 days after the service on the

3 accused him or her of such notice, and (iii) inform the

4 applicant or licensee that failure to file an answer will

5 result in a default being entered against the applicant or

6 licensee.

7   (c) At the time and place fixed in the notice, the Board or

8 hearing officer appointed by the Secretary shall proceed to

9 hear the charges, and the parties or their counsel shall be

10 accorded ample opportunity to present any pertinent

11 statements, testimony, evidence, and arguments. The Board or

12 hearing officer may continue the hearing from time to time. In

13 case the person, after receiving notice, fails to file an

14 answer, the person's his or her license may, in the discretion

15 of the Secretary having first received the recommendation of

16 the Board,, be suspended, revoked, or placed on probationary

17 status, or be subject to whatever disciplinary action the

18 Secretary considers proper, including limiting the scope,

19 nature, or extent of the person's practice or the imposition

20 of a fine, without a hearing, if the act or acts charged

21 constitute sufficient grounds for such action under this Act.

22  (d) Written or electronic notice, and any notice in the

23 subsequent proceeding, may be served by personal delivery, by

24 email, or by mail to the applicant or licensee at the

25 applicant's or licensee's his or her address of record or

26 email address of record.
    HB5387 Enrolled  - 88 - LRB104 18003 AAS 31440 b

1 (Source: P.A. 100-372, eff. 8-25-17; revised 6-24-25.)

2   (225 ILCS 55/135) (from Ch. 111, par. 8351-135)

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

4   Sec. 135. Restoration. At any time after the successful

5 completion of a term of probation, suspension, or revocation

6 of any license, the Department may restore the license to the

7 licensee, upon the written recommendation of the Board, unless

8 after an investigation and a hearing the Board or Department

9 determines that restoration is not in the public interest.

10 Where circumstances of suspension or revocation so indicate,

11 the Department may require an examination of the licensee

12 prior to restoring the his or her license. No person whose

13 license has been revoked as authorized in this Act may apply

14 for restoration of that license or permit until such time as

15 provided for in the Civil Administrative Code of Illinois.

16 (Source: P.A. 100-372, eff. 8-25-17.)

17  (225 ILCS 55/145) (from Ch. 111, par. 8351-145)

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

19  Sec. 145. Summary suspension. The Secretary may summarily

20 suspend the license of a marriage and family therapist or an

21 associate licensed marriage and family therapist without a

22 hearing, simultaneously with the institution of proceedings

23 for a hearing provided for in this Act, if the Secretary finds

24 that evidence in the Secretary's his or her possession
    HB5387 Enrolled   - 89 - LRB104 18003 AAS 31440 b

1 indicates that a marriage and family therapist's or associate
2 licensed marriage and family therapist's continuation in
3 practice would constitute an imminent danger to the public. In
4 the event that the Secretary summarily suspends the license of
5 a marriage and family therapist or an associate licensed
6 marriage and family therapist without a hearing, a hearing by
7 the Board or Department must be held within 30 calendar days
8 after the suspension has occurred.
9 (Source: P.A. 100-372, eff. 8-25-17.)

10  Section 20. The Massage Therapy Practice Act is amended by

11 changing Sections 15, 17, 19, 25, 30, 32, 35, 45, 50, 68, 70,

12 75, 90, 95, 100, 105, and 165 as follows:

13  (225 ILCS 57/15)

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

15  Sec. 15. Licensure requirements.

16  (a) Persons engaged in massage for compensation must be

17 licensed by the Department. The Department shall issue a

18 license to an individual who meets all of the following

19 requirements:

20  (1) The applicant has applied in writing or

21  electronically on the prescribed forms provided by the

22  Department and has paid the required fees.

23  (2) The applicant is at least 18 years of age and of

24  good moral character. In determining good moral character,
    HB5387 Enrolled  - 90 - LRB104 18003 AAS 31440 b

1   the Department may take into consideration conviction of

2   any crime under the laws of the United States or any state

3   or territory thereof that is a felony or a misdemeanor or

4   any crime that is directly related to the practice of the

5   profession. Such a conviction shall not operate

6   automatically as a complete bar to a license, except in

7   the case of any conviction listed under subsection (c) of

8   Section 45 for prostitution, rape, or sexual misconduct,

9   or where the applicant is a registered sex offender.

10  (3) The applicant has successfully completed a massage

11  therapy program approved by the Department that requires a

12  minimum of 500 hours, except applicants applying on or

13  after January 1, 2014 shall meet a minimum requirement of

14  600 hours, and has passed a competency examination

15  approved by the Department.

16  (b) Each applicant for licensure as a massage therapist

17 shall have the applicant's his or her fingerprints submitted

18 to the Illinois State Police in an electronic format that

19 complies with the form and manner for requesting and

20 furnishing criminal history record information as prescribed

21 by the Illinois State Police. These fingerprints shall be

22 checked against the Illinois State Police and Federal Bureau

23 of Investigation criminal history record databases now and

24 hereafter filed. The Illinois State Police shall charge

25 applicants a fee for conducting the criminal history records

26 check, which shall be deposited into the State Police Services
    HB5387 Enrolled         - 91 - LRB104 18003 AAS 31440 b

1 Fund and shall not exceed the actual cost of the records check.

2 The Illinois State Police shall furnish, pursuant to positive

3 identification, records of Illinois convictions to the

4 Department. The Department may require applicants to pay a

5 separate fingerprinting fee, either to the Department or to a

6 vendor. The Department, in its discretion, may allow an

7 applicant who does not have reasonable access to a designated

8 vendor to provide the applicant's his or her fingerprints in

9 an alternative manner. The Department may adopt any rules

10 necessary to implement this Section.

11  (c) Each applicant for licensure as a massage therapist

12 shall submit a copy of a current and valid form of government

13 identification that includes a photograph of the licensee,

14 including, but not limited to, a State-issued driver's

15 license, a State identification card, or a passport.

16 (Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;

17 102-813, eff. 5-13-22.)

18  (225 ILCS 57/17)

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

20  Sec. 17. Social Security number or individual taxpayer

21 identification number on license application. In addition to

22 any other information required to be contained in the

23 application, every application for an original, renewal,

24 reinstated, or restored license as a massage therapist under

25 this Act shall include the applicant's Social Security number
    HB5387 Enrolled       - 92 - LRB104 18003 AAS 31440 b

1 or individual taxpayer identification number.
2 (Source: P.A. 97-514, eff. 8-23-11.)

3   (225 ILCS 57/19)

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

5   Sec. 19. Endorsement. The Department may, in its

6 discretion, license as a massage therapist, by endorsement

7 upon , on payment of the required fee and submission of an

8 application, an applicant who is a massage therapist licensed

9 under the laws of another state or territory, if the

10 requirements for licensure in the state or territory in which

11 the applicant was licensed were, at the date of the

12 applicant's his or her licensure, substantially equivalent to

13 the requirements in force in this State on that date. The

14 Department may adopt any rules necessary to implement this

15 Section.

16  Applicants have 3 years from the date of application to

17 complete the application process. If the process has not been

18 completed within the 3 years, the application shall expire be

19 denied, the fee forfeited, and the applicant must reapply and

20 meet the requirements in effect at the time of reapplication.

21 (Source: P.A. 97-514, eff. 8-23-11.)

22  (225 ILCS 57/25)

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

24  Sec. 25. Exemptions.
    HB5387 Enrolled         - 93 - LRB104 18003 AAS 31440 b

1   (a) This Act does not prohibit a person licensed under any

2 other Act in this State from engaging in the practice for which

3 the person he or she is licensed.

4   (b) Persons exempted under this Section include, but are

5 not limited to, physicians, podiatric physicians, naprapaths,

6 and physical therapists.

7   (c) Nothing in this Act prohibits qualified members of

8 other professional groups, including, but not limited to,

9 nurses, occupational therapists, cosmetologists, and

10 estheticians, from performing massage in a manner consistent

11 with their training and the code of ethics of their respective

12 professions.

13  (d) Nothing in this Act prohibits a student of an approved

14 massage school or program from performing massage, provided

15 that the student does not hold the student himself or herself

16 out as a licensed massage therapist and does not receive

17 compensation, including tips, for massage therapy services.

18  (e) Nothing in this Act prohibits practitioners that do

19 not involve intentional soft tissue manipulation, including,

20 but not limited to, Alexander Technique, Feldenkrais, Reike,

21 and Therapeutic Touch, from practicing.

22  (f) Practitioners of certain service marked bodywork

23 approaches that do involve intentional soft tissue

24 manipulation, including, but not limited to, Rolfing, Trager

25 Approach, Polarity Therapy, and Orthobionomy, are exempt from

26 this Act if they are approved by their governing body based on
    HB5387 Enrolled         - 94 - LRB104 18003 AAS 31440 b

1 a minimum level of training, demonstration of competency, and

2 adherence to ethical standards.

3   (g) (Blank). Until January 1, 2024, members of the

4 American Organization for Bodywork Therapies of Asia are

5 exempt from licensure under this Act.

6   (h) Practitioners of other forms of bodywork who restrict

7 manipulation of soft tissue to the feet, hands, and ears, and

8 who do not have the client disrobe, such as reflexology, are

9 exempt from this Act.

10  (i) Nothing in this Act applies to massage therapists from

11 other states or countries when providing educational programs

12 for a period not exceeding 30 days within a calendar year.

13  (j) Nothing in this Act prohibits a person from treating

14 ailments by spiritual means through prayer alone in accordance

15 with the tenets and practices of a recognized church or

16 religious denomination.

17  (k) Nothing in this Act applies to the practice of massage

18 therapy by a person either actively licensed as a massage

19 therapist in another state or currently certified by the

20 National Certification Board of Therapeutic Massage and

21 Bodywork or other national certifying body if said person's

22 state does not license massage therapists, if the person

23 performs he or she is performing his or her duties for a

24 Department-approved educational program for less than 30 days

25 in a calendar year, a Department-approved continuing education

26 program for less than 30 days in a calendar year, a
    HB5387 Enrolled   - 95 - LRB104 18003 AAS 31440 b

1 non-Illinois based team or professional organization, or for a
2 national athletic event held in this State, so long as the
3 massage therapist he or she restricts the massage therapist's
4 his or her practice to the massage therapist's his or her team
5 or organization or to event participants during the course of
6 the massage therapist's his or her team's or organization's
7 stay in this State or for the duration of the event.
8 (Source: P.A. 101-421, eff. 8-16-19; 102-20, eff. 1-1-22.)

9   (225 ILCS 57/30)

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

11  Sec. 30. Title protection.

12  (a) Persons regulated by this Act are designated as

13 massage therapists and therefore are exclusively entitled to

14 utilize the terms "massage", "massage therapy", "licensed

15 massage therapist", "LMT", "MT", and "massage therapist" when

16 advertising or printing promotional material.

17  (b) Anyone who knowingly aids and abets one or more

18 persons not authorized to use a professional title regulated

19 by this Act or knowingly employs persons not authorized to use

20 the regulated professional title in the course of their

21 employment, commits a violation of this Act.

22  (c) Anyone not authorized, under the definitions of this

23 Act, to utilize the term "massage", "massage therapy",

24 "licensed massage therapist", "LMT", "MT", or "massage

25 therapist" and who knowingly utilizes these terms when
    HB5387 Enrolled   - 96 - LRB104 18003 AAS 31440 b

1 advertising commits a violation of this Act.

2   (d) Nothing in this Act shall prohibit the use of the terms

3 "massage", "massage therapy", or "massage therapist" by a

4 salon registered under the Barber, Cosmetology, Esthetics,

5 Hair Braiding, and Nail Technology Act of 1985, provided that

6 the salon offers massage therapy services in accordance with

7 this Act.

8 (Source: P.A. 97-514, eff. 8-23-11.)

9   (225 ILCS 57/32)

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

11  Sec. 32. Display. Every holder of a license shall display

12 it, or a copy, in a conspicuous place in the holder's principal

13 place of practice and office or any other location where the

14 holder renders massage therapy services, and shall also

15 present the holder's license and either an employer-issued

16 badge that includes the holder's name and a photograph of the

17 holder or a valid government identification that includes a

18 photograph of the holder upon request of a client. A holder

19 shall provide valid government identification that includes a

20 photograph of the holder to a Department representative upon

21 request when providing massage therapist services at any

22 location. Every displayed license shall have the license

23 number visible.

24 (Source: P.A. 102-20, eff. 1-1-22.)
   HB5387 Enrolled   - 97 - LRB104 18003 AAS 31440 b

1  (225 ILCS 57/35)

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

3  Sec. 35. Massage Licensing Board.

4  (a) The Secretary shall appoint a Massage Licensing Board,

5 which shall serve in an advisory capacity to the Secretary.

6 The Board shall consist of 7 members, of whom 6 shall be

7 practicing massage therapists with at least 3 years of

8 experience in massage. One of the massage therapist members

9 shall represent a massage therapy school from the private

10 sector and one of the massage therapist members shall

11 represent a massage therapy school from the public sector. One

12 of the massage therapist members shall be an owner of a massage

13 business. One member of the Board shall be a member of the

14 public who is not licensed under this Act, does not have any

15 interest in massage therapy schools, does not own a massage

16 therapy business, does not have any interest in businesses

17 related to massage therapy, is not licensed as a healthcare

18 worker in this State, as defined in the Health Care Worker

19 Self-Referral Act, is not licensed under the Barber,

20 Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act

21 of 1985, and is not licensed under similar Acts in or a similar

22 Act in Illinois or another jurisdiction. Membership on the

23 Board shall reasonably reflect the various massage therapy and

24 non-exempt bodywork organizations. Membership on the Board

25 shall reasonably reflect the geographic areas of the State.

26 The Board shall meet annually to elect a chairperson and vice
    HB5387 Enrolled  - 98 - LRB104 18003 AAS 31440 b

1 chairperson. The Board shall hold regularly scheduled meetings

2 during the year. A simple majority of the Board shall

3 constitute a quorum at any meeting. Any action taken by the

4 Board must be on the affirmative vote of a simple majority of

5 members. Voting by proxy shall not be permitted. In the case of

6 an emergency where all Board members cannot meet in person,

7 the Board may convene a meeting via an electronic format in

8 accordance with the Open Meetings Act.

9   (b) Members shall be appointed to a 3-year term, except

10 that initial appointees shall serve the following terms: 2

11 members shall serve for one year, 2 members shall serve for 2

12 years, and 3 members shall serve for 3 years. A member whose

13 term has expired shall continue to serve until a his or her

14 successor is appointed. No member shall be reappointed to the

15 Board for a term that would cause the member's his or her

16 continuous service on the Board to exceed 9 years. In the case

17 of a Board member position that is vacated before the end of

18 the member's term, an individual may be appointed to serve the

19 unexpired portion of that term, and appointments Appointments

20 to fill vacancies shall be made in the same manner as the

21 original appointments for the unexpired portion of the vacated

22 term.

23  (c) The members of the Board are entitled to receive

24 compensation for all legitimate and necessary expenses

25 incurred while attending Board and Department meetings.

26  (d) Members of the Board shall be immune from suit in any
    HB5387 Enrolled       - 99 - LRB104 18003 AAS 31440 b

1 action based upon any disciplinary proceedings or other

2 activities performed in good faith as members of the Board.

3   (e) The Secretary may shall consider the recommendations

4 of the Board on questions involving the standards of

5 professional conduct, discipline, and qualifications of

6 candidates and licensees under this Act. Nothing shall limit

7 the ability of the Board to provide recommendations to the

8 Secretary with in regard to any matter affecting the

9 administration of this Act. The Secretary shall give due

10 consideration to all recommendations of the Board.

11  (f) The Secretary may terminate the appointment of any

12 member for cause which, in the opinion of the Secretary

13 reasonably justifies termination, which may include, but is

14 not limited to, a Board member who does not attend 2

15 consecutive meetings.

16 (Source: P.A. 97-514, eff. 8-23-11.)

17  (225 ILCS 57/45)

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

19  Sec. 45. Grounds for discipline.

20  (a) The Department may refuse to issue or 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 imposition of fines not

24 to exceed $10,000 for each violation, with regard to any

25 license or licensee for any one or more of the following:
    HB5387 Enrolled  - 100 - LRB104 18003 AAS 31440 b

1   (1) violations of this Act or of the rules adopted

2   under this Act;

3   (2) conviction by plea of guilty or nolo contendere,

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

5   sentencing of any crime, 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: (i)

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

10  essential element of which is dishonesty, or that is

11  directly related to the practice of the profession;

12  (3) professional incompetence, which may include, but

13  is not limited to, failure of a licensee to adhere to the

14  professional code of ethics established by nationally

15  recognized professional organizations;

16  (4) advertising in a false, deceptive, or misleading

17  manner, including failing to use the massage therapist's

18  own license number in an advertisement;

19  (5) aiding, abetting, assisting, procuring, advising,

20  employing, or contracting with any unlicensed person to

21  practice massage contrary to any rules or provisions of

22  this Act;

23  (6) engaging in immoral conduct in the commission of

24  any act, such as sexual abuse, sexual misconduct, or

25  sexual exploitation, related to the licensee's practice;

26  (7) engaging in dishonorable, unethical, or
    HB5387 Enrolled             - 101 - LRB104 18003 AAS 31440 b

1   unprofessional conduct of a character likely to deceive,

2   defraud, or harm the public;

3   (8) practicing or offering to practice beyond the

4   scope permitted by law or accepting and performing

5   professional responsibilities which the licensee knows or

6   has reason to know that the licensee he or she is not

7   competent to perform;

8   (9)              knowingly    delegating  professional

9   responsibilities to a person unqualified by training,

10  experience, or licensure to perform;

11  (10) failing to provide information in response to a

12  written request made by the Department within 60 days;

13  (11) having a habitual or excessive use of or

14  addiction to alcohol, narcotics, stimulants, or any other

15  chemical agent or drug which results in the inability to

16  practice with reasonable judgment, skill, or safety;

17  (12) having a pattern of practice or other behavior

18  that demonstrates incapacity or incompetence to practice

19  under this Act;

20  (13) discipline by another state, District of

21  Columbia, territory, or foreign nation, if at least one of

22  the grounds for the discipline is the same or

23  substantially equivalent to those set forth in this

24  Section;

25  (14) a finding by the Department that the licensee,

26  after having the licensee's his or her license placed on
    HB5387 Enrolled  - 102 - LRB104 18003 AAS 31440 b

1   probationary status, has violated the terms of probation;

2   (15) willfully making or filing false records or

3   reports in the person's his or her practice, including,

4   but not limited to, false records filed with State

5   agencies or departments;

6   (16) making a material misstatement in furnishing

7   information to the Department or otherwise making

8   misleading, deceptive, untrue, or fraudulent

9   representations in violation of this Act or otherwise in

10  the practice of the profession;

11  (17) fraud or misrepresentation in applying for or

12  procuring a license under this Act or in connection with

13  applying for renewal of a license under this Act;

14  (18) inability to practice the profession with

15  reasonable judgment, skill, or safety as a result of

16  physical illness, including, but not limited to,

17  deterioration through the aging process, loss of motor

18  skill, or a mental illness or disability;

19  (19) charging for professional services not rendered,

20  including filing false statements for the collection of

21  fees for which services are not rendered, except that

22  licensees may charge a client fees for late cancellations

23  and failure to attend appointments if the client is

24  informed of the fees for late cancellations and failure to

25  attend appointments at the time of booking an appointment;

26  (20) practicing under a false or, except as provided
    HB5387 Enrolled     - 103 - LRB104 18003 AAS 31440 b

1   by law, an assumed name; or

2   (21) cheating on or attempting to subvert the

3   licensing examination administered under this Act.

4   All fines shall be paid within 60 days of the effective

5 date of the order imposing the fine.

6   (b) A person not licensed under this Act and engaged in the

7 business of offering massage therapy services through others,

8 shall not aid, abet, assist, procure, advise, employ, or

9 contract with any unlicensed person to practice massage

10 therapy contrary to any rules or provisions of this Act. A

11 person violating this subsection (b) shall be treated as a

12 licensee for the purposes of disciplinary action under this

13 Section and shall be subject to cease and desist orders as

14 provided in Section 90 of this Act.

15  (c) Notwithstanding any other law to the contrary, the The

16 Department shall revoke, without a hearing, any license issued

17 under this Act of any person who is convicted of any offense

18 related to sexual assault under the laws of any jurisdiction,

19 including, without limitation, the following:

20  (1) prostitution;,

21  (2) rape;,

22  (3) sexual misconduct;,

23  (4) involuntary sexual servitude of a minor;

24  (5) battery against a patient, including any offense

25  based on sexual conduct or sexual penetration, in the

26  course of patient care or treatment; or
    HB5387 Enrolled  - 104 - LRB104 18003 AAS 31440 b

1         (6) any crime that subjects the licensee to compliance

2   with the requirements of the Sex Offender Registration

3   Act. and any

4   Any such conviction listed in this subsection (c) shall

5 operate as a permanent bar in the State of Illinois to practice

6 as a massage therapist. No person who has been convicted of any

7 offense listed in this subsection (c) or who is required at any

8 point to register as a sex offender may receive, maintain, or

9 restore a license as a massage therapist in Illinois.

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
    HB5387 Enrolled  - 105 - LRB104 18003 AAS 31440 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 the

24 licensed massage therapist's his or her license until the

25 completion of the criminal proceedings.

26  If the licensee is not convicted of the charge or if any
    HB5387 Enrolled   - 106 - LRB104 18003 AAS 31440 b

1 conviction is later overturned by a reviewing court, the

2 administrative order shall be vacated and removed from the

3 licensee's record.

4   The Department may adopt rules to implement this

5 subsection.

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

7 license of any person who fails to file a tax return, to pay

8 the tax, penalty, or interest shown in a filed tax return, or

9 to pay any final assessment of tax, penalty, or interest, as

10 required by any tax Act administered by the Illinois

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

12 the tax Act are satisfied in accordance with subsection (g) of

13 Section 2105-15 of the Civil Administrative Code of Illinois.

14  (e) (Blank).

15  (f) In cases where the Department of Healthcare and Family

16 Services has previously determined that a licensee or a

17 potential licensee is more than 30 days delinquent in the

18 payment of child support and has subsequently certified the

19 delinquency to the Department, the Department may refuse to

20 issue or renew or may revoke or suspend that person's license

21 or may take other disciplinary action against that person

22 based solely upon the certification of delinquency made by the

23 Department of Healthcare and Family Services in accordance

24 with item (5) of subsection (a) of Section 2105-15 of the Civil

25 Administrative Code of Illinois.

26  (g) The determination by a circuit court that a licensee
   HB5387 Enrolled  - 107 - LRB104 18003 AAS 31440 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 a finding by a court that the patient is no

5 longer subject to involuntary admission or judicial admission

6 and the issuance of a court order so finding and discharging

7 the patient.

8  (h) In enforcing this Act, the Department or Board, upon a

9 showing of a possible violation, may compel an individual

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, as required by and at the expense of the

13 Department. The Department or Board may order the examining

14 physician to present testimony concerning the mental or

15 physical examination of the licensee or applicant. No

16 information shall be excluded by reason of any common law or

17 statutory privilege relating to communications between the

18 licensee or applicant and the examining physician. The

19 examining physicians shall be specifically designated by the

20 Board or Department. The individual to be examined may have,

21 at the individual's his or her own expense, another physician

22 of the individual's his or her choice present during all

23 aspects of this examination. The examination shall be

24 performed by a physician licensed to practice medicine in all

25 its branches. Failure of an individual to submit to a mental or

26 physical examination, when directed, shall result in an
    HB5387 Enrolled  - 108 - LRB104 18003 AAS 31440 b

1 automatic suspension without hearing.

2   A person holding a license under this Act or who has

3 applied for a license under this Act who, because of a physical

4 or mental illness or disability, including, but not limited

5 to, deterioration through the aging process or loss of motor

6 skill, is unable to practice the profession with reasonable

7 judgment, skill, or safety, may be required by the Department

8 to submit to care, counseling, or treatment by physicians

9 approved or designated by the Department as a condition, term,

10 or restriction for continued, reinstated, or renewed licensure

11 to practice. Submission to care, counseling, or treatment as

12 required by the Department shall not be considered discipline

13 of a license. If the licensee refuses to enter into a care,

14 counseling, or treatment agreement or fails to abide by the

15 terms of the agreement, the Department may file a complaint to

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

17 individual. The Secretary may order the license suspended

18 immediately, pending a hearing by the Department. Fines shall

19 not be assessed in disciplinary actions involving physical or

20 mental illness or impairment.

21  In instances in which the Secretary immediately suspends a

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

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

24 days after the suspension and completed without appreciable

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

26 review the subject individual's record of treatment and
    HB5387 Enrolled   - 109 - LRB104 18003 AAS 31440 b

1 counseling regarding the impairment to the extent permitted by

2 applicable federal statutes and regulations safeguarding the

3 confidentiality of medical records.

4   An individual licensed under this Act and affected under

5 this Section shall be afforded an opportunity to demonstrate

6 to the Department or Board that the individual he or she can

7 resume practice in compliance with acceptable and prevailing

8 standards under the provisions of the individual's his or her

9 license.

10 (Source: P.A. 103-757, eff. 8-2-24; 104-417, eff. 8-15-25.)

11  (225 ILCS 57/50)

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

13  Sec. 50. Advertising. It is a misdemeanor for any person,

14 organization, or corporation to advertise massage services

15 unless the person providing the service holds a valid license

16 under this Act, except for those excluded licensed

17 professionals who are allowed to include massage in their

18 scope of practice. A massage therapist may not advertise

19 unless the massage therapist he or she has a current license

20 issued by this State. A massage therapist shall include the

21 current license number issued by the Department on all

22 advertisements in accordance with paragraph (4) of subsection

23 (a) of Section 45. "Advertise" as used in this Section

24 includes, but is not limited to, the issuance of any card,

25 sign, or device to any person; the causing, permitting, or
    HB5387 Enrolled   - 110 - LRB104 18003 AAS 31440 b

1 allowing of any sign or marking on or in any building, vehicle,
2 or structure; advertising in any newspaper or magazine; any
3 listing or advertising in any directory under a classification
4 or heading that includes the words "massage", "massage
5 therapist", "therapeutic massage", or "massage therapeutic";
6 or commercials broadcast by any means.
7 (Source: P.A. 102-20, eff. 1-1-22.)

8   (225 ILCS 57/68)

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

10  Sec. 68. Abnormal skin growth education.

11  (a) In addition to any other requirements under this Act,

12 the following applicants must provide proof of completion of a

13 course approved by the Department in abnormal skin growth

14 education, including training on identifying melanoma:

15  (1) An applicant who submits an application for

16  original licensure on or after January 1, 2026.

17  (2) An applicant who was licensed before January 1,

18  2026 when submitting the applicant's first application for

19  renewal or restoration of a license on or after January 1,

20  2026.

21  (b) Nothing in this Section shall be construed to create a

22 cause of action or any civil liabilities or to require or

23 permit a licensee or applicant under this Act to practice

24 medicine or otherwise practice outside of the scope of

25 practice of a licensed massage therapist.
    HB5387 Enrolled   - 111 - LRB104 18003 AAS 31440 b

1   (c) A person licensed under this Act may refer an

2 individual to seek care from a medical professional regarding

3 an abnormal skin growth. Neither a person licensed under this

4 Act who completes abnormal skin growth education as a part of

5 the person's continuing education, nor the person's employer,

6 shall be civilly or criminally liable for acting in good faith

7 or failing to act on information obtained during the course of

8 practicing in the person's profession or employment concerning

9 potential abnormal skin growths.

10 (Source: P.A. 103-851, eff. 8-9-24.)

11  (225 ILCS 57/70)

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

13  Sec. 70. Restoration of expired licenses. A massage

14 therapist who has permitted the massage therapist's his or her

15 license to expire or who has had the massage therapist's his or

16 her license on inactive status may have the his or her license

17 restored by making application to the Department and filing

18 proof acceptable to the Department of the massage therapist's

19 his or her fitness to have the his or her license restored,

20 including sworn evidence certifying to active practice in

21 another jurisdiction satisfactory to the Department, and by

22 paying the required restoration fee and showing proof of

23 completion of required continuing education. Licensees must

24 provide proof of completion of 25 24 hours approved continuing

25 education to renew their license.
    HB5387 Enrolled  - 112 - LRB104 18003 AAS 31440 b

1   If the massage therapist has not maintained an active

2 practice in another jurisdiction satisfactory to the

3 Department, the Board shall determine, by an evaluation

4 program established by rule, the massage therapist's his or

5 her fitness to resume active status and may require the

6 massage therapist to complete a period of evaluated clinical

7 experience and may require successful completion of an

8 examination.

9   A massage therapist whose license has been expired or

10 placed on inactive status for more than 5 years may have the

11 his or her license restored by making application to the

12 Department and filing proof acceptable to the Department of

13 the massage therapist's his or her fitness to have the his or

14 her license restored, including sworn evidence certifying to

15 active practice in another jurisdiction, by paying the

16 required restoration fee, and by showing proof of the

17 completion of 25 24 hours of continuing education.

18  However, any massage therapist registrant whose license

19 has expired while the massage therapist he or she has been

20 engaged (i) in Federal Service on active duty with the United

21 States Army, Navy, Marine Corps, Air Force, Space Force, Coast

22 Guard, or Public Health Service or the State Militia called

23 into the service or training of the United States of America,

24 or (ii) in training or education under the supervision of the

25 United States preliminary to induction into the military

26 service, may have the massage therapist's his or her license
    HB5387 Enrolled   - 113 - LRB104 18003 AAS 31440 b

1 reinstated or restored without paying any lapsed renewal fees,
2 if within 2 years after honorable termination of such service,
3 training, or education, the massage therapist he or she
4 furnishes to the Department with satisfactory evidence to the
5 effect that the massage therapist he or she has been so engaged
6 and that the massage therapist's his or her service, training,
7 or education has been so terminated.
8 (Source: P.A. 103-746, eff. 1-1-25.)

9   (225 ILCS 57/75)

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

11  Sec. 75. Inactive licenses. Any massage therapist who

12 notifies the Department in writing or electronically on forms

13 provided prescribed by the Department may elect to place the

14 massage therapist's his or her license on inactive status and

15 shall, subject to rules of the Department, be excused from

16 payment of renewal fees until the massage therapist he or she

17 notifies the Department in writing of the massage therapist's

18 his or her desire to resume active status.

19  A massage therapist requesting restoration from inactive

20 status shall be required to pay the current renewal fee and

21 shall be required to restore the massage therapist's his or

22 her license as provided in Section 70 of this Act.

23  Any massage therapist whose license is on inactive status

24 shall not practice massage therapy in the State, and any

25 practice conducted shall be deemed unlicensed practice.
    HB5387 Enrolled   - 114 - LRB104 18003 AAS 31440 b

1 (Source: P.A. 92-860, eff. 6-1-03.)

2   (225 ILCS 57/90)

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

4   Sec. 90. Violations; injunction; cease and desist order.

5   (a) If any person violates a provision of this Act, the

6 Secretary may, in the name of the People of the State of

7 Illinois, through the Attorney General of the State of

8 Illinois or the State's Attorney in the county in which the

9 offense occurs, petition for an order enjoining the violation

10 or for an order enforcing compliance with this Act. Upon the

11 filing of a verified petition in court, the court may issue a

12 temporary restraining order, without notice or bond, and may

13 preliminarily and permanently enjoin the violation. If it is

14 established that the person has violated or is violating the

15 injunction, the court may punish the offender for contempt of

16 court. Proceedings under this Section shall be in addition to,

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

18 by this Act.

19  (b) If any person administers practices as a massage for

20 compensation therapist or holds oneself himself or herself out

21 as a massage therapist without being licensed under the

22 provisions of this Act, then the Secretary, any licensed

23 massage therapist, any interested party, or any person injured

24 thereby may petition for relief as provided in subsection (a)

25 of this Section or may apply to the circuit court of the county
    HB5387 Enrolled   - 115 - LRB104 18003 AAS 31440 b

1 in which the violation or some part thereof occurred, or in

2 which the person complained of has his or her principal place

3 of business or resides, to prevent the violation. The court

4 has jurisdiction to enforce obedience by injunction or by

5 other process restricting the person complained of from

6 further violation and enjoining upon the person's him or her

7 obedience.

8   (c) Whenever, in the opinion of the Department, a person

9 violates any provision of this Act, the Department may issue a

10 rule to show cause why an order to cease and desist should not

11 be entered against that person him or her. The rule shall

12 clearly set forth the grounds relied upon by the Department

13 and shall provide a period of 7 days from the date of the rule

14 to file an answer to the satisfaction of the Department.

15 Failure to answer to the satisfaction of the Department shall

16 cause an order to cease and desist to be issued.

17 (Source: P.A. 97-514, eff. 8-23-11.)

18  (225 ILCS 57/95)

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

20  Sec. 95. Investigations; notice and hearing. The

21 Department may investigate the actions of any applicant or of

22 any person or persons rendering or offering to render massage

23 therapy services or any person holding or claiming to hold a

24 license as a massage therapist. The Department shall, before

25 refusing to issue or renew a license or to discipline a
HB5387 Enrolled  - 116 - LRB104 18003 AAS 31440 b

 1 licensee under Section 45, at least 30 days prior to the date
 2 set for the hearing, (i) notify the accused in writing of the
 3 charges made and the time and place for the hearing on the
 4 charges, (ii) direct the accused him or her to file a written
 5 answer with the Department under oath within 20 days after the
 6 service of the notice, and (iii) inform the accused applicant
 7 or licensee that failure to file an answer will result in a
 8 default judgment being entered against the accused applicant
 9 or licensee. At the time and place fixed in the notice, the
10 Department shall proceed to hear the charges and the parties
11 of their counsel shall be accorded ample opportunity to
12 present any pertinent statements, testimony, evidence, and
13 arguments. The Department may continue the hearing from time
14 to time. In case the person, after receiving the notice, fails
15 to file an answer, the his or her license may, in the
16 discretion of the Department, be revoked, suspended, placed on
17 probationary status, or the Department may take whatever
18 disciplinary actions considered proper, including limiting the
19 scope, nature, or extent of the person's practice or the
20 imposition of a fine, without a hearing, if the act or acts
21 charged constitute sufficient grounds for that action under
22 the Act. The written notice may be served by personal
23 delivery, by certified mail to the accused's address of
24 record, or by email to the accused's email address of record.
25 (Source: P.A. 102-20, eff. 1-1-22.)
    HB5387 Enrolled    - 117 - LRB104 18003 AAS 31440 b

1   (225 ILCS 57/100)

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

3   Sec. 100. Record of proceedings Stenographer; transcript.

4 The Department, at its expense, shall provide a certified

5 shorthand reporter to take down the testimony and preserve a

6 record of all proceedings at the formal hearing of any case.

7 Any notice, all documents in the nature of pleadings, written

8 motions filed in the proceedings, the transcripts of

9 testimony, reports of the Board and hearing officer, and

10 orders of the Department shall be in the record of the

11 proceeding. The record may be made available to any person

12 interested in the hearing upon the payment of the fee required

13 by Section 2105-115 of the Department of Professional

14 Regulation Law of the Civil Administrative Code of Illinois.

15 The Department may contract for court reporting services, and,

16 in the event it does so, the Department shall provide the name

17 and contact information for the certified shorthand reporter

18 who transcribed the testimony at a hearing to any person

19 interested, who may obtain a copy of the transcript of any

20 proceedings at a hearing upon the payment of the fee specified

21 by the certified shorthand reporter. This charge shall be in

22 addition to any fee charged by the Department for certifying

23 the record.

24 (Source: P.A. 97-514, eff. 8-23-11.)

25  (225 ILCS 57/105)
    HB5387 Enrolled    - 118 - LRB104 18003 AAS 31440 b

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

2   Sec. 105. Subpoenas; depositions; oaths.

3   (a) The Department may subpoena and bring before it any

4 person to take the oral or written testimony or compel the

5 production of any books, papers, records, or any other

6 documents that the Secretary or the Secretary's his or her

7 designee deems relevant or material to any such investigation

8 or hearing conducted by the Department with the same fees and

9 in the same manner as prescribed in civil cases in the courts

10 of this State.

11  (b) Any circuit court, upon the application of the

12 licensee or the Department, may order the attendance and

13 testimony of witnesses and the production of relevant

14 documents, files, records, books, and papers in connection

15 with any hearing or investigation. The circuit court may

16 compel obedience to its order by proceedings for contempt.

17  (c) The Secretary, the hearing officer, any member of the

18 Board, or a certified shorthand court reporter may administer

19 oaths at any hearing the Department conducts. Notwithstanding

20 any other statute or Department rule to the contrary, all

21 requests for testimony, production of documents, or records

22 shall be in accordance with this Act.

23 (Source: P.A. 97-514, eff. 8-23-11.)

24  (225 ILCS 57/165)

25  (Section scheduled to be repealed on January 1, 2027)
    HB5387 Enrolled      - 119 - LRB104 18003 AAS 31440 b

1   Sec. 165. Unlicensed practice; violation; civil penalty.

2   (a) Any person who practices, offers to practice, attempts

3 to practice, or holds oneself himself or herself out to

4 practice massage therapy or as a massage therapist without

5 being licensed under this Act, or any person not licensed

6 under this Act who aids, abets, assists, procures, advises,

7 employs, or contracts with any unlicensed person to practice

8 massage therapy contrary to any rules or provisions of this

9 Act, shall, in addition to any other penalty provided by law,

10 pay a civil penalty to the Department in an amount not to

11 exceed $10,000 for each violation of this Act as determined by

12 the Department. The civil penalty shall be assessed by the

13 Department after a hearing is held in accordance with the

14 provisions set forth in this Act regarding the provision of a

15 hearing for the discipline of a licensee.

16  (b) The Department has the authority and power to

17 investigate any unlicensed activity.

18  (c) The civil penalty shall be paid within 60 days after

19 the effective date of the order imposing the civil penalty.

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

21 execution had thereon in the same manner as any judgment from

22 any court of record.

23  (d) All moneys collected under this Section shall be

24 deposited into the General Professions Dedicated Fund.

25 (Source: P.A. 97-514, eff. 8-23-11.)
    HB5387 Enrolled  - 120 - LRB104 18003 AAS 31440 b

1   Section 25. The Medical Practice Act of 1987 is amended by

2 changing Sections 5, 7.1, 9, 9.3, 9.5, 9.7, 11, 15, 17, 18, 21,

3 22, 22.2, 23, 26, 36, 37, 38, 40, 44, 49, 54, 54.2, 54.5, 58,

4 and 66 and by adding Section 70 as follows:

5   (225 ILCS 60/5) (from Ch. 111, par. 4400-5)

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

7   Sec. 5. Because the candid and conscientious evaluation of

8 clinical practices is essential to the provision of adequate

9 health care, it is the policy of this State to encourage peer

10 review by health care providers. Therefore, while serving upon

11 any committee whose purpose, directly or indirectly, is

12 internal quality control or medical study to reduce morbidity

13 or mortality, or for improving patient care or physician

14 services within a hospital duly licensed under the Hospital

15 Licensing Act, or within a professional association of persons

16 licensed under this Act, or the improving or benefiting of

17 patient care and treatment whether within a hospital or not,

18 or for the purpose of professional discipline, any person

19 serving on such committee, and any person providing service to

20 such committees, shall not be liable for civil damages as a

21 result of their acts, omissions, decisions, or any other

22 conduct in connection with their duties on such committees,

23 except those involving willful wilful or wanton misconduct.

24  Information considered shall be afforded the same status

25 as is information concerning medical studies by Part 21 of
   HB5387 Enrolled    - 121 - LRB104 18003 AAS 31440 b

1 Article VIII of the "Code of Civil Procedure", as now or
2 hereafter amended.
3 (Source: P.A. 85-1209; revised 6-24-25.)

4  (225 ILCS 60/7.1)

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

6  Sec. 7.1. Medical Board.

7  (A) There is hereby created the Illinois State Medical

8 Board. The Medical Board shall advise the Secretary. The

9 Medical Board shall consist of 17 members, to be appointed by

10 the Governor by and with the advice and consent of the Senate.

11 All members shall be residents of the State, not more than 8 of

12 whom shall be members of the same political party. All members

13 shall be voting members. Eight members shall be physicians

14 licensed to practice medicine in all of its branches in

15 Illinois possessing the degree of doctor of medicine. Two

16 members shall be physicians licensed to practice medicine in

17 all its branches in Illinois possessing the degree of doctor

18 of osteopathy or osteopathic medicine. Two of the physician

19 members shall be physicians who collaborate with physician

20 assistants. Two members shall be chiropractic physicians

21 licensed to practice in Illinois and possessing the degree of

22 doctor of chiropractic. Two members shall be physician

23 assistants licensed to practice in Illinois. Three members

24 shall be members of the public, who shall not be engaged in any

25 way, directly or indirectly, as providers of health care.
    HB5387 Enrolled  - 122 - LRB104 18003 AAS 31440 b

1   (B) Members of the Medical Board shall be appointed for

2 terms of 4 years. Upon the expiration of the term of any

3 member, their successor shall be appointed for a term of 4

4 years by the Governor by and with the advice and consent of the

5 Senate. The Governor shall fill any vacancy for the remainder

6 of the unexpired term with the advice and consent of the

7 Senate. Upon recommendation of the Medical Board, any member

8 of the Medical Board may be removed by the Governor for

9 misfeasance, malfeasance, or willful neglect of duty, after

10 notice, and a public hearing, unless such notice and hearing

11 shall be expressly waived in writing. Each member shall serve

12 on the Medical Board until their successor is appointed and

13 qualified. No member of the Medical Board shall serve more

14 than 2 consecutive 4-year terms.

15  In making appointments the Governor shall attempt to

16 ensure that the various social and geographic regions of the

17 State of Illinois are properly represented.

18  In making the designation of persons to act for the

19 several professions represented on the Medical Board, the

20 Governor shall give due consideration to recommendations by

21 members of the respective professions and by organizations

22 therein.

23  (C) The Medical Board shall annually elect one of its

24 voting members as chairperson and one as vice chairperson. No

25 officer shall be elected more than twice in succession to the

26 same office. Each officer shall serve until their successor
    HB5387 Enrolled  - 123 - LRB104 18003 AAS 31440 b

1 has been elected and qualified.

2   (D) A majority of the Medical Board members currently

3 appointed shall constitute a quorum. A vacancy in the

4 membership of the Medical Board shall not impair the right of a

5 quorum to exercise all the rights and perform all the duties of

6 the Medical Board. Any action taken by the Medical Board under

7 this Act may be authorized by resolution at any regular or

8 special meeting and each such resolution shall take effect

9 immediately. The Medical Board shall meet at least quarterly.

10  (E) Each member shall be paid their necessary expenses

11 while engaged in the performance of their duties.

12  (F) The Secretary shall select a Chief Medical Coordinator

13 and not less than 2 Deputy Medical Coordinators who shall not

14 be members of the Medical Board. Each medical coordinator

15 shall be a physician licensed to practice medicine in all of

16 its branches, and the Secretary shall set their rates of

17 compensation. The Secretary shall assign at least one medical

18 coordinator to a region composed of Cook County and such other

19 counties as the Secretary may deem appropriate, and such

20 medical coordinator or coordinators shall locate their office

21 in Chicago. The Secretary shall assign at least one medical

22 coordinator to a region composed of the balance of counties in

23 the State, and such medical coordinator or coordinators shall

24 locate their office in Springfield. The Chief Medical

25 Coordinator shall be the chief enforcement officer of this

26 Act. None of the functions, powers, or duties of the
    HB5387 Enrolled  - 124 - LRB104 18003 AAS 31440 b

1 Department with respect to policies regarding enforcement or

2 discipline under this Act, including the adoption of such

3 rules as may be necessary for the administration of this Act,

4 shall be exercised by the Department except upon review of the

5 Medical Board.

6   (G) The Secretary shall employ, in conformity with the

7 Personnel Code, investigators who are college graduates with

8 at least 2 years of investigative experience or one year of

9 advanced medical education. Upon the written request of the

10 Medical Board, the Secretary shall employ, in conformity with

11 the Personnel Code, such other professional, technical,

12 investigative, and clerical help, either on a full or

13 part-time basis as the Medical Board deems necessary for the

14 proper performance of its duties.

15  (H) Upon the specific request of the Medical Board, signed

16 by either the chairperson, vice chairperson, or a medical

17 coordinator of the Medical Board, the Department of Human

18 Services, the Department of Healthcare and Family Services,

19 the Illinois Department of State Police, or any other law

20 enforcement agency located in this State shall make available

21 any and all information that they have in their possession

22 regarding a particular case then under investigation by the

23 Medical Board.

24  (I) Members of the Medical Board shall be immune from suit

25 in any action based upon any disciplinary proceedings or other

26 acts performed in good faith as members of the Medical Board.
    HB5387 Enrolled         - 125 - LRB104 18003 AAS 31440 b

1   (J) The Medical Board may compile and establish a

2 statewide roster of physicians and other medical

3 professionals, including the several medical specialties, of

4 such physicians and medical professionals, who have agreed to

5 serve from time to time as advisors to the medical

6 coordinators. Such advisors shall assist the medical

7 coordinators or the Medical Board in their investigations and

8 participation in complaints against physicians. Such advisors

9 shall serve under contract and shall be reimbursed at a

10 reasonable rate for the services provided, plus reasonable

11 expenses incurred. While serving in this capacity, the

12 advisor, for any act undertaken in good faith and in the

13 conduct of his or her duties under this Section, shall be

14 immune from civil suit.

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

16  (225 ILCS 60/9) (from Ch. 111, par. 4400-9)

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

18  Sec. 9. Application for license. Each applicant for a

19 license shall:

20  (A) Make application on blank forms prepared and

21  furnished by the Department.

22  (B) Submit evidence satisfactory to the Department

23  that the applicant:

24  (1) is of good moral character. In determining

25  moral character under this Section, the Department may
    HB5387 Enrolled  - 126 - LRB104 18003 AAS 31440 b

1   take into consideration whether the applicant has

2   engaged in conduct or activities which would

3   constitute grounds for discipline under this Act. The

4   Department may also request the applicant to submit,

5   and may consider as evidence of moral character,

6   endorsements from 2 or 3 individuals licensed under

7   this Act;

8   (2) has the preliminary and professional education

9   required by this Act;

10  (3) (blank); and

11  (4) is physically, mentally, and professionally

12  capable of practicing medicine with reasonable

13  judgment, skill, and safety. In determining physical

14  and mental capacity under this Section, the Medical

15  Board may, upon a showing of a possible incapacity or

16  conduct or activities that would constitute grounds

17  for discipline under this Act, compel any applicant to

18  submit to a mental or physical examination and

19  evaluation, or both, as provided for in Section 22 of

20  this Act. The Medical Board may condition or restrict

21  any license, subject to the same terms and conditions

22  as are provided for the Medical Board under Section 22

23  of this Act. Any such condition of a restricted

24  license shall provide that the Chief Medical

25  Coordinator or Deputy Medical Coordinator shall have

26  the authority to review the subject physician's
    HB5387 Enrolled  - 127 - LRB104 18003 AAS 31440 b

1   compliance with such conditions or restrictions,

2   including, where appropriate, the physician's record

3   of treatment and counseling regarding the impairment,

4   to the extent permitted by applicable federal statutes

5   and regulations safeguarding the confidentiality of

6   medical records of patients. The Medical Board, in

7   determining mental capacity, shall consider the latest

8   recommendations of the Federation of State Medical

9   Boards.

10  In determining professional capacity under this

11  Section, an individual may be required to complete such

12  additional testing, training, or remedial education as the

13  Medical Board may deem necessary in order to establish the

14  applicant's present capacity to practice medicine with

15  reasonable judgment, skill, and safety. The Medical Board

16  may consider the following criteria, as they relate to an

17  applicant, as part of its determination of professional

18  capacity:

19  (1) Medical research in an established research

20  facility, hospital, college or university, or private

21  corporation.

22  (2) Specialized training or education.

23  (3) Publication of original work in learned,

24  medical, or scientific journals.

25  (4) Participation in federal, State, local, or

26  international public health programs or organizations.
    HB5387 Enrolled     - 128 - LRB104 18003 AAS 31440 b

1           (5) Professional service in a federal veterans or

2   military institution.

3           (5.5) Successful completion of a re-entry course.

4           (6) Any other professional activities deemed to

5   maintain and enhance the clinical capabilities of the

6   applicant.

7   Any applicant applying for a license to practice

8   medicine in all of its branches or for a license as a

9   chiropractic physician who has not been engaged in the

10  active practice of medicine or has not been enrolled in a

11  medical program for 2 years prior to application must

12  submit proof of professional capacity to the Medical

13  Board.

14  Any applicant applying for a temporary license that

15  has not been engaged in the active practice of medicine or

16  has not been enrolled in a medical program for longer than

17  5 years prior to application must submit proof of

18  professional capacity to the Medical Board.

19  (C) Designate specifically the name, location, and

20  kind of professional school, college, or institution of

21  which the applicant is a graduate and the category under

22  which the applicant seeks, and will undertake, to

23  practice.

24  (D) Pay to the Department at the time of application

25  the required fees.

26  (E) Pursuant to Department rules, as required, pass an
    HB5387 Enrolled         - 129 - LRB104 18003 AAS 31440 b

1   examination authorized by the Department to determine the

2   applicant's fitness to receive a license.

3   (F) Complete the application process within 3 years

4   from the date of application. If the process has not been

5   completed within 3 years, the application shall expire,

6   application fees shall be forfeited, and the applicant

7   must reapply and meet the requirements in effect at the

8   time of reapplication.

9 (Source: P.A. 102-20, eff. 1-1-22; 103-442, eff. 1-1-24.)

10  (225 ILCS 60/9.3)

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

12  Sec. 9.3. Withdrawal of application. Any applicant

13 applying for a license or permit under this Act may withdraw

14 the applicant's his or her application at any time. If an

15 applicant withdraws the applicant's his or her application

16 after receipt of a written Notice of Intent to Deny License or

17 Permit, then the withdrawal shall be reported to the

18 Federation of State Medical Boards.

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

20  (225 ILCS 60/9.5)

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

22  Sec. 9.5. Social Security Number or individual taxpayer

23 identification number on license application. In addition to

24 any other information required to be contained in the
    HB5387 Enrolled    - 130 - LRB104 18003 AAS 31440 b

1 application, every application for an original license under

2 this Act shall include the applicant's Social Security Number

3 or individual taxpayer identification number, which shall be

4 retained in the agency's records pertaining to the license. As

5 soon as practical, the Department shall assign a customer's

6 identification number to each applicant for a license.

7   Every application for a renewal or reinstated license

8 shall require the applicant's customer identification number.

9 (Source: P.A. 97-400, eff. 1-1-12; 98-1140, eff. 12-30-14.)

10  (225 ILCS 60/9.7)

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

12  Sec. 9.7. Criminal history records background check. Each

13 applicant for licensure or permit under Sections 9, 15.5, 18,

14 and 19 shall have the applicant's his or her fingerprints

15 submitted to the Illinois State Police in an electronic format

16 that complies with the form and manner for requesting and

17 furnishing criminal history record information as prescribed

18 by the Illinois State Police. These fingerprints shall be

19 checked against the Illinois State Police and Federal Bureau

20 of Investigation criminal history record databases now and

21 hereafter filed. The Illinois State Police shall charge

22 applicants a fee for conducting the criminal history records

23 check, which shall be deposited into the State Police Services

24 Fund and shall not exceed the actual cost of the records check.

25 The Illinois State Police shall furnish, pursuant to positive
    HB5387 Enrolled          - 131 - LRB104 18003 AAS 31440 b

 1 identification, records of Illinois convictions to the
 2 Department. The Department may require applicants to pay a
 3 separate fingerprinting fee, either to the Department or to a
 4 Department designated or approved vendor. The Department, in
 5 its discretion, may allow an applicant who does not have
 6 reasonable access to a designated vendor to provide the
 7 applicant's his or her fingerprints in an alternative manner.
 8 The Department may adopt any rules necessary to implement this
 9 Section.
10 (Source: P.A. 102-538, eff. 8-20-21.)

11  (225 ILCS 60/11) (from Ch. 111, par. 4400-11)

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

13  Sec. 11. Minimum education standards. The minimum

14 standards of professional education to be enforced by the

15 Department in conducting examinations and issuing licenses

16 shall be as follows:

17  (A) Practice of medicine. For the practice of medicine

18  in all of its branches:

19  (1) For applications for licensure under

20  subsection (D) of Section 19 of this Act:

21                   (a) that the applicant is a graduate of a

22  medical or osteopathic college in the United

23  States or, its territories and or Canada, that the

24  applicant has completed a 2-year 2 year course of

25  instruction in a college of liberal arts, or its
    HB5387 Enrolled  - 132 - LRB104 18003 AAS 31440 b

1   equivalent, and a course of instruction in a

2   medical or osteopathic college approved by the

3   Department or by a private, not-for-profit not for

4   profit accrediting body approved by the

5   Department, and in addition thereto, a course of

6   postgraduate clinical training of not less than 12

7   months as approved by the Department; or

8                    (b) that the applicant is a graduate of a

9   medical or osteopathic college located outside the

10  United States or, its territories or Canada, and

11  that the degree conferred is officially recognized

12  by the country for the purposes of licensure, that

13  the applicant has completed a 2-year 2 year course

14  of instruction in a college of liberal arts or its

15  equivalent, and a course of instruction in a

16  medical or osteopathic college approved by the

17  Department, which course shall have been not less

18  than 132 weeks in duration and shall have been

19  completed within a period of not less than 35

20  months, and, in addition thereto, has completed a

21  course of postgraduate clinical training of not

22  less than 12 months, as approved by the

23  Department, and has complied with any other

24  standards established by rule.

25                   For the purposes of this subparagraph (b) an

26  applicant is considered to be a graduate of a
    HB5387 Enrolled  - 133 - LRB104 18003 AAS 31440 b

1   medical college if the degree which is conferred

2   is officially recognized by that country for the

3   purposes of receiving a license to practice

4   medicine in all of its branches or a document is

5   granted by the medical college which certifies the

6   completion of all formal training requirements

7   including any internship and social service; or

8                    (c) that the applicant has studied medicine at

9   a medical or osteopathic college located outside

10  the United States or, its territories and , or

11  Canada, that the applicant has completed a 2-year

12  2 year course of instruction in a college of

13  liberal arts or its equivalent and all of the

14  formal requirements of a foreign medical school

15  except internship and social service, which course

16  shall have been not less than 132 weeks in

17  duration and shall have been completed within a

18  period of not less than 35 months; that the

19  applicant has submitted an application to a

20  medical college accredited by the Liaison

21  Committee on Medical Education and submitted to

22  such evaluation procedures, including use of

23  nationally recognized medical student tests or

24  tests devised by the individual medical college,

25  and that the applicant has satisfactorily

26  completed one academic year of supervised clinical
    HB5387 Enrolled  - 134 - LRB104 18003 AAS 31440 b

1   training under the direction of such medical

2   college; and, in addition thereto has completed a

3   course of postgraduate clinical training of not

4   less than 12 months, as approved by the

5   Department, and has complied with any other

6   standards established by rule.

7                    (d) Any clinical clerkship clerkships must

8   have been completed in compliance with Section

9   10.3 of the Hospital Licensing Act, as amended.

10  (2) Effective January 1, 1988, for applications

11  for licensure made subsequent to January 1, 1988,

12  under Sections 9 or 17 of this Act by individuals not

13  described in paragraph (3) of subsection (A) of

14  Section 11 who graduated after December 31, 1984:

15                   (a) that the applicant: (i) graduated from a

16  medical or osteopathic college officially

17  recognized by the jurisdiction in which it is

18  located for the purpose of receiving a license to

19  practice medicine in all of its branches, and the

20  applicant has completed, as defined by the

21  Department, a 6-year 6 year postsecondary course

22  of study comprising at least 2 academic years of

23  study in the basic medical sciences; and 2

24  academic years of study in the clinical sciences,

25  while enrolled in the medical college which

26  conferred the degree, the core rotations of which
    HB5387 Enrolled  - 135 - LRB104 18003 AAS 31440 b

1   must have been completed in clinical teaching

2   facilities owned, operated or formally affiliated

3   with the medical college which conferred the

4   degree, or under contract in teaching facilities

5   owned, operated or affiliated with another medical

6   college which is officially recognized by the

7   jurisdiction in which the medical school which

8   conferred the degree is located; or (ii) graduated

9   from a medical or osteopathic college accredited

10  by the Liaison Committee on Medical Education, the

11  Committee on Accreditation of Canadian Medical

12  Schools in conjunction with the Liaison Committee

13  on Medical Education, or the Bureau of

14  Professional Education of the American Osteopathic

15  Association; and, (iii) in addition thereto, has

16  completed 24 months of postgraduate clinical

17  training, as approved by the Department; or

18                   (b) that the applicant has studied medicine at

19  a medical or osteopathic college located outside

20  the United States or, its territories and , or

21  Canada, that the applicant, in addition to

22  satisfying the requirements of subparagraph (a),

23  except for the awarding of a degree, has completed

24  all of the formal requirements of a foreign

25  medical school except internship and social

26  service and has submitted an application to a
    HB5387 Enrolled  - 136 - LRB104 18003 AAS 31440 b

1   medical college accredited by the Liaison

2   Committee on Medical Education and submitted to

3   such evaluation procedures, including use of

4   nationally recognized medical student tests or

5   tests devised by the individual medical college,

6   and that the applicant has satisfactorily

7   completed one academic year of supervised clinical

8   training under the direction of such medical

9   college; and, in addition thereto, has completed

10  24 months of postgraduate clinical training, as

11  approved by the Department, and has complied with

12  any other standards established by rule.

13  (3) (Blank).

14  (4) Any person granted a temporary license

15  pursuant to Section 17 of this Act who shall

16  satisfactorily complete a course of postgraduate

17  clinical training and meet all of the requirements for

18  licensure shall be granted a permanent license

19  pursuant to Section 9.

20  (5) Notwithstanding any other provision of this

21  Section an individual holding a temporary license

22  under Section 17 of this Act shall be required to

23  satisfy the undergraduate medical and post-graduate

24  clinical training educational requirements in effect

25  on the date of their application for a temporary

26  license, provided they apply for a license under
    HB5387 Enrolled  - 137 - LRB104 18003 AAS 31440 b

1   Section 9 of this Act and satisfy all other

2   requirements of this Section while their temporary

3   license is in effect.

4   (B) Treating human ailments without drugs and without

5   operative surgery. For the practice of treating human

6   ailments without the use of drugs and without operative

7   surgery:

8   (1) For an applicant who was a resident student

9   and who is a graduate after July 1, 1926, of a

10  chiropractic college or institution, that such school,

11  college or institution, at the time of the applicant's

12  graduation required as a prerequisite to admission

13  thereto a 4-year 4 year course of instruction in a high

14  school, and, as a prerequisite to graduation

15  therefrom, a course of instruction in the treatment of

16  human ailments, of not less than 132 weeks in duration

17  and which shall have been completed within a period of

18  not less than 35 months except that as to students

19  matriculating or entering upon a course of

20  chiropractic study during the years 1940, 1941, 1942,

21  1943, 1944, 1945, 1946, and 1947, such elapsed time

22  shall be not less than 32 months, such high school and

23  such school, college or institution having been

24  reputable and in good standing in the judgment of the

25  Department.

26  (2) For an applicant who is a matriculant in a
    HB5387 Enrolled  - 138 - LRB104 18003 AAS 31440 b

1   chiropractic college after September 1, 1969, that

2   such applicant shall be required to complete a 2-year

3   2 year course of instruction in a liberal arts college

4   or its equivalent and a course of instruction in a

5   chiropractic college in the treatment of human

6   ailments, such course, as a prerequisite to graduation

7   therefrom, having been not less than 132 weeks in

8   duration and shall have been completed within a period

9   of not less than 35 months, such college of liberal

10  arts and chiropractic college having been reputable

11  and in good standing in the judgment of the

12  Department.

13  (3) For an applicant who is a graduate of a United

14  States chiropractic college after August 19, 1981, the

15  college of the applicant must be fully accredited by

16  the Commission on Accreditation of the Council on

17  Chiropractic Education or its successor at the time of

18  graduation. Such graduates shall be considered to have

19  met the minimum requirements which shall be in

20  addition to those requirements set forth in the rules

21  and regulations promulgated by the Department.

22  (4) For an applicant who is a graduate of a

23  chiropractic college in another country; that such

24  chiropractic college be equivalent to the standards of

25  education as set forth for chiropractic colleges

26  located in the United States.
    HB5387 Enrolled  - 139 - LRB104 18003 AAS 31440 b

1 (Source: P.A. 97-622, eff. 11-23-11.)

2   (225 ILCS 60/15) (from Ch. 111, par. 4400-15)

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

4   Sec. 15. Chiropractic physician; license for general

5 practice. Any chiropractic physician licensed under this Act

6 shall be permitted to take the examination for licensure as a

7 physician to practice medicine in all its branches and shall

8 receive a license to practice medicine in all of its branches

9 if the chiropractic physician he or she shall successfully

10 pass such examination, upon proof of having successfully

11 completed in a medical college, osteopathic college or

12 chiropractic college reputable and in good standing in the

13 judgment of the Department, courses of instruction in materia

14 medica, therapeutics, surgery, obstetrics, and theory and

15 practice deemed by the Department to be equal to the courses of

16 instruction required in those subjects for admission to the

17 examination for a license to practice medicine in all of its

18 branches, together with proof of having completed (a) the

19 2-year 2 year course of instruction in a college of liberal

20 arts, or its equivalent, required under this Act, and (b) a

21 course of postgraduate clinical training of not less than 24

22 months as approved by the Department.

23 (Source: P.A. 97-622, eff. 11-23-11.)

24  (225 ILCS 60/17) (from Ch. 111, par. 4400-17)
    HB5387 Enrolled  - 140 - LRB104 18003 AAS 31440 b

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

2   Sec. 17. Temporary license. Persons holding the degree of

3 Doctor of Medicine, persons holding the degree of Doctor of

4 Osteopathy or Doctor of Osteopathic Medicine, and persons

5 holding the degree of Doctor of Chiropractic or persons who

6 have satisfied the requirements therefor and are eligible to

7 receive such degree from a medical, osteopathic, or

8 chiropractic school, who wish to pursue programs of graduate

9 or specialty training in this State, may receive without

10 examination, in the discretion of the Department, a 3-year

11 temporary license. In order to receive a 3-year temporary

12 license hereunder, an applicant shall submit evidence

13 satisfactory to the Department that the applicant:

14  (A) Is of good moral character. In determining moral

15  character under this Section, the Department may take into

16  consideration whether the applicant has engaged in conduct

17  or activities which would constitute grounds for

18  discipline under this Act. The Department may also request

19  the applicant to submit, and may consider as evidence of

20  moral character, endorsements from 2 or 3 individuals

21  licensed under this Act;

22  (B) Has been accepted or appointed for specialty or

23  residency training by a hospital situated in this State or

24  a training program in hospitals or facilities maintained

25  by the State of Illinois or affiliated training facilities

26  which is approved by the Department for the purpose of
    HB5387 Enrolled     - 141 - LRB104 18003 AAS 31440 b

1   such training under this Act. The applicant shall indicate

2   the beginning and ending dates of the period for which the

3   applicant has been accepted or appointed;

4   (C) Has or will satisfy the professional education

5   requirements of Section 11 of this Act which are effective

6   at the date of application except for postgraduate

7   clinical training;

8   (D) Is physically, mentally, and professionally

9   capable of practicing medicine or treating human ailments

10  without the use of drugs and without operative surgery

11  with reasonable judgment, skill, and safety. In

12  determining physical, mental and professional capacity

13  under this Section, the Medical Board may, upon a showing

14  of a possible incapacity, compel an applicant to submit to

15  a mental or physical examination and evaluation, or both,

16  and may condition or restrict any temporary license,

17  subject to the same terms and conditions as are provided

18  for the Medical Board under Section 22 of this Act. Any

19  such condition of restricted temporary license shall

20  provide that the Chief Medical Coordinator or Deputy

21  Medical Coordinator shall have the authority to review the

22  subject physician's compliance with such conditions or

23  restrictions, including, where appropriate, the

24  physician's record of treatment and counseling regarding

25  the impairment, to the extent permitted by applicable

26  federal statutes and regulations safeguarding the
    HB5387 Enrolled  - 142 - LRB104 18003 AAS 31440 b

1   confidentiality of medical records of patients.

2   Three-year temporary licenses issued pursuant to this

3 Section shall be valid only for the period of time designated

4 therein, and may be extended or renewed pursuant to the rules

5 of the Department, and if a temporary license is thereafter

6 extended, it shall not extend beyond completion of the

7 residency program. The holder of a valid 3-year temporary

8 license shall be entitled thereby to perform only such acts as

9 may be prescribed by and incidental to the holder's his or her

10 program of residency training; the holder he or she shall not

11 be entitled to otherwise engage in the practice of medicine in

12 this State unless fully licensed in this State.

13  A 3-year temporary license may be revoked or suspended by

14 the Department upon proof that the holder thereof has engaged

15 in the practice of medicine in this State outside of the

16 program of the holder's his or her residency or specialty

17 training, or if the holder shall fail to supply the

18 Department, within 10 days of its request, with information as

19 to the holder's his or her current status and activities in his

20 or her specialty training program. Such a revocation or

21 suspension shall comply with the procedures set forth in

22 subsection (d) of Section 37 of this Act.

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

24  (225 ILCS 60/18) (from Ch. 111, par. 4400-18)

25  (Section scheduled to be repealed on January 1, 2027)
    HB5387 Enrolled  - 143 - LRB104 18003 AAS 31440 b

1   Sec. 18. Visiting professor, physician, or resident

2 permits.

3   (A) Visiting professor permit.

4   (1) A visiting professor permit shall entitle a person

5   to practice medicine in all of its branches or to practice

6   the treatment of human ailments without the use of drugs

7   and without operative surgery provided:

8           (a) the person maintains an equivalent

9   authorization to practice medicine in all of its

10  branches or to practice the treatment of human

11  ailments without the use of drugs and without

12  operative surgery in good standing in the person's his

13  or her native licensing jurisdiction during the period

14  of the visiting professor permit;

15          (b) the person has received a faculty appointment

16  to teach in a medical, osteopathic, or chiropractic

17  school in Illinois; and

18          (c) the Department may prescribe the information

19  necessary to establish an applicant's eligibility for

20  a permit. This information shall include, without

21  limitation: (i) a statement from the dean of the

22  medical school at which the applicant will be employed

23  describing the applicant's qualifications and (ii) a

24  statement from the dean of the medical school listing

25  every affiliated institution in which the applicant

26  will be providing instruction as part of the medical
    HB5387 Enrolled  - 144 - LRB104 18003 AAS 31440 b

1   school's education program and justifying any clinical

2   activities at each of the institutions listed by the

3   dean.

4   (2) Application for visiting professor permits shall

5   be made to the Department, in writing, on forms prescribed

6   by the Department and shall be accompanied by the required

7   fee established by rule, which shall not be refundable.

8   Any application shall require the information as, in the

9   judgment of the Department, will enable the Department to

10  pass on the qualifications of the applicant.

11  (3) A visiting professor permit shall be valid for no

12  longer than 2 years from the date of issuance or until the

13  time the faculty appointment is terminated, whichever

14  occurs first, and may be renewed only in accordance with

15  subdivision (A)(6) of this Section.

16  (4) The applicant may be required to appear before the

17  Medical Board for an interview prior to, and as a

18  requirement for, the issuance of the original permit and

19  the renewal.

20  (5) Persons holding a permit under this Section shall

21  only practice medicine in all of its branches or practice

22  the treatment of human ailments without the use of drugs

23  and without operative surgery in the State of Illinois in

24  their official capacity under their contract within the

25  medical school itself and any affiliated institution in

26  which the permit holder is providing instruction as part
    HB5387 Enrolled  - 145 - LRB104 18003 AAS 31440 b

1   of the medical school's educational program and for which

2   the medical school has assumed direct responsibility.

3   (6) After the initial renewal of a visiting professor

4   permit, a visiting professor permit shall be valid until

5   the last day of the next physician license renewal period,

6   as set by rule, and may only be renewed for applicants who

7   meet the following requirements:

8   (i) have obtained the required continuing

9   education hours as set by rule; and

10  (ii) have paid the fee prescribed for a license

11  under Section 21 of this Act.

12  For initial renewal, the visiting professor must

13 successfully pass a general competency examination authorized

14 by the Department by rule, unless the visiting professor he or

15 she was issued an initial visiting professor permit on or

16 after January 1, 2007, but prior to July 1, 2007.

17  (B) Visiting physician permit.

18  (1) The Department may, in its discretion, issue a

19  temporary visiting physician permit, without examination,

20  provided:

21  (a) (blank);

22  (b) that the person maintains an equivalent

23  authorization to practice medicine in all of its

24  branches or to practice the treatment of human

25  ailments without the use of drugs and without

26  operative surgery in good standing in the person's his
    HB5387 Enrolled  - 146 - LRB104 18003 AAS 31440 b

1   or her native licensing jurisdiction during the period

2   of the temporary visiting physician permit;

3   (c) that the person has received an invitation or

4   appointment to study, demonstrate, or perform a

5   specific medical, osteopathic, chiropractic, or

6   clinical subject or technique in a medical,

7   osteopathic, or chiropractic school, a state or

8   national medical, osteopathic, or chiropractic

9   professional association or society conference or

10  meeting, a hospital licensed under the Hospital

11  Licensing Act, a hospital organized under the

12  University of Illinois Hospital Act, or a facility

13  operated pursuant to the Ambulatory Surgical Treatment

14  Center Act; and

15  (d) that the temporary visiting physician permit

16  shall only permit the holder to practice medicine in

17  all of its branches or practice the treatment of human

18  ailments without the use of drugs and without

19  operative surgery within the scope of the medical,

20  osteopathic, chiropractic, or clinical studies, or in

21  conjunction with the state or national medical,

22  osteopathic, or chiropractic professional association

23  or society conference or meeting, for which the holder

24  was invited or appointed.

25  (2) The application for the temporary visiting

26  physician permit shall be made to the Department, in
    HB5387 Enrolled  - 147 - LRB104 18003 AAS 31440 b

1   writing, on forms prescribed by the Department, and shall

2   be accompanied by the required fee established by rule,

3   which shall not be refundable. The application shall

4   require information that, in the judgment of the

5   Department, will enable the Department to pass on the

6   qualification of the applicant, and the necessity for the

7   granting of a temporary visiting physician permit.

8   (3) A temporary visiting physician permit shall be

9   valid for no longer than (i) 180 days from the date of

10  issuance or (ii) until the time the medical, osteopathic,

11  chiropractic, or clinical studies are completed, or the

12  state or national medical, osteopathic, or chiropractic

13  professional association or society conference or meeting

14  has concluded, whichever occurs first. The temporary

15  visiting physician permit may be issued multiple times to

16  a visiting physician under this paragraph (3) as long as

17  the total number of days it is active does not exceed 180

18  days within a 365-day period.

19  (4) The applicant for a temporary visiting physician

20  permit may be required to appear before the Medical Board

21  for an interview prior to, and as a requirement for, the

22  issuance of a temporary visiting physician permit.

23  (5) A limited temporary visiting physician permit

24  shall be issued to a physician licensed in another state

25  who has been requested to perform emergency procedures in

26  Illinois if the physician he or she meets the requirements
    HB5387 Enrolled          - 148 - LRB104 18003 AAS 31440 b

1   as established by rule.

2   (C) Visiting resident permit.

3   (1) The Department may, in its discretion, issue a

4   temporary visiting resident permit, without examination,

5   provided:

6   (a) (blank);

7   (b) that the person maintains an equivalent

8   authorization to practice medicine in all of its

9   branches or to practice the treatment of human

10  ailments without the use of drugs and without

11  operative surgery in good standing in the person's his

12  or her native licensing jurisdiction during the period

13  of the temporary visiting resident permit;

14  (c) that the applicant is enrolled in a

15  postgraduate clinical training program outside the

16  State of Illinois that is approved by the Department;

17  (d) that the individual has been invited or

18  appointed for a specific period of time to perform a

19  portion of that post graduate clinical training

20  program under the supervision of an Illinois licensed

21  physician in an Illinois patient care clinic or

22  facility that is affiliated with the out-of-State post

23  graduate training program; and

24  (e) that the temporary visiting resident permit

25  shall only permit the holder to practice medicine in

26  all of its branches or practice the treatment of human
    HB5387 Enrolled  - 149 - LRB104 18003 AAS 31440 b

1   ailments without the use of drugs and without

2   operative surgery within the scope of the medical,

3   osteopathic, chiropractic, or clinical studies for

4   which the holder was invited or appointed.

5   (2) The application for the temporary visiting

6   resident permit shall be made to the Department, in

7   writing, on forms prescribed by the Department, and shall

8   be accompanied by the required fee established by rule.

9   The application shall require information that, in the

10  judgment of the Department, will enable the Department to

11  pass on the qualifications of the applicant.

12  (3) A temporary visiting resident permit shall be

13  valid for 180 days from the date of issuance or until the

14  time the medical, osteopathic, chiropractic, or clinical

15  studies are completed, whichever occurs first.

16  (4) The applicant for a temporary visiting resident

17  permit may be required to appear before the Medical Board

18  for an interview prior to, and as a requirement for, the

19  issuance of a temporary visiting resident permit.

20  (D) Postgraduate training exemption period; visiting

21 rotations. A person may participate in visiting rotations in

22 an approved postgraduate training program, not to exceed a

23 total of 90 days for all rotations, if the following

24 information is submitted in writing or electronically to the

25 Department by the patient care clinics or facilities where the

26 person will be performing the training or by an affiliated
    HB5387 Enrolled       - 150 - LRB104 18003 AAS 31440 b

1 program:

2   (1) The person who has been invited or appointed to

3   perform a portion of their postgraduate clinical training

4   program in Illinois.

5   (2) The name and address of the primary patient care

6   clinic or facility, the date the training is to begin, and

7   the length of time of the invitation or appointment.

8   (3) The name and license number of the Illinois

9   physician who will be responsible for supervising the

10  trainee and the medical director or division director of

11  the department or facility.

12  (4) Certification from the postgraduate training

13  program that the person is approved and enrolled in a

14  graduate training program approved by the Department in

15  their home state.

16 (Source: P.A. 103-551, eff. 8-11-23; 104-417, eff. 8-15-25.)

17  (225 ILCS 60/21) (from Ch. 111, par. 4400-21)

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

19  Sec. 21. License renewal; reinstatement; inactive status;

20 disposition and collection of fees.

21  (A) Renewal. The expiration date and renewal period for

22 each license issued under this Act shall be set by rule. The

23 holder of a license may renew the license by paying the

24 required fee. The holder of a license may also renew the

25 license within 90 days after its expiration by complying with
    HB5387 Enrolled             - 151 - LRB104 18003 AAS 31440 b

1 the requirements for renewal and payment of an additional fee.

2 A license renewal within 90 days after expiration shall be

3 effective retroactively to the expiration date.

4   The Department shall attempt to provide through electronic

5 means to each licensee under this Act, at least 60 days in

6 advance of the expiration date of the his or her license, a

7 renewal notice. No such license shall be deemed to have lapsed

8 until 90 days after the expiration date and after the

9 Department has attempted to provide such notice as herein

10 provided.

11  (B) Reinstatement. Any licensee who has permitted the

12 licensee's his or her license to lapse or who has had the

13 licensee's his or her license on inactive status may have the

14 licensee's his or her license reinstated by making application

15 to the Department and filing proof acceptable to the

16 Department of the licensee's his or her fitness to have the

17 license reinstated, including evidence certifying to active

18 practice in another jurisdiction satisfactory to the

19 Department, proof of meeting the continuing education

20 requirements for one renewal period, and by paying the

21 required reinstatement fee.

22  If the licensee has not maintained an active practice in

23 another jurisdiction satisfactory to the Department, the

24 Medical Board shall determine, by an evaluation program

25 established by rule, the applicant's fitness to resume active

26 status and may require the licensee to complete a period of
    HB5387 Enrolled          - 152 - LRB104 18003 AAS 31440 b

1 evaluated clinical experience and may require successful

2 completion of a practical examination specified by the Medical

3 Board.

4   However, any registrant whose license has expired while

5 the registrant he or she has been engaged (a) in Federal

6 Service on active duty with the Army of the United States, the

7 United States Navy, the Marine Corps, the Air Force, the Coast

8 Guard, the Public Health Service or the State Militia called

9 into the service or training of the United States of America,

10 or (b) in training or education under the supervision of the

11 United States preliminary to induction into the military

12 service, may have the registrant's his or her license

13 reinstated without paying any lapsed renewal fees, if within 2

14 years after honorable termination of such service, training,

15 or education, the registrant he or she furnishes to the

16 Department with satisfactory evidence to the effect that the

17 registrant he or she has been so engaged and that the

18 registrant's his or her service, training, or education has

19 been so terminated.

20  (C) Inactive licenses. Any licensee who notifies the

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

22 may elect to place the licensee's his or her license on an

23 inactive status and shall, subject to rules of the Department,

24 be excused from payment of renewal fees until the licensee he

25 or she notifies the Department in writing of his or her desire

26 to resume active status.
    HB5387 Enrolled  - 153 - LRB104 18003 AAS 31440 b

1   Any licensee requesting reinstatement from inactive status

2 shall be required to pay the current renewal fee, provide

3 proof of meeting the continuing education requirements for the

4 period of time the license is inactive not to exceed one

5 renewal period, and shall be required to reinstate the

6 licensee's his or her license as provided in subsection (B).

7   Any licensee whose license is in an inactive status shall

8 not practice in the State of Illinois.

9   (D) Disposition of monies collected. All monies collected

10 under this Act by the Department shall be deposited into in the

11 Illinois State Medical Disciplinary Fund in the State treasury

12 Treasury, and used only for the following purposes: (a) by the

13 Medical Board in the exercise of its powers and performance of

14 its duties, as such use is made by the Department with full

15 consideration of all recommendations of the Medical Board, (b)

16 for costs directly related to persons licensed under this Act,

17 and (c) for direct and allocable indirect costs related to the

18 public purposes of the Department.

19  Moneys in the Fund may be transferred to the Professions

20 Indirect Cost Fund as authorized under Section 2105-300 of the

21 Department of Professional Regulation Law of the Civil

22 Administrative Code of Illinois.

23  All earnings received from investment of monies in the

24 Illinois State Medical Disciplinary Fund shall be deposited

25 into in the Illinois State Medical Disciplinary Fund and shall

26 be used for the same purposes as fees deposited into in such
    HB5387 Enrolled   - 154 - LRB104 18003 AAS 31440 b

1 Fund.

2   (E) Fees. The following fees are nonrefundable.

3        (1) Applicants for any examination shall be required

4   to pay, either to the Department or to the designated

5   testing service, a fee covering the cost of determining

6   the applicant's eligibility and providing the examination.

7   Failure to appear for the examination on the scheduled

8   date, at the time and place specified, after the

9   applicant's application for examination has been received

10  and acknowledged by the Department or the designated

11  testing service, shall result in the forfeiture of the

12  examination fee.

13       (2) Before July 1, 2018, the fee for a license under

14  Section 9 of this Act is $700. Beginning on July 1, 2018,

15  the fee for a license under Section 9 of this Act is $500.

16       (3) Before July 1, 2018, the fee for a license under

17  Section 19 of this Act is $700. Beginning on July 1, 2018,

18  the fee for a license under Section 19 of this Act is $500.

19       (4) Before July 1, 2018, the fee for the renewal of a

20  license for a resident of Illinois shall be calculated at

21  the rate of $230 per year, and beginning on July 1, 2018

22  and until January 1, 2020, the fee for the renewal of a

23  license shall be $167, except for licensees who were

24  issued a license within 12 months of the expiration date

25  of the license, before July 1, 2018, the fee for the

26  renewal shall be $230, and beginning on July 1, 2018 and
    HB5387 Enrolled      - 155 - LRB104 18003 AAS 31440 b

1   until January 1, 2020 that fee will be $167. Before July 1,

2   2018, the fee for the renewal of a license for a

3   nonresident shall be calculated at the rate of $460 per

4   year, and beginning on July 1, 2018 and until January 1,

5   2020, the fee for the renewal of a license for a

6   nonresident shall be $250, except for licensees who were

7   issued a license within 12 months of the expiration date

8   of the license, before July 1, 2018, the fee for the

9   renewal shall be $460, and beginning on July 1, 2018 and

10  until January 1, 2020 that fee will be $250. Beginning on

11  January 1, 2020, the fee for renewal of a license for a

12  resident or nonresident is $181 per year.

13  (5) The fee for the reinstatement of a license other

14  than from inactive status, is $230. In addition, payment

15  of all lapsed renewal fees not to exceed $1,400 is

16  required.

17  (6) The fee for a 3-year temporary license under

18  Section 17 is $230.

19  (7) The fee for the issuance of a license with a change

20  of name or address other than during the renewal period is

21  $20. No fee is required for name and address changes on

22  Department records when no updated license is issued.

23  (8) The fee to be paid for a license record for any

24  purpose is $20.

25  (9) The fee to be paid to have the scoring of an

26  examination, administered by the Department, reviewed and
   HB5387 Enrolled   - 156 - LRB104 18003 AAS 31440 b

1  verified, is $20 plus any fees charged by the applicable

2  testing service.

3  (F) Any person who delivers a check or other payment to the

4 Department that is returned to the Department unpaid by the

5 financial institution upon which it is drawn shall pay to the

6 Department, in addition to the amount already owed to the

7 Department, a fine of $50. The fines imposed by this Section

8 are in addition to any other discipline provided under this

9 Act for unlicensed practice or practice on a nonrenewed

10 license. The Department shall notify the person that payment

11 of fees and fines shall be paid to the Department by certified

12 check or money order within 30 calendar days of the

13 notification. If, after the expiration of 30 days from the

14 date of the notification, the person has failed to submit the

15 necessary remittance, the Department shall automatically

16 terminate the license or permit or deny the application,

17 without hearing. If, after termination or denial, the person

18 seeks a license or permit, the person he or she shall apply to

19 the Department for reinstatement or issuance of the license or

20 permit and pay all fees and fines due to the Department. The

21 Department may establish a fee for the processing of an

22 application for reinstatement of a license or permit to pay

23 all expenses of processing this application. The Secretary may

24 waive the fines due under this Section in individual cases

25 where the Secretary finds that the fines would be unreasonable

26 or unnecessarily burdensome.
    HB5387 Enrolled    - 157 - LRB104 18003 AAS 31440 b

1 (Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20;
2 102-20, eff. 1-1-22.)

3   (225 ILCS 60/22)

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

5   Sec. 22. Disciplinary action.

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

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

8 other disciplinary or non-disciplinary action as the

9 Department may deem proper with regard to the license or

10 permit of any person issued under this Act, including imposing

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

12 following grounds:

13  (1) (Blank).

14  (2) (Blank).

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

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

17  including, but not limited to, convictions, preceding

18  sentences of supervision, conditional discharge, or first

19  offender probation, under the laws of any jurisdiction of

20  the United States of any crime that is a felony.

21  (4) Gross negligence in practice under this Act.

22  (5) Engaging in dishonorable, unethical, or

23  unprofessional conduct of a character likely to deceive,

24  defraud, or harm the public.

25  (6) Obtaining any fee by fraud, deceit, or
    HB5387 Enrolled        - 158 - LRB104 18003 AAS 31440 b

1   misrepresentation.

2   (7) Habitual or excessive use or abuse of drugs

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

4   any other substances which results in the inability to

5   practice with reasonable judgment, skill, or safety.

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

7   law, an assumed name.

8   (9) Fraud or misrepresentation in applying for, or

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

10  applying for renewal of a license under this Act.

11  (10) Making a false or misleading statement regarding

12  their skill or the efficacy or value of the medicine,

13  treatment, or remedy prescribed by them at their direction

14  in the treatment of any disease or other condition of the

15  body or mind.

16  (11) Allowing another person or organization to use

17  their license, procured under this Act, to practice.

18  (12) Adverse action taken by another state or

19  jurisdiction against a license or other authorization to

20  practice as a medical doctor, doctor of osteopathy, doctor

21  of osteopathic medicine, or doctor of chiropractic, a

22  certified copy of the record of the action taken by the

23  other state or jurisdiction being prima facie evidence

24  thereof. This includes any adverse action taken by a State

25  or federal agency that prohibits a medical doctor, doctor

26  of osteopathy, doctor of osteopathic medicine, or doctor
    HB5387 Enrolled  - 159 - LRB104 18003 AAS 31440 b

1   of chiropractic from providing services to the agency's

2   participants.

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

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

5   violation of the rules, or a final administrative action

6   of the Secretary, after consideration of the

7   recommendation of the Medical Board.

8   (14) Violation of the prohibition against fee

9   splitting in Section 22.2 of this Act.

10  (15) A finding by the Medical Board that the

11  registrant after having the registrant's his or her

12  license placed on probationary status or subjected to

13  conditions or restrictions violated the terms of the

14  probation or failed to comply with such terms or

15  conditions.

16  (16) Abandonment of a patient.

17  (17)             Prescribing,  selling,  administering,

18  distributing, giving, or self-administering any drug

19  classified as a controlled substance (designated product)

20  or narcotic for other than medically accepted therapeutic

21  purposes.

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

23  appliances, or goods provided for a patient in such manner

24  as to exploit the patient for financial gain of the

25  physician.

26  (19) Offering, undertaking, or agreeing to cure or
    HB5387 Enrolled  - 160 - LRB104 18003 AAS 31440 b

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

2   medicine, or the treating, operating, or prescribing for

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

4   the licensee refuses to divulge upon demand of the

5   Department.

6   (20) Immoral conduct in the commission of any act,

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

8   sexual misconduct or sexual harassment related to the

9   licensee's practice. For the purpose of this paragraph

10  (20), "sexual harassment" means unwelcome sexual advances,

11  requests for sexual favors, or other verbal, physical, or

12  nonverbal conduct of a sexual nature.

13  (21) Willfully making or filing false records or

14  reports in the person's his or her practice as a

15  physician, including, but not limited to, false records to

16  support claims against the medical assistance program of

17  the Department of Healthcare and Family Services (formerly

18  Department of Public Aid) under the Illinois Public Aid

19  Code.

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

21  impeding the filing or recording, or inducing another

22  person to omit to file or record, medical reports as

23  required by law, or willfully failing to report an

24  instance of suspected abuse or neglect as required by law.

25  (23) Being named as a perpetrator in an indicated

26  report by the Department of Children and Family Services
    HB5387 Enrolled       - 161 - LRB104 18003 AAS 31440 b

1   under the Abused and Neglected Child Reporting Act, and

2   upon proof by clear and convincing evidence that the

3   licensee has caused a child to be an abused child or

4   neglected child as defined in the Abused and Neglected

5   Child Reporting Act.

6   (24) Solicitation of professional patronage by any

7   corporation, agents, or persons, or profiting from those

8   representing themselves to be agents of the licensee.

9   (25) Gross, and willful, and continued overcharging

10  for professional services, including filing false

11  statements for collection of fees for which services are

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

13  false statements for collection of monies for services not

14  rendered from the medical assistance program of the

15  Department of Healthcare and Family Services (formerly

16  Department of Public Aid) under the Illinois Public Aid

17  Code.

18  (26) A pattern of practice or other behavior which

19  demonstrates incapacity or incompetence to practice under

20  this Act.

21  (27) Mental illness or disability which results in the

22  inability to practice under this Act with reasonable

23  judgment, skill, or safety.

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

25  deterioration through the aging process, or loss of motor

26  skill which results in a physician's inability to practice
    HB5387 Enrolled   - 162 - LRB104 18003 AAS 31440 b

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

2   (29) Cheating on or attempting to subvert the

3   licensing examinations administered under this Act.

4   (30) Willfully or negligently violating the

5   confidentiality between physician and patient except as

6   required by law.

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

8   statement in any document connected with practice under

9   this Act.

10  (32) Aiding and abetting an individual not licensed

11  under this Act in the practice of a profession licensed

12  under this Act.

13  (33) Violating State or federal laws or regulations

14  relating to controlled substances, legend drugs, or

15  ephedra as defined in the Ephedra Prohibition Act.

16  (34) Failure to report to the Department any adverse

17  final action taken against them by another licensing

18  jurisdiction (any other state or any territory of the

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

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

21  professional society or association related to practice

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

23  enforcement agency, or by any court for acts or conduct

24  similar to acts or conduct which would constitute grounds

25  for action as defined in this Section.

26  (35) Failure to report to the Department surrender of
    HB5387 Enrolled   - 163 - LRB104 18003 AAS 31440 b

1   a license or authorization to practice as a medical

2   doctor, a doctor of osteopathy, a doctor of osteopathic

3   medicine, or doctor of chiropractic in another state or

4   jurisdiction, or surrender of membership on any medical

5   staff or in any medical or professional association or

6   society, while under disciplinary investigation by any of

7   those authorities or bodies, for acts or conduct similar

8   to acts or conduct which would constitute grounds for

9   action as defined in this Section.

10  (36) Failure to report to the Department any adverse

11  judgment, settlement, or award arising from a liability

12  claim related to acts or conduct similar to acts or

13  conduct which would constitute grounds for action as

14  defined in this Section.

15  (37) Failure to provide copies of medical records as

16  required by law.

17  (38) Failure to furnish the Department, or its

18  investigators or representatives, relevant information,

19  legally requested by the Department after consultation

20  with the Chief Medical Coordinator or the Deputy Medical

21  Coordinator.

22  (39) Violating the Health Care Worker Self-Referral

23  Act.

24  (40) (Blank).

25  (41) Failure to establish and maintain records of

26  patient care and treatment as required by this law.
    HB5387 Enrolled        - 164 - LRB104 18003 AAS 31440 b

1   (42) Entering into an excessive number of written

2   collaborative agreements with licensed advanced practice

3   registered nurses resulting in an inability to adequately

4   collaborate.

5   (43) Repeated failure to adequately collaborate with a

6   licensed advanced practice registered nurse.

7   (44) Violating the Compassionate Use of Medical

8   Cannabis Program Act.

9   (45) Entering into an excessive number of written

10  collaborative agreements with licensed prescribing

11  psychologists resulting in an inability to adequately

12  collaborate.

13  (46) Repeated failure to adequately collaborate with a

14  licensed prescribing psychologist.

15  (47) Willfully failing to report an instance of

16  suspected abuse, neglect, financial exploitation, or

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

18  required by the Adult Protective Services Act.

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

20  the Department on Aging under the Adult Protective

21  Services Act, and upon proof by clear and convincing

22  evidence that the licensee abused, neglected, or

23  financially exploited an eligible adult as defined in the

24  Adult Protective Services Act.

25  (49) Entering into an excessive number of written

26  collaborative agreements with licensed physician
   HB5387 Enrolled       - 165 - LRB104 18003 AAS 31440 b

1  assistants resulting in an inability to adequately

2  collaborate.

3  (50) Repeated failure to adequately collaborate with a

4  physician assistant.

5  All proceedings to take disciplinary action as the

6 Department may deem proper, with regard to a license, must be

7 commenced within 5 years after the date of the Department's

8 receipt of a complaint alleging the commission of or notice of

9 a conviction order for any of the violations described herein.

10 Ground number (26) is exempt from this 5-year limitation. No

11 action shall be commenced more than 10 years after the date of

12 the incident or act alleged to have violated this Section.

13 Ground numbers (8), (9), (26), and (29) are exempt from this

14 10-year limitation. Except for actions involving the ground

15 numbered (26), all proceedings to suspend, revoke, place on

16 probationary status, or take any other disciplinary action as

17 the Department may deem proper, with regard to a license on any

18 of the foregoing grounds, must be commenced within 5 years

19 next after receipt by the Department of a complaint alleging

20 the commission of or notice of the conviction order for any of

21 the acts described herein. Except for the grounds numbered

22 (8), (9), (26), and (29), no action shall be commenced more

23 than 10 years after the date of the incident or act alleged to

24 have violated this Section. For actions involving the ground

25 numbered (26), a pattern of practice or other behavior

26 includes all incidents alleged to be part of the pattern of
    HB5387 Enrolled  - 166 - LRB104 18003 AAS 31440 b

1 practice or other behavior that occurred, or a report pursuant

2 to Section 23 of this Act received, within the 10-year period

3 preceding the filing of the complaint. In the event of the

4 settlement of any claim or cause of action in favor of the

5 claimant or the reduction to final judgment of any civil

6 action in favor of the plaintiff, such claim, cause of action,

7 or civil action being grounded on the allegation that a person

8 licensed under this Act was negligent in providing care, the

9 Department shall be exempt from the 10-year limitation and

10 shall have 5 years from receipt of the report have an

11 additional period of 2 years from the date of notification to

12 the Department under Section 23 of this Act of such settlement

13 or final judgment in which to investigate and commence formal

14 disciplinary proceedings under Section 36 of this Act, except

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

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

17 included within any period of time limiting the commencement

18 of disciplinary action by the Department.

19  The entry of an order or judgment by any circuit court

20 establishing that any person holding a license under this Act

21 is a person in need of mental treatment operates as a

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

23 practice only upon the entry of a Departmental order based

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

25 determined to be recovered from mental illness by the court

26 and upon the Medical Board's recommendation that the person be
    HB5387 Enrolled  - 167 - LRB104 18003 AAS 31440 b

1 permitted to resume his or her practice.

2   The Department may refuse to issue or take disciplinary

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

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

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

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

7 Illinois Department of Revenue, until such time as the

8 requirements of any such tax Act are satisfied as determined

9 by the Illinois Department of Revenue.

10  The Department, upon the recommendation of the Medical

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

12 in determining:

13  (a) when a person will be deemed sufficiently

14  rehabilitated to warrant the public trust;

15  (b) what constitutes dishonorable, unethical, or

16  unprofessional conduct of a character likely to deceive,

17  defraud, or harm the public;

18  (c) what constitutes immoral conduct in the commission

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

20  an act of sexual misconduct related to the licensee's

21  practice; and

22  (d) what constitutes gross negligence in the practice

23  of medicine.

24  However, no such rule shall be admissible into evidence in

25 any civil action except for review of a licensing or other

26 disciplinary action under this Act.
   HB5387 Enrolled  - 168 - LRB104 18003 AAS 31440 b

1  In enforcing this Section, the Medical Board, upon a

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

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

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

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

6 mental or physical examination and evaluation, or both, which

7 may include a substance abuse or sexual offender evaluation,

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

9 Department. The Medical Board shall specifically designate the

10 examining physician licensed to practice medicine in all of

11 its branches or, if applicable, the multidisciplinary team

12 involved in providing the mental or physical examination and

13 evaluation, or both. The multidisciplinary team shall be led

14 by a physician licensed to practice medicine in all of its

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

16 physicians licensed to practice medicine in all of its

17 branches, licensed chiropractic physicians, licensed clinical

18 psychologists, licensed clinical social workers, licensed

19 clinical professional counselors, and other professional and

20 administrative staff. Any examining physician or member of the

21 multidisciplinary team may require any person ordered to

22 submit to an examination and evaluation pursuant to this

23 Section to submit to any additional supplemental testing

24 deemed necessary to complete any examination or evaluation

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

26 urinalysis, psychological testing, or neuropsychological
HB5387 Enrolled  - 169 - LRB104 18003 AAS 31440 b

 1 testing. The Medical Board or the Department may order the
 2 examining physician or any member of the multidisciplinary
 3 team to provide to the Department or the Medical Board any and
 4 all records, including business records, that relate to the
 5 examination and evaluation, including any supplemental testing
 6 performed. The Medical Board or the Department may order the
 7 examining physician or any member of the multidisciplinary
 8 team to present testimony concerning this examination and
 9 evaluation of the licensee, permit holder, or applicant,
10 including testimony concerning any supplemental testing or
11 documents relating to the examination and evaluation. No
12 information, report, record, or other documents in any way
13 related to the examination and evaluation shall be excluded by
14 reason of any common law or statutory privilege relating to
15 communication between the licensee, permit holder, or
16 applicant and the examining physician or any member of the
17 multidisciplinary team. No authorization is necessary from the
18 licensee, permit holder, or applicant ordered to undergo an
19 evaluation and examination for the examining physician or any
20 member of the multidisciplinary team to provide information,
21 reports, records, or other documents or to provide any
22 testimony regarding the examination and evaluation. The
23 individual to be examined may have, at the individual's his or
24 her own expense, another physician of the individual's his or
25 her choice present during all aspects of the examination.
26 Failure of any individual to submit to mental or physical
HB5387 Enrolled  - 170 - LRB104 18003 AAS 31440 b

 1 examination and evaluation, or both, when directed, shall
 2 result in an automatic suspension, without hearing, until such
 3 time as the individual submits to the examination. If the
 4 Medical Board finds a physician unable to practice following
 5 an examination and evaluation because of the reasons set forth
 6 in this Section, the Medical Board shall require such
 7 physician to submit to care, counseling, or treatment by
 8 physicians, or other health care professionals, approved or
 9 designated by the Medical Board, as a condition for issued,
10 continued, reinstated, or renewed licensure to practice. Any
11 physician, whose license was granted pursuant to Section 9,
12 17, or 19 of this Act, or, continued, reinstated, renewed,
13 disciplined, or supervised, subject to such terms, conditions,
14 or restrictions who shall fail 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 Medical Coordinator or Deputy Medical Coordinators, shall be
18 referred to the Secretary for a determination as to whether
19 the licensee shall have the licensee's his or her license
20 suspended immediately, pending a hearing by the Medical Board.
21 In instances in which the Secretary immediately suspends a
22 license under this Section, a hearing upon such person's
23 license must be convened by the Medical Board within 15 days
24 after such suspension and completed without appreciable delay.
25 The Medical Board shall have the authority to review the
26 subject physician's record of treatment and counseling
    HB5387 Enrolled  - 171 - LRB104 18003 AAS 31440 b

1 regarding the impairment, to the extent permitted by

2 applicable federal statutes and regulations safeguarding the

3 confidentiality of medical records.

4   An individual licensed under this Act, affected under this

5 Section, shall be afforded an opportunity to demonstrate to

6 the Medical Board that the individual he or she can resume

7 practice in compliance with acceptable and prevailing

8 standards under the provisions of the individual's his or her

9 license.

10  The Medical Board, in determining mental capacity of an

11 individual licensed under this Act, shall consider the latest

12 recommendations of the Federation of State Medical Boards.

13  The Department may promulgate rules for the imposition of

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

15 violation of this Act. Fines may be imposed in conjunction

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

17 exclusive disposition of any disciplinary action arising out

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

19 collected from such fines shall be deposited into in the

20 Illinois State Medical Disciplinary Fund.

21  All fines imposed under this Section shall be paid within

22 60 days after the effective date of the order imposing the fine

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

24 the fine.

25  (B) The Department shall revoke the license or permit

26 issued under this Act to practice medicine of a chiropractic
    HB5387 Enrolled      - 172 - LRB104 18003 AAS 31440 b

1 physician who has been convicted a second time of committing

2 any felony under the Illinois Controlled Substances Act or the

3 Methamphetamine Control and Community Protection Act, or who

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

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

6 person whose license or permit is revoked under this

7 subsection (B) shall be prohibited from practicing medicine or

8 treating human ailments without the use of drugs and without

9 operative surgery.

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

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

12 other disciplinary or non-disciplinary action against a

13 person's authorization to practice under this Act:

14  (1) based solely upon the recommendation of the person

15  to an eligible patient regarding, or prescription for, or

16  treatment with, an investigational drug, biological

17  product, or device;

18  (2) for experimental treatment for Lyme disease or

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

20  the prescription of or treatment with long-term

21  antibiotics;

22  (3) based solely upon the person providing,

23  authorizing, recommending, aiding, assisting, referring

24  for, or otherwise participating in any health care

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

26  laws of this State, regardless of whether the patient was
    HB5387 Enrolled    - 173 - LRB104 18003 AAS 31440 b

1   a resident of this State or another state; or

2   (4) based upon the person's license, registration, or

3   permit being revoked or suspended, or the person being

4   otherwise disciplined, by any other state if that

5   revocation, suspension, or other form of discipline was

6   based solely on the person violating another state's laws

7   prohibiting the provision of, authorization of,

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

9   or participation in any health care service if that health

10  care service as provided would not have been unlawful

11  under the laws of this State and is consistent with the

12  applicable standard of conduct for the person practicing

13  in Illinois under this Act.

14  (D) (Blank).

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

16 trigger reporting requirements under Section 23, constitute

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

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

19 Right to Know Act.

20  (F) An applicant seeking licensure, certification, or

21 authorization pursuant to this Act and 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
    HB5387 Enrolled     - 174 - LRB104 18003 AAS 31440 b

1 authorization, unless the Department determines that the

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 the

5 applicant and making a determination regarding the licensure,

6 certification, or authorization to practice a profession under

7 this Act.

8   (G) The Department may adopt rules to implement,

9 administer, and enforce this Section Public Act 102-1117.

10 (Source: P.A. 103-442, eff. 1-1-24; 104-417, eff. 8-15-25;

11 104-432, eff. 1-1-26; revised 9-15-25.)

12  (225 ILCS 60/22.2)

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

14  Sec. 22.2. Prohibition against fee splitting.

15  (a) A licensee under this Act may not directly or

16 indirectly divide, share or split any professional fee or

17 other form of compensation for professional services with

18 anyone in exchange for a referral or otherwise, other than as

19 provided in this Section 22.2.

20  (b) Nothing contained in this Section abrogates the right

21 of 2 or more licensed health care workers as defined in the

22 Health Care Worker Self-referral Act to each receive adequate

23 compensation for concurrently rendering services to a patient

24 and to divide the fee for such service, provided that the

25 patient has full knowledge of the division and the division is
    HB5387 Enrolled  - 175 - LRB104 18003 AAS 31440 b

1 made in proportion to the actual services personally performed

2 and responsibility assumed by each licensee consistent with

3 the licensee's his or her license, except as prohibited by

4 law.

5   (c) Nothing contained in this Section prohibits a licensee

6 under this Act from practicing medicine through or within any

7 form of legal entity authorized to conduct business in this

8 State or from pooling, sharing, dividing, or apportioning the

9 professional fees and other revenues in accordance with the

10 agreements and policies of the entity provided:

11      (1) each owner of the entity is licensed under this

12  Act;

13      (2) the entity is organized under the Medical

14  Corporation Act, the Professional Services Corporation

15  Act, the Professional Association Act, or the Professional

16  Limited Liability Company Act;

17      (3) the entity is allowed by Illinois law to provide

18  physician services or employ physicians such as a licensed

19  hospital or hospital affiliate or licensed ambulatory

20  surgical treatment center owned in full or in part by

21  Illinois-licensed physicians;

22      (4) the entity is a combination or joint venture of

23  the entities authorized under this subsection (c); or

24      (5) the entity is an Illinois not-for-profit not for

25  profit corporation that is recognized as exempt from the

26  payment of federal income taxes as an organization
    HB5387 Enrolled     - 176 - LRB104 18003 AAS 31440 b

1   described in Section 501(c)(3) of the Internal Revenue

2   Code and all of its members are full-time faculty members

3   of a medical school that offers an a M.D. degree program

4   that is accredited by the Liaison Committee on Medical

5   Education and a program of graduate medical education that

6   is accredited by the Accreditation Council for Graduate

7   Medical Education.

8   (d) Nothing contained in this Section prohibits a licensee

9 under this Act from paying a fair market value fee to any

10 person or entity whose purpose is to perform billing,

11 administrative preparation, or collection services based upon

12 a percentage of professional service fees billed or collected,

13 a flat fee, or any other arrangement that directly or

14 indirectly divides professional fees, for the administrative

15 preparation of the licensee's claims or the collection of the

16 licensee's charges for professional services, provided that:

17  (i) the licensee or the licensee's practice under

18  subsection (c) of this Section at all times controls the

19  amount of fees charged and collected; and

20  (ii) all charges collected are paid directly to the

21  licensee or the licensee's practice or are deposited

22  directly into an account in the name of and under the sole

23  control of the licensee or the licensee's practice or

24  deposited into a "Trust Account" by a licensed collection

25  agency in accordance with the requirements of Section 8(c)

26  of the Illinois Collection Agency Act.
    HB5387 Enrolled  - 177 - LRB104 18003 AAS 31440 b

1   (e) Nothing contained in this Section prohibits the

2 granting of a security interest in the accounts receivable or

3 fees of a licensee under this Act or the licensee's practice

4 for bona fide advances made to the licensee or licensee's

5 practice provided the licensee retains control and

6 responsibility for the collection of the accounts receivable

7 and fees.

8   (f) Excluding payments that may be made to the owners of or

9 licensees in the licensee's practice under subsection (c), a

10 licensee under this Act may not divide, share or split a

11 professional service fee with, or otherwise directly or

12 indirectly pay a percentage of the licensee's professional

13 service fees, revenues or profits to anyone for: (i) the

14 marketing or management of the licensee's practice, (ii)

15 including the licensee or the licensee's practice on any

16 preferred provider list, (iii) allowing the licensee to

17 participate in any network of health care providers, (iv)

18 negotiating fees, charges or terms of service or payment on

19 behalf of the licensee, or (v) including the licensee in a

20 program whereby patients or beneficiaries are provided an

21 incentive to use the services of the licensee.

22  (g) A violation of any of the provisions of this Section

23 constitutes an unlawful practice under the Consumer Fraud and

24 Deceptive Business Practices Act. All remedies, penalties, and

25 authority granted to the Attorney General by the Consumer

26 Fraud and Deceptive Business Practices Act shall be available
    HB5387 Enrolled  - 178 - LRB104 18003 AAS 31440 b

1 to him or her for the enforcement of this Section. This
2 subsection does not apply to hospitals and hospital affiliates
3 licensed in Illinois.
4 (Source: P.A. 100-1058, eff. 1-1-19.)

5   (225 ILCS 60/23) (from Ch. 111, par. 4400-23)

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

7   Sec. 23. Reports relating to professional conduct and

8 capacity.

9   (A) Entities required to report.

10  (1) Health care institutions. The chief administrator

11  or executive officer of any health care institution

12  licensed by the Illinois Department of Public Health shall

13  report to the Medical Board when any person's clinical

14  privileges are terminated or are restricted based on a

15  final determination made in accordance with that

16  institution's by-laws or rules and regulations that a

17  person has either committed an act or acts which may

18  directly threaten patient care or that a person may have a

19  mental or physical disability that may endanger patients

20  under that person's care. Such officer also shall report

21  if a person accepts voluntary termination or restriction

22  of clinical privileges in lieu of formal action based upon

23  conduct related directly to patient care or in lieu of

24  formal action seeking to determine whether a person may

25  have a mental or physical disability that may endanger
    HB5387 Enrolled  - 179 - LRB104 18003 AAS 31440 b

1   patients under that person's care. The Medical Board

2   shall, by rule, provide for the reporting to it by health

3   care institutions of all instances in which a person,

4   licensed under this Act, who is impaired by reason of age,

5   drug or alcohol abuse, or physical or mental impairment,

6   is under supervision and, where appropriate, is in a

7   program of rehabilitation. Such reports shall be strictly

8   confidential and may be reviewed and considered only by

9   the members of the Medical Board, or by authorized staff

10  as provided by rules of the Medical Board. Provisions

11  shall be made for the periodic report of the status of any

12  such person not less than twice annually in order that the

13  Medical Board shall have current information upon which to

14  determine the status of any such person. Such initial and

15  periodic reports of impaired physicians shall not be

16  considered records within the meaning of the State Records

17  Act and shall be disposed of, following a determination by

18  the Medical Board that such reports are no longer

19  required, in a manner and at such time as the Medical Board

20  shall determine by rule. The filing of such reports shall

21  be construed as the filing of a report for purposes of

22  subsection (C) of this Section. Such health care

23  institution shall not take any adverse action, including,

24  but not limited to, restricting or terminating any

25  person's clinical privileges, as a result of an adverse

26  action against a person's license, registration, permit,
    HB5387 Enrolled  - 180 - LRB104 18003 AAS 31440 b

1   or clinical privileges or other disciplinary action by

2   another state or health care institution that resulted

3   from the person's provision of, authorization of,

4   recommendation of, aiding or assistance with, referral

5   for, or participation in any health care service if the

6   adverse action was based solely on a violation of the

7   other state's law prohibiting the provision of such health

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

9   the state if that health care service would not have been

10  unlawful under the laws of this State and is consistent

11  with the applicable standard of conduct for a person

12  practicing in Illinois under this Act.

13  (1.5) Clinical training programs. The program director

14  of any post-graduate clinical training program shall

15  report to the Medical Board if a person engaged in a

16  post-graduate clinical training program at the

17  institution, including, but not limited to, a residency or

18  fellowship, separates from the program for any reason

19  prior to its conclusion. The program director shall

20  provide all documentation relating to the separation if,

21  after review of the report, the Medical Board determines

22  that a review of those documents is necessary to determine

23  whether a violation of this Act occurred.

24  (2) Professional associations. The President or chief

25  executive officer of any association or society, of

26  persons licensed under this Act, operating within this
    HB5387 Enrolled      - 181 - LRB104 18003 AAS 31440 b

1   State shall report to the Medical Board when the

2   association or society renders a final determination that

3   a person has committed unprofessional conduct related

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

5   or physical disability that may endanger patients under

6   that person's care.

7   (3) Professional liability insurers. Every insurance

8   company which offers policies of professional liability

9   insurance to persons licensed under this Act, or any other

10  entity which seeks to indemnify the professional liability

11  of a person licensed under this Act, shall report to the

12  Medical Board the settlement of any claim or cause of

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

14  which alleged negligence in the furnishing of medical care

15  by such licensed person when such settlement or final

16  judgment is in favor of the plaintiff. Such insurance

17  company shall not take any adverse action, including, but

18  not limited to, denial or revocation of coverage, or rate

19  increases, against a person authorized to practice under

20  this Act with respect to coverage for services provided in

21  the State if based solely on the person providing,

22  authorizing, recommending, aiding, assisting, referring

23  for, or otherwise participating in health care services in

24  this State in violation of another state's law, or a

25  revocation or other adverse action against the person's

26  license, registration, or permit in another state for
    HB5387 Enrolled  - 182 - LRB104 18003 AAS 31440 b

1   violation of such law if that health care service as

2   provided would have been lawful and consistent with the

3   applicable standard of conduct for a person practicing in

4   Illinois under this Act. Notwithstanding this provision,

5   it is against public policy to require coverage for an

6   illegal action.

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

8   county shall report to the Medical Board, within 5 days,

9   any instances in which a person licensed under this Act is

10  convicted of any felony or Class A misdemeanor.

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

12  departments, or other instrumentalities of the government

13  of the State of Illinois shall report to the Medical Board

14  any instance arising in connection with the operations of

15  such agency, including the administration of any law by

16  such agency, in which a person licensed under this Act has

17  either committed an act or acts which may be a violation of

18  this Act or which may constitute unprofessional conduct

19  related directly to patient care or which indicates that a

20  person licensed under this Act may have a mental or

21  physical disability that may endanger patients under that

22  person's care.

23  (B) Mandatory reporting. All reports required by items

24 (34), (35), and (36) of subsection (A) of Section 22 and by

25 this Section 23 shall be submitted to the Medical Board in a

26 timely fashion. Unless otherwise provided in this Section, the
    HB5387 Enrolled  - 183 - LRB104 18003 AAS 31440 b

1 reports shall be filed in writing within 60 days after a

2 determination that a report is required under this Act. All

3 reports shall contain the following information:

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

5   person making the report.

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

7   person who is the subject of the report.

8   (3) The name and date of birth of any patient or

9   patients whose treatment is a subject of the report, if

10  available, or other means of identification if such

11  information is not available, identification of the

12  hospital or other health care facility where the care at

13  issue in the report was rendered, provided, however, no

14  medical records may be revealed.

15  (4) A brief description of the facts which gave rise

16  to the issuance of the report, including the dates of any

17  occurrences deemed to necessitate the filing of the

18  report.

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

20  court in which the action is filed, along with the docket

21  number and date of filing of the action.

22  (6) Any further pertinent information which the

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

24  report.

25  The Medical Board or Department may also exercise the

26 power under Section 38 of this Act to subpoena copies of
    HB5387 Enrolled  - 184 - LRB104 18003 AAS 31440 b

1 hospital or medical records in mandatory report cases alleging

2 death or permanent bodily injury. Appropriate rules shall be

3 adopted by the Department with the approval of the Medical

4 Board.

5   When the Department has received written reports

6 concerning incidents required to be reported in items (34),

7 (35), and (36) of subsection (A) of Section 22, the licensee's

8 failure to report the incident to the Department under those

9 items shall not be the sole grounds for disciplinary action.

10  Nothing contained in this Section shall act to, in any

11 way, waive or modify the confidentiality of medical reports

12 and committee reports to the extent provided by law. Any

13 information reported or disclosed shall be kept for the

14 confidential use of the Medical Board, the Medical

15 Coordinators, the Medical Board's attorneys, the medical

16 investigative staff, and authorized clerical staff, as

17 provided in this Act, and shall be afforded the same status as

18 is provided information concerning medical studies in Part 21

19 of Article VIII of the Code of Civil Procedure, except that the

20 Department may disclose information and documents to a

21 federal, State, or local law enforcement agency pursuant to a

22 subpoena in an ongoing criminal investigation or to a health

23 care licensing body or medical licensing authority of this

24 State or another state or jurisdiction pursuant to an official

25 request made by that licensing body or medical licensing

26 authority. Furthermore, information and documents disclosed to
    HB5387 Enrolled  - 185 - LRB104 18003 AAS 31440 b

1 a federal, State, or local law enforcement agency may be used

2 by that agency only for the investigation and prosecution of a

3 criminal offense, or, in the case of disclosure to a health

4 care licensing body or medical licensing authority, only for

5 investigations and disciplinary action proceedings with regard

6 to a license. Information and documents disclosed to the

7 Department of Public Health may be used by that Department

8 only for investigation and disciplinary action regarding the

9 license of a health care institution licensed by the

10 Department of Public Health.

11  (C) Immunity from prosecution. Any individual or

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

13 and wanton manner, in complying with this Act by providing any

14 report or other information to the Medical Board or a peer

15 review committee, or assisting in the investigation or

16 preparation of such information, or by voluntarily reporting

17 to the Medical Board or a peer review committee information

18 regarding alleged errors or negligence by a person licensed

19 under this Act, or by participating in proceedings of the

20 Medical Board or a peer review committee, or by serving as a

21 member of the Medical Board or a peer review committee, shall

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

23 prosecution or civil damages.

24  (D) Indemnification. Members of the Medical Board, the

25 Medical Coordinators, the Medical Board's attorneys, the

26 medical investigative staff, physicians retained under
    HB5387 Enrolled  - 186 - LRB104 18003 AAS 31440 b

1 contract to assist and advise the medical coordinators in the

2 investigation, and authorized clerical staff shall be

3 indemnified by the State for any actions occurring within the

4 scope of services on the Medical Board, done in good faith and

5 not willful wilful and wanton in nature. The Attorney General

6 shall defend all such actions unless the Attorney General he

7 or she determines either that there would be a conflict of

8 interest in such representation or that the actions complained

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

10  Should the Attorney General decline representation, the

11 member shall have the right to employ counsel of the member's

12 his or her choice, whose fees shall be provided by the State,

13 after approval by the Attorney General, unless there is a

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

15 good faith or were willful wilful and wanton.

16  The member must notify the Attorney General within 7 days

17 of receipt of notice of the initiation of any action involving

18 services of the Medical Board. Failure to so notify the

19 Attorney General shall constitute an absolute waiver of the

20 right to a defense and indemnification.

21  The Attorney General shall determine within 7 days after

22 receiving such notice, whether the Attorney General he or she

23 will undertake to represent the member.

24  (E) Deliberations of Medical Board. Upon the receipt of

25 any report called for by this Act, other than those reports of

26 impaired persons licensed under this Act required pursuant to
    HB5387 Enrolled  - 187 - LRB104 18003 AAS 31440 b

1 the rules of the Medical Board, the Medical Board shall notify

2 in writing, by mail or email, the person who is the subject of

3 the report. Such notification shall be made within 30 days of

4 receipt by the Medical Board of the report.

5   The notification shall include a written notice setting

6 forth the person's right to examine the report. Included in

7 such notification shall be the address at which the file is

8 maintained, the name of the custodian of the reports, and the

9 telephone number at which the custodian may be reached. The

10 person who is the subject of the report shall submit a written

11 statement responding, clarifying, adding to, or proposing the

12 amending of the report previously filed. The person who is the

13 subject of the report shall also submit with the written

14 statement any medical records related to the report. The

15 statement and accompanying medical records shall become a

16 permanent part of the file and must be received by the Medical

17 Board no more than 30 days after the date on which the person

18 was notified by the Medical Board of the existence of the

19 original report.

20  The Medical Board shall review all reports received by it,

21 together with any supporting information and responding

22 statements submitted by persons who are the subject of

23 reports. The review by the Medical Board shall be in a timely

24 manner but in no event, shall the Medical Board's initial

25 review of the material contained in each disciplinary file be

26 less than 61 days nor more than 180 days after the receipt of
    HB5387 Enrolled  - 188 - LRB104 18003 AAS 31440 b

1 the initial report by the Medical Board.

2   When the Medical Board makes its initial review of the

3 materials contained within its disciplinary files, the Medical

4 Board shall, in writing, make a determination as to whether

5 there are sufficient facts to warrant further investigation or

6 action. Failure to make such determination within the time

7 provided shall be deemed to be a determination that there are

8 not sufficient facts to warrant further investigation or

9 action.

10  Should the Medical Board find that there are not

11 sufficient facts to warrant further investigation or action,

12 the report shall be accepted for filing and the matter shall be

13 deemed closed and so reported to the Secretary. The Secretary

14 shall then have 30 days to accept the Medical Board's decision

15 or request further investigation. The Secretary shall inform

16 the Medical Board of the decision to request further

17 investigation, including the specific reasons for the

18 decision. The individual or entity filing the original report

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

20 complaint shall be notified in writing by the Secretary of any

21 final action on their report or complaint. The Department

22 shall disclose to the individual or entity who filed the

23 original report or complaint, on request, the status of the

24 Medical Board's review of a specific report or complaint. Such

25 request may be made at any time, including prior to the Medical

26 Board's determination as to whether there are sufficient facts
    HB5387 Enrolled          - 189 - LRB104 18003 AAS 31440 b

1 to warrant further investigation or action.

2   (F) Summary reports. The Medical Board shall prepare, on a

3 timely basis, but in no event less than once every other month,

4 a summary report of final disciplinary actions taken upon

5 disciplinary files maintained by the Medical Board. The

6 summary reports shall be made available to the public upon

7 request and payment of the fees set by the Department. This

8 publication may be made available to the public on the

9 Department's website. Information or documentation relating to

10 any disciplinary file that is closed without disciplinary

11 action taken shall not be disclosed and shall be afforded the

12 same status as is provided by Part 21 of Article VIII of the

13 Code of Civil Procedure.

14  (G) Any violation of this Section shall be a Class A

15 misdemeanor.

16  (H) If any such person violates the provisions of this

17 Section an action may be brought in the name of the People of

18 the State of Illinois, through the Attorney General of the

19 State of Illinois, for an order enjoining such violation or

20 for an order enforcing compliance with this Section. Upon

21 filing of a verified petition in such court, the court may

22 issue a temporary restraining order without notice or bond and

23 may preliminarily or permanently enjoin such violation, and if

24 it is established that such person has violated or is

25 violating the injunction, the court may punish the offender

26 for contempt of court. Proceedings under this paragraph shall
    HB5387 Enrolled        - 190 - LRB104 18003 AAS 31440 b

1 be in addition to, and not in lieu of, all other remedies and

2 penalties provided for by this Section.

3   (I) The Department may adopt rules to implement,

4 administer, and enforce this Section.

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

6   (225 ILCS 60/26) (from Ch. 111, par. 4400-26)

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

8   Sec. 26. Advertising.

9   (1) Any person licensed under this Act may advertise the

10 availability of professional services in the public media or

11 on the premises where such professional services are rendered.

12 Such advertising shall be limited to the following

13 information:

14  (a) Publication of the person's name, title, office

15  hours, address and telephone number;

16  (b) Information pertaining to the person's areas of

17  specialization, including appropriate board certification

18  or limitation of professional practice;

19  (c) Information on usual and customary fees for

20  routine professional services offered, which information

21  shall include, notification that fees may be adjusted due

22  to complications or unforeseen circumstances;

23  (d) Announcement of the opening of, change of, absence

24  from, or return to business;

25  (e) Announcement of additions to or deletions from
    HB5387 Enrolled  - 191 - LRB104 18003 AAS 31440 b

1   professional licensed staff;

2   (f) The issuance of business or appointment cards.

3   (2) It is unlawful for any person licensed under this Act

4 to use claims of superior quality of care to entice the public.

5 It shall be unlawful to advertise fee comparisons of available

6 services with those of other persons licensed under this Act.

7   (3) This Act does not authorize the advertising of

8 professional services which the offeror of such services is

9 not licensed to render. Nor shall the advertiser use

10 statements which contain false, fraudulent, deceptive or

11 misleading material or guarantees of success, statements which

12 play upon the vanity or fears of the public, or statements

13 which promote or produce unfair competition.

14  (4) A licensee shall include in every advertisement for

15 services regulated under this Act the licensee's his or her

16 title as it appears on the license or the initials authorized

17 under this Act.

18 (Source: P.A. 97-622, eff. 11-23-11.)

19  (225 ILCS 60/36) (from Ch. 111, par. 4400-36)

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

21  Sec. 36. Investigation; notice.

22  (a) Upon the motion of either the Department or the

23 Medical Board or upon the verified complaint in writing of any

24 person setting forth facts which, if proven, would constitute

25 grounds for suspension or revocation under Section 22 of this
   HB5387 Enrolled  - 192 - LRB104 18003 AAS 31440 b

1 Act, the Department shall investigate the actions of any

2 person, so accused, who holds or represents that the person he

3 or she holds a license. Such person is hereinafter called the

4 accused.

5  (b) The Department shall, before suspending, revoking,

6 placing on probationary status, or taking any other

7 disciplinary action as the Department may deem proper with

8 regard to any license at least 30 days prior to the date set

9 for the hearing, notify the accused in writing of any charges

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

11 the Medical Board, direct the accused him or her to file the

12 accused's his or her written answer thereto to the Medical

13 Board under oath within 20 days after the service on the

14 accused him or her of such notice and inform the accused him or

15 her that if the accused he or she fails to file such answer

16 default will be taken against the accused him or her and the

17 accused's his or her license may be suspended, revoked, placed

18 on probationary status, or have other disciplinary action,

19 including limiting the scope, nature or extent of the

20 accused's his or her practice, as the Department may deem

21 proper taken with regard thereto. The Department shall, at

22 least 14 days prior to the date set for the hearing, notify in

23 writing any person who filed a complaint against the accused

24 of the time and place for the hearing of the charges against

25 the accused before the Medical Board and inform such person

26 whether the accused he or she may provide testimony at the
   HB5387 Enrolled  - 193 - LRB104 18003 AAS 31440 b

1 hearing.

2  (c) (Blank).

3  (d) Such written notice and any notice in such proceedings

4 thereafter may be served by personal delivery, email to the

5 respondent's email address of record, or mail to the

6 respondent's address of record.

7  (e) All information gathered by the Department during its

8 investigation including information subpoenaed under Section

9 23 or 38 of this Act and the investigative file shall be kept

10 for the confidential use of the Secretary, the Medical Board,

11 the Medical Coordinators, persons employed by contract to

12 advise the Medical Coordinator or the Department, the Medical

13 Board's attorneys, the medical investigative staff, and

14 authorized clerical staff, as provided in this Act and shall

15 be afforded the same status as is provided information

16 concerning medical studies in Part 21 of Article VIII of the

17 Code of Civil Procedure, except that the Department may

18 disclose information and documents to a federal, State, or

19 local law enforcement agency pursuant to a subpoena in an

20 ongoing criminal investigation to a health care licensing body

21 of this State or another state or jurisdiction pursuant to an

22 official request made by that licensing body. Furthermore,

23 information and documents disclosed to a federal, State, or

24 local law enforcement agency may be used by that agency only

25 for the investigation and prosecution of a criminal offense

26 or, in the case of disclosure to a health care licensing body,
    HB5387 Enrolled  - 194 - LRB104 18003 AAS 31440 b

1 only for investigations and disciplinary action proceedings
2 with regard to a license issued by that licensing body.
3 (Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
4 102-20, eff. 1-1-22; 102-558, eff. 8-20-21.)

5   (225 ILCS 60/37) (from Ch. 111, par. 4400-37)

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

7   Sec. 37. Disciplinary actions.

8   (a) At the time and place fixed in the notice, the Medical

9 Board provided for in this Act shall proceed to hear the

10 charges, and the accused person shall be accorded ample

11 opportunity to present in person, or by counsel, such

12 statements, testimony, evidence and argument as may be

13 pertinent to the charges or to any defense thereto. The

14 Medical Board may continue such hearing from time to time. If

15 the Medical Board is not sitting at the time and place fixed in

16 the notice or at the time and place to which the hearing has

17 been continued, the Department shall continue such hearing for

18 a period not to exceed 30 days.

19  (b) In case the accused person, after receiving notice,

20 fails to file an answer, their license may, in the discretion

21 of the Secretary, having received first the recommendation of

22 the Medical Board, be suspended, revoked or placed on

23 probationary status, or the Secretary may take whatever

24 disciplinary action as the Secretary he or she may deem

25 proper, including limiting the scope, nature, or extent of
    HB5387 Enrolled  - 195 - LRB104 18003 AAS 31440 b

1 said person's practice, without a hearing, if the act or acts

2 charged constitute sufficient grounds for such action under

3 this Act.

4   (c) The Medical Board has the authority to recommend to

5 the Secretary that probation be granted or that other

6 disciplinary or non-disciplinary action, including the

7 limitation of the scope, nature or extent of a person's

8 practice, be taken as it deems proper. If disciplinary or

9 non-disciplinary action, other than suspension or revocation,

10 is taken the Medical Board may recommend that the Secretary

11 impose reasonable limitations and requirements upon the

12 accused registrant to ensure compliance with the terms of the

13 probation or other disciplinary action, including, but not

14 limited to, regular reporting by the accused to the Department

15 of their actions, placing themselves under the care of a

16 qualified physician for treatment, or limiting their practice

17 in such manner as the Secretary may require.

18  (d) The Secretary, after consultation with the Chief

19 Medical Coordinator or Deputy Medical Coordinator, may

20 temporarily suspend the license of a physician without a

21 hearing, simultaneously with the institution of proceedings

22 for a hearing provided under this Section if the Secretary

23 possesses evidence that finds that evidence in his or her

24 possession indicates that a physician's continuation in

25 practice would constitute an immediate danger to the public.

26 In the event that the Secretary suspends, temporarily, the
    HB5387 Enrolled  - 196 - LRB104 18003 AAS 31440 b

1 license of a physician without a hearing, a hearing by the
2 Medical Board shall be held within 15 days after such
3 suspension has occurred and shall be concluded without
4 appreciable delay.
5 (Source: P.A. 102-20, eff. 1-1-22.)

6   (225 ILCS 60/38) (from Ch. 111, par. 4400-38)

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

8   Sec. 38. Subpoena; oaths.

9   (a) The Medical Board or Department has power to subpoena

10 and bring before it any person in this State and to take

11 testimony either orally or by deposition, or both, with the

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

13 by law for judicial procedure in civil cases.

14  (b) The Medical Board or Department, upon a determination

15 that probable cause exists that a violation of one or more of

16 the grounds for discipline listed in Section 22 has occurred

17 or is occurring, may subpoena the medical and hospital records

18 of individual patients of physicians licensed under this Act,

19 provided, that prior to the submission of such records to the

20 Medical Board, all information indicating the identity of the

21 patient shall be removed and deleted. Notwithstanding the

22 foregoing, the Medical Board and Department shall possess the

23 power to subpoena copies of hospital or medical records in

24 mandatory report cases under Section 23 alleging death or

25 permanent bodily injury when consent to obtain records is not
    HB5387 Enrolled    - 197 - LRB104 18003 AAS 31440 b

1 provided by a patient or legal representative. Prior to

2 submission of the records to the Medical Board, all

3 information indicating the identity of the patient shall be

4 removed and deleted. All medical records and other information

5 received pursuant to subpoena shall be confidential and shall

6 be afforded the same status as is proved information

7 concerning medical studies in Part 21 of Article VIII of the

8 Code of Civil Procedure. The use of such records shall be

9 restricted to members of the Medical Board, the medical

10 coordinators, and appropriate staff of the Department

11 designated by the Medical Board for the purpose of determining

12 the existence of one or more grounds for discipline of the

13 physician as provided for by Section 22 of this Act. Any such

14 review of individual patients' records shall be conducted by

15 the Medical Board in strict confidentiality, provided that

16 such patient records shall be admissible in a disciplinary

17 hearing, before the Medical Board, when necessary to

18 substantiate the grounds for discipline alleged against the

19 physician licensed under this Act, and provided further, that

20 nothing herein shall be deemed to supersede the provisions of

21 Part 21 of Article VIII of the Code of Civil Procedure, to the

22 extent applicable.

23  (c) The Secretary, hearing officer, and any member of the

24 Medical Board each have power to administer oaths at any

25 hearing which the Medical Board or Department is authorized by

26 law to conduct.
    HB5387 Enrolled         - 198 - LRB104 18003 AAS 31440 b

1   (d) Upon The Medical Board, upon a determination that

2 probable cause exists that a violation of one or more of the

3 grounds for discipline listed in Section 22 has occurred or is

4 occurring on the business premises of a physician licensed

5 under this Act, may issue an order authorizing an

6 appropriately qualified investigator employed by the

7 Department may to enter upon the business premises with due

8 consideration for patient care of the subject of the

9 investigation so as to inspect the physical premises and

10 equipment and furnishings therein. The right to inspection No

11 such order shall not include the right of inspection of

12 business, medical, or personnel records located on the

13 premises without a subpoena issued in accordance with this

14 Section or Section 2105-105 of the Department of Professional

15 Regulation Law of the Civil Administrative Code of Illinois.

16 For purposes of this Section, "business premises" is defined

17 as the office or offices where the physician conducts the

18 practice of medicine. Any such order shall expire and become

19 void five business days after its issuance by the Medical

20 Board. The execution of any such inspection order shall be

21 valid only during the normal business hours of the facility or

22 office to be inspected.

23 (Source: P.A. 101-316, eff. 8-9-19; 102-20, eff. 1-1-22.)

24  (225 ILCS 60/40) (from Ch. 111, par. 4400-40)

25  (Section scheduled to be repealed on January 1, 2027)
    HB5387 Enrolled  - 199 - LRB104 18003 AAS 31440 b

1   Sec. 40. Findings and recommendations; rehearing.

2   (a) The Medical Board shall present to the Secretary a

3 written report of its findings and recommendations. A copy of

4 such report shall be served upon the accused person, either

5 personally or by mail or email. Within 20 days after such

6 service, the accused person may present to the Department the

7 accused person's his or her motion, in writing, for a

8 rehearing, which written motion shall specify the particular

9 ground therefor. If the accused person orders and pays for a

10 transcript of the record as provided in Section 39, the time

11 elapsing thereafter and before such transcript is ready for

12 delivery to them shall not be counted as part of such 20 days.

13  (b) At the expiration of the time allowed for filing a

14 motion for rehearing, the Secretary may take the action

15 recommended by the Medical Board. Upon the suspension,

16 revocation, placement on probationary status, or the taking of

17 any other disciplinary action, including the limiting of the

18 scope, nature, or extent of one's practice, deemed proper by

19 the Department, with regard to the license or permit, the

20 accused shall surrender the accused's his or her license or

21 permit to the Department, if ordered to do so by the

22 Department, and upon the accused's his or her failure or

23 refusal so to do, the Department may seize the same.

24  (c) Each order of revocation, suspension, or other

25 disciplinary action shall contain a brief, concise statement

26 of the ground or grounds upon which the Department's action is
    HB5387 Enrolled   - 200 - LRB104 18003 AAS 31440 b

1 based, as well as the specific terms and conditions of such

2 action. This document shall be retained as a permanent record

3 by the Department.

4   (d) (Blank).

5   (e) In those instances where an order of revocation,

6 suspension, or other disciplinary action has been rendered by

7 virtue of a physician's physical illness, including, but not

8 limited to, deterioration through the aging process, or loss

9 of motor skill which results in a physician's inability to

10 practice medicine with reasonable judgment, skill, or safety,

11 the Department shall only permit this document, and the record

12 of the hearing incident thereto, to be observed, inspected,

13 viewed, or copied pursuant to court order.

14 (Source: P.A. 101-316, eff. 8-9-19; 102-20, eff. 1-1-22.)

15  (225 ILCS 60/44) (from Ch. 111, par. 4400-44)

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

17  Sec. 44. None of the disciplinary functions, powers and

18 duties enumerated in this Act shall be exercised by the

19 Department except upon the action and report in writing of the

20 Medical Board.

21  In all instances, under this Act, in which the Medical

22 Board has rendered a recommendation to the Secretary with

23 respect to a particular physician, the Secretary may take

24 action contrary to the recommendation of the Medical Board. In

25 the event that the Secretary disagrees with or takes action
    HB5387 Enrolled       - 201 - LRB104 18003 AAS 31440 b

1 contrary to the recommendation of the Medical Board, the

2 Secretary may file with the Medical Board the Secretary's his

3 or her specific written reasons of disagreement with the

4 Medical Board. Such reasons shall be filed within 30 days of

5 the occurrence of the Secretary's contrary position having

6 been taken.

7   The action and report in writing of a majority of the

8 Medical Board designated is sufficient authority upon which

9 the Secretary may act.

10  Whenever the Secretary is satisfied that substantial

11 justice has not been done in a formal disciplinary action, or

12 refusal to restore a license, the Secretary he or she may order

13 a rehearing.

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

15  (225 ILCS 60/49) (from Ch. 111, par. 4400-49)

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

17  Sec. 49. If any person does any of the following and does

18 not possess a valid license issued under this Act, that person

19 shall be sentenced as provided in Section 59: (i) holds

20 himself or herself out to the public as being engaged in the

21 diagnosis or treatment of physical or mental ailments or

22 conditions including, but not limited to, deformities,

23 diseases, disorders, or injuries of human beings; (ii)

24 suggests, recommends or prescribes any form of treatment for

25 the palliation, relief or cure of any physical or mental
    HB5387 Enrolled  - 202 - LRB104 18003 AAS 31440 b

1 ailment or condition of any person with the intention of

2 receiving, either directly or indirectly, any fee, gift, or

3 compensation whatever; (iii) diagnoses or attempts to

4 diagnose, operates upon, professes to heal, prescribes for, or

5 otherwise treats any ailment or condition, or supposed ailment

6 or condition, of another; (iv) maintains an office for

7 examination or treatment of persons afflicted, or alleged or

8 supposed to be afflicted, by any ailment or condition; (v)

9 manipulates or adjusts osseous or articular structures; or

10 (vi) attaches the title Doctor, Physician, Surgeon, M.D., D.O.

11 or D.C. or any other word or abbreviation to the person's his

12 or her name indicating that the person he or she is engaged in

13 the treatment of human ailments or conditions as a business.

14  Whenever the Department has reason to believe that any

15 person has violated this Section the Department may issue a

16 rule to show cause why an order to cease and desist should not

17 be entered against that person. The rule shall clearly set

18 forth the grounds relied upon by the Department and shall

19 provide a period of 7 days from the date of the rule to file an

20 answer to the satisfaction of the Department. Failure to

21 answer to the satisfaction of the Department shall cause an

22 order to cease and desist to be issued immediately.

23 (Source: P.A. 89-702, eff. 7-1-97.)

24  (225 ILCS 60/54) (from Ch. 111, par. 4400-54)

25  (Section scheduled to be repealed on January 1, 2027)
    HB5387 Enrolled        - 203 - LRB104 18003 AAS 31440 b

1   Sec. 54. A person who holds himself or herself out to treat

2 human ailments under a name other than the person's his or her

3 own, or by personation of any physician, shall be punished as

4 provided in Section 59.

5   However, nothing in this Act shall be construed as

6 prohibiting partnerships, limited liability companies,

7 associations, or corporations in accordance with subsection

8 (c) of Section 22.2 of this Act.

9 (Source: P.A. 97-622, eff. 11-23-11.)

10  (225 ILCS 60/54.2)

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

12  Sec. 54.2. Physician delegation of authority.

13  (a) Nothing in this Act shall be construed to limit the

14 delegation of patient care tasks or duties by a physician, to a

15 licensed practical nurse, a registered professional nurse, or

16 other licensed person practicing within the scope of the

17 licensed person's his or her individual licensing Act.

18 Delegation by a physician licensed to practice medicine in all

19 its branches to physician assistants or advanced practice

20 registered nurses is also addressed in Section 54.5 of this

21 Act. No physician may delegate any patient care task or duty

22 that is statutorily or by rule mandated to be performed by a

23 physician.

24  (b) In an office or practice setting and within a

25 physician-patient relationship, a physician may delegate
    HB5387 Enrolled  - 204 - LRB104 18003 AAS 31440 b

1 patient care tasks or duties to an unlicensed person who

2 possesses appropriate training and experience provided a

3 health care professional, who is practicing within the scope

4 of such licensed professional's individual licensing Act, is

5 on site to provide assistance.

6   (c) Any such patient care task or duty delegated to a

7 licensed or unlicensed person must be within the scope of

8 practice, education, training, or experience of the delegating

9 physician and within the context of a physician-patient

10 relationship.

11  (d) Nothing in this Section shall be construed to affect

12 referrals for professional services required by law.

13  (e) The Department shall have the authority to adopt rules

14 concerning a physician's delegation, including, but not

15 limited to, the use of light emitting devices for patient care

16 or treatment. An on-site physician examination prior to the

17 performance of a non-ablative laser procedure shall not be

18 required when:

19  (1) the laser hair removal facility follows a

20  physician delegation protocol, which shall be made

21  available to the Department upon request;

22  (2) the examination is performed by an advanced

23  practice registered nurse;

24  (3) the procedure is delegated by a physician and

25  performed by a registered nurse or licensed practical

26  nurse who has received appropriate, documented training
    HB5387 Enrolled  - 205 - LRB104 18003 AAS 31440 b

1   and education in the safe and effective use of each

2   system; and

3   (4) a physician is available by telephone or other

4   electronic means to respond promptly to any questions or

5   complications that may occur.

6   Nothing in this Section shall be construed to limit a

7 licensed advanced practice registered nurse with full practice

8 authority from practicing according to the Nurse Practice Act.

9   (f) Nothing in this Act shall be construed to limit the

10 method of delegation that may be authorized by any means,

11 including, but not limited to, oral, written, electronic,

12 standing orders, protocols, guidelines, or verbal orders.

13  (g) (Blank). A physician licensed to practice medicine in

14 all of its branches under this Act may delegate any and all

15 authority prescribed to him or her by law to international

16 medical graduate physicians, so long as the tasks or duties

17 are within the scope of practice, education, training, or

18 experience of the delegating physician who is on site to

19 provide assistance. An international medical graduate working

20 in Illinois pursuant to this subsection is subject to all

21 statutory and regulatory requirements of this Act, as

22 applicable, relating to the standards of care. An

23 international medical graduate physician is limited to

24 providing treatment under the supervision of a physician

25 licensed to practice medicine in all of its branches. The

26 supervising physician or employer must keep record of and make
    HB5387 Enrolled     - 206 - LRB104 18003 AAS 31440 b

 1 available upon request by the Department the following: (1)
 2 evidence of education certified by the Educational Commission
 3 for Foreign Medical Graduates; (2) evidence of passage of Step
 4 1, Step 2 Clinical Knowledge, and Step 3 of the United States
 5 Medical Licensing Examination as required by this Act; and (3)
 6 evidence of an unencumbered license from another country. This
 7 subsection does not apply to any international medical
 8 graduate whose license as a physician is revoked, suspended,
 9 or otherwise encumbered. This subsection is inoperative upon
10 the adoption of rules implementing Section 15.5.
11 (Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23;
12 103-814, eff. 1-1-25.)

13  (225 ILCS 60/54.5)

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

15  Sec. 54.5. Physician delegation of authority to physician

16 assistants, advanced practice registered nurses without full

17 practice authority, and prescribing psychologists.

18  (a) Physicians licensed to practice medicine in all its

19 branches may delegate care and treatment responsibilities to a

20 physician assistant under guidelines in accordance with the

21 requirements of the Physician Assistant Practice Act of 1987.

22 A physician licensed to practice medicine in all its branches

23 may enter into collaborative agreements with no more than 7

24 full-time equivalent physician assistants, except in a

25 hospital, hospital affiliate, or ambulatory surgical treatment
    HB5387 Enrolled  - 207 - LRB104 18003 AAS 31440 b

1 center as set forth by Section 7.7 of the Physician Assistant

2 Practice Act of 1987 and as provided in subsection (a-5).

3   (a-5) A physician licensed to practice medicine in all its

4 branches may collaborate with more than 7 physician assistants

5 when the services are provided in a federal primary care

6 health professional shortage area with a Health Professional

7 Shortage Area score greater than or equal to 12, as determined

8 by the United States Department of Health and Human Services.

9   The collaborating physician must keep appropriate

10 documentation of meeting this exemption and make it available

11 to the Department upon request.

12  (b) A physician licensed to practice medicine in all its

13 branches in active clinical practice may collaborate with an

14 advanced practice registered nurse in accordance with the

15 requirements of the Nurse Practice Act. Collaboration is for

16 the purpose of providing medical consultation, and no

17 employment relationship is required. A written collaborative

18 agreement shall conform to the requirements of Section 65-35

19 of the Nurse Practice Act. The written collaborative agreement

20 shall be for services for which the collaborating physician

21 can provide adequate collaboration. A written collaborative

22 agreement shall be adequate with respect to collaboration with

23 advanced practice registered nurses if all of the following

24 apply:

25         (1) The agreement is written to promote the exercise

26  of professional judgment by the advanced practice
    HB5387 Enrolled  - 208 - LRB104 18003 AAS 31440 b

1   registered nurse commensurate with the advanced practice

2   registered nurse's his or her education and experience.

3   (2) The advanced practice registered nurse provides

4   services based upon a written collaborative agreement with

5   the collaborating physician, except as set forth in

6   subsection (b-5) of this Section. With respect to labor

7   and delivery, the collaborating physician must provide

8   delivery services in order to participate with a certified

9   nurse midwife.

10  (3) Methods of communication are available with the

11  collaborating physician in person or through

12  telecommunications for consultation, collaboration, and

13  referral as needed to address patient care needs.

14  (b-5) An anesthesiologist or physician licensed to

15 practice medicine in all its branches may collaborate with a

16 certified registered nurse anesthetist in accordance with

17 Section 65-35 of the Nurse Practice Act for the provision of

18 anesthesia services. With respect to the provision of

19 anesthesia services, the collaborating anesthesiologist or

20 physician shall have training and experience in the delivery

21 of anesthesia services consistent with Department rules.

22 Collaboration shall be adequate if:

23  (1) an anesthesiologist or a physician participates in

24  the joint formulation and joint approval of orders or

25  guidelines and periodically reviews such orders and the

26  services provided patients under such orders; and
    HB5387 Enrolled            - 209 - LRB104 18003 AAS 31440 b

1   (2) for anesthesia services, the anesthesiologist or

2   physician participates through discussion of and agreement

3   with the anesthesia plan and is physically present and

4   available on the premises during the delivery of

5   anesthesia services for diagnosis, consultation, and

6   treatment of emergency medical conditions. Anesthesia

7   services in a hospital shall be conducted in accordance

8   with Section 10.7 of the Hospital Licensing Act and in an

9   ambulatory surgical treatment center in accordance with

10  Section 6.5 of the Ambulatory Surgical Treatment Center

11  Act.

12  (b-10) The anesthesiologist or operating physician must

13 agree with the anesthesia plan prior to the delivery of

14 services.

15  (c) The collaborating physician shall have access to the

16 medical records of all patients attended by a physician

17 assistant. The collaborating physician shall have access to

18 the medical records of all patients attended to by an advanced

19 practice registered nurse.

20  (d) (Blank).

21  (e) A physician shall not be liable for the acts or

22 omissions of a prescribing psychologist, physician assistant,

23 or advanced practice registered nurse solely on the basis of

24 having signed a supervision agreement or guidelines or a

25 collaborative agreement, an order, a standing medical order, a

26 standing delegation order, or other order or guideline
    HB5387 Enrolled  - 210 - LRB104 18003 AAS 31440 b

1 authorizing a prescribing psychologist, physician assistant,

2 or advanced practice registered nurse to perform acts, unless

3 the physician has reason to believe the prescribing

4 psychologist, physician assistant, or advanced practice

5 registered nurse lacked the competency to perform the act or

6 acts or commits willful and wanton misconduct.

7   (f) A collaborating physician may, but is not required to,

8 delegate prescriptive authority to an advanced practice

9 registered nurse as part of a written collaborative agreement,

10 and the delegation of prescriptive authority shall conform to

11 the requirements of Section 65-40 of the Nurse Practice Act.

12  (g) A collaborating physician may, but is not required to,

13 delegate prescriptive authority to a physician assistant as

14 part of a written collaborative agreement, and the delegation

15 of prescriptive authority shall conform to the requirements of

16 Section 7.5 of the Physician Assistant Practice Act of 1987.

17  (h) (Blank).

18  (i) A collaborating physician shall delegate prescriptive

19 authority to a prescribing psychologist as part of a written

20 collaborative agreement, and the delegation of prescriptive

21 authority shall conform to the requirements of Section 4.3 of

22 the Clinical Psychologist Licensing Act.

23  (j) As set forth in Section 22.2 of this Act, a licensee

24 under this Act may not directly or indirectly divide, share,

25 or split any professional fee or other form of compensation

26 for professional services with anyone in exchange for a
    HB5387 Enrolled             - 211 - LRB104 18003 AAS 31440 b

1 referral or otherwise, other than as provided in Section 22.2.
2 (Source: P.A. 103-228, eff. 1-1-24.)

3   (225 ILCS 60/58) (from Ch. 111, par. 4400-58)

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

5   Sec. 58. Any person who shall willfully wilfully swear or

6 affirm falsely, or make or file any affidavit willfully

7 wilfully and corruptly, in filing or prosecuting their

8 application for a license before the Department, or in

9 submitting any complaint, evidence or testimony to the

10 Department under the provisions of this Act, or under any rule

11 or regulation of the Department, shall be sentenced therefor

12 as the law shall prescribe at the time for perjury.

13 (Source: P.A. 85-4.)

14  (225 ILCS 60/66)

15  Sec. 66. Temporary permit for health care.

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

17 applicant who is licensed to practice as a physician in

18 another state. The temporary permit will authorize the

19 practice of providing health care to patients in this State if

20 all of the following apply:

21  (1) The Department determines that the applicant's

22  services will improve the welfare of Illinois residents

23  and non-residents requiring health care services.

24  (2) The applicant has graduated from a medical program
    HB5387 Enrolled  - 212 - LRB104 18003 AAS 31440 b

1   officially recognized by the jurisdiction in which it is

2   located for the purpose of receiving a license to practice

3   medicine in all of its branches, and maintains an

4   equivalent authorization to practice medicine in good

5   standing in the applicant's current state or territory of

6   licensure; and the applicant can furnish the Department

7   with a certified letter upon request from that

8   jurisdiction attesting to the fact that the applicant has

9   no pending action or violations against the applicant's

10  license.

11  The Department will not consider a physician's license

12  being revoked or otherwise disciplined by any state or

13  territory based solely on the physician providing,

14  authorizing, recommending, aiding, assisting, referring

15  for, or otherwise participating in any health care service

16  that is unlawful or prohibited in that state or territory,

17  if the provision of, authorization of, or participation in

18  that health care, medical service, or procedure related to

19  any health care service is not unlawful or prohibited in

20  this State.

21  (3) The applicant has sufficient training and

22  possesses the appropriate core competencies to provide

23  health care services, and is physically, mentally, and

24  professionally capable of practicing medicine with

25  reasonable judgment, skill, and safety and in accordance

26  with applicable standards of care.
    HB5387 Enrolled  - 213 - LRB104 18003 AAS 31440 b

1   (4) The applicant will be working pursuant to an

2   agreement with a sponsoring licensed hospital, medical

3   office, clinic, or other medical facility providing

4   abortion or other health care services. Such agreement

5   shall be executed by an authorized representative of the

6   licensed hospital, medical office, clinic, or other

7   medical facility, certifying that the physician holds an

8   active license and is in good standing in the state in

9   which they are licensed. If an applicant for a temporary

10  permit has been previously disciplined by another

11  jurisdiction, except as described in paragraph (2) of

12  subsection (a), further review may be conducted pursuant

13  to the Civil Administrative Code of Illinois and this Act.

14  The application shall include the physician's name,

15  contact information, state of licensure, and license

16  number.

17  (5) Payment of a $75 fee.

18  The sponsoring licensed hospital, medical office, clinic,

19 or other medical facility engaged in the agreement with the

20 applicant shall notify the Department should the applicant at

21 any point leave or become separate from the sponsor.

22  The Department may adopt rules pursuant to this Section.

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

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

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

26 temporary permit may only renew one time.
    HB5387 Enrolled  - 214 - LRB104 18003 AAS 31440 b

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

2 practice medicine within the scope of providing health care

3 services at the location or locations specified on the permit.

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

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

6 Department, and shall be accompanied by a nonrefundable

7 non-refundable fee of $75. The Department shall grant or deny

8 an applicant a temporary permit within 60 days of receipt of a

9 completed application. The Department shall notify the

10 applicant of any deficiencies in the applicant's application

11 materials requiring corrections in a timely manner.

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

13 appear before the Board to respond to questions concerning the

14 applicant's qualifications to receive the permit. An

15 applicant's refusal to appear before the Illinois State

16 Medical Board may be grounds for denial of the application by

17 the Department.

18  (f) The Secretary may summarily cancel any temporary

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

20 the Secretary finds that evidence that in his or her

21 possession indicates that a permit holder's continuation in

22 practice would constitute an imminent danger to the public or

23 violate any provision of this Act or its rules. If the

24 Secretary summarily cancels a temporary permit issued pursuant

25 to this Section or Act, the permit holder may petition the

26 Department for a hearing in accordance with the provisions of
    HB5387 Enrolled   - 215 - LRB104 18003 AAS 31440 b

1 Section 43 of this Act to restore the permit holder's his or

2 her permit, unless the permit holder has exceeded the his or

3 her renewal limit.

4   (g) In addition to terminating any temporary permit issued

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

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

7 permit holder and may notify any state in which the temporary

8 permit holder has been issued a permit that the permit

9 holder's his or her Illinois permit has been terminated and

10 the reasons for the termination. The monetary penalty shall be

11 paid within 60 days after the effective date of the order

12 imposing the penalty. The order shall constitute a judgment

13 and may be filed and execution had thereon in the same manner

14 as any judgment from any court of record. It is the intent of

15 the General Assembly that a permit issued pursuant to this

16 Section shall be considered a privilege and not a property

17 right.

18  (h) While working in Illinois, all temporary permit

19 holders are subject to all statutory and regulatory

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

21 Failure to adhere to all statutory and regulatory requirements

22 may result in revocation or other discipline of the temporary

23 permit.

24  (i) If the Department becomes aware of a violation

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

26 other medical facility or via telehealth practice, the
    HB5387 Enrolled       - 216 - LRB104 18003 AAS 31440 b

1 Department shall notify the Department of Public Health.

2   (j) The Department may adopt emergency rules pursuant to

3 this Section. The General Assembly finds that the adoption of

4 rules to implement a temporary permit for health care services

5 is deemed an emergency and necessary for the public interest,

6 safety, and welfare.

7 (Source: P.A. 102-1117, eff. 1-13-23.)

8   (225 ILCS 60/70 new)

9   Sec. 70. Record retention. A physician shall retain all

10 medical records of adult patients not appropriately

11 transferred to another physician or entity for at least 6

12 years after the last date of service for each patient, except

13 as otherwise required by law. A physician shall retain all

14 medical records of minor patients not appropriately

15 transferred to another physician or entity for at least 6

16 years after the last date of service for each patient or until

17 the patient reaches the age of 21, whichever date is longer,

18 except as otherwise required by law.

19  Section 27. The Licensed Certified Professional Midwife

20 Practice Act is amended by adding Section 21 as follows:

21  (225 ILCS 64/21 new)

22  Sec. 21. Unlicensed practice.

23  (a) As used in this Section, "midwifery services" does not
    HB5387 Enrolled  - 217 - LRB104 18003 AAS 31440 b

1 include the services provided by an advanced practice

2 registered nurse certified as a nurse midwife under the Nurse

3 Practice Act.

4   (b) No person may provide, offer to provide, or attempt to

5 practice midwifery or hold oneself out as a licensed certified

6 professional midwife, a licensed midwife, a certified

7 professional midwife, or as a qualified provider of midwifery

8 services unless the person is licensed in accordance with this

9 Act.

10  Section 30. The Illinois Optometric Practice Act of 1987

11 is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 9.5, 10,

12 11, 12, 13, 16, 17, 18, 20, 22, 24, 24.2, 25, 26.1, 26.2, 26.7,

13 26.13, and 26.14 as follows:

14  (225 ILCS 80/3) (from Ch. 111, par. 3903)

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

16  Sec. 3. Practice of optometry defined; referrals;

17 manufacture of lenses and prisms.

18  (a) The practice of optometry is defined as the employment

19 of any and all means for the examination, diagnosis, and

20 treatment of the human visual system, the human eye, and its

21 appendages without the use of surgery or the use of lasers for

22 surgical purposes, including, but not limited to: the

23 appropriate use of ocular pharmaceutical agents; refraction

24 and other determinants of visual function; prescribing
    HB5387 Enrolled              - 218 - LRB104 18003 AAS 31440 b

1 corrective lenses or prisms; prescribing, dispensing, or

2 management of contact lenses; vision therapy; visual

3 rehabilitation; or any other procedures taught in schools and

4 colleges of optometry approved by the Department, and not

5 specifically restricted in this Act, subject to demonstrated

6 competency and training as required by the Board, and pursuant

7 to rule or regulation approved by the Board and adopted by the

8 Department.

9   A person shall be deemed to be practicing optometry within

10 the meaning of this Act who:

11  (1) In any way presents the person himself or herself

12  to be qualified to practice optometry.

13  (2) Performs refractions or employs any other

14  determinants of visual function.

15  (3) Employs any means for the adaptation of lenses or

16  prisms.

17  (4) Prescribes corrective lenses, prisms, vision

18  therapy, visual rehabilitation, or ocular pharmaceutical

19  agents.

20  (5) Prescribes or manages contact lenses for

21  refractive, cosmetic, or therapeutic purposes.

22  (6) Evaluates the need for, or prescribes, low vision

23  aids to partially sighted persons.

24  (7) Diagnoses or treats any ocular abnormality,

25  disease, or visual or muscular anomaly of the human eye or

26  visual system.
    HB5387 Enrolled  - 219 - LRB104 18003 AAS 31440 b

1   (8) Practices, or offers or attempts to practice,

2   optometry as defined in this Act either on the person's

3   his or her own behalf or as an employee of a person, firm,

4   or corporation, whether under the supervision of the

5   person's his or her employer or not.

6   Nothing in this Section shall be interpreted (A) to

7 prevent a person from functioning as an assistant under the

8 direct supervision of a person licensed by the State of

9 Illinois to practice optometry or medicine in all of its

10 branches or (B) to prohibit visual screening programs that are

11 conducted without a fee (other than voluntary donations), by

12 charitable organizations acting in the public welfare under

13 the supervision of a committee composed of persons licensed by

14 the State of Illinois to practice optometry or persons

15 licensed by the State of Illinois to practice medicine in all

16 of its branches.

17  (b) When, in the course of providing optometric services

18 to any person, an optometrist licensed under this Act finds an

19 indication of a disease or condition of the eye which in the

20 optometrist's his or her professional judgment requires

21 professional service outside the scope of practice as defined

22 in this Act, the optometrist he or she shall refer such person

23 to a physician licensed to practice medicine in all of its

24 branches, or other appropriate health care practitioner.

25 Nothing in this Act shall preclude an optometrist from

26 rendering appropriate nonsurgical emergency care.
    HB5387 Enrolled  - 220 - LRB104 18003 AAS 31440 b

1   (c) Nothing contained in this Section shall prohibit a

2 person from manufacturing ophthalmic lenses and prisms or the

3 fabrication of contact lenses according to the specifications

4 prescribed by an optometrist or a physician licensed to

5 practice medicine in all of its branches, but shall

6 specifically prohibit (1) the sale or delivery of ophthalmic

7 lenses, prisms, and contact lenses without a prescription

8 signed by an optometrist or a physician licensed to practice

9 medicine in all of its branches and (2) the dispensing of

10 contact lenses by anyone other than a licensed optometrist,

11 licensed pharmacist, or a physician licensed to practice

12 medicine in all of its branches. For the purposes of this Act,

13 "contact lenses" include, but are not limited to, contact

14 lenses with prescriptive power and decorative and plano power

15 contact lenses. Nothing in this Section shall prohibit the

16 sale of contact lenses by an optical firm or corporation

17 primarily engaged in manufacturing or dealing in eyeglasses or

18 contact lenses with an affiliated optometrist who practices

19 and is licensed or has an ancillary registration for the

20 location where the sale occurs.

21  (d) Nothing in this Act shall restrict the filling of a

22 prescription by a pharmacist licensed under the Pharmacy

23 Practice Act.

24  (e) Nothing in this Act shall be construed to restrict the

25 dispensing and sale by an optometrist of ocular devices, such

26 as contact lenses, that contain and deliver ocular
    HB5387 Enrolled            - 221 - LRB104 18003 AAS 31440 b

1 pharmaceutical agents permitted for use or prescription under

2 this Act.

3   (f) (Blank). On and after January 1, 2018, nothing in this

4 Act shall prohibit an optometrist who is certified by a school

5 of optometry approved by the Department from performing

6 advanced optometric procedures, pursuant to educational

7 requirements established by rule, that are consistent with the

8 recommendations          of  the               Collaborative

9 Optometric/Ophthalmological Task Force created in Section 15.3

10 of this Act and that are taught (1) at an accredited, private

11 4-year school of optometry that is located in a city in

12 Illinois with a population in excess of 1,500,000, or (2) at a

13 school of optometry with a curriculum that is substantially

14 similar to the curriculum taught at the school of optometry

15 described in item (1) of this subsection. Advanced optometric

16 procedures do not include the use of lasers.

17 (Source: P.A. 98-186, eff. 8-5-13; 99-909, eff. 1-1-17.)

18  (225 ILCS 80/4) (from Ch. 111, par. 3904)

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

20  Sec. 4. License requirement. No person shall practice, or

21 attempt to practice, optometry, as defined in this Act,

22 without a valid license as an optometrist issued by the

23 Department.

24 (Source: P.A. 85-896.)
   HB5387 Enrolled  - 222 - LRB104 18003 AAS 31440 b

1  (225 ILCS 80/5) (from Ch. 111, par. 3905)

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

3  Sec. 5. Title and designation of licensed optometrists.

4 Every person to whom a valid existing license as an

5 optometrist has been issued under this Act, shall be

6 designated professionally as an "optometrist" and not

7 otherwise, and any such licensed optometrist may, in

8 connection with the practice of the licensed optometrist's his

9 or her profession, use the title or designation of

10 "optometrist", and, if entitled by degree from a college or

11 university recognized by the Department of Financial and

12 Professional Regulation, may use the title of "Doctor of

13 Optometry", or the abbreviation "O.D.". When the name of such

14 licensed optometrist is used professionally in oral, written,

15 or printed announcements, prescriptions, professional cards,

16 or publications for the information of the public, and is

17 preceded by the title "Doctor" or the abbreviation "Dr.", the

18 explanatory designation of "optometrist", "optometry", or

19 "Doctor of Optometry" shall be added immediately following

20 such title and name. When such announcement, prescription,

21 professional care or publication is in writing or in print,

22 such explanatory addition shall be in writing, type, or print

23 not less than one-half the size of that used in said name and

24 title. No person other than the holder of a valid existing

25 license under this Act shall use the title and designation of

26 "Doctor of Optometry", "O.D.", or "optometrist", either
    HB5387 Enrolled  - 223 - LRB104 18003 AAS 31440 b

1 directly or indirectly in connection with the licensee's his
2 or her profession or business.
3 (Source: P.A. 94-787, eff. 5-19-06.)

4   (225 ILCS 80/6) (from Ch. 111, par. 3906)

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

6   Sec. 6. Display of license; change of address; record of

7 examinations and prescriptions.

8   (a) Every holder of a license under this Act shall display

9 such license on a conspicuous place in the office or offices

10 wherein such holder practices optometry and every holder

11 shall, whenever requested, exhibit such license to any

12 representative of the Department, and shall notify the

13 Department of the address or addresses and of every change

14 thereof, where such holder shall practice optometry.

15  (b) Every licensed optometrist shall keep a record of

16 examinations made and prescriptions issued, which record shall

17 include the names of persons examined and for whom

18 prescriptions were prepared, and shall be signed by the

19 licensed optometrist and shall be retained in the office in

20 which such professional service was rendered or in a secure

21 offsite storage facility. Such records shall be preserved by

22 the optometrist for a period designated by the Department. A

23 copy of such records shall be provided, upon written request,

24 to the person examined, or the person's his or her designee.

25 (Source: P.A. 97-1028, eff. 1-1-13.)
    HB5387 Enrolled  - 224 - LRB104 18003 AAS 31440 b

1   (225 ILCS 80/7) (from Ch. 111, par. 3907)

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

3   Sec. 7. Additional practice locations.

4   (a) Every holder of a license under this Act shall report

5 to the Department every additional location where the licensee

6 engages in the practice of optometry. Such reports shall be

7 made prior to practicing at the location and shall be done in a

8 manner prescribed by the Department.

9   (b) Failure to report a practice location or to maintain

10 evidence of such a report at the practice location shall be a

11 violation of this Act and shall be considered the unlicensed

12 practice of optometry. Registering a location where a licensee

13 does not practice shall also be a violation of this Act.

14  (c) Nothing contained herein, however, shall be construed

15 to require a licensed optometrist in active practice to report

16 a location to the Department when serving on the staff of a

17 hospital or an institution that receives no fees (other than

18 entrance registration fees) for the services rendered by the

19 optometrist and for which the optometrist receives no fees or

20 compensation directly or indirectly for such services

21 rendered.

22  (d) Nothing contained herein shall be construed to require

23 a licensed optometrist to report a location to the Department

24 when rendering necessary optometric services for the licensed

25 optometrist's his or her patients confined to their homes,
    HB5387 Enrolled      - 225 - LRB104 18003 AAS 31440 b

1 hospitals or institutions, or to act in an advisory capacity,
2 with or without remuneration, in any industry, school or
3 institution.
4 (Source: P.A. 96-270, eff. 1-1-10.)

5   (225 ILCS 80/8) (from Ch. 111, par. 3908)

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

7   Sec. 8. Permitted activities. This Act does not prohibit:

8   (1) Any person licensed in this State under any other

9   Act from engaging in the practice for which the person he

10  or she is licensed.

11  (2) The practice of optometry by a person who is

12  employed by the United States government or any bureau,

13  division or agency thereof while in the discharge of the

14  employee's official duties.

15  (3) The practice of optometry that is included in

16  their program of study by students enrolled in schools of

17  optometry or in continuing education courses approved by

18  the Department.

19  (4) Persons, firms, and corporations who manufacture

20  or deal in eyeglasses eye glasses or spectacles in a

21  store, shop, or other permanently established place of

22  business, and who neither practice nor attempt to practice

23  optometry from engaging the services of one or more

24  licensed optometrists, nor prohibit any such licensed

25  optometrist when so engaged, to practice optometry as
    HB5387 Enrolled  - 226 - LRB104 18003 AAS 31440 b

1   defined in Section 3 of this Act, when the person, or firm,

2   or corporation so conducts the person's, firm's, or

3   corporation's his or her or its business in a permanently

4   established place and in such manner that the person's,

5   firm's, or corporation's his or her or its activities, in

6   any department in which such optometrist is engaged,

7   insofar as the practice of optometry is concerned, are in

8   keeping with the limitations imposed upon individual

9   practitioners of optometry by subparagraphs 17, 23, 26,

10  27, 28, 29, and 30 of Section 24 of this Act; provided,

11  that such licensed optometrist or optometrists shall not

12  be exempt, by reason of such relationship, from compliance

13  with the provisions of this Act as prescribed for

14  individual practitioners of optometry.

15 (Source: P.A. 94-787, eff. 5-19-06.)

16  (225 ILCS 80/9) (from Ch. 111, par. 3909)

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

18  Sec. 9. Definitions. For purposes of In this Act, the

19 following definitions shall have the following meanings,

20 except where the context requires otherwise:

21  (1) "Department" means the Department of Financial and

22  Professional Regulation.

23  (2) "Secretary" means the Secretary of Financial and

24  Professional Regulation.

25  (3) "Board" means the Illinois Optometric Licensing
    HB5387 Enrolled      - 227 - LRB104 18003 AAS 31440 b

1   and Disciplinary Board appointed by the Secretary.

2   (4) "License" means the document issued by the

3   Department authorizing the person named thereon to

4   practice optometry.

5   (5) (Blank).

6   (6) "Direct supervision" means supervision of any

7   person assisting an optometrist, requiring that the

8   optometrist authorize the procedure, remain in the

9   facility while the procedure is performed, approve the

10  work performed by the person assisting before dismissal of

11  the patient, but does not mean that the optometrist must

12  be present with the patient, during the procedure. For the

13  dispensing of contact lenses, "direct supervision" means

14  that the optometrist is responsible for training the

15  person assisting the optometrist in the dispensing or sale

16  of contact lenses, but does not mean that the optometrist

17  must be present in the facility where the optometrist he

18  or she practices under a license or ancillary registration

19  at the time the contacts are dispensed or sold. For the

20  practice of optometry through telehealth, "direct

21  supervision" means supervision by an optometrist of any

22  person located at a remote location who is assisting an

23  optometrist with procedures or optometric services

24  administered to a patient at the remote location when the

25  optometrist is at a distant site.

26  (7) "Address of record" means the designated address
    HB5387 Enrolled  - 228 - LRB104 18003 AAS 31440 b

1   recorded by the Department in the applicant's application

2   file or the licensee's license file maintained by the

3   Department's licensure maintenance unit.

4   (8) "Remote location" means the site at which the

5   patient is located at the time optometric services are

6   rendered through telehealth to that patient.

7   (9) "Distant site" means the location in Illinois from

8   which an optometrist is rendering services through

9   telehealth.

10  (10) "Interactive telecommunications system" means an

11  audio and video system permitting 2-way, real-time

12  interactive communication between a patient located at a

13  remote location and an optometrist located at a distant

14  site.

15  (11) "Telehealth" means the evaluation, diagnosis, or

16  interpretation of patient-specific data that is

17  transmitted by way of an interactive telecommunication

18  system between a remote location and an optometrist

19  located at a distant site that generates interaction or

20  treatment recommendations for a patient located at a

21  remote location. "Telehealth" includes the performance of

22  any of the activities set forth in Sections 3 and 15.1.

23  (12) "Email address of record" means the designated

24  email address by the Department in the applicant's

25  application file or the licensee's license file maintained

26  by the Department's licensure maintenance unit.
    HB5387 Enrolled    - 229 - LRB104 18003 AAS 31440 b

1 (Source: P.A. 102-153, eff. 1-1-22.)

2   (225 ILCS 80/9.5)

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

4   Sec. 9.5. Address of record; email address of record

5 Change of address. All applicants and licensees shall:

6   (1) provide a valid address and email address to the

7   Department, which shall serve as the address of record and

8   email address of record, respectively, at the time of

9   application for licensure or renewal of a license; and

10  (2) inform the Department of any change of address of

11  record or email address of record within 14 days after the

12  change, either through the Department's website or by

13  contacting the Department's licensure maintenance unit. It

14  is the duty of the applicant or licensee to inform the

15  Department of any change of address within 14 days after

16  such change either through the Department's website or by

17  contacting the Department's licensure maintenance unit.

18 (Source: P.A. 99-909, eff. 1-1-17.)

19  (225 ILCS 80/10) (from Ch. 111, par. 3910)

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

21  Sec. 10. Powers and duties of Department; rules; report.

22  (a) The Department shall exercise the powers and duties

23 prescribed by the Civil Administrative Code of Illinois for

24 the administration of licensing acts and shall exercise such
    HB5387 Enrolled  - 230 - LRB104 18003 AAS 31440 b

1 other powers and duties necessary for effectuating the purpose

2 of this Act.

3   (b) The Secretary shall promulgate rules consistent with

4 the provisions of this Act, for the administration and

5 enforcement thereof and may prescribe forms that shall be

6 issued in connection therewith. The rules shall include

7 standards and criteria for licensure and certification, and

8 professional conduct and discipline.

9   (c) The Department shall consult with the Board in

10 promulgating rules. Notice of proposed rulemaking shall be

11 transmitted to the Board and the Department shall review the

12 Board's responses and any recommendations made therein. The

13 Department may solicit the advice of the Board on any matter

14 relating to the administration and enforcement of this Act.

15 (Source: P.A. 99-909, eff. 1-1-17.)

16  (225 ILCS 80/11) (from Ch. 111, par. 3911)

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

18  Sec. 11. Optometric Licensing and Disciplinary Board.

19  (a) The Secretary shall appoint an Illinois Optometric

20 Licensing and Disciplinary Board as follows: Seven persons who

21 shall be appointed by and shall serve in an advisory capacity

22 to the Secretary. Five members must be lawfully and actively

23 engaged in the practice of optometry in this State, one member

24 shall be a licensed optometrist, with a full-time faculty

25 appointment with a school of optometry located in this State
    HB5387 Enrolled          - 231 - LRB104 18003 AAS 31440 b

1 and recognized by the Department the Illinois College of

2 Optometry, and one member must be a member of the public who

3 shall be a voting member and is not licensed under this Act, or

4 a similar Act of another jurisdiction, or have any connection

5 with the profession. Neither the public member nor the faculty

6 member shall participate in the preparation or administration

7 of the examination of applicants for licensure.

8   (b) Members shall serve 4-year terms and until their

9 successors are appointed and qualified. No member shall be

10 appointed to the Board for more than 2 successive 4-year

11 terms, not counting any partial terms when appointed to fill

12 the unexpired portion of a vacated term. Appointments to fill

13 vacancies shall be made in the same manner as original

14 appointments, for the unexpired portion of the vacated term.

15  (c) The Board shall annually elect a chairperson and a

16 vice-chairperson, both of whom shall be licensed optometrists.

17  (d) The membership of the Board should reasonably reflect

18 representation from the geographic areas in this State.

19  (e) A majority of the Board members currently appointed

20 shall constitute a quorum. A vacancy in the membership of the

21 Board shall not impair the right of a quorum to perform all of

22 the duties of the Board.

23  (f) The Secretary may remove any member of the Board for

24 misconduct, incapacity, or neglect of duty, and the Secretary

25 shall be the sole judge of the sufficiency of cause for removal

26 terminate the appointment of any member for cause.
    HB5387 Enrolled  - 232 - LRB104 18003 AAS 31440 b

1   (g) The members of the Board shall be reimbursed for all

2 authorized legitimate and necessary expenses incurred in

3 attending the meetings of the Board.

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

5 action based upon any disciplinary proceeding or other

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

7   (i) The Secretary shall give due consideration to all

8 recommendations of the Board.

9   (j) Without, in any manner, limiting the power of the

10 Department to conduct investigations, the Board may recommend

11 to the Secretary that one or more licensed optometrists be

12 selected by the Secretary to conduct or assist in any

13 investigation pursuant to this Act. Such licensed optometrist

14 may receive remuneration as determined by the Secretary.

15 (Source: P.A. 99-909, eff. 1-1-17.)

16  (225 ILCS 80/12) (from Ch. 111, par. 3912)

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

18  Sec. 12. Applications for licenses.

19  (a) Applications for original licenses shall be made to

20 the Department in writing or electronically on forms

21 prescribed by the Department and shall be accompanied by the

22 required fee, which shall not be refundable. Any such

23 application shall require such information as in the judgment

24 of the Department will enable the Department to pass on the

25 qualifications of the applicant for a license.
    HB5387 Enrolled             - 233 - LRB104 18003 AAS 31440 b

1   (b) Applicants have 3 years from the date of application

2 to complete the application process. If the process has not

3 been completed within 3 years, the application shall be

4 denied, the application fees shall be forfeited, and the

5 applicant must reapply and meet the requirements in effect at

6 the time of reapplication.

7 (Source: P.A. 99-43, eff. 1-1-16.)

8   (225 ILCS 80/13) (from Ch. 111, par. 3913)

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

10  Sec. 13. Examination of applicants for licensure. The

11 Department shall promulgate rules establishing examination

12 requirements for applicants as optometrists. The examination

13 shall accurately evaluate the applicant's ability to perform

14 to the minimum standards of the practice of optometry.

15  Applicants for examination shall be required to pay,

16 either to the Department or the designated testing service, a

17 fee covering the cost of providing the examination.

18  The Department may employ consultants for the purpose of

19 preparing and conducting examinations.

20 (Source: P.A. 94-787, eff. 5-19-06.)

21  (225 ILCS 80/16) (from Ch. 111, par. 3916)

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

23  Sec. 16. Renewal, reinstatement or restoration of

24 licenses; military service.
    HB5387 Enrolled  - 234 - LRB104 18003 AAS 31440 b

1   (a) The expiration date and renewal period for each

2 license issued under this Act shall be set by rule.

3   (b) All renewal applicants shall provide proof of having

4 met the requirements of continuing education set forth in the

5 rules of the Department. The Department shall, by rule,

6 provide for an orderly process for the reinstatement of

7 licenses which have not been renewed due to failure to meet the

8 continuing education requirements. The continuing education

9 requirement may be waived for such good cause, including, but

10 not limited to, illness or hardship, as defined by rules of the

11 Department.

12  (c) The Department shall establish by rule a means for the

13 verification of completion of the continuing education

14 required by this Section. This verification may be

15 accomplished through audits of records maintained by

16 registrants; by requiring the filing of continuing education

17 certificates with the Department; or by other means

18 established by the Department.

19  Any licensee seeking renewal of his or her license during

20 the renewal cycle beginning April 1, 2008 must first complete

21 a tested educational course in the use of oral pharmaceutical

22 agents for the management of ocular conditions, as approved by

23 the Board.

24  (d) Any optometrist who has permitted the optometrist's

25 his or her license to expire or who has had the optometrist's

26 his or her license on inactive status may have the
    HB5387 Enrolled   - 235 - LRB104 18003 AAS 31440 b

1 optometrist's his or her license restored by making

2 application to the Department and filing proof acceptable to

3 the Department of the optometrist's his or her fitness to have

4 the optometrist's his or her license restored and by paying

5 the required fees. Such proof of fitness may include evidence

6 certifying to active lawful practice in another jurisdiction

7 and must include proof of the completion of the continuing

8 education requirements specified in the rules for the

9 preceding license renewal period that has been completed

10 during the 2 years prior to the application for license

11 restoration.

12  (e) The Department shall determine, by an evaluation

13 program established by rule, an optometrist's his or her

14 fitness for restoration of the optometrist's his or her

15 license and shall establish procedures and requirements for

16 such restoration.

17  However, any optometrist whose license expired while the

18 person he or she was (1) in Federal Service on active duty with

19 the Armed Forces of the United States, or the State Militia

20 called into service or training, or (2) in training or

21 education under the supervision of the United States

22 preliminary to induction into the military service, may have

23 the person's his or her license restored without paying any

24 lapsed renewal fees if within 2 years after honorable

25 termination of such service, training, or education, the

26 person he or she furnishes the Department with satisfactory
    HB5387 Enrolled    - 236 - LRB104 18003 AAS 31440 b

1 evidence to the effect that the person he or she has been so

2 engaged and that the person's his or her service, training, or

3 education has been so terminated.

4   (f) All licenses without "Therapeutic Certification" on

5 March 31, 2006 shall be placed on nonrenewed non-renewed

6 status and may only be renewed after the licensee meets those

7 requirements established by the Department that may not be

8 waived. All licensees on March 31, 2010 without a

9 certification of completion of an oral pharmaceutical course

10 as required by this Section shall be placed on nonrenewed

11 non-renewed status and may only be renewed after the licensee

12 meets those requirements established by the Department that

13 may not be waived.

14 (Source: P.A. 95-242, eff. 1-1-08; 96-270, eff. 1-1-10.)

15  (225 ILCS 80/17) (from Ch. 111, par. 3917)

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

17  Sec. 17. Inactive status.

18  (a) Any optometrist who notifies the Department in writing

19 on forms prescribed by the Department, may elect to place the

20 optometrist's his or her license on an inactive status and

21 shall be excused from payment of renewal fees until the

22 optometrist he or she notifies the Department in writing of

23 the optometrist's his intent to restore the optometrist's his

24 or her license.

25  (b) Any optometrist requesting restoration from inactive
    HB5387 Enrolled             - 237 - LRB104 18003 AAS 31440 b

1 status shall be required to pay the current renewal fee, to

2 provide proof of completion of the continuing education

3 requirements specified in the rules for the preceding license

4 renewal period that has been completed during the 2 years

5 prior to the application for restoration, and to restore the

6 optometrist's his or her license as provided by rule of the

7 Department. All licenses without "Therapeutic Certification"

8 that are on inactive status as of March 31, 2006 shall be

9 placed on nonrenewed non-renewed status and may only be

10 restored after the licensee meets those requirements

11 established by the Department that may not be waived.

12  (c) Any optometrist whose license is in an expired or

13 inactive status shall not practice optometry in the State of

14 Illinois.

15  (d) Any licensee who shall practice while the

16 optometrist's his or her license is lapsed or on inactive

17 status shall be considered to be practicing without a license

18 which shall be grounds for discipline under Section 24

19 subsection (a) of this Act.

20 (Source: P.A. 94-787, eff. 5-19-06.)

21  (225 ILCS 80/18) (from Ch. 111, par. 3918)

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

23  Sec. 18. Endorsement.

24  (a) The Department may, in its discretion, license as an

25 optometrist, without examination on payment of the required
    HB5387 Enrolled  - 238 - LRB104 18003 AAS 31440 b

1 fee, an applicant who is so licensed under the laws of another

2 state or jurisdiction of the United States. The Department may

3 issue a license, upon payment of the required fee and

4 recommendation of the Board, to an individual applicant who is

5 licensed in any foreign country or province whose standards,

6 in the opinion of the Board or Department, were, at the date of

7 the applicant's his or her licensure, substantially equivalent

8 to the requirements then in force in this State; or if the

9 applicant possesses individual qualifications and skills which

10 demonstrate substantial equivalence to current Illinois

11 requirements.

12  (b) Applicants have 3 years from the date of application

13 to complete the application process. If the process has not

14 been completed in 3 years, the application shall be denied,

15 the fee forfeited and the applicant must reapply and meet the

16 requirements in effect at the time of reapplication.

17 (Source: P.A. 99-909, eff. 1-1-17.)

18  (225 ILCS 80/20) (from Ch. 111, par. 3920)

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

20  Sec. 20. Fund.

21  (a) All moneys received by the Department pursuant to this

22 Act shall be deposited into in the Optometric Licensing and

23 Disciplinary Board Fund, which is hereby created as a special

24 fund in the State treasury Treasury, and shall be used for the

25 administration of this Act, including: (a) by the Board and
    HB5387 Enrolled        - 239 - LRB104 18003 AAS 31440 b

1 Department in the exercise of its powers and performance of

2 its duties; (b) for costs directly related to license renewal

3 of persons licensed under this Act; and (c) for direct and

4 allocable indirect costs related to the public purposes of the

5 Department of Financial and Professional Regulation. Subject

6 to appropriation, moneys in the Optometric Licensing and

7 Disciplinary Board Fund may be used for the Optometric

8 Education Scholarship Program administered by the Illinois

9 Student Assistance Commission pursuant to Section 65.70 of the

10 Higher Education Student Assistance Act.

11  (b) Moneys in the Fund may be transferred to the

12 Professions Indirect Cost Fund as authorized under Section

13 2105-300 of the Department of Professional Regulation Law of

14 the Civil Administrative Code of Illinois (20 ILCS

15 2105/2105-300).

16  (c) Money in the Optometric Licensing and Disciplinary

17 Board Fund may be invested and reinvested, with all earnings

18 received from such investment to be deposited into in the

19 Optometric Licensing and Disciplinary Board Fund and used for

20 the same purposes as fees deposited into in such fund.

21 (Source: P.A. 99-909, eff. 1-1-17.)

22  (225 ILCS 80/22) (from Ch. 111, par. 3922)

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

24  Sec. 22. Advertising.

25  (a) Any person licensed under this Act may advertise the
    HB5387 Enrolled         - 240 - LRB104 18003 AAS 31440 b

1 availability of professional services in the public media or

2 on the premises where such professional services are rendered

3 provided that such advertising is truthful and not misleading

4 and is in conformity with rules promulgated by the Department.

5   (b) It is unlawful for any person licensed under this Act

6 to use claims of superior quality of care to entice the public.

7 (Source: P.A. 99-43, eff. 1-1-16.)

8   (225 ILCS 80/24) (from Ch. 111, par. 3924)

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

10  Sec. 24. Grounds for disciplinary action.

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

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

13 disciplinary or non-disciplinary action as the Department may

14 deem appropriate, including fines not to exceed $10,000 for

15 each violation, with regard to any license for any one or

16 combination of the causes set forth in subsection (a-3) of

17 this Section. All fines collected under this Section shall be

18 deposited into in the Optometric Licensing and Disciplinary

19 Board Fund. Any fine imposed shall be payable within 60 days

20 after the effective date of the order imposing the fine.

21  (a-3) Grounds for disciplinary action include the

22 following:

23  (1) Violations of this Act, or of the rules

24  promulgated hereunder.

25  (2) Conviction of or entry of a plea of guilty to any
    HB5387 Enrolled       - 241 - LRB104 18003 AAS 31440 b

1   crime under the laws of any U.S. jurisdiction thereof that

2   is a felony or that is a misdemeanor of which an essential

3   element is dishonesty, or any crime that is directly

4   related to the practice of the profession.

5   (3) Making any misrepresentation for the purpose of

6   obtaining a license.

7   (4) Professional incompetence or gross negligence in

8   the practice of optometry.

9   (5) Gross malpractice, prima facie evidence of which

10  may be a conviction or judgment of malpractice in any

11  court of competent jurisdiction.

12  (6) Aiding or assisting another person in violating

13  any provision of this Act or rules.

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

15  response to a written request made by the Department that

16  has been sent by certified or registered mail to the

17  licensee's last known address.

18  (8) Engaging in dishonorable, unethical, or

19  unprofessional conduct of a character likely to deceive,

20  defraud, or harm the public.

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

22  narcotics, stimulants or any other chemical agent or drug

23  that results in the inability to practice with reasonable

24  judgment, skill, or safety.

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

26  foreign nation, if at least one of the grounds for the
    HB5387 Enrolled          - 242 - LRB104 18003 AAS 31440 b

1   discipline is the same or substantially equivalent to

2   those set forth herein.

3   (11) Violation of the prohibition against fee

4   splitting in Section 24.2 of this Act.

5   (12) A finding by the Department that the licensee,

6   after having the licensee's his or her license placed on

7   probationary status has violated the terms of probation.

8   (13) Abandonment of a patient.

9   (14) Willfully making or filing false records or

10  reports in the licensee's his or her practice, including,

11  but not limited to, false records filed with State

12  agencies or departments.

13  (15) Willfully failing to report an instance of

14  suspected abuse or neglect as required by law.

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

16  deterioration through the aging process, or loss of motor

17  skill, mental illness, or disability that results in the

18  inability to practice the profession with reasonable

19  judgment, skill, or safety.

20  (17) Solicitation of professional services other than

21  permitted advertising.

22  (18) Failure to provide a patient with a copy of the

23  patient's his or her record or prescription in accordance

24  with federal law.

25  (19) Conviction by any court of competent

26  jurisdiction, either within or without this State, of any
    HB5387 Enrolled       - 243 - LRB104 18003 AAS 31440 b

1   violation of any law governing the practice of optometry,

2   conviction in this or another State of any crime that is a

3   felony under the laws of this State or conviction of a

4   felony in a federal court, if the Department determines,

5   after investigation, that such person has not been

6   sufficiently rehabilitated to warrant the public trust.

7   (20) A finding that licensure has been applied for or

8   obtained by fraudulent means.

9   (21) Continued practice by a person knowingly having

10  an infectious or contagious disease.

11  (22) Being named as a perpetrator in an indicated

12  report by the Department of Children and Family Services

13  under the Abused and Neglected Child Reporting Act, and

14  upon proof by clear and convincing evidence that the

15  licensee has caused a child to be an abused child or a

16  neglected child as defined in the Abused and Neglected

17  Child Reporting Act.

18  (23) Practicing or attempting to practice under a name

19  other than the full name as shown on the licensee's his or

20  her license.

21  (24) Immoral conduct in the commission of any act,

22  such as sexual abuse, sexual misconduct or sexual

23  exploitation, related to the licensee's practice.

24  (25) Maintaining a professional relationship with any

25  person, firm, or corporation when the optometrist knows,

26  or should know, that such person, firm, or corporation is
    HB5387 Enrolled        - 244 - LRB104 18003 AAS 31440 b

1   violating this Act.

2   (26) Promotion of the sale of drugs, devices,

3   appliances or goods provided for a client or patient in

4   such manner as to exploit the patient or client for

5   financial gain of the licensee.

6   (27) Using the title "Doctor" or its abbreviation

7   without further qualifying that title or abbreviation with

8   the word "optometry" or "optometrist".

9   (28) Use by a licensed optometrist of the word

10  "infirmary", "hospital", "school", "university", in

11  English or any other language, in connection with the

12  place where optometry may be practiced or demonstrated

13  unless the licensee is employed by and practicing at a

14  location that is licensed as a hospital or accredited as a

15  school or university.

16  (29) Continuance of an optometrist in the employ of

17  any person, firm or corporation, or as an assistant to any

18  optometrist or optometrists, directly or indirectly, after

19  the optometrist's his or her employer or superior has been

20  found guilty of violating or has been enjoined from

21  violating the laws of the State of Illinois relating to

22  the practice of optometry, when the employer or superior

23  persists in that violation.

24  (30) The performance of optometric service in

25  conjunction with a scheme or plan with another person,

26  firm or corporation known to be advertising in a manner
    HB5387 Enrolled  - 245 - LRB104 18003 AAS 31440 b

1   contrary to this Act or otherwise violating the laws of

2   the State of Illinois concerning the practice of

3   optometry.

4   (31) Failure to provide satisfactory proof of having

5   participated in approved continuing education programs as

6   determined by the Board and approved by the Secretary.

7   Exceptions for extreme hardships are to be defined by the

8   rules of the Department.

9   (32) Willfully making or filing false records or

10  reports in the practice of optometry, including, but not

11  limited to, false records to support claims against the

12  medical assistance program of the Department of Healthcare

13  and Family Services (formerly Department of Public Aid)

14  under the Illinois Public Aid Code.

15  (33) Gross and willful overcharging for professional

16  services including filing false statements for collection

17  of fees for which services are not rendered, including,

18  but not limited to, filing false statements for collection

19  of 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.

23  (34) In the absence of good reasons to the contrary,

24  failure to perform a minimum eye examination as required

25  by the rules of the Department.

26  (35) Violation of the Health Care Worker Self-Referral
   HB5387 Enrolled    - 246 - LRB104 18003 AAS 31440 b

1  Act.

2  The Department shall refuse to issue or shall suspend the

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

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

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

6 by any tax Act administered by the Illinois Department of

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

8 Act are satisfied.

9  (a-5) In enforcing this Section, the Board or Department,

10 upon a showing of a possible violation, may compel any

11 individual licensed to practice under this Act, or who has

12 applied for licensure or certification pursuant to this Act,

13 to submit to a mental or physical examination, or both, as

14 required by and at the expense of the Department. The

15 examining physicians or clinical psychologists shall be those

16 specifically designated by the Department. The Board or the

17 Department may order the examining physician or clinical

18 psychologist to present testimony concerning this mental or

19 physical examination of the licensee or applicant. No

20 information shall be excluded by reason of any common law or

21 statutory privilege relating to communications between the

22 licensee or applicant and the examining physician or clinical

23 psychologist. Eye examinations may be provided by a licensed

24 optometrist. The individual to be examined may have, at the

25 individual's his or her own expense, another physician of the

26 individual's his or her choice present during all aspects of
    HB5387 Enrolled  - 247 - LRB104 18003 AAS 31440 b

1 the examination. Failure of any individual to submit to a

2 mental or physical examination, when directed, shall be

3 grounds for suspension of a license until such time as the

4 individual submits to the examination if the Board or

5 Department finds, after notice and hearing, that the refusal

6 to submit to the examination was without reasonable cause.

7   If the Board or Department finds an individual unable to

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

9 Board or Department shall require such individual to submit to

10 care, counseling, or treatment by physicians or clinical

11 psychologists approved or designated by the Department, as a

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

13 renewed licensure to practice, or in lieu of care, counseling,

14 or treatment, the Board may recommend to the Department to

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

16 discipline the license of the individual, or the Board may

17 recommend to the Department to file a complaint to suspend,

18 revoke, or otherwise discipline the license of the individual.

19 Any individual whose license was granted pursuant to this Act,

20 or continued, reinstated, renewed, disciplined, or supervised,

21 subject to such conditions, terms, or restrictions, who shall

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

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

24 whether the individual shall have the individual's his or her

25 license suspended immediately, pending a hearing by the Board.

26  (b) The determination by a circuit court that a licensee
    HB5387 Enrolled     - 248 - LRB104 18003 AAS 31440 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 a finding by a court that the patient is no
 5 longer subject to involuntary admission or judicial admission
 6 and issues an order so finding and discharging the patient;
 7 and upon the recommendation of the Board to the Secretary that
 8 the licensee be allowed to resume the licensee's his or her
 9 practice.
10 (Source: P.A. 99-43, eff. 1-1-16; 99-909, eff. 1-1-17.)

11  (225 ILCS 80/24.2)

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

13  Sec. 24.2. Prohibition against fee splitting.

14  (a) A licensee under this Act may not directly or

15 indirectly divide, share or split any professional fee or

16 other form of compensation for professional services with

17 anyone in exchange for a referral or otherwise, other than as

18 provided in this Section 24.2.

19  (b) Nothing contained in this Section abrogates the right

20 of 2 or more licensed health care workers as defined in the

21 Health Care Worker Self-referral Act to each receive adequate

22 compensation for concurrently rendering services to a patient

23 and to divide the fee for such service, whether or not the

24 worker is employed, provided that the patient has full

25 knowledge of the division and the division is made in
    HB5387 Enrolled  - 249 - LRB104 18003 AAS 31440 b

1 proportion to the actual services personally performed and

2 responsibility assumed by each licensee consistent with the

3 licensee's his or her license, except as prohibited by law.

4   (c) Nothing contained in this Section prohibits a licensee

5 under this Act from practicing optometry through or within any

6 form of legal entity authorized to conduct business in this

7 State or from pooling, sharing, dividing, or apportioning the

8 professional fees and other revenues in accordance with the

9 agreements and policies of the entity provided:

10  (1) each owner of the entity is licensed under this

11  Act;

12  (2) the entity is organized under the Professional

13  Services Corporation Act or the Professional Association

14  Act;

15  (3) the entity is (i) a licensed hospital or hospital

16  affiliate or (ii) a licensed ambulatory surgical treatment

17  center owned in full or in part by Illinois-licensed

18  physicians or optometrists; or

19  (4) the entity is a combination or joint venture of

20  the entities authorized under this subsection (c).

21  (d) Nothing contained in this Section prohibits a licensee

22 under this Act from paying a fair market value fee to any

23 person or entity whose purpose is to perform billing,

24 administrative preparation, or collection services based upon

25 a percentage of professional service fees billed or collected,

26 a flat fee, or any other arrangement that directly or
    HB5387 Enrolled  - 250 - LRB104 18003 AAS 31440 b

1 indirectly divides professional fees, for the administrative

2 preparation of the licensee's claims or the collection of the

3 licensee's charges for professional services, provided that:

4   (i) the licensee or the licensee's practice under

5   subsection (c) at all times controls the amount of fees

6   charged and collected; and

7   (ii) all charges collected are paid directly to the

8   licensee or the licensee's practice or are deposited

9   directly into an account in the name of and under the sole

10  control of the licensee or the licensee's practice or

11  deposited into a "Trust Account" by a licensed collection

12  agency in accordance with the requirements of Section 8(c)

13  of the Illinois Collection Agency Act.

14  (e) Nothing contained in this Section prohibits the

15 granting of a security interest in the accounts receivable or

16 fees of a licensee under this Act or the licensee's practice

17 for bona fide advances made to the licensee or licensee's

18 practice provided the licensee retains control and

19 responsibility for the collection of the accounts receivable

20 and fees.

21  (f) Excluding payments that may be made to the owners of or

22 licensees in the licensee's practice under subsection (c), a

23 licensee under this Act may not divide, share or split a

24 professional service fee with, or otherwise directly or

25 indirectly pay a percentage of the licensee's professional

26 service fees, revenues or profits to anyone for: (i) the
    HB5387 Enrolled  - 251 - LRB104 18003 AAS 31440 b

1 marketing or management of the licensee's practice, (ii)

2 including the licensee or the licensee's practice on any

3 preferred provider list, (iii) allowing the licensee to

4 participate in any network of health care providers, (iv)

5 negotiating fees, charges or terms of service or payment on

6 behalf of the licensee, or (v) including the licensee in a

7 program whereby patients or beneficiaries are provided an

8 incentive to use the services of the licensee.

9   (g) Nothing contained in this Section prohibits the

10 payment of rent or other remunerations paid to an individual,

11 partnership, or corporation by a licensee for the lease,

12 rental, or use of space, owned or controlled by the

13 individual, partnership, corporation, or association.

14  (h) Nothing contained in this Section prohibits the

15 payment, at no more than fair market value, to an individual,

16 partnership, or corporation by a licensee for the use of

17 staff, administrative services, franchise agreements,

18 marketing required by franchise agreements, or equipment owned

19 or controlled by the individual, partnership, or corporation,

20 or the receipt thereof by a licensee.

21 (Source: P.A. 96-608, eff. 8-24-09; 97-563, eff. 8-25-11.)

22  (225 ILCS 80/25) (from Ch. 111, par. 3925)

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

24  Sec. 25. Returned checks; fines.

25  (a) Any person who delivers a check or other payment to the
    HB5387 Enrolled  - 252 - LRB104 18003 AAS 31440 b

1 Department that is returned to the Department unpaid by the

2 financial institution upon which it is drawn shall pay to the

3 Department, in addition to the amount already owed to the

4 Department, a fine of $50. The fines imposed by this Section

5 are in addition to any other discipline provided under this

6 Act for unlicensed practice or practice on a nonrenewed

7 license.

8   (b) The Department shall notify the person that payment of

9 fees and fines shall be paid to the Department by certified

10 check or money order within 30 calendar days of the

11 notification. If, after the expiration of 30 days from the

12 date of the notification, the person has failed to submit the

13 necessary remittance, the Department shall automatically

14 terminate the license or deny the application, without

15 hearing.

16  (c) If, after termination or denial, the person seeks a

17 license, the person he or she shall apply to the Department for

18 restoration or issuance of the license and pay all fees and

19 fines due to the Department. The Department may establish a

20 fee for the processing of an application for restoration of a

21 license to pay all expenses of processing this application.

22  (d) The Secretary may waive the fines due under this

23 Section in individual cases where the Secretary finds that the

24 fines would be unreasonable or unnecessarily burdensome.

25 (Source: P.A. 94-787, eff. 5-19-06.)
    HB5387 Enrolled  - 253 - LRB104 18003 AAS 31440 b

1   (225 ILCS 80/26.1) (from Ch. 111, par. 3926.1)

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

3   Sec. 26.1. Injunctions; criminal offenses; cease and

4 desist orders.

5   (a) If any person violates the provision of this Act, the

6 Secretary may, in the name of the People of the State of

7 Illinois, through the Attorney General of the State of

8 Illinois, or the State's Attorney of any county in which the

9 action is brought, petition for an order enjoining such

10 violation or for an order enforcing compliance with this Act.

11 Upon the filing of a verified petition in court, the court may

12 issue a temporary restraining order, without notice or bond,

13 and may preliminarily and permanently enjoin such violation,

14 and if it is established that such person has violated or is

15 violating the injunction, the Court may punish the offender

16 for contempt of court. Proceedings under this Section shall be

17 in addition to, and not in lieu of, all other remedies and

18 penalties provided by this Act.

19  (b) If any person shall practice as an optometrist or hold

20 oneself himself or herself out as an optometrist without being

21 licensed under the provisions of this Act then any licensed

22 optometrist, any interested party or any person injured

23 thereby may, in addition to the Secretary, petition for relief

24 as provided in subsection (a) of this Section.

25  Whoever knowingly practices or offers to practice

26 optometry in this State without being licensed for that
    HB5387 Enrolled  - 254 - LRB104 18003 AAS 31440 b

1 purpose shall be guilty of a Class A misdemeanor and for each

2 subsequent conviction, shall be guilty of a Class 4 felony.

3 Notwithstanding any other provision of this Act, all criminal

4 fines, monies, or other property collected or received by the

5 Department under this Section or any other State or federal

6 statute, including, but not limited to, property forfeited to

7 the Department under Section 505 of the Illinois Controlled

8 Substances Act or Section 85 of the Methamphetamine Control

9 and Community Protection Act, shall be deposited into the

10 Optometric Licensing and Disciplinary Board Fund.

11  (c) Whenever in the opinion of the Department any person

12 violates any provision of this Act, the Department may issue a

13 rule to show cause why an order to cease and desist should not

14 be entered against him. The rule shall clearly set forth the

15 grounds relied upon by the Department and shall provide a

16 period of 7 days from the date of the rule to file an answer to

17 the satisfaction of the Department. Failure to answer to the

18 satisfaction of the Department shall cause an order to cease

19 and desist to be issued forthwith.

20 (Source: P.A. 94-556, eff. 9-11-05; 94-787, eff. 5-19-06.)

21  (225 ILCS 80/26.2) (from Ch. 111, par. 3926.2)

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

23  Sec. 26.2. Investigation; notice. The Department may

24 investigate the actions of any applicant or of any person or

25 persons holding or claiming to hold a license. The Department
HB5387 Enrolled  - 255 - LRB104 18003 AAS 31440 b

 1 shall, before suspending, revoking, placing on probationary
 2 status, or taking any other disciplinary action as the
 3 Department may deem proper with regard to any license, at
 4 least 30 days prior to the date set for the hearing, notify the
 5 accused in writing of any charges made and the time and place
 6 for a hearing of the charges before the Board, direct the
 7 accused him or her to file the accused's his or her written
 8 answer to the Board under oath within 20 days after the service
 9 on the accused him or her of the notice and inform the accused
10 him or her that if the accused he or she fails to file an
11 answer default will be taken against the accused him or her and
12 the accused's his or her license may be suspended, revoked,
13 placed on probationary status, or have other disciplinary
14 action, including limiting the scope, nature or extent of the
15 accused's his or her practice, as the Department may deem
16 proper taken with regard thereto. The written notice and any
17 notice in the subsequent proceeding may be served by personal
18 delivery or by regular or certified mail to the applicant's or
19 licensee's address of record. In case the person fails to file
20 an answer after receiving notice, the person's his or her
21 license may, in the discretion of the Department, be
22 suspended, revoked, or placed on probationary status, or the
23 Department may take whatever disciplinary action deemed
24 proper, including limiting the scope, nature, or extent of the
25 person's practice or the imposition of a fine, without a
26 hearing, if the act or acts charged constitute sufficient
    HB5387 Enrolled  - 256 - LRB104 18003 AAS 31440 b

 1 grounds for such action under this Act. At the time and place
 2 fixed in the notice, the Department shall proceed to hear the
 3 charges and the parties or their counsel shall be accorded
 4 ample opportunity to present such statements, testimony,
 5 evidence and argument as may be pertinent to the charges or to
 6 their defense. The Department may continue the hearing from
 7 time to time. At the discretion of the Secretary after having
 8 first received the recommendation of the Board, the accused
 9 person's license may be suspended, revoked, placed on
10 probationary status, or whatever disciplinary action as the
11 Secretary may deem proper, including limiting the scope,
12 nature, or extent of said person's practice, without a
13 hearing, if the act or acts charged constitute sufficient
14 grounds for such action under this Act.
15 (Source: P.A. 99-909, eff. 1-1-17.)

16  (225 ILCS 80/26.7) (from Ch. 111, par. 3926.7)

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

18  Sec. 26.7. Hearing officer. Notwithstanding the provisions

19 of Section 26.6 of this Act, the Secretary shall have the

20 authority to appoint any attorney duly licensed to practice

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

22 any action for discipline of a license. The hearing officer

23 shall have full authority to conduct the hearing. The Board

24 shall have the right to have at least one member present at any

25 hearing conducted by such hearing officer. The hearing officer
    HB5387 Enrolled            - 257 - LRB104 18003 AAS 31440 b

 1 shall report the hearing officer's his or her findings of
 2 fact, conclusions of law and recommendations to the Board and
 3 the Secretary. The Board shall review the report of the
 4 hearing officer and present its findings of fact, conclusions
 5 of law and recommendations to the Secretary. If the Secretary
 6 disagrees in any regard with the report of the Board or hearing
 7 officer, the Secretary he or she may issue an order in
 8 contravention thereof. The Secretary shall specify with
 9 particularity the reasons for such action in the final order.
10 (Source: P.A. 99-909, eff. 1-1-17.)

11  (225 ILCS 80/26.13) (from Ch. 111, par. 3926.13)

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

13  Sec. 26.13. Temporary suspension. The Secretary may

14 temporarily suspend the license of an optometrist without a

15 hearing, simultaneously with the institution of proceedings

16 for a hearing provided for in Section 26.2 of this Act, if the

17 Secretary finds that evidence in the Secretary's his or her

18 possession indicates that continuation in practice would

19 constitute an imminent danger to the public. In the event that

20 the Secretary suspends, temporarily, this license without a

21 hearing, a hearing by the Department must be held within 30

22 days after such suspension has occurred, and be concluded

23 without appreciable delay.

24 (Source: P.A. 94-787, eff. 5-19-06.)
    HB5387 Enrolled  - 258 - LRB104 18003 AAS 31440 b

1   (225 ILCS 80/26.14) (from Ch. 111, par. 3926.14)

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

3   Sec. 26.14. Administrative Review Law; venue.

4   (a) All final administrative decisions of the Department

5 are subject to judicial review pursuant to the provisions of

6 the "Administrative Review Law", as amended, and all rules are

7 adopted pursuant thereto. The term "administrative decision"

8 is defined as in Section 3-101 of the Code of Civil Procedure.

9   (b) Proceedings for judicial review shall be commenced in

10 the circuit court of the county in which the party applying for

11 review resides; but if the party is not a resident of this

12 State, venue shall be Sangamon County.

13 (Source: P.A. 97-333, eff. 8-12-11.)

14  Section 35. The Illinois Physical Therapy Act is amended

15 by changing Section 2 as follows:

16  (225 ILCS 90/2) (from Ch. 111, par. 4252)

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

18  Sec. 2. Licensure requirement; exempt activities. No

19 person shall after the date of August 31, 1965 begin to

20 practice physical therapy in this State or hold oneself out as

21 being able to practice this profession, unless the person is

22 licensed as such in accordance with the provisions of this

23 Act. After July 1, 1991 (the effective date of Public Act

24 86-1396), no person shall practice or hold oneself out as a
    HB5387 Enrolled  - 259 - LRB104 18003 AAS 31440 b

1 physical therapist assistant unless the person is licensed as

2 such under this Act. A physical therapist shall use the

3 initials "PT" in connection with the physical therapist's name

4 to denote licensure under this Act, and a physical therapist

5 assistant shall use the initials "PTA" in connection with the

6 physical therapist assistant's name to denote licensure under

7 this Act.

8   This Act does not prohibit:

9   (1) Any person licensed in this State under any other

10  Act from engaging in the practice for which the person is

11  licensed.

12  (2) The practice of physical therapy by those persons,

13  practicing under the supervision of a licensed physical

14  therapist and who have met all of the qualifications as

15  provided in Sections 8 and 7, 8.1, and 9 of this Act, until

16  the next examination is given for physical therapists or

17  physical therapist assistants and the results have been

18  received by the Department and the Department has

19  determined the applicant's eligibility for a license.

20  Anyone failing to pass said examination shall not again

21  practice physical therapy until such time as an

22  examination has been successfully passed by such person.

23  (3) The practice of physical therapy for a period not

24  exceeding 6 months by a person who is in this State on a

25  temporary basis to assist in a case of medical emergency

26  or to engage in a special physical therapy project, and
    HB5387 Enrolled  - 260 - LRB104 18003 AAS 31440 b

1   who meets the qualifications for a physical therapist as

2   set forth in Sections 7 and 8 of this Act and is licensed

3   in another state as a physical therapist.

4   (4) Practice of physical therapy by qualified persons

5   who have filed for endorsement for no longer than one year

6   or until such time that notification of licensure has been

7   granted or denied, whichever period of time is lesser.

8   (5) One or more licensed physical therapists from

9   forming a professional service corporation under the

10  provisions of the Professional Service Corporation Act and

11  licensing such corporation for the practice of physical

12  therapy.

13  (6) Physical therapy aides from performing patient

14  care activities under the on-site supervision of a

15  licensed physical therapist or licensed physical therapist

16  assistant. These patient care activities shall not include

17  interpretation of referrals, evaluation procedures, the

18  planning of or major modifications of, patient programs.

19  (7) Physical therapist assistants from performing

20  patient care activities under the general supervision of a

21  licensed physical therapist. The physical therapist must

22  maintain continual contact with the physical therapist

23  assistant including periodic personal supervision and

24  instruction to ensure the safety and welfare of the

25  patient.

26  (8) The practice of physical therapy by a physical
    HB5387 Enrolled           - 261 - LRB104 18003 AAS 31440 b

1   therapy student or a physical therapist assistant student

2   under the on-site supervision of a licensed physical

3   therapist. The physical therapist shall be readily

4   available for direct supervision and instruction to ensure

5   the safety and welfare of the patient.

6   (9) The practice of physical therapy as part of an

7   educational program by a physical therapist licensed in

8   another state or country for a period not to exceed 6

9   months.

10  (10) (Blank).

11 (Source: P.A. 104-154, eff. 1-1-26; 104-417, eff. 8-15-25.)

12  Section 40. The Boxing and Full-contact Martial Arts Act

13 is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,

14 14, 15, 16, 17.7, 17.8, 18, 19, 19.1, 23, 23.1, 24, and 25.1 as

15 follows:

16  (225 ILCS 105/1) (from Ch. 111, par. 5001)

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

18  Sec. 1. Short title and definitions.

19  (a) This Act may be cited as the Boxing and Full-contact

20 Martial Arts Act.

21  (b) As used in this Act:

22  "Department" means the Department of Financial and

23  Professional Regulation.

24  "Secretary" means the Secretary of Financial and
    HB5387 Enrolled  - 262 - LRB104 18003 AAS 31440 b

1   Professional Regulation or a person authorized by the

2   Secretary to act in the Secretary's stead.

3   "Board" means the State of Illinois Athletic Board.

4   "License" means the license issued for promoters,

5   professional     contestants,        amateur     contestants

6   professionals, amateurs, or professional or amateur

7   officials in accordance with this Act.

8   "Contest" means a boxing or full-contact martial arts

9   competition in which contestants compete against each

10  other in matched bouts all of the participants competing

11  against one another are professionals or amateurs and

12  where the public is able to attend or a fee is charged to

13  attend.

14  "Permit" means the authorization from the Department

15  to a promoter to conduct a contest professional or amateur

16  contests, or a combination of both.

17  "Professional promoter Promoter" means a person who is

18  licensed and who holds a permit to conduct professional or

19  amateur contests, or a combination of both.

20  "Amateur promoter" means a person who is licensed and

21  who holds a permit to conduct amateur contests.

22  Unless the context indicates otherwise, "person"

23  includes, but is not limited to, an individual,

24  association, organization, business entity, gymnasium, or

25  club.

26  "Judge" means a person licensed by the Department who
    HB5387 Enrolled       - 263 - LRB104 18003 AAS 31440 b

1   is located at ringside or adjacent to the fighting area

2   during a contest and who has the responsibility of scoring

3   the performance of the contestants participants in that

4   professional or amateur contest.

5   "Referee" means a person licensed by the Department

6   who has the general supervision of and is present inside

7   of the ring or fighting area during a professional or

8   amateur contest.

9   "Amateur contest" means a contest where only amateur

10  contestants are permitted to compete.

11  "Amateur contestant" means a contestant person

12  licensed by the Department who is not competing for, and

13  has never received or competed for, any purse or other

14  article of value, directly or indirectly, either for

15  participating in any contest or for the expenses of

16  training therefor, other than a non-monetary prize that

17  does not exceed $50 in value.

18  "Amateur official" means a referee or judge who is

19  licensed by the Department to participate as an official

20  in amateur contests.

21  "Professional contestant" means a contestant person

22  licensed by the Department who competes for a money prize,

23  purse, or other type of compensation in a professional

24  contest held in Illinois.

25  "Professional official" means a person who is in the

26  role of a second, referee, matchmaker, timekeeper, or
    HB5387 Enrolled        - 264 - LRB104 18003 AAS 31440 b

1   judge who is licensed by the Department and permitted to

2   participate as an official in any type of contest.

3   "Professional contest" means a contest where only

4   professional contestants are permitted to compete or a

5   contest where both professional contestants and amateur

6   contestants are permitted to compete.

7   "Second" means a person licensed by the Department who

8   is present at any professional or amateur contest to

9   provide assistance or advice to contestants a professional

10  during the contest.

11  "Matchmaker" means a person licensed by the Department

12  who arranges professional or amateur contestants by record

13  and skill level for bouts and submits those matches to the

14  Department for consideration brings together professionals

15  or amateurs to compete in contests.

16  "Manager" means a person licensed by the Department

17  who is not a promoter and who, under contract, agreement,

18  or other arrangement, undertakes to, directly or

19  indirectly, control or administer the affairs of

20  contestants.

21  "Timekeeper" means a person licensed by the Department

22  who is the official timer of the length of rounds and the

23  intervals between the rounds.

24  "Purse" means the financial guarantee or any other

25  remuneration for which contestants are participating in a

26  professional contest.
    HB5387 Enrolled  - 265 - LRB104 18003 AAS 31440 b

1   "Physician" means a person licensed to practice

2   medicine in all its branches under the Medical Practice

3   Act of 1987.

4   "Martial arts" means a discipline or combination of

5   different disciplines that utilizes sparring techniques

6   without the intent to injure, disable, or incapacitate

7   one's opponent, such as, but not limited to, Karate, Kung

8   Fu, Jujutsu, and Tae Kwon Do.

9   "Full-contact martial arts" means the use of a

10  singular discipline or a combination of techniques from

11  different disciplines of the martial arts, including,

12  without limitation, full-force grappling, kicking, and

13  striking with the intent to injure, disable, or

14  incapacitate one's opponent.

15  "Contestant" means a person who competes in either a

16  boxing or full-contact martial arts contest.

17  "Address of record" means the designated address

18  recorded by the Department in the applicant's or

19  licensee's application file or license file as maintained

20  by the Department's licensure maintenance unit.

21  "Bout" means one match between 2 contestants.

22  "Sanctioning body" means an organization approved by

23  the Department under the requirements and standards stated

24  in this Act and the rules adopted under this Act to act as

25  a governing body that sanctions professional or amateur

26  full-contact martial arts contests.
    HB5387 Enrolled  - 266 - LRB104 18003 AAS 31440 b

1   "Email address of record" means the designated email

2   address recorded by the Department in the applicant's

3   application file or the licensee's license file as

4   maintained by the Department's licensure maintenance unit.

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

6   (225 ILCS 105/2) (from Ch. 111, par. 5002)

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

8   Sec. 2. State of Illinois Athletic Board.

9   (a) The Secretary shall appoint members to the State of

10 Illinois Athletic Board. The Board shall consist of 7 members

11 who shall serve in an advisory capacity to the Secretary. One

12 member of the Board shall be a physician licensed to practice

13 medicine in all of its branches. One member of the Board shall

14 be a member of the full-contact martial arts community. One

15 member of the Board shall be a member of either the

16 full-contact martial arts community or the boxing community.

17  (b) Board members shall serve 5-year terms and until their

18 successors are appointed and qualified.

19  (c) In appointing members to the Board, the Secretary

20 shall give due consideration to recommendations by members and

21 organizations of the martial arts and boxing industry.

22  (d) The membership of the Board should reasonably reflect

23 representation from the geographic areas in this State.

24  (e) No member shall be appointed to the Board for a term

25 that would cause the member's his or her continuous service on
    HB5387 Enrolled      - 267 - LRB104 18003 AAS 31440 b

1 the Board to be longer than 2 consecutive 5-year terms.

2   (f) The Secretary may terminate the appointment of any

3 member for cause that in the opinion of the Secretary

4 reasonably justified such termination, which may include, but

5 is not limited to, a Board member who does not attend 2

6 consecutive meetings.

7   (g) Appointments to fill vacancies shall be made in the

8 same manner as original appointments, for the unexpired

9 portion of the vacated term.

10  (h) Four members of the Board shall constitute a quorum. A

11 quorum is required for Board decisions.

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

13 action based upon activity performed in good faith as members

14 of the Board.

15  (j) Members of the Board may be reimbursed for all

16 legitimate, necessary, and authorized expenses.

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

18  (225 ILCS 105/5) (from Ch. 111, par. 5005)

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

20  Sec. 5. Powers and duties of the Department. The

21 Department shall, subject to the provisions of this Act,

22 exercise the following functions, powers, and duties:

23  (1) Ascertain the qualifications and fitness of

24  applicants for licenses license and permits.

25  (2) Adopt rules required for the administration of
    HB5387 Enrolled          - 268 - LRB104 18003 AAS 31440 b

1   this Act.

2   (3) Conduct hearings on proceedings to refuse to

3   issue, renew, or restore licenses and revoke, suspend,

4   place on probation, or reprimand those licensed under the

5   provisions of this Act.

6   (4) Issue licenses to those who meet the

7   qualifications of this Act and its rules.

8   (5) Conduct investigations related to possible

9   violations of this Act.

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

11  (225 ILCS 105/6) (from Ch. 111, par. 5006)

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

13  Sec. 6. Restricted contests and events.

14  (a) All professional and amateur contests, or a

15 combination of both, in which physical contact is made are

16 prohibited in Illinois unless authorized by the Department

17 pursuant to the requirements and standards stated in this Act

18 and the rules adopted pursuant to this Act. This subsection

19 (a) does not apply to any of the following contests or

20 contestants:

21  (1) Amateur boxing or full-contact martial arts

22  contests conducted by accredited secondary schools,

23  colleges, or universities, although a fee may be charged.

24  (2) Amateur boxing contests that are sanctioned by USA

25  Boxing or any other sanctioning body organization approved
    HB5387 Enrolled           - 269 - LRB104 18003 AAS 31440 b

1   by the Department as determined by rule.

2           (3) Amateur boxing contests conducted by a State,

3   county, or municipal entity, including those events held

4   by any agency organized under these entities.

5           (4) Amateur martial arts contests that are not defined

6   as full-contact martial arts contests under this Act.

7           (5) Full-contact martial arts contests, as defined by

8   this Act, that are recognized by the International Olympic

9   Committee or are contested in the Olympic Games and are

10  not conducted in an enclosed fighting area or ring.

11  No other amateur boxing or full-contact martial arts

12 contests are shall be permitted unless authorized by the

13 Department.

14  (b) The Department shall have the authority to determine

15 whether a professional or amateur contest is exempt for

16 purposes of this Section.

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

18  (225 ILCS 105/7) (from Ch. 111, par. 5007)

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

20  Sec. 7. Authorization to conduct contests; sanctioning

21 bodies.

22  (a) In order to conduct a professional contest, an amateur

23 contest, or a combination of both, in this State, a promoter

24 shall obtain a permit issued by the Department in accordance

25 with this Act and the rules and regulations adopted pursuant
    HB5387 Enrolled  - 270 - LRB104 18003 AAS 31440 b

1 thereto. This permit shall authorize one or more professional

2 or amateur contests, or a combination of both.

3   (b) Pursuant to rules adopted by the Department Before

4 January 1, 2023, amateur boxing full-contact martial arts

5 contests must have a permit issued by the Department be

6 registered and be sanctioned by a sanctioning body approved by

7 the Department for that purpose under the requirements and

8 standards stated in this Act and the rules adopted under this

9 Act.

10  (c) A On and after January 1, 2023, a promoter for an

11 amateur full-contact martial arts contest shall obtain a

12 permit issued by the Department under the requirements and

13 standards set forth in this Act and the rules adopted under

14 this Act.

15  (d) The On and after January 1, 2023, the Department shall

16 not approve any sanctioning body for amateur full-contact

17 martial arts contests. A sanctioning body's approval by the

18 Department for amateur full-contact martial arts contests that

19 was received before the effective date of this amendatory Act

20 of the 104th General Assembly before January 1, 2023 is

21 withdrawn on January 1, 2023.

22  (e) A permit issued under this Act is not transferable.

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

24  (225 ILCS 105/8) (from Ch. 111, par. 5008)

25  (Section scheduled to be repealed on January 1, 2027)
    HB5387 Enrolled       - 271 - LRB104 18003 AAS 31440 b

1   Sec. 8. Permits.

2   (a) A promoter who desires to obtain a permit to conduct a

3 professional or amateur contest, or a combination of both,

4 shall apply to the Department at least 30 calendar days prior

5 to the event, in writing or electronically, on forms

6 prescribed by the Department. The application shall be

7 accompanied by the required fee and shall contain, but not be

8 limited to, the following information to be submitted at times

9 specified by rule:

10  (1) the legal names and addresses of the promoter;

11  (2) the name of the matchmaker;

12  (3) the time and exact location of the professional or

13  amateur contest, or a combination of both. It is the

14  responsibility of the promoter to ensure that the building

15  to be used for the event complies with all laws,

16  ordinances, and regulations in the city, town, village, or

17  county where the contest is to be held;

18  (4) the signed and executed copy of the event venue

19  lease agreement; and

20  (5) the initial list of names of the professionals or

21  amateurs competing subject to Department approval.

22  (b) The Department may issue a permit to any promoter who

23 meets the requirements of this Act and the rules. The permit

24 shall only be issued for a specific date and location of a

25 professional or amateur contest, or a combination of both, and

26 shall not be transferable. The Department may allow a promoter
    HB5387 Enrolled  - 272 - LRB104 18003 AAS 31440 b

1 to amend a permit application to hold a professional or

2 amateur contest, or a combination of both, in a different

3 location other than the application specifies if all

4 requirements of this Section are met, waiving the 30-day

5 provision of subsection (a).

6   (c) The Department shall be responsible for assigning the

7 judges, timekeepers, referees, and physicians for a

8 professional contest, an amateur contest, or a combination of

9 both. The Department may, at its sole discretion, permit a

10 promoter to assign a physician to a contest. Compensation

11 shall be determined by the Department, and it shall be the

12 responsibility of the promoter to pay the individuals

13 utilized.

14  (d) The promoter shall submit the following documents to

15 the Department at times specified by rule:

16  (1) proof of adequate security measures, as determined

17  by rule, to ensure the protection of the safety of

18  contestants and the general public while attending

19  professional contests, amateur contests, or a combination

20  of both;

21  (2) proof of adequate medical supervision, as

22  determined by rule, to ensure the protection of the health

23  and safety of contestants professionals or amateurs while

24  participating in contests;

25  (3) the complete and final list of names of the

26  contestants professionals or amateurs competing, subject
    HB5387 Enrolled      - 273 - LRB104 18003 AAS 31440 b

1   to Department approval, which shall be submitted up to 48

2   hours prior to the event date specified in the permit;

3   (4) proof of insurance for not less than $50,000 as

4   further defined by rule for each contestant professional

5   or amateur participating in a professional or amateur

6   contest, or a combination of both; insurance required

7   under this paragraph shall cover: (i) hospital,

8   medication, physician, and other such expenses as would

9   accrue in the treatment of an injury as a result of the

10  professional or amateur contest; (ii) payment to the

11  estate of the contestant professional or amateur in the

12  event of the contestant's his or her death as a result of

13  the contestant's his or her participation in the

14  professional or amateur contest; and (iii) accidental

15  death and dismemberment; the terms of the insurance

16  coverage shall require the promoter, not the licensed

17  contestant, to pay the policy deductible for the medical,

18  surgical, or hospital care of a contestant for injuries a

19  contestant sustained while engaged in a contest; if a

20  licensed contestant pays for the medical, surgical, or

21  hospital care, the insurance proceeds shall be paid to the

22  contestant or the contestant's his or her beneficiaries as

23  reimbursement for such payment;

24  (5) the amount of the purses to be paid to the

25  professional contestant professionals for the event as

26  determined by rule;
    HB5387 Enrolled  - 274 - LRB104 18003 AAS 31440 b

1   (6) organizational or internationally accepted rules,

2   per discipline, for professional or amateur full-contact

3   martial arts contests if the Department does not provide

4   the rules for Department approval; and

5   (7) any other information the Department may require,

6   as determined by rule, to issue a permit.

7   (e) If the accuracy, relevance, or sufficiency of any

8 submitted documentation is questioned by the Department

9 because of lack of information, discrepancies, or conflicts in

10 information given or a need for clarification, the promoter

11 seeking a permit may be required to provide additional

12 information.

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

14  (225 ILCS 105/10) (from Ch. 111, par. 5010)

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

16  Sec. 10. Who must be licensed.

17  (a) In order to participate in contests the following

18 persons must each be licensed and in good standing with the

19 Department:

20  (1) professional contestants and amateur contestants;

21  (2) seconds for professional contests;

22  (3) referees for professional and amateur contests;

23  (4) judges for professional and amateur contests;

24  (5) managers for professional contests;

25  (6) matchmakers for professional contests; and
    HB5387 Enrolled  - 275 - LRB104 18003 AAS 31440 b

1   (7) timekeepers for professional contests.

2   Seconds, managers, matchmakers, and timekeepers

3 participating in amateur contests are not required to be

4 licensed. (a) professionals and amateurs, (b) seconds, (c)

5 referees, (d) judges, (e) managers, (f) matchmakers, and (g)

6 timekeepers.

7   (b) In order to hold a contest participate in professional

8 or amateur contests or a combination of both, promoters must

9 be licensed and in good standing with the Department.

10  (c) Announcers may participate in professional or amateur

11 contests, or a combination of both, without being licensed

12 under this Act. It shall be the responsibility of the promoter

13 to ensure that announcers comply with the Act, and all rules

14 and regulations promulgated pursuant to this Act.

15  (d) A licensed promoter may not act as, and cannot be

16 licensed as, a second, contestant professional, referee,

17 timekeeper, judge, or manager. If the promoter he or she is so

18 licensed, the promoter he or she must relinquish any of these

19 licenses to the Department for cancellation. A person

20 possessing a valid promoter's license may act as a matchmaker.

21  (e) (Blank). Participants in amateur full-contact martial

22 arts contests taking place before January 1, 2023 are not

23 required to obtain licenses by the Department, except for

24 promoters of amateur contests.

25 (Source: P.A. 102-20, eff. 1-1-22.)
    HB5387 Enrolled        - 276 - LRB104 18003 AAS 31440 b

1   (225 ILCS 105/11) (from Ch. 111, par. 5011)

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

3   Sec. 11. Qualifications for license. The Department shall

4 grant licenses to the following persons if the following

5 qualifications are met:

6   (1) An applicant for licensure as a professional or

7   amateur must: (1) be 18 years old, (2) be of good moral

8   character, (3) file an application stating the applicant's

9   legal name (and no assumed or ring name may be used unless

10  such name is registered with the Department along with the

11  applicant's legal name), date of birth, place of current

12  residence, and a sworn statement that the applicant he or

13  she is not currently in violation of any federal, State or

14  local laws or rules governing boxing or full-contact

15  martial arts, (4) file a certificate from a physician

16  licensed to practice medicine in all of its branches which

17  attests that the applicant is physically fit and qualified

18  to participate in professional or amateur contests, and

19  (5) pay the required fee and meet any other requirements

20  as determined by rule. Applicants over age 35 who have not

21  competed in a professional or amateur contest within the

22  12 months preceding their application for licensure or

23  have insufficient experience to participate in a

24  professional or amateur contest may be required to appear

25  before the Department to determine their fitness to

26  participate in a professional or amateur contest.
    HB5387 Enrolled  - 277 - LRB104 18003 AAS 31440 b

1   (2) An applicant for licensure as a referee, judge,

2   manager, second, matchmaker, or timekeeper must: (1) be of

3   good moral character, (2) file an application stating the

4   applicant's name, date of birth, and place of current

5   residence along with a certifying statement that the

6   applicant he or she is not currently in violation of any

7   federal, State, or local laws or rules governing boxing,

8   or full-contact martial arts, (3) have had satisfactory

9   experience in the applicant's his or her field as defined

10  by rule, (4) pay the required fee, and (5) meet any other

11  requirements as determined by rule.

12  (3) An applicant for licensure as a promoter must: (1)

13  be of good moral character, (2) file an application with

14  the Department stating the applicant's name, date of

15  birth, place of current residence along with a certifying

16  statement that the applicant he or she is not currently in

17  violation of any federal, State, or local laws or rules

18  governing boxing or full-contact martial arts, (3) pay the

19  required fee and meet any other requirements as

20  established by rule, and (4) in addition to the foregoing,

21  an applicant for licensure as a promoter of professional

22  or amateur contests or a combination of both professional

23  and amateur bouts in one contest shall also provide (i)

24  proof of a surety bond of no less than $5,000 to cover

25  financial obligations under this Act, payable to the

26  Department and conditioned for the payment of the tax
    HB5387 Enrolled         - 278 - LRB104 18003 AAS 31440 b

1   imposed by this Act and compliance with this Act, and the

2   rules adopted under this Act, and (ii) a $10,000

3   performance bond guaranteeing payment of all obligations

4   relating to the promotional activities payable to the

5   Department and conditioned for the payment of the tax

6   imposed by this Act and its rules.

7   (4) All applicants shall submit an application to the

8   Department, in writing or electronically, on forms

9   prescribed by the Department, containing such information

10  as determined by rule.

11  In determining good moral character, the Department may

12 take into consideration any violation of any of the provisions

13 of Section 16 of this Act as to referees, judges, managers,

14 matchmakers, timekeepers, or promoters and any felony

15 conviction of the applicant, but such a conviction shall not

16 operate as a bar to licensure. No license issued under this Act

17 is transferable.

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

19  (225 ILCS 105/12) (from Ch. 111, par. 5012)

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

21  Sec. 12. Contests Professional or amateur contests.

22  (a) A The professional or amateur contest, or a

23 combination of both, shall be held in an area where adequate

24 neurosurgical facilities are immediately available for skilled

25 emergency treatment of an injured contestant professional or
    HB5387 Enrolled  - 279 - LRB104 18003 AAS 31440 b

1 amateur.

2   (b) Each contestant professional or amateur shall be

3 examined before the contest and promptly after each bout by a

4 physician. The physician shall determine, prior to the

5 contest, if each contestant professional or amateur is

6 physically fit to compete in the contest. After the bout the

7 physician shall examine the contestant professional or amateur

8 to determine possible injury. If the contestant's

9 professional's or amateur's physical condition so indicates,

10 the physician shall recommend to the Department immediate

11 medical suspension. The physician or a licensed paramedic must

12 check the vital signs of all contestants as established by

13 rule.

14  (c) The physician may, at any time during the professional

15 or amateur bout, stop the professional or amateur bout to

16 examine a professional or amateur contestant and may direct

17 the referee to terminate the bout when, in the physician's

18 opinion, continuing the bout could result in serious injury to

19 the contestant professional or amateur. If the contestant's

20 professional's or amateur's physical condition so indicates,

21 the physician shall recommend to the Department immediate

22 medical suspension. The physician shall certify to the

23 condition of the contestant professional or amateur in

24 writing, over the physician's his or her signature on forms

25 prescribed by the Department. Such reports shall be submitted

26 to the Department in a timely manner.
    HB5387 Enrolled            - 280 - LRB104 18003 AAS 31440 b

1   (d) No professional or amateur contest, or a combination

2 of both, shall be allowed to begin or be held unless at least

3 one physician, at least one EMT and one paramedic, and one

4 ambulance have been contracted with solely for the care of

5 contestants professionals or amateurs who are competing as

6 defined by rule.

7   (e) No professional boxing bout shall be more than 12

8 rounds in length. The rounds shall not be more than 3 minutes

9 each with a minimum one-minute interval between them., and no

10  (e-5) No contestant professional boxer shall be permitted

11 allowed to participate in more than one contest within a 7-day

12 period determined by rule.

13  (e-10) The number and length of rounds for all other

14 full-contact martial arts bouts professional or amateur boxing

15 or full-contact martial arts contests, or a combination of

16 both, shall be determined by rule.

17  (f) The number and types of amateur or professional

18 officials required for each professional or amateur contest,

19 or a combination of both, shall be determined by the

20 Department based on how many bouts are to be held at the

21 contest rule.

22  (g) The Department or its representative shall have

23 discretion to declare a price, remuneration, or purse or any

24 part of it belonging to the professional withheld if in the

25 judgment of the Department or its representative the

26 professional is not honestly competing.
    HB5387 Enrolled  - 281 - LRB104 18003 AAS 31440 b

1   (h) The Department shall have the authority to prevent a

2 professional or amateur contest, or a combination of both,

3 from being held and shall have the authority to stop a

4 professional or amateur contest, or a combination of both, for

5 noncompliance with any part of this Act or rules or when, in

6 the judgment of the Department, or its representative,

7 continuation of the event would endanger the health, safety,

8 and welfare of the professionals or amateurs or spectators.

9 The Department's authority to stop a contest on the basis that

10 the professional or amateur contest, or a combination of both,

11 would endanger the health, safety, and welfare of the

12 professionals or amateurs or spectators shall extend to any

13 professional or amateur contest, or a combination of both,

14 regardless of whether that amateur contest is exempted from

15 the prohibition in Section 6 of this Act.

16  (i) A professional contestant shall only compete against

17 another professional contestant. An amateur contestant shall

18 only compete against another amateur contestant. A contest may

19 involve bouts between professional contestants and bouts

20 between amateur contestants, but a professional contestant

21 shall not compete against an amateur contestant.

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

23  (225 ILCS 105/14) (from Ch. 111, par. 5014)

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

25  Sec. 14. Failure to report ticket sales and tax. If the
    HB5387 Enrolled      - 282 - LRB104 18003 AAS 31440 b

1 permit holder fails to make a report as required by Section 13,

2 or if such report is unsatisfactory, the Department may

3 examine or cause to be examined the books and records of any

4 such holder or the holder's his associates or any other person

5 as a witness under oath to determine the total amount of tax

6 due under this Act.

7   If it is determined that there has been a default in the

8 payment of a tax, the promoter shall be given 20 days' days

9 notice of the amount due which shall include the expenses

10 incurred in making the examination.

11  If the promoter does not pay the amount due, the promoter

12 he shall be disqualified from obtaining a permit under this

13 Act and the Attorney General shall institute suit upon the

14 bond filed pursuant to this Act to recover the tax or penalties

15 imposed by this Act.

16 (Source: P.A. 91-408, eff. 1-1-00.)

17  (225 ILCS 105/15) (from Ch. 111, par. 5015)

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

19  Sec. 15. Inspectors. The Secretary may appoint inspectors

20 to assist the Department staff in the administration of the

21 Act. Each inspector appointed by the Secretary shall receive

22 compensation for each day the inspector he or she is engaged in

23 the transacting of business of the Department. The inspector

24 or inspectors shall supervise each professional contest,

25 amateur contest, or combination of both and, at the
    HB5387 Enrolled           - 283 - LRB104 18003 AAS 31440 b

1 Department's discretion, may supervise any contest to ensure
2 that the provisions of the Act are strictly enforced.
3 (Source: P.A. 102-20, eff. 1-1-22.)

4   (225 ILCS 105/16) (from Ch. 111, par. 5016)

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

6   Sec. 16. Discipline and sanctions.

7   (a) The Department may refuse to issue a permit or license

8 or refuse to renew, suspend, revoke, reprimand, place on

9 probation, or take such other disciplinary or non-disciplinary

10 action as the Department may deem proper, including the

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

12 with regard to any permit or license for one or any combination

13 of the following reasons:

14  (1) gambling, betting, or wagering on the result of or

15  a contingency connected with a professional or amateur

16  contest, or a combination of both, or permitting such

17  activity to take place;

18  (2) participating in or permitting a sham or fake

19  professional or amateur contest, or a combination of both;

20  (3) holding the professional or amateur contest, or a

21  combination of both, at any other time or place than is

22  stated on the permit application;

23  (4) permitting any contestant professional or amateur

24  other than those stated on the permit application to

25  participate in a professional or amateur contest, or a
    HB5387 Enrolled       - 284 - LRB104 18003 AAS 31440 b

1   combination of both, except as provided in Section 9;

2   (5) violation or aiding in the violation of any of the

3   provisions of this Act or any rules or regulations

4   promulgated thereto;

5   (6) violation of any federal, State, or local laws of

6   the United States or other jurisdiction governing

7   professional or amateur contests or any regulation

8   promulgated pursuant thereto;

9   (7) charging a greater rate or rates of admission than

10  is specified on the permit application;

11  (8) failure to obtain all the necessary permits or

12  licenses as required under this Act;

13  (9) failure to file the necessary bond or to pay the

14  gross receipts or broadcast tax as required by this Act;

15  (10) engaging in dishonorable, unethical or

16  unprofessional conduct of a character likely to deceive,

17  defraud or harm the public, or which is detrimental to

18  honestly conducted contests;

19  (11) employment of fraud, deception or any unlawful

20  means in applying for or securing a permit or license

21  under this Act;

22  (12) permitting a physician making the physical

23  examination to knowingly certify falsely to the physical

24  condition of a contestant professional or amateur;

25  (13) permitting professional professionals or amateur

26  contestants amateurs of widely disparate weights or
    HB5387 Enrolled         - 285 - LRB104 18003 AAS 31440 b

1   abilities to engage in professional or amateur contests,

2   respectively;

3   (14) participating in a contest while under medical

4   suspension in this State or in any other state, territory

5   or country;

6   (15) physical illness, including, but not limited to,

7   deterioration through the aging process, or loss of motor

8   skills which results in the inability to participate in

9   contests with reasonable judgment, skill, or safety;

10  (16) allowing one's license or permit issued under

11  this Act to be used by another person;

12  (17) failing, within 30 days a reasonable time, to

13  provide any information requested by the Department as a

14  result of a formal or informal complaint;

15  (18) professional incompetence;

16  (19) failure to file a return, or to pay the tax,

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

18  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

21  tax Act are satisfied;

22  (20) (blank);

23  (21) habitual or excessive use or addiction to

24  alcohol, narcotics, stimulants, or any other chemical

25  agent or drug that results in an inability to participate

26  in an event;
    HB5387 Enrolled     - 286 - LRB104 18003 AAS 31440 b

1   (22) failure to stop a professional or amateur

2   contest, or a combination of both, when requested to do so

3   by the Department;

4   (23) failure of a promoter to adequately supervise and

5   enforce this Act and its rules as applicable to amateur

6   contests, as set forth in rule; or

7   (24) a finding by the Department that the licensee,

8   after having his or her license placed on probationary

9   status, has violated the terms of probation.

10  (b) 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 licensee is no

15 longer subject to involuntary admission or judicial admission,

16 issuance of an order so finding and discharging the licensee.

17  (c) In enforcing this Section, the Department, upon a

18 showing of a possible violation, may compel any individual

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

20 licensure pursuant to this Act, to submit to a mental or

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

22 expense of the Department. The examining physicians or

23 clinical psychologists shall be those specifically designated

24 by the Department. The Department may order the examining

25 physician or clinical psychologist to present testimony

26 concerning this mental or physical examination of the licensee
    HB5387 Enrolled      - 287 - LRB104 18003 AAS 31440 b

1 or applicant. No information shall be excluded by reason of

2 any common law or statutory privilege relating to

3 communications between the licensee or applicant and the

4 examining physician or clinical psychologist. Eye examinations

5 may be provided by a physician licensed to practice medicine

6 in all of its branches or a licensed and certified therapeutic

7 optometrist. The individual to be examined may have, at the

8 individual's his or her own expense, another physician of the

9 individual's his or her choice present during all aspects of

10 the examination. Failure of any individual to submit to a

11 mental or physical examination, when directed, shall be

12 grounds for suspension or revocation of a license.

13  (d) A contestant who tests positive for a banned

14 substance, as defined by rule, shall have the contestant's his

15 or her license immediately suspended. The license shall be

16 subject to other discipline as authorized in this Section.

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

18  (225 ILCS 105/17.7)

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

20  Sec. 17.7. Restoration of license from discipline.

21  (a) At any time after the successful completion of a term

22 of indefinite probation, suspension, or revocation of a

23 license under this Act, the Department may restore the license

24 to the licensee unless, after an investigation and a hearing,

25 the Secretary determines that restoration is not in the public
    HB5387 Enrolled      - 288 - LRB104 18003 AAS 31440 b

1 interest.

2   (b) If circumstances of suspension or revocation so

3 indicate, the Department may require an examination of the

4 licensee prior to restoring the licensee's his or her license.

5   (c) No person whose license has been revoked as authorized

6 in this Act may apply for restoration of that license until

7 allowed under the Civil Administrative Code of Illinois.

8   (d) A license that has been suspended or revoked shall be

9 considered nonrenewed for purposes of restoration under this

10 Section and a licensee restoring the licensee's his or her

11 license from suspension or revocation must comply with the

12 requirements for renewal as set forth in this Act and its

13 rules.

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

15  (225 ILCS 105/17.8)

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

17  Sec. 17.8. Surrender of license. Upon the revocation or

18 suspension of a license, the licensee shall immediately

19 surrender the licensee's his or her license to the Department.

20 If the licensee fails to do so, the Department has the right to

21 seize the license.

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

23  (225 ILCS 105/18) (from Ch. 111, par. 5018)

24  (Section scheduled to be repealed on January 1, 2027)
    HB5387 Enrolled          - 289 - LRB104 18003 AAS 31440 b

1   Sec. 18. Investigations; notice and hearing.

2   (a) The Department may investigate the actions of any

3 applicant or of any person or entity holding or claiming to

4 hold a license under this Act.

5   (b) The Department shall, before disciplining an applicant

6 or licensee, at least 30 days prior to the date set for the

7 hearing: (i) notify, in writing, the accused of the charges

8 made and the time and place for the hearing on the charges;

9 (ii) direct the accused him or her to file a written answer to

10 the charges, under oath, within 20 days after service of the

11 notice; and (iii) inform the applicant or licensee that

12 failure to file an answer will result in a default being

13 entered against the applicant or licensee.

14  (c) Written or electronic notice, and any notice in the

15 subsequent proceedings, may be served by personal delivery, by

16 email, or by mail to the applicant or licensee at the

17 applicant's or licensee's his or her address of record or

18 email address of record.

19  (d) At the time and place fixed in the notice, the hearing

20 officer appointed by the Secretary shall proceed to hear the

21 charges, and the parties or their counsel shall be accorded

22 ample opportunity to present any statement, testimony,

23 evidence, and argument as may be pertinent to the charges or to

24 their defense. The hearing officer may continue the hearing

25 from time to time.

26  (e) If the licensee or applicant, after receiving the
    HB5387 Enrolled  - 290 - LRB104 18003 AAS 31440 b

1 notice, fails to file an answer, the license's or applicant's
2 his or her license may, in the discretion of the Secretary, be
3 suspended, revoked, or placed on probationary status or be
4 subject to whatever disciplinary action the Secretary
5 considers proper, including limiting the scope, nature, or
6 extent of the person's practice or imposition of a fine,
7 without hearing, if the act or acts charged constitute
8 sufficient grounds for the action under this Act.
9 (Source: P.A. 102-20, eff. 1-1-22.)

10  (225 ILCS 105/19) (from Ch. 111, par. 5019)

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

12  Sec. 19. Hearing; motion for rehearing.

13  (a) The hearing officer appointed by the Secretary shall

14 hear evidence in support of the formal charges and evidence

15 produced by the applicant or licensee. At the conclusion of

16 the hearing, the hearing officer shall present to the

17 Secretary a written report of the hearing officer's his or her

18 findings of fact, conclusions of law, and recommendations.

19  (b) A copy of the hearing officer's report shall be served

20 upon the applicant or licensee, either personally or as

21 provided in this Act for the service of the notice of hearing.

22 Within 20 calendar days after such service, the applicant or

23 licensee may present to the Department a motion, in writing,

24 for a rehearing that shall specify the particular grounds for

25 rehearing. The Department may respond to the motion for
    HB5387 Enrolled  - 291 - LRB104 18003 AAS 31440 b

1 rehearing within 20 calendar days after its service on the

2 Department. If no motion for rehearing is filed, then upon the

3 expiration of the time specified for filing such a motion, or

4 upon denial of a motion for rehearing, the Secretary may enter

5 an order in accordance with the recommendations of the hearing

6 officer. If the applicant or licensee orders from the

7 reporting service and pays for a transcript of the record

8 within the time for filing a motion for rehearing, the 20

9 calendar day period within which a motion may be filed shall

10 commence upon delivery of the transcript to the applicant or

11 licensee.

12  (c) If the Secretary disagrees in any regard with the

13 report of the hearing officer, the Secretary may issue an

14 order contrary to the report.

15  (d) Whenever the Secretary is not satisfied that

16 substantial justice has been done, the Secretary may order a

17 hearing by the same or another hearing officer.

18  (e) At any point in any investigation or disciplinary

19 proceeding provided for in this Act, both parties may agree to

20 a negotiated consent order. The consent order shall be final

21 upon signature of the Secretary.

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

23  (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)

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

25  Sec. 19.1. Hearing officer. Notwithstanding any provision
    HB5387 Enrolled  - 292 - LRB104 18003 AAS 31440 b

1 of this Act, the Secretary has the authority to appoint an
2 attorney duly licensed to practice law in the State of
3 Illinois to serve as the hearing officer in any action for
4 refusal to issue or renew a license or discipline a license.
5 The hearing officer shall have full authority to conduct the
6 hearing. The hearing officer shall report the hearing
7 officer's his or her findings of fact, conclusions of law, and
8 recommendations to the Secretary.
9 (Source: P.A. 102-20, eff. 1-1-22.)

10  (225 ILCS 105/23) (from Ch. 111, par. 5023)

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

12  Sec. 23. Fees.

13  (a) The fees for the administration and enforcement of

14 this Act, including, but not limited to, original licensure,

15 renewal, and restoration shall be set by rule. The fees shall

16 not be refundable. All of the fees, taxes, and fines collected

17 under this Act shall be deposited into the General Professions

18 Dedicated Fund.

19  (b) (Blank). Before January 1, 2023, there shall be no

20 fees for amateur full-contact martial arts events; except that

21 until January 1, 2023, the applicant fees for promoters of

22 amateur events where only amateur bouts are held shall be

23 $300.

24 (Source: P.A. 102-20, eff. 1-1-22.)
   HB5387 Enrolled  - 293 - LRB104 18003 AAS 31440 b

1  (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)

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

3  Sec. 23.1. Returned checks; fines. Any person who delivers

4 a check or other payment to the Department that is returned to

5 the Department unpaid by the financial institution upon which

6 it is drawn shall pay to the Department, in addition to the

7 amount already owed to the Department, a fine of $50. The fines

8 imposed by this Section are in addition to any other

9 discipline provided under this Act for unlicensed practice or

10 practice on a nonrenewed license. The Department shall notify

11 the person that payment of fees and fines shall be paid to the

12 Department by certified check or money order within 30

13 calendar days of the notification. If, after the expiration of

14 30 days from the date of the notification, the person has

15 failed to submit the necessary remittance, the Department

16 shall automatically terminate the license or deny the

17 application, without hearing. If, after termination or denial,

18 the person seeks a license, the person he or she shall apply to

19 the Department for restoration or issuance of the license and

20 pay all fees and fines due to the Department. The Department

21 may establish a fee for the processing of an application for

22 restoration of a license to pay all expenses of processing

23 this application. The Secretary may waive the fines due under

24 this Section in individual cases where the Secretary finds

25 that the fines would be unreasonable or unnecessarily

26 burdensome.
    HB5387 Enrolled  - 294 - LRB104 18003 AAS 31440 b

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

2   (225 ILCS 105/24) (from Ch. 111, par. 5024)

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

4   Sec. 24. Unlicensed practice; violations; civil penalty.

5   (a) Any person who practices, offers to practice, attempts

6 to practice, or holds oneself himself or herself out as being

7 able to engage in practices requiring a license under this Act

8 without being licensed or exempt under this Act shall, in

9 addition to any other penalty provided by law, pay a civil

10 penalty to the Department in an amount not to exceed $10,000

11 for each offense, as determined by the Department. The civil

12 penalty shall be assessed by the Department after a hearing is

13 held in accordance with the provision set forth in this Act

14 regarding the provision of a hearing for the discipline of a

15 licensee.

16  (b) The Department may investigate any actual, alleged, or

17 suspected unlicensed activity.

18  (c) The civil penalty shall be paid within 60 days after

19 the effective date of the order imposing the civil penalty.

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

21 executed thereon in the same manner as any judgment from any

22 court of record.

23  (d) A person or entity not licensed under this Act who has

24 violated any provision of this Act or its rules is guilty of a

25 Class A misdemeanor for the first offense and a Class 4 felony
    HB5387 Enrolled           - 295 - LRB104 18003 AAS 31440 b

1 for a second and subsequent offenses.
2 (Source: P.A. 102-20, eff. 1-1-22.)

3   (225 ILCS 105/25.1)

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

5   Sec. 25.1. Medical suspension.

6   (a) A licensee who is determined by the examining

7 physician or Department to be unfit to compete or officiate

8 shall be prohibited from participating in a contest in

9 Illinois and, if actively licensed, shall be medically

10 suspended until it is shown that the licensee he or she is fit

11 for further competition or officiating.

12  (b) If the referee has stopped the bout or rendered a

13 decision of technical knockout against a contestant

14 professional or amateur, the contestant professional or

15 amateur shall be medically suspended immediately for a period

16 of not less than 30 days.

17  (c) In a full-contact martial arts contest, if the

18 contestant professional or amateur has tapped out, has

19 submitted, or the referee has stopped the bout, the

20 Department, in consultation with the ringside physician, shall

21 determine the length of suspension.

22  (d) If the contestant professional or amateur has been

23 knocked unconscious, the contestant he or she shall be

24 medically suspended immediately for a period of not less than

25 45 days.
    HB5387 Enrolled       - 296 - LRB104 18003 AAS 31440 b

1   (e) A contestant licensee may receive a medical suspension

2 for any injury sustained as a result of a bout that shall not

3 be less than 7 days.

4   (f) A contestant licensee may receive additional terms and

5 conditions for a medical suspension beyond a prescribed

6 passage of time as authorized under this Section.

7   (g) If a contestant licensee receives a medical suspension

8 that includes terms and conditions in addition to the

9 prescribed passage of time as authorized under this Section,

10 before the removal of the medical suspension, a licensee

11 shall:

12         (1) satisfactorily pass a Department-prescribed

13  medical examination;

14         (2) provide those examination results to the

15  Department;

16         (3) provide any additional requested documentation as

17  directed by the licensee's examining physician or

18  Department where applicable; and

19         (4) if the licensee's examining physician requires any

20  necessary additional medical procedures during the

21  examination related to the injury that resulted in the

22  medical suspension, those results shall be provided to the

23  Department.

24  (h) Any medical suspension imposed as authorized under

25 this Act upon against a contestant licensee shall be reported

26 to the Department's record keeper as determined by rule.
    HB5387 Enrolled    - 297 - LRB104 18003 AAS 31440 b

1   (i) A medical suspension as authorized under this Section

2 shall not be considered a suspension under Section 16 of this

3 Act. A violation of the terms of a medical suspension

4 authorized under this Section shall subject a licensee to

5 discipline under Section 16 of this Act.

6   (j) A professional or amateur contestant who has been

7 placed on medical suspension under the laws of another state,

8 the District of Columbia, or a territory of the United States

9 for substantially similar reasons as this Section shall be

10 prohibited from participating in a contest as authorized under

11 this Act until the requirements of subsection (g) of this

12 Section have been met or the medical suspension has been

13 removed by that jurisdiction.

14  (k) A medical suspension authorized under this Section

15 shall begin the day after the bout a licensee participated in.

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

17  Section 45. The Sex Offender Evaluation and Treatment

18 Provider Act is amended by changing Sections 10, 30, 35, 40,

19 45, 50, 65, 75, 85, 90, 95, 100, 105, 110, 115, 125, 130, 135,

20 and 145 and by adding Section 10.5 as follows:

21  (225 ILCS 109/10)

22  Sec. 10. Definitions. As used in this Act:

23  "Address of record" means the designated address recorded

24 by the Department in the applicant's or licensee's application
    HB5387 Enrolled          - 298 - LRB104 18003 AAS 31440 b

1 file or license file maintained by the Department's licensure

2 maintenance unit.

3   "Associate sex offender provider" means a person licensed

4 under this Act to conduct sex offender evaluations or provide

5 sex offender treatment services under the supervision of a

6 licensed sex offender evaluator or a licensed sex offender

7 treatment provider.

8   "Board" means the Sex Offender Evaluation and Treatment

9 Licensing and Disciplinary Board.

10  "Department" means the Department of Financial and

11 Professional Regulation.

12  "Email address of record" means the designated email

13 address recorded by the Department in the applicant's

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

15 by the Department's licensure maintenance unit.

16  "Licensee" means a person who has obtained a license under

17 this Act.

18  "Secretary" means the Secretary of Financial and

19 Professional Regulation.

20  "Sex offender evaluation" means a sex-offender specific

21 evaluation that systematically uses a variety of standardized

22 measurements, assessments and information gathered

23 collaterally and through face-to-face interviews. Sex-offender

24 specific evaluations assess risk to the community; identify

25 and document treatment and developmental needs, including safe

26 and appropriate placement settings; determine amenability to
    HB5387 Enrolled  - 299 - LRB104 18003 AAS 31440 b

1 treatment; and are the foundation of treatment, supervision,

2 and placement recommendations.

3   "Sex offender evaluator" means a person licensed under

4 this Act to conduct sex offender evaluations.

5   "Sex offender treatment" means a comprehensive set of

6 planned therapeutic interventions and experiences to reduce

7 the risk of further sexual offending and abusive behaviors by

8 the offender. Treatment may include adjunct therapies to

9 address the unique needs of the individual, but must include

10 offense specific services by a treatment provider who meets

11 the qualifications in Section 30 of this Act. Treatment

12 focuses on the situations, thoughts, feelings, and behavior

13 that have preceded and followed past offending (abuse cycles)

14 and promotes change in each area relevant to the risk of

15 continued abusive, offending, or deviant sexual behaviors. Due

16 to the heterogeneity of the persons who commit sex offenses,

17 treatment is provided based on the individualized evaluation

18 and assessment. Treatment is designed to stop sex offending

19 and abusive behavior, while increasing the offender's ability

20 to function as a healthy, pro-social member of the community.

21 Progress in treatment is measured by change rather than the

22 passage of time.

23  "Sex offender treatment provider" means a person licensed

24 under this Act to provide sex offender treatment.

25 (Source: P.A. 97-1098, eff. 7-1-13.)
    HB5387 Enrolled          - 300 - LRB104 18003 AAS 31440 b

1   (225 ILCS 109/10.5 new)

2   Sec. 10.5. Address of record; email address of record. All

3 applicants and licensees shall:

4   (1) Provide a valid address and email address to the

5   Department, which shall serve as the address of record and

6   email address of record, respectively, at the time of

7   application for licensure or renewal of a license; and

8   (2) Inform the Department of any change of address of

9   record or email address of record within 14 days after

10  such change, either through the Department's website or by

11  contacting the Department's licensure maintenance unit.

12  (225 ILCS 109/30)

13  Sec. 30. Social Security Number or individual taxpayer

14 identification number on license application. In addition to

15 any other information required to be contained in the

16 application, every application for an original, renewal,

17 reinstated, or restored license under this Act shall include

18 the applicant's Social Security number or individual taxpayer

19 identification number.

20 (Source: P.A. 97-1098, eff. 7-1-13.)

21  (225 ILCS 109/35)

22  Sec. 35. Qualifications for licensure.

23  (a)(1) A person is qualified for licensure as a sex

24 offender evaluator if that person:
    HB5387 Enrolled  - 301 - LRB104 18003 AAS 31440 b

1   (A) has applied in writing on forms prepared and

2   furnished by the Department;

3   (B) has not engaged or is not engaged in any practice

4   or conduct that would be grounds for disciplining a

5   licensee under Section 75 of this Act; and

6   (C) satisfies the licensure and experience

7   requirements of paragraph (2) of this subsection (a).

8   (2) A person who applies to the Department shall be issued

9 a sex offender evaluator license by the Department if the

10 person meets the qualifications set forth in paragraph (1) of

11 this subsection (a) and provides evidence to the Department

12 that the person:

13  (A) is a physician licensed to practice medicine in

14  all of its branches under the Medical Practice Act of 1987

15  or licensed under the laws of another state; an advanced

16  practice registered nurse with psychiatric specialty

17  licensed under the Nurse Practice Act or licensed under

18  the laws of another state; a clinical psychologist

19  licensed under the Clinical Psychologist Licensing Act or

20  licensed under the laws of another state; a licensed

21  clinical social worker licensed under the Clinical Social

22  Work and Social Work Practice Act or licensed under the

23  laws of another state; a licensed clinical professional

24  counselor licensed under the Professional Counselor and

25  Clinical Professional Counselor Licensing and Practice Act

26  or licensed under the laws of another state; or a licensed
    HB5387 Enrolled            - 302 - LRB104 18003 AAS 31440 b

1   marriage and family therapist licensed under the Marriage

2   and Family Therapy Licensing Act or licensed under the

3   laws of another state;

4   (B) has 400 hours of supervised experience in the

5   treatment or evaluation of sex offenders in the last 4

6   years, at least 200 of which are face-to-face therapy or

7   evaluation with sex offenders;

8   (C) has completed at least 10 sex offender evaluations

9   under supervision in the past 4 years; and

10  (D) has at least 40 hours of documented training in

11  the specialty of sex offender evaluation, treatment, or

12  management.

13  Until January 1, 2015, the requirements of subparagraphs

14 (B) and (D) of paragraph (2) of this subsection (a) are

15 satisfied if the applicant has been listed on the Sex Offender

16 Management Board's Approved Provider List for a minimum of 2

17 years before application for licensure. Until January 1, 2015,

18 the requirements of subparagraph (C) of paragraph (2) of this

19 subsection (a) are satisfied if the applicant has completed at

20 least 10 sex offender evaluations within the 4 years before

21 application for licensure.

22  (b)(1) A person is qualified for licensure as a sex

23 offender treatment provider if that person:

24  (A) has applied in writing on forms prepared and

25  furnished by the Department;

26  (B) has not engaged or is not engaged in any practice
    HB5387 Enrolled         - 303 - LRB104 18003 AAS 31440 b

1   or conduct that would be grounds for disciplining a

2   licensee under Section 75 of this Act; and

3   (C) satisfies the licensure and experience

4   requirements of paragraph (2) of this subsection (b).

5   (2) A person who applies to the Department shall be issued

6 a sex offender treatment provider license by the Department if

7 the person meets the qualifications set forth in paragraph (1)

8 of this subsection (b) and provides evidence to the Department

9 that the person:

10  (A) is a physician licensed to practice medicine in

11  all of its branches under the Medical Practice Act of 1987

12  or licensed under the laws of another state; an advanced

13  practice registered nurse with psychiatric specialty

14  licensed under the Nurse Practice Act or licensed under

15  the laws of another state; a clinical psychologist

16  licensed under the Clinical Psychologist Licensing Act or

17  licensed under the laws of another state; a licensed

18  clinical social worker licensed under the Clinical Social

19  Work and Social Work Practice Act or licensed under the

20  laws of another state; a licensed clinical professional

21  counselor licensed under the Professional Counselor and

22  Clinical Professional Counselor Licensing and Practice Act

23  or licensed under the laws of another state; or a licensed

24  marriage and family therapist licensed under the Marriage

25  and Family Therapy Licensing Act or licensed under the

26  laws of another state;
    HB5387 Enrolled           - 304 - LRB104 18003 AAS 31440 b

1        (B) has 400 hours of supervised experience in the

2   treatment of sex offenders in the last 4 years, at least

3   200 of which are face-to-face therapy with sex offenders;

4   and

5        (C) has at least 40 hours documented training in the

6   specialty of sex offender evaluation, treatment, or

7   management.

8   Until January 1, 2015, the requirements of subparagraphs

9 (B) and (C) of paragraph (2) of this subsection (b) are

10 satisfied if the applicant has been listed on the Sex Offender

11 Management Board's Approved Provider List for a minimum of 2

12 years before application.

13  (c)(1) A person is qualified for licensure as an associate

14 sex offender provider if that person:

15       (A) has applied in writing on forms prepared and

16  furnished by the Department;

17       (B) has not engaged or is not engaged in any practice

18  or conduct that would be grounds for disciplining a

19  licensee under Section 75 of this Act; and

20       (C) satisfies the education and experience

21  requirements of paragraph (2) of this subsection (c).

22  (2) A person who applies to the Department shall be issued

23 an associate sex offender provider license by the Department

24 if the person meets the qualifications set forth in paragraph

25 (1) of this subsection (c) and provides evidence to the

26 Department that the person holds a master's degree or higher
    HB5387 Enrolled    - 305 - LRB104 18003 AAS 31440 b

1 in social work, psychology, marriage and family therapy,
2 counseling or closely related behavioral science degree, or
3 psychiatry.
4 (Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)

5   (225 ILCS 109/40)

6   Sec. 40. Application; exemptions.

7   (a) No person may act as a sex offender evaluator, sex

8 offender treatment provider, or associate sex offender

9 provider as defined in this Act for the provision of sex

10 offender evaluations or sex offender treatment pursuant to the

11 Sex Offender Management Board Act, the Sexually Dangerous

12 Persons Act, or the Sexually Violent Persons Commitment Act

13 unless the person is licensed to do so by the Department. Any

14 evaluation or treatment services provided by a licensed health

15 care professional not licensed under this Act shall not be

16 valid under the Sex Offender Management Board Act, the

17 Sexually Dangerous Persons Act, or the Sexually Violent

18 Persons Commitment Act. No business shall provide, attempt to

19 provide, or offer to provide sex offender evaluation services

20 unless it is organized under the Professional Service

21 Corporation Act, the Medical Corporation Act, or the

22 Professional Limited Liability Company Act.

23  (b) Nothing in this Act shall be construed to require any

24 licensed physician, advanced practice registered nurse,

25 physician assistant, or other health care professional to be
    HB5387 Enrolled    - 306 - LRB104 18003 AAS 31440 b

 1 licensed under this Act for the provision of services for
 2 which the person is otherwise licensed. This Act does not
 3 prohibit a person licensed under any other Act in this State
 4 from engaging in the practice for which the person he or she is
 5 licensed. This Act only applies to the provision of sex
 6 offender evaluations or sex offender treatment provided for
 7 the purposes of complying with the Sex Offender Management
 8 Board Act, the Sexually Dangerous Persons Act, or the Sexually
 9 Violent Persons Commitment Act.
10 (Source: P.A. 99-227, eff. 8-3-15; 100-513, eff. 1-1-18.)

11  (225 ILCS 109/45)

12  Sec. 45. License renewal; restoration.

13  (a) The expiration date and renewal period for a license

14 issued under this Act shall be set by rule. The holder of a

15 license under this Act may renew that license during the

16 90-day 90 day period immediately preceding the expiration date

17 upon payment of the required renewal fees and demonstrating

18 compliance with any continuing education requirements. The

19 Department shall adopt rules establishing minimum requirements

20 of continuing education and means for verification of the

21 completion of the continuing education requirements. The

22 Department may, by rule, specify circumstances under which the

23 continuing education requirements may be waived.

24  (b) A licensee who has permitted the licensee's his or her

25 license to expire or who has had the licensee's his or her
    HB5387 Enrolled    - 307 - LRB104 18003 AAS 31440 b

1 license on inactive status may have the his or her license

2 restored by making application to the Department and filing

3 proof acceptable to the Department, as defined by rule, of the

4 licensee's his or her fitness to have the his or her license

5 restored, including evidence certifying to active practice in

6 another jurisdiction satisfactory to the Department and by

7 paying the required restoration fee.

8   (c) A licensee whose license expired while the licensee he

9 or she was (1) in Federal Service on active duty with the Armed

10 Forces of the United States, or the State Militia called into

11 service or training, or (2) in training or education under the

12 supervision of the United States preliminary to induction into

13 the military service, may have the his or her license renewed

14 or restored without paying any lapsed renewal fees if within 2

15 years after honorable termination of service, training or

16 education, the licensee he or she furnishes the Department

17 with satisfactory evidence to the effect that the licensee he

18 or she has been so engaged and that the licensee's his or her

19 service, training or education has been terminated.

20 (Source: P.A. 97-1098, eff. 7-1-13.)

21  (225 ILCS 109/50)

22  Sec. 50. Inactive status.

23  (a) A licensee who notifies the Department in writing on

24 forms prescribed by the Department may elect to place the

25 licensee's his or her license on an inactive status and shall,
    HB5387 Enrolled            - 308 - LRB104 18003 AAS 31440 b

1 subject to rules of the Department, be excused from payment of

2 renewal fees until the licensee he or she notifies the

3 Department in writing of the licensee's his or her intent to

4 restore the his or her license.

5   (b) A licensee requesting restoration from inactive status

6 shall be required to pay the current renewal fee and shall be

7 required to restore the his or her license as provided in

8 Section 45 of this Act.

9   (c) A licensee whose license is in an inactive status

10 shall not practice in the State of Illinois.

11  (d) A licensee who provides sex offender evaluation or

12 treatment services while the licensee's his or her license is

13 lapsed or on inactive status shall be considered to be

14 practicing without a license which shall be grounds for

15 discipline under this Act.

16 (Source: P.A. 97-1098, eff. 7-1-13.)

17  (225 ILCS 109/65)

18  Sec. 65. Payments; penalty for insufficient funds. A

19 person who delivers a check or other payment to the Department

20 that is returned to the Department unpaid by the financial

21 institution upon which it is drawn shall pay to the

22 Department, in addition to the amount already owed to the

23 Department, a fine of $50. The fines imposed by this Section

24 are in addition to any other discipline provided under this

25 Act prohibiting unlicensed practice or practice on a
    HB5387 Enrolled    - 309 - LRB104 18003 AAS 31440 b

 1 nonrenewed license. The Department shall notify the person
 2 that payment of fees and fines shall be paid to the Department
 3 by certified check or money order within 30 calendar days
 4 after notification. If after the expiration of 30 days from
 5 the date of the notification the person has failed to submit
 6 the necessary remittance, the Department shall automatically
 7 terminate the license or deny the application without hearing.
 8 If after termination or denial the person seeks a license, the
 9 person he or she shall apply to the Department for restoration
10 or issuance of the license and pay all fees and fines due to
11 the Department. The Department may establish a fee for the
12 processing of an application for restoration of a license to
13 pay all expenses of processing the application. The Secretary
14 may waive the fines due under this Section in individual cases
15 where the Secretary finds that the fines would be unreasonable
16 or unnecessarily burdensome.
17 (Source: P.A. 97-1098, eff. 7-1-13.)

18  (225 ILCS 109/75)

19  Sec. 75. Refusal, revocation, or suspension.

20  (a) The Department may refuse to issue or 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 imposition of fines not

24 to exceed $10,000 for each violation, with regard to any

25 license or licensee for any one or more of the following:
    HB5387 Enrolled  - 310 - LRB104 18003 AAS 31440 b

1   (1) violations of this Act or of the rules adopted

2   under this Act;

3   (2) discipline by the Department under other state law

4   and rules which the licensee is subject to;

5   (3) conviction by plea of guilty or nolo contendere,

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

7   sentencing for any crime, including, but not limited to,

8   convictions, preceding sentences of supervision,

9   conditional discharge, or first offender probation, under

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

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

12  essential element of which is dishonesty, or that is

13  directly related to the practice of the profession;

14  (4) professional incompetence;

15  (5) advertising in a false, deceptive, or misleading

16  manner;

17  (6) aiding, abetting, assisting, procuring, advising,

18  employing, or contracting with any unlicensed person to

19  provide sex offender evaluation or treatment services

20  contrary to any rules or provisions of this Act;

21  (7) engaging in immoral conduct in the commission of

22  any act, such as sexual abuse, sexual misconduct, or

23  sexual exploitation, related to the licensee's practice;

24  (8) engaging in dishonorable, unethical, or

25  unprofessional conduct of a character likely to deceive,

26  defraud, or harm the public;
    HB5387 Enrolled             - 311 - LRB104 18003 AAS 31440 b

1   (9) practicing or offering to practice beyond the

2   scope permitted by law or accepting and performing

3   professional responsibilities which the licensee knows or

4   has reason to know that the licensee he or she is not

5   competent to perform;

6   (10)             knowingly  delegating  professional

7   responsibilities to a person unqualified by training,

8   experience, or licensure to perform;

9   (11) failing to provide information in response to a

10  written request made by the Department within 60 days;

11  (12) having a habitual or excessive use of or

12  addiction to alcohol, narcotics, stimulants, or any other

13  chemical agent or drug which results in the inability to

14  practice with reasonable judgment, skill, or safety;

15  (13) having a pattern of practice or other behavior

16  that demonstrates incapacity or incompetence to practice

17  under this Act;

18  (14) discipline by another state, District of

19  Columbia, territory, or foreign nation, if at least one of

20  the grounds for the discipline is the same or

21  substantially equivalent to those set forth in this

22  Section;

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

24  after having the licensee's his or her license placed on

25  probationary status, has violated the terms of probation;

26  (16) willfully making or filing false records or
    HB5387 Enrolled           - 312 - LRB104 18003 AAS 31440 b

1   reports in the licensee's his or her practice, including,

2   but not limited to, false records filed with State

3   agencies or departments;

4   (17) making a material misstatement in furnishing

5   information to the Department or otherwise making

6   misleading, deceptive, untrue, or fraudulent

7   representations in violation of this Act or otherwise in

8   the practice of the profession;

9   (18) fraud or misrepresentation in applying for or

10  procuring a license under this Act or in connection with

11  applying for renewal of a license under this Act;

12  (19) inability to practice the profession with

13  reasonable judgment, skill, or safety as a result of

14  physical illness, including, but not limited to,

15  deterioration through the aging process, loss of motor

16  skill, or a mental illness or disability;

17  (20) charging for professional services not rendered,

18  including filing false statements for the collection of

19  fees for which services are not rendered; or

20  (21) practicing under a false or, except as provided

21  by law, an assumed name.

22  All fines shall be paid within 60 days of the effective

23 date of the order imposing the fine.

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

25 license of any person who fails to file a tax return, to pay

26 the tax, penalty, or interest shown in a filed tax return, or
    HB5387 Enrolled  - 313 - LRB104 18003 AAS 31440 b

1 to pay any final assessment of tax, penalty, or interest, as

2 required by any tax Act administered by the Illinois

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

4 the tax Act are satisfied in accordance with subsection (g) of

5 Section 2105-15 of the Civil Administrative Code of Illinois.

6   (c) (Blank).

7   (d) In cases where the Department of Healthcare and Family

8 Services has previously determined that a licensee or a

9 potential licensee is more than 30 days delinquent in the

10 payment of child support and has subsequently certified the

11 delinquency to the Department, the Department may refuse to

12 issue or renew or may revoke or suspend that person's license

13 or may take other disciplinary action against that person

14 based solely upon the certification of delinquency made by the

15 Department of Healthcare and Family Services in accordance

16 with item (5) of subsection (a) of Section 2105-15 of the Civil

17 Administrative Code of Illinois.

18  (e) The determination by a circuit court that a licensee

19 is subject to involuntary admission or judicial admission, as

20 provided in the Mental Health and Developmental Disabilities

21 Code, operates as an automatic suspension. The suspension will

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

23 longer subject to involuntary admission or judicial admission

24 and the issuance of a court order so finding and discharging

25 the patient.

26  (f) In enforcing this Act, the Department or Board, upon a
    HB5387 Enrolled  - 314 - LRB104 18003 AAS 31440 b

1 showing of a possible violation, may compel an individual

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

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

4 examination, or both, as required by and at the expense of the

5 Department. The Department or Board may order the examining

6 physician to present testimony concerning the 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. The

11 examining physician shall be specifically designated by the

12 Board or Department. The individual to be examined may have,

13 at his or her own expense, another physician of his or her

14 choice present during all aspects of this examination. The

15 examination shall be performed by a physician licensed to

16 practice medicine in all its branches. Failure of an

17 individual to submit to a mental or physical examination, when

18 directed, shall result in an automatic suspension without

19 hearing.

20  A person holding a license under this Act or who has

21 applied for a license under this Act who, because of a physical

22 or mental illness or disability, including, but not limited

23 to, deterioration through the aging process or loss of motor

24 skill, is unable to practice the profession with reasonable

25 judgment, skill, or safety, may be required by the Department

26 to submit to care, counseling, or treatment by physicians
    HB5387 Enrolled  - 315 - LRB104 18003 AAS 31440 b

1 approved or designated by the Department as a condition, term,

2 or restriction for continued, reinstated, or renewed licensure

3 to practice. Submission to care, counseling, or treatment as

4 required by the Department shall not be considered discipline

5 of a license. If the licensee refuses to enter into a care,

6 counseling, or treatment agreement or fails to abide by the

7 terms of the agreement, the Department may file a complaint to

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

9 individual. The Secretary may order the license suspended

10 immediately, pending a hearing by the Department. Fines shall

11 not be assessed in disciplinary actions involving physical or

12 mental illness or impairment.

13  In instances in which the Secretary immediately suspends a

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

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

16 days after the suspension and completed without appreciable

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

18 review the subject individual's record of treatment and

19 counseling regarding the impairment to the extent permitted by

20 applicable federal statutes and regulations safeguarding the

21 confidentiality of medical records.

22  An individual licensed under this Act and subject to

23 action under this Section shall be afforded an opportunity to

24 demonstrate to the Department or Board that he or she can

25 resume practice in compliance with acceptable and prevailing

26 standards under the provisions of his or her license.
    HB5387 Enrolled    - 316 - LRB104 18003 AAS 31440 b

1 (Source: P.A. 100-872, eff. 8-14-18; 101-81, eff. 7-12-19.)

2   (225 ILCS 109/85)

3   Sec. 85. Violations; injunctions; cease and desist order.

4   (a) If a person violates a provision of this Act, the

5 Secretary may, in the name of the People of the State of

6 Illinois, through the Attorney General, petition for an order

7 enjoining the violation or for an order enforcing compliance

8 with this Act. Upon the filing of a verified petition in court,

9 the court may issue a temporary restraining order, without

10 notice or bond, and may preliminarily and permanently enjoin

11 the violation. If it is established that the person has

12 violated or is violating the injunction, the court may punish

13 the offender for contempt of court. Proceedings under this

14 Section are in addition to, and not in lieu of, all other

15 remedies and penalties provided by this Act.

16  (b) If a person engages in sex offender evaluation or

17 treatment or holds oneself himself or herself out as licensee

18 without having a valid license under this Act, then any

19 licensee, any interested party or any person injured thereby

20 may, in addition to the Secretary, petition for relief as

21 provided in subsection (a) of this Section.

22  (c) Whenever in the opinion of the Department a person has

23 violated any provision of this Act, the Department may issue a

24 rule to show cause why an order to cease and desist should not

25 be entered against that person him or her. The rule shall
    HB5387 Enrolled      - 317 - LRB104 18003 AAS 31440 b

1 clearly set forth the grounds relied upon by the Department
2 and shall provide a period of 7 days from the date of the rule
3 to file an answer to the satisfaction of the Department.
4 Failure to answer to the satisfaction of the Department shall
5 cause an order to cease and desist to be issued immediately.
6 (Source: P.A. 97-1098, eff. 7-1-13.)

7   (225 ILCS 109/90)

8   Sec. 90. Unlicensed practice; violation; civil penalty.

9   (a) A person who holds oneself himself or herself out to

10 practice as a licensee without being licensed under this Act

11 shall, in addition to any other penalty provided by law, pay a

12 civil penalty to the Department in an amount not to exceed

13 $10,000 for each offense, as determined by the Department. The

14 civil penalty shall be assessed by the Department after a

15 hearing is held in accordance with the provisions of this Act

16 regarding a hearing for the discipline of a licensee.

17  (b) The Department may investigate any and all unlicensed

18 activity.

19  (c) The civil penalty shall be paid within 60 days after

20 the effective date of the order imposing the civil penalty.

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

22 execution had thereon in the same manner as any judgment from

23 any court of record.

24 (Source: P.A. 97-1098, eff. 7-1-13.)
   HB5387 Enrolled    - 318 - LRB104 18003 AAS 31440 b

1  (225 ILCS 109/95)

2  Sec. 95. Investigation; notice and hearing.  The

3 Department may investigate the actions or qualifications of

4 any person or persons holding or claiming to hold a license.

5 Before suspending, revoking, placing on probationary status,

6 or taking any other disciplinary action as the Department may

7 deem proper with regard to any license, at least 30 days before

8 the date set for the hearing, the Department shall (i) notify

9 the accused in writing of any charges made and the time and

10 place for a hearing on the charges before the Department

11 Board, (ii) direct the accused him or her to file a written

12 answer to the charges with the Department Board under oath

13 within 20 days after the service on the accused him or her of

14 the notice, and (iii) inform the accused him or her that if the

15 accused he or she fails to file an answer, default will be

16 taken against the accused him or her and the accused's his or

17 her license may be suspended, revoked, placed on probationary

18 status, or other disciplinary action taken with regard to the

19 license, including limiting the scope, nature, or extent of

20 his or her practice, as the Department may deem proper. In case

21 the person, after receiving notice, fails to file an answer,

22 the person's his or her license may, in the discretion of the

23 Department, be suspended, revoked, placed on probationary

24 status, or the Department may take whatever disciplinary

25 action is deemed proper, including limiting the scope, nature,

26 or extent of the person's practice or the imposition of a fine,
HB5387 Enrolled  - 319 - LRB104 18003 AAS 31440 b

 1 without a hearing, if the act or acts charged constitute
 2 sufficient grounds for that action under this Act. Written
 3 notice may be served by personal delivery or by registered or
 4 certified mail to the applicant or licensee at the applicant's
 5 or licensee's his or her last address of record with the
 6 Department. In case the person fails to file an answer after
 7 receiving notice, the person's his or her license may, in the
 8 discretion of the Department, be suspended, revoked, or placed
 9 on probationary status, or the Department may take whatever
10 disciplinary action is deemed proper, including limiting the
11 scope, nature, or extent of the person's practice or the
12 imposition of a fine, without a hearing, if the act or acts
13 charged constitute sufficient grounds for that action under
14 this Act. The written answer shall be served by personal
15 delivery, certified delivery, or certified or registered mail
16 to the Department. At the time and place fixed in the notice,
17 the Department shall proceed to hear the charges and the
18 parties or their counsel shall be accorded ample opportunity
19 to present statements, testimony, evidence, and argument as
20 may be pertinent to the charges or to the defense thereto. The
21 Department may continue the hearing from time to time. At the
22 discretion of the Secretary after having first received the
23 recommendation of the hearing officer Board, the accused
24 person's license may be suspended or revoked, if the evidence
25 constitutes sufficient grounds for that action under this Act.
26 (Source: P.A. 97-1098, eff. 7-1-13.)
    HB5387 Enrolled     - 320 - LRB104 18003 AAS 31440 b

1   (225 ILCS 109/100)

2   Sec. 100. Record of proceeding. The Department, at its

3 expense, shall preserve a record of all proceedings at the

4 formal hearing of any case. The notice of hearing, complaint

5 and all other documents in the nature of pleadings and written

6 motions filed in the proceedings, the transcript of testimony,

7 the report of the hearing officer Board and orders of the

8 Department shall be in the record of the proceedings. The

9 Department shall furnish a transcript of the record to any

10 person interested in the hearing upon payment of the fee

11 required under Section 2105-115 of the Department of

12 Professional Regulation Law.

13 (Source: P.A. 97-1098, eff. 7-1-13.)

14  (225 ILCS 109/105)

15  Sec. 105. Subpoenas; oaths; attendance of witnesses. The

16 Department has the power to subpoena and to bring before it any

17 person and to take testimony either orally or by deposition,

18 or both, with the same fees and mileage and in the same manner

19 as prescribed in civil cases in the courts of this State.

20  The Secretary and , the designated hearing officer have

21 the , and every member of the Board has power to administer

22 oaths to witnesses at any hearing that the Department is

23 authorized to conduct and any other oaths authorized in any

24 Act administered by the Department. A circuit court may, upon
    HB5387 Enrolled     - 321 - LRB104 18003 AAS 31440 b

1 application of the Department or its designee, or of the
2 applicant or licensee against whom proceedings under this Act
3 are pending, enter an order requiring the attendance of
4 witnesses and their testimony, and the production of
5 documents, papers, files, books and records in connection with
6 any hearing or investigation. The court may compel obedience
7 to its order by proceedings for contempt.
8 (Source: P.A. 97-1098, eff. 7-1-13.)

9   (225 ILCS 109/110)

10  Sec. 110. Recommendations for disciplinary action. At the

11 conclusion of the hearing, the hearing officer Board shall

12 present to the Secretary a written report of the hearing

13 officer's its findings and recommendations. The report shall

14 contain a finding whether or not the accused person violated

15 this Act or failed to comply with the conditions required in

16 this Act. The hearing officer Board shall specify the nature

17 of the violation or failure to comply, and shall make its

18 recommendations to the Secretary.

19  The report of findings and recommendations of the hearing

20 officer Board shall be the basis for the Department's order

21 for refusal or for the granting of a license, or for any

22 disciplinary action, unless the Secretary shall determine that

23 the hearing officer's Board's report is contrary to the

24 manifest weight of the evidence, in which case the Secretary

25 may issue an order in contravention of the hearing officer's
   HB5387 Enrolled     - 322 - LRB104 18003 AAS 31440 b

1 Board's report. The finding is not admissible in evidence
2 against the person in a criminal prosecution brought for the
3 violation of this Act, but the hearing and finding are not a
4 bar to a criminal prosecution brought for the violation of
5 this Act.
6 (Source: P.A. 97-1098, eff. 7-1-13.)

7  (225 ILCS 109/115)

8  Sec. 115. Rehearing. In a hearing involving disciplinary

9 action against a licensee, a copy of the hearing officer's

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

11 Department, either personally or as provided in this Act for

12 the service of the notice of hearing. Within 20 calendar days

13 after service, the respondent may present to the Department a

14 motion in writing for a rehearing that shall specify the

15 particular grounds for rehearing. If no motion for rehearing

16 is filed, then upon the expiration of the time specified for

17 filing a motion, or if a motion for rehearing is denied, then

18 upon denial, the Secretary may enter an order in accordance

19 with recommendations of the hearing officer Board, except as

20 provided in this Act. If the respondent orders from the

21 reporting service, and pays for, a transcript of the record

22 within the time for filing a motion for rehearing, the 20

23 calendar day period within which a motion may be filed shall

24 commence upon the delivery of the transcript to the

25 respondent.
   HB5387 Enrolled     - 323 - LRB104 18003 AAS 31440 b

1 (Source: P.A. 97-1098, eff. 7-1-13.)

2  (225 ILCS 109/125)

3  Sec. 125. Appointment of a hearing officer. The Secretary

4 has the authority to appoint any attorney duly licensed to

5 practice law in the State of Illinois to serve as the hearing

6 officer in any action for refusal to issue or renew a license,

7 or to discipline a licensee. The hearing officer has full

8 authority to conduct the hearing. The hearing officer shall

9 report the his or her findings and recommendations to the

10 Board and the Secretary. In the hearing officer's report, the

11 hearing officer shall make a finding of whether or not the

12 charged licensee or applicant violated a provision of this Act

13 or any rules adopted under this Act. Upon presenting the

14 report to the Secretary, the Secretary may issue an order

15 based on the report of the hearing officer. If the Secretary

16 disagrees with the report of the hearing officer, the

17 Secretary may issue an order in contravention of the hearing

18 officer's report. The finding by the hearing officer shall not

19 be admissible in evidence against the person in a criminal

20 prosecution brought for a violation of this Act nor shall a

21 finding by the hearing officer be a bar to a criminal

22 prosecution brought for a violation of this Act. The Board has

23 60 calendar days from receipt of the report to review the

24 report of the hearing officer and present its findings of

25 fact, conclusions of law and recommendations to the Secretary.
HB5387 Enrolled  - 324 - LRB104 18003 AAS 31440 b

 1 If the Board fails to present its report within the 60 calendar
 2 day period, the respondent may request in writing a direct
 3 appeal to the Secretary, in which case the Secretary shall,
 4 within 7 calendar days after receipt of the request, issue an
 5 order directing the Board to issue its findings of fact,
 6 conclusions of law, and recommendations to the Secretary
 7 within 30 calendar days after that order. If the Board fails to
 8 issue its findings of fact, conclusions of law, and
 9 recommendations within that time frame to the Secretary after
10 the entry of the order, the Secretary shall, within 30
11 calendar days thereafter, issue an order based upon the report
12 of the hearing officer and the record of the proceedings or
13 issue an order remanding the matter back to the hearing
14 officer for additional proceedings in accordance with the
15 order. If (i) a direct appeal is requested, (ii) the Board
16 fails to issue its findings of fact, conclusions of law, and
17 recommendations within the 30 day mandate from the Secretary
18 or the Secretary fails to order the Board to do so, and (iii)
19 the Secretary fails to issue an order within 30 calendar days
20 thereafter, then the hearing officer's report is deemed
21 accepted and a final decision of the Secretary.
22 Notwithstanding any other provision of this Section, if the
23 Secretary, upon review, determines that substantial justice
24 has not been done in the revocation, suspension, or refusal to
25 issue or renew a license or other disciplinary action taken as
26 the result of the entry of the hearing officer's report, the
    HB5387 Enrolled     - 325 - LRB104 18003 AAS 31440 b

1 Secretary may order a rehearing by the same or other hearing
2 officer. If the Secretary disagrees with the recommendation of
3 the Board or the hearing officer, the Secretary may issue an
4 order in contravention of the recommendation.
5 (Source: P.A. 97-1098, eff. 7-1-13.)

6   (225 ILCS 109/130)

7   Sec. 130. Order; certified copy. An order or a certified

8 copy of the order, over the seal of the Department and

9 purporting to be signed by the Secretary, shall be prima facie

10 proof:

11         (a) that the signature is the genuine signature of the

12  Secretary;

13         (b) that the Secretary is duly appointed and

14  qualified; and

15         (c) (blank). that the Board and its members are

16  qualified to act.

17 (Source: P.A. 97-1098, eff. 7-1-13.)

18  (225 ILCS 109/135)

19  Sec. 135. Restoration. At any time after the suspension

20 or revocation of a license, the Department may restore the

21 license to the accused person, upon the filing of an

22 application, the filing of proof of fitness acceptable to the

23 Department, and the payment of the required restoration fee

24 written recommendation of the Board, unless after an
    HB5387 Enrolled         - 326 - LRB104 18003 AAS 31440 b

1 investigation and a hearing the Department Board determines
2 that restoration is not in the public interest.
3 (Source: P.A. 97-1098, eff. 7-1-13.)

4   (225 ILCS 109/145)

5   Sec. 145. Summary suspension. The Secretary may summarily

6 suspend the license of a licensee without a hearing,

7 simultaneously with the institution of proceedings for a

8 hearing provided for in this Act, if the Secretary finds that

9 evidence in the Secretary's his or her possession indicates

10 that a licensee's continuation in practice would constitute an

11 imminent danger to the public. In the event that the Secretary

12 summarily suspends the license of a licensee without a

13 hearing, a hearing by the Board must be held within 30 calendar

14 days after the suspension has occurred.

15 (Source: P.A. 97-1098, eff. 7-1-13.)

16  (225 ILCS 109/70 rep.)

17  Section 50. The Sex Offender Evaluation and Treatment

18 Provider Act is amended by repealing Section 70.

19  Section 55. The Barber, Cosmetology, Esthetics, Hair

20 Braiding, and Nail Technology Act of 1985 is amended by

21 changing Section 3D-5 as follows:

22  (225 ILCS 410/3D-5)
    HB5387 Enrolled          - 327 - LRB104 18003 AAS 31440 b

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

2   Sec. 3D-5. Requisites for ownership or operation of

3 cosmetology, esthetics, hair braiding, and nail technology

4 salons and barber shops.

5   (a) No person, firm, partnership, limited liability

6 company, professional limited liability company, corporation,

7 or professional service corporation shall own or operate a

8 cosmetology, esthetics, hair braiding, or nail technology

9 salon or barber shop or employ, rent space to, or

10 independently contract with any licensee under this Act

11 without applying on forms provided by the Department for a

12 certificate of registration. This registration shall be in

13 addition to and shall not replace or supersede any other

14 business license, registration, or permit that may be required

15 by local municipalities or other governmental entities to own

16 or operate a business in the governmental entity's

17 jurisdiction. The issuance of a license, registration, or

18 permit by a municipality or another governmental entity to a

19 salon or shop shall not waive the requirement to obtain a

20 certificate of registration from the Department to own or

21 operate a salon or shop.

22  (b) The application for a certificate of registration

23 under this Section shall set forth the name, address, and

24 telephone number of the proposed cosmetology, esthetics, hair

25 braiding, or nail technology salon or barber shop; the name,

26 address, and telephone number of the person, firm,
    HB5387 Enrolled  - 328 - LRB104 18003 AAS 31440 b

1 partnership, limited liability company, professional limited

2 liability company, corporation, or professional service

3 corporation that is to own or operate the salon or shop; the

4 license number of the owner or operator of the shop if they are

5 licensed under the Act or the name and license number of the

6 individual manager of the salon or shop; and, if the salon or

7 shop is to be owned or operated by an entity other than an

8 individual, the name, address, and telephone number of the

9 managing partner or the chief executive officer of the

10 corporation or other entity that owns or operates the salon or

11 shop. A person who is not licensed under the Act may own or

12 operate a salon or shop, but may not practice barbering,

13 cosmetology, esthetics, hair braiding, or nail technology. An

14 unlicensed owner or operator of a salon or shop shall employ at

15 least one person as a manager who holds a license under the Act

16 and manages the salon or shop. The licensed owner, operator,

17 or manager of a salon or shop shall ensure that the salon or

18 shop operates in compliance with this Act and any applicable

19 rules, and the owner's, operator's, or manager's name and

20 license number shall be posted with the certificate of

21 registration at the salon or shop.

22  (c) The Department shall be notified by the owner or

23 operator of a salon or shop that is moved to a new location. If

24 there is a change in the ownership or operation or manager of a

25 salon or shop, the new owner, operator, or manager shall

26 report that change to the Department along with completion of
    HB5387 Enrolled  - 329 - LRB104 18003 AAS 31440 b

1 any additional requirements set forth by rule.

2   (d) If a person, firm, partnership, limited liability

3 company, professional limited liability company, corporation,

4 or professional service corporation owns or operates more than

5 one shop or salon, a separate certificate of registration must

6 be obtained for each salon or shop.

7   (e) A certificate of registration granted under this

8 Section may be revoked in accordance with the provisions of

9 Article IV and the holder of the certificate and any licensed

10 managers may be otherwise disciplined by the Department in

11 accordance with rules adopted under this Act.

12  (f) The Department may promulgate rules to establish

13 additional requirements for owning or operating a salon or

14 shop.

15  (g) The requirement of a certificate of registration as

16 set forth in this Section shall also apply to any person, firm,

17 partnership, limited liability company, professional limited

18 liability company, corporation, or professional service

19 corporation providing barbering, cosmetology, esthetics, hair

20 braiding, or nail technology services at any location not

21 owned or rented by such person, firm, partnership, limited

22 liability company, professional limited liability company,

23 corporation, or professional service corporation for these

24 purposes or from a mobile shop or salon. Notwithstanding any

25 provision of this Section, applicants for a certificate of

26 registration under this subsection (g) shall report in its
    HB5387 Enrolled       - 330 - LRB104 18003 AAS 31440 b

1 application the address and telephone number of its office and

2 shall not be required to report the location where services

3 are or will be rendered. Nothing in this subsection (g) shall

4 apply to a sole proprietor who has no employees or contractors

5 and is not operating a mobile shop or salon.

6   (h) Nothing in this Act shall prohibit the use of the terms

7 "electrology", "electrologist", "massage", "massage therapy",

8 or "massage therapist" by a salon or shop registered under

9 this Act as long as the salon or shop offers electrology

10 services in accordance with the Electrologist Licensing Act or

11 massage therapy services in accordance with the Massage

12 Therapy Practice Act.

13 (Source: P.A. 104-153, eff. 1-1-26.)

14  Section 60. The Electrologist Licensing Act is amended by

15 changing Section 20 as follows:

16  (225 ILCS 412/20)

17  (Section scheduled to be repealed on January 1, 2029)

18  Sec. 20. Exemptions. This Act does not prohibit:

19  (1) A person licensed in this State under any other

20  Act from engaging in the practice for which that person is

21  licensed.

22  (2) The practice of electrology by a person who is

23  employed by the United States government or any bureau,

24  division, or agency thereof while in the discharge of the
    HB5387 Enrolled  - 331 - LRB104 18003 AAS 31440 b

1   employee's official duties.

2   (3) The practice of electrology included in a program

3   of study by students enrolled in schools or in refresher

4   courses approved by the Department.

5   Nothing in this Act shall be construed to prevent a person

6 who is licensed under this Act and functioning as an assistant

7 to a person who is licensed to practice medicine in all of its

8 branches from providing delegated services. Such delegated

9 services may not be performed by a person while holding

10 himself or herself out as an electrologist or in any manner

11 that indicates that the services are part of the practice of

12 electrology.

13  Nothing in this Act shall prohibit the use of the terms

14 "electrology" or "electrologist" by a salon or shop registered

15 under the Barber, Cosmetology, Esthetics, Hair Braiding, and

16 Nail Technology Act of 1985 as long as the salon offers

17 electrology services in accordance with this Act.

18 (Source: P.A. 96-569, eff. 8-18-09.)

19  Section 65. The Professional Service Corporation Act is

20 amended by changing Section 3.6 as follows:

21  (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)

22  Sec. 3.6. "Related professions" and "related professional

23 services" mean more than one personal service which requires

24 as a condition precedent to the rendering thereof the
    HB5387 Enrolled  - 332 - LRB104 18003 AAS 31440 b

1 obtaining of a license and which prior to October 1, 1973 could

2 not be performed by a corporation by reason of law; provided,

3 however, that these terms shall be restricted to:

4   (1) a combination of 2 or more of the following

5   personal services: (a) "architecture" as defined in

6   Section 5 of the Illinois Architecture Practice Act of

7   1989, (b) "professional engineering" as defined in Section

8   4 of the Professional Engineering Practice Act of 1989,

9   (c) "structural engineering" as defined in Section 5 of

10  the Structural Engineering Practice Act of 1989, (d) "land

11  surveying" as defined in Section 2 of the Illinois

12  Professional Land Surveyor Act of 1989;

13  (2) a combination of the following personal services:

14  (a) the practice of medicine by persons licensed under the

15  Medical Practice Act of 1987, (b) the practice of podiatry

16  as defined in the Podiatric Medical Practice Act of 1987,

17  (c) the practice of dentistry as defined in the Illinois

18  Dental Practice Act, (d) the practice of optometry as

19  defined in the Illinois Optometric Practice Act of 1987;

20  (3) a combination of 2 or more of the following

21  personal services: (a) the practice of clinical psychology

22  by persons licensed under the Clinical Psychologist

23  Licensing Act, (b) the practice of social work or clinical

24  social work by persons licensed under the Clinical Social

25  Work and Social Work Practice Act, (c) the practice of

26  marriage and family therapy by persons licensed under the
    HB5387 Enrolled  - 333 - LRB104 18003 AAS 31440 b

1   Marriage and Family Therapy Licensing Act, (d) the

2   practice of professional counseling or clinical

3   professional counseling by persons licensed under the

4   Professional Counselor and Clinical Professional Counselor

5   Licensing and Practice Act, or (e) the practice of sex

6   offender evaluations by persons licensed under the Sex

7   Offender Evaluation and Treatment Provider Act; or

8   (4) a combination of 2 or more of the following

9   personal services: (a) the practice of acupuncture by

10  persons licensed under the Acupuncture Practice Act, (b)

11  the practice of massage by persons licensed under the

12  Massage Therapy Practice Act, (c) the practice of

13  naprapathy by persons licensed under the Naprapathic

14  Practice Act, (d) the practice of occupational therapy by

15  persons licensed under the Illinois Occupational Therapy

16  Practice Act, (e) the practice of physical therapy by

17  persons licensed under the Illinois Physical Therapy Act,

18  or (f) the practice of speech-language therapy by persons

19  licensed under the Illinois Speech-Language Pathology and

20  Audiology Practice Act; or.

21  (5) a combination of 2 or more of the following

22  personal services: (a) services provided by persons

23  licensed under the Barber, Cosmetology, Esthetics, Hair

24  Braiding, and Nail Technology Act of 1985, (b) the

25  practice of massage therapy by persons licensed under the

26  Massage Therapy Practice Act, or (c) the practice of
    HB5387 Enrolled       - 334 - LRB104 18003 AAS 31440 b

1   electrology by persons licensed under the Electrologist

2   Licensing Act.

3 (Source: P.A. 101-95, eff. 7-19-19; 102-20, eff. 1-1-22.)

4   Section 70. The Professional Limited Liability Company Act

5 is amended by changing Section 13 as follows:

6   (805 ILCS 185/13)

7   Sec. 13. Nature of business.

8   (a) A professional limited liability company may be formed

9 to provide a professional service or services licensed by the

10 Department except:

11  (1) the practice of dentistry unless all the members

12  and managers are licensed as dentists under the Illinois

13  Dental Practice Act;

14  (2) the practice of medicine unless all the managers,

15  if any, are licensed to practice medicine under the

16  Medical Practice Act of 1987 and each member is either:

17  (A) licensed to practice medicine under the

18  Medical Practice Act of 1987;

19  (B) a registered medical corporation or

20  corporations organized pursuant to the Medical

21  Corporation Act;

22  (C) a professional corporation organized pursuant

23  to the Professional Service Corporation Act of

24  physicians licensed to practice under the Medical
    HB5387 Enrolled  - 335 - LRB104 18003 AAS 31440 b

1   Practice Act of 1987;

2   (D) a hospital or hospital affiliate as defined in

3   Section 10.8 of the Hospital Licensing Act; or

4   (E) a professional limited liability company that

5   satisfies the requirements of subparagraph (A), (B),

6   (C), or (D);

7   (3) the practice of real estate unless all the members

8   and managers, if any, that actively participate in the

9   real estate activities of the professional limited

10  liability company are licensed to practice as a managing

11  broker or broker pursuant to the Real Estate License Act

12  of 2000. All nonparticipating members or managers shall

13  submit affidavits of nonparticipation as required by the

14  Department and the Real Estate License Act of 2000;

15  (4) the practice of clinical psychology unless all the

16  managers and members are licensed to practice as a

17  clinical psychologist under the Clinical Psychologist

18  Licensing Act;

19  (5) the practice of social work unless all the

20  managers and members are licensed to practice as a

21  clinical social worker or social worker under the Clinical

22  Social Work and Social Work Practice Act;

23  (6) the practice of marriage and family therapy unless

24  all the managers and members are licensed to practice as a

25  marriage and family therapist under the Marriage and

26  Family Therapy Licensing Act;
    HB5387 Enrolled        - 336 - LRB104 18003 AAS 31440 b

1   (7) the practice of professional counseling unless all

2   the managers and members are licensed to practice as a

3   clinical professional counselor or a professional

4   counselor under the Professional Counselor and Clinical

5   Professional Counselor Licensing and Practice Act;

6   (8) the practice of sex offender evaluation and

7   treatment unless all the managers and members are licensed

8   to practice as a sex offender evaluator or sex offender

9   treatment provider under the Sex Offender Evaluation and

10  Treatment Provider Act; or

11  (9) the practice of veterinary medicine unless all the

12  managers and members are licensed to practice as a

13  veterinarian under the Veterinary Medicine and Surgery

14  Practice Act of 2004.

15  (b) Notwithstanding any provision of this Section, any of

16 the following professional services may be combined and

17 offered within a single professional limited liability company

18 provided that each professional service is offered only by

19 persons licensed to provide that professional service and all

20 managers and members are licensed in at least one of the

21 professional services offered by the professional limited

22 liability company:

23  (1) the practice of medicine by physicians licensed

24  under the Medical Practice Act of 1987, the practice of

25  podiatry by podiatric physicians licensed under the

26  Podiatric Medical Practice Act of 1987, the practice of
    HB5387 Enrolled        - 337 - LRB104 18003 AAS 31440 b

1   dentistry by dentists licensed under the Illinois Dental

2   Practice Act, and the practice of optometry by

3   optometrists licensed under the Illinois Optometric

4   Practice Act of 1987;

5   (2) the practice of clinical psychology by clinical

6   psychologists licensed under the Clinical Psychologist

7   Licensing Act, the practice of social work by clinical

8   social workers or social workers licensed under the

9   Clinical Social Work and Social Work Practice Act, the

10  practice of marriage and family counseling by marriage and

11  family therapists licensed under the Marriage and Family

12  Therapy Licensing Act, the practice of professional

13  counseling by professional counselors and clinical

14  professional counselors licensed under the Professional

15  Counselor and Clinical Professional Counselor Licensing

16  and Practice Act, and the practice of sex offender

17  evaluation and treatment by sex offender evaluators and

18  sex offender treatment providers licensed under the Sex

19  Offender Evaluation and Treatment Provider Act;

20  (3) the practice of architecture by persons licensed

21  under the Illinois Architecture Practice Act of 1989, the

22  practice of professional engineering by persons licensed

23  under the Professional Engineering Practice Act of 1989,

24  the practice of structural engineering by persons licensed

25  under the Structural Engineering Practice Act of 1989, and

26  the practice of land surveying by persons licensed under
    HB5387 Enrolled  - 338 - LRB104 18003 AAS 31440 b

1   the Illinois Professional Land Surveyor Act of 1989; or

2   (4) the practice of acupuncture by persons licensed

3   under the Acupuncture Practice Act, the practice of

4   massage by persons licensed under the Massage Licensing

5   Act, the practice of naprapathy by persons licensed under

6   the Naprapathic Practice Act, the practice of occupational

7   therapy by persons licensed under the Illinois

8   Occupational Therapy Practice Act, the practice of

9   physical therapy by persons licensed under the Illinois

10  Physical Therapy Act, and the practice of speech-language

11  pathology by persons licensed under the Illinois

12  Speech-Language Pathology and Audiology Practice Act; or.

13  (5) services provided by persons licensed under the

14  Barber, Cosmetology, Esthetics, Hair Braiding, and Nail

15  Technology Act of 1985, the practice of massage therapy by

16  persons licensed under the Massage Therapy Practice Act,

17  and the practice of electrology by persons licensed under

18  the Electrologist Licensing Act.

19 (Source: P.A. 102-970, eff. 5-27-22.)

20  Section 99. Effective date. This Act takes effect upon

21 becoming law.
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