Bill Amendment: IL HB3721 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: NATUROPATHIC MEDICAL PRACTICE

Status: 2025-01-07 - Session Sine Die [HB3721 Detail]

Download: Illinois-2023-HB3721-House_Amendment_001.html

---

Rep. Terra Costa Howard

Filed: 4/1/2024

10300HB3721ham001 LRB103 30237 RTM 71288 a
AMENDMENT TO HOUSE BILL 3721
AMENDMENT NO. ______. Amend House Bill 3721 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Naturopathic Medical Practice Act.
Section 5. Purpose and findings. The practice of
naturopathic medicine in the State is declared to affect the
public health, safety, and welfare and to be subject to
regulation and control in the public interest. It is further
declared to be a matter of public interest that naturopathic
doctors and the practice of naturopathic medicine, as defined
in this Act, merit the confidence of the public, that only
qualified persons be authorized to practice naturopathic
medicine in the State, and that no person shall practice
naturopathic medicine without a valid existing license to do
so.

10300HB3721ham001 - 2 - LRB103 30237 RTM 71288 a
The State is facing an unprecedented physician shortage in
urban counties and an even higher shortage in rural counties.
The COVID-19 pandemic increased that shortage exponentially.
Naturopathic doctors with a proper scope of practice can help
fill this void.
The General Assembly recognizes that naturopathic doctors
comprise a distinct health care profession that affects the
public health, safety, and welfare and that licensure of
naturopathic doctors will increase freedom of choice in health
care and help address the physician shortage in the State.
This Act shall be liberally construed to best carry out these
subjects and purposes.
Section 10. Definitions. In this Act:
"Approved naturopathic medical educational program" means
an educational program that the Board has approved as meeting
the requirements of Section 20 of this Act and that prepares
naturopathic doctors for the practice of naturopathic
medicine.
"Association" means an entity that is approved by the
American Association of Naturopathic Physicians and that
represents the interests of naturopathic doctors in this
State.
"Board" means the Naturopathic Medical Board established
under Section 55 of this Act.
"Clinical laboratory procedure" means the use of

10300HB3721ham001 - 3 - LRB103 30237 RTM 71288 a
venipuncture consistent with naturopathic medical practice,
commonly used diagnostic modalities consistent with
naturopathic practice, the recording of a patient's health
history, physical examination, ordering and interpretation of
radiographic diagnostics and other standard imaging and
examination of body orifices, excluding endoscopy and
colonoscopy. "Clinical laboratory procedure" includes the
practice of obtaining samples of human tissues, except
surgical excision beyond surgical excision that is authorized
as a minor office procedure.
"Drug" has meaning given in Section 102 of the Illinois
Controlled Substances Act.
"Homeopathic medicine" means a system of medicine based on
the use of infinitesimal doses of substances capable of
producing symptoms similar to those of the disease treated, as
listed in the Homeopathic Pharmacopoeia of the United States.
"Hygiene" means the use of preventive techniques,
including personal hygiene for asepsis, public health, and
safety.
"Laboratory examination" means:
(1) phlebotomy;
(2) a clinical laboratory procedure;
(3) an orificial examination;
(4) a physiological function test; and
(5) a screening or test that is consistent with
naturopathic education and training.

10300HB3721ham001 - 4 - LRB103 30237 RTM 71288 a
"Legend drug" has the same meaning as set forth in Section
3.23 of the Illinois Food, Drug and Cosmetic Act.
"License" means a license issued by the Board to an
individual pursuant to this Act and rules authorizing that
individual to practice naturopathic medicine in this State.
"Licensee" means a naturopathic doctor licensed by the
Board to practice naturopathic medicine in this State.
"Minor office procedure" means minor surgical care and
procedures, including:
(1) surgical care incidental to superficial
laceration, lesion, or abrasion, excluding surgical care
to treat a lesion suspected of malignancy;
(2) the removal of foreign bodies located in
superficial structures, excluding the globe of the eye;
(3) trigger point therapy;
(4) dermal stimulation;
(5) allergy testing and treatment; and
(6) the use of antiseptics and topical or local
anesthetics.
"Naturopathic doctor" means an individual licensed under
this Act as a naturopathic doctor to practice naturopathic
medicine in this State.
"Naturopathic medicine" means:
(1) a system of health care for the prevention,
diagnosis and treatment of human health conditions,
injury, and disease;

10300HB3721ham001 - 5 - LRB103 30237 RTM 71288 a
(2) the promotion or restoration of health; and
(3) the support and stimulation of a patient's
inherent self-healing processes through patient education
and the use of naturopathic therapies and therapeutic
substances.
"Naturopathic physical medicine" means the use of one or
more of the following physical agents in a manner consistent
with naturopathic medical practice on a part or the whole of
the body, by hand or by mechanical means, in the resolution of
a human ailment or conditions:
(1) air;
(2) water;
(3) heat;
(4) cold;
(5) sound;
(6) light;
(7) electromagnetism;
(8) colon hydrotherapy;
(9) soft tissue therapy;
(10) joint mobilization;
(11) therapeutic exercise; or
(12) naturopathic manipulation.
"Naturopathic therapy" means the use of:
(1) naturopathic physical medicine;
(2) suggestion;
(3) hygiene;

10300HB3721ham001 - 6 - LRB103 30237 RTM 71288 a
(4) a therapeutic substance;
(5) nutrition and food science;
(6) homeopathic medicine;
(7) a clinical laboratory procedure; or
(8) a minor office procedure.
"Nutrition and food science" means the prevention and
treatment of disease or other human conditions through the use
of food, water, herbs, roots, bark, or natural food elements.
"Prescription" has the same meaning as set forth in
Section 3 of the Pharmacy Practice Act.
"Professional examination" means a competency based
naturopathic doctor licensing examination as determined by
Department rule.
"Suggestion" means a technique using:
(1) biofeedback;
(2) hypnosis;
(3) health education; or
(4) health counseling.
"Telehealth" or "telepractice" means the delivery of
services under this Act by using electronic communication,
information technologies, or other means between an individual
licensed under this Act in one location and a patient or client
in another location, with or without an intervening healthcare
provider. "Telehealth" or "telepractice" includes direct,
interactive patient encounters, asynchronous
store-and-forward technologies, and remote monitoring.

10300HB3721ham001 - 7 - LRB103 30237 RTM 71288 a
Telehealth or telepractice is not prohibited under this Act
provided that the provision of telehealth or telepractice
services is appropriate for the client and the level of care
provided meets the required level of care for that client.
Individuals providing services regulated by this Act via
telepractice shall comply with and are subject to all
licensing and disciplinary provisions of this Act.
"Therapeutic substance" means any of the following
exemplified in a standard naturopathic medical text, journal,
or pharmacopeia:
(1) a vitamin;
(2) a mineral;
(3) a nutraceutical;
(4) a botanical medicine;
(5) oxygen;
(6) a homeopathic medicine;
(7) a hormone;
(8) a hormonal or pharmaceutical contraceptive device;
or
(9) other physiologic substance.
Section 15. Qualifications for licensure. The Board shall
license an applicant who:
(1) submits, in accordance with rules of the
Department, the following items to the Board:
(A) an application for licensure designed and

10300HB3721ham001 - 8 - LRB103 30237 RTM 71288 a
approved by the Board and submitted in accordance with
rules of the Department;
(B) an application fee submitted in an amount and
manner established by rules of the Department;
(C) evidence that the applicant has graduated from
a Council on Naturopathic Medical Education or an
equivalent federally recognized accrediting body,
approved naturopathic medical education program;
(D) evidence that the applicant has passed a
professional examination authorized by rule of the
Department and administered by the North American
Board of Naturopathic Examiners or its successor;
(E) evidence that the applicant has passed a
pharmacy examination authorized by rules of the
Department and administered by the North American
Board of Naturopathic Examiners or its successor;
(F) evidence that the applicant has passed a minor
surgery examination authorized by rules of the
Department and administered by the North American
Board of Naturopathic Examiners or its successor; and
(G) evidence of professional liability insurance
with policy limits not less than prescribed by the
Department;
(2) is determined by the Board to be physically and
mentally capable of safely practicing naturopathic
medicine with or without reasonable accommodation; and

10300HB3721ham001 - 9 - LRB103 30237 RTM 71288 a
(3) has not had a license to practice naturopathic
medicine or other health care license, registration, or
certificate refused, revoked, or suspended by any other
jurisdiction for reasons that relate to the applicant's
ability to skillfully and safely practice naturopathic
medicine unless that license, registration, or
certification has been restored to good standing by that
jurisdiction.
Section 20. Approved naturopathic medical educational
program. The Department shall establish, by rule, guidelines
for an approved naturopathic medical educational program,
which guidelines shall meet the following requirements and the
Department's specifications for the education of naturopathic
doctors. The approved naturopathic medical educational program
shall:
(1) offer graduate-level, full-time didactic and
supervised clinical training;
(2) be accredited, or have achieved candidacy status
for accreditation, by the Council on Naturopathic Medical
Education or an equivalent federally recognized
accrediting body for naturopathic medical programs that is
also recognized by the Department; and
(3) be conducted by an institution of higher
education, or a division of an institution of higher
education, that:

10300HB3721ham001 - 10 - LRB103 30237 RTM 71288 a
(A) is accredited or is a candidate for
accreditation by a regional or national institutional
accrediting agency recognized by the United States
Secretary of Education or a diploma-granting,
degree-equivalent college or university; or
(B) meets equivalent standards for recognition of
accreditation established by rules of the Department
for medical education programs offered in Canada.
Section 25. Display of license. A licensee shall display
the licensee's license in the licensee's place of business in
a location clearly visible to the licensee's patients and
shall also display evidence of the licensee having completed
an approved naturopathic medical educational program.
Section 27. Written collaborative agreements.
(a) A written collaborative agreement is required for all
naturopathic doctors engaged in clinical practice.
(b) A written collaborative agreement shall describe the
relationship between the naturopathic doctor and the
collaborating physician and shall describe the categories of
care, treatment, or procedures to be provided by the
naturopathic doctor. Collaboration does not require an
employment relationship between the collaborating physician
and the naturopathic doctor.
The collaborative relationship established under an

10300HB3721ham001 - 11 - LRB103 30237 RTM 71288 a
agreement shall not be construed to require the personal
presence of a collaborating physician at the place where
services are rendered. Methods of communication for
consultation with the collaborating physician in person or by
telecommunications or electronic communications shall be
available as set forth in the written agreement.
(c) Absent an employment relationship, a written
collaborative agreement under this Section may not:
(1) restrict the categories of patients of a
naturopathic doctor within the scope of the naturopathic
doctor's training and experience;
(2) limit third party payors or government health
programs; or
(3) limit the geographic area or practice location of
the naturopathic doctor in this State.
(d) A copy of the signed, written collaborative agreement
must be available to the Department upon request from both the
naturopathic doctor and the collaborating physician.
(e) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons in accordance with Section 54.2 of the Medical
Practice Act of 1987. Nothing in this Act shall be construed to
limit the method of delegation that may be authorized by any
means, including, but not limited to, verbal, written,
electronic, or standing orders, protocols, or guidelines.

10300HB3721ham001 - 12 - LRB103 30237 RTM 71288 a
(f) Nothing in this Act shall be construed to authorize a
naturopathic doctor to provide health care services required
by law or rule to be performed by a physician. The scope of
practice of a naturopathic doctor does not include operative
surgery. Nothing in this Section shall be construed to
preclude a naturopathic doctor from assisting in surgery.
(g) A naturopathic doctor shall inform each collaborating
physician, dentist, or podiatric physician of all
collaborative agreements the naturopathic doctor has signed
and provide a copy of those agreements to any collaborating
physician, dentist, or podiatric physician upon request.
Section 30. Scope of practice.
(a) A licensee may practice naturopathic medicine to
provide primary care in alignment with naturopathic medical
education to:
(1) perform physical examinations;
(2) order laboratory examinations;
(3) order diagnostic imaging studies;
(4) interpret the results of laboratory examinations
for diagnostic purposes;
(5) order and, based on a radiologist's report, take
action on diagnostic imaging studies in a manner
consistent with naturopathic training;
(6) prescribe, administer, dispense, and order food,
extracts of food, nutraceuticals, vitamins, amino acids,

10300HB3721ham001 - 13 - LRB103 30237 RTM 71288 a
minerals, enzymes, botanicals and their extracts,
botanical medicines, homeopathic medicines, dietary
supplements, and nonprescription drugs as defined by the
Federal Food, Drug, and Cosmetic Act;
(7) dispense and order all legend drugs in the regular
course of practicing naturopathic medicine. The dispensing
of such legend drugs shall be the personal act of the
person licensed under this Act and may not be delegated to
any other person not licensed under this Act or the
Pharmacy Practice Act unless such delegated dispensing
functions are under the direct supervision of the
physician authorized to dispense legend drugs. Except when
dispensing manufacturers' samples or other legend drugs in
a maximum 72 hour supply, persons licensed under this Act
shall maintain a book or file of prescriptions as required
in the Pharmacy Practice Act. Any person licensed under
this Act who dispenses any drug or medicine shall dispense
such drug or medicine in good faith and shall affix to the
box, bottle, vessel or package containing the same a label
indicating (i) the date on which such drug or medicine is
dispensed; (ii) the name of the patient; (iii) the last
name of the person dispensing such drug or medicine; (iv)
the directions for use thereof; and (v) the proprietary
name or names or, if there are none, the established name
or names of the drug or medicine, the dosage and quantity,
except as otherwise authorized by regulation of the

10300HB3721ham001 - 14 - LRB103 30237 RTM 71288 a
Department;
(8) use routes of administration that include oral,
nasal, auricular, and intramuscular rules of
administration, consistent with the education and training
of a naturopathic doctor;
(9) administer intramuscular injections of vaccines;
(10) perform naturopathic physical medicine;
(11) employ the use of naturopathic therapy;
(12) use therapeutic devices, barrier contraception,
hormonal and pharmaceutical contraception, and durable
medical equipment; or
(13) perform minor office procedures that can be
performed with topicals or intramuscular injectables.
(b) A licensee may practice naturopathic medicine via
telehealth services.
Section 35. Referral requirement. A licensee shall refer
to a physician licensed to practice medicine in all of its
branches under the Medical Practice Act of 1987 or an advanced
practice registered nurse licensed under the Nurse Practice
Act any patient whose medical condition is determined, at the
time of evaluation or treatment, to be beyond the scope of
practice of the licensee.
Section 40. Prohibitions. A licensee shall not:
(1) perform surgery outside of the scope of minor

10300HB3721ham001 - 15 - LRB103 30237 RTM 71288 a
office procedures permitted in the employment of
naturopathic therapy;
(2) use general or spinal anesthetics;
(3) administer ionizing radioactive substances for
therapeutic purposes;
(4) perform a surgical procedure using a laser device;
(5) perform a surgical procedure involving any of the
following areas of the body that extend beyond superficial
tissue:
(A) eyes;
(B) ears;
(C) tendons;
(D) nerves;
(E) veins; or
(F) arteries;
(6) perform a surgical abortion;
(7) treat any lesion suspected of malignancy or
requiring surgical removal; or
(8) perform acupuncture.
Section 45. Exemptions. Nothing in this Act shall be
construed to prohibit or to restrict:
(1) the practice of a health care profession by an
individual who is licensed, certified, or registered under
other laws of this State and who is performing services
within the individual's authorized scope of practice;

10300HB3721ham001 - 16 - LRB103 30237 RTM 71288 a
(2) the practice of naturopathic medicine by a student
enrolled in an approved naturopathic medical educational
program if the practice of naturopathic medicine by a
student is performed pursuant to a course of instruction
or an assignment from an instructor at an accredited
university or college by an instructor duly licensed as a
health care provider in the State;
(3) any person who sells a vitamin or herb from
providing information about the vitamin or herb;
(4) the practice of naturopathic medicine by persons
who are licensed to practice in any other state or
district in the United States and who enter this State to
consult with a naturopathic doctor of this State if the
consultation is limited to an examination or
recommendation; or
(5) any person or practitioner who is not licensed as
a naturopathic doctor from recommending ayurvedic
medicine, herbal remedies, nutritional advice, homeopathy,
or other therapy that is within the scope of practice of
naturopathic medicine; however, the person or practitioner
shall not:
(A) use a title protected pursuant to Section 50
of this Act;
(B) represent or assume the character or
appearance of a licensee; or
(C) otherwise use a name, title, or other

10300HB3721ham001 - 17 - LRB103 30237 RTM 71288 a
designation that indicates or implies that the person
is a licensee.
Section 50. Protected titles.
(a) A licensee shall use the title "naturopathic doctor",
"naturopath", or "doctor of naturopathy" and the recognized
abbreviation "N.D.".
(b) A licensee has the exclusive right to use the
following terms in reference to the licensee's self:
(1) "naturopathic doctor";
(2) "doctor of naturopathic medicine";
(3) "doctor of naturopathy";
(4) "naturopath";
(5) "N.D."; and
(6) "ND".
(c) An individual represents the individual's self to be a
naturopathic doctor or a naturopathic doctor when the
individual uses or adopts any of the following terms in
reference to the individual's self:
(1) "naturopathic doctor";
(2) "doctor of naturopathic medicine";
(3) "doctor of naturopathy";
(4) "naturopath";
(5) "N.D."; or
(6) "ND".
(d) An individual shall not represent the individual's

10300HB3721ham001 - 18 - LRB103 30237 RTM 71288 a
self to the public as a naturopathic doctor, a doctor of
naturopathic medicine, a doctor of naturopathy, or as being
otherwise authorized to practice naturopathic medicine in this
State, unless the individual is a licensee.
Section 55. Naturopathic Medical Board.
(a) The Naturopathic Medical Board shall oversee:
(1) licensure of naturopathic doctors; and
(2) matters relating to training and licensure of
naturopathic doctors.
(b) Within 180 days after the effective date of this Act,
the Governor shall appoint an initial Board consisting of 2
members for terms of 4 years each, 3 members for terms of 3
years each, and 4 members for terms of 2 years each. The
initial Board shall consist of the following voting members:
(1) five licensed naturopathic doctors who are
residents of the State;
(2) two practicing physicians licensed to practice
medicine in all of its branches; and
(3) two public members who are residents of this
State, who are not, and never have been, a licensed health
care practitioner, and who do not have an interest in
naturopathic education, naturopathic medicine, or
naturopathic business or practice.
Members of the Board may be recommended to the Governor by
the Illinois Association of Naturopathic Physicians.

10300HB3721ham001 - 19 - LRB103 30237 RTM 71288 a
(c) As the terms of the initial Board members expire, the
Governor shall appoint successors for terms of 4 years each as
follows:
(1) five naturopathic doctors licensed pursuant to
this Act;
(2) two practicing physicians licensed to practice
medicine in all of its branches with experience working
with naturopathic doctors; and
(3) two public members that are residents of this
State who are not, and never have been, a licensed health
care practitioner and who do not have an interest in
naturopathic education, naturopathic medicine or
naturopathic business or practice.
(d) Within 30 days after the Board is established, the
Board shall call the first meeting, at which meeting members
shall elect a chair. The Board may hold meetings at the call of
the chair or at the written request of any 2 members of the
Board.
(e) Vacancies on the Board shall be filled from a list of
not fewer than 3 candidates.
(f) A majority of the Board shall constitute a quorum.
(g) Members of the Board shall serve without compensation
but may, at the discretion of the Board, be reimbursed for
their expenses incurred in performing their duties.
(h) The Department of Financial and Professional
Regulation shall provide administrative and other support to

10300HB3721ham001 - 20 - LRB103 30237 RTM 71288 a
the Board.
Section 60. Board duties. The Board shall have the
following duties:
(1) regulating the licensure of naturopathic doctors
and determining the hours of continuing education units
required for maintaining licensure as a naturopathic
doctor;
(2) prescribing the manner in which records of
examinations and treatments shall be kept and maintained;
(3) establishing standards for professional
responsibility and conduct;
(4) identifying disciplinary actions and circumstances
that require disciplinary action;
(5) developing a means to provide information to all
licensees in this State;
(6) providing for the investigation of complaints
against licensees or persons holding themselves out as
naturopathic doctors in this State;
(7) providing for the publication of information for
the public about licensees and the practice of
naturopathic medicine in this State;
(8) providing for an orderly process for reinstatement
of a license;
(9) establishing criteria for advertising or
promotional materials;

10300HB3721ham001 - 21 - LRB103 30237 RTM 71288 a
(10) establishing continuing education hours and
content;
(11) establishing procedures and standards for
reviewing licensing examination scores; and
(12) establishing procedures for reviewing transcripts
demonstrating completion of the approved naturopathic
medical educational program;
(13) establishing and maintaining a list of
naturopathic medical education programs that meet the
requirements of Section 20;
(14) establishing the requirements for issuance and
renewal of licenses; and
(15) any other matter necessary to implement this Act.
Section 65. License expiration, renewal, denial,
revocation, and continuing education.
(a) A license issued or renewed pursuant to this Act shall
expire in a time frame determined by rule by the Department.
(b) The Board may renew the license of any licensee who,
upon the expiration of the licensee's license:
(1) has submitted an application for renewal;
(2) has paid the renewal fee established by rules of
the Department;
(3) meets the qualifications for licensure set forth
in this Act and rules of the Department; and
(4) meets the continuing education requirements

10300HB3721ham001 - 22 - LRB103 30237 RTM 71288 a
established by the Board.
(c) If the Board intends to refuse to issue or renew,
revoke, or suspend a license, the Department shall grant the
applicant or licensee an opportunity for a hearing.
Section 70. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the
following causes:
(1) material misstatement in furnishing information to
the Department;
(2) violations of this Act, or the rules adopted under
this Act;
(3) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is: (i) a felony;
or (ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession;

10300HB3721ham001 - 23 - LRB103 30237 RTM 71288 a
(4) making any misrepresentation for the purpose of
obtaining licenses;
(5) professional incompetence;
(6) aiding or assisting another person in violating
any provision of this Act or its rules;
(7) failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a naturopathic doctor's inability to
practice with reasonable judgment, skill, or safety;
(10) discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
discipline is the same or substantially equivalent to
those set forth in this Section;
(11) directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate or other form of
compensation for any professional services not actually or
personally rendered. Nothing in this paragraph (11)
affects any bona fide independent contractor or employment
arrangements, which may include provisions for
compensation, health insurance, pension, or other

10300HB3721ham001 - 24 - LRB103 30237 RTM 71288 a
employment benefits, with persons or entities authorized
under this Act for the provision of services within the
scope of the licensee's practice under this Act;
(12) abandonment of a patient;
(13) willfully making or filing false records or
reports in the individual's practice, including, but not
limited to, false records filed with state agencies or
departments;
(14) physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but
not limited to, deterioration through the aging process or
loss of motor skill;
(15) being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(16) gross negligence resulting in permanent injury or
death of a patient;
(17) employment of fraud, deception or any unlawful
means in applying for or securing a license under this
Act;
(18) immoral conduct in the commission of any act,

10300HB3721ham001 - 25 - LRB103 30237 RTM 71288 a
such as sexual abuse, sexual misconduct, or sexual
exploitation related to the licensee's practice;
(19) practicing under a false or assumed name, except
as provided by law;
(20) making a false or misleading statement regarding
the licensee's skill or the efficacy or value of the
treatment or remedy prescribed by the licensee in the
course of treatment;
(21) allowing another person to use the licensee's
license to practice;
(22) prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance;
(23) a pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act;
(24) violating State or federal laws or regulations
relating to controlled substances or other legend drugs or
ephedra as defined in the Ephedra Prohibition Act;
(25) failure to establish and maintain records of
patient care and treatment as required by law;
(26) attempting to subvert or cheat on the required
examinations;
(27) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and

10300HB3721ham001 - 26 - LRB103 30237 RTM 71288 a
required by the Adult Protective Services Act;
(28) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act;
(29) failure to report to the Department an adverse
final action taken against the individual by another
licensing jurisdiction of the United States or a foreign
state or country, a peer review body, a health care
institution, a professional society or association, a
governmental agency, a law enforcement agency, or a court
acts or conduct similar to acts or conduct that would
constitute grounds for action under this Section; and
(30) failure to provide copies of records of patient
care or treatment, except as required by law.
(b) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, or pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until the requirements of any
such tax Act are satisfied in accordance with subsection (g)
of Section 2105-15 of the Civil Administrative Code of

10300HB3721ham001 - 27 - LRB103 30237 RTM 71288 a
Illinois.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Board to the Department
that the licensee be allowed to resume the licensee's
practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical

10300HB3721ham001 - 28 - LRB103 30237 RTM 71288 a
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department may order the examining physician or any
member of the multidisciplinary team to present testimony
concerning the mental or physical examination of the licensee
or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other

10300HB3721ham001 - 29 - LRB103 30237 RTM 71288 a
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at the
individual's own expense, another physician of the
individual's choice present during all aspects of this
examination. However, that physician shall be present only to
observe and may not interfere in any way with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of the individual's license until the individual
submits to the examination.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a

10300HB3721ham001 - 30 - LRB103 30237 RTM 71288 a
hearing by the Department.
In instances in which the Department immediately suspends
a person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that the individual can resume practice in
compliance with acceptable and prevailing standards under the
provisions of the individual's license.
(e) An individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Department, by assisting in the investigation or preparation
of a report or information, by participating in proceedings of
the Department, or by serving as a member of the Department,
shall not be subject to criminal prosecution or civil damages
as a result of such actions.
(f) Members of the Board and the Department shall be
indemnified by the State for any actions occurring within the
scope of services under the Act, done in good faith and not

10300HB3721ham001 - 31 - LRB103 30237 RTM 71288 a
willful and wanton in nature. The Attorney General shall
defend all such actions unless the Attorney General determines
either that there would be a conflict of interest in such
representation or that the actions complained of were not in
good faith or were willful and wanton.
If the Attorney General declines representation, the
member has the right to employ counsel of the member's choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
The member must notify the Attorney General within 7 days
after receipt of notice of the initiation of any action
involving services of the Board. Failure to so notify the
Attorney General constitutes an absolute waiver of the right
to a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether the Attorney General will
undertake to represent the member.
Section 75. Investigation; notice; hearing. The Department
may investigate the actions of any applicant or of any person
or persons holding or claiming to hold a license. The
Department shall, before suspending, revoking, placing on
probationary status, or taking any other disciplinary action
as the Department may deem proper with regard to any license,

10300HB3721ham001 - 32 - LRB103 30237 RTM 71288 a
at least 30 days prior to the date set for the hearing, notify
the licensee in writing of any charges made and the time and
place for a hearing of the charges before the Department,
direct the licensee to file the licensee's written answer
thereto to the Department under oath within 20 days after the
service on the licensee of such notice and inform the licensee
that if the licensee fails to file such answer, default will be
taken against the licensee and the license may be suspended,
revoked, placed on probationary status, or have other
disciplinary action, including limiting the scope, nature or
extent of the licensee's practice, as the Department may deem
proper taken with regard thereto. Written or electronic notice
may be served by personal delivery, email, or mail to the
applicant or licensee at the licensee's address of record or
email address of record. At the time and place fixed in the
notice, the Department shall proceed to hear the charges and
the parties or their counsel shall be accorded ample
opportunity to present such statements, testimony, evidence,
and argument as may be pertinent to the charges or to the
defense thereto. The Department may continue such hearing from
time to time. In case the applicant or licensee, after
receiving notice, fails to file an answer, the licensee's
license may in the discretion of the Secretary, having
received first the recommendation of the Department, be
suspended, revoked, placed on probationary status, or the
Department may take whatever disciplinary action as the

10300HB3721ham001 - 33 - LRB103 30237 RTM 71288 a
Department may deem proper, including limiting the scope,
nature, or extent of such person's practice, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act.
Section 80. Record of proceedings. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case involving the refusal to issue or
renew a license or discipline a licensee. The notice of
hearing, complaint, and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Department, and
orders of the Department shall be the record of such
proceeding.
Section 85. Confidentiality. All information collected by
the Department in the course of an examination or
investigation of a licensee or applicant, including, but not
limited to, any complaint against a licensee filed with the
Department and information collected to investigate any such
complaint, shall be maintained for the confidential use of the
Department and shall not be disclosed. The Department shall
not disclose the information to anyone other than law
enforcement officials, regulatory agencies that have an
appropriate regulatory interest as determined by the
Department, or a party presenting a lawful subpoena to the

10300HB3721ham001 - 34 - LRB103 30237 RTM 71288 a
Department. Information and documents disclosed to a federal,
State, county, or local law enforcement agency shall not be
disclosed by the agency for any purpose to any other agency or
person. A formal complaint filed against a licensee by the
Department or any order issued by the Department against a
licensee or applicant shall be a public record, except as
otherwise prohibited by law.
Section 90. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
paragraph (d) of Section 10-65 of the Illinois Administrative
Procedure Act, which provides that at hearings the licensee or
person holding a license has the right to show compliance with
all lawful requirements for retention or continuation of the
license, is specifically excluded. For the purpose of this
Act, the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when
personally served, mailed to the address of record of the
applicant or licensee, or emailed to the email address of
record of the applicant or licensee.
Section 95. The Medical Practice Act of 1987 is amended by
changing Section 54.5 as follows:

10300HB3721ham001 - 35 - LRB103 30237 RTM 71288 a
(225 ILCS 60/54.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 54.5. Physician delegation of authority to physician
assistants, advanced practice registered nurses without full
practice authority, and prescribing psychologists, and
naturopathic doctors.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of 1987.
A physician licensed to practice medicine in all its branches
may enter into collaborative agreements with no more than 7
full-time equivalent physician assistants, except in a
hospital, hospital affiliate, or ambulatory surgical treatment
center as set forth by Section 7.7 of the Physician Assistant
Practice Act of 1987 and as provided in subsection (a-5).
(a-5) A physician licensed to practice medicine in all its
branches may collaborate with more than 7 physician assistants
when the services are provided in a federal primary care
health professional shortage area with a Health Professional
Shortage Area score greater than or equal to 12, as determined
by the United States Department of Health and Human Services.
The collaborating physician must keep appropriate
documentation of meeting this exemption and make it available
to the Department upon request.
(b) A physician licensed to practice medicine in all its

10300HB3721ham001 - 36 - LRB103 30237 RTM 71288 a
branches in active clinical practice may collaborate with an
advanced practice registered nurse in accordance with the
requirements of the Nurse Practice Act. Collaboration is for
the purpose of providing medical consultation, and no
employment relationship is required. A written collaborative
agreement shall conform to the requirements of Section 65-35
of the Nurse Practice Act. The written collaborative agreement
shall be for services for which the collaborating physician
can provide adequate collaboration. A written collaborative
agreement shall be adequate with respect to collaboration with
advanced practice registered nurses if all of the following
apply:
(1) The agreement is written to promote the exercise
of professional judgment by the advanced practice
registered nurse commensurate with his or her education
and experience.
(2) The advanced practice registered nurse provides
services based upon a written collaborative agreement with
the collaborating physician, except as set forth in
subsection (b-5) of this Section. With respect to labor
and delivery, the collaborating physician must provide
delivery services in order to participate with a certified
nurse midwife.
(3) Methods of communication are available with the
collaborating physician in person or through
telecommunications for consultation, collaboration, and

10300HB3721ham001 - 37 - LRB103 30237 RTM 71288 a
referral as needed to address patient care needs.
(b-5) An anesthesiologist or physician licensed to
practice medicine in all its branches may collaborate with a
certified registered nurse anesthetist in accordance with
Section 65-35 of the Nurse Practice Act for the provision of
anesthesia services. With respect to the provision of
anesthesia services, the collaborating anesthesiologist or
physician shall have training and experience in the delivery
of anesthesia services consistent with Department rules.
Collaboration shall be adequate if:
(1) an anesthesiologist or a physician participates in
the joint formulation and joint approval of orders or
guidelines and periodically reviews such orders and the
services provided patients under such orders; and
(2) for anesthesia services, the anesthesiologist or
physician participates through discussion of and agreement
with the anesthesia plan and is physically present and
available on the premises during the delivery of
anesthesia services for diagnosis, consultation, and
treatment of emergency medical conditions. Anesthesia
services in a hospital shall be conducted in accordance
with Section 10.7 of the Hospital Licensing Act and in an
ambulatory surgical treatment center in accordance with
Section 6.5 of the Ambulatory Surgical Treatment Center
Act.
(b-10) The anesthesiologist or operating physician must

10300HB3721ham001 - 38 - LRB103 30237 RTM 71288 a
agree with the anesthesia plan prior to the delivery of
services.
(c) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with a
naturopathic doctor in accordance with the requirements of the
Naturopathic Medical Practice Act. Collaboration is for the
purpose of providing medical consultation, and no employment
relationship is required. A written collaborative agreement
shall conform to the requirements of Section 27 of the
Naturopathic Medical Practice Act. The written collaborative
agreement shall be for services for which the collaborating
physician can provide adequate collaboration. A written
collaborative agreement shall be adequate with respect to
collaboration with naturopathic doctors if all of the
following apply:
(1) The agreement is written to promote the exercise
of professional judgment by the naturopathic doctor
commensurate with his or her education and experience.
(2) The naturopathic doctor provides services based
upon a written collaborative agreement with the
collaborating physician.
(3) Methods of communication with the collaborating
physician in person or through telecommunications for
consultation, collaboration, and referral as needed to
address patient care needs are available.
(d) (c) The collaborating physician shall have access to

10300HB3721ham001 - 39 - LRB103 30237 RTM 71288 a
the medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to
the medical records of all patients attended to by an advanced
practice registered nurse.
(d) (Blank).
(e) A physician shall not be liable for the acts or
omissions of a prescribing psychologist, physician assistant,
or advanced practice registered nurse or naturopathic doctor
solely on the basis of having signed a supervision agreement
or guidelines or a collaborative agreement, an order, a
standing medical order, a standing delegation order, or other
order or guideline authorizing a prescribing psychologist,
physician assistant, or advanced practice registered nurse or
naturopathic doctor to perform acts, unless the physician has
reason to believe the prescribing psychologist, physician
assistant, or advanced practice registered nurse or
naturopathic doctor lacked the competency to perform the act
or acts or commits willful and wanton misconduct.
(f) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice
registered nurse as part of a written collaborative agreement,
and the delegation of prescriptive authority shall conform to
the requirements of Section 65-40 of the Nurse Practice Act.
(g) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement, and the delegation

10300HB3721ham001 - 40 - LRB103 30237 RTM 71288 a
of prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(h) (Blank).
(i) A collaborating physician shall delegate prescriptive
authority to a prescribing psychologist as part of a written
collaborative agreement, and the delegation of prescriptive
authority shall conform to the requirements of Section 4.3 of
the Clinical Psychologist Licensing Act.
(j) As set forth in Section 22.2 of this Act, a licensee
under this Act may not directly or indirectly divide, share,
or split any professional fee or other form of compensation
for professional services with anyone in exchange for a
referral or otherwise, other than as provided in Section 22.2.
(Source: P.A. 103-228, eff. 1-1-24.)