Bill Amendment: IL SB0345 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: AUTISM AWARENESS ACT

Status: 2016-08-12 - Public Act . . . . . . . . . 99-0788 [SB0345 Detail]

Download: Illinois-2015-SB0345-Senate_Amendment_001.html

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Sen. Don Harmon

Filed: 4/15/2016

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AMENDMENT TO SENATE BILL 345
AMENDMENT NO. ______. Amend Senate Bill 345 by replacing
everything after the enacting clause with the following:
"Section 1. This Act may be referred to as the Treatment
Considerations and Rights for Persons Diagnosed with Autism and
Co-Occurring Medical Conditions Act.
Section 5. Findings. The General Assembly finds the
following:
(1) The medical consensus is that autism is an
ideopathic disease that has complex and multiple
etiologies. The development of autism appears to be a
complex interaction of multiple genetic and environmental
factors. Both the prevalence and incidence of autism has
risen in recent decades.
(2) The Centers for Disease Control estimates that one
in 68 children born in 2002 and one in 42 boys have been

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identified with autism.
(3) A 2012 survey conducted by the Centers for Disease
Control of U.S. households estimated one in 50 children
ages 6 to 17 has an autism spectrum disorder.
(4) Autism spectrum disorders occur among all racial,
ethnic, and socioeconomic groups.
(5) Autism spectrum disorders are almost 5 times more
common among boys than among girls.
(6) According to the Centers for Disease Control,
autism rates increased 78% between 2002 and 2008. The most
recent estimate is roughly 30% higher than the estimate for
2008 (one in 88), 60% higher than the estimate for 2006
(one in 110), and 120% higher than the estimates for 2000
and 2002 (one in 150).
(7) While autism spectrum disorders have primarily
been diagnosed in measuring deficits in the areas of
communication, socialization, and behavior, recent
clinical and scientific investigations have determined
that co-occurring pathophysiological conditions may occur
more commonly in persons also diagnosed with autism, the
symptoms of which may be overlooked and mistaken as
behavioral. These pathologies include, but are not limited
to, allergies, autoimmune conditions, gastrointestinal
diseases, immune dysregulation, metabolic disturbances,
mitochondrial abnormalities, oxidative stress,
neuroinflammation, and seizure disorders.

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(8) Scientific inquiry is providing evidence of
biological markers, including, but not limited to, single
nucleotide polymorphisms, indications of cellular
inflammation, increased cellular oxidation and damage, and
abnormal DNA methylation, that may be clinically
significant in the provision of appropriate medical care
for persons also diagnosed with an autism spectrum
disorder.
Therefore, it is the intention of the General Assembly to
promote a greater awareness and the detection, diagnosis, and
treatment of underlying and co-occurring medical conditions
that occur more commonly in persons with autism to further
awareness, scientific understanding, and health outcomes for
persons living with autism.
Public and private partnerships elucidating the discovery
of biomarkers and their implications in pathophysiological
conditions shall be encouraged and information derived from
such discoveries shall be disseminated to medical
professionals and made available to the general public through
research initiatives that may be promoted by universities,
medical clinics, health care providers, consortiums, State
agencies, private and public organizations, and any party that
may contribute to the scientific understanding of medical
conditions associated or occurring more often in persons also
diagnosed with an autism spectrum disorder than in the general
population.

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Section 10. The Illinois Insurance Code is amended by
changing Section 356z.14 and by adding Section 356z.24 as
follows:
(215 ILCS 5/356z.14)
Sec. 356z.14. Autism spectrum disorders.
(a) A group or individual policy of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed after the effective date of this amendatory Act of the
95th General Assembly must provide individuals under 21 years
of age coverage for the diagnosis of autism spectrum disorders
and for the treatment of autism spectrum disorders to the
extent that the diagnosis and treatment of autism spectrum
disorders are not already covered by the policy of accident and
health insurance or managed care plan.
(b) Coverage provided under this Section shall be subject
to a maximum benefit of $36,000 per year, but shall not be
subject to any limits on the number of visits to a service
provider. After December 30, 2009, the Director of the Division
of Insurance shall, on an annual basis, adjust the maximum
benefit for inflation using the Medical Care Component of the
United States Department of Labor Consumer Price Index for All
Urban Consumers. Payments made by an insurer on behalf of a
covered individual for any care, treatment, intervention,
service, or item, the provision of which was for the treatment

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of a health condition not diagnosed as an autism spectrum
disorder, shall not be applied toward any maximum benefit
established under this subsection.
(c) Coverage under this Section shall be subject to
copayment, deductible, and coinsurance provisions of a policy
of accident and health insurance or managed care plan to the
extent that other medical services covered by the policy of
accident and health insurance or managed care plan are subject
to these provisions.
(d) This Section shall not be construed as limiting
benefits that are otherwise available to an individual under a
policy of accident and health insurance or managed care plan
and benefits provided under this Section may not be subject to
dollar limits, deductibles, copayments, or coinsurance
provisions that are less favorable to the insured than the
dollar limits, deductibles, or coinsurance provisions that
apply to physical illness generally.
(e) An insurer may not deny or refuse to provide otherwise
covered services, or refuse to renew, refuse to reissue, or
otherwise terminate or restrict coverage under an individual
contract to provide services to an individual because the
individual or their dependent is diagnosed with an autism
spectrum disorder or due to the individual utilizing benefits
in this Section.
(f) Upon request of the reimbursing insurer, a provider of
treatment for autism spectrum disorders shall furnish medical

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records, clinical notes, or other necessary data that
substantiate that initial or continued medical treatment is
medically necessary and is resulting in improved clinical
status. When treatment is anticipated to require continued
services to achieve demonstrable progress, the insurer may
request a treatment plan consisting of diagnosis, proposed
treatment by type, frequency, anticipated duration of
treatment, the anticipated outcomes stated as goals, and the
frequency by which the treatment plan will be updated.
(g) When making a determination of medical necessity for a
treatment modality for autism spectrum disorders, an insurer
must make the determination in a manner that is consistent with
the manner used to make that determination with respect to
other diseases or illnesses covered under the policy, including
an appeals process. During the appeals process, any challenge
to medical necessity must be viewed as reasonable only if the
review includes a physician with expertise in the most current
and effective treatment modalities for autism spectrum
disorders.
(h) Coverage for medically necessary early intervention
services must be delivered by certified early intervention
specialists, as defined in 89 Ill. Admin. Code 500 and any
subsequent amendments thereto.
(h-5) If an individual has been diagnosed as having an
autism spectrum disorder, meeting the diagnostic criteria in
place at the time of diagnosis, and treatment is determined

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medically necessary, then that individual shall remain
eligible for coverage under this Section even if subsequent
changes to the diagnostic criteria are adopted by the American
Psychiatric Association. If no changes to the diagnostic
criteria are adopted after April 1, 2012, and before December
31, 2014, then this subsection (h-5) shall be of no further
force and effect.
(h-10) An insurer may not deny or refuse to provide
otherwise covered services, or refuse to renew, refuse to
reissue, or otherwise terminate or restrict coverage under an
individual contract, for a person diagnosed with an autism
spectrum disorder because a health care provider has determined
that a medication, or any ingredient, allergen, potential
toxicant, or agent, may exacerbate clinical symptomatology and
is medically contraindicated for the patient. For the purposes
of this subsection (h-10), "clinical symptomatology" means any
indication of disorder or disease when experienced by an
individual as a change from normal function, sensation, or
appearance.
(i) As used in this Section:
"Autism spectrum disorders" means pervasive developmental
disorders as defined in the most recent edition of the
Diagnostic and Statistical Manual of Mental Disorders,
including autism, Asperger's disorder, and pervasive
developmental disorder not otherwise specified.
"Diagnosis of autism spectrum disorders" means one or more

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tests, evaluations, or assessments to diagnose whether an
individual has autism spectrum disorder that is prescribed,
performed, or ordered by (A) a physician licensed to practice
medicine in all its branches or (B) a licensed clinical
psychologist with expertise in diagnosing autism spectrum
disorders.
"Medically necessary" means any care, treatment,
intervention, service or item which will or is reasonably
expected to do any of the following: (i) prevent the onset of
an illness, condition, injury, disease or disability; (ii)
reduce or ameliorate the physical, mental or developmental
effects of an illness, condition, injury, disease or
disability; or (iii) assist to achieve or maintain maximum
functional activity in performing daily activities.
"Treatment for autism spectrum disorders" shall include
the following care prescribed, provided, or ordered for an
individual diagnosed with an autism spectrum disorder by (A) a
physician licensed to practice medicine in all its branches or
(B) a certified, registered, or licensed health care
professional with expertise in treating effects of autism
spectrum disorders when the care is determined to be medically
necessary and ordered by a physician licensed to practice
medicine in all its branches:
(1) Psychiatric care, meaning direct, consultative, or
diagnostic services provided by a licensed psychiatrist.
(2) Psychological care, meaning direct or consultative

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services provided by a licensed psychologist.
(3) Habilitative or rehabilitative care, meaning
professional, counseling, and guidance services and
treatment programs, including applied behavior analysis,
that are intended to develop, maintain, and restore the
functioning of an individual. As used in this subsection
(i), "applied behavior analysis" means the design,
implementation, and evaluation of environmental
modifications using behavioral stimuli and consequences to
produce socially significant improvement in human
behavior, including the use of direct observation,
measurement, and functional analysis of the relations
between environment and behavior.
(4) Therapeutic care, including behavioral, speech,
occupational, and physical therapies that provide
treatment in the following areas: (i) self care and
feeding, (ii) pragmatic, receptive, and expressive
language, (iii) cognitive functioning, (iv) applied
behavior analysis, intervention, and modification, (v)
motor planning, and (vi) sensory processing.
(j) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is

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unauthorized.
(Source: P.A. 96-1000, eff. 7-2-10; 97-972, eff. 1-1-13.)
(215 ILCS 5/356z.24 new)
Sec. 356z.24. Immune gamma globulin therapy.
(a) A group or individual policy of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed after the effective date of this amendatory Act of the
99th General Assembly may not allow for the delay,
discontinuation, or interruption of immune gamma globulin
therapy for persons who are diagnosed with a primary
immunodeficiency when prescribed immune gamma globulin therapy
by a physician licensed to practice medicine in all of its
branches.
Immune gamma globulin therapy is intended for continuous
replacement therapy for primary immunodeficiency and may be
delivered through intravenous immunoglobulin or subcutaneous
immunoglobulin. Immune gamma globulin therapy improves
livelihood, preserves organ function, increases life span, and
is lifesaving. Administration of immune gamma globulin therapy
shall not be delayed or interrupted once a diagnosis is
established.
For the purposes of this Section, delay, interruption, or
discontinuation of therapy means interfering with treatment as
prescribed by the licensed physician by altering the prescribed
dose, frequency, route, venue, product, or administration,

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which is determined by the physician based on patient
tolerability, individual patient characteristics, needs, and
clinical response. Immune gamma globulin is a human plasma
product regulated by the United States Food and Drug
Administration. No generic immune gamma globulin product
exists. Patients diagnosed with primary immunodeficiency may
have varying clinical responses to a prescribed drug, including
those that may qualify as a medical contraindication.
Therefore, product interchangeability not authorized by a
prescribing physician is prohibited.
(b) Upon the diagnosis of primary immunodeficiency by the
prescribing physician, authorization or reauthorization by
insurers of immune gamma globulin therapy shall be expedited by
insurers. Due to the potential lifesaving necessity of immune
gamma globulin, determination of authorization or
reauthorization may not take more than 4 weeks and
reauthorization may not be required more frequently than every
12 months.
Since immune gamma globulin therapy is intended for
continuous replacement of antibodies, once a diagnosis of
primary immunodeficiency is made, the previous diagnosis and
current clinical judgment of the prescribing physician shall be
sufficient for renewed authorization or authorization for
continuation of care if the patient requires new authorization
due to change in insurers.
(c) Review of a patient's clinical history for meaningful

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infections and the available laboratory findings, genetic
findings, and imaging studies, along with physical evidence of
end-organ damage from recurrent infections and the favorable
effect of immune gamma globulin replacement on clinical course
and the treating physician's clinical judgment is sufficient to
validate an antibody deficiency diagnosis. Trough levels of
antibodies and normal immune globulin levels shall be used by
clinicians to monitor treatment and shall not be used to
discontinue or otherwise deny coverage of immune gamma globulin
therapy for a patient determined by a physician to have a
primary immunodeficiency.
(d) Any standards, policies, provisions, or practices by
insurers that require a person who is diagnosed with a primary
immunodeficiency to delay, discontinue, or interrupt immune
gamma globulin therapy and could result in a potentially life
threatening situation are prohibited when prescribed by a
physician licensed to practice medicine in all its branches.
Section 15. The Medical Practice Act of 1987 is amended by
changing Sections 2, 20, and 22 and by adding Section 33.5 as
follows:
(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
(Section scheduled to be repealed on December 31, 2016)
Sec. 2. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,

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except where the context requires otherwise:
"Act" means the Medical Practice Act of 1987.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Autism spectrum disorder" means a neurobiological
disorder, including autism, regressive autism, Asperger
Syndrome, and pervasive developmental disorders not otherwise
specified (PDD-NOS).
"Chiropractic physician" means a person licensed to treat
human ailments without the use of drugs and without operative
surgery. Nothing in this Act shall be construed to prohibit a
chiropractic physician from providing advice regarding the use
of non-prescription products or from administering atmospheric
oxygen. Nothing in this Act shall be construed to authorize a
chiropractic physician to prescribe drugs.
"Clinical symptomatology" means any indication of disorder
or disease when experienced by an individual as a change from
normal function, sensation, or appearance.
"Co-occurring or otherwise diagnosed medical condition"
means a simultaneous illness, condition, injury, disease,
pathology, or disability that is not primarily diagnosed as an

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autism spectrum disorder.
"Department" means the Department of Financial and
Professional Regulation.
"Disciplinary Action" means revocation, suspension,
probation, supervision, practice modification, reprimand,
required education, fines or any other action taken by the
Department against a person holding a license.
"Disciplinary Board" means the Medical Disciplinary Board.
"Final Determination" means the governing body's final
action taken under the procedure followed by a health care
institution, or professional association or society, against
any person licensed under the Act in accordance with the bylaws
or rules and regulations of such health care institution, or
professional association or society.
"Fund" means the Medical Disciplinary Fund.
"Impaired" means the inability to practice medicine with
reasonable skill and safety due to physical or mental
disabilities as evidenced by a written determination or written
consent based on clinical evidence including deterioration
through the aging process or loss of motor skill, or abuse of
drugs or alcohol, of sufficient degree to diminish a person's
ability to deliver competent patient care.
"Licensing Board" means the Medical Licensing Board.
"Medically necessary treatment" means any care, treatment,
intervention, service, or item that will or is reasonably
expected to do any of the following: (i) prevent the onset of

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an illness, condition, injury, disease, or disability; (ii)
reduce or ameliorate the physical, mental, or developmental
effects of an illness, condition, injury, disease, or
disability; or (iii) assist to achieve or maintain maximum
functional activity in performing daily activities.
"Pathophysiological" means the functional alterations in
the body related to a disease or syndrome.
"Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches or a
chiropractic physician.
"Professional Association" means an association or society
of persons licensed under this Act, and operating within the
State of Illinois, including but not limited to, medical
societies, osteopathic organizations, and chiropractic
organizations, but this term shall not be deemed to include
hospital medical staffs.
"Program of Care, Counseling, or Treatment" means a written
schedule of organized treatment, care, counseling, activities,
or education, satisfactory to the Disciplinary Board, designed
for the purpose of restoring an impaired person to a condition
whereby the impaired person can practice medicine with
reasonable skill and safety of a sufficient degree to deliver
competent patient care.
"Reinstate" means to change the status of a license from
inactive or nonrenewed status to active status.
"Restore" means to remove an encumbrance from a license due

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to probation, suspension, or revocation.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11;
98-1140, eff. 12-30-14.)
(225 ILCS 60/20) (from Ch. 111, par. 4400-20)
(Section scheduled to be repealed on December 31, 2016)
Sec. 20. Continuing education. The Department shall
promulgate rules of continuing education for persons licensed
under this Act that require an average of 50 hours of
continuing education per license year. These rules shall be
consistent with requirements of relevant professional
associations, specialty societies, or boards. The rules shall
also address variances in part or in whole for good cause,
including, but not limited to, temporary illness or hardship.
In establishing these rules, the Department shall consider
educational requirements for medical staffs, requirements for
specialty society board certification or for continuing
education requirements as a condition of membership in
societies representing the 2 categories of licensee under this
Act. These rules shall assure that licensees are given the
opportunity to participate in those programs sponsored by or
through their professional associations or hospitals which are
relevant to their practice. Each licensee is responsible for
maintaining records of completion of continuing education and

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shall be prepared to produce the records when requested by the
Department.
Physicians who treat persons with autism spectrum
disorders are encouraged to obtain continuing education
credits that address training in evaluation, diagnosis, and
treatments for co-occurring and otherwise diagnosed
pathophysiological conditions in autism spectrum disorders to
promote and align standard of care practices to reflect
emerging clinical findings and promising practices derived
from improved patient outcomes.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2016)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act, including imposing fines not to exceed
$10,000 for each violation, upon any of the following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital

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Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and enforce
standards for the ambulatory surgical treatment
centers, hospitalization, or care facilities under its
management and control;
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a wilful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed.
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.

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(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any
other substances which results in the inability to practice
with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the

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other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor of
chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action of
the Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Disciplinary Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner

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as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for any
human condition by a method, means or procedure which the
licensee refuses to divulge upon demand of the Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Wilfully making or filing false records or reports
in his or her practice as a physician, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or wilfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or

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neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and wilful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Wilfully or negligently violating the

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confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer
review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of a
license or authorization to practice as a medical doctor, a
doctor of osteopathy, a doctor of osteopathic medicine, or
doctor of chiropractic in another state or jurisdiction, or
surrender of membership on any medical staff or in any

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medical or professional association or society, while
under disciplinary investigation by any of those
authorities or bodies, for acts or conduct similar to acts
or conduct which would constitute grounds for action as
defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
nurses resulting in an inability to adequately

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collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Pilot Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the

09900SB0345sam001 - 26 - LRB099 03283 AMC 47598 a
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed

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return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to

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practice under this Act, or, in the case of the Licensing
Board, any individual who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board shall
specifically designate the examining physician licensed to
practice medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining

09900SB0345sam001 - 29 - LRB099 03283 AMC 47598 a
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination and evaluation, or both, when

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directed, shall result in an automatic suspension, without
hearing, until such time as the individual submits to the
examination. If the Disciplinary Board or Licensing Board finds
a physician unable to practice following an examination and
evaluation because of the reasons set forth in this Section,
the Disciplinary Board or Licensing Board shall require such
physician to submit to care, counseling, or treatment by
physicians, or other health care professionals, approved or
designated by the Disciplinary Board, as a condition for
issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions or restrictions who shall fail to comply with such
terms, conditions or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by the
Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have their license suspended
immediately, pending a hearing by the Disciplinary Board. In
instances in which the Secretary immediately suspends a license
under this Section, a hearing upon such person's license must
be convened by the Disciplinary Board within 15 days after such
suspension and completed without appreciable delay. The
Disciplinary Board shall have the authority to review the
subject physician's record of treatment and counseling

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regarding the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Medical
Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony

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under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this subsection
B shall be prohibited from practicing medicine or treating
human ailments without the use of drugs and without operative
surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine to
a physician based solely upon the recommendation of the
physician to an eligible patient regarding, or prescription
for, or treatment with, an investigational drug, biological
product, or device.
(D) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(E) A physician may not be disciplined by the Department
under this Act solely for the evaluation or provision of
appropriate medically necessary treatment for co-occurring or

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otherwise diagnosed medical conditions for a patient because
the patient is also diagnosed with an autism spectrum disorder
when clinical symptomatology is suspected or present or
clinical investigation, examination, or testing is warranted.
A physician may refer the patient as necessary for additional
evaluation, diagnosis, and treatment to achieve appropriate
clinical and medically necessary treatment objectives.
(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
98-1140, eff. 12-30-14; 99-270, eff. 1-1-16.)
(225 ILCS 60/33.5 new)
Sec. 33.5. Treatment of persons with an autism spectrum
disorder.
(a) A physician shall evaluate persons diagnosed with an
autism spectrum disorder for co-occurring or otherwise
diagnosed medical conditions when clinical symptomatology is
present or suspected and prescribe appropriate medically
necessary treatments in alignment with care practices for the
condition, illness, injury, disease, or disability.
A physician may consider, without limitation, whether or
not a medication or any ingredient, allergen, potential
toxicant, or artificial agent may exacerbate clinical
symptomatology of autism spectrum disorder or a related or
co-occurring or otherwise diagnosed medical condition and, if
so, may consider adopting measures that would result in the
reduction or elimination of risk to the patient.

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(b) Persons diagnosed with an autism spectrum disorder or a
related disorder shall not be discriminated against in
receiving an accurate medical assessment, laboratory or
clinical testing, a diagnosis, or treatment of co-occurring or
otherwise diagnosed medical conditions because they are also
diagnosed with an autism spectrum disorder. Any person
discriminated against in receiving an accurate medical
assessment, evaluation, diagnosis, or treatment from a
physician because he or she is also diagnosed with an autism
spectrum disorder may report the incident to the Department.
The Department may adopt rules to redress discriminatory
practices if warranted.
(c) A person with an autism spectrum disorder, or the
person's parent or legal guardian on his or her behalf, shall
not be deprived of the right to seek further medical opinions
if the physician is not providing adequate medical care to meet
the needs of the patient. A parent or legal guardian shall not
be threatened with loss of parental or legal guardianship
rights for a person with autism spectrum disorder for pursuing
additional medical expertise, especially in the case of trying
to ascertain appropriate identification and diagnosis of
underlying or co-occurring medical conditions that may or may
not be exacerbating symptoms primarily associated with an
autism spectrum disorder.
An individual diagnosed as having an autism spectrum
disorder or his or her parent or legal guardian shall not be

09900SB0345sam001 - 35 - LRB099 03283 AMC 47598 a
denied the right to pursue medical interventions or treatments
that may help to ameliorate or improve the symptoms primarily
associated with an autism spectrum disorder or co-occurring or
otherwise diagnosed medical condition.
An individual diagnosed as having an autism spectrum
disorder or his or her parent or legal guardian shall not be
denied the right to decline a medical treatment or intervention
that may exacerbate or worsen any debilitating symptoms
associated with an autism spectrum disorder or an underlying or
co-occurring or otherwise diagnosed medical condition.
Section 20. The Nurse Practice Act is amended by changing
Sections 50-10, 65-60, and 70-5 and by adding Section 65-47 as
follows:
(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-10. Definitions. Each of the following terms, when
used in this Act, shall have the meaning ascribed to it in this
Section, except where the context clearly indicates otherwise:
"Academic year" means the customary annual schedule of
courses at a college, university, or approved school,
customarily regarded as the school year as distinguished from
the calendar year.
"Advanced practice nurse" or "APN" means a person who has
met the qualifications for a (i) certified nurse midwife (CNM);

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(ii) certified nurse practitioner (CNP); (iii) certified
registered nurse anesthetist (CRNA); or (iv) clinical nurse
specialist (CNS) and has been licensed by the Department. All
advanced practice nurses licensed and practicing in the State
of Illinois shall use the title APN and may use specialty
credentials CNM, CNP, CRNA, or CNS after their name. All
advanced practice nurses may only practice in accordance with
national certification and this Act.
"Approved program of professional nursing education" and
"approved program of practical nursing education" are programs
of professional or practical nursing, respectively, approved
by the Department under the provisions of this Act.
"Autism spectrum disorder" means a neurobiological
disorder, including autism, regressive autism, Asperger
Syndrome, and pervasive developmental disorders not otherwise
specified (PDD-NOS).
"Board" means the Board of Nursing appointed by the
Secretary.
"Clinical symptomatology" means any indication of disorder
or disease when experienced by an individual as a change from
normal function, sensation, or appearance.
"Collaboration" means a process involving 2 or more health
care professionals working together, each contributing one's
respective area of expertise to provide more comprehensive
patient care.
"Consultation" means the process whereby an advanced

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practice nurse seeks the advice or opinion of another health
care professional.
"Co-occurring or otherwise diagnosed medical condition"
means a simultaneous illness, condition, injury, disease,
pathology, or disability that is not primarily diagnosed as an
autism spectrum disorder.
"Credentialed" means the process of assessing and
validating the qualifications of a health care professional.
"Current nursing practice update course" means a planned
nursing education curriculum approved by the Department
consisting of activities that have educational objectives,
instructional methods, content or subject matter, clinical
practice, and evaluation methods, related to basic review and
updating content and specifically planned for those nurses
previously licensed in the United States or its territories and
preparing for reentry into nursing practice.
"Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
"Department" means the Department of Financial and
Professional Regulation.
"Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital. For

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the purposes of this definition, "control" means having at
least an equal or a majority ownership or membership interest.
A hospital affiliate shall be 100% owned or controlled by any
combination of hospitals, their parent corporations, or
physicians licensed to practice medicine in all its branches in
Illinois. "Hospital affiliate" does not include a health
maintenance organization regulated under the Health
Maintenance Organization Act.
"Impaired nurse" means a nurse licensed under this Act who
is unable to practice with reasonable skill and safety because
of a physical or mental disability as evidenced by a written
determination or written consent based on clinical evidence,
including loss of motor skills, abuse of drugs or alcohol, or a
psychiatric disorder, of sufficient degree to diminish his or
her ability to deliver competent patient care.
"License-pending advanced practice nurse" means a
registered professional nurse who has completed all
requirements for licensure as an advanced practice nurse except
the certification examination and has applied to take the next
available certification exam and received a temporary license
from the Department.
"License-pending registered nurse" means a person who has
passed the Department-approved registered nurse licensure exam
and has applied for a license from the Department. A
license-pending registered nurse shall use the title "RN lic
pend" on all documentation related to nursing practice.

09900SB0345sam001 - 39 - LRB099 03283 AMC 47598 a
"Medically necessary treatment" means any care, treatment,
intervention, service, or item that will or is reasonably
expected to do any of the following: (i) prevent the onset of
an illness, condition, injury, disease, or disability; (ii)
reduce or ameliorate the physical, mental, or developmental
effects of an illness, condition, injury, disease, or
disability; or (iii) assist to achieve or maintain maximum
functional activity in performing daily activities.
"Pathophysiological" means the functional alterations in
the body related to a disease or syndrome.
"Physician" means a person licensed to practice medicine in
all its branches under the Medical Practice Act of 1987.
"Podiatric physician" means a person licensed to practice
podiatry under the Podiatric Medical Practice Act of 1987.
"Practical nurse" or "licensed practical nurse" means a
person who is licensed as a practical nurse under this Act and
practices practical nursing as defined in this Act. Only a
practical nurse licensed under this Act is entitled to use the
title "licensed practical nurse" and the abbreviation
"L.P.N.".
"Practical nursing" means the performance of nursing acts
requiring the basic nursing knowledge, judgment, and skill
acquired by means of completion of an approved practical
nursing education program. Practical nursing includes
assisting in the nursing process as delegated by a registered
professional nurse or an advanced practice nurse. The practical

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nurse may work under the direction of a licensed physician,
dentist, podiatric physician, or other health care
professional determined by the Department.
"Privileged" means the authorization granted by the
governing body of a healthcare facility, agency, or
organization to provide specific patient care services within
well-defined limits, based on qualifications reviewed in the
credentialing process.
"Registered Nurse" or "Registered Professional Nurse"
means a person who is licensed as a professional nurse under
this Act and practices nursing as defined in this Act. Only a
registered nurse licensed under this Act is entitled to use the
titles "registered nurse" and "registered professional nurse"
and the abbreviation, "R.N.".
"Registered professional nursing practice" is a scientific
process founded on a professional body of knowledge; it is a
learned profession based on the understanding of the human
condition across the life span and environment and includes all
nursing specialties and means the performance of any nursing
act based upon professional knowledge, judgment, and skills
acquired by means of completion of an approved professional
nursing education program. A registered professional nurse
provides holistic nursing care through the nursing process to
individuals, groups, families, or communities, that includes
but is not limited to: (1) the assessment of healthcare needs,
nursing diagnosis, planning, implementation, and nursing

09900SB0345sam001 - 41 - LRB099 03283 AMC 47598 a
evaluation; (2) the promotion, maintenance, and restoration of
health; (3) counseling, patient education, health education,
and patient advocacy; (4) the administration of medications and
treatments as prescribed by a physician licensed to practice
medicine in all of its branches, a licensed dentist, a licensed
podiatric physician, or a licensed optometrist or as prescribed
by a physician assistant or by an advanced practice nurse; (5)
the coordination and management of the nursing plan of care;
(6) the delegation to and supervision of individuals who assist
the registered professional nurse implementing the plan of
care; and (7) teaching nursing students. The foregoing shall
not be deemed to include those acts of medical diagnosis or
prescription of therapeutic or corrective measures.
"Professional assistance program for nurses" means a
professional assistance program that meets criteria
established by the Board of Nursing and approved by the
Secretary, which provides a non-disciplinary treatment
approach for nurses licensed under this Act whose ability to
practice is compromised by alcohol or chemical substance
addiction.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Unencumbered license" means a license issued in good
standing.
"Written collaborative agreement" means a written
agreement between an advanced practice nurse and a

09900SB0345sam001 - 42 - LRB099 03283 AMC 47598 a
collaborating physician, dentist, or podiatric physician
pursuant to Section 65-35.
(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
99-330, eff. 1-1-16; revised 10-20-15.)
(225 ILCS 65/65-47 new)
Sec. 65-47. Treatment of persons with an autism spectrum
disorder.
(a) An advanced practice nurse shall evaluate persons
diagnosed with an autism spectrum disorder for co-occurring or
otherwise diagnosed medical conditions when clinical
symptomatology is present or suspected and prescribe
appropriate medically necessary treatments in alignment with
care practices for the condition, illness, injury, disease, or
disability.
An advanced practice nurse may consider, without
limitation, whether or not a medication or any ingredient,
allergen, potential toxicant, or artificial agent may
exacerbate clinical symptomatology of autism spectrum disorder
or a related or co-occurring or otherwise diagnosed medical
condition and, if so, may consider adopting measures that would
result in the reduction or elimination of risk to the patient.
(b) Persons diagnosed with an autism spectrum disorder or a
related disorder shall not be discriminated against in
receiving an accurate medical assessment, laboratory or
clinical testing, a diagnosis, or treatment of co-occurring or

09900SB0345sam001 - 43 - LRB099 03283 AMC 47598 a
otherwise diagnosed medical conditions because he or she is
also diagnosed with an autism spectrum disorder. Any person
discriminated against in receiving an accurate medical
assessment, evaluation, diagnosis, or treatment from an
advanced practice nurse because he or she is also diagnosed
with an autism spectrum disorder may report the incident to the
Department. The Department may adopt rules to redress
discriminatory practices if warranted.
(c) A person with an autism spectrum disorder, or the
person's parent or legal guardian on his or her behalf, shall
not be deprived of the right to seek further medical opinions
if the advanced practice nurse is not providing adequate
medical care to meet the needs of the patient. A parent or
legal guardian shall not be threatened with loss of parental or
legal guardianship rights for a person with autism spectrum
disorder for pursuing additional medical expertise, especially
in the case of trying to ascertain appropriate identification
and diagnosis of underlying or co-occurring medical conditions
that may or may not be exacerbating symptoms primarily
associated with an autism spectrum disorder.
An individual diagnosed as having an autism spectrum
disorder or his or her parent or legal guardian shall not be
denied the right to pursue medical interventions or treatments
that may help to ameliorate or improve the symptoms primarily
associated with an autism spectrum disorder or co-occurring or
otherwise diagnosed medical condition.

09900SB0345sam001 - 44 - LRB099 03283 AMC 47598 a
An individual diagnosed as having an autism spectrum
disorder or his or her parent or legal guardian shall not be
denied the right to decline a medical treatment or intervention
that may exacerbate or worsen any debilitating symptoms
associated with an autism spectrum disorder or an underlying or
co-occurring or otherwise diagnosed medical condition.
(225 ILCS 65/65-60) (was 225 ILCS 65/15-45)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-60. Continuing education. The Department shall
adopt rules of continuing education for persons licensed under
this Article that require 50 hours of continuing education per
2-year license renewal cycle. Completion of the 50 hours of
continuing education shall be deemed to satisfy the continuing
education requirements for renewal of a registered
professional nurse license as required by this Act. The rules
shall not be inconsistent with requirements of relevant
national certifying bodies or State or national professional
associations. The rules shall also address variances in part or
in whole for good cause, including but not limited to illness
or hardship. The continuing education rules shall assure that
licensees are given the opportunity to participate in programs
sponsored by or through their State or national professional
associations, hospitals, or other providers of continuing
education. Each licensee is responsible for maintaining
records of completion of continuing education and shall be

09900SB0345sam001 - 45 - LRB099 03283 AMC 47598 a
prepared to produce the records when requested by the
Department.
Advanced practice nurses who treat persons with autism
spectrum disorders are encouraged to obtain continuing
education credits that address training in evaluation,
diagnosis, and treatments for co-occurring and otherwise
diagnosed pathophysiological conditions in autism spectrum
disorders to promote and align standard of care practices to
reflect emerging clinical findings and promising practices
derived from improved patient outcomes.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70-5. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 per
violation, with regard to a license for any one or combination
of the causes set forth in subsection (b) below. All fines
collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the following:
(1) Material deception in furnishing information to
the Department.

09900SB0345sam001 - 46 - LRB099 03283 AMC 47598 a
(2) Material violations of any provision of this Act or
violation of the rules of or final administrative action of
the Secretary, after consideration of the recommendation
of the Board.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony; or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules.
(6) Failing, within 90 days, to provide a response to a
request for information in response to a written request
made by the Department by certified mail.
(7) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public, as defined by rule.
(8) Unlawful taking, theft, selling, distributing, or
manufacturing of any drug, narcotic, or prescription

09900SB0345sam001 - 47 - LRB099 03283 AMC 47598 a
device.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that could result in a licensee's inability to practice
with reasonable judgment, skill or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth in this Section.
(11) A finding that the licensee, after having her or
his license placed on probationary status or subject to
conditions or restrictions, has violated the terms of
probation or failed to comply with such terms or
conditions.
(12) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
and under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(13) Willful omission to file or record, or willfully
impeding the filing or recording or inducing another person
to omit to file or record medical reports as required by
law or willfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and

09900SB0345sam001 - 48 - LRB099 03283 AMC 47598 a
Neglected Child Reporting Act.
(14) Gross negligence in the practice of practical,
professional, or advanced practice nursing.
(15) Holding oneself out to be practicing nursing under
any name other than one's own.
(16) Failure of a licensee to report to the Department
any adverse final action taken against him or her by
another licensing jurisdiction of the United States or any
foreign state or country, any peer review body, any health
care institution, any professional or nursing society or
association, any governmental agency, any law enforcement
agency, or any court or a nursing liability claim related
to acts or conduct similar to acts or conduct that would
constitute grounds for action as defined in this Section.
(17) Failure of a licensee to report to the Department
surrender by the licensee of a license or authorization to
practice nursing or advanced practice nursing in another
state or jurisdiction or current surrender by the licensee
of membership on any nursing staff or in any nursing or
advanced practice nursing or professional association or
society while under disciplinary investigation by any of
those authorities or bodies for acts or conduct similar to
acts or conduct that would constitute grounds for action as
defined by this Section.
(18) Failing, within 60 days, to provide information in
response to a written request made by the Department.

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(19) Failure to establish and maintain records of
patient care and treatment as required by law.
(20) Fraud, deceit or misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act.
(21) Allowing another person or organization to use the
licensees' license to deceive the public.
(22) Willfully making or filing false records or
reports in the licensee's practice, including but not
limited to false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(23) Attempting to subvert or cheat on a licensing
examination administered under this Act.
(24) Immoral conduct in the commission of an act,
including, but not limited to, sexual abuse, sexual
misconduct, or sexual exploitation, related to the
licensee's practice.
(25) Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.
(26) Practicing under a false or assumed name, except
as provided by law.
(27) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's

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practice.
(28) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (28) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (28) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(29) A violation of the Health Care Worker
Self-Referral Act.
(30) Physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(31) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
his or her collaborating physician or podiatric physician

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in guidelines established under a written collaborative
agreement.
(32) Making a false or misleading statement regarding a
licensee's skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the course
of treatment.
(33) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(34) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(35) Violating State or federal laws, rules, or
regulations relating to controlled substances.
(36) Willfully or negligently violating the
confidentiality between an advanced practice nurse,
collaborating physician, dentist, or podiatric physician
and a patient, except as required by law.
(37) A violation of any provision of this Act or any
rules promulgated under this Act.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The

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suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(d) The Department may refuse to issue or may suspend or
otherwise discipline the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by
the Department of Revenue, until such time as the requirements
of any such tax Act are satisfied.
(e) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at

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his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall result in an automatic suspension without
hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice nurse with specialty
certification in addictions may be grounds for an automatic
suspension, as defined by rule.
If the Department or Board finds an individual unable to
practice or unfit for duty because of the reasons set forth in
this Section, the Department or Board may require that
individual to submit to a substance abuse evaluation or
treatment by individuals or programs approved or designated by
the Department or Board, as a condition, term, or restriction
for continued, reinstated, or renewed licensure to practice;
or, in lieu of evaluation or treatment, the Department may
file, or the Board may recommend to the Department to file, a
complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, 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

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for a determination as to whether the individual shall have his
or her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with nursing standards under the provisions of his or her
license.
(f) An advanced practice nurse may not be disciplined by
the Department under this Act solely for the evaluation or
provision of appropriate medically necessary treatment for
co-occurring or otherwise diagnosed medical conditions for a
patient because the patient is also diagnosed with an autism
spectrum disorder when clinical symptomatology is suspected or
present or clinical investigation, examination, or testing is
warranted. An advanced practice nurse may refer the patient as
necessary for additional evaluation, diagnosis, and treatment

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to achieve appropriate clinical and medically necessary
treatment objectives.
(Source: P.A. 98-214, eff. 8-9-13.)
Section 25. The Physician Assistant Practice Act of 1987 is
amended by changing Sections 4 and 21 and by adding Section 7.8
as follows:
(225 ILCS 95/4) (from Ch. 111, par. 4604)
(Section scheduled to be repealed on January 1, 2018)
Sec. 4. In this Act:
1. "Department" means the Department of Financial and
Professional Regulation.
2. "Secretary" means the Secretary of Financial and
Professional Regulation.
3. "Physician assistant" means any person who has been
certified as a physician assistant by the National Commission
on the Certification of Physician Assistants or equivalent
successor agency and performs procedures under the supervision
of a physician as defined in this Act. A physician assistant
may perform such procedures within the specialty of the
supervising physician, except that such physician shall
exercise such direction, supervision and control over such
physician assistants as will assure that patients shall receive
quality medical care. Physician assistants shall be capable of
performing a variety of tasks within the specialty of medical

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care under the supervision of a physician. Supervision of the
physician assistant shall not be construed to necessarily
require the personal presence of the supervising physician at
all times at the place where services are rendered, as long as
there is communication available for consultation by radio,
telephone or telecommunications within established guidelines
as determined by the physician/physician assistant team. The
supervising physician may delegate tasks and duties to the
physician assistant. Delegated tasks or duties shall be
consistent with physician assistant education, training, and
experience. The delegated tasks or duties shall be specific to
the practice setting and shall be implemented and reviewed
under a written supervision agreement established by the
physician or physician/physician assistant team. A physician
assistant, acting as an agent of the physician, shall be
permitted to transmit the supervising physician's orders as
determined by the institution's by-laws, policies, procedures,
or job description within which the physician/physician
assistant team practices. Physician assistants shall practice
only in accordance with a written supervision agreement.
4. "Board" means the Medical Licensing Board constituted
under the Medical Practice Act of 1987.
5. "Disciplinary Board" means the Medical Disciplinary
Board constituted under the Medical Practice Act of 1987.
6. "Physician" means, for purposes of this Act, a person
licensed to practice medicine in all its branches under the

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Medical Practice Act of 1987.
7. "Supervising Physician" means, for the purposes of this
Act, the primary supervising physician of a physician
assistant, who, within his specialty and expertise may delegate
a variety of tasks and procedures to the physician assistant.
Such tasks and procedures shall be delegated in accordance with
a written supervision agreement. The supervising physician
maintains the final responsibility for the care of the patient
and the performance of the physician assistant.
8. "Alternate supervising physician" means, for the
purpose of this Act, any physician designated by the
supervising physician to provide supervision in the event that
he or she is unable to provide that supervision. The Department
may further define "alternate supervising physician" by rule.
The alternate supervising physicians shall maintain all
the same responsibilities as the supervising physician.
Nothing in this Act shall be construed as relieving any
physician of the professional or legal responsibility for the
care and treatment of persons attended by him or by physician
assistants under his supervision. Nothing in this Act shall be
construed as to limit the reasonable number of alternate
supervising physicians, provided they are designated by the
supervising physician.
9. "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the Department's

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licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
such changes must be made either through the Department's
website or by contacting the Department's licensure
maintenance unit.
10. "Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital. For
the purposes of this definition, "control" means having at
least an equal or a majority ownership or membership interest.
A hospital affiliate shall be 100% owned or controlled by any
combination of hospitals, their parent corporations, or
physicians licensed to practice medicine in all its branches in
Illinois. "Hospital affiliate" does not include a health
maintenance organization regulated under the Health
Maintenance Organization Act.
11. "Autism spectrum disorder" means a neurobiological
disorder, including autism, regressive autism, Asperger
Syndrome, and pervasive developmental disorders not otherwise
specified (PDD-NOS).
12. "Clinical symptomatology" means any indication of
disorder or disease when experienced by an individual as a
change from normal function, sensation, or appearance.

09900SB0345sam001 - 59 - LRB099 03283 AMC 47598 a
13. "Co-occurring or otherwise diagnosed medical
condition" means a simultaneous illness, condition, injury,
disease, pathology, or disability that is not primarily
diagnosed as an autism spectrum disorder.
14. "Medically necessary treatment" means any care,
treatment, intervention, service, or item that will or is
reasonably expected to do any of the following: (i) prevent the
onset of an illness, condition, injury, disease, or disability;
(ii) reduce or ameliorate the physical, mental, or
developmental effects of an illness, condition, injury,
disease, or disability; or (iii) assist to achieve or maintain
maximum functional activity in performing daily activities.
15. "Pathophysiological" means the functional alterations
in the body related to a disease or syndrome.
(Source: P.A. 99-330, eff. 1-1-16.)
(225 ILCS 95/7.8 new)
Sec. 7.8. Treatment of persons with an autism spectrum
disorder.
(a) A physician assistant shall evaluate persons diagnosed
with an autism spectrum disorder for co-occurring or otherwise
diagnosed medical conditions when clinical symptomatology is
present or suspected and prescribe appropriate medically
necessary treatments in alignment with care practices for the
condition, illness, injury, disease, or disability.
A physician assistant may consider, without limitation,

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whether or not a medication or any ingredient, allergen,
potential toxicant, or artificial agent may exacerbate
clinical symptomatology of autism spectrum disorder or a
related or co-occurring or otherwise diagnosed medical
condition and, if so, may consider adopting measures that would
result in the reduction or elimination of risk to the patient.
(b) Persons diagnosed with an autism spectrum disorder or a
related disorder shall not be discriminated against in
receiving an accurate medical assessment, laboratory or
clinical testing, a diagnosis, or treatment of co-occurring or
otherwise diagnosed medical conditions because he or she is
also diagnosed with an autism spectrum disorder. Any person
discriminated against in receiving an accurate medical
assessment, evaluation, a diagnosis, or treatment from a
physician assistant because he or she is also diagnosed with an
autism spectrum disorder may report the incident to the
Department. The Department may adopt rules to redress
discriminatory practices if warranted.
(c) A person with an autism spectrum disorder, or the
person's parent or legal guardian on his or her behalf, shall
not be deprived of the right to seek further medical opinions
if the physician assistant is not providing adequate medical
care to meet the needs of the patient. A parent or legal
guardian shall not be threatened with loss of parental or legal
guardianship rights for a person with autism spectrum disorder
for pursuing additional medical expertise, especially in the

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case of trying to ascertain appropriate identification and
diagnosis of underlying or co-occurring medical conditions
that may or may not be exacerbating symptoms primarily
associated with an autism spectrum disorder.
An individual diagnosed as having an autism spectrum
disorder or his or her parent or legal guardian shall not be
denied the right to pursue medical interventions or treatments
that may help to ameliorate or improve the symptoms primarily
associated with an autism spectrum disorder or co-occurring or
otherwise diagnosed medical condition.
An individual diagnosed as having an autism spectrum
disorder or his or her parent or legal guardian shall not be
denied the right to decline a medical treatment or intervention
that may exacerbate or worsen any debilitating symptoms
associated with an autism spectrum disorder or an underlying or
co-occurring or otherwise diagnosed medical condition.
(d) Physician assistants who treat persons with autism
spectrum disorders are encouraged to obtain continuing
education credits that address training in evaluation,
diagnosis, and treatments for co-occurring and otherwise
diagnosed pathophysiological conditions in autism spectrum
disorders to promote and align standard of care practices to
reflect emerging clinical findings and promising practices
derived from improved patient outcomes.
(225 ILCS 95/21) (from Ch. 111, par. 4621)

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(Section scheduled to be repealed on January 1, 2018)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, censure or 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 of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or that
is a misdemeanor of which an essential element is
dishonesty or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating any
provision of this Act or its rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department.

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(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a physician assistant's inability to
practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
discipline is the same or substantially equivalent to those
set forth in this Section.
(11) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this paragraph (11) affects any bona
fide independent contractor or employment arrangements,
which may include provisions for compensation, health
insurance, pension, or other employment benefits, with
persons or entities authorized under this Act for the
provision of services within the scope of the licensee's
practice under this Act.
(12) A finding by the Disciplinary Board that the
licensee, after having his or her license placed on
probationary status has violated the terms of probation.
(13) Abandonment of a patient.

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(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but
not limited to, deterioration through the aging process or
loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) (Blank).
(19) Gross negligence resulting in permanent injury or
death of a patient.
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician
assistant.
(21) Exceeding the authority delegated to him or her by
his or her supervising physician in a written supervision

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agreement.
(22) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct or sexual exploitation
related to the licensee's practice.
(23) Violation of the Health Care Worker Self-Referral
Act.
(24) Practicing under a false or assumed name, except
as provided by law.
(25) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the course
of treatment.
(26) Allowing another person to use his or her license
to practice.
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically-accepted therapeutic
purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations

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relating to controlled substances or other legend drugs.
(31) Exceeding the prescriptive authority delegated by
the supervising physician or violating the written
supervision agreement delegating that authority.
(32) Practicing without providing to the Department a
notice of supervision or delegation of prescriptive
authority.
(b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by
the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient, and
upon the recommendation of the Disciplinary Board to the
Secretary that the licensee be allowed to resume his or her
practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual

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licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department may order the examining physician to
present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. Failure of an individual to submit to a mental or
physical examination, when directed, shall be grounds for
suspension of his or her license until the individual submits
to the examination if the Department finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause.
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

09900SB0345sam001 - 68 - LRB099 03283 AMC 47598 a
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the Secretary
for a determination as to whether the individual shall have his
or her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(e) A physician assistant may not be disciplined by the
Department under this Act solely for the evaluation or
provision of appropriate medically necessary treatment for
co-occurring or otherwise diagnosed medical conditions for a

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patient because the patient is also diagnosed with an autism
spectrum disorder when clinical symptomatology is suspected or
present or clinical investigation, examination, or testing is
warranted. A physician assistant may refer the patient as
necessary for additional evaluation, diagnosis, and treatment
to achieve appropriate clinical and medically necessary
treatment objectives.
(Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09;
96-1482, eff. 11-29-10.)
Section 30. The Medical Patient Rights Act is amended by
adding Section 5.3 as follows:
(410 ILCS 50/5.3 new)
Sec. 5.3. Autism spectrum disorder; discrimination.
(a) As used in this Section:
"Autism spectrum disorder" means a neurobiological
disorder, including autism, regressive autism, Asperger
Syndrome, and pervasive developmental disorders not otherwise
specified (PDD-NOS).
"Clinical symptomatology" means any indication of disorder
or disease when experienced by an individual as a change from
normal function, sensation, or appearance.
"Co-occurring or otherwise diagnosed medical condition"
means a simultaneous illness, condition, injury, disease,
pathology, or disability that is not primarily diagnosed as an

09900SB0345sam001 - 70 - LRB099 03283 AMC 47598 a
autism spectrum disorder.
(b) A person diagnosed with an autism spectrum disorder
shall not be discriminated against in receiving accurate
medical assessment, laboratory or clinical testing, diagnosis,
and treatment of co-occurring or otherwise diagnosed medical
conditions because they are also diagnosed with an autism
spectrum disorder.
(c) Any person discriminated against in receiving an
accurate medical assessment, evaluation, diagnosis, or
treatment from a health care provider because he or she is also
diagnosed with an autism spectrum disorder may report the
incident to the Department of Public Health. The Department may
adopt rules to redress discriminatory practices if warranted.
(d) A person with autism spectrum disorder, or the person's
parent or legal guardian on his or her behalf, shall not be
deprived of the right to seek further medical consultation if
he or she believes the health care provider is not providing
adequate medical care to meet the needs of the patient. A
parent or legal guardian shall not be threatened with loss of
parental or legal guardianship rights for a person with autism
spectrum disorder for pursuing additional medical expertise,
especially in the case of trying to ascertain appropriate
identification and diagnosis of underlying or co-occurring or
otherwise diagnosed medical conditions that may or may not be
exacerbating symptoms primarily associated with an autism
spectrum disorder.

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(e) An individual diagnosed as having an autism spectrum
disorder, or his or her parent or legal guardian, shall not be
denied the right to pursue medical interventions that may help
to ameliorate or improve any adverse symptoms primarily
associated with an autism spectrum disorder or co-occurring or
otherwise diagnosed medical condition.
(f) An individual diagnosed as having an autism spectrum
disorder, or his or her parent or legal guardian, shall not be
denied the right to choose or decline medical treatment that
may help to ameliorate or improve the symptoms primarily
associated with an autism spectrum disorder or co-occurring or
otherwise diagnosed medical condition.".