Bill Text: IL HB1388 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends various Acts by changing "podiatrist" to "podiatric physician". Also makes revisory changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0214 [HB1388 Detail]

Download: Illinois-2013-HB1388-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Section 24-102 as follows:
(40 ILCS 5/24-102) (from Ch. 108 1/2, par. 24-102)
Sec. 24-102. As used in this Article, "employee" means any
person, including a person elected, appointed or under
contract, receiving compensation from the State or a unit of
local government or school district for personal services
rendered, including salaried persons. A health care provider
who elects to participate in the State Employees Deferred
Compensation Plan established under Section 24-104 of this Code
shall, for purposes of that participation, be deemed an
"employee" as defined in this Section.
As used in this Article, "health care provider" means a
dentist, physician, optometrist, pharmacist, or podiatric
physician podiatrist that participates and receives
compensation as a provider under the Illinois Public Aid Code,
the Children's Health Insurance Act, or the Covering ALL KIDS
Health Insurance Act.
As used in this Article, "compensation" includes
compensation received in a lump sum for accumulated unused

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vacation, personal leave or sick leave, with the exception of
health care providers. "Compensation" with respect to health
care providers is defined under the Illinois Public Aid Code,
the Children's Health Insurance Act, or the Covering ALL KIDS
Health Insurance Act.
Where applicable, in no event shall the total of the amount
of deferred compensation of an employee set aside in relation
to a particular year under the Illinois State Employees
Deferred Compensation Plan and the employee's nondeferred
compensation for that year exceed the total annual salary or
compensation under the existing salary schedule or
classification plan applicable to such employee in such year;
except that any compensation received in a lump sum for
accumulated unused vacation, personal leave or sick leave shall
not be included in the calculation of such totals.
(Source: P.A. 96-806, eff. 7-1-10.)
Section 8. The Podiatric Scholarship and Residency Act is
amended by changing Sections 5 and 15 as follows:
(110 ILCS 978/5)
Sec. 5. Purposes. The purpose of this Act is to establish a
program in the Illinois Department of Public Health to upgrade
primary health care services for all citizens of the State by
providing grants to podiatric medicine residency programs,
scholarships to podiatry students, and a loan repayment program

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for podiatric physicians podiatrists who will agree to practice
in areas of the State demonstrating the greatest need for more
professional medical care. The program shall encourage
podiatric physicians to locate in areas where health manpower
shortages exist and to increase the total number of podiatric
physicians in the State. Minority students shall be given
preference in selection for scholarships.
(Source: P.A. 87-1195.)
(110 ILCS 978/15)
Sec. 15. Powers and duties. The Department shall have the
following powers and duties:
(a) To allocate funds to podiatric practice residency
programs according to the following priorities:
(1) to increase the number of podiatric physicians in
designated shortage areas;
(2) to increase the number of accredited podiatric
practice residencies within the State;
(3) to increase the percentage of podiatric practice
physicians establishing practice within the State upon
completion of residency; and
(4) to provide funds for rental of office space,
purchase of equipment, and other uses necessary to enable
podiatric physicians podiatrists to locate their practices
in communities located in designated shortage areas.
(b) To determine the procedures for the distribution of the

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funds to podiatric practice residency programs, including the
establishment of eligibility criteria in accordance with the
following guidelines:
(1) preference for programs that are to be established
at locations which exhibit potential for extending
podiatric practice physician availability to designated
shortage areas;
(2) preference for programs that are located away from
communities in which medical schools are located; and
(3) preference for programs located in hospitals
having affiliation agreements with medical schools located
within the State.
(c) To establish a program of podiatry student scholarships
and to award scholarships to eligible podiatry students.
(d) To determine criteria and standards of financial need
in the awarding of scholarships under this Act.
(e) To receive and disburse any federal funds available for
carrying out the purpose of this Act.
(f) To enter into contracts or agreements with any agency
or department of the State of Illinois or the United States to
carry out the provisions of this Act.
(g) To coordinate the podiatry residency grants program
established under this Act with the program administered by the
Illinois Board of Higher Education under the Health Services
Education Grants Act.
(Source: P.A. 87-1195.)

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Section 10. The Ambulatory Surgical Treatment Center Act is
amended by changing Sections 3, 6, 6.5, 6.7, and 14 as follows:
(210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
Sec. 3. As used in this Act, unless the context otherwise
requires, the following words and phrases shall have the
meanings ascribed to them:
(A) "Ambulatory surgical treatment center" means any
institution, place or building devoted primarily to the
maintenance and operation of facilities for the performance of
surgical procedures or any facility in which a medical or
surgical procedure is utilized to terminate a pregnancy,
irrespective of whether the facility is devoted primarily to
this purpose. Such facility shall not provide beds or other
accommodations for the overnight stay of patients; however,
facilities devoted exclusively to the treatment of children may
provide accommodations and beds for their patients for up to 23
hours following admission. Individual patients shall be
discharged in an ambulatory condition without danger to the
continued well being of the patients or shall be transferred to
a hospital.
The term "ambulatory surgical treatment center" does not
include any of the following:
(1) Any institution, place, building or agency
required to be licensed pursuant to the "Hospital Licensing

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Act", approved July 1, 1953, as amended.
(2) Any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act, or the ID/DD Community
Care Act.
(3) Hospitals or ambulatory surgical treatment centers
maintained by the State or any department or agency
thereof, where such department or agency has authority
under law to establish and enforce standards for the
hospitals or ambulatory surgical treatment centers under
its management and control.
(4) Hospitals or ambulatory surgical treatment centers
maintained by the Federal Government or agencies thereof.
(5) Any place, agency, clinic, or practice, public or
private, whether organized for profit or not, devoted
exclusively to the performance of dental or oral surgical
procedures.
(B) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of the Department of
Public Health of the State of Illinois.
(E) "Physician" means a person licensed to practice
medicine in all of its branches in the State of Illinois.

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(F) "Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
(G) "Podiatric physician" "Podiatrist" means a person
licensed to practice podiatry under the Podiatric Medical
Practice Act of 1987.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
(210 ILCS 5/6) (from Ch. 111 1/2, par. 157-8.6)
Sec. 6. Upon receipt of an application for a license, the
Director may deny the application for any of the following
reasons:
(1) Conviction of the applicant, or if the applicant is
a firm, partnership or association, of any of its members,
or if a corporation, of any of its officers or directors,
or of the person designated to manage or supervise the
facility, of a felony, or of 2 or more misdemeanors
involving moral turpitude, as shown by a certified copy of
the record of the court of conviction, or, in the case of
the conviction of a misdemeanor by a court not of record,
as shown by other evidence, if the Director determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust; or
other satisfactory evidence that the moral character of the
applicant, or manager, or supervisor of the facility is not
reputable;

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(2) The licensure status or record of the applicant, or
if the applicant is a firm, partnership or association, of
any of its members, or if a corporation, of any of its
officers or directors, or of the person designated to
manage or supervise the facility, from any other state
where the applicant has done business in a similar capacity
indicates that granting a license to the applicant would be
detrimental to the interests of the public; or
(3) The applicant has insufficient financial or other
resources to operate and conduct the facility in accordance
with the requirements of this Act and the minimum
standards, rules and regulations promulgated thereunder.
The Director shall only issue a license if he finds that
the applicant facility complies with this Act and the rules,
regulations and standards promulgated pursuant thereto and:
(a) is under the medical supervision of one or more
physicians;
(b) permits a surgical procedure to be performed only
by a physician, podiatric physician, podiatrist or dentist
who at the time is privileged to have his patients admitted
by himself or an associated physician and is himself
privileged to perform surgical procedures in at least one
Illinois hospital; and
(c) maintains adequate medical records for each
patient.
A license, unless sooner suspended or revoked, shall be

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renewable annually upon approval by the Department and payment
of a license fee of $300. Each license shall be issued only for
the premises and persons named in the application and shall not
be transferable or assignable. The licenses shall be posted in
a conspicuous place on the licensed premises. A placard or
registry of all physicians on staff in the facility shall be
centrally located and available for inspection to any
interested person. The Department may, either before or after
the issuance of a license, request the cooperation of the State
Fire Marshal. The report and recommendations of this agency
shall be in writing and shall state with particularity its
findings with respect to compliance or noncompliance with such
minimum standards, rules and regulations.
The Director may issue a provisional license to any
ambulatory surgical treatment center which does not
substantially comply with the provisions of this Act and the
standards, rules and regulations promulgated by virtue thereof
provided that he finds that such ambulatory surgical treatment
center will undertake changes and corrections which upon
completion will render the ambulatory surgical treatment
center in substantial compliance with the provisions of this
Act, and the standards, rules and regulations adopted
hereunder, and provided that the health and safety of the
patients of the ambulatory surgical treatment center will be
protected during the period for which such provisional license
is issued. The Director shall advise the licensee of the

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conditions under which such provisional license is issued,
including the manner in which the facilities fail to comply
with the provisions of the Act, standards, rules and
regulations, and the time within which the changes and
corrections necessary for such ambulatory surgical treatment
center to substantially comply with this Act, and the
standards, rules and regulations of the Department relating
thereto shall be completed.
A person or facility not licensed under this Act or the
Hospital Licensing Act shall not hold itself out to the public
as a "surgery center" or as a "center for surgery".
(Source: P.A. 88-490.)
(210 ILCS 5/6.5)
Sec. 6.5. Clinical privileges; advanced practice nurses.
All ambulatory surgical treatment centers (ASTC) licensed
under this Act shall comply with the following requirements:
(1) No ASTC policy, rule, regulation, or practice shall be
inconsistent with the provision of adequate collaboration and
consultation in accordance with Section 54.5 of the Medical
Practice Act of 1987.
(2) Operative surgical procedures shall be performed only
by a physician licensed to practice medicine in all its
branches under the Medical Practice Act of 1987, a dentist
licensed under the Illinois Dental Practice Act, or a podiatric
physician podiatrist licensed under the Podiatric Medical

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Practice Act of 1987, with medical staff membership and
surgical clinical privileges granted by the consulting
committee of the ASTC. A licensed physician, dentist, or
podiatric physician podiatrist may be assisted by a physician
licensed to practice medicine in all its branches, dentist,
dental assistant, podiatric physician podiatrist, licensed
advanced practice nurse, licensed physician assistant,
licensed registered nurse, licensed practical nurse, surgical
assistant, surgical technician, or other individuals granted
clinical privileges to assist in surgery by the consulting
committee of the ASTC. Payment for services rendered by an
assistant in surgery who is not an ambulatory surgical
treatment center employee shall be paid at the appropriate
non-physician modifier rate if the payor would have made
payment had the same services been provided by a physician.
(2.5) A registered nurse licensed under the Nurse Practice
Act and qualified by training and experience in operating room
nursing shall be present in the operating room and function as
the circulating nurse during all invasive or operative
procedures. For purposes of this paragraph (2.5), "circulating
nurse" means a registered nurse who is responsible for
coordinating all nursing care, patient safety needs, and the
needs of the surgical team in the operating room during an
invasive or operative procedure.
(3) An advanced practice nurse is not required to possess
prescriptive authority or a written collaborative agreement

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meeting the requirements of the Nurse Practice Act to provide
advanced practice nursing services in an ambulatory surgical
treatment center. An advanced practice nurse must possess
clinical privileges granted by the consulting medical staff
committee and ambulatory surgical treatment center in order to
provide services. Individual advanced practice nurses may also
be granted clinical privileges to order, select, and administer
medications, including controlled substances, to provide
delineated care. The attending physician must determine the
advance practice nurse's role in providing care for his or her
patients, except as otherwise provided in the consulting staff
policies. The consulting medical staff committee shall
periodically review the services of advanced practice nurses
granted privileges.
(4) The anesthesia service shall be under the direction of
a physician licensed to practice medicine in all its branches
who has had specialized preparation or experience in the area
or who has completed a residency in anesthesiology. An
anesthesiologist, Board certified or Board eligible, is
recommended. Anesthesia services may only be administered
pursuant to the order of a physician licensed to practice
medicine in all its branches, licensed dentist, or licensed
podiatric physician podiatrist.
(A) The individuals who, with clinical privileges
granted by the medical staff and ASTC, may administer
anesthesia services are limited to the following:

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(i) an anesthesiologist; or
(ii) a physician licensed to practice medicine in
all its branches; or
(iii) a dentist with authority to administer
anesthesia under Section 8.1 of the Illinois Dental
Practice Act; or
(iv) a licensed certified registered nurse
anesthetist; or
(v) a podiatric physician podiatrist licensed
under the Podiatric Medical Practice Act of 1987.
(B) For anesthesia services, an anesthesiologist shall
participate through discussion of and agreement with the
anesthesia plan and shall remain physically present and be
available on the premises during the delivery of anesthesia
services for diagnosis, consultation, and treatment of
emergency medical conditions. In the absence of 24-hour
availability of anesthesiologists with clinical
privileges, an alternate policy (requiring participation,
presence, and availability of a physician licensed to
practice medicine in all its branches) shall be developed
by the medical staff consulting committee in consultation
with the anesthesia service and included in the medical
staff consulting committee policies.
(C) A certified registered nurse anesthetist is not
required to possess prescriptive authority or a written
collaborative agreement meeting the requirements of

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Section 65-35 of the Nurse Practice Act to provide
anesthesia services ordered by a licensed physician,
dentist, or podiatric physician podiatrist. Licensed
certified registered nurse anesthetists are authorized to
select, order, and administer drugs and apply the
appropriate medical devices in the provision of anesthesia
services under the anesthesia plan agreed with by the
anesthesiologist or, in the absence of an available
anesthesiologist with clinical privileges, agreed with by
the operating physician, operating dentist, or operating
podiatric physician podiatrist in accordance with the
medical staff consulting committee policies of a licensed
ambulatory surgical treatment center.
(Source: P.A. 94-915, eff. 1-1-07; 95-639, eff. 10-5-07;
95-911, eff. 8-26-08.)
(210 ILCS 5/6.7)
Sec. 6.7. Registered nurse administration of limited
levels of sedation or analgesia.
(a) Nothing in this Act precludes a registered nurse from
administering medications for the delivery of local or minimal
sedation ordered by a physician licensed to practice medicine
in all its branches, podiatric physician podiatrist, or
dentist.
(b) If the ASTC policy allows the registered nurse to
deliver moderate sedation ordered by a physician licensed to

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practice medicine in all its branches, podiatric physician
podiatrist, or dentist, the following are required:
(1) The registered nurse must be under the supervision
of a physician licensed to practice medicine in all its
branches, podiatric physician podiatrist, or dentist
during the delivery or monitoring of moderate sedation and
have no other responsibilities during the procedure.
(2) The registered nurse must maintain current
Advanced Cardiac Life Support certification or Pediatric
Advanced Life Support certification as appropriate to the
age of the patient.
(3) The supervising physician licensed to practice
medicine in all its branches, podiatric physician
podiatrist, or dentist must have training and experience in
delivering and monitoring moderate sedation and possess
clinical privileges at the ASTC to administer moderate
sedation or analgesia.
(4) The supervising physician licensed to practice
medicine in all its branches, podiatric physician
podiatrist, or dentist must remain physically present and
available on the premises during the delivery of moderate
sedation for diagnosis, consultation, and treatment of
emergency medical conditions.
(5) The supervising physician licensed to practice
medicine in all its branches, podiatric physician
podiatrist, or dentist must maintain current Advanced

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Cardiac Life Support certification or Pediatric Advanced
Life Support certification as appropriate to the age of the
patient.
(c) Local, minimal, and moderate sedation shall be defined
by the Division of Professional Regulation of the Department of
Financial and Professional Regulation. Registered nurses shall
be limited to administering medications for moderate sedation
at doses rapidly reversible pharmacologically as determined by
rule by the Division of Professional Regulation of the
Department of Financial and Professional Regulation.
(Source: P.A. 94-861, eff. 6-16-06.)
(210 ILCS 5/14) (from Ch. 111 1/2, par. 157-8.14)
Sec. 14. The Governor shall appoint an Ambulatory Surgical
Treatment Center Licensing Board composed of 12 persons. Four
members shall be practicing physicians; one member shall be a
practicing podiatric physician podiatrist; one member shall be
a dentist who has been licensed to perform oral surgery; one
member shall be an Illinois registered professional nurse who
is employed in an ambulatory surgical treatment center; one
member shall be a person actively engaged in the supervision or
administration of a health facility; and 4 members shall
represent the general public and shall have no personal
economic interest in any institution, place or building
licensed pursuant to this Act. In making Board appointments,
the Governor shall give consideration to recommendations made

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through the Director by appropriate professional
organizations.
Each member shall hold office for a term of 3 years and the
terms of office of the members first taking office shall
expire, as designated at the time of appointment, 3 at the end
of the first year, 3 at the end of the second year, and 6 at the
end of the third year, after the date of appointment. The term
of office of each original appointee shall commence October 1,
1973; and the term of office of each successor shall commence
on October 1 of the year in which his predecessor's term
expires. Any member appointed to fill a vacancy occurring prior
to the expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term.
Board members, while serving on business of the Board shall
receive actual and necessary travel and subsistence expenses
while so serving away from their places of residence. The Board
shall meet as frequently as the Director deems necessary, but
not less than once a year. Upon request of 3 or more members,
the Director shall call a meeting of the Board.
The Board shall advise and consult with the Department in
the administration of this Act, provided that no rule shall be
adopted by the Department concerning the operation of
ambulatory surgical treatment centers licensed under this Act
which has not had prior approval of the Ambulatory Surgical
Treatment Center Licensing Board. The Department shall submit a
final draft of all rules to the Board for review and approval.

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The final draft rules shall be placed upon the agenda of a
scheduled Board meeting which shall be called within 90 days of
the submission of such rules. If the Board takes no action on
the final draft rules within the 90-day period, the rules shall
be considered approved and the Department may proceed with
their promulgation in conformance with the Illinois
Administrative Procedure Act. If the final draft rules are
approved by virtue of the Board's failure to act, the
Department shall afford any member of the Board 10 days within
which to comment upon such rules. In the event of a rule
promulgation without approval of the Board, the Department
shall allow the Board an ex post facto opportunity to discuss
such rule following its adoption.
(Source: P.A. 86-1292.)
Section 15. The Illinois Clinical Laboratory and Blood Bank
Act is amended by changing Sections 2-127, 7-101, 7-108, and
7-112 as follows:
(210 ILCS 25/2-127) (from Ch. 111 1/2, par. 622-127)
Sec. 2-127. "Podiatric physician Podiatrist" means a
person licensed in Illinois to practice podiatry.
(Source: P.A. 87-1269.)
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
Sec. 7-101. Examination of specimens. A clinical

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laboratory shall examine specimens only at the request of (i) a
licensed physician, (ii) a licensed dentist, (iii) a licensed
podiatric physician podiatrist, (iv) a therapeutic optometrist
for diagnostic or therapeutic purposes related to the use of
diagnostic topical or therapeutic ocular pharmaceutical
agents, as defined in subsections (c) and (d) of Section 15.1
of the Illinois Optometric Practice Act of 1987, (v) a licensed
physician assistant in accordance with the written guidelines
required under subdivision (3) of Section 4 and under Section
7.5 of the Physician Assistant Practice Act of 1987, (v-A) an
advanced practice nurse in accordance with the written
collaborative agreement required under Section 65-35 of the
Nurse Practice Act, (vi) an authorized law enforcement agency
or, in the case of blood alcohol, at the request of the
individual for whom the test is to be performed in compliance
with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code,
or (vii) a genetic counselor with the specific authority from a
referral to order a test or tests pursuant to subsection (b) of
Section 20 of the Genetic Counselor Licensing Act. If the
request to a laboratory is oral, the physician or other
authorized person shall submit a written request to the
laboratory within 48 hours. If the laboratory does not receive
the written request within that period, it shall note that fact
in its records. For purposes of this Section, a request made by
electronic mail or fax constitutes a written request.
(Source: P.A. 96-1313, eff. 7-27-10; 97-333, eff. 8-12-11.)

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(210 ILCS 25/7-108) (from Ch. 111 1/2, par. 627-108)
Sec. 7-108. Duties of blood banks. A blood bank shall:
(a) Collect, process, and provide for use blood or blood
components from a blood donor only upon the consent of that
donor and under the direction or delegated direction of the
blood bank Medical Director.
(b) Transfuse blood or blood components upon the request of
a physician licensed to practice medicine in all its branches,
a dentist, or a podiatric physician podiatrist who is on the
medical staff of a hospital and has permission from the medical
staff to make such a request. If the request is oral, the
physician or other authorized person shall submit a written
request to the blood bank within 48 hours. If the blood bank
does not receive the written request within that period, it
shall note that fact in its records.
(Source: P.A. 87-1269.)
(210 ILCS 25/7-112) (from Ch. 111 1/2, par. 627-112)
Sec. 7-112. Blood from paid donor; transfusions. No blood
initially acquired from a paid donor may be administered by
transfusion in Illinois unless the physician licensed to
practice medicine in all its branches, the dentist, or the
podiatric physician podiatrist who is on the medical staff of a
hospital and has permission from the medical staff to request a
transfusion, who is in charge of the treatment of the patient

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to whom the blood is to be administered, has directed that
blood acquired from a paid donor be administered to that
patient and has specified in the patient's medical record his
reason for this action.
Blood acquired from a paid donor shall be transferred for
transfusion purposes in this State only as expressly permitted
by rules promulgated by the Illinois Department of Public
Health.
(Source: P.A. 87-1269.)
Section 20. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing Section
4 as follows:
(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
Sec. 4. Any long term care facility administrator, agent or
employee or any physician, hospital, surgeon, dentist,
osteopath, chiropractor, podiatric physician podiatrist,
accredited religious practitioner who provides treatment by
spiritual means alone through prayer in accordance with the
tenets and practices of the accrediting church, coroner, social
worker, social services administrator, registered nurse, law
enforcement officer, field personnel of the Department of
Healthcare and Family Services, field personnel of the Illinois
Department of Public Health and County or Municipal Health
Departments, personnel of the Department of Human Services

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(acting as the successor to the Department of Mental Health and
Developmental Disabilities or the Department of Public Aid),
personnel of the Guardianship and Advocacy Commission,
personnel of the State Fire Marshal, local fire department
inspectors or other personnel, or personnel of the Illinois
Department on Aging, or its subsidiary Agencies on Aging, or
employee of a facility licensed under the Assisted Living and
Shared Housing Act, having reasonable cause to believe any
resident with whom they have direct contact has been subjected
to abuse or neglect shall immediately report or cause a report
to be made to the Department. Persons required to make reports
or cause reports to be made under this Section include all
employees of the State of Illinois who are involved in
providing services to residents, including professionals
providing medical or rehabilitation services and all other
persons having direct contact with residents; and further
include all employees of community service agencies who provide
services to a resident of a public or private long term care
facility outside of that facility. Any long term care surveyor
of the Illinois Department of Public Health who has reasonable
cause to believe in the course of a survey that a resident has
been abused or neglected and initiates an investigation while
on site at the facility shall be exempt from making a report
under this Section but the results of any such investigation
shall be forwarded to the central register in a manner and form
described by the Department.

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The requirement of this Act shall not relieve any long term
care facility administrator, agent or employee of
responsibility to report the abuse or neglect of a resident
under Section 3-610 of the Nursing Home Care Act or under
Section 3-610 of the ID/DD Community Care Act or under Section
3-610 of the Specialized Mental Health Rehabilitation Act.
In addition to the above persons required to report
suspected resident abuse and neglect, any other person may make
a report to the Department, or to any law enforcement officer,
if such person has reasonable cause to suspect a resident has
been abused or neglected.
This Section also applies to residents whose death occurs
from suspected abuse or neglect before being found or brought
to a hospital.
A person required to make reports or cause reports to be
made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
Section 25. The Hospital Licensing Act is amended by
changing Sections 10 and 10.7 as follows:
(210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
Sec. 10. Board creation; Department rules.

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(a) The Governor shall appoint a Hospital Licensing Board
composed of 14 persons, which shall advise and consult with the
Director in the administration of this Act. The Secretary of
Human Services (or his or her designee) shall serve on the
Board, along with one additional representative of the
Department of Human Services to be designated by the Secretary.
Four appointive members shall represent the general public and
2 of these shall be members of hospital governing boards; one
appointive member shall be a registered professional nurse or
advanced practice, nurse as defined in the Nurse Practice Act,
who is employed in a hospital; 3 appointive members shall be
hospital administrators actively engaged in the supervision or
administration of hospitals; 2 appointive members shall be
practicing physicians, licensed in Illinois to practice
medicine in all of its branches; and one appointive member
shall be a physician licensed to practice podiatric medicine
under the Podiatric Medical Practice Act of 1987; and one
appointive member shall be a dentist licensed to practice
dentistry under the Illinois Dental Practice Act. In making
Board appointments, the Governor shall give consideration to
recommendations made through the Director by professional
organizations concerned with hospital administration for the
hospital administrative and governing board appointments,
registered professional nurse organizations for the registered
professional nurse appointment, professional medical
organizations for the physician appointments, and professional

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dental organizations for the dentist appointment.
(b) Each appointive member shall hold office for a term of
3 years, except that any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder
of such term and the terms of office of the members first
taking office shall expire, as designated at the time of
appointment, 2 at the end of the first year, 2 at the end of the
second year, and 3 at the end of the third year, after the date
of appointment. The initial terms of office of the 2 additional
members representing the general public provided for in this
Section shall expire at the end of the third year after the
date of appointment. The term of office of each original
appointee shall commence July 1, 1953; the term of office of
the original registered professional nurse appointee shall
commence July 1, 1969; the term of office of the original
licensed podiatric physician podiatrist appointee shall
commence July 1, 1981; the term of office of the original
dentist appointee shall commence July 1, 1987; and the term of
office of each successor shall commence on July 1 of the year
in which his predecessor's term expires. Board members, while
serving on business of the Board, shall receive actual and
necessary travel and subsistence expenses while so serving away
from their places of residence. The Board shall meet as
frequently as the Director deems necessary, but not less than
once a year. Upon request of 5 or more members, the Director

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shall call a meeting of the Board.
(c) The Director shall prescribe rules, regulations,
standards, and statements of policy needed to implement,
interpret, or make specific the provisions and purposes of this
Act. The Department shall adopt rules which set forth standards
for determining when the public interest, safety or welfare
requires emergency action in relation to termination of a
research program or experimental procedure conducted by a
hospital licensed under this Act. No rule, regulation, or
standard shall be adopted by the Department concerning the
operation of hospitals licensed under this Act which has not
had prior approval of the Hospital Licensing Board, nor shall
the Department adopt any rule, regulation or standard relating
to the establishment of a hospital without consultation with
the Hospital Licensing Board.
(d) Within one year after the effective date of this
amendatory Act of 1984, all hospitals licensed under this Act
and providing perinatal care shall comply with standards of
perinatal care promulgated by the Department. The Director
shall promulgate rules or regulations under this Act which are
consistent with "An Act relating to the prevention of
developmental disabilities", approved September 6, 1973, as
amended.
(Source: P.A. 95-639, eff. 10-5-07.)
(210 ILCS 85/10.7)

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Sec. 10.7. Clinical privileges; advanced practice nurses.
All hospitals licensed under this Act shall comply with the
following requirements:
(1) No hospital policy, rule, regulation, or practice shall
be inconsistent with the provision of adequate collaboration
and consultation in accordance with Section 54.5 of the Medical
Practice Act of 1987.
(2) Operative surgical procedures shall be performed only
by a physician licensed to practice medicine in all its
branches under the Medical Practice Act of 1987, a dentist
licensed under the Illinois Dental Practice Act, or a podiatric
physician podiatrist licensed under the Podiatric Medical
Practice Act of 1987, with medical staff membership and
surgical clinical privileges granted at the hospital. A
licensed physician, dentist, or podiatric physician podiatrist
may be assisted by a physician licensed to practice medicine in
all its branches, dentist, dental assistant, podiatric
physician podiatrist, licensed advanced practice nurse,
licensed physician assistant, licensed registered nurse,
licensed practical nurse, surgical assistant, surgical
technician, or other individuals granted clinical privileges
to assist in surgery at the hospital. Payment for services
rendered by an assistant in surgery who is not a hospital
employee shall be paid at the appropriate non-physician
modifier rate if the payor would have made payment had the same
services been provided by a physician.

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(2.5) A registered nurse licensed under the Nurse Practice
Act and qualified by training and experience in operating room
nursing shall be present in the operating room and function as
the circulating nurse during all invasive or operative
procedures. For purposes of this paragraph (2.5), "circulating
nurse" means a registered nurse who is responsible for
coordinating all nursing care, patient safety needs, and the
needs of the surgical team in the operating room during an
invasive or operative procedure.
(3) An advanced practice nurse is not required to possess
prescriptive authority or a written collaborative agreement
meeting the requirements of the Nurse Practice Act to provide
advanced practice nursing services in a hospital. An advanced
practice nurse must possess clinical privileges recommended by
the medical staff and granted by the hospital in order to
provide services. Individual advanced practice nurses may also
be granted clinical privileges to order, select, and administer
medications, including controlled substances, to provide
delineated care. The attending physician must determine the
advance practice nurse's role in providing care for his or her
patients, except as otherwise provided in medical staff bylaws.
The medical staff shall periodically review the services of
advanced practice nurses granted privileges. This review shall
be conducted in accordance with item (2) of subsection (a) of
Section 10.8 of this Act for advanced practice nurses employed
by the hospital.

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(4) The anesthesia service shall be under the direction of
a physician licensed to practice medicine in all its branches
who has had specialized preparation or experience in the area
or who has completed a residency in anesthesiology. An
anesthesiologist, Board certified or Board eligible, is
recommended. Anesthesia services may only be administered
pursuant to the order of a physician licensed to practice
medicine in all its branches, licensed dentist, or licensed
podiatric physician podiatrist.
(A) The individuals who, with clinical privileges
granted at the hospital, may administer anesthesia
services are limited to the following:
(i) an anesthesiologist; or
(ii) a physician licensed to practice medicine in
all its branches; or
(iii) a dentist with authority to administer
anesthesia under Section 8.1 of the Illinois Dental
Practice Act; or
(iv) a licensed certified registered nurse
anesthetist; or
(v) a podiatric physician podiatrist licensed
under the Podiatric Medical Practice Act of 1987.
(B) For anesthesia services, an anesthesiologist shall
participate through discussion of and agreement with the
anesthesia plan and shall remain physically present and be
available on the premises during the delivery of anesthesia

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services for diagnosis, consultation, and treatment of
emergency medical conditions. In the absence of 24-hour
availability of anesthesiologists with medical staff
privileges, an alternate policy (requiring participation,
presence, and availability of a physician licensed to
practice medicine in all its branches) shall be developed
by the medical staff and licensed hospital in consultation
with the anesthesia service.
(C) A certified registered nurse anesthetist is not
required to possess prescriptive authority or a written
collaborative agreement meeting the requirements of
Section 65-35 of the Nurse Practice Act to provide
anesthesia services ordered by a licensed physician,
dentist, or podiatric physician podiatrist. Licensed
certified registered nurse anesthetists are authorized to
select, order, and administer drugs and apply the
appropriate medical devices in the provision of anesthesia
services under the anesthesia plan agreed with by the
anesthesiologist or, in the absence of an available
anesthesiologist with clinical privileges, agreed with by
the operating physician, operating dentist, or operating
podiatric physician podiatrist in accordance with the
hospital's alternative policy.
(Source: P.A. 94-915, eff. 1-1-07; 95-639, eff. 10-5-07;
95-911, eff. 8-26-08.)

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Section 30. The Voluntary Health Services Plans Act is
amended by changing Sections 2, 7, and 17 as follows:
(215 ILCS 165/2) (from Ch. 32, par. 596)
Sec. 2. For the purposes of this Act, the following terms
have the respective meanings set forth in this section, unless
different meanings are plainly indicated by the context:
(a) "Health Services Plan Corporation" means a corporation
organized under the terms of this Act for the purpose of
establishing and operating a voluntary health services plan and
providing other medically related services.
(b) "Voluntary health services plan" means either a plan or
system under which medical, hospital, nursing and relating
health services may be rendered to a subscriber or beneficiary
at the expense of a health services plan corporation, or any
contractual arrangement to provide, either directly or through
arrangements with others, dental care services to subscribers
and beneficiaries.
(c) "Subscriber" means a natural person to whom a
subscription certificate has been issued by a health services
plan corporation. Persons eligible under Section 5-2 of the
Illinois Public Aid Code may be subscribers if a written
agreement exists, as specified in Section 25 of this Act,
between the Health Services Plan Corporation and the Department
of Healthcare and Family Services. A subscription certificate
may be issued to such persons at no cost.

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(d) "Beneficiary" means a person designated in a
subscription certificate as one entitled to receive health
services.
(e) "Health services" means those services ordinarily
rendered by physicians licensed in Illinois to practice
medicine in all of its branches, by podiatric physicians
podiatrists licensed in Illinois to practice podiatric
medicine, by dentists and dental surgeons licensed to practice
in Illinois, by nurses registered in Illinois, by dental
hygienists licensed to practice in Illinois, and by assistants
and technicians acting under professional supervision; it
likewise means hospital services as usually and customarily
rendered in Illinois, and the compounding and dispensing of
drugs and medicines by pharmacists and assistant pharmacists
registered in Illinois.
(f) "Subscription certificate" means a certificate issued
to a subscriber by a health services plan corporation, setting
forth the terms and conditions upon which health services shall
be rendered to a subscriber or a beneficiary.
(g) "Physician rendering service for a plan" means a
physician licensed in Illinois to practice medicine in all of
its branches who has undertaken or agreed, upon terms and
conditions acceptable both to himself and to the health
services plan corporation involved, to furnish medical service
to the plan's subscribers and beneficiaries.
(h) "Dentist or dental surgeon rendering service for a

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plan" means a dentist or dental surgeon licensed in Illinois to
practice dentistry or dental surgery who has undertaken or
agreed, upon terms and conditions acceptable both to himself
and to the health services plan corporation involved, to
furnish dental or dental surgical services to the plan's
subscribers and beneficiaries.
(i) "Director" means the Director of Insurance of the State
of Illinois.
(j) "Person" means any of the following: a natural person,
corporation, partnership or unincorporated association.
(k) "Podiatric physician "Podiatrist or podiatric surgeon
rendering service for a plan" means any podiatric physician
podiatrist or podiatric surgeon licensed in Illinois to
practice podiatry, who has undertaken or agreed, upon terms and
conditions acceptable both to himself and to the health
services plan corporation involved, to furnish podiatric or
podiatric surgical services to the plan's subscribers and
beneficiaries.
(Source: P.A. 95-331, eff. 8-21-07.)
(215 ILCS 165/7) (from Ch. 32, par. 601)
Sec. 7. Every physician licensed in Illinois to practice
medicine in all of its branches, every podiatric physician
podiatrist licensed to practice podiatric medicine in
Illinois, and every dentist and dental surgeon licensed to
practice in Illinois may be eligible to render medical,

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podiatric or dental services respectively, upon such terms and
conditions as may be mutually acceptable to such physician,
podiatric physician podiatrist, dentist or dental surgeon and
to the health services plan corporation involved. Such a
corporation shall impose no restrictions on the physicians,
podiatric physicians podiatrists, dentists or dental surgeons
who treat its subscribers as to methods of diagnosis or
treatment. The private physician-patient relationship shall be
maintained, and subscribers shall at all times have free choice
of any physician, podiatric physician podiatrist, dentist or
dental surgeon who is rendering service on behalf of the
corporation. All of the records, charts, files and other data
of a health services plan corporation pertaining to the
condition of health of its subscribers and beneficiaries shall
be and remain confidential, and no disclosure of the contents
thereof shall be made by the corporation to any person, except
upon the prior written authorization of the particular
subscriber or beneficiary concerned.
(Source: P.A. 81-1456.)
(215 ILCS 165/17) (from Ch. 32, par. 611)
Sec. 17. A health services plan corporation may enter into
agreements with qualified physicians, podiatric physicians
podiatrists, dentists, dental surgeons, pharmacists,
hospitals, nurses, registered optometrists, dental hygienists
and assistants or technicians acting under professional

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supervision, and with other organizations, state and Federal
agencies, and corporations in the field of voluntary health
care.
(Source: P.A. 81-1456.)
Section 35. The Illinois Athletic Trainers Practice Act is
amended by changing Section 16 as follows:
(225 ILCS 5/16) (from Ch. 111, par. 7616)
(Section scheduled to be repealed on January 1, 2016)
Sec. 16. Refusal to issue, suspension, or revocation of
license. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $5,000 for each violation, with
regard to any licensee for any one or combination of the
following:
(A) Material misstatement in furnishing information to
the Department;
(B) Negligent or intentional disregard of this Act, or
of the rules or regulations promulgated hereunder;
(C) Conviction of any crime under the laws of the
United States or any state or territory thereof that is (i)
a felony, (ii) a misdemeanor, an essential element of which
is dishonesty, or (iii) of any crime that is directly
related to the practice of the profession;

HB1388 Engrossed - 36 - LRB098 07103 MGM 37164 b
(D) Making any misrepresentation for the purpose of
obtaining registration, or violating any provision of this
Act;
(E) Professional incompetence;
(F) Malpractice;
(G) Aiding or assisting another person in violating any
provision of this Act or rules;
(H) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(I) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(J) Habitual intoxication or addiction to the use of
drugs;
(K) Discipline by another state, District of Columbia,
territory, or foreign nation, if at least one of the
grounds for the discipline is the same or substantially
equivalent to those set forth herein;
(L) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this subparagraph (L) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise

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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 subparagraph (L) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(M) A finding that the licensee after having his or her
license placed on probationary status has violated the
terms of probation;
(N) Abandonment of an athlete;
(O) 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;
(P) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(Q) Physical illness, including but not limited to
deterioration through the aging process, or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(R) Solicitation of professional services other than
by permitted institutional policy;
(S) The use of any words, abbreviations, figures or
letters with the intention of indicating practice as an
athletic trainer without a valid license as an athletic

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trainer under this Act;
(T) The evaluation or treatment of ailments of human
beings other than by the practice of athletic training as
defined in this Act or the treatment of injuries of
athletes by a licensed athletic trainer except by the
referral of a physician, podiatric physician podiatrist,
or dentist;
(U) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the use of
habit-forming drugs;
(V) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the practice
of abortion;
(W) Continued practice by a person knowingly having an
infectious communicable or contagious disease;
(X) Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act;
(Y) Failure to file a return, or to pay the tax,
penalty, or interest shown in a filed return, or to pay any
final assessment of tax, penalty, or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such

HB1388 Engrossed - 39 - LRB098 07103 MGM 37164 b
tax Act are satisfied; or
(Z) Failure to fulfill continuing education
requirements as prescribed in Section 10 of this Act.
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. Such suspension will
end only upon a finding by a court that the athletic trainer is
no longer subject to involuntary admission or judicial
admission and issues an order so finding and discharging the
athlete; and upon the recommendation of the Board to the
Director that the licensee be allowed to resume his or her
practice.
(Source: P.A. 96-1482, eff. 11-29-10.)
Section 36. The Health Care Worker Self-Referral Act is
amended by changing Section 15 as follows:
(225 ILCS 47/15)
Sec. 15. Definitions. In this Act:
(a) "Board" means the Health Facilities and Services Review
Board.
(b) "Entity" means any individual, partnership, firm,
corporation, or other business that provides health services
but does not include an individual who is a health care worker
who provides professional services to an individual.

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(c) "Group practice" means a group of 2 or more health care
workers legally organized as a partnership, professional
corporation, not-for-profit corporation, faculty practice plan
or a similar association in which:
(1) each health care worker who is a member or employee
or an independent contractor of the group provides
substantially the full range of services that the health
care worker routinely provides, including consultation,
diagnosis, or treatment, through the use of office space,
facilities, equipment, or personnel of the group;
(2) the services of the health care workers are
provided through the group, and payments received for
health services are treated as receipts of the group; and
(3) the overhead expenses and the income from the
practice are distributed by methods previously determined
by the group.
(d) "Health care worker" means any individual licensed
under the laws of this State to provide health services,
including but not limited to: dentists licensed under the
Illinois Dental Practice Act; dental hygienists licensed under
the Illinois Dental Practice Act; nurses and advanced practice
nurses licensed under the Nurse Practice Act; occupational
therapists licensed under the Illinois Occupational Therapy
Practice Act; optometrists licensed under the Illinois
Optometric Practice Act of 1987; pharmacists licensed under the
Pharmacy Practice Act; physical therapists licensed under the

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Illinois Physical Therapy Act; physicians licensed under the
Medical Practice Act of 1987; physician assistants licensed
under the Physician Assistant Practice Act of 1987; podiatric
physicians podiatrists licensed under the Podiatric Medical
Practice Act of 1987; clinical psychologists licensed under the
Clinical Psychologist Licensing Act; clinical social workers
licensed under the Clinical Social Work and Social Work
Practice Act; speech-language pathologists and audiologists
licensed under the Illinois Speech-Language Pathology and
Audiology Practice Act; or hearing instrument dispensers
licensed under the Hearing Instrument Consumer Protection Act,
or any of their successor Acts.
(e) "Health services" means health care procedures and
services provided by or through a health care worker.
(f) "Immediate family member" means a health care worker's
spouse, child, child's spouse, or a parent.
(g) "Investment interest" means an equity or debt security
issued by an entity, including, without limitation, shares of
stock in a corporation, units or other interests in a
partnership, bonds, debentures, notes, or other equity
interests or debt instruments except that investment interest
for purposes of Section 20 does not include interest in a
hospital licensed under the laws of the State of Illinois.
(h) "Investor" means an individual or entity directly or
indirectly owning a legal or beneficial ownership or investment
interest, (such as through an immediate family member, trust,

HB1388 Engrossed - 42 - LRB098 07103 MGM 37164 b
or another entity related to the investor).
(i) "Office practice" includes the facility or facilities
at which a health care worker, on an ongoing basis, provides or
supervises the provision of professional health services to
individuals.
(j) "Referral" means any referral of a patient for health
services, including, without limitation:
(1) The forwarding of a patient by one health care
worker to another health care worker or to an entity
outside the health care worker's office practice or group
practice that provides health services.
(2) The request or establishment by a health care
worker of a plan of care outside the health care worker's
office practice or group practice that includes the
provision of any health services.
(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
95-876, eff. 8-21-08; 96-31, eff. 6-30-09.)
Section 38. The Home Medical Equipment and Services
Provider License Act is amended by changing Section 15 as
follows:
(225 ILCS 51/15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 15. Licensure requirement; exempt activities.
(a) No entity shall provide home medical equipment and

HB1388 Engrossed - 43 - LRB098 07103 MGM 37164 b
services, or use the title "home medical equipment and services
provider" in connection with his or her profession or business,
without a license issued by the Department under this Act.
(b) Nothing in this Act shall be construed as preventing or
restricting the practices, services, or activities of the
following, unless those practices, services, or activities
include providing home medical equipment and services through a
separate legal entity:
(1) a person licensed or registered in this State by
any other law engaging in the profession or occupation for
which he or she is licensed or registered;
(2) a home medical services provider entity that is
accredited under home care standards by a recognized
accrediting body;
(3) home health agencies that do not have a Part B
Medicare supplier number or that do not engage in the
provision of home medical equipment and services;
(4) hospitals, excluding hospital-owned and
hospital-related providers of home medical equipment and
services;
(5) manufacturers and wholesale distributors of home
medical equipment who do not sell directly to a patient;
(6) health care practitioners who lawfully prescribe
or order home medical equipment and services, or who use
home medical equipment and services to treat their
patients, including but not limited to physicians, nurses,

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physical therapists, respiratory therapists, occupational
therapists, speech-language pathologists, optometrists,
chiropractors, and podiatric physicians podiatrists;
(7) pharmacists, pharmacies, and home infusion
pharmacies that are not engaged in the sale or rental of
home medical equipment and services;
(8) hospice programs that do not involve the sale or
rental of home medical equipment and services;
(9) nursing homes;
(10) veterinarians;
(11) dentists; and
(12) emergency medical service providers.
(Source: P.A. 90-532, eff. 11-14-97.)
Section 39. The Massage Licensing Act is amended by
changing Section 25 as follows:
(225 ILCS 57/25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25. Exemptions.
(a) This Act does not prohibit a person licensed under any
other Act in this State from engaging in the practice for which
he or she is licensed.
(b) Persons exempted under this Section include, but are
not limited to, physicians, podiatric physicians podiatrists,
naprapaths, and physical therapists.

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(c) Nothing in this Act prohibits qualified members of
other professional groups, including but not limited to nurses,
occupational therapists, cosmetologists, and estheticians,
from performing massage in a manner consistent with their
training and the code of ethics of their respective
professions.
(d) Nothing in this Act prohibits a student of an approved
massage school or program from performing massage, provided
that the student does not hold himself or herself out as a
licensed massage therapist and does not receive compensation,
including tips, for massage therapy services.
(e) Nothing in this Act prohibits practitioners that do not
involve intentional soft tissue manipulation, including but
not limited to Alexander Technique, Feldenkrais, Reike, and
Therapeutic Touch, from practicing.
(f) Practitioners of certain service marked bodywork
approaches that do involve intentional soft tissue
manipulation, including but not limited to Rolfing, Trager
Approach, Polarity Therapy, and Orthobionomy, are exempt from
this Act if they are approved by their governing body based on
a minimum level of training, demonstration of competency, and
adherence to ethical standards.
(g) Practitioners of Asian bodywork approaches are exempt
from this Act if they are members of the American Organization
of Bodywork Therapies of Asia as certified practitioners or if
they are approved by an Asian bodywork organization based on a

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minimum level of training, demonstration of competency, and
adherence to ethical standards set by their governing body.
(h) Practitioners of other forms of bodywork who restrict
manipulation of soft tissue to the feet, hands, and ears, and
who do not have the client disrobe, such as reflexology, are
exempt from this Act.
(i) Nothing in this Act applies to massage therapists from
other states or countries when providing educational programs
or services for a period not exceeding 30 days within a
calendar year.
(j) Nothing in this Act prohibits a person from treating
ailments by spiritual means through prayer alone in accordance
with the tenets and practices of a recognized church or
religious denomination.
(k) Nothing in this Act applies to the practice of massage
therapy by a person either actively licensed as a massage
therapist in another state or currently certified by the
National Certification Board of Therapeutic Massage and
Bodywork or other national certifying body if said person's
state does not license massage therapists, if he or she is
performing his or her duties for a non-Illinois based team or
organization, or for a national athletic event held in this
State, so long as he or she restricts his or her practice to
his or her team or organization or to event participants during
the course of his or her team's or organization's stay in this
State or for the duration of the event.

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(Source: P.A. 96-7, eff. 4-3-09; 97-514, eff. 8-23-11.)
Section 40. The Naprapathic Practice Act is amended by
changing Sections 10, 15, and 110 as follows:
(225 ILCS 63/10)
(Section scheduled to be repealed on January 1, 2023)
Sec. 10. Definitions. In this Act:
"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.
"Naprapath" means a person who practices Naprapathy and who
has met all requirements as provided in the Act.
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
"Referral" means the following of guidance or direction to
the naprapath given by the licensed physician, dentist, or
podiatric physician podiatrist who maintains supervision of
the patient.
"Documented current and relevant diagnosis" means a

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diagnosis, substantiated by signature or oral verification of a
licensed physician, dentist, or podiatric physician
podiatrist, that a patient's condition is such that it may be
treated by naprapathy as defined in this Act, which diagnosis
shall remain in effect until changed by the licensed physician,
dentist, or podiatric physician podiatrist.
(Source: P.A. 97-778, eff. 7-13-12.)
(225 ILCS 63/15)
(Section scheduled to be repealed on January 1, 2023)
Sec. 15. Practice of naprapathy defined; referrals.
Naprapathic practice means the evaluation of persons with
connective tissue disorders through the use of naprapathic case
history and palpation or treatment of persons by the use of
connective tissue manipulation, therapeutic and rehabilitative
exercise, postural counseling, nutritional counseling, and the
use of the effective properties of physical measures of heat,
cold, light, water, radiant energy, electricity, sound and air,
and assistive devices for the purpose of preventing,
correcting, or alleviating a physical disability.
Naprapathic practice includes, but is not limited to, the
treatment of contractures, muscle spasms, inflammation, scar
tissue formation, adhesions, lesions, laxity, hypotonicity,
rigidity, structural imbalance, bruising, contusions, muscular
atrophy, and partial separation of connective tissue fibers.
Naprapathic practice also includes: (a) performance of

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specialized tests and measurements, (b) administration of
specialized treatment procedures, (c) interpretation of
referrals from licensed physicians, dentists, and podiatric
physicians podiatrists, (d) establishment and modification of
naprapathic treatment programs, and (e) supervision or
teaching of naprapathy.
Naprapathic practice does not include radiology, surgery,
pharmacology, invasive diagnostic testing, or determination of
a differential diagnosis; provided, however, the limitation on
determining a differential diagnosis shall not in any manner
limit a naprapath licensed under this Act from performing an
evaluation authorized under this Act. A naprapath licensed
under this Act who is not also licensed as a physical therapist
under the Illinois Physical Therapy Act shall not hold himself
or herself out as qualified to provide physical therapy or
physiotherapy services. Nothing in this Section shall limit a
naprapath from employing appropriate naprapathic techniques
that he or she is educated and licensed to perform. A naprapath
shall refer to a licensed physician, dentist, or podiatric
physician podiatrist any patient whose medical condition
should, at the time of evaluation or treatment, be determined
to be beyond the scope of practice of the naprapath.
(Source: P.A. 87-1231.)
(225 ILCS 63/110)
(Section scheduled to be repealed on January 1, 2023)

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Sec. 110. Grounds for disciplinary action; refusal,
revocation, suspension.
(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 imposing fines not to exceed
$10,000 for each violation, with regard to any licensee or
license for any one or combination of the following causes:
(1) Violations of this Act or of rules adopted under
this Act.
(2) Material misstatement in furnishing information to
the Department.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment, or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(5) Professional incompetence or gross negligence.
(6) Malpractice.

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(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance which results in the inability to practice
with reasonable judgment, skill, or safety.
(11) 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 Act.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. This shall not be deemed to include rent or other
remunerations paid to an individual, partnership, or
corporation by a naprapath for the lease, rental, or use of
space, owned or controlled by the individual, partnership,
corporation, or association. Nothing in this paragraph
(12) affects any bona fide independent contractor or
employment arrangements among health care professionals,

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health facilities, health care providers, or other
entities, except as otherwise prohibited by law. Any
employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.
Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) Using the title "Doctor" or its abbreviation
without further clarifying that title or abbreviation with
the word "naprapath" or "naprapathy" or the designation
"D.N.".
(14) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(15) Abandonment of a patient without cause.
(16) Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to, false records filed with State agencies or
departments.
(17) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(18) Physical or mental illness or disability,
including, but not limited to, deterioration through the

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aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(19) Solicitation of professional services by means
other than permitted advertising.
(20) Failure to provide a patient with a copy of his or
her record upon the written request of the patient.
(21) Cheating on or attempting to subvert the licensing
examination administered under this Act.
(22) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(23) (Blank).
(24) 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 a neglected
child as defined in the Abused and Neglected Child
Reporting Act.
(25) Practicing under a false or, except as provided by
law, an assumed name.
(26) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(27) Maintaining a professional relationship with any
person, firm, or corporation when the naprapath knows, or

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should know, that the person, firm, or corporation is
violating this Act.
(28) Promotion of the sale of food supplements,
devices, appliances, or goods provided for a client or
patient in such manner as to exploit the patient or client
for financial gain of the licensee.
(29) Having treated ailments of human beings other than
by the practice of naprapathy as defined in this Act, or
having treated ailments of human beings as a licensed
naprapath independent of a documented referral or
documented current and relevant diagnosis from a
physician, dentist, or podiatric physician podiatrist, or
having failed to notify the physician, dentist, or
podiatric physician podiatrist who established a
documented current and relevant diagnosis that the patient
is receiving naprapathic treatment pursuant to that
diagnosis.
(30) Use by a registered naprapath of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the place
where naprapathy may be practiced or demonstrated.
(31) Continuance of a naprapath in the employ of any
person, firm, or corporation, or as an assistant to any
naprapath or naprapaths, directly or indirectly, after his
or her employer or superior has been found guilty of
violating or has been enjoined from violating the laws of

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the State of Illinois relating to the practice of
naprapathy when the employer or superior persists in that
violation.
(32) The performance of naprapathic service in
conjunction with a scheme or plan with another person,
firm, or corporation known to be advertising in a manner
contrary to this Act or otherwise violating the laws of the
State of Illinois concerning the practice of naprapathy.
(33) Failure to provide satisfactory proof of having
participated in approved continuing education programs as
determined by and approved by the Secretary. Exceptions for
extreme hardships are to be defined by the rules of the
Department.
(34) (Blank).
(35) Gross or willful overcharging for professional
services.
(36) (Blank).
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) The Department may refuse to issue or may suspend
without hearing, as provided for in the Department of
Professional Regulation Law of the Civil Administrative Code,
the license of any person who fails to file a return, or pay
the tax, penalty, or interest shown in a filed return, or pay
any final assessment of the tax, penalty, or interest as

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required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(d) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(e) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as

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provided in the Mental Health and Developmental Development
Disabilities Code, operates as an automatic suspension. The
suspension shall end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and the issuance of an order so finding and
discharging the patient.
(f) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination and
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department. The Department shall specifically designate
the examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination 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

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submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records including business records that
relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning the examination and evaluation
of the licensee or applicant, including testimony concerning
any supplemental testing or documents in any way related 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 communications between the
licensee or applicant and the examining physician or any member
of the multidisciplinary team. No authorization is necessary
from the licensee or applicant ordered to undergo an 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 this

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examination. Failure of an individual to submit to a mental or
physical examination and evaluation, or both, when directed,
shall result in an automatic suspension without hearing, until
such time as the individual submits to the examination.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after

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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.
(Source: P.A. 96-1482, eff. 11-29-10; 97-778, eff. 7-13-12;
revised 8-3-12.)
Section 45. The Nurse Practice Act is amended by changing
Sections 50-10, 50-15, 55-30, 65-35, 65-40, 65-45, 65-55, and
70-5 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

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the calendar year.
"Advanced practice nurse" or "APN" means a person who has
met the qualifications for a (i) certified nurse midwife (CNM);
(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 after their name.
"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.
"Board" means the Board of Nursing appointed by the
Secretary.
"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
practice nurse seeks the advice or opinion of another health
care professional.
"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

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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.
"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

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license-pending registered nurse shall use the title "RN lic
pend" on all documentation related to nursing practice.
"Physician" means a person licensed to practice medicine in
all its branches under the Medical Practice Act of 1987.
"Podiatric physician" "Podiatrist" 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, judgement, 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
nurse may work under the direction of a licensed physician,
dentist, podiatric physician podiatrist, 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

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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
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 podiatrist, or a licensed optometrist or as
prescribed by a physician assistant in accordance with written

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guidelines required under the Physician Assistant Practice Act
of 1987 or by an advanced practice nurse in accordance with
Article 65 of this Act; (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
collaborating physician, dentist, or podiatric physician
podiatrist pursuant to Section 65-35.
(Source: P.A. 97-813, eff. 7-13-12.)

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(225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-15. Policy; application of Act.
(a) For the protection of life and the promotion of health,
and the prevention of illness and communicable diseases, any
person practicing or offering to practice advanced,
professional, or practical nursing in Illinois shall submit
evidence that he or she is qualified to practice, and shall be
licensed as provided under this Act. No person shall practice
or offer to practice advanced, professional, or practical
nursing in Illinois or use any title, sign, card or device to
indicate that such a person is practicing professional or
practical nursing unless such person has been licensed under
the provisions of this Act.
(b) This Act does not prohibit the following:
(1) The practice of nursing in Federal employment in
the discharge of the employee's duties by a person who is
employed by the United States government or any bureau,
division or agency thereof and is a legally qualified and
licensed nurse of another state or territory and not in
conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
this Act.
(2) Nursing that is included in the program of study by
students enrolled in programs of nursing or in current
nurse practice update courses approved by the Department.
(3) The furnishing of nursing assistance in an

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emergency.
(4) The practice of nursing by a nurse who holds an
active license in another state when providing services to
patients in Illinois during a bonafide emergency or in
immediate preparation for or during interstate transit.
(5) The incidental care of the sick by members of the
family, domestic servants or housekeepers, or care of the
sick where treatment is by prayer or spiritual means.
(6) Persons from being employed as unlicensed
assistive personnel in private homes, long term care
facilities, nurseries, hospitals or other institutions.
(7) The practice of practical nursing by one who is a
licensed practical nurse under the laws of another U.S.
jurisdiction and has applied in writing to the Department,
in form and substance satisfactory to the Department, for a
license as a licensed practical nurse and who is qualified
to receive such license under this Act, until (i) the
expiration of 6 months after the filing of such written
application, (ii) the withdrawal of such application, or
(iii) the denial of such application by the Department.
(8) The practice of advanced practice nursing by one
who is an advanced practice nurse under the laws of another
state, territory of the United States, or country and has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as an
advanced practice nurse and who is qualified to receive

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such license under this Act, until (i) the expiration of 6
months after the filing of such written application, (ii)
the withdrawal of such application, or (iii) the denial of
such application by the Department.
(9) The practice of professional nursing by one who is
a registered professional nurse under the laws of another
state, territory of the United States or country and has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a
registered professional nurse and who is qualified to
receive such license under Section 55-10, until (1) the
expiration of 6 months after the filing of such written
application, (2) the withdrawal of such application, or (3)
the denial of such application by the Department.
(10) The practice of professional nursing that is
included in a program of study by one who is a registered
professional nurse under the laws of another state or
territory of the United States or foreign country,
territory or province and who is enrolled in a graduate
nursing education program or a program for the completion
of a baccalaureate nursing degree in this State, which
includes clinical supervision by faculty as determined by
the educational institution offering the program and the
health care organization where the practice of nursing
occurs.
(11) Any person licensed in this State under any other

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Act from engaging in the practice for which she or he is
licensed.
(12) Delegation to authorized direct care staff
trained under Section 15.4 of the Mental Health and
Developmental Disabilities Administrative Act consistent
with the policies of the Department.
(13) The practice, services, or activities of persons
practicing the specified occupations set forth in
subsection (a) of, and pursuant to a licensing exemption
granted in subsection (b) or (d) of, Section 2105-350 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois, but only for so long as
the 2016 Olympic and Paralympic Games Professional
Licensure Exemption Law is operable.
(14) County correctional personnel from delivering
prepackaged medication for self-administration to an
individual detainee in a correctional facility.
Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician, dentist, or
podiatric physician podiatrist to a licensed practical nurse, a
registered professional nurse, or other persons.
(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7,
eff. 4-3-09; 96-516, eff. 8-14-09; 96-1000, eff. 7-2-10.)
(225 ILCS 65/55-30)
(Section scheduled to be repealed on January 1, 2018)

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Sec. 55-30. LPN scope of practice.
(a) Practice as a licensed practical nurse means a scope of
basic nursing practice, with or without compensation, as
delegated by a registered professional nurse or an advanced
practice nurse or as directed by a physician assistant,
physician, dentist, or podiatric physician podiatrist, and
includes, but is not limited to, all of the following:
(1) Collecting data and collaborating in the
assessment of the health status of a patient.
(2) Collaborating in the development and modification
of the registered professional nurse's or advanced
practice nurse's comprehensive nursing plan of care for all
types of patients.
(3) Implementing aspects of the plan of care as
delegated.
(4) Participating in health teaching and counseling to
promote, attain, and maintain the optimum health level of
patients, as delegated.
(5) Serving as an advocate for the patient by
communicating and collaborating with other health service
personnel, as delegated.
(6) Participating in the evaluation of patient
responses to interventions.
(7) Communicating and collaborating with other health
care professionals as delegated.
(8) Providing input into the development of policies

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and procedures to support patient safety.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-35. Written collaborative agreements.
(a) A written collaborative agreement is required for all
advanced practice nurses engaged in clinical practice, except
for advanced practice nurses who are authorized to practice in
a hospital or ambulatory surgical treatment center.
(a-5) If an advanced practice nurse engages in clinical
practice outside of a hospital or ambulatory surgical treatment
center in which he or she is authorized to practice, the
advanced practice nurse must have a written collaborative
agreement.
(b) A written collaborative agreement shall describe the
working relationship of the advanced practice nurse with the
collaborating physician or podiatric physician podiatrist and
shall authorize the categories of care, treatment, or
procedures to be performed by the advanced practice nurse. A
collaborative agreement with a dentist must be in accordance
with subsection (c-10) of this Section. Collaboration does not
require an employment relationship between the collaborating
physician and advanced practice nurse. Absent an employment
relationship, an agreement may not restrict the categories of
patients or third-party payment sources accepted by the

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advanced practice nurse. Collaboration means the relationship
under which an advanced practice nurse works with a
collaborating physician or podiatric physician podiatrist in
an active clinical practice to deliver health care services in
accordance with (i) the advanced practice nurse's training,
education, and experience and (ii) collaboration and
consultation as documented in a jointly developed written
collaborative agreement.
The agreement shall promote the exercise of professional
judgment by the advanced practice nurse commensurate with his
or her education and experience. The services to be provided by
the advanced practice nurse shall be services that the
collaborating physician or podiatric physician podiatrist is
authorized to and generally provides to his or her patients in
the normal course of his or her clinical medical practice,
except as set forth in subsection (c-5) of this Section. The
agreement need not describe the exact steps that an advanced
practice nurse must take with respect to each specific
condition, disease, or symptom but must specify which
authorized procedures require the presence of the
collaborating physician or podiatric physician podiatrist as
the procedures are being performed. The collaborative
relationship under an agreement shall not be construed to
require the personal presence of a physician or podiatric
physician podiatrist at the place where services are rendered.
Methods of communication shall be available for consultation

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with the collaborating physician or podiatric physician
podiatrist in person or by telecommunications in accordance
with established written guidelines as set forth in the written
agreement.
(c) Collaboration and consultation under all collaboration
agreements shall be adequate if a collaborating physician or
podiatric physician podiatrist does each of the following:
(1) Participates in the joint formulation and joint
approval of orders or guidelines with the advanced practice
nurse and he or she periodically reviews such orders and
the services provided patients under such orders in
accordance with accepted standards of medical practice or
podiatric practice and advanced practice nursing practice.
(2) Provides collaboration and consultation with the
advanced practice nurse at least once a month. In the case
of anesthesia services provided by a certified registered
nurse anesthetist, an anesthesiologist, physician,
dentist, or podiatric physician podiatrist must
participate through discussion of and agreement with the
anesthesia plan and remain physically present and
available on the premises during the delivery of anesthesia
services for diagnosis, consultation, and treatment of
emergency medical conditions.
(3) Is available through telecommunications for
consultation on medical problems, complications, or
emergencies or patient referral. In the case of anesthesia

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services provided by a certified registered nurse
anesthetist, an anesthesiologist, physician, dentist, or
podiatric physician podiatrist must participate through
discussion of and agreement with the anesthesia plan and
remain physically present and available on the premises
during the delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical
conditions.
The agreement must contain provisions detailing notice for
termination or change of status involving a written
collaborative agreement, except when such notice is given for
just cause.
(c-5) A certified registered nurse anesthetist, who
provides anesthesia services outside of a hospital or
ambulatory surgical treatment center shall enter into a written
collaborative agreement with an anesthesiologist or the
physician licensed to practice medicine in all its branches or
the podiatric physician podiatrist performing the procedure.
Outside of a hospital or ambulatory surgical treatment center,
the certified registered nurse anesthetist may provide only
those services that the collaborating podiatric physician
podiatrist is authorized to provide pursuant to the Podiatric
Medical Practice Act of 1987 and rules adopted thereunder. A
certified registered nurse anesthetist may select, order, and
administer medication, including controlled substances, and
apply appropriate medical devices for delivery of anesthesia

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services under the anesthesia plan agreed with by the
anesthesiologist or the operating physician or operating
podiatric physician podiatrist.
(c-10) A certified registered nurse anesthetist who
provides anesthesia services in a dental office shall enter
into a written collaborative agreement with an
anesthesiologist or the physician licensed to practice
medicine in all its branches or the operating dentist
performing the procedure. The agreement shall describe the
working relationship of the certified registered nurse
anesthetist and dentist and shall authorize the categories of
care, treatment, or procedures to be performed by the certified
registered nurse anesthetist. In a collaborating dentist's
office, the certified registered nurse anesthetist may only
provide those services that the operating dentist with the
appropriate permit is authorized to provide pursuant to the
Illinois Dental Practice Act and rules adopted thereunder. For
anesthesia services, an anesthesiologist, physician, or
operating dentist shall participate through discussion of and
agreement with the anesthesia plan and shall remain physically
present and be available on the premises during the delivery of
anesthesia services for diagnosis, consultation, and treatment
of emergency medical conditions. A certified registered nurse
anesthetist may select, order, and administer medication,
including controlled substances, and apply appropriate medical
devices for delivery of anesthesia services under the

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anesthesia plan agreed with by the operating dentist.
(d) A copy of the signed, written collaborative agreement
must be available to the Department upon request from both the
advanced practice nurse and the collaborating physician or
podiatric physician podiatrist.
(e) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons in accordance with Section 54.2 of the Medical Practice
Act of 1987. Nothing in this Act shall be construed to limit
the method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(f) An advanced practice nurse shall inform each
collaborating physician, dentist, or podiatric physician
podiatrist of all collaborative agreements he or she has signed
and provide a copy of these to any collaborating physician,
dentist, or podiatric physician podiatrist upon request.
(g) For the purposes of this Act, "generally provides to
his or her patients in the normal course of his or her clinical
medical practice" means services, not specific tasks or duties,
the physician or podiatric physician podiatrist routinely
provides individually or through delegation to other persons so
that the physician or podiatric physician podiatrist has the
experience and ability to provide collaboration and
consultation.

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(Source: P.A. 96-618, eff. 1-1-10; 97-358, eff. 8-12-11.)
(225 ILCS 65/65-40) (was 225 ILCS 65/15-20)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-40. Written collaborative agreement; prescriptive
authority.
(a) A collaborating physician or podiatric physician
podiatrist may, but is not required to, delegate prescriptive
authority to an advanced practice nurse as part of a written
collaborative agreement. This authority may, but is not
required to, include prescription of, selection of, orders for,
administration of, storage of, acceptance of samples of, and
dispensing over the counter medications, legend drugs, medical
gases, and controlled substances categorized as any Schedule
III through V controlled substances, as defined in Article II
of the Illinois Controlled Substances Act, and other
preparations, including, but not limited to, botanical and
herbal remedies. The collaborating physician or podiatric
physician podiatrist must have a valid current Illinois
controlled substance license and federal registration to
delegate authority to prescribe delegated controlled
substances.
(b) To prescribe controlled substances under this Section,
an advanced practice nurse must obtain a mid-level practitioner
controlled substance license. Medication orders shall be
reviewed periodically by the collaborating physician or

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podiatric physician podiatrist.
(c) The collaborating physician or podiatric physician
podiatrist shall file with the Department notice of delegation
of prescriptive authority and termination of such delegation,
in accordance with rules of the Department. Upon receipt of
this notice delegating authority to prescribe any Schedule III
through V controlled substances, the licensed advanced
practice nurse shall be eligible to register for a mid-level
practitioner controlled substance license under Section 303.05
of the Illinois Controlled Substances Act.
(d) In addition to the requirements of subsections (a),
(b), and (c) of this Section, a collaborating physician or
podiatric physician podiatrist may, but is not required to,
delegate authority to an advanced practice nurse to prescribe
any Schedule II controlled substances, if all of the following
conditions apply:
(1) Specific Schedule II controlled substances by oral
dosage or topical or transdermal application may be
delegated, provided that the delegated Schedule II
controlled substances are routinely prescribed by the
collaborating physician or podiatric physician podiatrist.
This delegation must identify the specific Schedule II
controlled substances by either brand name or generic name.
Schedule II controlled substances to be delivered by
injection or other route of administration may not be
delegated.

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(2) Any delegation must be controlled substances that
the collaborating physician or podiatric physician
podiatrist prescribes.
(3) Any prescription must be limited to no more than a
30-day supply, with any continuation authorized only after
prior approval of the collaborating physician or podiatric
physician podiatrist.
(4) The advanced practice nurse must discuss the
condition of any patients for whom a controlled substance
is prescribed monthly with the delegating physician.
(5) The advanced practice nurse meets the education
requirements of Section 303.05 of the Illinois Controlled
Substances Act.
(e) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(f) Nothing in this Section shall be construed to apply to
any medication authority including Schedule II controlled
substances of an advanced practice nurse for care provided in a
hospital, hospital affiliate, or ambulatory surgical treatment
center pursuant to Section 65-45.
(g) Any advanced practice nurse who writes a prescription

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for a controlled substance without having a valid appropriate
authority may be fined by the Department not more than $50 per
prescription, and the Department may take any other
disciplinary action provided for in this Act.
(h) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 96-189, eff. 8-10-09; 97-358, eff. 8-12-11.)
(225 ILCS 65/65-45) (was 225 ILCS 65/15-25)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-45. Advanced practice nursing in hospitals,
hospital affiliates, or ambulatory surgical treatment centers.
(a) An advanced practice nurse may provide services in a
hospital or a hospital affiliate as those terms are defined in
the Hospital Licensing Act or the University of Illinois
Hospital Act or a licensed ambulatory surgical treatment center
without a written collaborative agreement pursuant to Section
65-35 of this Act. An advanced practice nurse must possess
clinical privileges recommended by the hospital medical staff
and granted by the hospital or the consulting medical staff
committee and ambulatory surgical treatment center in order to
provide services. The medical staff or consulting medical staff
committee shall periodically review the services of advanced
practice nurses granted clinical privileges, including any
care provided in a hospital affiliate. Authority may also be
granted when recommended by the hospital medical staff and

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granted by the hospital or recommended by the consulting
medical staff committee and ambulatory surgical treatment
center to individual advanced practice nurses to select, order,
and administer medications, including controlled substances,
to provide delineated care. In a hospital, hospital affiliate,
or ambulatory surgical treatment center, the attending
physician shall determine an advanced practice nurse's role in
providing care for his or her patients, except as otherwise
provided in the medical staff bylaws or consulting committee
policies.
(a-2) An advanced practice nurse granted authority to order
medications including controlled substances may complete
discharge prescriptions provided the prescription is in the
name of the advanced practice nurse and the attending or
discharging physician.
(a-3) Advanced practice nurses practicing in a hospital or
an ambulatory surgical treatment center are not required to
obtain a mid-level controlled substance license to order
controlled substances under Section 303.05 of the Illinois
Controlled Substances Act.
(a-5) For anesthesia services provided by a certified
registered nurse anesthetist, an anesthesiologist, physician,
dentist, or podiatric physician podiatrist shall participate
through discussion of and agreement with the anesthesia plan
and shall remain physically present and be available on the
premises during the delivery of anesthesia services for

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diagnosis, consultation, and treatment of emergency medical
conditions, unless hospital policy adopted pursuant to clause
(B) of subdivision (3) of Section 10.7 of the Hospital
Licensing Act or ambulatory surgical treatment center policy
adopted pursuant to clause (B) of subdivision (3) of Section
6.5 of the Ambulatory Surgical Treatment Center Act provides
otherwise. A certified registered nurse anesthetist may
select, order, and administer medication for anesthesia
services under the anesthesia plan agreed to by the
anesthesiologist or the physician, in accordance with hospital
alternative policy or the medical staff consulting committee
policies of a licensed ambulatory surgical treatment center.
(b) An advanced practice nurse who provides services in a
hospital shall do so in accordance with Section 10.7 of the
Hospital Licensing Act and, in an ambulatory surgical treatment
center, in accordance with Section 6.5 of the Ambulatory
Surgical Treatment Center Act.
(Source: P.A. 97-358, eff. 8-12-11.)
(225 ILCS 65/65-55) (was 225 ILCS 65/15-40)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-55. Advertising as an APN.
(a) A person licensed under this Act as an advanced
practice nurse may advertise the availability of professional
services in the public media or on the premises where the
professional services are rendered. The advertising shall be

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limited to the following information:
(1) publication of the person's name, title, office
hours, address, and telephone number;
(2) information pertaining to the person's areas of
specialization, including but not limited to appropriate
board certification or limitation of professional
practice;
(3) publication of the person's collaborating
physician's, dentist's, or podiatric physician's
podiatrist's name, title, and areas of specialization;
(4) information on usual and customary fees for routine
professional services offered, which shall include
notification that fees may be adjusted due to complications
or unforeseen circumstances;
(5) announcements of the opening of, change of, absence
from, or return to business;
(6) announcement of additions to or deletions from
professional licensed staff; and
(7) the issuance of business or appointment cards.
(b) It is unlawful for a person licensed under this Act as
an advanced practice nurse to use testimonials or claims of
superior quality of care to entice the public. It shall be
unlawful to advertise fee comparisons of available services
with those of other licensed persons.
(c) This Article does not authorize the advertising of
professional services that the offeror of the services is not

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licensed or authorized to render. Nor shall the advertiser use
statements that contain false, fraudulent, deceptive, or
misleading material or guarantees of success, statements that
play upon the vanity or fears of the public, or statements that
promote or produce unfair competition.
(d) It is unlawful and punishable under the penalty
provisions of this Act for a person licensed under this Article
to knowingly advertise that the licensee will accept as payment
for services rendered by assignment from any third party payor
the amount the third party payor covers as payment in full, if
the effect is to give the impression of eliminating the need of
payment by the patient of any required deductible or copayment
applicable in the patient's health benefit plan.
(e) A licensee shall include in every advertisement for
services regulated under this Act his or her title as it
appears on the license or the initials authorized under this
Act.
(f) As used in this Section, "advertise" means solicitation
by the licensee or through another person or entity by means of
handbills, posters, circulars, motion pictures, radio,
newspapers, or television or any other manner.
(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.

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(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 per
violation, with regard to a license for any one or combination
of the causes set forth in subsection (b) below. All fines
collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the following:
(1) Material deception in furnishing information to
the Department.
(2) Material violations of any provision of this Act or
violation of the rules of or final administrative action of
the Secretary, after consideration of the recommendation
of the Board.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony; or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under

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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
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

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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
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

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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.
(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.

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(24) Immoral conduct in the commission of an act,
including, but not limited to, sexual abuse, sexual
misconduct, or sexual exploitation, related to the
licensee's practice.
(25) Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.
(26) Practicing under a false or assumed name, except
as provided by law.
(27) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
practice.
(28) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (28) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (28) shall be construed to
require an employment arrangement to receive professional

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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
podiatrist 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

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regulations relating to controlled substances.
(36) Willfully or negligently violating the
confidentiality between an advanced practice nurse,
collaborating physician, dentist, or podiatric physician
podiatrist 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
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

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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 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
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

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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
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

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with nursing standards under the provisions of his or her
license.
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
96-1482, eff. 11-29-10.)
Section 50. The Illinois Occupational Therapy Practice Act
is amended by changing Sections 3.1 and 19 as follows:
(225 ILCS 75/3.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 3.1. Referrals. A licensed occupational therapist or
licensed occupational therapy assistant may consult with,
educate, evaluate, and monitor services for clients concerning
non-medical occupational therapy needs. Implementation of
direct occupational therapy to individuals for their specific
health care conditions shall be based upon a referral from a
licensed physician, dentist, podiatric physician podiatrist,
or advanced practice nurse who has a written collaborative
agreement with a collaborating physician to provide or accept
referrals from licensed occupational therapists, physician
assistant who has been delegated authority to provide or accept
referrals from or to licensed occupational therapists, or
optometrist.
An occupational therapist shall refer to a licensed
physician, dentist, optometrist, advanced practice nurse,
physician assistant, or podiatric physician podiatrist any

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patient whose medical condition should, at the time of
evaluation or treatment, be determined to be beyond the scope
of practice of the occupational therapist.
(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03; 93-962,
eff. 8-20-04.)
(225 ILCS 75/19) (from Ch. 111, par. 3719)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19. (a) The Department may refuse to issue or renew,
or may revoke, suspend, place on probation, reprimand or take
other disciplinary action as the Department may deem proper,
including fines not to exceed $2,500 for each violation, with
regard to any license for any one or combination of the
following:
(1) Material misstatement in furnishing information to
the Department;
(2) Wilfully violating this Act, or of the rules
promulgated thereunder;
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof which is a
felony or which is a misdemeanor, an essential element of
which is dishonesty, or of any crime which is directly
related to the practice of occupational therapy;
(4) Making any misrepresentation for the purpose of
obtaining certification, or violating any provision of
this Act or the rules promulgated thereunder pertaining to

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advertising;
(5) Having demonstrated unworthiness, or incompetency
to act as an occupational therapist or occupational therapy
assistant in such manner as to safeguard the interest of
the public;
(6) Wilfully aiding or assisting another person, firm,
partnership or corporation in violating any provision of
this Act or rules;
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual intoxication or addiction to the use of
drugs;
(10) Discipline by another state, the District of
Columbia, a territory, or foreign nation, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth herein;
(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 professional services not actually or personally
rendered. Nothing in this paragraph (11) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health

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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 (11) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(12) A finding by the Department that the license
holder, after having his license disciplined, has violated
the terms of the discipline;
(13) Wilfully making or filing false records or reports
in the practice of occupational therapy, including but not
limited to false records filed with the State agencies or
departments;
(14) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgment, skill or safety;
(15) Solicitation of professional services other than
by permitted advertising;
(16) Wilfully exceeding the scope of practice
customarily undertaken by persons licensed under this Act,
which conduct results in, or may result in, harm to the
public;
(17) Holding one's self out to practice occupational

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therapy under any name other than his own or impersonation
of any other occupational therapy licensee;
(18) Gross negligence;
(19) Malpractice;
(20) Obtaining a fee in money or gift in kind of any
other items of value or in the form of financial profit or
benefit as personal compensation, or as compensation, or
charge, profit or gain for an employer or for any other
person or persons, on the fraudulent misrepresentation
that a manifestly incurable condition of sickness, disease
or injury to any person can be cured;
(21) Accepting commissions or rebates or other forms of
remuneration for referring persons to other professionals;
(22) Failure to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such
tax Act are satisfied;
(23) Violating the Health Care Worker Self-Referral
Act; and
(24) Having treated patients other than by the practice
of occupational therapy as defined in this Act, or having
treated patients as a licensed occupational therapist
independent of a referral from a physician, advanced
practice nurse or physician assistant in accordance with

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Section 3.1, dentist, podiatric physician podiatrist, or
optometrist, or having failed to notify the physician,
advanced practice nurse, physician assistant, dentist,
podiatric physician podiatrist, or optometrist who
established a diagnosis that the patient is receiving
occupational therapy pursuant to that diagnosis.
(b) The determination by a circuit court that a license
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission, an order by the
court so finding and discharging the patient, and the
recommendation of the Board to the Director that the license
holder be allowed to resume his practice.
(c) The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of 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 as determined by the Department
of Revenue.
(d) In enforcing this Section, the Board, upon a showing of
a possible violation, may compel a licensee or applicant to

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submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The examining
physicians or clinical psychologists shall be those
specifically designated by the Board. The Board or the
Department may order (i) the examining physician to present
testimony concerning the mental or physical examination of a
licensee or applicant or (ii) the examining clinical
psychologist to present testimony concerning the mental
examination of a licensee or applicant. No information shall be
excluded by reason of any common law or statutory privilege
relating to communications between a licensee or applicant and
the examining physician or clinical psychologist. An
individual to be examined may have, at his or her own expense,
another physician or clinical psychologist of his or her choice
present during all aspects of the examination. Failure of an
individual to submit to a mental or physical examination, when
directed, is grounds for suspension of his or her license. The
license must remain suspended until the person submits to the
examination or the Board finds, after notice and hearing, that
the refusal to submit to the examination was with reasonable
cause.
If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board must
require the individual to submit to care, counseling, or
treatment by a physician or clinical psychologist approved by
the Board, as a condition, term, or restriction for continued,

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reinstated, or renewed licensure to practice. In lieu of care,
counseling, or treatment, the Board may recommend that the
Department file a complaint to immediately suspend or revoke
the license of the individual or otherwise discipline the
licensee.
Any individual whose license was granted, continued,
reinstated, or renewed subject to conditions, terms, or
restrictions, as provided for in this Section, or any
individual who was disciplined or placed on supervision
pursuant to this Section must be referred to the Director for a
determination as to whether the person shall have his or her
license suspended immediately, pending a hearing by the Board.
(Source: P.A. 96-1482, eff. 11-29-10.)
Section 55. The Orthotics, Prosthetics, and Pedorthics
Practice Act is amended by changing Sections 10 and 57 as
follows:
(225 ILCS 84/10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10. Definitions. As used in this Act:
"Accredited facility" means a facility which has been
accredited by the Center for Medicare Medicaid Services to
practice prosthetics, orthotics or pedorthics and which
represents itself to the public by title or description of
services that includes the term "prosthetic", "prosthetist",

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"artificial limb", "orthotic", "orthotist", "brace",
"pedorthic", "pedorthist" or a similar title or description of
services.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file maintained by the Department's licensure
maintenance unit. 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.
"Assistant" means a person who is educated and trained to
participate in comprehensive orthotic or prosthetic care while
under the supervision, as defined by rule, of a licensed
orthotist or licensed prosthetist. Assistants may perform
orthotic or prosthetic procedures and related tasks in the
management of patient care. Assistants may also fabricate,
repair, and maintain orthoses and prostheses.
"Board" means the Board of Orthotics, Prosthetics, and
Pedorthics.
"Custom fabricated device" means an orthosis, prosthesis,
or pedorthic device fabricated to comprehensive measurements
or a mold or patient model for use by a patient in accordance
with a prescription and which requires clinical and technical
judgment in its design, fabrication, and fitting.
"Custom fitted device" means an orthosis, prosthesis, or
pedorthic device made to patient measurements sized or modified

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for use by the patient in accordance with a prescription and
which requires clinical and technical judgment and substantive
alteration in its design.
"Department" means the Department of Financial and
Professional Regulation.
"Facility" means the business location where orthotic,
prosthetic, or pedorthic care is provided and, in the case of
an orthotic/prosthetic facility, has the appropriate clinical
and laboratory space and equipment to provide comprehensive
orthotic or prosthetic care and, in the case of a pedorthic
facility, has the appropriate clinical space and equipment to
provide pedorthic care. Licensed orthotists, prosthetists, and
pedorthists must be available to either provide care or
supervise the provision of care by unlicensed staff.
"Licensed orthotist" or "LO" means a person licensed under
this Act to practice orthotics and who represents himself or
herself to the public by title or description of services that
includes the term "orthotic", "orthotist", "brace", or a
similar title or description of services.
"Licensed pedorthist" or "LPed" means a person licensed
under this Act to practice pedorthics and who represents
himself or herself to the public by the title or description of
services that include the term "pedorthic", "pedorthist", or a
similar title or description of services.
"Licensed physician" means a person licensed under the
Medical Practice Act of 1987.

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"Licensed podiatric physician" podiatrist" means a person
licensed under the Podiatric Medical Practice Act of 1987.
"Licensed prosthetist" or "LP" means a person licensed
under this Act to practice prosthetics and who represents
himself or herself to the public by title or description of
services that includes the term "prosthetic", "prosthetist",
"artificial limb", or a similar title or description of
services.
"Off-the-shelf device" means a prefabricated orthosis,
prosthesis, or pedorthic device sized or modified for use by
the patient in accordance with a prescription and that does not
require substantial clinical judgment and substantive
alteration for appropriate use.
"Orthosis" means a custom-fabricated or custom-fitted
brace or support designed to provide for alignment, correction,
or prevention of neuromuscular or musculoskeletal dysfunction,
disease, injury, or deformity. "Orthosis" does not include
fabric or elastic supports, corsets, arch supports,
low-temperature plastic splints, trusses, elastic hoses,
canes, crutches, soft cervical collars, dental appliances, or
other similar devices carried in stock and sold as
"over-the-counter" items by a drug store, department store,
corset shop, or surgical supply facility.
"Orthotic and Prosthetic Education Program" means a course
of instruction accredited by the Commission on Accreditation of
Allied Health Education Programs, consisting of (i) a basic

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curriculum of college level instruction in math, physics,
biology, chemistry, and psychology and (ii) a specific
curriculum in orthotic or prosthetic courses, including: (A)
lectures covering pertinent anatomy, biomechanics,
pathomechanics, prosthetic-orthotic components and materials,
training and functional capabilities, prosthetic or orthotic
performance evaluation, prescription considerations, etiology
of amputations and disease processes necessitating prosthetic
or orthotic use, and medical management; (B) subject matter
related to pediatric and geriatric problems; (C) instruction in
acute care techniques, such as immediate and early
post-surgical prosthetics and fracture bracing techniques; and
(D) lectures, demonstrations, and laboratory experiences
related to the entire process of measuring, casting, fitting,
fabricating, aligning, and completing prostheses or orthoses.
"Orthotic and prosthetic scope of practice" means a list of
tasks, with relative weight given to such factors as
importance, criticality, and frequency, based on
internationally accepted standards of orthotic and prosthetic
care as outlined by the International Society of Prosthetics
and Orthotics' professional profile for Category I and Category
III orthotic and prosthetic personnel.
"Orthotics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting,
adjusting, or servicing an orthosis under an order from a
licensed physician or podiatric physician podiatrist for the

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correction or alleviation of neuromuscular or musculoskeletal
dysfunction, disease, injury, or deformity.
"Orthotist" means a health care professional, specifically
educated and trained in orthotic patient care, who measures,
designs, fabricates, fits, or services orthoses and may assist
in the formulation of the order and treatment plan of orthoses
for the support or correction of disabilities caused by
neuro-musculoskeletal diseases, injuries, or deformities.
"Over-the-counter" means a prefabricated, mass-produced
device that is prepackaged and requires no professional advice
or judgement in either size selection or use, including fabric
or elastic supports, corsets, generic arch supports, elastic
hoses.
"Pedorthic device" means therapeutic shoes (e.g. diabetic
shoes and inserts), shoe modifications made for therapeutic
purposes, below the ankle partial foot prostheses, and foot
orthoses for use at the ankle or below. It also includes
subtalar-control foot orthoses designed to manage the function
of the anatomy by controlling the range of motion of the
subtalar joint. Excluding footwear, the proximal height of a
custom pedorthic device does not extend beyond the junction of
the gastrocnemius and the Achilles tendon. Pedorthic devices do
not include non-therapeutic inlays or footwear regardless of
method of manufacture; unmodified, non-therapeutic
over-the-counter shoes; or prefabricated foot care products.
"Therapeutic" devices address a medical condition, diagnosed

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by a prescribing medical professional, while "non-therapeutic"
devices do not address a medical condition.
"Pedorthic education program" means an educational program
accredited by the National Commission on Orthotic and
Prosthetic Education consisting of (i) a basic curriculum of
instruction in foot-related pathology of diseases, anatomy,
and biomechanics and (ii) a specific curriculum in pedorthic
courses, including lectures covering shoes, foot orthoses, and
shoe modifications, pedorthic components and materials,
training and functional capabilities, pedorthic performance
evaluation, prescription considerations, etiology of disease
processes necessitating use of pedorthic devices, medical
management, subject matter related to pediatric and geriatric
problems, and lectures, demonstrations, and laboratory
experiences related to the entire process of measuring and
casting, fitting, fabricating, aligning, and completing
pedorthic devices.
"Pedorthic scope of practice" means a list of tasks with
relative weight given to such factors as importance,
criticality, and frequency based on nationally accepted
standards of pedorthic care as outlined by the National
Commission on Orthotic and Prosthetic Education comprehensive
analysis with an empirical validation study of the profession
performed by an independent testing company.
"Pedorthics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting,

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adjusting, or servicing a pedorthic device under an order from
a licensed physician or podiatric physician podiatrist for the
correction or alleviation of neuromuscular or musculoskeletal
dysfunction, disease, injury, or deformity.
"Pedorthist" means a health care professional,
specifically educated and trained in pedorthic patient care,
who measures, designs, fabricates, fits, or services pedorthic
devices and may assist in the formulation of the order and
treatment plan of pedorthic devices for the support or
correction of disabilities caused by neuro-musculoskeletal
diseases, injuries, or deformities.
"Person" means a natural person.
"Prosthesis" means an artificial medical device that is not
surgically implanted and that is used to replace a missing
limb, appendage, or any other external human body part
including an artificial limb, hand, or foot. "Prosthesis" does
not include artificial eyes, ears, fingers, or toes, dental
appliances, cosmetic devices such as artificial breasts,
eyelashes, or wigs, or other devices that do not have a
significant impact on the musculoskeletal functions of the
body.
"Prosthetics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling,
fitting, adjusting, or servicing a prosthesis under an order
from a licensed physician.
"Prosthetist" means a health care professional,

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specifically educated and trained in prosthetic patient care,
who measures, designs, fabricates, fits, or services
prostheses and may assist in the formulation of the order and
treatment plan of prostheses for the replacement of external
parts of the human body lost due to amputation or congenital
deformities or absences.
"Prosthetist/orthotist" means a person who practices both
disciplines of prosthetics and orthotics and who represents
himself or herself to the public by title or by description of
services. A person who is currently licensed by the State as
both a licensed prosthetist and a licensed orthotist may use
the title "Licensed Prosthetist Orthotist" or "LPO".
"Resident" means a person who has completed an education
program in either orthotics or prosthetics and is continuing
his or her clinical education in a residency accredited by the
National Commission on Orthotic and Prosthetic Education.
"Residency" means a minimum of a one-year approved
supervised program to acquire practical clinical training in
orthotics or prosthetics in a patient care setting.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Technician" means a person who assists an orthotist,
prosthetist, prosthetist/orthotist, or pedorthist with
fabrication of orthoses, prostheses, or pedorthic devices but
does not provide direct patient care.
(Source: P.A. 96-682, eff. 8-25-09.)

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(225 ILCS 84/57)
(Section scheduled to be repealed on January 1, 2020)
Sec. 57. Limitation on provision of care and services. A
licensed orthotist, prosthetist, or pedorthist may provide
care or services only if the care or services are provided
pursuant to an order from (i) a licensed physician, (ii) a
podiatric physician podiatrist, (iii) an advanced practice
nurse who has a written collaborative agreement with a
collaborating physician or podiatric physician podiatrist that
specifically authorizes ordering the services of an orthotist,
prosthetist or pedorthist, (iv) an advanced practice nurse who
practices in a hospital or ambulatory surgical treatment center
and possesses clinical privileges to order services of an
orthotist, prosthetist, or pedorthist, or (v) a physician
assistant who has been delegated the authority to order the
services of an orthotist, prosthetist, or pedorthist by his or
her supervising physician. A licensed podiatric physician
podiatrist or advanced practice nurse collaborating with a
podiatric physician podiatrist may only order care or services
concerning the foot from a licensed prosthetist.
(Source: P.A. 96-682, eff. 8-25-09.)
Section 60. The Pharmacy Practice Act is amended by
changing Sections 3, 4, and 22 as follows:

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(225 ILCS 85/3)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmacist care is provided by a pharmacist (1) where drugs,
medicines, or poisons are dispensed, sold or offered for sale
at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, advanced practice
nurses, physician assistants, veterinarians, podiatric
physicians podiatrists, or optometrists, within the limits of
their licenses, are compounded, filled, or dispensed; or (3)
which has upon it or displayed within it, or affixed to or used
in connection with it, a sign bearing the word or words
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
"Drugs", "Dispensary", "Medicines", or any word or words of
similar or like import, either in the English language or any
other language; or (4) where the characteristic prescription
sign (Rx) or similar design is exhibited; or (5) any store, or
shop, or other place with respect to which any of the above
words, objects, signs or designs are used in any advertisement.
(b) "Drugs" means and includes (l) articles recognized in
the official United States Pharmacopoeia/National Formulary
(USP/NF), or any supplement thereto and being intended for and

HB1388 Engrossed - 112 - LRB098 07103 MGM 37164 b
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration, but
does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and having
for their main use the diagnosis, cure, mitigation, treatment
or prevention of disease in man or other animals, as approved
by the United States Food and Drug Administration, but does not
include devices or their components, parts, or accessories; and
(3) articles (other than food) having for their main use and
intended to affect the structure or any function of the body of
man or other animals; and (4) articles having for their main
use and intended for use as a component or any articles
specified in clause (l), (2) or (3); but does not include
devices or their components, parts or accessories.
(c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and
Drug Administration.
(d) "Practice of pharmacy" means (1) the interpretation and
the provision of assistance in the monitoring, evaluation, and
implementation of prescription drug orders; (2) the dispensing
of prescription drug orders; (3) participation in drug and
device selection; (4) drug administration limited to the
administration of oral, topical, injectable, and inhalation as
follows: in the context of patient education on the proper use
or delivery of medications; vaccination of patients 14 years of

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age and older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in all its
branches, upon completion of appropriate training, including
how to address contraindications and adverse reactions set
forth by rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital pharmacy
and therapeutics committee policies and procedures; (5)
vaccination of patients ages 10 through 13 limited to the
Influenza (inactivated influenza vaccine and live attenuated
influenza intranasal vaccine) and Tdap (defined as tetanus,
diphtheria, acellular pertussis) vaccines, pursuant to a valid
prescription or standing order, by a physician licensed to
practice medicine in all its branches, upon completion of
appropriate training, including how to address
contraindications and adverse reactions set forth by rule, with
notification to the patient's physician and appropriate record
retention, or pursuant to hospital pharmacy and therapeutics
committee policies and procedures; (6) drug regimen review; (7)
drug or drug-related research; (8) the provision of patient
counseling; (9) the practice of telepharmacy; (10) the
provision of those acts or services necessary to provide
pharmacist care; (11) medication therapy management; and (12)
the responsibility for compounding and labeling of drugs and
devices (except labeling by a manufacturer, repackager, or
distributor of non-prescription drugs and commercially
packaged legend drugs and devices), proper and safe storage of

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drugs and devices, and maintenance of required records. A
pharmacist who performs any of the acts defined as the practice
of pharmacy in this State must be actively licensed as a
pharmacist under this Act.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, or
podiatric physician podiatrist, or optometrist, within the
limits of their licenses, by a physician assistant in
accordance with subsection (f) of Section 4, or by an advanced
practice nurse in accordance with subsection (g) of Section 4,
containing the following: (l) name of the patient; (2) date
when prescription was issued; (3) name and strength of drug or
description of the medical device prescribed; and (4) quantity;
(5) directions for use; (6) prescriber's name, address, and
signature; and (7) DEA number where required, for controlled
substances. The prescription may, but is not required to, list
the illness, disease, or condition for which the drug or device
is being prescribed. DEA numbers shall not be required on
inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity, or
any other legal entity.
(g) "Department" means the Department of Financial and
Professional Regulation.

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(h) "Board of Pharmacy" or "Board" means the State Board of
Pharmacy of the Department of Financial and Professional
Regulation.
(i) "Secretary" means the Secretary of Financial and
Professional Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act, the ID/DD Community
Care Act, the Specialized Mental Health Rehabilitation Act, or
the Hospital Licensing Act, or "An Act in relation to the
founding and operation of the University of Illinois Hospital
and the conduct of University of Illinois health care
programs", approved July 3, 1931, as amended, or a facility
which is operated by the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is responsible
for all aspects of the operation related to the practice of

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pharmacy.
(m) "Dispense" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
(n) "Nonresident pharmacy" means a pharmacy that is located
in a state, commonwealth, or territory of the United States,
other than Illinois, that delivers, dispenses, or distributes,
through the United States Postal Service, commercially
acceptable parcel delivery service, or other common carrier, to
Illinois residents, any substance which requires a
prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of

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professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about
the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A

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pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student pharmacist;
and (3) acquiring a patient's allergies and health conditions.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
(t) (Blank).
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent, or
other similar or related article, including any component part
or accessory, required under federal law to bear the label
"Caution: Federal law requires dispensing by or on the order of
a physician". A seller of goods and services who, only for the
purpose of retail sales, compounds, sells, rents, or leases
medical devices shall not, by reasons thereof, be required to
be a licensed pharmacy.
(v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable biometric or electronic identification process as
approved by the Department.
(w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
(x) "Automated pharmacy system" means a mechanical system

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located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
(y) "Drug regimen review" means and includes the evaluation
of prescription drug orders and patient records for (1) known
allergies; (2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as age,
gender, and contraindications; (4) reasonable directions for
use; (5) potential or actual adverse drug reactions; (6)
drug-drug interactions; (7) drug-food interactions; (8)
drug-disease contraindications; (9) therapeutic duplication;
(10) patient laboratory values when authorized and available;
(11) proper utilization (including over or under utilization)
and optimum therapeutic outcomes; and (12) abuse and misuse.
(z) "Electronic transmission prescription" means any
prescription order for which a facsimile or electronic image of
the order is electronically transmitted from a licensed
prescriber to a pharmacy. "Electronic transmission
prescription" includes both data and image prescriptions.
(aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice nurses authorized in a written

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agreement with a physician licensed to practice medicine in all
its branches, or physician assistants authorized in guidelines
by a supervising physician that optimize therapeutic outcomes
for individual patients through improved medication use. In a
retail or other non-hospital pharmacy, medication therapy
management services shall consist of the evaluation of
prescription drug orders and patient medication records to
resolve conflicts with the following:
(1) known allergies;
(2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as
age, gender, and contraindications;
(4) reasonable directions for use;
(5) potential or actual adverse drug reactions;
(6) drug-drug interactions;
(7) drug-food interactions;
(8) drug-disease contraindications;
(9) identification of therapeutic duplication;
(10) patient laboratory values when authorized and
available;
(11) proper utilization (including over or under
utilization) and optimum therapeutic outcomes; and
(12) drug abuse and misuse.
"Medication therapy management services" includes the
following:

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(1) documenting the services delivered and
communicating the information provided to patients'
prescribers within an appropriate time frame, not to exceed
48 hours;
(2) providing patient counseling designed to enhance a
patient's understanding and the appropriate use of his or
her medications; and
(3) providing information, support services, and
resources designed to enhance a patient's adherence with
his or her prescribed therapeutic regimens.
"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her identified
patient or groups of patients under specified conditions or
limitations in a standing order from the physician.
"Medication therapy management services" in a licensed
hospital may also include the following:
(1) reviewing assessments of the patient's health
status; and
(2) following protocols of a hospital pharmacy and
therapeutics committee with respect to the fulfillment of
medication orders.
(bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and

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enhance patient safety.
(cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
(1) transmitted by electronic media;
(2) maintained in any medium set forth in the
definition of "electronic media" in the federal Health
Insurance Portability and Accountability Act; or
(3) transmitted or maintained in any other form or
medium.
"Protected health information" does not include
individually identifiable health information found in:
(1) education records covered by the federal Family
Educational Right and Privacy Act; or
(2) employment records held by a licensee in its role
as an employer.
(dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to practice
medicine in all its branches in Illinois.
(ee) "Address of record" means the 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.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(Source: P.A. 96-339, eff. 7-1-10; 96-673, eff. 1-1-10;

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96-1000, eff. 7-2-10; 96-1353, eff. 7-28-10; 97-38, eff.
6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1043,
eff. 8-21-12.)
(225 ILCS 85/4) (from Ch. 111, par. 4124)
(Section scheduled to be repealed on January 1, 2018)
Sec. 4. Exemptions. Nothing contained in any Section of
this Act shall apply to, or in any manner interfere with:
(a) the lawful practice of any physician licensed to
practice medicine in all of its branches, dentist, podiatric
physician podiatrist, veterinarian, or therapeutically or
diagnostically certified optometrist within the limits of his
or her license, or prevent him or her from supplying to his or
her bona fide patients such drugs, medicines, or poisons as may
seem to him appropriate;
(b) the sale of compressed gases;
(c) the sale of patent or proprietary medicines and
household remedies when sold in original and unbroken packages
only, if such patent or proprietary medicines and household
remedies be properly and adequately labeled as to content and
usage and generally considered and accepted as harmless and
nonpoisonous when used according to the directions on the
label, and also do not contain opium or coca leaves, or any
compound, salt or derivative thereof, or any drug which,
according to the latest editions of the following authoritative
pharmaceutical treatises and standards, namely, The United

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States Pharmacopoeia/National Formulary (USP/NF), the United
States Dispensatory, and the Accepted Dental Remedies of the
Council of Dental Therapeutics of the American Dental
Association or any or either of them, in use on the effective
date of this Act, or according to the existing provisions of
the Federal Food, Drug, and Cosmetic Act and Regulations of the
Department of Health and Human Services, Food and Drug
Administration, promulgated thereunder now in effect, is
designated, described or considered as a narcotic, hypnotic,
habit forming, dangerous, or poisonous drug;
(d) the sale of poultry and livestock remedies in original
and unbroken packages only, labeled for poultry and livestock
medication;
(e) the sale of poisonous substances or mixture of
poisonous substances, in unbroken packages, for nonmedicinal
use in the arts or industries or for insecticide purposes;
provided, they are properly and adequately labeled as to
content and such nonmedicinal usage, in conformity with the
provisions of all applicable federal, state and local laws and
regulations promulgated thereunder now in effect relating
thereto and governing the same, and those which are required
under such applicable laws and regulations to be labeled with
the word "Poison", are also labeled with the word "Poison"
printed thereon in prominent type and the name of a readily
obtainable antidote with directions for its administration;
(f) the delegation of limited prescriptive authority by a

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physician licensed to practice medicine in all its branches to
a physician assistant under Section 7.5 of the Physician
Assistant Practice Act of 1987. This delegated authority under
Section 7.5 of the Physician Assistant Practice Act of 1987
may, but is not required to, include prescription of controlled
substances, as defined in Article II of the Illinois Controlled
Substances Act, in accordance with a written supervision
agreement; and
(g) the delegation of prescriptive authority by a physician
licensed to practice medicine in all its branches or a licensed
podiatric physician podiatrist to an advanced practice nurse in
accordance with a written collaborative agreement under
Sections 65-35 and 65-40 of the Nurse Practice Act.
(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09;
96-268, eff. 8-11-09.)
(225 ILCS 85/22) (from Ch. 111, par. 4142)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22. Except only in the case of a drug, medicine or
poison which is lawfully sold or dispensed, at retail, in the
original and unbroken package of the manufacturer, packer, or
distributor thereof, and which package bears the original label
thereon showing the name and address of the manufacturer,
packer, or distributor thereof, and the name of the drug,
medicine, or poison therein contained, and the directions for
its use, no person shall sell or dispense, at retail, any drug,

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medicine, or poison, without affixing to the box, bottle,
vessel, or package containing the same, a label bearing the
name of the article distinctly shown, and the directions for
its use, with the name and address of the pharmacy wherein the
same is sold or dispensed. However, in the case of a drug,
medicine, or poison which is sold or dispensed pursuant to a
prescription of a physician licensed to practice medicine in
all of its branches, licensed dentist, licensed veterinarian,
licensed podiatric physician podiatrist, or therapeutically or
diagnostically certified optometrist authorized by law to
prescribe drugs or medicines or poisons, the label affixed to
the box, bottle, vessel, or package containing the same shall
show: (a) the name and address of the pharmacy wherein the same
is sold or dispensed; (b) the name or initials of the person,
authorized to practice pharmacy under the provisions of this
Act, selling or dispensing the same, (c) the date on which such
prescription was filled; (d) the name of the patient; (e) the
serial number of such prescription as filed in the prescription
files; (f) the last name of the practitioner who prescribed
such prescriptions; (g) the directions for use thereof as
contained in such prescription; and (h) the proprietary name or
names or the established name or names of the drugs, the dosage
and quantity, except as otherwise authorized by regulation of
the Department.
(Source: P.A. 95-689, eff. 10-29-07.)

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Section 65. The Illinois Physical Therapy Act is amended by
changing Sections 1 and 17 as follows:
(225 ILCS 90/1) (from Ch. 111, par. 4251)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1. Definitions. As used in this Act:
(1) "Physical therapy" means all of the following:
(A) Examining, evaluating, and testing individuals who
may have mechanical, physiological, or developmental
impairments, functional limitations, disabilities, or
other health and movement-related conditions, classifying
these disorders, determining a rehabilitation prognosis
and plan of therapeutic intervention, and assessing the
on-going effects of the interventions.
(B) Alleviating impairments, functional limitations,
or disabilities by designing, implementing, and modifying
therapeutic interventions that may include, but are not
limited to, the evaluation or treatment of a person through
the use of the effective properties of physical measures
and heat, cold, light, water, radiant energy, electricity,
sound, and air and use of therapeutic massage, therapeutic
exercise, mobilization, and rehabilitative procedures,
with or without assistive devices, for the purposes of
preventing, correcting, or alleviating a physical or
mental impairment, functional limitation, or disability.
(C) Reducing the risk of injury, impairment,

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functional limitation, or disability, including the
promotion and maintenance of fitness, health, and
wellness.
(D) Engaging in administration, consultation,
education, and research.
Physical therapy includes, but is not limited to: (a)
performance of specialized tests and measurements, (b)
administration of specialized treatment procedures, (c)
interpretation of referrals from physicians, dentists,
advanced practice nurses, physician assistants, and podiatric
physicians podiatrists, (d) establishment, and modification of
physical therapy treatment programs, (e) administration of
topical medication used in generally accepted physical therapy
procedures when such medication is prescribed by the patient's
physician, licensed to practice medicine in all its branches,
the patient's physician licensed to practice podiatric
medicine, the patient's advanced practice nurse, the patient's
physician assistant, or the patient's dentist, and (f)
supervision or teaching of physical therapy. Physical therapy
does not include radiology, electrosurgery, chiropractic
technique or determination of a differential diagnosis;
provided, however, the limitation on determining a
differential diagnosis shall not in any manner limit a physical
therapist licensed under this Act from performing an evaluation
pursuant to such license. Nothing in this Section shall limit a
physical therapist from employing appropriate physical therapy

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techniques that he or she is educated and licensed to perform.
A physical therapist shall refer to a licensed physician,
advanced practice nurse, physician assistant, dentist, or
podiatric physician podiatrist any patient whose medical
condition should, at the time of evaluation or treatment, be
determined to be beyond the scope of practice of the physical
therapist.
(2) "Physical therapist" means a person who practices
physical therapy and who has met all requirements as provided
in this Act.
(3) "Department" means the Department of Professional
Regulation.
(4) "Director" means the Director of Professional
Regulation.
(5) "Board" means the Physical Therapy Licensing and
Disciplinary Board approved by the Director.
(6) "Referral" means a written or oral authorization for
physical therapy services for a patient by a physician,
dentist, advanced practice nurse, physician assistant, or
podiatric physician podiatrist who maintains medical
supervision of the patient and makes a diagnosis or verifies
that the patient's condition is such that it may be treated by
a physical therapist.
(7) "Documented current and relevant diagnosis" for the
purpose of this Act means a diagnosis, substantiated by
signature or oral verification of a physician, dentist,

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advanced practice nurse, physician assistant, or podiatric
physician podiatrist, that a patient's condition is such that
it may be treated by physical therapy as defined in this Act,
which diagnosis shall remain in effect until changed by the
physician, dentist, advanced practice nurse, physician
assistant, or podiatric physician podiatrist.
(8) "State" includes:
(a) the states of the United States of America;
(b) the District of Columbia; and
(c) the Commonwealth of Puerto Rico.
(9) "Physical therapist assistant" means a person licensed
to assist a physical therapist and who has met all requirements
as provided in this Act and who works under the supervision of
a licensed physical therapist to assist in implementing the
physical therapy treatment program as established by the
licensed physical therapist. The patient care activities
provided by the physical therapist assistant shall not include
the interpretation of referrals, evaluation procedures, or the
planning or major modification of patient programs.
(10) "Physical therapy aide" means a person who has
received on the job training, specific to the facility in which
he is employed, but who has not completed an approved physical
therapist assistant program.
(11) "Advanced practice nurse" means a person licensed
under the Nurse Practice Act who has a collaborative agreement
with a collaborating physician that authorizes referrals to

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physical therapists.
(12) "Physician assistant" means a person licensed under
the Physician Assistant Practice Act of 1987 who has been
delegated authority to make referrals to physical therapists.
(Source: P.A. 94-651, eff. 1-1-06; 95-639, eff. 10-5-07.)
(225 ILCS 90/17) (from Ch. 111, par. 4267)
(Section scheduled to be repealed on January 1, 2016)
Sec. 17. (1) The Department may refuse to issue or to
renew, or may revoke, suspend, place on probation, reprimand,
or take other disciplinary action as the Department deems
appropriate, including the issuance of fines not to exceed
$5000, with regard to a license for any one or a combination of
the following:
A. Material misstatement in furnishing information to
the Department or otherwise making misleading, deceptive,
untrue, or fraudulent representations in violation of this
Act or otherwise in the practice of the profession;
B. Violations of this Act, or of the rules or
regulations promulgated hereunder;
C. Conviction of any crime under the laws of the United
States or any state or territory thereof which is a felony
or which is a misdemeanor, an essential element of which is
dishonesty, or of any crime which is directly related to
the practice of the profession; conviction, as used in this
paragraph, shall include a finding or verdict of guilty, an

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admission of guilt or a plea of nolo contendere;
D. Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or the rules promulgated thereunder pertaining to
advertising;
E. A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act;
F. Aiding or assisting another person in violating any
provision of this Act or Rules;
G. Failing, within 60 days, to provide information in
response to a written request made by the Department;
H. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public. Unprofessional conduct shall
include any departure from or the failure to conform to the
minimal standards of acceptable and prevailing physical
therapy practice, in which proceeding actual injury to a
patient need not be established;
I. Unlawful distribution of any drug or narcotic, or
unlawful conversion of any drug or narcotic not belonging
to the person for such person's own use or benefit or for
other than medically accepted therapeutic purposes;
J. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
which results in a physical therapist's or physical

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therapist assistant's inability to practice with
reasonable judgment, skill or safety;
K. Revocation or suspension of a license to practice
physical therapy as a physical therapist or physical
therapist assistant or the taking of other disciplinary
action by the proper licensing authority of another state,
territory or country;
L. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered. Nothing contained in this paragraph prohibits
persons holding valid and current licenses under this Act
from practicing physical therapy in partnership under a
partnership agreement, including a limited liability
partnership, a limited liability company, or a corporation
under the Professional Service Corporation Act or from
pooling, sharing, dividing, or apportioning the fees and
monies received by them or by the partnership, company, or
corporation in accordance with the partnership agreement
or the policies of the company or professional corporation.
Nothing in this paragraph (L) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include

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provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (L) shall be construed to require
an employment arrangement to receive professional fees for
services rendered;
M. A finding by the Board that the licensee after
having his or her license placed on probationary status has
violated the terms of probation;
N. Abandonment of a patient;
O. Willfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and
Neglected Child Reporting Act;
P. Willfully failing to report an instance of suspected
elder abuse or neglect as required by the Elder Abuse
Reporting Act;
Q. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgement, skill or safety;
R. The use of any words (such as physical therapy,
physical therapist physiotherapy or physiotherapist),
abbreviations, figures or letters with the intention of
indicating practice as a licensed physical therapist
without a valid license as a physical therapist issued
under this Act;

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S. The use of the term physical therapist assistant, or
abbreviations, figures, or letters with the intention of
indicating practice as a physical therapist assistant
without a valid license as a physical therapist assistant
issued under this Act;
T. Willfully violating or knowingly assisting in the
violation of any law of this State relating to the practice
of abortion;
U. Continued practice by a person knowingly having an
infectious, communicable or contagious disease;
V. Having treated ailments of human beings otherwise
than by the practice of physical therapy as defined in this
Act, or having treated ailments of human beings as a
licensed physical therapist independent of a documented
referral or a documented current and relevant diagnosis
from a physician, dentist, advanced practice nurse,
physician assistant, or podiatric physician podiatrist, or
having failed to notify the physician, dentist, advanced
practice nurse, physician assistant, or podiatric
physician podiatrist who established a documented current
and relevant diagnosis that the patient is receiving
physical therapy pursuant to that diagnosis;
W. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act, and upon
proof by clear and convincing evidence that the licensee

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has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act;
X. Interpretation of referrals, performance of
evaluation procedures, planning or making major
modifications of patient programs by a physical therapist
assistant;
Y. Failure by a physical therapist assistant and
supervising physical therapist to maintain continued
contact, including periodic personal supervision and
instruction, to insure safety and welfare of patients;
Z. Violation of the Health Care Worker Self-Referral
Act.
(2) 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. Such suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient; and upon the recommendation of the Board to the
Director that the licensee be allowed to resume his practice.
(3) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,

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until such time as the requirements of any such tax Act are
satisfied.
(Source: P.A. 96-1482, eff. 11-29-10.)
Section 70. The Podiatric Medical Practice Act of 1987 is
amended by changing Sections 11, 20.5, and 24.2 as follows:
(225 ILCS 100/11) (from Ch. 111, par. 4811)
(Section scheduled to be repealed on January 1, 2018)
Sec. 11. Practice without a license forbidden and
exceptions. A. It shall be deemed prima facie evidence of the
practice of podiatric medicine or of holding one's self out as
a podiatric physician within the meaning of this Act, for any
person to diagnose the ailments of, or to treat in any manner
the human foot by medical, physical or surgical methods, or to
use the title "podiatric physician" or "podiatrist" podiatrist
or any words or letters which indicate or tend to indicate to
the public that the person so treating or so holding himself or
herself out is a podiatric physician.
B. No person, except as provided in Section 3 of this Act,
shall provide any type of diagnostic and therapeutic medical
care services of the human foot unless under the supervision of
a licensed podiatric physician.
C. Persons suitably trained and qualified may render, only
under the direction of a podiatric physician licensed under
this Act, such patient tests and services as diagnostic imaging

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procedures, laboratory studies and other appropriate patient
services connected with comprehensive foot care which may be
consistent with the diagnosis and treatment selected by the
podiatric physician. This Section shall apply to podiatric
medical care provided in all settings, including, but not
limited to: long term facilities, mental health facilities,
hospitals, medical offices and public health clinics.
(Source: P.A. 85-918.)
(225 ILCS 100/20.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 20.5. Delegation of authority to advanced practice
nurses.
(a) A podiatric physician podiatrist in active clinical
practice may collaborate with an advanced practice nurse in
accordance with the requirements of the Nurse Practice Act.
Collaboration shall be for the purpose of providing podiatric
consultation and no employment relationship shall be required.
A written collaborative agreement shall conform to the
requirements of Section 65-35 of the Nurse Practice Act. The
written collaborative agreement shall be for services the
collaborating podiatric physician podiatrist generally
provides to his or her patients in the normal course of
clinical podiatric practice, except as set forth in item (3) of
this subsection (a). A written collaborative agreement and
podiatric physician podiatric collaboration and consultation

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shall be adequate with respect to advanced practice nurses if
all of the following apply:
(1) The agreement is written to promote the exercise of
professional judgment by the advanced practice nurse
commensurate with his or her education and experience. The
agreement need not describe the exact steps that an
advanced practice nurse must take with respect to each
specific condition, disease, or symptom, but must specify
which procedures require a podiatric physician's
podiatrist's presence as the procedures are being
performed.
(2) Practice guidelines and orders are developed and
approved jointly by the advanced practice nurse and
collaborating podiatric physician podiatrist, as needed,
based on the practice of the practitioners. Such guidelines
and orders and the patient services provided thereunder are
periodically reviewed by the collaborating podiatric
physician podiatrist.
(3) The advance practice nurse provides services that
the collaborating podiatric physician podiatrist generally
provides to his or her patients in the normal course of
clinical practice. With respect to the provision of
anesthesia services by a certified registered nurse
anesthetist, the collaborating podiatric physician
podiatrist must have training and experience in the
delivery of anesthesia consistent with Department rules.

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(4) The collaborating podiatric physician podiatrist
and the advanced practice nurse consult at least once a
month to provide collaboration and consultation.
(5) Methods of communication are available with the
collaborating podiatric physician podiatrist in person or
through telecommunications for consultation,
collaboration, and referral as needed to address patient
care needs.
(6) With respect to the provision of anesthesia
services by a certified registered nurse anesthetist, an
anesthesiologist, physician, or podiatric physician
podiatrist shall participate through discussion of and
agreement with the anesthesia plan and shall remain
physically present and be available on the premises during
the delivery of anesthesia services for diagnosis,
consultation, and treatment of emergency medical
conditions. The anesthesiologist or operating podiatric
physician podiatrist must agree with the anesthesia plan
prior to the delivery of services.
(7) The agreement contains provisions detailing notice
for termination or change of status involving a written
collaborative agreement, except when such notice is given
for just cause.
(b) The collaborating podiatric physician podiatrist shall
have access to the records of all patients attended to by an
advanced practice nurse.

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(c) Nothing in this Section shall be construed to limit the
delegation of tasks or duties by a podiatric physician
podiatrist to a licensed practical nurse, a registered
professional nurse, or other appropriately trained persons.
(d) A podiatric physician podiatrist shall not be liable
for the acts or omissions of an advanced practice nurse solely
on the basis of having signed guidelines or a collaborative
agreement, an order, a standing order, a standing delegation
order, or other order or guideline authorizing an advanced
practice nurse to perform acts, unless the podiatric physician
podiatrist has reason to believe the advanced practice nurse
lacked the competency to perform the act or acts or commits
willful or wanton misconduct.
(e) A podiatric physician podiatrist, may, but is not
required to delegate prescriptive authority to an advanced
practice nurse as part of a written collaborative agreement and
the delegation of prescriptive authority shall conform to the
requirements of Section 65-40 of the Nurse Practice Act.
(Source: P.A. 96-618, eff. 1-1-10; 97-358, eff. 8-12-11;
97-813, eff. 7-13-12.)
(225 ILCS 100/24.2)
(Section scheduled to be repealed on January 1, 2018)
Sec. 24.2. Prohibition against fee splitting.
(a) A licensee under this Act may not directly or
indirectly divide, share, or split any professional fee or

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other form of compensation for professional services with
anyone in exchange for a referral or otherwise, other than as
provided in this Section 24.2.
(b) Nothing contained in this Section abrogates the right
of 2 or more licensed health care workers as defined in the
Health Care Worker Self-Referral Act to each receive adequate
compensation for concurrently rendering services to a patient
and to divide the fee for such service, whether or not the
worker is employed, provided that the patient has full
knowledge of the division and the division is made in
proportion to the actual services personally performed and
responsibility assumed by each licensee consistent with his or
her license, except as prohibited by law.
(c) Nothing contained in this Section prohibits a licensee
under this Act from practicing podiatry through or within any
form of legal entity authorized to conduct business in this
State or from pooling, sharing, dividing, or apportioning the
professional fees and other revenues in accordance with the
agreements and policies of the entity provided:
(1) each owner of the entity is licensed under this
Act; or
(2) the entity is organized under the Professional
Services Corporation Act, the Professional Association
Act, or the Limited Liability Company Act; or
(3) the entity is allowed by Illinois law to provide
podiatry services or employ podiatric physicians

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podiatrists such as a licensed hospital or hospital
affiliate or licensed ambulatory surgical treatment center
owned in full or in part by Illinois-licensed physicians;
or
(4) the entity is a combination or joint venture of the
entities authorized under this subsection (c).
(d) Nothing contained in this Section prohibits a licensee
under this Act from paying a fair market value fee to any
person or entity whose purpose is to perform billing,
administrative preparation, or collection services based upon
a percentage of professional service fees billed or collected,
a flat fee, or any other arrangement that directly or
indirectly divides professional fees, for the administrative
preparation of the licensee's claims or the collection of the
licensee's charges for professional services, provided that:
(1) the licensee or the licensee's practice under
subsection (c) of this Section at all times controls the
amount of fees charged and collected; and
(2) all charges collected are paid directly to the
licensee or the licensee's practice or are deposited
directly into an account in the name of and under the sole
control of the licensee or the licensee's practice or
deposited into a "Trust Account" by a licensed collection
agency in accordance with the requirements of Section 8(c)
of the Illinois Collection Agency Act.
(e) Nothing contained in this Section prohibits the

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granting of a security interest in the accounts receivable or
fees of a licensee under this Act or the licensee's practice
for bona fide advances made to the licensee or licensee's
practice provided the licensee retains control and
responsibility for the collection of the accounts receivable
and fees.
(f) Excluding payments that may be made to the owners of or
licensees in the licensee's practice under subsection (c) of
this Section, a licensee under this Act may not divide, share
or split a professional service fee with, or otherwise directly
or indirectly pay a percentage of the licensee's professional
service fees, revenues or profits to anyone for: (i) the
marketing or management of the licensee's practice, (ii)
including the licensee or the licensee's practice on any
preferred provider list, (iii) allowing the licensee to
participate in any network of health care providers, (iv)
negotiating fees, charges or terms of service or payment on
behalf of the licensee, or (v) including the licensee in a
program whereby patients or beneficiaries are provided an
incentive to use the services of the licensee.
(g) Nothing contained in this Section prohibits the payment
of rent or other remunerations paid to an individual,
partnership, or corporation by a licensee for the lease,
rental, or use of space, owned or controlled by the individual,
partnership, corporation, or association.
(h) Nothing contained in this Section prohibits the

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payment, at no more than fair market value, to an individual,
partnership, or corporation by a licensee for the use of staff,
administrative services, franchise agreements, marketing
required by franchise agreements, or equipment owned or
controlled by the individual, partnership, or corporation, or
the receipt thereof by a licensee.
(i) Nothing in this Section 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 Section
shall be construed to require an employment arrangement to
receive professional fees for services rendered.
(Source: P.A. 96-1158, eff. 1-1-11; incorporates P.A. 96-1482,
eff. 11-29-11; 97-813, eff. 7-13-12.)
Section 75. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Section 10 as follows:
(225 ILCS 130/10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10. Definitions. As used in this Act:

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"Department" means the Department of Professional
Regulation.
"Direct supervision" means supervision by an operating
physician, licensed podiatric physician podiatrist, or
licensed dentist who is physically present and who personally
directs delegated acts and remains available to personally
respond to an emergency until the patient is released from the
operating room. A registered professional nurse may also
provide direct supervision within the scope of his or her
license. A registered surgical assistant or registered
surgical technologist shall perform duties as assigned.
"Director" means the Director of Professional Regulation.
"Physician" or "operating physician" means a person
licensed to practice medicine in all of its branches under the
Medical Practice Act of 1987.
"Registered surgical assistant" means a person who (i) is
not licensed to practice medicine in all of its branches, (ii)
is certified by the National Surgical Assistant Association on
the Certification of Surgical Assistants, the Liaison Council
on Certification for the Surgical Technologist as a certified
first assistant, or the American Board of Surgical Assisting,
(iii) performs duties under direct supervision, (iv) provides
services only in a licensed hospital, ambulatory treatment
center, or office of a physician licensed to practice medicine
in all its branches, and (v) is registered under this Act.
"Registered surgical technologist" means a person who (i)

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is not a physician licensed to practice medicine in all of its
branches, (ii) is certified by the Liaison Council on
Certification for the Surgical Technologist, (iii) performs
duties under direct supervision, (iv) provides services only in
a licensed hospital, ambulatory treatment center, or office of
a physician licensed to practice medicine in all its branches,
and (v) is registered under this Act.
(Source: P.A. 93-280, eff. 7-1-04.)
Section 80. The Illinois Public Aid Code is amended by
changing Section 12-4.25 as follows:
(305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
Sec. 12-4.25. Medical assistance program; vendor
participation.
(A) The Illinois Department may deny, suspend, or terminate
the eligibility of any person, firm, corporation, association,
agency, institution or other legal entity to participate as a
vendor of goods or services to recipients under the medical
assistance program under Article V, or may exclude any such
person or entity from participation as such a vendor, and may
deny, suspend, or recover payments, if after reasonable notice
and opportunity for a hearing the Illinois Department finds:
(a) Such vendor is not complying with the Department's
policy or rules and regulations, or with the terms and
conditions prescribed by the Illinois Department in its

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vendor agreement, which document shall be developed by the
Department as a result of negotiations with each vendor
category, including physicians, hospitals, long term care
facilities, pharmacists, optometrists, podiatric
physicians podiatrists and dentists setting forth the
terms and conditions applicable to the participation of
each vendor group in the program; or
(b) Such vendor has failed to keep or make available
for inspection, audit or copying, after receiving a written
request from the Illinois Department, such records
regarding payments claimed for providing services. This
section does not require vendors to make available patient
records of patients for whom services are not reimbursed
under this Code; or
(c) Such vendor has failed to furnish any information
requested by the Department regarding payments for
providing goods or services; or
(d) Such vendor has knowingly made, or caused to be
made, any false statement or representation of a material
fact in connection with the administration of the medical
assistance program; or
(e) Such vendor has furnished goods or services to a
recipient which are (1) in excess of need, (2) harmful, or
(3) of grossly inferior quality, all of such determinations
to be based upon competent medical judgment and
evaluations; or

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(f) The vendor; a person with management
responsibility for a vendor; an officer or person owning,
either directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate
vendor; an owner of a sole proprietorship which is a
vendor; or a partner in a partnership which is a vendor,
either:
(1) was previously terminated, suspended, or
excluded from participation in the Illinois medical
assistance program, or was terminated, suspended, or
excluded from participation in another state or
federal medical assistance or health care program; or
(2) was a person with management responsibility
for a vendor previously terminated, suspended, or
excluded from participation in the Illinois medical
assistance program, or terminated, suspended, or
excluded from participation in another state or
federal medical assistance or health care program
during the time of conduct which was the basis for that
vendor's termination, suspension, or exclusion; or
(3) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate or
limited liability company vendor previously
terminated, suspended, or excluded from participation
in the Illinois medical assistance program, or

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terminated, suspended, or excluded from participation
in a state or federal medical assistance or health care
program during the time of conduct which was the basis
for that vendor's termination, suspension, or
exclusion; or
(4) was an owner of a sole proprietorship or
partner of a partnership previously terminated,
suspended, or excluded from participation in the
Illinois medical assistance program, or terminated,
suspended, or excluded from participation in a state or
federal medical assistance or health care program
during the time of conduct which was the basis for that
vendor's termination, suspension, or exclusion; or
(f-1) Such vendor has a delinquent debt owed to the
Illinois Department; or
(g) The vendor; a person with management
responsibility for a vendor; an officer or person owning,
either directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate or
limited liability company vendor; an owner of a sole
proprietorship which is a vendor; or a partner in a
partnership which is a vendor, either:
(1) has engaged in practices prohibited by
applicable federal or State law or regulation; or
(2) was a person with management responsibility
for a vendor at the time that such vendor engaged in

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practices prohibited by applicable federal or State
law or regulation; or
(3) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a vendor at
the time such vendor engaged in practices prohibited by
applicable federal or State law or regulation; or
(4) was an owner of a sole proprietorship or
partner of a partnership which was a vendor at the time
such vendor engaged in practices prohibited by
applicable federal or State law or regulation; or
(h) The direct or indirect ownership of the vendor
(including the ownership of a vendor that is a sole
proprietorship, a partner's interest in a vendor that is a
partnership, or ownership of 5% or more of the shares of
stock or other evidences of ownership in a corporate
vendor) has been transferred by an individual who is
terminated, suspended, or excluded or barred from
participating as a vendor to the individual's spouse,
child, brother, sister, parent, grandparent, grandchild,
uncle, aunt, niece, nephew, cousin, or relative by
marriage.
(A-5) The Illinois Department may deny, suspend, or
terminate the eligibility of any person, firm, corporation,
association, agency, institution, or other legal entity to
participate as a vendor of goods or services to recipients

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under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor, if, after reasonable notice and opportunity for a
hearing, the Illinois Department finds that the vendor; a
person with management responsibility for a vendor; an officer
or person owning, either directly or indirectly, 5% or more of
the shares of stock or other evidences of ownership in a
corporate vendor; an owner of a sole proprietorship that is a
vendor; or a partner in a partnership that is a vendor has been
convicted of an offense based on fraud or willful
misrepresentation related to any of the following:
(1) The medical assistance program under Article V of
this Code.
(2) A medical assistance or health care program in
another state.
(3) The Medicare program under Title XVIII of the
Social Security Act.
(4) The provision of health care services.
(5) A violation of this Code, as provided in Article
VIIIA, or another state or federal medical assistance
program or health care program.
(A-10) The Illinois Department may deny, suspend, or
terminate the eligibility of any person, firm, corporation,
association, agency, institution, or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, or may

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exclude any such person or entity from participation as such a
vendor, if, after reasonable notice and opportunity for a
hearing, the Illinois Department finds that (i) the vendor,
(ii) a person with management responsibility for a vendor,
(iii) an officer or person owning, either directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in a corporate vendor, (iv) an owner of
a sole proprietorship that is a vendor, or (v) a partner in a
partnership that is a vendor has been convicted of an offense
related to any of the following:
(1) Murder.
(2) A Class X felony under the Criminal Code of 1961.
(3) Sexual misconduct that may subject recipients to an
undue risk of harm.
(4) A criminal offense that may subject recipients to
an undue risk of harm.
(5) A crime of fraud or dishonesty.
(6) A crime involving a controlled substance.
(7) A misdemeanor relating to fraud, theft,
embezzlement, breach of fiduciary responsibility, or other
financial misconduct related to a health care program.
(A-15) The Illinois Department may deny the eligibility of
any person, firm, corporation, association, agency,
institution, or other legal entity to participate as a vendor
of goods or services to recipients under the medical assistance
program under Article V if, after reasonable notice and

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opportunity for a hearing, the Illinois Department finds:
(1) The applicant or any person with management
responsibility for the applicant; an officer or member of
the board of directors of an applicant; an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor
applicant; an owner of a sole proprietorship applicant; a
partner in a partnership applicant; or a technical or other
advisor to an applicant has a debt owed to the Illinois
Department, and no payment arrangements acceptable to the
Illinois Department have been made by the applicant.
(2) The applicant or any person with management
responsibility for the applicant; an officer or member of
the board of directors of an applicant; an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor
applicant; an owner of a sole proprietorship applicant; a
partner in a partnership vendor applicant; or a technical
or other advisor to an applicant was (i) a person with
management responsibility, (ii) an officer or member of the
board of directors of an applicant, (iii) an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor, (iv)
an owner of a sole proprietorship, (v) a partner in a
partnership vendor, (vi) a technical or other advisor to a
vendor, during a period of time where the conduct of that

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vendor resulted in a debt owed to the Illinois Department,
and no payment arrangements acceptable to the Illinois
Department have been made by that vendor.
(3) There is a credible allegation of the use,
transfer, or lease of assets of any kind to an applicant
from a current or prior vendor who has a debt owed to the
Illinois Department, no payment arrangements acceptable to
the Illinois Department have been made by that vendor or
the vendor's alternate payee, and the applicant knows or
should have known of such debt.
(4) There is a credible allegation of a transfer of
management responsibilities, or direct or indirect
ownership, to an applicant from a current or prior vendor
who has a debt owed to the Illinois Department, and no
payment arrangements acceptable to the Illinois Department
have been made by that vendor or the vendor's alternate
payee, and the applicant knows or should have known of such
debt.
(5) There is a credible allegation of the use,
transfer, or lease of assets of any kind to an applicant
who is a spouse, child, brother, sister, parent,
grandparent, grandchild, uncle, aunt, niece, relative by
marriage, nephew, cousin, or relative of a current or prior
vendor who has a debt owed to the Illinois Department and
no payment arrangements acceptable to the Illinois
Department have been made.

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(6) There is a credible allegation that the applicant's
previous affiliations with a provider of medical services
that has an uncollected debt, a provider that has been or
is subject to a payment suspension under a federal health
care program, or a provider that has been previously
excluded from participation in the medical assistance
program, poses a risk of fraud, waste, or abuse to the
Illinois Department.
As used in this subsection, "credible allegation" is
defined to include an allegation from any source, including,
but not limited to, fraud hotline complaints, claims data
mining, patterns identified through provider audits, civil
actions filed under the Illinois False Claims Act, and law
enforcement investigations. An allegation is considered to be
credible when it has indicia of reliability.
(B) The Illinois Department shall deny, suspend or
terminate the eligibility of any person, firm, corporation,
association, agency, institution or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor:
(1) immediately, if such vendor is not properly
licensed, certified, or authorized;
(2) within 30 days of the date when such vendor's
professional license, certification or other authorization

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has been refused renewal, restricted, revoked, suspended,
or otherwise terminated; or
(3) if such vendor has been convicted of a violation of
this Code, as provided in Article VIIIA.
(C) Upon termination, suspension, or exclusion of a vendor
of goods or services from participation in the medical
assistance program authorized by this Article, a person with
management responsibility for such vendor during the time of
any conduct which served as the basis for that vendor's
termination, suspension, or exclusion is barred from
participation in the medical assistance program.
Upon termination, suspension, or exclusion of a corporate
vendor, the officers and persons owning, directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in the vendor during the time of any
conduct which served as the basis for that vendor's
termination, suspension, or exclusion are barred from
participation in the medical assistance program. A person who
owns, directly or indirectly, 5% or more of the shares of stock
or other evidences of ownership in a terminated, suspended, or
excluded vendor may not transfer his or her ownership interest
in that vendor to his or her spouse, child, brother, sister,
parent, grandparent, grandchild, uncle, aunt, niece, nephew,
cousin, or relative by marriage.
Upon termination, suspension, or exclusion of a sole
proprietorship or partnership, the owner or partners during the

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time of any conduct which served as the basis for that vendor's
termination, suspension, or exclusion are barred from
participation in the medical assistance program. The owner of a
terminated, suspended, or excluded vendor that is a sole
proprietorship, and a partner in a terminated, suspended, or
excluded vendor that is a partnership, may not transfer his or
her ownership or partnership interest in that vendor to his or
her spouse, child, brother, sister, parent, grandparent,
grandchild, uncle, aunt, niece, nephew, cousin, or relative by
marriage.
A person who owns, directly or indirectly, 5% or more of
the shares of stock or other evidences of ownership in a
corporate or limited liability company vendor who owes a debt
to the Department, if that vendor has not made payment
arrangements acceptable to the Department, shall not transfer
his or her ownership interest in that vendor, or vendor assets
of any kind, to his or her spouse, child, brother, sister,
parent, grandparent, grandchild, uncle, aunt, niece, nephew,
cousin, or relative by marriage.
Rules adopted by the Illinois Department to implement these
provisions shall specifically include a definition of the term
"management responsibility" as used in this Section. Such
definition shall include, but not be limited to, typical job
titles, and duties and descriptions which will be considered as
within the definition of individuals with management
responsibility for a provider.

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A vendor or a prior vendor who has been terminated,
excluded, or suspended from the medical assistance program, or
from another state or federal medical assistance or health care
program, and any individual currently or previously barred from
the medical assistance program, or from another state or
federal medical assistance or health care program, as a result
of being an officer or a person owning, directly or indirectly,
5% or more of the shares of stock or other evidences of
ownership in a corporate or limited liability company vendor
during the time of any conduct which served as the basis for
that vendor's termination, suspension, or exclusion, may be
required to post a surety bond as part of a condition of
enrollment or participation in the medical assistance program.
The Illinois Department shall establish, by rule, the criteria
and requirements for determining when a surety bond must be
posted and the value of the bond.
A vendor or a prior vendor who has a debt owed to the
Illinois Department and any individual currently or previously
barred from the medical assistance program, or from another
state or federal medical assistance or health care program, as
a result of being an officer or a person owning, directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in that corporate or limited liability
company vendor during the time of any conduct which served as
the basis for the debt, may be required to post a surety bond
as part of a condition of enrollment or participation in the

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medical assistance program. The Illinois Department shall
establish, by rule, the criteria and requirements for
determining when a surety bond must be posted and the value of
the bond.
(D) If a vendor has been suspended from the medical
assistance program under Article V of the Code, the Director
may require that such vendor correct any deficiencies which
served as the basis for the suspension. The Director shall
specify in the suspension order a specific period of time,
which shall not exceed one year from the date of the order,
during which a suspended vendor shall not be eligible to
participate. At the conclusion of the period of suspension the
Director shall reinstate such vendor, unless he finds that such
vendor has not corrected deficiencies upon which the suspension
was based.
If a vendor has been terminated, suspended, or excluded
from the medical assistance program under Article V, such
vendor shall be barred from participation for at least one
year, except that if a vendor has been terminated, suspended,
or excluded based on a conviction of a violation of Article
VIIIA or a conviction of a felony based on fraud or a willful
misrepresentation related to (i) the medical assistance
program under Article V, (ii) a federal or another state's
medical assistance or health care program, or (iii) the
provision of health care services, then the vendor shall be
barred from participation for 5 years or for the length of the

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vendor's sentence for that conviction, whichever is longer. At
the end of one year a vendor who has been terminated,
suspended, or excluded may apply for reinstatement to the
program. Upon proper application to be reinstated such vendor
may be deemed eligible by the Director providing that such
vendor meets the requirements for eligibility under this Code.
If such vendor is deemed not eligible for reinstatement, he
shall be barred from again applying for reinstatement for one
year from the date his application for reinstatement is denied.
A vendor whose termination, suspension, or exclusion from
participation in the Illinois medical assistance program under
Article V was based solely on an action by a governmental
entity other than the Illinois Department may, upon
reinstatement by that governmental entity or upon reversal of
the termination, suspension, or exclusion, apply for
rescission of the termination, suspension, or exclusion from
participation in the Illinois medical assistance program. Upon
proper application for rescission, the vendor may be deemed
eligible by the Director if the vendor meets the requirements
for eligibility under this Code.
If a vendor has been terminated, suspended, or excluded and
reinstated to the medical assistance program under Article V
and the vendor is terminated, suspended, or excluded a second
or subsequent time from the medical assistance program, the
vendor shall be barred from participation for at least 2 years,
except that if a vendor has been terminated, suspended, or

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excluded a second time based on a conviction of a violation of
Article VIIIA or a conviction of a felony based on fraud or a
willful misrepresentation related to (i) the medical
assistance program under Article V, (ii) a federal or another
state's medical assistance or health care program, or (iii) the
provision of health care services, then the vendor shall be
barred from participation for life. At the end of 2 years, a
vendor who has been terminated, suspended, or excluded may
apply for reinstatement to the program. Upon application to be
reinstated, the vendor may be deemed eligible if the vendor
meets the requirements for eligibility under this Code. If the
vendor is deemed not eligible for reinstatement, the vendor
shall be barred from again applying for reinstatement for 2
years from the date the vendor's application for reinstatement
is denied.
(E) The Illinois Department may recover money improperly or
erroneously paid, or overpayments, either by setoff, crediting
against future billings or by requiring direct repayment to the
Illinois Department. The Illinois Department may suspend or
deny payment, in whole or in part, if such payment would be
improper or erroneous or would otherwise result in overpayment.
(1) Payments may be suspended, denied, or recovered
from a vendor or alternate payee: (i) for services rendered
in violation of the Illinois Department's provider
notices, statutes, rules, and regulations; (ii) for
services rendered in violation of the terms and conditions

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prescribed by the Illinois Department in its vendor
agreement; (iii) for any vendor who fails to grant the
Office of Inspector General timely access to full and
complete records, including, but not limited to, records
relating to recipients under the medical assistance
program for the most recent 6 years, in accordance with
Section 140.28 of Title 89 of the Illinois Administrative
Code, and other information for the purpose of audits,
investigations, or other program integrity functions,
after reasonable written request by the Inspector General;
this subsection (E) does not require vendors to make
available the medical records of patients for whom services
are not reimbursed under this Code or to provide access to
medical records more than 6 years old; (iv) when the vendor
has knowingly made, or caused to be made, any false
statement or representation of a material fact in
connection with the administration of the medical
assistance program; or (v) when the vendor previously
rendered services while terminated, suspended, or excluded
from participation in the medical assistance program or
while terminated or excluded from participation in another
state or federal medical assistance or health care program.
(2) Notwithstanding any other provision of law, if a
vendor has the same taxpayer identification number
(assigned under Section 6109 of the Internal Revenue Code
of 1986) as is assigned to a vendor with past-due financial

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obligations to the Illinois Department, the Illinois
Department may make any necessary adjustments to payments
to that vendor in order to satisfy any past-due
obligations, regardless of whether the vendor is assigned a
different billing number under the medical assistance
program.
If the Illinois Department establishes through an
administrative hearing that the overpayments resulted from the
vendor or alternate payee knowingly making, using, or causing
to be made or used, a false record or statement to obtain
payment or other benefit from the medical assistance program
under Article V, the Department may recover interest on the
amount of the payment or other benefit at the rate of 5% per
annum. In addition to any other penalties that may be
prescribed by law, such a vendor or alternate payee shall be
subject to civil penalties consisting of an amount not to
exceed 3 times the amount of payment or other benefit resulting
from each such false record or statement, and the sum of $2,000
for each such false record or statement for payment or other
benefit. For purposes of this paragraph, "knowingly" means that
a vendor or alternate payee with respect to information: (i)
has actual knowledge of the information, (ii) acts in
deliberate ignorance of the truth or falsity of the
information, or (iii) acts in reckless disregard of the truth
or falsity of the information. No proof of specific intent to
defraud is required.

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(F) The Illinois Department may withhold payments to any
vendor or alternate payee prior to or during the pendency of
any audit or proceeding under this Section, and through the
pendency of any administrative appeal or administrative review
by any court proceeding. The Illinois Department shall state by
rule with as much specificity as practicable the conditions
under which payments will not be withheld under this Section.
Payments may be denied for bills submitted with service dates
occurring during the pendency of a proceeding, after a final
decision has been rendered, or after the conclusion of any
administrative appeal, where the final administrative decision
is to terminate, exclude, or suspend eligibility to participate
in the medical assistance program. The Illinois Department
shall state by rule with as much specificity as practicable the
conditions under which payments will not be denied for such
bills. The Illinois Department shall state by rule a process
and criteria by which a vendor or alternate payee may request
full or partial release of payments withheld under this
subsection. The Department must complete a proceeding under
this Section in a timely manner.
Notwithstanding recovery allowed under subsection (E) or
this subsection (F), the Illinois Department may withhold
payments to any vendor or alternate payee who is not properly
licensed, certified, or in compliance with State or federal
agency regulations. Payments may be denied for bills submitted
with service dates occurring during the period of time that a

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vendor is not properly licensed, certified, or in compliance
with State or federal regulations. Facilities licensed under
the Nursing Home Care Act shall have payments denied or
withheld pursuant to subsection (I) of this Section.
(F-5) The Illinois Department may temporarily withhold
payments to a vendor or alternate payee if any of the following
individuals have been indicted or otherwise charged under a law
of the United States or this or any other state with an offense
that is based on alleged fraud or willful misrepresentation on
the part of the individual related to (i) the medical
assistance program under Article V of this Code, (ii) a federal
or another state's medical assistance or health care program,
or (iii) the provision of health care services:
(1) If the vendor or alternate payee is a corporation:
an officer of the corporation or an individual who owns,
either directly or indirectly, 5% or more of the shares of
stock or other evidence of ownership of the corporation.
(2) If the vendor is a sole proprietorship: the owner
of the sole proprietorship.
(3) If the vendor or alternate payee is a partnership:
a partner in the partnership.
(4) If the vendor or alternate payee is any other
business entity authorized by law to transact business in
this State: an officer of the entity or an individual who
owns, either directly or indirectly, 5% or more of the
evidences of ownership of the entity.

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If the Illinois Department withholds payments to a vendor
or alternate payee under this subsection, the Department shall
not release those payments to the vendor or alternate payee
while any criminal proceeding related to the indictment or
charge is pending unless the Department determines that there
is good cause to release the payments before completion of the
proceeding. If the indictment or charge results in the
individual's conviction, the Illinois Department shall retain
all withheld payments, which shall be considered forfeited to
the Department. If the indictment or charge does not result in
the individual's conviction, the Illinois Department shall
release to the vendor or alternate payee all withheld payments.
(F-10) If the Illinois Department establishes that the
vendor or alternate payee owes a debt to the Illinois
Department, and the vendor or alternate payee subsequently
fails to pay or make satisfactory payment arrangements with the
Illinois Department for the debt owed, the Illinois Department
may seek all remedies available under the law of this State to
recover the debt, including, but not limited to, wage
garnishment or the filing of claims or liens against the vendor
or alternate payee.
(F-15) Enforcement of judgment.
(1) Any fine, recovery amount, other sanction, or costs
imposed, or part of any fine, recovery amount, other
sanction, or cost imposed, remaining unpaid after the
exhaustion of or the failure to exhaust judicial review

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procedures under the Illinois Administrative Review Law is
a debt due and owing the State and may be collected using
all remedies available under the law.
(2) After expiration of the period in which judicial
review under the Illinois Administrative Review Law may be
sought for a final administrative decision, unless stayed
by a court of competent jurisdiction, the findings,
decision, and order of the Director may be enforced in the
same manner as a judgment entered by a court of competent
jurisdiction.
(3) In any case in which any person or entity has
failed to comply with a judgment ordering or imposing any
fine or other sanction, any expenses incurred by the
Illinois Department to enforce the judgment, including,
but not limited to, attorney's fees, court costs, and costs
related to property demolition or foreclosure, after they
are fixed by a court of competent jurisdiction or the
Director, shall be a debt due and owing the State and may
be collected in accordance with applicable law. Prior to
any expenses being fixed by a final administrative decision
pursuant to this subsection (F-15), the Illinois
Department shall provide notice to the individual or entity
that states that the individual or entity shall appear at a
hearing before the administrative hearing officer to
determine whether the individual or entity has failed to
comply with the judgment. The notice shall set the date for

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such a hearing, which shall not be less than 7 days from
the date that notice is served. If notice is served by
mail, the 7-day period shall begin to run on the date that
the notice was deposited in the mail.
(4) Upon being recorded in the manner required by
Article XII of the Code of Civil Procedure or by the
Uniform Commercial Code, a lien shall be imposed on the
real estate or personal estate, or both, of the individual
or entity in the amount of any debt due and owing the State
under this Section. The lien may be enforced in the same
manner as a judgment of a court of competent jurisdiction.
A lien shall attach to all property and assets of such
person, firm, corporation, association, agency,
institution, or other legal entity until the judgment is
satisfied.
(5) The Director may set aside any judgment entered by
default and set a new hearing date upon a petition filed at
any time (i) if the petitioner's failure to appear at the
hearing was for good cause, or (ii) if the petitioner
established that the Department did not provide proper
service of process. If any judgment is set aside pursuant
to this paragraph (5), the hearing officer shall have
authority to enter an order extinguishing any lien which
has been recorded for any debt due and owing the Illinois
Department as a result of the vacated default judgment.
(G) The provisions of the Administrative Review Law, as now

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or hereafter amended, and the rules adopted pursuant thereto,
shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the Illinois
Department under this Section. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
(G-5) Vendors who pose a risk of fraud, waste, abuse, or
harm.
(1) Notwithstanding any other provision in this
Section, the Department may terminate, suspend, or exclude
vendors who pose a risk of fraud, waste, abuse, or harm
from participation in the medical assistance program prior
to an evidentiary hearing but after reasonable notice and
opportunity to respond as established by the Department by
rule.
(2) Vendors who pose a risk of fraud, waste, abuse, or
harm shall submit to a fingerprint-based criminal
background check on current and future information
available in the State system and current information
available through the Federal Bureau of Investigation's
system by submitting all necessary fees and information in
the form and manner prescribed by the Department of State
Police. The following individuals shall be subject to the
check:
(A) In the case of a vendor that is a corporation,
every shareholder who owns, directly or indirectly, 5%

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or more of the outstanding shares of the corporation.
(B) In the case of a vendor that is a partnership,
every partner.
(C) In the case of a vendor that is a sole
proprietorship, the sole proprietor.
(D) Each officer or manager of the vendor.
Each such vendor shall be responsible for payment of
the cost of the criminal background check.
(3) Vendors who pose a risk of fraud, waste, abuse, or
harm may be required to post a surety bond. The Department
shall establish, by rule, the criteria and requirements for
determining when a surety bond must be posted and the value
of the bond.
(4) The Department, or its agents, may refuse to accept
requests for authorization from specific vendors who pose a
risk of fraud, waste, abuse, or harm, including
prior-approval and post-approval requests, if:
(A) the Department has initiated a notice of
termination, suspension, or exclusion of the vendor
from participation in the medical assistance program;
or
(B) the Department has issued notification of its
withholding of payments pursuant to subsection (F-5)
of this Section; or
(C) the Department has issued a notification of its
withholding of payments due to reliable evidence of

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fraud or willful misrepresentation pending
investigation.
(5) As used in this subsection, the following terms are
defined as follows:
(A) "Fraud" means an intentional deception or
misrepresentation made by a person with the knowledge
that the deception could result in some unauthorized
benefit to himself or herself or some other person. It
includes any act that constitutes fraud under
applicable federal or State law.
(B) "Abuse" means provider practices that are
inconsistent with sound fiscal, business, or medical
practices and that result in an unnecessary cost to the
medical assistance program or in reimbursement for
services that are not medically necessary or that fail
to meet professionally recognized standards for health
care. It also includes recipient practices that result
in unnecessary cost to the medical assistance program.
Abuse does not include diagnostic or therapeutic
measures conducted primarily as a safeguard against
possible vendor liability.
(C) "Waste" means the unintentional misuse of
medical assistance resources, resulting in unnecessary
cost to the medical assistance program. Waste does not
include diagnostic or therapeutic measures conducted
primarily as a safeguard against possible vendor

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liability.
(D) "Harm" means physical, mental, or monetary
damage to recipients or to the medical assistance
program.
(G-6) The Illinois Department, upon making a determination
based upon information in the possession of the Illinois
Department that continuation of participation in the medical
assistance program by a vendor would constitute an immediate
danger to the public, may immediately suspend such vendor's
participation in the medical assistance program without a
hearing. In instances in which the Illinois Department
immediately suspends the medical assistance program
participation of a vendor under this Section, a hearing upon
the vendor's participation must be convened by the Illinois
Department within 15 days after such suspension and completed
without appreciable delay. Such hearing shall be held to
determine whether to recommend to the Director that the
vendor's medical assistance program participation be denied,
terminated, suspended, placed on provisional status, or
reinstated. In the hearing, any evidence relevant to the vendor
constituting an immediate danger to the public may be
introduced against such vendor; provided, however, that the
vendor, or his or her counsel, shall have the opportunity to
discredit, impeach, and submit evidence rebutting such
evidence.
(H) Nothing contained in this Code shall in any way limit

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or otherwise impair the authority or power of any State agency
responsible for licensing of vendors.
(I) Based on a finding of noncompliance on the part of a
nursing home with any requirement for certification under Title
XVIII or XIX of the Social Security Act (42 U.S.C. Sec. 1395 et
seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois Department
may impose one or more of the following remedies after notice
to the facility:
(1) Termination of the provider agreement.
(2) Temporary management.
(3) Denial of payment for new admissions.
(4) Civil money penalties.
(5) Closure of the facility in emergency situations or
transfer of residents, or both.
(6) State monitoring.
(7) Denial of all payments when the U.S. Department of
Health and Human Services has imposed this sanction.
The Illinois Department shall by rule establish criteria
governing continued payments to a nursing facility subsequent
to termination of the facility's provider agreement if, in the
sole discretion of the Illinois Department, circumstances
affecting the health, safety, and welfare of the facility's
residents require those continued payments. The Illinois
Department may condition those continued payments on the
appointment of temporary management, sale of the facility to
new owners or operators, or other arrangements that the

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Illinois Department determines best serve the needs of the
facility's residents.
Except in the case of a facility that has a right to a
hearing on the finding of noncompliance before an agency of the
federal government, a facility may request a hearing before a
State agency on any finding of noncompliance within 60 days
after the notice of the intent to impose a remedy. Except in
the case of civil money penalties, a request for a hearing
shall not delay imposition of the penalty. The choice of
remedies is not appealable at a hearing. The level of
noncompliance may be challenged only in the case of a civil
money penalty. The Illinois Department shall provide by rule
for the State agency that will conduct the evidentiary
hearings.
The Illinois Department may collect interest on unpaid
civil money penalties.
The Illinois Department may adopt all rules necessary to
implement this subsection (I).
(J) The Illinois Department, by rule, may permit individual
practitioners to designate that Department payments that may be
due the practitioner be made to an alternate payee or alternate
payees.
(a) Such alternate payee or alternate payees shall be
required to register as an alternate payee in the Medical
Assistance Program with the Illinois Department.
(b) If a practitioner designates an alternate payee,

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the alternate payee and practitioner shall be jointly and
severally liable to the Department for payments made to the
alternate payee. Pursuant to subsection (E) of this
Section, any Department action to suspend or deny payment
or recover money or overpayments from an alternate payee
shall be subject to an administrative hearing.
(c) Registration as an alternate payee or alternate
payees in the Illinois Medical Assistance Program shall be
conditional. At any time, the Illinois Department may deny
or cancel any alternate payee's registration in the
Illinois Medical Assistance Program without cause. Any
such denial or cancellation is not subject to an
administrative hearing.
(d) The Illinois Department may seek a revocation of
any alternate payee, and all owners, officers, and
individuals with management responsibility for such
alternate payee shall be permanently prohibited from
participating as an owner, an officer, or an individual
with management responsibility with an alternate payee in
the Illinois Medical Assistance Program, if after
reasonable notice and opportunity for a hearing the
Illinois Department finds that:
(1) the alternate payee is not complying with the
Department's policy or rules and regulations, or with
the terms and conditions prescribed by the Illinois
Department in its alternate payee registration

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agreement; or
(2) the alternate payee has failed to keep or make
available for inspection, audit, or copying, after
receiving a written request from the Illinois
Department, such records regarding payments claimed as
an alternate payee; or
(3) the alternate payee has failed to furnish any
information requested by the Illinois Department
regarding payments claimed as an alternate payee; or
(4) the alternate payee has knowingly made, or
caused to be made, any false statement or
representation of a material fact in connection with
the administration of the Illinois Medical Assistance
Program; or
(5) the alternate payee, a person with management
responsibility for an alternate payee, an officer or
person owning, either directly or indirectly, 5% or
more of the shares of stock or other evidences of
ownership in a corporate alternate payee, or a partner
in a partnership which is an alternate payee:
(a) was previously terminated, suspended, or
excluded from participation as a vendor in the
Illinois Medical Assistance Program, or was
previously revoked as an alternate payee in the
Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from

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participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code; or
(b) was a person with management
responsibility for a vendor previously terminated,
suspended, or excluded from participation as a
vendor in the Illinois Medical Assistance Program,
or was previously revoked as an alternate payee in
the Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion or alternate
payee's revocation; or
(c) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a
corporate vendor previously terminated, suspended,
or excluded from participation as a vendor in the
Illinois Medical Assistance Program, or was
previously revoked as an alternate payee in the
Illinois Medical Assistance Program, or was

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terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion; or
(d) was an owner of a sole proprietorship or
partner in a partnership previously terminated,
suspended, or excluded from participation as a
vendor in the Illinois Medical Assistance Program,
or was previously revoked as an alternate payee in
the Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion or alternate
payee's revocation; or
(6) the alternate payee, a person with management
responsibility for an alternate payee, an officer or
person owning, either directly or indirectly, 5% or
more of the shares of stock or other evidences of
ownership in a corporate alternate payee, or a partner

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in a partnership which is an alternate payee:
(a) has engaged in conduct prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or
(b) was a person with management
responsibility for a vendor or alternate payee at
the time that the vendor or alternate payee engaged
in practices prohibited by applicable federal or
State law or regulation relating to the Illinois
Medical Assistance Program; or
(c) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a vendor
or alternate payee at the time such vendor or
alternate payee engaged in practices prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or
(d) was an owner of a sole proprietorship or
partner in a partnership which was a vendor or
alternate payee at the time such vendor or
alternate payee engaged in practices prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or

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(7) the direct or indirect ownership of the vendor
or alternate payee (including the ownership of a vendor
or alternate payee that is a partner's interest in a
vendor or alternate payee, or ownership of 5% or more
of the shares of stock or other evidences of ownership
in a corporate vendor or alternate payee) has been
transferred by an individual who is terminated,
suspended, or excluded or barred from participating as
a vendor or is prohibited or revoked as an alternate
payee to the individual's spouse, child, brother,
sister, parent, grandparent, grandchild, uncle, aunt,
niece, nephew, cousin, or relative by marriage.
(K) The Illinois Department of Healthcare and Family
Services may withhold payments, in whole or in part, to a
provider or alternate payee where there is credible evidence,
received from State or federal law enforcement or federal
oversight agencies or from the results of a preliminary
Department audit, that the circumstances giving rise to the
need for a withholding of payments may involve fraud or willful
misrepresentation under the Illinois Medical Assistance
program. The Department shall by rule define what constitutes
"credible" evidence for purposes of this subsection. The
Department may withhold payments without first notifying the
provider or alternate payee of its intention to withhold such
payments. A provider or alternate payee may request a
reconsideration of payment withholding, and the Department

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must grant such a request. The Department shall state by rule a
process and criteria by which a provider or alternate payee may
request full or partial release of payments withheld under this
subsection. This request may be made at any time after the
Department first withholds such payments.
(a) The Illinois Department must send notice of its
withholding of program payments within 5 days of taking
such action. The notice must set forth the general
allegations as to the nature of the withholding action, but
need not disclose any specific information concerning its
ongoing investigation. The notice must do all of the
following:
(1) State that payments are being withheld in
accordance with this subsection.
(2) State that the withholding is for a temporary
period, as stated in paragraph (b) of this subsection,
and cite the circumstances under which withholding
will be terminated.
(3) Specify, when appropriate, which type or types
of Medicaid claims withholding is effective.
(4) Inform the provider or alternate payee of the
right to submit written evidence for reconsideration
of the withholding by the Illinois Department.
(5) Inform the provider or alternate payee that a
written request may be made to the Illinois Department
for full or partial release of withheld payments and

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that such requests may be made at any time after the
Department first withholds such payments.
(b) All withholding-of-payment actions under this
subsection shall be temporary and shall not continue after
any of the following:
(1) The Illinois Department or the prosecuting
authorities determine that there is insufficient
evidence of fraud or willful misrepresentation by the
provider or alternate payee.
(2) Legal proceedings related to the provider's or
alternate payee's alleged fraud, willful
misrepresentation, violations of this Act, or
violations of the Illinois Department's administrative
rules are completed.
(3) The withholding of payments for a period of 3
years.
(c) The Illinois Department may adopt all rules
necessary to implement this subsection (K).
(K-5) The Illinois Department may withhold payments, in
whole or in part, to a provider or alternate payee upon
initiation of an audit, quality of care review, investigation
when there is a credible allegation of fraud, or the provider
or alternate payee demonstrating a clear failure to cooperate
with the Illinois Department such that the circumstances give
rise to the need for a withholding of payments. As used in this
subsection, "credible allegation" is defined to include an

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allegation from any source, including, but not limited to,
fraud hotline complaints, claims data mining, patterns
identified through provider audits, civil actions filed under
the Illinois False Claims Act, and law enforcement
investigations. An allegation is considered to be credible when
it has indicia of reliability. The Illinois Department may
withhold payments without first notifying the provider or
alternate payee of its intention to withhold such payments. A
provider or alternate payee may request a hearing or a
reconsideration of payment withholding, and the Illinois
Department must grant such a request. The Illinois Department
shall state by rule a process and criteria by which a provider
or alternate payee may request a hearing or a reconsideration
for the full or partial release of payments withheld under this
subsection. This request may be made at any time after the
Illinois Department first withholds such payments.
(a) The Illinois Department must send notice of its
withholding of program payments within 5 days of taking
such action. The notice must set forth the general
allegations as to the nature of the withholding action but
need not disclose any specific information concerning its
ongoing investigation. The notice must do all of the
following:
(1) State that payments are being withheld in
accordance with this subsection.
(2) State that the withholding is for a temporary

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period, as stated in paragraph (b) of this subsection,
and cite the circumstances under which withholding
will be terminated.
(3) Specify, when appropriate, which type or types
of claims are withheld.
(4) Inform the provider or alternate payee of the
right to request a hearing or a reconsideration of the
withholding by the Illinois Department, including the
ability to submit written evidence.
(5) Inform the provider or alternate payee that a
written request may be made to the Illinois Department
for a hearing or a reconsideration for the full or
partial release of withheld payments and that such
requests may be made at any time after the Illinois
Department first withholds such payments.
(b) All withholding of payment actions under this
subsection shall be temporary and shall not continue after
any of the following:
(1) The Illinois Department determines that there
is insufficient evidence of fraud, or the provider or
alternate payee demonstrates clear cooperation with
the Illinois Department, as determined by the Illinois
Department, such that the circumstances do not give
rise to the need for withholding of payments; or
(2) The withholding of payments has lasted for a
period in excess of 3 years.

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(c) The Illinois Department may adopt all rules
necessary to implement this subsection (K-5).
(L) The Illinois Department shall establish a protocol to
enable health care providers to disclose an actual or potential
violation of this Section pursuant to a self-referral
disclosure protocol, referred to in this subsection as "the
protocol". The protocol shall include direction for health care
providers on a specific person, official, or office to whom
such disclosures shall be made. The Illinois Department shall
post information on the protocol on the Illinois Department's
public website. The Illinois Department may adopt rules
necessary to implement this subsection (L). In addition to
other factors that the Illinois Department finds appropriate,
the Illinois Department may consider a health care provider's
timely use or failure to use the protocol in considering the
provider's failure to comply with this Code.
(M) Notwithstanding any other provision of this Code, the
Illinois Department, at its discretion, may exempt an entity
licensed under the Nursing Home Care Act and the ID/DD
Community Care Act from the provisions of subsections (A-15),
(B), and (C) of this Section if the licensed entity is in
receivership.
(Source: P.A. 97-689, eff. 6-14-12; revised 8-3-12.)
Section 85. The Abused and Neglected Child Reporting Act is
amended by changing Section 4 as follows:

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(325 ILCS 5/4) (from Ch. 23, par. 2054)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatric physician podiatrist, physician
assistant, substance abuse treatment personnel, funeral home
director or employee, coroner, medical examiner, emergency
medical technician, acupuncturist, crisis line or hotline
personnel, school personnel (including administrators and both
certified and non-certified school employees), personnel of
institutions of higher education, educational advocate
assigned to a child pursuant to the School Code, member of a
school board or the Chicago Board of Education or the governing
body of a private school (but only to the extent required in
accordance with other provisions of this Section expressly
concerning the duty of school board members to report suspected
child abuse), truant officers, social worker, social services
administrator, domestic violence program personnel, registered
nurse, licensed practical nurse, genetic counselor,
respiratory care practitioner, advanced practice nurse, home
health aide, director or staff assistant of a nursery school or
a child day care center, recreational or athletic program or
facility personnel, early intervention provider as defined in

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the Early Intervention Services System Act, law enforcement
officer, licensed professional counselor, licensed clinical
professional counselor, registered psychologist and assistants
working under the direct supervision of a psychologist,
psychiatrist, or field personnel of the Department of
Healthcare and Family Services, Juvenile Justice, Public
Health, Human Services (acting as successor to the Department
of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, animal control officer or Illinois
Department of Agriculture Bureau of Animal Health and Welfare
field investigator, or any other foster parent, homemaker or
child care worker having reasonable cause to believe a child
known to them in their professional or official capacity may be
an abused child or a neglected child shall immediately report
or cause a report to be made to the Department.
Any member of the clergy having reasonable cause to believe
that a child known to that member of the clergy in his or her
professional capacity may be an abused child as defined in item
(c) of the definition of "abused child" in Section 3 of this
Act shall immediately report or cause a report to be made to
the Department.
Any physician, physician's assistant, registered nurse,
licensed practical nurse, medical technician, certified

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nursing assistant, social worker, or licensed professional
counselor of any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives
having reasonable cause to believe a child known to him or her
in his or her professional or official capacity may be an
abused child or a neglected child shall immediately report or
cause a report to be made to the Department.
If an allegation is raised to a school board member during
the course of an open or closed school board meeting that a
child who is enrolled in the school district of which he or she
is a board member is an abused child as defined in Section 3 of
this Act, the member shall direct or cause the school board to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse. For purposes of this paragraph, a school board member is
granted the authority in his or her individual capacity to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for

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the provision of information concerning the job performance or
qualifications of the current or former employee because he or
she is an applicant for employment with the requesting school
district, the general superintendent of the school district to
which the request is being made must disclose to the requesting
school district the fact that an employee of the school
district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as
required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not been
informed by the Department that the allegations were unfounded.
An employee of a school district who is or has been the subject
of a report made pursuant to this Act during his or her
employment with the school district must be informed by that
school district that if he or she applies for employment with
another school district, the general superintendent of the
former school district, upon the request of the school district
to which the employee applies, shall notify that requesting
school district that the employee is or was the subject of such
a report.
Whenever such person is required to report under this Act

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in his capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, or
as a member of the clergy, he shall make report immediately to
the Department in accordance with the provisions of this Act
and may also notify the person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated agent
that such report has been made. Under no circumstances shall
any person in charge of such institution, school, facility or
agency, or church, synagogue, temple, mosque, or other
religious institution, or his designated agent to whom such
notification has been made, exercise any control, restraint,
modification or other change in the report or the forwarding of
such report to the Department.
The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for failure
to report as required by this Act or constitute grounds for
failure to share information or documents with the Department
during the course of a child abuse or neglect investigation. If
requested by the professional, the Department shall confirm in
writing that the information or documents disclosed by the
professional were gathered in the course of a child abuse or
neglect investigation.
A member of the clergy may claim the privilege under

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Section 8-803 of the Code of Civil Procedure.
Any office, clinic, or any other physical location that
provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her
professional or official capacity may be an abused child or a
neglected child. In addition to the above persons required to
report suspected cases of abused or neglected children, any
other person may make a report if such person has reasonable
cause to believe a child may be an abused child or a neglected
child.
Any person who enters into employment on and after July 1,
1986 and is mandated by virtue of that employment to report
under this Act, shall sign a statement on a form prescribed by
the Department, to the effect that the employee has knowledge
and understanding of the reporting requirements of this Act.
The statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of the

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statement shall be borne by the employer.
The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the "Criminal Code of
1961". A violation of this provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the purpose
of protecting or insulating any person or entity from arrest or
prosecution, the person is guilty of a Class 4 felony for a
first offense and a Class 3 felony for a second or subsequent
offense (regardless of whether the second or subsequent offense
involves any of the same facts or persons as the first or other
prior offense).
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer alone
for the treatment or cure of disease or remedial care may be

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considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
A child shall not be considered neglected or abused solely
because the child is not attending school in accordance with
the requirements of Article 26 of the School Code, as amended.
Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or neglected
in violation of the Humane Care for Animals Act from reporting
animal abuse or neglect to the Department of Agriculture's
Bureau of Animal Health and Welfare.
A home rule unit may not regulate the reporting of child
abuse or neglect in a manner inconsistent with the provisions
of this Section. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 96-494, eff. 8-14-09; 96-1446, eff. 8-20-10;
97-189, eff. 7-22-11; 97-254, eff. 1-1-12; 97-387, eff.
8-15-11; 97-711, eff. 6-27-12; 97-813, eff. 7-13-12.)
Section 90. The AIDS Confidentiality Act is amended by
changing Section 3 as follows:

HB1388 Engrossed - 195 - LRB098 07103 MGM 37164 b
(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
Sec. 3. When used in this Act:
(a) "Department" means the Illinois Department of Public
Health.
(b) "AIDS" means acquired immunodeficiency syndrome.
(c) "HIV" means the Human Immunodeficiency Virus or any
other identified causative agent of AIDS.
(d) "Informed consent" means a written or verbal agreement
by the subject of a test or the subject's legally authorized
representative without undue inducement or any element of
force, fraud, deceit, duress or other form of constraint or
coercion, which entails at least the following pre-test
information:
(1) a fair explanation of the test, including its purpose,
potential uses, limitations and the meaning of its results; and
(2) a fair explanation of the procedures to be followed,
including the voluntary nature of the test, the right to
withdraw consent to the testing process at any time, the right
to anonymity to the extent provided by law with respect to
participation in the test and disclosure of test results, and
the right to confidential treatment of information identifying
the subject of the test and the results of the test, to the
extent provided by law.
Pre-test information may be provided in writing, verbally,
or by video, electronic, or other means. The subject must be

HB1388 Engrossed - 196 - LRB098 07103 MGM 37164 b
offered an opportunity to ask questions about the HIV test and
decline testing. Nothing in this Act shall prohibit a health
care provider from combining a form used to obtain informed
consent for HIV testing with forms used to obtain written
consent for general medical care or any other medical test or
procedure provided that the forms make it clear that the
subject may consent to general medical care, tests, or medical
procedures without being required to consent to HIV testing and
clearly explain how the subject may opt-out of HIV testing.
(e) "Health facility" means a hospital, nursing home, blood
bank, blood center, sperm bank, or other health care
institution, including any "health facility" as that term is
defined in the Illinois Finance Authority Act.
(f) "Health care provider" means any health care
professional, nurse, paramedic, psychologist or other person
providing medical, nursing, psychological, or other health
care services of any kind.
(f-5) "Health care professional" means (i) a licensed
physician, (ii) a physician assistant to whom the physician
assistant's supervising physician has delegated the provision
of AIDS and HIV-related health services, (iii) an advanced
practice registered nurse who has a written collaborative
agreement with a collaborating physician which authorizes the
provision of AIDS and HIV-related health services, (iv) a
licensed dentist, (v) a licensed podiatric physician
podiatrist, or (vi) an individual certified to provide HIV

HB1388 Engrossed - 197 - LRB098 07103 MGM 37164 b
testing and counseling by a state or local public health
department.
(g) "Test" or "HIV test" means a test to determine the
presence of the antibody or antigen to HIV, or of HIV
infection.
(h) "Person" includes any natural person, partnership,
association, joint venture, trust, governmental entity, public
or private corporation, health facility or other legal entity.
(Source: P.A. 95-7, eff. 6-1-08; 95-331, eff. 8-21-07.)
Section 95. The Illinois Sexually Transmissible Disease
Control Act is amended by changing Section 5.5 as follows:
(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
Sec. 5.5. Risk assessment.
(a) Whenever the Department receives a report of HIV
infection or AIDS pursuant to this Act and the Department
determines that the subject of the report may present or may
have presented a possible risk of HIV transmission, the
Department shall, when medically appropriate, investigate the
subject of the report and that person's contacts as defined in
subsection (c), to assess the potential risks of transmission.
Any investigation and action shall be conducted in a timely
fashion. All contacts other than those defined in subsection
(c) shall be investigated in accordance with Section 5 of this
Act.

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(b) If the Department determines that there is or may have
been potential risks of HIV transmission from the subject of
the report to other persons, the Department shall afford the
subject the opportunity to submit any information and comment
on proposed actions the Department intends to take with respect
to the subject's contacts who are at potential risk of
transmission of HIV prior to notification of the subject's
contacts. The Department shall also afford the subject of the
report the opportunity to notify the subject's contacts in a
timely fashion who are at potential risk of transmission of HIV
prior to the Department taking any steps to notify such
contacts. If the subject declines to notify such contacts or if
the Department determines the notices to be inadequate or
incomplete, the Department shall endeavor to notify such other
persons of the potential risk, and offer testing and counseling
services to these individuals. When the contacts are notified,
they shall be informed of the disclosure provisions of the AIDS
Confidentiality Act and the penalties therein and this Section.
(c) Contacts investigated under this Section shall in the
case of HIV infection include (i) individuals who have
undergone invasive procedures performed by an HIV infected
health care provider and (ii) health care providers who have
performed invasive procedures for persons infected with HIV,
provided the Department has determined that there is or may
have been potential risk of HIV transmission from the health
care provider to those individuals or from infected persons to

HB1388 Engrossed - 199 - LRB098 07103 MGM 37164 b
health care providers. The Department shall have access to the
subject's records to review for the identity of contacts. The
subject's records shall not be copied or seized by the
Department.
For purposes of this subsection, the term "invasive
procedures" means those procedures termed invasive by the
Centers for Disease Control in current guidelines or
recommendations for the prevention of HIV transmission in
health care settings, and the term "health care provider" means
any physician, dentist, podiatric physician podiatrist,
advanced practice nurse, physician assistant, nurse, or other
person providing health care services of any kind.
(d) All information and records held by the Department and
local health authorities pertaining to activities conducted
pursuant to this Section shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. Such information and records shall not be
released or made public by the Department or local health
authorities, and shall not be admissible as evidence, nor
discoverable in any action of any kind in any court or before
any tribunal, board, agency or person and shall be treated in
the same manner as the information and those records subject to
the provisions of Part 21 of the Code of Civil Procedure except
under the following circumstances:
(1) When made with the written consent of all persons
to whom this information pertains;

HB1388 Engrossed - 200 - LRB098 07103 MGM 37164 b
(2) When authorized under Section 8 to be released
under court order or subpoena pursuant to Section 12-5.01
or 12-16.2 of the Criminal Code of 1961; or
(3) When made by the Department for the purpose of
seeking a warrant authorized by Sections 6 and 7 of this
Act. Such disclosure shall conform to the requirements of
subsection (a) of Section 8 of this Act.
(e) Any person who knowingly or maliciously disseminates
any information or report concerning the existence of any
disease under this Section is guilty of a Class A misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
Section 100. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 2.36 as follows:
(410 ILCS 620/2.36) (from Ch. 56 1/2, par. 502.36)
Sec. 2.36. "Prescription" means and includes any order for
drugs or medical devices, written, facsimile, or verbal by a
physician licensed to practice medicine in all its branches,
dentist, veterinarian, or podiatric physician podiatrist
containing the following: (1) name of the patient; (2) date
when prescription was given; (3) name and strength of drug or
description of the medical device prescribed; (4) quantity, (5)
directions for use, (6) prescriber's name, address and
signature, and (7) DEA number where required, for controlled
substances.

HB1388 Engrossed - 201 - LRB098 07103 MGM 37164 b
(Source: P.A. 89-202, eff. 7-21-95.)
Section 105. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 303.05 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self
control with reference to his or her addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf

HB1388 Engrossed - 202 - LRB098 07103 MGM 37164 b
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-

HB1388 Engrossed - 203 - LRB098 07103 MGM 37164 b
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]
-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),

HB1388 Engrossed - 204 - LRB098 07103 MGM 37164 b
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane),
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane),
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-

HB1388 Engrossed - 205 - LRB098 07103 MGM 37164 b
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),

HB1388 Engrossed - 206 - LRB098 07103 MGM 37164 b
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-

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diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.

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(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance, or
immediate precursor in the Schedules of Article II of this Act
or (ii) a drug or other substance, or immediate precursor,
designated as a controlled substance by the Department through
administrative rule. The term does not include distilled
spirits, wine, malt beverages, or tobacco, as those terms are
defined or used in the Liquor Control Act and the Tobacco

HB1388 Engrossed - 209 - LRB098 07103 MGM 37164 b
Products Tax Act.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive

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or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to alcohol, cannabis and its active principles
and their analogs, benzodiazepines and their analogs,
barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the

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lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.

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(t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used
by a euthanasia agency for the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his or
her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.

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(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
(u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the State Police of the
State of Illinois, or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled
substance;
(2) which is an immediate chemical intermediary used or
likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,

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County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled
substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted distribution
included an exchange of or demand for money or other

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property as consideration, and whether the amount of the
consideration was substantially greater than the
reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a

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controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
(1) by an ultimate user, the preparation or compounding
of a controlled substance for his or her own use; or
(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:
(a) as an incident to his or her administering or
dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe through
a written delegation of authority by a physician licensed to
practice medicine in all of its branches, in accordance with
Section 7.5 of the Physician Assistant Practice Act of 1987,

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(ii) an advanced practice nurse who has been delegated
authority to prescribe through a written delegation of
authority by a physician licensed to practice medicine in all
of its branches or by a podiatric physician podiatrist, in
accordance with Section 65-40 of the Nurse Practice Act, or
(iii) an animal euthanasia agency.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine and
ecgonine, and their isomers, derivatives and salts, have
been removed;
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;

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(6) ecgonine, its derivatives, their salts, isomers,
and salts of isomers;
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or

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certificate of registration as a registered pharmacist, a local
registered pharmacist or a registered assistant pharmacist
under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician podiatrist, veterinarian, scientific investigator,
pharmacist, physician assistant, advanced practice nurse,
licensed practical nurse, registered nurse, hospital,
laboratory, or pharmacy, or other person licensed, registered,
or otherwise lawfully permitted by the United States or this
State to distribute, dispense, conduct research with respect
to, administer or use in teaching or chemical analysis, a
controlled substance in the course of professional practice or
research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated

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prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician podiatrist or veterinarian who issues a
prescription, a physician assistant who issues a prescription
for a controlled substance in accordance with Section 303.05, a
written delegation, and a written supervision agreement
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, or an advanced practice nurse with prescriptive
authority delegated under Section 65-40 of the Nurse Practice
Act and in accordance with Section 303.05, a written
delegation, and a written collaborative agreement under
Section 65-35 of the Nurse Practice Act.
(nn) "Prescription" means a written, facsimile, or oral
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatric physician
podiatrist or veterinarian for any controlled substance, of an
optometrist for a Schedule III, IV, or V controlled substance
in accordance with Section 15.1 of the Illinois Optometric
Practice Act of 1987, of a physician assistant for a controlled
substance in accordance with Section 303.05, a written
delegation, and a written supervision agreement required under
Section 7.5 of the Physician Assistant Practice Act of 1987, or

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of an advanced practice nurse with prescriptive authority
delegated under Section 65-40 of the Nurse Practice Act who
issues a prescription for a controlled substance in accordance
with Section 303.05, a written delegation, and a written
collaborative agreement under Section 65-35 of the Nurse
Practice Act when required by law.
(nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section 316.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,

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and any area subject to the legal authority of the United
States of America.
(rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to amphetamines and their analogs,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09;
97-334, eff. 1-1-12.)
(720 ILCS 570/303.05)
Sec. 303.05. Mid-level practitioner registration.
(a) The Department of Financial and Professional
Regulation shall register licensed physician assistants and
licensed advanced practice nurses to prescribe and dispense
controlled substances under Section 303 and euthanasia
agencies to purchase, store, or administer animal euthanasia
drugs under the following circumstances:
(1) with respect to physician assistants,

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(A) the physician assistant has been delegated
written authority to prescribe any Schedule III
through V controlled substances by a physician
licensed to practice medicine in all its branches in
accordance with Section 7.5 of the Physician Assistant
Practice Act of 1987; and the physician assistant has
completed the appropriate application forms and has
paid the required fees as set by rule; or
(B) the physician assistant has been delegated
authority by a supervising physician licensed to
practice medicine in all its branches to prescribe or
dispense Schedule II controlled substances through a
written delegation of authority and under the
following conditions:
(i) Specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the supervising physician.
This delegation must identify the specific
Schedule II controlled substances by either brand
name or generic name. Schedule II controlled
substances to be delivered by injection or other
route of administration may not be delegated;
(ii) any delegation must be of controlled
substances prescribed by the supervising

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physician;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
supervising physician;
(iv) the physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician;
(v) the physician assistant must have
completed the appropriate application forms and
paid the required fees as set by rule;
(vi) the physician assistant must provide
evidence of satisfactory completion of 45 contact
hours in pharmacology from any physician assistant
program accredited by the Accreditation Review
Commission on Education for the Physician
Assistant (ARC-PA), or its predecessor agency, for
any new license issued with Schedule II authority
after the effective date of this amendatory Act of
the 97th General Assembly; and
(vii) the physician assistant must annually
complete at least 5 hours of continuing education
in pharmacology.
(2) with respect to advanced practice nurses,
(A) the advanced practice nurse has been delegated

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authority to prescribe any Schedule III through V
controlled substances by a collaborating physician
licensed to practice medicine in all its branches or a
collaborating podiatric physician podiatrist in
accordance with Section 65-40 of the Nurse Practice
Act. The advanced practice nurse has completed the
appropriate application forms and has paid the
required fees as set by rule; or
(B) the advanced practice nurse has been delegated
authority by a collaborating physician licensed to
practice medicine in all its branches or collaborating
podiatric physician podiatrist to prescribe or
dispense Schedule II controlled substances through a
written delegation of authority and under the
following conditions:
(i) specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the collaborating
physician or podiatric physician podiatrist. This
delegation must identify the specific Schedule II
controlled substances by either brand name or
generic name. Schedule II controlled substances to
be delivered by injection or other route of
administration may not be delegated;

HB1388 Engrossed - 226 - LRB098 07103 MGM 37164 b
(ii) any delegation must be of controlled
substances prescribed by the collaborating
physician or podiatric physician podiatrist;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
collaborating physician or podiatric physician
podiatrist;
(iv) the advanced practice nurse must discuss
the condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician or podiatric physician
podiatrist or in the course of review as required
by Section 65-40 of the Nurse Practice Act;
(v) the advanced practice nurse must have
completed the appropriate application forms and
paid the required fees as set by rule;
(vi) the advanced practice nurse must provide
evidence of satisfactory completion of at least 45
graduate contact hours in pharmacology for any new
license issued with Schedule II authority after
the effective date of this amendatory Act of the
97th General Assembly; and
(vii) the advanced practice nurse must
annually complete 5 hours of continuing education
in pharmacology; or

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(3) with respect to animal euthanasia agencies, the
euthanasia agency has obtained a license from the
Department of Financial and Professional Regulation and
obtained a registration number from the Department.
(b) The mid-level practitioner shall only be licensed to
prescribe those schedules of controlled substances for which a
licensed physician or licensed podiatric physician podiatrist
has delegated prescriptive authority, except that an animal
euthanasia agency does not have any prescriptive authority. A
physician assistant and an advanced practice nurse are
prohibited from prescribing medications and controlled
substances not set forth in the required written delegation of
authority.
(c) Upon completion of all registration requirements,
physician assistants, advanced practice nurses, and animal
euthanasia agencies may be issued a mid-level practitioner
controlled substances license for Illinois.
(d) A collaborating physician or podiatric physician
podiatrist may, but is not required to, delegate prescriptive
authority to an advanced practice nurse as part of a written
collaborative agreement, and the delegation of prescriptive
authority shall conform to the requirements of Section 65-40 of
the Nurse Practice Act.
(e) A supervising physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written supervision agreement, and the delegation of

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prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(f) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09;
96-1000, eff. 7-2-10; 97-334, eff. 1-1-12; 97-358, eff.
8-12-11; 97-813, eff. 7-13-12.)
Section 110. The Code of Civil Procedure is amended by
changing Sections 2-622 and 8-2001 as follows:
(735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
Sec. 2-622. Healing art malpractice.
(a) In any action, whether in tort, contract or otherwise,
in which the plaintiff seeks damages for injuries or death by
reason of medical, hospital, or other healing art malpractice,
the plaintiff's attorney or the plaintiff, if the plaintiff is
proceeding pro se, shall file an affidavit, attached to the
original and all copies of the complaint, declaring one of the
following:
1. That the affiant has consulted and reviewed the
facts of the case with a health professional who the
affiant reasonably believes: (i) is knowledgeable in the
relevant issues involved in the particular action; (ii)
practices or has practiced within the last 6 years or
teaches or has taught within the last 6 years in the same

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area of health care or medicine that is at issue in the
particular action; and (iii) is qualified by experience or
demonstrated competence in the subject of the case; that
the reviewing health professional has determined in a
written report, after a review of the medical record and
other relevant material involved in the particular action
that there is a reasonable and meritorious cause for the
filing of such action; and that the affiant has concluded
on the basis of the reviewing health professional's review
and consultation that there is a reasonable and meritorious
cause for filing of such action. If the affidavit is filed
as to a defendant who is a physician licensed to treat
human ailments without the use of drugs or medicines and
without operative surgery, a dentist, a podiatric
physician podiatrist, a psychologist, or a naprapath, the
written report must be from a health professional licensed
in the same profession, with the same class of license, as
the defendant. For affidavits filed as to all other
defendants, the written report must be from a physician
licensed to practice medicine in all its branches. In
either event, the affidavit must identify the profession of
the reviewing health professional. A copy of the written
report, clearly identifying the plaintiff and the reasons
for the reviewing health professional's determination that
a reasonable and meritorious cause for the filing of the
action exists, must be attached to the affidavit, but

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information which would identify the reviewing health
professional may be deleted from the copy so attached.
2. That the affiant was unable to obtain a consultation
required by paragraph 1 because a statute of limitations
would impair the action and the consultation required could
not be obtained before the expiration of the statute of
limitations. If an affidavit is executed pursuant to this
paragraph, the certificate and written report required by
paragraph 1 shall be filed within 90 days after the filing
of the complaint. The defendant shall be excused from
answering or otherwise pleading until 30 days after being
served with a certificate required by paragraph 1.
3. That a request has been made by the plaintiff or his
attorney for examination and copying of records pursuant to
Part 20 of Article VIII of this Code and the party required
to comply under those Sections has failed to produce such
records within 60 days of the receipt of the request. If an
affidavit is executed pursuant to this paragraph, the
certificate and written report required by paragraph 1
shall be filed within 90 days following receipt of the
requested records. All defendants except those whose
failure to comply with Part 20 of Article VIII of this Code
is the basis for an affidavit under this paragraph shall be
excused from answering or otherwise pleading until 30 days
after being served with the certificate required by
paragraph 1.

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(b) Where a certificate and written report are required
pursuant to this Section a separate certificate and written
report shall be filed as to each defendant who has been named
in the complaint and shall be filed as to each defendant named
at a later time.
(c) Where the plaintiff intends to rely on the doctrine of
"res ipsa loquitur", as defined by Section 2-1113 of this Code,
the certificate and written report must state that, in the
opinion of the reviewing health professional, negligence has
occurred in the course of medical treatment. The affiant shall
certify upon filing of the complaint that he is relying on the
doctrine of "res ipsa loquitur".
(d) When the attorney intends to rely on the doctrine of
failure to inform of the consequences of the procedure, the
attorney shall certify upon the filing of the complaint that
the reviewing health professional has, after reviewing the
medical record and other relevant materials involved in the
particular action, concluded that a reasonable health
professional would have informed the patient of the
consequences of the procedure.
(e) Allegations and denials in the affidavit, made without
reasonable cause and found to be untrue, shall subject the
party pleading them or his attorney, or both, to the payment of
reasonable expenses, actually incurred by the other party by
reason of the untrue pleading, together with reasonable
attorneys' fees to be summarily taxed by the court upon motion

HB1388 Engrossed - 232 - LRB098 07103 MGM 37164 b
made within 30 days of the judgment or dismissal. In no event
shall the award for attorneys' fees and expenses exceed those
actually paid by the moving party, including the insurer, if
any. In proceedings under this paragraph (e), the moving party
shall have the right to depose and examine any and all
reviewing health professionals who prepared reports used in
conjunction with an affidavit required by this Section.
(f) A reviewing health professional who in good faith
prepares a report used in conjunction with an affidavit
required by this Section shall have civil immunity from
liability which otherwise might result from the preparation of
such report.
(g) The failure to file a certificate required by this
Section shall be grounds for dismissal under Section 2-619.
(h) (Blank).
(i) (Blank).
(Source: P.A. 97-1145, eff. 1-18-13.)
(735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
Sec. 8-2001. Examination of health care records.
(a) In this Section:
"Health care facility" or "facility" means a public or
private hospital, ambulatory surgical treatment center,
nursing home, independent practice association, or physician
hospital organization, or any other entity where health care
services are provided to any person. The term does not include

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a health care practitioner.
"Health care practitioner" means any health care
practitioner, including a physician, dentist, podiatric
physician podiatrist, advanced practice nurse, physician
assistant, clinical psychologist, or clinical social worker.
The term includes a medical office, health care clinic, health
department, group practice, and any other organizational
structure for a licensed professional to provide health care
services. The term does not include a health care facility.
(b) Every private and public health care facility shall,
upon the request of any patient who has been treated in such
health care facility, or any person, entity, or organization
presenting a valid authorization for the release of records
signed by the patient or the patient's legally authorized
representative, or as authorized by Section 8-2001.5, permit
the patient, his or her health care practitioner, authorized
attorney, or any person, entity, or organization presenting a
valid authorization for the release of records signed by the
patient or the patient's legally authorized representative to
examine the health care facility patient care records,
including but not limited to the history, bedside notes,
charts, pictures and plates, kept in connection with the
treatment of such patient, and permit copies of such records to
be made by him or her or his or her health care practitioner or
authorized attorney.
(c) Every health care practitioner shall, upon the request

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of any patient who has been treated by the health care
practitioner, or any person, entity, or organization
presenting a valid authorization for the release of records
signed by the patient or the patient's legally authorized
representative, permit the patient and the patient's health
care practitioner or authorized attorney, or any person,
entity, or organization presenting a valid authorization for
the release of records signed by the patient or the patient's
legally authorized representative, to examine and copy the
patient's records, including but not limited to those relating
to the diagnosis, treatment, prognosis, history, charts,
pictures and plates, kept in connection with the treatment of
such patient.
(d) A request for copies of the records shall be in writing
and shall be delivered to the administrator or manager of such
health care facility or to the health care practitioner. The
person (including patients, health care practitioners and
attorneys) requesting copies of records shall reimburse the
facility or the health care practitioner at the time of such
copying for all reasonable expenses, including the costs of
independent copy service companies, incurred in connection
with such copying not to exceed a $20 handling charge for
processing the request and the actual postage or shipping
charge, if any, plus: (1) for paper copies 75 cents per page
for the first through 25th pages, 50 cents per page for the
26th through 50th pages, and 25 cents per page for all pages in

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excess of 50 (except that the charge shall not exceed $1.25 per
page for any copies made from microfiche or microfilm; records
retrieved from scanning, digital imaging, electronic
information or other digital format do not qualify as
microfiche or microfilm retrieval for purposes of calculating
charges); and (2) for electronic records, retrieved from a
scanning, digital imaging, electronic information or other
digital format in a electronic document, a charge of 50% of the
per page charge for paper copies under subdivision (d)(1). This
per page charge includes the cost of each CD Rom, DVD, or other
storage media. Records already maintained in an electronic or
digital format shall be provided in an electronic format when
so requested. If the records system does not allow for the
creation or transmission of an electronic or digital record,
then the facility or practitioner shall inform the requester in
writing of the reason the records can not be provided
electronically. The written explanation may be included with
the production of paper copies, if the requester chooses to
order paper copies. These rates shall be automatically adjusted
as set forth in Section 8-2006. The facility or health care
practitioner may, however, charge for the reasonable cost of
all duplication of record material or information that cannot
routinely be copied or duplicated on a standard commercial
photocopy machine such as x-ray films or pictures.
(d-5) The handling fee shall not be collected from the
patient or the patient's personal representative who obtains

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copies of records under Section 8-2001.5.
(e) The requirements of this Section shall be satisfied
within 30 days of the receipt of a written request by a patient
or by his or her legally authorized representative, health care
practitioner, authorized attorney, or any person, entity, or
organization presenting a valid authorization for the release
of records signed by the patient or the patient's legally
authorized representative. If the facility or health care
practitioner needs more time to comply with the request, then
within 30 days after receiving the request, the facility or
health care practitioner must provide the requesting party with
a written statement of the reasons for the delay and the date
by which the requested information will be provided. In any
event, the facility or health care practitioner must provide
the requested information no later than 60 days after receiving
the request.
(f) A health care facility or health care practitioner must
provide the public with at least 30 days prior notice of the
closure of the facility or the health care practitioner's
practice. The notice must include an explanation of how copies
of the facility's records may be accessed by patients. The
notice may be given by publication in a newspaper of general
circulation in the area in which the health care facility or
health care practitioner is located.
(g) Failure to comply with the time limit requirement of
this Section shall subject the denying party to expenses and

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reasonable attorneys' fees incurred in connection with any
court ordered enforcement of the provisions of this Section.
(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12.)
Section 115. The Good Samaritan Act is amended by changing
Sections 30, 50, and 68 as follows:
(745 ILCS 49/30)
(Text of Section WITH the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 30. Free medical clinic; exemption from civil
liability for services performed without compensation.
(a) A person licensed under the Medical Practice Act of
1987, a person licensed to practice the treatment of human
ailments in any other state or territory of the United States,
or a health care professional, including but not limited to an
advanced practice nurse, retired physician, physician
assistant, nurse, pharmacist, physical therapist, podiatric
physician podiatrist, or social worker licensed in this State
or any other state or territory of the United States, who, in
good faith, provides medical treatment, diagnosis, or advice as
a part of the services of an established free medical clinic
providing care, including but not limited to home visits,
without charge to patients which is limited to care that does
not require the services of a licensed hospital or ambulatory
surgical treatment center and who receives no fee or

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compensation from that source shall not be liable for civil
damages as a result of his or her acts or omissions in
providing that medical treatment, except for willful or wanton
misconduct.
(b) For purposes of this Section, a "free medical clinic"
is an organized community based program providing medical care
without charge to individuals, at which the care provided does
not include an overnight stay in a health-care facility.
(c) The provisions of subsection (a) of this Section do not
apply to a particular case unless the free medical clinic has
posted in a conspicuous place on its premises an explanation of
the exemption from civil liability provided herein.
(d) The immunity from civil damages provided under
subsection (a) also applies to physicians, retired physicians,
hospitals, and other health care providers that provide further
medical treatment, diagnosis, or advice, including but not
limited to hospitalization, office visits, and home visits, to
a patient upon referral from an established free medical clinic
without fee or compensation.
(d-5) A free medical clinic may receive reimbursement from
the Illinois Department of Public Aid, provided any
reimbursements shall be used only to pay overhead expenses of
operating the free medical clinic and may not be used, in whole
or in part, to provide a fee or other compensation to any
person licensed under the Medical Practice Act of 1987 or any
other health care professional who is receiving an exemption

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under this Section. Any health care professional receiving an
exemption under this Section may not receive any fee or other
compensation in connection with any services provided to, or
any ownership interest in, the clinic. Medical care shall not
include an overnight stay in a health care facility.
(e) Nothing in this Section prohibits a free medical clinic
from accepting voluntary contributions for medical services
provided to a patient who has acknowledged his or her ability
and willingness to pay a portion of the value of the medical
services provided.
(f) Any voluntary contribution collected for providing
care at a free medical clinic shall be used only to pay
overhead expenses of operating the clinic. No portion of any
moneys collected shall be used to provide a fee or other
compensation to any person licensed under Medical Practice Act
of 1987.
(g) The changes to this Section made by this amendatory Act
of the 94th General Assembly apply to causes of action accruing
on or after its effective date.
(Source: P.A. 94-677, eff. 8-25-05.)
(Text of Section WITHOUT the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 30. Free medical clinic; exemption from civil
liability for services performed without compensation.
(a) A person licensed under the Medical Practice Act of

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1987, a person licensed to practice the treatment of human
ailments in any other state or territory of the United States,
or a health care professional, including but not limited to an
advanced practice nurse, physician assistant, nurse,
pharmacist, physical therapist, podiatric physician
podiatrist, or social worker licensed in this State or any
other state or territory of the United States, who, in good
faith, provides medical treatment, diagnosis, or advice as a
part of the services of an established free medical clinic
providing care to medically indigent patients which is limited
to care that does not require the services of a licensed
hospital or ambulatory surgical treatment center and who
receives no fee or compensation from that source shall not be
liable for civil damages as a result of his or her acts or
omissions in providing that medical treatment, except for
willful or wanton misconduct.
(b) For purposes of this Section, a "free medical clinic"
is an organized community based program providing medical care
without charge to individuals unable to pay for it, at which
the care provided does not include the use of general
anesthesia or require an overnight stay in a health-care
facility.
(c) The provisions of subsection (a) of this Section do not
apply to a particular case unless the free medical clinic has
posted in a conspicuous place on its premises an explanation of
the exemption from civil liability provided herein.

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(d) The immunity from civil damages provided under
subsection (a) also applies to physicians, hospitals, and other
health care providers that provide further medical treatment,
diagnosis, or advice to a patient upon referral from an
established free medical clinic without fee or compensation.
(e) Nothing in this Section prohibits a free medical clinic
from accepting voluntary contributions for medical services
provided to a patient who has acknowledged his or her ability
and willingness to pay a portion of the value of the medical
services provided.
Any voluntary contribution collected for providing care at
a free medical clinic shall be used only to pay overhead
expenses of operating the clinic. No portion of any moneys
collected shall be used to provide a fee or other compensation
to any person licensed under Medical Practice Act of 1987.
(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
(745 ILCS 49/50)
Sec. 50. Podiatric physician Podiatrist; exemption from
civil liability for emergency care. Any person licensed to
practice podiatric medicine in Illinois, or licensed under an
Act of any other state or territory of the United States, who
in good faith provides emergency care without fee to a victim
of an accident at the scene of an accident or in case of
nuclear attack shall not, as a result of his acts or omissions,
except willful or wanton misconduct on the part of the person

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in providing the care, be liable for civil damages.
(Source: P.A. 89-607, eff. 1-1-97.)
(745 ILCS 49/68)
Sec. 68. Disaster Relief Volunteers. Any firefighter,
licensed emergency medical technician (EMT) as defined by
Section 3.50 of the Emergency Medical Services (EMS) Systems
Act, physician, dentist, podiatric physician podiatrist,
optometrist, pharmacist, advanced practice nurse, physician
assistant, or nurse who in good faith and without fee or
compensation provides health care services as a disaster relief
volunteer shall not, as a result of his or her acts or
omissions, except willful and wanton misconduct on the part of
the person, in providing health care services, be liable to a
person to whom the health care services are provided for civil
damages. This immunity applies to health care services that are
provided without fee or compensation during or within 10 days
following the end of a disaster or catastrophic event.
The immunity provided in this Section only applies to a
disaster relief volunteer who provides health care services in
relief of an earthquake, hurricane, tornado, nuclear attack,
terrorist attack, epidemic, or pandemic without fee or
compensation for providing the volunteer health care services.
The provisions of this Section shall not apply to any
health care facility as defined in Section 8-2001 of the Code
of Civil Procedure or to any practitioner, who is not a

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disaster relief volunteer, providing health care services in a
hospital or health care facility.
(Source: P.A. 95-447, eff. 8-27-07.)
Section 999. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance
40 ILCS 5/24-102 from Ch. 108 1/2, par. 24-102
110 ILCS 978/5
110 ILCS 978/15
210 ILCS 5/3 from Ch. 111 1/2, par. 157-8.3
210 ILCS 5/6 from Ch. 111 1/2, par. 157-8.6
210 ILCS 5/6.5
210 ILCS 5/6.7
210 ILCS 5/14 from Ch. 111 1/2, par. 157-8.14
210 ILCS 25/2-127 from Ch. 111 1/2, par. 622-127
210 ILCS 25/7-101 from Ch. 111 1/2, par. 627-101
210 ILCS 25/7-108 from Ch. 111 1/2, par. 627-108
210 ILCS 25/7-112 from Ch. 111 1/2, par. 627-112
210 ILCS 30/4 from Ch. 111 1/2, par. 4164
210 ILCS 85/10 from Ch. 111 1/2, par. 151
210 ILCS 85/10.7
215 ILCS 165/2 from Ch. 32, par. 596
215 ILCS 165/7 from Ch. 32, par. 601
215 ILCS 165/17 from Ch. 32, par. 611
225 ILCS 5/16 from Ch. 111, par. 7616
225 ILCS 47/15
225 ILCS 51/15
225 ILCS 57/25
225 ILCS 63/10
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225 ILCS 63/15
225 ILCS 63/110
225 ILCS 65/50-10 was 225 ILCS 65/5-10
225 ILCS 65/50-15 was 225 ILCS 65/5-15
225 ILCS 65/55-30
225 ILCS 65/65-35 was 225 ILCS 65/15-15
225 ILCS 65/65-40 was 225 ILCS 65/15-20
225 ILCS 65/65-45 was 225 ILCS 65/15-25
225 ILCS 65/65-55 was 225 ILCS 65/15-40
225 ILCS 65/70-5 was 225 ILCS 65/10-45
225 ILCS 75/3.1
225 ILCS 75/19 from Ch. 111, par. 3719
225 ILCS 84/10
225 ILCS 84/57
225 ILCS 85/3
225 ILCS 85/4 from Ch. 111, par. 4124
225 ILCS 85/22 from Ch. 111, par. 4142
225 ILCS 90/1 from Ch. 111, par. 4251
225 ILCS 90/17 from Ch. 111, par. 4267
225 ILCS 100/11 from Ch. 111, par. 4811
225 ILCS 100/20.5
225 ILCS 100/24.2
225 ILCS 130/10
305 ILCS 5/12-4.25 from Ch. 23, par. 12-4.25
325 ILCS 5/4 from Ch. 23, par. 2054
410 ILCS 305/3 from Ch. 111 1/2, par. 7303
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