Bill Text: IL HB1682 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Nurse Practice Act. Removes references to a written collaborative agreement throughout the Act. Provides that an advanced practice nurse's scope of practice includes collaboration and consultation with or referral to a physician or other appropriate health-care professional for patient care needs that exceed the APN's scope of practice, education, or experience. Provides that as part of the professional scope of advanced practice nursing, an advanced practice nurse possesses prescriptive authority appropriate to his or her specialty, scope of practice, education, and experience. Such prescriptive authority shall include the authority to prescribe, select, order, administer, store, accept samples of, and dispense over-the-counter medications, legend drugs, medical gases, certain controlled substances, and other preparations, including botanical and herbal remedies. Amends various other Acts to make related changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1682 Detail]

Download: Illinois-2011-HB1682-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1682 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
See Index
Amends the Nurse Practice Act. Removes references to a written collaborative agreement throughout the Act. Provides that an advanced practice nurse's scope of practice includes collaboration and consultation with or referral to a physician or other appropriate health-care professional for patient care needs that exceed the APN's scope of practice, education, or experience. Provides that as part of the professional scope of advanced practice nursing, an advanced practice nurse possesses prescriptive authority appropriate to his or her specialty, scope of practice, education, and experience. Such prescriptive authority shall include the authority to prescribe, select, order, administer, store, accept samples of, and dispense over-the-counter medications, legend drugs, medical gases, certain controlled substances, and other preparations, including botanical and herbal remedies. Amends various other Acts to make related changes. Effective immediately.
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A BILL FOR
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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 Identification Card Act is amended
by changing Section 4 as follows:
(15 ILCS 335/4) (from Ch. 124, par. 24)
Sec. 4. Identification Card.
(a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, final discharge, or pardon from the
Department of Corrections by submitting an identification card
issued by the Department of Corrections under Section 3-14-1 of
the Unified Code of Corrections, together with the prescribed
fees. No identification card shall be issued to any person who
holds a valid foreign state identification card, license, or
permit unless the person first surrenders to the Secretary of
State the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. The Illinois Identification Card may

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be used for identification purposes in any lawful situation
only by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
(a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
(b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois
Disabled Person Identification Card, to any natural person who
is a resident of the State of Illinois, who is a disabled
person as defined in Section 4A of this Act, who applies for
such card, or renewal thereof. No Disabled Person
Identification Card shall be issued to any person who holds a
valid foreign state identification card, license, or permit
unless the person first surrenders to the Secretary of State
the valid foreign state identification card, license, or
permit. The Secretary of State shall charge no fee to issue
such card. The card shall be prepared and supplied by the

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Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Disabled Person Identification
Card, and shall include a comprehensible designation of the
type and classification of the applicant's disability as set
out in Section 4A of this Act. If the applicant so requests,
the card shall include a description of the applicant's
disability and any information about the applicant's
disability or medical history which the Secretary determines
would be helpful to the applicant in securing emergency medical
care. If a mark is used in lieu of a signature, such mark shall
be affixed to the card in the presence of two witnesses who
attest to the authenticity of the mark. The Illinois Disabled
Person Identification Card may be used for identification
purposes in any lawful situation by the person to whom it was
issued.
The Illinois Disabled Person Identification Card may be
used as adequate documentation of disability in lieu of a
physician's determination of disability, a determination of
disability from a physician assistant who has been delegated
the authority to make this determination by his or her
supervising physician, a determination of disability from an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination, or any
other documentation of disability whenever any State law

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requires that a disabled person provide such documentation of
disability, however an Illinois Disabled Person Identification
Card shall not qualify the cardholder to participate in any
program or to receive any benefit which is not available to all
persons with like disabilities. Notwithstanding any other
provisions of law, an Illinois Disabled Person Identification
Card, or evidence that the Secretary of State has issued an
Illinois Disabled Person Identification Card, shall not be used
by any person other than the person named on such card to prove
that the person named on such card is a disabled person or for
any other purpose unless the card is used for the benefit of
the person named on such card, and the person named on such
card consents to such use at the time the card is so used.
An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Disabled Person
Identification Card.
When medical information is contained on an Illinois
Disabled Person Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
(c) Beginning January 1, 1986, the Secretary of State shall
provide that each original or renewal Illinois Identification
Card or Illinois Disabled Person Identification Card issued to
a person under the age of 21, shall be of a distinct nature
from those Illinois Identification Cards or Illinois Disabled

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Person Identification Cards issued to individuals 21 years of
age or older. The color designated for Illinois Identification
Cards or Illinois Disabled Person Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
(c-1) Beginning January 1, 2003, each original or renewal
Illinois Identification Card or Illinois Disabled Person
Identification Card issued to a person under the age of 21
shall display the date upon which the person becomes 18 years
of age and the date upon which the person becomes 21 years of
age.
(d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
(e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Disabled Person Identification Card a space where the card
holder may place a sticker or decal, issued by the Secretary of
State, of uniform size as the Secretary may specify, that shall

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indicate in appropriate language that the card holder has
renewed his or her Illinois Identification Card or Illinois
Disabled Person Identification Card.
(Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; 96-146,
eff. 1-1-10; 96-328, eff. 8-11-09; 96-1231, eff. 7-23-10.)
Section 10. The School Code is amended by changing Sections
22-30, 24-5, 24-6, 26-1, and 27-8.1 as follows:
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration of medication.
(a) In this Section:
"Asthma inhaler" means a quick reliever asthma inhaler.
"Epinephrine auto-injector" means a medical device for
immediate self-administration by a person at risk of
anaphylaxis.
"Medication" means a medicine, prescribed by (i) a
physician licensed to practice medicine in all its branches,
(ii) a physician assistant who has been delegated the authority
to prescribe asthma medications by his or her supervising
physician, or (iii) an advanced practice registered nurse who
has a written collaborative agreement with a collaborating
physician that delegates the authority to prescribe asthma
medications, for a pupil that pertains to the pupil's asthma
and that has an individual prescription label.
"Self-administration" means a pupil's discretionary use of

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and ability to carry his or her prescribed asthma medication.
(b) A school, whether public or nonpublic, must permit the
self-administration of medication by a pupil with asthma or the
use of an epinephrine auto-injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for the self-administration of medication or
(ii) for use of an epinephrine auto-injector, written
authorization from the pupil's physician, physician
assistant, or advanced practice registered nurse; and
(2) the parents or guardians of the pupil provide to
the school (i) the prescription label, which must contain
the name of the medication, the prescribed dosage, and the
time at which or circumstances under which the medication
is to be administered, or (ii) for use of an epinephrine
auto-injector, a written statement from the pupil's
physician, physician assistant, or advanced practice
registered nurse containing the following information:
(A) the name and purpose of the epinephrine
auto-injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine
auto-injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the

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school's administrator.
(c) The school district or nonpublic school must inform the
parents or guardians of the pupil, in writing, that the school
district or nonpublic school and its employees and agents are
to incur no liability, except for willful and wanton conduct,
as a result of any injury arising from the self-administration
of medication or use of an epinephrine auto-injector by the
pupil regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician's assistant, or advanced practice registered nurse.
The parents or guardians of the pupil must sign a statement
acknowledging that the school district or nonpublic school is
to incur no liability, except for willful and wanton conduct,
as a result of any injury arising from the self-administration
of medication or use of an epinephrine auto-injector by the
pupil regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician's assistant, or advanced practice registered nurse
and that the parents or guardians must indemnify and hold
harmless the school district or nonpublic school and its
employees and agents against any claims, except a claim based
on willful and wanton conduct, arising out of the
self-administration of medication or use of an epinephrine
auto-injector by the pupil regardless of whether authorization
was given by the pupil's parents or guardians or by the pupil's
physician, physician's assistant, or advanced practice

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registered nurse.
(d) The permission for self-administration of medication
or use of an epinephrine auto-injector is effective for the
school year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of
this Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may possess and use his or her
medication or a pupil may possess and use an epinephrine
auto-injector (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, such as while in before-school or after-school care
on school-operated property.
(Source: P.A. 96-1460, eff. 8-20-10.)
(105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
Sec. 24-5. Physical fitness and professional growth.
School boards shall require of new employees evidence of
physical fitness to perform duties assigned and freedom from
communicable disease, including tuberculosis. Such evidence
shall consist of a physical examination and a tuberculin skin
test and, if appropriate, an x-ray, made by a physician
licensed in Illinois or any other state to practice medicine
and surgery in all its branches, an advanced practice nurse who
has a written collaborative agreement with a collaborating

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physician that authorizes the advanced practice nurse to
perform health examinations, or a physician assistant who has
been delegated the authority to perform health examinations by
his or her supervising physician not more than 90 days
preceding time of presentation to the board and cost of such
examination shall rest with the employee. The board may from
time to time require an examination of any employee by a
physician licensed in Illinois to practice medicine and surgery
in all its branches, an advanced practice nurse who has a
written collaborative agreement with a collaborating physician
that authorizes the advanced practice nurse to perform health
examinations, or a physician assistant who has been delegated
the authority to perform health examinations by his or her
supervising physician and shall pay the expenses thereof from
school funds. School boards may require teachers in their
employ to furnish from time to time evidence of continued
professional growth.
(Source: P.A. 94-350, eff. 7-28-05.)
(105 ILCS 5/24-6)
Sec. 24-6. Sick leave. The school boards of all school
districts, including special charter districts, but not
including school districts in municipalities of 500,000 or
more, shall grant their full-time teachers, and also shall
grant such of their other employees as are eligible to
participate in the Illinois Municipal Retirement Fund under the

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"600-Hour Standard" established, or under such other
eligibility participation standard as may from time to time be
established, by rules and regulations now or hereafter
promulgated by the Board of that Fund under Section 7-198 of
the Illinois Pension Code, as now or hereafter amended, sick
leave provisions not less in amount than 10 days at full pay in
each school year. If any such teacher or employee does not use
the full amount of annual leave thus allowed, the unused amount
shall be allowed to accumulate to a minimum available leave of
180 days at full pay, including the leave of the current year.
Sick leave shall be interpreted to mean personal illness,
quarantine at home, serious illness or death in the immediate
family or household, or birth, adoption, or placement for
adoption. The school board may require a certificate from a
physician licensed in Illinois to practice medicine and surgery
in all its branches, a chiropractic physician licensed under
the Medical Practice Act of 1987, an advanced practice nurse
who has a written collaborative agreement with a collaborating
physician that authorizes the advanced practice nurse to
perform health examinations, a physician assistant who has been
delegated the authority to perform health examinations by his
or her supervising physician, or, if the treatment is by prayer
or spiritual means, a spiritual adviser or practitioner of the
teacher's or employee's faith as a basis for pay during leave
after an absence of 3 days for personal illness or 30 days for
birth or as the school board may deem necessary in other cases.

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If the school board does require a certificate as a basis for
pay during leave of less than 3 days for personal illness, the
school board shall pay, from school funds, the expenses
incurred by the teachers or other employees in obtaining the
certificate. For paid leave for adoption or placement for
adoption, the school board may require that the teacher or
other employee provide evidence that the formal adoption
process is underway, and such leave is limited to 30 days
unless a longer leave has been negotiated with the exclusive
bargaining representative.
If, by reason of any change in the boundaries of school
districts, or by reason of the creation of a new school
district, the employment of a teacher is transferred to a new
or different board, the accumulated sick leave of such teacher
is not thereby lost, but is transferred to such new or
different district.
For purposes of this Section, "immediate family" shall
include parents, spouse, brothers, sisters, children,
grandparents, grandchildren, parents-in-law, brothers-in-law,
sisters-in-law, and legal guardians.
(Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09;
96-367, eff. 8-13-09; 96-1000, eff. 7-2-10.)
(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
Sec. 26-1. Compulsory school age-Exemptions. Whoever has
custody or control of any child between the ages of 7 and 17

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years (unless the child has already graduated from high school)
shall cause such child to attend some public school in the
district wherein the child resides the entire time it is in
session during the regular school term, except as provided in
Section 10-19.1, and during a required summer school program
established under Section 10-22.33B; provided, that the
following children shall not be required to attend the public
schools:
1. Any child attending a private or a parochial school
where children are taught the branches of education taught
to children of corresponding age and grade in the public
schools, and where the instruction of the child in the
branches of education is in the English language;
2. Any child who is physically or mentally unable to
attend school, such disability being certified to the
county or district truant officer by a competent physician
licensed in Illinois to practice medicine and surgery in
all its branches, a chiropractic physician licensed under
the Medical Practice Act of 1987, an advanced practice
nurse who has a written collaborative agreement with a
collaborating physician that authorizes the advanced
practice nurse to perform health examinations, a physician
assistant who has been delegated the authority to perform
health examinations by his or her supervising physician, or
a Christian Science practitioner residing in this State and
listed in the Christian Science Journal; or who is excused

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for temporary absence for cause by the principal or teacher
of the school which the child attends; the exemptions in
this paragraph (2) do not apply to any female who is
pregnant or the mother of one or more children, except
where a female is unable to attend school due to a
complication arising from her pregnancy and the existence
of such complication is certified to the county or district
truant officer by a competent physician;
3. Any child necessarily and lawfully employed
according to the provisions of the law regulating child
labor may be excused from attendance at school by the
county superintendent of schools or the superintendent of
the public school which the child should be attending, on
certification of the facts by and the recommendation of the
school board of the public school district in which the
child resides. In districts having part time continuation
schools, children so excused shall attend such schools at
least 8 hours each week;
4. Any child over 12 and under 14 years of age while in
attendance at confirmation classes;
5. Any child absent from a public school on a
particular day or days or at a particular time of day for
the reason that he is unable to attend classes or to
participate in any examination, study or work requirements
on a particular day or days or at a particular time of day,
because the tenets of his religion forbid secular activity

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on a particular day or days or at a particular time of day.
Each school board shall prescribe rules and regulations
relative to absences for religious holidays including, but
not limited to, a list of religious holidays on which it
shall be mandatory to excuse a child; but nothing in this
paragraph 5 shall be construed to limit the right of any
school board, at its discretion, to excuse an absence on
any other day by reason of the observance of a religious
holiday. A school board may require the parent or guardian
of a child who is to be excused from attending school due
to the observance of a religious holiday to give notice,
not exceeding 5 days, of the child's absence to the school
principal or other school personnel. Any child excused from
attending school under this paragraph 5 shall not be
required to submit a written excuse for such absence after
returning to school; and
6. Any child 16 years of age or older who (i) submits
to a school district evidence of necessary and lawful
employment pursuant to paragraph 3 of this Section and (ii)
is enrolled in a graduation incentives program pursuant to
Section 26-16 of this Code or an alternative learning
opportunities program established pursuant to Article 13B
of this Code.
(Source: P.A. 96-367, eff. 8-13-09.)
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)

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Sec. 27-8.1. Health examinations and immunizations.
(1) In compliance with rules and regulations which the
Department of Public Health shall promulgate, and except as
hereinafter provided, all children in Illinois shall have a
health examination as follows: within one year prior to
entering kindergarten or the first grade of any public,
private, or parochial elementary school; upon entering the
sixth and ninth grades of any public, private, or parochial
school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade,
immediately prior to or upon entrance into any public, private,
or parochial school or nursery school, each child shall present
proof of having been examined in accordance with this Section
and the rules and regulations promulgated hereunder. Any child
who received a health examination within one year prior to
entering the fifth grade for the 2007-2008 school year is not
required to receive an additional health examination in order
to comply with the provisions of Public Act 95-422 when he or
she attends school for the 2008-2009 school year, unless the
child is attending school for the first time as provided in
this paragraph.
A tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. Additional health examinations of pupils,

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including eye examinations, may be required when deemed
necessary by school authorities. Parents are encouraged to have
their children undergo eye examinations at the same points in
time required for health examinations.
(1.5) In compliance with rules adopted by the Department of
Public Health and except as otherwise provided in this Section,
all children in kindergarten and the second and sixth grades of
any public, private, or parochial school shall have a dental
examination. Each of these children shall present proof of
having been examined by a dentist in accordance with this
Section and rules adopted under this Section before May 15th of
the school year. If a child in the second or sixth grade fails
to present proof by May 15th, the school may hold the child's
report card until one of the following occurs: (i) the child
presents proof of a completed dental examination or (ii) the
child presents proof that a dental examination will take place
within 60 days after May 15th. The Department of Public Health
shall establish, by rule, a waiver for children who show an
undue burden or a lack of access to a dentist. Each public,
private, and parochial school must give notice of this dental
examination requirement to the parents and guardians of
students at least 60 days before May 15th of each school year.
(1.10) Except as otherwise provided in this Section, all
children enrolling in kindergarten in a public, private, or
parochial school on or after the effective date of this
amendatory Act of the 95th General Assembly and any student

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enrolling for the first time in a public, private, or parochial
school on or after the effective date of this amendatory Act of
the 95th General Assembly shall have an eye examination. Each
of these children shall present proof of having been examined
by a physician licensed to practice medicine in all of its
branches or a licensed optometrist within the previous year, in
accordance with this Section and rules adopted under this
Section, before October 15th of the school year. If the child
fails to present proof by October 15th, the school may hold the
child's report card until one of the following occurs: (i) the
child presents proof of a completed eye examination or (ii) the
child presents proof that an eye examination will take place
within 60 days after October 15th. The Department of Public
Health shall establish, by rule, a waiver for children who show
an undue burden or a lack of access to a physician licensed to
practice medicine in all of its branches who provides eye
examinations or to a licensed optometrist. Each public,
private, and parochial school must give notice of this eye
examination requirement to the parents and guardians of
students in compliance with rules of the Department of Public
Health. Nothing in this Section shall be construed to allow a
school to exclude a child from attending because of a parent's
or guardian's failure to obtain an eye examination for the
child.
(2) The Department of Public Health shall promulgate rules
and regulations specifying the examinations and procedures

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that constitute a health examination, which shall include the
collection of data relating to obesity (including at a minimum,
date of birth, gender, height, weight, blood pressure, and date
of exam), and a dental examination and may recommend by rule
that certain additional examinations be performed. The rules
and regulations of the Department of Public Health shall
specify that a tuberculosis skin test screening shall be
included as a required part of each health examination included
under this Section if the child resides in an area designated
by the Department of Public Health as having a high incidence
of tuberculosis. The Department of Public Health shall specify
that a diabetes screening as defined by rule shall be included
as a required part of each health examination. Diabetes testing
is not required.
Physicians licensed to practice medicine in all of its
branches, advanced practice nurses who have a written
collaborative agreement with a collaborating physician which
authorizes them to perform health examinations, or physician
assistants who have been delegated the performance of health
examinations by their supervising physician shall be
responsible for the performance of the health examinations,
other than dental examinations, eye examinations, and vision
and hearing screening, and shall sign all report forms required
by subsection (4) of this Section that pertain to those
portions of the health examination for which the physician,
advanced practice nurse, or physician assistant is

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responsible. If a registered nurse performs any part of a
health examination, then a physician licensed to practice
medicine in all of its branches must review and sign all
required report forms. Licensed dentists shall perform all
dental examinations and shall sign all report forms required by
subsection (4) of this Section that pertain to the dental
examinations. Physicians licensed to practice medicine in all
its branches or licensed optometrists shall perform all eye
examinations required by this Section and shall sign all report
forms required by subsection (4) of this Section that pertain
to the eye examination. For purposes of this Section, an eye
examination shall at a minimum include history, visual acuity,
subjective refraction to best visual acuity near and far,
internal and external examination, and a glaucoma evaluation,
as well as any other tests or observations that in the
professional judgment of the doctor are necessary. Vision and
hearing screening tests, which shall not be considered
examinations as that term is used in this Section, shall be
conducted in accordance with rules and regulations of the
Department of Public Health, and by individuals whom the
Department of Public Health has certified. In these rules and
regulations, the Department of Public Health shall require that
individuals conducting vision screening tests give a child's
parent or guardian written notification, before the vision
screening is conducted, that states, "Vision screening is not a
substitute for a complete eye and vision evaluation by an eye

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doctor. Your child is not required to undergo this vision
screening if an optometrist or ophthalmologist has completed
and signed a report form indicating that an examination has
been administered within the previous 12 months."
(3) Every child shall, at or about the same time as he or
she receives a health examination required by subsection (1) of
this Section, present to the local school proof of having
received such immunizations against preventable communicable
diseases as the Department of Public Health shall require by
rules and regulations promulgated pursuant to this Section and
the Communicable Disease Prevention Act.
(4) The individuals conducting the health examination,
dental examination, or eye examination shall record the fact of
having conducted the examination, and such additional
information as required, including for a health examination
data relating to obesity (including at a minimum, date of
birth, gender, height, weight, blood pressure, and date of
exam), on uniform forms which the Department of Public Health
and the State Board of Education shall prescribe for statewide
use. The examiner shall summarize on the report form any
condition that he or she suspects indicates a need for special
services, including for a health examination factors relating
to obesity. The individuals confirming the administration of
required immunizations shall record as indicated on the form
that the immunizations were administered.
(5) If a child does not submit proof of having had either

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the health examination or the immunization as required, then
the child shall be examined or receive the immunization, as the
case may be, and present proof by October 15 of the current
school year, or by an earlier date of the current school year
established by a school district. To establish a date before
October 15 of the current school year for the health
examination or immunization as required, a school district must
give notice of the requirements of this Section 60 days prior
to the earlier established date. If for medical reasons one or
more of the required immunizations must be given after October
15 of the current school year, or after an earlier established
date of the current school year, then the child shall present,
by October 15, or by the earlier established date, a schedule
for the administration of the immunizations and a statement of
the medical reasons causing the delay, both the schedule and
the statement being issued by the physician, advanced practice
nurse, physician assistant, registered nurse, or local health
department that will be responsible for administration of the
remaining required immunizations. If a child does not comply by
October 15, or by the earlier established date of the current
school year, with the requirements of this subsection, then the
local school authority shall exclude that child from school
until such time as the child presents proof of having had the
health examination as required and presents proof of having
received those required immunizations which are medically
possible to receive immediately. During a child's exclusion

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from school for noncompliance with this subsection, the child's
parents or legal guardian shall be considered in violation of
Section 26-1 and subject to any penalty imposed by Section
26-10. This subsection (5) does not apply to dental
examinations and eye examinations. Until June 30, 2012, if the
student is an out-of-state transfer student and does not have
the proof required under this subsection (5) before October 15
of the current year or whatever date is set by the school
district, then he or she may only attend classes (i) if he or
she has proof that an appointment for the required vaccinations
has been scheduled with a party authorized to submit proof of
the required vaccinations. If the proof of vaccination required
under this subsection (5) is not submitted within 30 days after
the student is permitted to attend classes, then the student is
not to be permitted to attend classes until proof of the
vaccinations has been properly submitted. No school district or
employee of a school district shall be held liable for any
injury or illness to another person that results from admitting
an out-of-state transfer student to class that has an
appointment scheduled pursuant to this subsection (5).
(6) Every school shall report to the State Board of
Education by November 15, in the manner which that agency shall
require, the number of children who have received the necessary
immunizations and the health examination (other than a dental
examination or eye examination) as required, indicating, of
those who have not received the immunizations and examination

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as required, the number of children who are exempt from health
examination and immunization requirements on religious or
medical grounds as provided in subsection (8). Every school
shall report to the State Board of Education by June 30, in the
manner that the State Board requires, the number of children
who have received the required dental examination, indicating,
of those who have not received the required dental examination,
the number of children who are exempt from the dental
examination on religious grounds as provided in subsection (8)
of this Section and the number of children who have received a
waiver under subsection (1.5) of this Section. Every school
shall report to the State Board of Education by June 30, in the
manner that the State Board requires, the number of children
who have received the required eye examination, indicating, of
those who have not received the required eye examination, the
number of children who are exempt from the eye examination as
provided in subsection (8) of this Section, the number of
children who have received a waiver under subsection (1.10) of
this Section, and the total number of children in noncompliance
with the eye examination requirement. This reported
information shall be provided to the Department of Public
Health by the State Board of Education.
(7) Upon determining that the number of pupils who are
required to be in compliance with subsection (5) of this
Section is below 90% of the number of pupils enrolled in the
school district, 10% of each State aid payment made pursuant to

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Section 18-8.05 to the school district for such year may be
withheld by the State Board of Education until the number of
students in compliance with subsection (5) is the applicable
specified percentage or higher.
(8) Parents or legal guardians who object to health,
dental, or eye examinations or any part thereof, or to
immunizations, on religious grounds shall not be required to
submit their children or wards to the examinations or
immunizations to which they so object if such parents or legal
guardians present to the appropriate local school authority a
signed statement of objection, detailing the grounds for the
objection. If the physical condition of the child is such that
any one or more of the immunizing agents should not be
administered, the examining physician, advanced practice
nurse, or physician assistant responsible for the performance
of the health examination shall endorse that fact upon the
health examination form. Exempting a child from the health,
dental, or eye examination does not exempt the child from
participation in the program of physical education training
provided in Sections 27-5 through 27-7 of this Code.
(9) For the purposes of this Section, "nursery schools"
means those nursery schools operated by elementary school
systems or secondary level school units or institutions of
higher learning.
(Source: P.A. 95-331, eff. 8-21-07; 95-422, eff. 8-24-07;
95-496, eff. 8-28-07; 95-671, eff. 1-1-08; 95-737, eff.

HB1682 - 26 - LRB097 09151 CEL 49286 b
7-16-08; 95-876, eff. 8-21-08; 96-953, eff. 6-28-10.)
Section 15. The Ambulatory Surgical Treatment Center Act is
amended by changing Section 6.5 as follows:
(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
podiatrist licensed under the Podiatric Medical 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 podiatrist may be assisted by a
physician licensed to practice medicine in all its branches,
dentist, dental assistant, podiatrist, licensed advanced
practice nurse, licensed physician assistant, licensed
registered nurse, licensed practical nurse, surgical
assistant, surgical technician, or other individuals granted

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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
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

HB1682 - 28 - LRB097 09151 CEL 49286 b
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
podiatrist.
(A) The individuals who, with clinical privileges
granted by the medical staff and ASTC, 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 podiatrist licensed under the Podiatric

HB1682 - 29 - LRB097 09151 CEL 49286 b
Medical Practice Act of 1987.
(B) (Blank). 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
Section 65-35 of the Nurse Practice Act to provide
anesthesia services ordered by a licensed physician,
dentist, or 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

HB1682 - 30 - LRB097 09151 CEL 49286 b
privileges, agreed with by the operating physician,
operating dentist, or operating 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.)
Section 20. The Illinois Clinical Laboratory and Blood Bank
Act is amended by changing Section 7-101 as follows:
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
Sec. 7-101. Examination of specimens. A clinical
laboratory shall examine specimens only at the request of (i) a
licensed physician, (ii) a licensed dentist, (iii) a licensed
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, or (vi) an authorized law enforcement agency or, in the
case of blood alcohol, at the request of the individual for

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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. 95-639, eff. 10-5-07; 96-1313, eff. 7-27-10;
revised 9-27-10.)
Section 25. The Hospital Licensing Act is amended by
changing Section 10.7 as follows:
(210 ILCS 85/10.7)
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

HB1682 - 32 - LRB097 09151 CEL 49286 b
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
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 podiatrist may be assisted by a physician licensed
to practice medicine in all its branches, dentist, dental
assistant, 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.
(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.

HB1682 - 33 - LRB097 09151 CEL 49286 b
(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.
(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
podiatrist.

HB1682 - 34 - LRB097 09151 CEL 49286 b
(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 podiatrist licensed under the Podiatric
Medical Practice Act of 1987.
(B) (Blank). 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 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.

HB1682 - 35 - LRB097 09151 CEL 49286 b
(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 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 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.)
Section 30. The Illinois Insurance Code is amended by
changing Sections 356g.5 and 356z.1 as follows:
(215 ILCS 5/356g.5)
Sec. 356g.5. Clinical breast exam.
(a) The General Assembly finds that clinical breast
examinations are a critical tool in the early detection of
breast cancer, while the disease is in its earlier and
potentially more treatable stages. Insurer reimbursement of

HB1682 - 36 - LRB097 09151 CEL 49286 b
clinical breast examinations is essential to the effort to
reduce breast cancer deaths in Illinois.
(b) Every insurer shall provide, in each group or
individual policy, contract, or certificate of accident or
health insurance issued or renewed for persons who are
residents of Illinois, coverage for complete and thorough
clinical breast examinations as indicated by guidelines of
practice, performed by a physician licensed to practice
medicine in all its branches, an advanced practice nurse who
has a collaborative agreement with a collaborating physician
that authorizes breast examinations, or a physician assistant
who has been delegated authority to provide breast
examinations, to check for lumps and other changes for the
purpose of early detection and prevention of breast cancer as
follows:
(1) at least every 3 years for women at least 20 years
of age but less than 40 years of age; and
(2) annually for women 40 years of age or older.
(c) Upon approval of a nationally recognized separate and
distinct clinical breast exam code that is compliant with all
State and federal laws, rules, and regulations, public and
private insurance plans shall take action to cover clinical
breast exams on a separate and distinct basis.
(Source: P.A. 95-189, eff. 8-16-07.)
(215 ILCS 5/356z.1)

HB1682 - 37 - LRB097 09151 CEL 49286 b
Sec. 356z.1. Prenatal HIV testing. An individual or group
policy of accident and health insurance that provides maternity
coverage and is amended, delivered, issued, or renewed after
the effective date of this amendatory Act of the 92nd General
Assembly must provide coverage for prenatal HIV testing ordered
by an attending physician licensed to practice medicine in all
its branches, or by a physician assistant or advanced practice
registered nurse who has a written collaborative agreement with
a collaborating physician that authorizes these services,
including but not limited to orders consistent with the
recommendations of the American College of Obstetricians and
Gynecologists or the American Academy of Pediatrics.
(Source: P.A. 92-130, eff. 7-20-01.)
Section 35. The Illinois Dental Practice Act is amended by
changing Section 8.1 as follows:
(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8.1. Permit for the administration of anesthesia and
sedation.
(a) No licensed dentist shall administer general
anesthesia, deep sedation, or conscious sedation without first
applying for and obtaining a permit for such purpose from the
Department. The Department shall issue such permit only after
ascertaining that the applicant possesses the minimum

HB1682 - 38 - LRB097 09151 CEL 49286 b
qualifications necessary to protect public safety. A person
with a dental degree who administers anesthesia, deep sedation,
or conscious sedation in an approved hospital training program
under the supervision of either a licensed dentist holding such
permit or a physician licensed to practice medicine in all its
branches shall not be required to obtain such permit.
(b) In determining the minimum permit qualifications that
are necessary to protect public safety, the Department, by
rule, shall:
(1) establish the minimum educational and training
requirements necessary for a dentist to be issued an
appropriate permit;
(2) establish the standards for properly equipped
dental facilities (other than licensed hospitals and
ambulatory surgical treatment centers) in which general
anesthesia, deep sedation, or conscious sedation is
administered, as necessary to protect public safety;
(3) establish minimum requirements for all persons who
assist the dentist in the administration of general
anesthesia, deep sedation, or conscious sedation,
including minimum training requirements for each member of
the dental team, monitoring requirements, recordkeeping
requirements, and emergency procedures; and
(4) ensure that the dentist and all persons assisting
the dentist or monitoring the administration of general
anesthesia, deep sedation, or conscious sedation maintain

HB1682 - 39 - LRB097 09151 CEL 49286 b
current certification in Basic Life Support (BLS).
(5) establish continuing education requirements in
sedation techniques for dentists who possess a permit under
this Section.
When establishing requirements under this Section, the
Department shall consider the current American Dental
Association guidelines on sedation and general anesthesia, the
current "Guidelines for Monitoring and Management of Pediatric
Patients During and After Sedation for Diagnostic and
Therapeutic Procedures" established by the American Academy of
Pediatrics and the American Academy of Pediatric Dentistry, and
the current parameters of care and Office Anesthesia Evaluation
(OAE) Manual established by the American Association of Oral
and Maxillofacial Surgeons.
(c) (Blank). A licensed dentist must hold an appropriate
permit issued under this Section in order to perform dentistry
while a nurse anesthetist administers conscious sedation, and a
valid written collaborative agreement must exist between the
dentist and the nurse anesthetist, in accordance with the Nurse
Practice Act.
A licensed dentist must hold an appropriate permit issued
under this Section in order to perform dentistry while a nurse
anesthetist administers deep sedation or general anesthesia,
and a valid written collaborative agreement must exist between
the dentist and the nurse anesthetist, in accordance with the
Nurse Practice Act.

HB1682 - 40 - LRB097 09151 CEL 49286 b
For the purposes of this subsection (c), "nurse
anesthetist" means a licensed certified registered nurse
anesthetist who holds a license as an advanced practice nurse.
(Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328,
eff. 8-11-09.)
Section 37. The Medical Practice Act of 1987 is amended by
changing Sections 22 and 54.5 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on November 30, 2011)
(Text of Section WITH the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probationary status, refuse to renew, or take any other
disciplinary action as the Department may deem proper with
regard to the license or visiting professor permit of any
person issued under this Act to practice medicine, or to treat
human ailments without the use of drugs and without operative
surgery upon any of the following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital

HB1682 - 41 - LRB097 09151 CEL 49286 b
Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and enforce
standards for the ambulatory surgical treatment
centers, hospitalization, or care facilities under its
management and control;
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a wilful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed.
(3) The conviction of a felony in this or any other
jurisdiction, except as otherwise provided in subsection B
of this Section, whether or not related to practice under
this Act, or the entry of a guilty or nolo contendere plea
to a felony charge.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or

HB1682 - 42 - LRB097 09151 CEL 49286 b
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any
other substances which results in the inability to practice
with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Disciplinary action of another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence

HB1682 - 43 - LRB097 09151 CEL 49286 b
thereof.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action of
the Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Disciplinary Board that
the registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for any

HB1682 - 44 - LRB097 09151 CEL 49286 b
human condition by a method, means or procedure which the
licensee refuses to divulge upon demand of the Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Wilfully making or filing false records or reports
in his or her practice as a physician, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or wilfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.

HB1682 - 45 - LRB097 09151 CEL 49286 b
(25) Gross and wilful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Wilfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.

HB1682 - 46 - LRB097 09151 CEL 49286 b
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra, as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer
review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of a
license or authorization to practice as a medical doctor, a
doctor of osteopathy, a doctor of osteopathic medicine, or
doctor of chiropractic in another state or jurisdiction, or
surrender of membership on any medical staff or in any
medical or professional association or society, while
under disciplinary investigation by any of those
authorities or bodies, for acts or conduct similar to acts
or conduct which would constitute grounds for action as
defined in this Section.

HB1682 - 47 - LRB097 09151 CEL 49286 b
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) (Blank). Entering into an excessive number of
written collaborative agreements with licensed advanced
practice nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice nurse.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,

HB1682 - 48 - LRB097 09151 CEL 49286 b
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred or a report pursuant to Section 23 of this Act
received within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of

HB1682 - 49 - LRB097 09151 CEL 49286 b
disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Medical Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;

HB1682 - 50 - LRB097 09151 CEL 49286 b
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary Board,
upon a showing of a possible violation, may compel any
individual licensed to practice under this Act, or who has
applied for licensure or a permit pursuant to this Act, to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The examining
physician or physicians shall be those specifically designated
by the Disciplinary Board. The Medical Disciplinary Board or
the Department may order the examining physician to present
testimony concerning this 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
communication between the licensee or applicant and the
examining physician. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
individual to submit to mental or physical examination, when

HB1682 - 51 - LRB097 09151 CEL 49286 b
directed, shall be grounds for suspension of his or her license
until such time as the individual submits to the examination if
the Disciplinary Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause. If the Disciplinary Board finds a physician unable to
practice because of the reasons set forth in this Section, the
Disciplinary Board shall require such physician to submit to
care, counseling, or treatment by physicians approved or
designated by the Disciplinary Board, as a condition for
continued, reinstated, or renewed licensure to practice. Any
physician, whose license was granted pursuant to Sections 9,
17, or 19 of this Act, or, continued, reinstated, renewed,
disciplined or supervised, subject to such terms, conditions or
restrictions who shall fail to comply with such terms,
conditions or restrictions, or to complete a required program
of care, counseling, or treatment, as determined by the Chief
Medical Coordinator or Deputy Medical Coordinators, shall be
referred to the Secretary for a determination as to whether the
licensee shall have their license suspended immediately,
pending a hearing by the Disciplinary Board. In instances in
which the Secretary immediately suspends a license under this
Section, a hearing upon such person's license must be convened
by the Disciplinary Board within 15 days after such suspension
and completed without appreciable delay. The Disciplinary
Board shall have the authority to review the subject
physician's record of treatment and counseling regarding the

HB1682 - 52 - LRB097 09151 CEL 49286 b
impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Medical
Disciplinary Fund.
(B) The Department shall revoke the license or visiting
permit of any person issued under this Act to practice medicine
or to treat human ailments without the use of drugs and without
operative surgery, who has been convicted a second time of
committing any felony under the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, or who has been convicted a second time of committing a
Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
Public Aid Code. A person whose license or visiting permit is
revoked under this subsection B of Section 22 of this Act shall

HB1682 - 53 - LRB097 09151 CEL 49286 b
be prohibited from practicing medicine or treating human
ailments without the use of drugs and without operative
surgery.
(C) The Medical Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 94-566, eff. 9-11-05; 94-677, eff. 8-25-05;
95-331, eff. 8-21-07; 96-608, eff. 8-24-09; 96-1000, eff.
7-2-10.)
(Text of Section WITHOUT the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probationary status, or take any other disciplinary action as
the Department may deem proper with regard to the license or
visiting professor permit of any person issued under this Act
to practice medicine, or to treat human ailments without the
use of drugs and without operative surgery upon any of the

HB1682 - 54 - LRB097 09151 CEL 49286 b
following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and enforce
standards for the ambulatory surgical treatment
centers, hospitalization, or care facilities under its
management and control;
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a wilful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed.
(3) The conviction of a felony in this or any other

HB1682 - 55 - LRB097 09151 CEL 49286 b
jurisdiction, except as otherwise provided in subsection B
of this Section, whether or not related to practice under
this Act, or the entry of a guilty or nolo contendere plea
to a felony charge.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any
other substances which results in the inability to practice
with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.

HB1682 - 56 - LRB097 09151 CEL 49286 b
(12) Disciplinary action of another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action of
the Director, after consideration of the recommendation of
the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Disciplinary Board that
the registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,

HB1682 - 57 - LRB097 09151 CEL 49286 b
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for any
human condition by a method, means or procedure which the
licensee refuses to divulge upon demand of the Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Wilfully making or filing false records or reports
in his or her practice as a physician, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or wilfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the

HB1682 - 58 - LRB097 09151 CEL 49286 b
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and wilful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.

HB1682 - 59 - LRB097 09151 CEL 49286 b
(30) Wilfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer
review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of a
license or authorization to practice as a medical doctor, a
doctor of osteopathy, a doctor of osteopathic medicine, or
doctor of chiropractic in another state or jurisdiction, or
surrender of membership on any medical staff or in any

HB1682 - 60 - LRB097 09151 CEL 49286 b
medical or professional association or society, while
under disciplinary investigation by any of those
authorities or bodies, for acts or conduct similar to acts
or conduct which would constitute grounds for action as
defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) (Blank). Entering into an excessive number of
written collaborative agreements with licensed advanced
practice nurses resulting in an inability to adequately

HB1682 - 61 - LRB097 09151 CEL 49286 b
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice nurse.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 3 years next after
receipt by the Department of a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein. Except for the grounds numbered (8), (9)
and (29), no action shall be commenced more than 5 years after
the date of the incident or act alleged to have violated this
Section. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of one year from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.

HB1682 - 62 - LRB097 09151 CEL 49286 b
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Medical Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission

HB1682 - 63 - LRB097 09151 CEL 49286 b
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary Board,
upon a showing of a possible violation, may compel any
individual licensed to practice under this Act, or who has
applied for licensure or a permit pursuant to this Act, to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The examining
physician or physicians shall be those specifically designated
by the Disciplinary Board. The Medical Disciplinary Board or
the Department may order the examining physician to present
testimony concerning this 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
communication between the licensee or applicant and the
examining physician. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
individual to submit to mental or physical examination, when
directed, shall be grounds for suspension of his or her license

HB1682 - 64 - LRB097 09151 CEL 49286 b
until such time as the individual submits to the examination if
the Disciplinary Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause. If the Disciplinary Board finds a physician unable to
practice because of the reasons set forth in this Section, the
Disciplinary Board shall require such physician to submit to
care, counseling, or treatment by physicians approved or
designated by the Disciplinary Board, as a condition for
continued, reinstated, or renewed licensure to practice. Any
physician, whose license was granted pursuant to Sections 9,
17, or 19 of this Act, or, continued, reinstated, renewed,
disciplined or supervised, subject to such terms, conditions or
restrictions who shall fail to comply with such terms,
conditions or restrictions, or to complete a required program
of care, counseling, or treatment, as determined by the Chief
Medical Coordinator or Deputy Medical Coordinators, shall be
referred to the Director for a determination as to whether the
licensee shall have their license suspended immediately,
pending a hearing by the Disciplinary Board. In instances in
which the Director immediately suspends a license under this
Section, a hearing upon such person's license must be convened
by the Disciplinary Board within 15 days after such suspension
and completed without appreciable delay. The Disciplinary
Board shall have the authority to review the subject
physician's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal

HB1682 - 65 - LRB097 09151 CEL 49286 b
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $5,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Medical
Disciplinary Fund.
(B) The Department shall revoke the license or visiting
permit of any person issued under this Act to practice medicine
or to treat human ailments without the use of drugs and without
operative surgery, who has been convicted a second time of
committing any felony under the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, or who has been convicted a second time of committing a
Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
Public Aid Code. A person whose license or visiting permit is
revoked under this subsection B of Section 22 of this Act shall
be prohibited from practicing medicine or treating human

HB1682 - 66 - LRB097 09151 CEL 49286 b
ailments without the use of drugs and without operative
surgery.
(C) The Medical Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 94-566, eff. 9-11-05; 95-331, eff. 8-21-07;
96-608, eff. 8-24-09; 96-1000, eff. 7-2-10.)
(225 ILCS 60/54.5)
(Section scheduled to be repealed on November 30, 2011)
Sec. 54.5. Physician delegation of authority to physician
assistants and advanced practice nurses.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of 1987. A
physician licensed to practice medicine in all its branches may
enter into supervising physician agreements with no more than 2
physician assistants.

HB1682 - 67 - LRB097 09151 CEL 49286 b
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate and
consult with an advanced practice nurse in accordance with the
requirements of the Nurse Practice Act. Collaboration is for
the purpose of providing medical consultation, and no
employment relationship is required. A written collaborative
agreement shall conform to the requirements of Section 65-35 of
the Nurse Practice Act. The written collaborative agreement
shall be for services the collaborating physician generally
provides to his or her patients in the normal course of
clinical medical practice. A written collaborative agreement
shall be adequate with respect to collaboration with 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
those procedures that require a physician'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 physician, as needed, based on the practice
of the practitioners. Such guidelines and orders and the
patient services provided thereunder are periodically

HB1682 - 68 - LRB097 09151 CEL 49286 b
reviewed by the collaborating physician.
(3) The advance practice nurse provides services the
collaborating physician generally provides to his or her
patients in the normal course of clinical practice, except
as set forth in subsection (b-5) of this Section. With
respect to labor and delivery, the collaborating physician
must provide delivery services in order to participate with
a certified nurse midwife.
(4) The collaborating physician and advanced practice
nurse meet in person at least once a month to provide
collaboration and consultation.
(5) Methods of communication are available with the
collaborating physician in person or through
telecommunications for consultation, collaboration, and
referral as needed to address patient care needs.
(6) 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-5) (Blank). An anesthesiologist or physician licensed
to practice medicine in all its branches may collaborate with a
certified registered nurse anesthetist in accordance with
Section 65-35 of the Nurse Practice Act for the provision of
anesthesia services. With respect to the provision of
anesthesia services, the collaborating anesthesiologist or
physician shall have training and experience in the delivery of

HB1682 - 69 - LRB097 09151 CEL 49286 b
anesthesia services consistent with Department rules.
Collaboration shall be adequate if:
(1) an anesthesiologist or a physician participates in
the joint formulation and joint approval of orders or
guidelines and periodically reviews such orders and the
services provided patients under such orders; and
(2) for anesthesia services, the anesthesiologist or
physician participates through discussion of and agreement
with the anesthesia plan and is physically present and
available on the premises during the delivery of anesthesia
services for diagnosis, consultation, and treatment of
emergency medical conditions. Anesthesia services in a
hospital shall be conducted in accordance with Section 10.7
of the Hospital Licensing Act and in an ambulatory surgical
treatment center in accordance with Section 6.5 of the
Ambulatory Surgical Treatment Center Act.
(b-10) (Blank). The anesthesiologist or operating
physician must agree with the anesthesia plan prior to the
delivery of services.
(c) The supervising physician shall have access to the
medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to the
medical records of all patients attended to by an advanced
practice nurse.
(d) (Blank).
(e) A physician shall not be liable for the acts or

HB1682 - 70 - LRB097 09151 CEL 49286 b
omissions of a physician assistant or advanced practice nurse
solely on the basis of having signed a supervision agreement or
guidelines for a physician assistant or providing consultation
and collaboration with an advanced practice nurse, issuing or a
collaborative agreement, an order, a standing medical order, a
standing delegation order, or other order or guideline
authorizing a physician assistant or advanced practice nurse to
perform acts, unless the physician has reason to believe the
physician assistant or advanced practice nurse lacked the
competency to perform the act or acts or commits willful and
wanton misconduct.
(Source: P.A. 95-639, eff. 10-5-07; 96-618, eff. 1-1-10.)
Section 40. The Nurse Practice Act is amended by changing
Sections 50-10, 65-30, 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
the calendar year.

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"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 speciality
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
consisting of activities that have educational objectives,

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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
license-pending registered nurse shall use the title "RN lic

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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.
"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, 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
credentialing process.
"Registered Nurse" or "Registered Professional Nurse"

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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 specialities 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
podiatrist, or a licensed optometrist or as prescribed by a
physician assistant in accordance with written guidelines
required under the Physician Assistant Practice Act of 1987 or
by an advanced practice nurse in accordance with Article 65 of

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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 podiatrist pursuant to
Section 65-35.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/65-30)
(Section scheduled to be repealed on January 1, 2018)

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Sec. 65-30. APN scope of practice.
(a) Advanced practice nursing by certified nurse
practitioners, certified nurse anesthetists, certified nurse
midwives, or clinical nurse specialists is based on knowledge
and skills acquired throughout an advanced practice nurse's
nursing education, training, and experience.
(b) Practice as an advanced practice nurse means a scope of
nursing practice, with or without compensation, and includes
the registered nurse scope of practice.
(c) The scope of practice of an advanced practice nurse
includes, but is not limited to, each of the following:
(1) Advanced nursing patient assessment and diagnosis.
(2) Ordering diagnostic and therapeutic tests and
procedures, performing those tests and procedures when using
health care equipment, and interpreting and using the results
of diagnostic and therapeutic tests and procedures ordered by
the advanced practice nurse or another health care
professional.
(3) Ordering treatments, ordering or applying
appropriate medical devices, and using nursing medical,
therapeutic, and corrective measures to treat illness and
improve health status.
(4) Providing palliative and end-of-life care.
(5) Providing advanced counseling, patient education,
health education, and patient advocacy.
(6) Prescriptive authority as defined in Section 65-40

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of this Act.
(7) Delegating selected nursing activities or tasks to
a licensed practical nurse, a registered professional nurse, or
other personnel.
(8) Collaboration and consultation with or referral to
a physician or other appropriate health-care professional for
patient care needs that exceed the APN's scope of practice,
education, or experience.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 65/65-40) (was 225 ILCS 65/15-20)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-40. Prescriptive authority.
(a) As part of the professional scope of advanced practice
nursing, an APN possesses prescriptive authority appropriate
to his or her specialty, scope of practice, education, and
experience. Such prescriptive authority shall A collaborating
physician or 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

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preparations, including, but not limited to, botanical and
herbal remedies. The collaborating physician or podiatrist
must have a valid current Illinois controlled substance license
and federal registration to delegate authority to prescribe
delegated controlled substances.
(b) (Blank). 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 podiatrist.
(c) (Blank). The collaborating physician or 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) (Blank). In addition to the requirements of subsections
(a), (b), and (c) of this Section, a collaborating physician
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) No more than 5 Schedule II controlled substances by
oral dosage may be delegated.

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(2) Any delegation must be controlled substances that
the collaborating physician prescribes.
(3) Any prescription must be limited to no more than a
30-day oral dosage, with any continuation authorized only
after prior approval of the collaborating physician.
(4) The advanced practice nurse must discuss the
condition of any patients for whom a controlled substance
is prescribed monthly with the delegating physician.
(e) (Blank). 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.
(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09.)
(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 or
ambulatory surgical treatment centers.
(a) An advanced practice nurse may provide services in a
licensed hospital or a licensed ambulatory surgical treatment
center without prescriptive authority or 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

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services in a licensed hospital or a licensed ambulatory
surgical treatment center. The medical staff or consulting
medical staff committee shall periodically review the services
of advanced practice nurses granted clinical privileges.
Authority may also be granted to individual advanced practice
nurses to select, order, and administer medications, including
controlled substances, to provide delineated care. 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-5) (Blank). For anesthesia services provided by a
certified registered nurse anesthetist, an anesthesiologist,
physician, dentist, or 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,
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

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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. 95-639, eff. 10-5-07.)
(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
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) (blank); publication of the person's collaborating
physician's, dentist's, or podiatrist's name, title, and

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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
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

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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.
(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:

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(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
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.

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(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
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

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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
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.

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(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.
(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.

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(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
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) (Blank). Exceeding the terms of a collaborative

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agreement or the prescriptive authority delegated to a
licensee by his or her collaborating physician or
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
regulations relating to controlled substances.
(36) Willfully or negligently violating the
confidentiality between an advanced practice nurse,
collaborating physician, dentist, or 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

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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
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

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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
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

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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
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 45. The Illinois Occupational Therapy Practice Act
is amended by changing Section 3.1 as follows:
(225 ILCS 75/3.1)

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(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, podiatrist, 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 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
occupational therapist.
(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03; 93-962,
eff. 8-20-04.)
Section 50. The Pharmacy Practice Act is amended by
changing Section 4 as follows:
(225 ILCS 85/4) (from Ch. 111, par. 4124)

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(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, 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
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

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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
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

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Substances Act, in accordance with a written supervision
agreement; and
(g) (Blank). the delegation of prescriptive authority by a
physician licensed to practice medicine in all its branches or
a licensed 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.)
Section 55. The Illinois Physical Therapy Act is amended by
changing Section 1 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

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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,
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
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

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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
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
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

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physical therapy services for a patient by a physician,
dentist, advanced practice nurse, physician assistant, or
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,
advanced practice nurse, physician assistant, or 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 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.

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(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 as
an advanced practice nurse under the Nurse Practice Act who has
a collaborative agreement with a collaborating physician that
authorizes referrals to 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.)
Section 60. The Respiratory Care Practice Act is amended by
changing Section 10 as follows:
(225 ILCS 106/10)
(Section scheduled to be repealed on January 1, 2016)
Sec. 10. Definitions. In this Act:
"Advanced practice nurse" means an advanced practice nurse
licensed under the Nurse Practice Act.
"Board" means the Respiratory Care Board appointed by the
Director.
"Basic respiratory care activities" means and includes all
of the following activities:
(1) Cleaning, disinfecting, and sterilizing equipment

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used in the practice of respiratory care as delegated by a
licensed health care professional or other authorized
licensed personnel.
(2) Assembling equipment used in the practice of
respiratory care as delegated by a licensed health care
professional or other authorized licensed personnel.
(3) Collecting and reviewing patient data through
non-invasive means, provided that the collection and
review does not include the individual's interpretation of
the clinical significance of the data. Collecting and
reviewing patient data includes the performance of pulse
oximetry and non-invasive monitoring procedures in order
to obtain vital signs and notification to licensed health
care professionals and other authorized licensed personnel
in a timely manner.
(4) Maintaining a nasal cannula or face mask for oxygen
therapy in the proper position on the patient's face.
(5) Assembling a nasal cannula or face mask for oxygen
therapy at patient bedside in preparation for use.
(6) Maintaining a patient's natural airway by
physically manipulating the jaw and neck, suctioning the
oral cavity, or suctioning the mouth or nose with a bulb
syringe.
(7) Performing assisted ventilation during emergency
resuscitation using a manual resuscitator.
(8) Using a manual resuscitator at the direction of a

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licensed health care professional or other authorized
licensed personnel who is present and performing routine
airway suctioning. These activities do not include care of
a patient's artificial airway or the adjustment of
mechanical ventilator settings while a patient is
connected to the ventilator.
"Basic respiratory care activities" does not mean activities
that involve any of the following:
(1) Specialized knowledge that results from a course of
education or training in respiratory care.
(2) An unreasonable risk of a negative outcome for the
patient.
(3) The assessment or making of a decision concerning
patient care.
(4) The administration of aerosol medication or
oxygen.
(5) The insertion and maintenance of an artificial
airway.
(6) Mechanical ventilatory support.
(7) Patient assessment.
(8) Patient education.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Licensed" means that which is required to hold oneself out
as a respiratory care practitioner as defined in this Act.

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"Licensed health care professional" means a physician
licensed to practice medicine in all its branches, an advanced
practice nurse who has a written collaborative agreement with a
collaborating physician that authorizes the advanced practice
nurse to transmit orders to a respiratory care practitioner, or
a physician assistant who has been delegated the authority to
transmit orders to a respiratory care practitioner by his or
her supervising physician.
"Order" means a written, oral, or telecommunicated
authorization for respiratory care services for a patient by
(i) a licensed health care professional 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 respiratory care practitioner or (ii) a certified registered
nurse anesthetist in a licensed hospital or ambulatory surgical
treatment center.
"Other authorized licensed personnel" means a licensed
respiratory care practitioner, a licensed registered nurse, or
a licensed practical nurse whose scope of practice authorizes
the professional to supervise an individual who is not
licensed, certified, or registered as a health professional.
"Proximate supervision" means a situation in which an
individual is responsible for directing the actions of another
individual in the facility and is physically close enough to be
readily available, if needed, by the supervised individual.
"Respiratory care" and "cardiorespiratory care" mean

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preventative services, evaluation and assessment services,
therapeutic services, and rehabilitative services under the
order of a licensed health care professional or a certified
registered nurse anesthetist in a licensed hospital for an
individual with a disorder, disease, or abnormality of the
cardiopulmonary system. These terms include, but are not
limited to, measuring, observing, assessing, and monitoring
signs and symptoms, reactions, general behavior, and general
physical response of individuals to respiratory care services,
including the determination of whether those signs, symptoms,
reactions, behaviors, or general physical responses exhibit
abnormal characteristics; the administration of
pharmacological and therapeutic agents related to respiratory
care services; the collection of blood specimens and other
bodily fluids and tissues for, and the performance of,
cardiopulmonary diagnostic testing procedures, including, but
not limited to, blood gas analysis; development,
implementation, and modification of respiratory care treatment
plans based on assessed abnormalities of the cardiopulmonary
system, respiratory care guidelines, referrals, and orders of a
licensed health care professional; application, operation, and
management of mechanical ventilatory support and other means of
life support; and the initiation of emergency procedures under
the rules promulgated by the Department. A respiratory care
practitioner shall refer to a physician licensed to practice
medicine in all its branches any patient whose condition, at

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the time of evaluation or treatment, is determined to be beyond
the scope of practice of the respiratory care practitioner.
"Respiratory care education program" means a course of
academic study leading to eligibility for registry or
certification in respiratory care. The training is to be
approved by an accrediting agency recognized by the Board and
shall include an evaluation of competence through a
standardized testing mechanism that is determined by the Board
to be both valid and reliable.
"Respiratory care practitioner" means a person who is
licensed by the Department of Professional Regulation and meets
all of the following criteria:
(1) The person is engaged in the practice of
cardiorespiratory care and has the knowledge and skill
necessary to administer respiratory care.
(2) The person is capable of serving as a resource to
the licensed health care professional in relation to the
technical aspects of cardiorespiratory care and the safe
and effective methods for administering cardiorespiratory
care modalities.
(3) The person is able to function in situations of
unsupervised patient contact requiring great individual
judgment.
(Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)
Section 65. The Genetic Counselor Licensing Act is amended

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by changing Sections 10, 20, and 95 as follows:
(225 ILCS 135/10)
(Section scheduled to be repealed on January 1, 2015)
Sec. 10. Definitions. As used in this Act:
"ABGC" means the American Board of Genetic Counseling.
"ABMG" means the American Board of Medical Genetics.
"Active candidate status" is awarded to applicants who have
received approval from the ABGC or ABMG to sit for their
respective certification examinations.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Genetic anomaly" means a variation in an individual's DNA
that has been shown to confer a genetically influenced disease
or predisposition to a genetically influenced disease or makes
a person a carrier of such variation. A "carrier" of a genetic
anomaly means a person who may or may not have a predisposition
or risk of incurring a genetically influenced condition and who
is at risk of having offspring with a genetically influenced
condition.
"Genetic counseling" means the provision of services,
which may include the ordering of genetic tests, pursuant to a
referral, to individuals, couples, groups, families, and
organizations by one or more appropriately trained individuals
to address the physical and psychological issues associated

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with the occurrence or risk of occurrence or recurrence of a
genetic disorder, birth defect, disease, or potentially
inherited or genetically influenced condition in an individual
or a family. "Genetic counseling" consists of the following:
(A) Estimating the likelihood of occurrence or
recurrence of a birth defect or of any potentially
inherited or genetically influenced condition. This
assessment may involve:
(i) obtaining and analyzing a complete health
history of the person and his or her family;
(ii) reviewing pertinent medical records;
(iii) evaluating the risks from exposure to
possible mutagens or teratogens;
(iv) recommending genetic testing or other
evaluations to diagnose a condition or determine the
carrier status of one or more family members;
(B) Helping the individual, family, health care
provider, or health care professional (i) appreciate the
medical, psychological and social implications of a
disorder, including its features, variability, usual
course and management options, (ii) learn how genetic
factors contribute to the disorder and affect the chance
for recurrence of the condition in other family members,
and (iii) understand available options for coping with,
preventing, or reducing the chance of occurrence or
recurrence of a condition.

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(C) Facilitating an individual's or family's (i)
exploration of the perception of risk and burden associated
with the disorder and (ii) adjustment and adaptation to the
condition or their genetic risk by addressing needs for
psychological, social, and medical support.
"Genetic counselor" means a person licensed under this Act
to engage in the practice of genetic counseling.
"Genetic testing" and "genetic test" mean a test or
analysis of human genes, gene products, DNA, RNA, chromosomes,
proteins, or metabolites that detects genotypes, mutations,
chromosomal changes, abnormalities, or deficiencies, including
carrier status, that (i) are linked to physical or mental
disorders or impairments, (ii) indicate a susceptibility to
illness, disease, impairment, or other disorders, whether
physical or mental, or (iii) demonstrate genetic or chromosomal
damage due to environmental factors. "Genetic testing" and
"genetic tests" do not include routine physical measurements;
chemical, blood and urine analyses that are widely accepted and
in use in clinical practice; tests for use of drugs; tests for
the presence of the human immunodeficiency virus; analyses of
proteins or metabolites that do not detect genotypes,
mutations, chromosomal changes, abnormalities, or
deficiencies; or analyses of proteins or metabolites that are
directly related to a manifested disease, disorder, or
pathological condition that could reasonably be detected by a
health care professional with appropriate training and

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expertise in the field of medicine involved.
"Person" means an individual, association, partnership, or
corporation.
"Qualified supervisor" means any person who is a licensed
genetic counselor, as defined by rule, or a physician licensed
to practice medicine in all its branches. A qualified
supervisor may be provided at the applicant's place of work, or
may be contracted by the applicant to provide supervision. The
qualified supervisor shall file written documentation with the
Department of employment, discharge, or supervisory control of
a genetic counselor at the time of employment, discharge, or
assumption of supervision of a genetic counselor.
"Referral" means a written or telecommunicated
authorization for genetic counseling services from a physician
licensed to practice medicine in all its branches, an advanced
practice nurse who has a collaborative agreement with a
collaborating physician that authorizes referrals to a genetic
counselor, or a physician assistant who has a supervision
agreement with a supervising physician that authorizes
referrals to a genetic counselor.
"Supervision" means review of aspects of genetic
counseling and case management in a bimonthly meeting with the
person under supervision.
(Source: P.A. 96-1313, eff. 7-27-10.)
(225 ILCS 135/20)

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(Section scheduled to be repealed on January 1, 2015)
Sec. 20. Restrictions and limitations.
(a) Beginning 12 months after the adoption of the final
administrative rules, except as provided in Section 15, no
person shall, without a valid license as a genetic counselor
issued by the Department (i) in any manner hold himself or
herself out to the public as a genetic counselor under this
Act; (ii) use in connection with his or her name or place of
business the title "genetic counselor", "licensed genetic
counselor", "gene counselor", "genetic consultant", or
"genetic associate" or any words, letters, abbreviations, or
insignia indicating or implying a person has met the
qualifications for or has the license issued under this Act; or
(iii) offer to render or render to individuals, corporations,
or the public genetic counseling services if the words "genetic
counselor" or "licensed genetic counselor" are used to describe
the person offering to render or rendering them, or "genetic
counseling" is used to describe the services rendered or
offered to be rendered.
(b) Beginning 12 months after the adoption of the final
administrative rules, no licensed genetic counselor may
provide genetic counseling to individuals, couples, groups, or
families without a referral from a physician licensed to
practice medicine in all its branches, an advanced practice
nurse who has a collaborative agreement with a collaborating
physician that authorizes referrals to a genetic counselor, or

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a physician assistant who has been delegated authority to make
referrals to genetic counselors. The physician, advanced
practice nurse, or physician assistant shall maintain
supervision of the patient and be provided timely written
reports on the services, including genetic testing results,
provided by the licensed genetic counselor. Genetic testing
shall be ordered by a physician licensed to practice medicine
in all its branches or a genetic counselor pursuant to a
referral that gives the specific authority to order genetic
tests. Genetic test results and reports shall be provided to
the referring physician, advanced practice nurse, or physician
assistant. General seminars or talks to groups or organizations
on genetic counseling that do not include individual, couple,
or family specific counseling may be conducted without a
referral. In clinical settings, genetic counselors who serve as
a liaison between family members of a patient and a genetic
research project, may, with the consent of the patient, provide
information to family members for the purpose of gathering
additional information, as it relates to the patient, without a
referral. In non-clinical settings where no patient is being
treated, genetic counselors who serve as a liaison between a
genetic research project and participants in that genetic
research project may provide information to the participants,
without a referral.
(c) Beginning 12 months after the adoption of the final
administrative rules, no association or partnership shall

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practice genetic counseling unless every member, partner, and
employee of the association or partnership who practices
genetic counseling or who renders genetic counseling services
holds a valid license issued under this Act. No license shall
be issued to a corporation, the stated purpose of which
includes or which practices or which holds itself out as
available to practice genetic counseling, unless it is
organized under the Professional Service Corporation Act.
(d) Nothing in this Act shall be construed as permitting
persons licensed as genetic counselors to engage in any manner
in the practice of medicine in all its branches as defined by
law in this State.
(e) Nothing in this Act shall be construed to authorize a
licensed genetic counselor to diagnose, test (unless
authorized in a referral), or treat any genetic or other
disease or condition.
(f) When, in the course of providing genetic counseling
services to any person, a genetic counselor licensed under this
Act finds any indication of a disease or condition that in his
or her professional judgment requires professional service
outside the scope of practice as defined in this Act, he or she
shall refer that person to a physician licensed to practice
medicine in all of its branches.
(Source: P.A. 96-1313, eff. 7-27-10.)
(225 ILCS 135/95)

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(Section scheduled to be repealed on January 1, 2015)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, 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 $1,000 for each
violation, with regard to any license for any one or more of
the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act, or any of its rules.
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof that is a
felony, a misdemeanor, an essential element of which is
dishonesty, or a crime that is directly related to the
practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this Act
or its rules.
(5) Gross negligence in the rendering of genetic
counseling services.
(6) Failure to provide genetic testing results and any
requested information to a referring physician licensed to
practice medicine in all its branches, advanced practice
nurse, or physician assistant.

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(7) Aiding or assisting another person in violating any
provision of this Act or any 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 and violating the rules of
professional conduct adopted by the Department.
(10) Failing to maintain the confidentiality of any
information received from a client, unless otherwise
authorized or required by law.
(10.5) Failure to maintain client records of services
provided and provide copies to clients upon request.
(11) Exploiting a client for personal advantage,
profit, or interest.
(12) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
which results in inability to practice with reasonable
skill, judgment, or safety.
(13) Discipline by another jurisdiction, if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section.
(14) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation

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for any professional service not actually rendered.
Nothing in this paragraph (14) 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 (14) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(15) A finding by the Department that the licensee,
after having the license placed on probationary status has
violated the terms of probation.
(16) Failing to refer a client to other health care
professionals when the licensee is unable or unwilling to
adequately support or serve the client.
(17) Willfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with federal or State agencies or
departments.
(18) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(19) Being named as a perpetrator in an indicated

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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.
(20) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills which results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(21) Solicitation of professional services by using
false or misleading advertising.
(22) Failure to file a return, or to pay the tax,
penalty of 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 or any successor agency or the Internal Revenue
Service or any successor agency.
(23) A finding that licensure has been applied for or
obtained by fraudulent means.
(24) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(25) Gross overcharging for professional services,
including filing statements for collection of fees or

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monies for which services are not rendered.
(26) Providing genetic counseling services to
individuals, couples, groups, or families without a
referral from either a physician licensed to practice
medicine in all its branches, an advanced practice nurse
who has a collaborative agreement with a collaborating
physician that authorizes the advanced practice nurse to
make referrals to a genetic counselor, or a physician
assistant who has been delegated authority to make
referrals to genetic counselors.
(b) The Department shall deny, without hearing, any
application or renewal for a license under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois State Assistance Commission; however, the
Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
(c) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the determination of the Director that the
licensee be allowed to resume professional practice.

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(Source: P.A. 96-1313, eff. 7-27-10; 96-1482, eff. 11-29-10;
revised 12-17-10.)
Section 70. The Perinatal Mental Health Disorders
Prevention and Treatment Act is amended by changing Section 10
as follows:
(405 ILCS 95/10)
Sec. 10. Definitions. In this Act:
"Hospital" has the meaning given to that term in the
Hospital Licensing Act.
"Licensed health care professional" means a physician
licensed to practice medicine in all its branches, an advanced
practice nurse who has a collaborative agreement with a
collaborating physician that authorizes care, or a physician's
assistant who has been delegated authority to provide care.
"Postnatal care" means an office visit to a licensed health
care professional occurring after birth, with reference to the
infant or mother.
"Prenatal care" means an office visit to a licensed health
care professional for pregnancy-related care occurring before
birth.
"Questionnaire" means an assessment tool administered by a
licensed health care professional to detect perinatal mental
health disorders, such as the Edinburgh Postnatal Depression
Scale, the Postpartum Depression Screening Scale, the Beck

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Depression Inventory, the Patient Health Questionnaire, or
other validated assessment methods.
(Source: P.A. 95-469, eff. 1-1-08.)
Section 75. The Lead Poisoning Prevention Act is amended by
changing Section 6.2 as follows:
(410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
Sec. 6.2. Physicians to screen children.
(a) Every physician licensed to practice medicine in all
its branches or health care provider shall screen children 6
months through 6 years of age for lead poisoning who are
determined to reside in an area defined as high risk by the
Department. Children residing in areas defined as low risk by
the Department shall be assessed for risk by a risk assessment
procedure developed by the Department. Children shall be
screened, in accordance with guidelines and criteria set forth
by the American Academy of Pediatrics, at the priority
intervals and using the methods specified in the guidelines.
(b) Each licensed, registered, or approved health care
facility serving children from 6 months through 6 years of age,
including but not limited to, health departments, hospitals,
clinics, and health maintenance organizations approved,
registered, or licensed by the Department, shall take the
appropriate steps to ensure that the patients receive lead
poisoning screening, where medically indicated or appropriate.

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(c) Children 6 years and older may also be screened by
physicians or health care providers, in accordance with
guidelines and criteria set forth by the American Academy of
Pediatrics, according to the priority intervals specified in
the guidelines. Physicians and health care providers shall also
screen children for lead poisoning in conjunction with the
school health examination, as required under the School Code,
when, in the medical judgement of the physician, advanced
practice nurse who has a written collaborative agreement with a
collaborating physician that authorizes the advance practice
nurse to perform health examinations, or physician assistant
who has been delegated to perform health examinations by the
supervising physician, the child is potentially at high risk of
lead poisoning.
(d) Nothing in this Section shall be construed to require
any child to undergo a lead blood level screening or test whose
parent or guardian objects on the grounds that the screening or
test conflicts with his or her religious beliefs.
(Source: P.A. 93-104, eff. 1-1-04.)
Section 80. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 2.2, 5, and 5.5
as follows:
(410 ILCS 70/2.2)
Sec. 2.2. Emergency contraception.

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(a) The General Assembly finds:
(1) Crimes of sexual assault and sexual abuse cause
significant physical, emotional, and psychological trauma
to the victims. This trauma is compounded by a victim's
fear of becoming pregnant and bearing a child as a result
of the sexual assault.
(2) Each year over 32,000 women become pregnant in the
United States as the result of rape and approximately 50%
of these pregnancies end in abortion.
(3) As approved for use by the Federal Food and Drug
Administration (FDA), emergency contraception can
significantly reduce the risk of pregnancy if taken within
72 hours after the sexual assault.
(4) By providing emergency contraception to rape
victims in a timely manner, the trauma of rape can be
significantly reduced.
(b) Within 120 days after the effective date of this
amendatory Act of the 92nd General Assembly, every hospital
providing services to sexual assault survivors in accordance
with a plan approved under Section 2 must develop a protocol
that ensures that each survivor of sexual assault will receive
medically and factually accurate and written and oral
information about emergency contraception; the indications and
counter-indications and risks associated with the use of
emergency contraception; and a description of how and when
victims may be provided emergency contraception upon the

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written order of a physician licensed to practice medicine in
all its branches, an advanced practice nurse who has a written
collaborative agreement with a collaborating physician that
authorizes prescription of emergency contraception, or a
physician assistant who has been delegated authority to
prescribe emergency contraception. The Department shall
approve the protocol if it finds that the implementation of the
protocol would provide sufficient protection for survivors of
sexual assault.
The hospital shall implement the protocol upon approval by
the Department. The Department shall adopt rules and
regulations establishing one or more safe harbor protocols and
setting minimum acceptable protocol standards that hospitals
may develop and implement. The Department shall approve any
protocol that meets those standards. The Department may provide
a sample acceptable protocol upon request.
(Source: P.A. 95-432, eff. 1-1-08.)
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for hospitals providing
hospital emergency services and forensic services to sexual
assault survivors.
(a) Every hospital providing hospital emergency services
and forensic services to sexual assault survivors under this
Act shall, as minimum requirements for such services, provide,
with the consent of the sexual assault survivor, and as ordered

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by the attending physician, an advanced practice nurse who has
a written collaborative agreement with a collaborating
physician that authorizes provision of emergency services, or a
physician assistant who has been delegated authority to provide
hospital emergency services and forensic services, the
following:
(1) appropriate medical examinations and laboratory
tests required to ensure the health, safety, and welfare of
a sexual assault survivor or which may be used as evidence
in a criminal proceeding against a person accused of the
sexual assault, or both; and records of the results of such
examinations and tests shall be maintained by the hospital
and made available to law enforcement officials upon the
request of the sexual assault survivor;
(2) appropriate oral and written information
concerning the possibility of infection, sexually
transmitted disease and pregnancy resulting from sexual
assault;
(3) appropriate oral and written information
concerning accepted medical procedures, medication, and
possible contraindications of such medication available
for the prevention or treatment of infection or disease
resulting from sexual assault;
(4) an amount of medication for treatment at the
hospital and after discharge as is deemed appropriate by
the attending physician, an advanced practice nurse, or a

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physician assistant and consistent with the hospital's
current approved protocol for sexual assault survivors;
(5) an evaluation of the sexual assault survivor's risk
of contracting human immunodeficiency virus (HIV) from the
sexual assault;
(6) written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted disease;
(7) referral by hospital personnel for appropriate
counseling; and
(8) when HIV prophylaxis is deemed appropriate, an
initial dose or doses of HIV prophylaxis, along with
written and oral instructions indicating the importance of
timely follow-up healthcare.
(b) Any person who is a sexual assault survivor who seeks
emergency hospital services and forensic services or follow-up
healthcare under this Act shall be provided such services
without the consent of any parent, guardian, custodian,
surrogate, or agent.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital
emergency department.
(Source: P.A. 95-432, eff. 1-1-08; 96-318, eff. 1-1-10.)
(410 ILCS 70/5.5)

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Sec. 5.5. Minimum reimbursement requirements for follow-up
healthcare.
(a) Every hospital, health care professional, laboratory,
or pharmacy that provides follow-up healthcare to a sexual
assault survivor, with the consent of the sexual assault
survivor and as ordered by the attending physician, an advanced
practice nurse who has a written collaborative agreement with a
collaborating physician, or physician assistant who has been
delegated authority by a supervising physician shall be
reimbursed for the follow-up healthcare services provided.
Follow-up healthcare services include, but are not limited to,
the following:
(1) a physical examination;
(2) laboratory tests to determine the presence or
absence of sexually transmitted disease; and
(3) appropriate medications, including HIV
prophylaxis.
(b) Reimbursable follow-up healthcare is limited to office
visits with a physician, advanced practice nurse, or physician
assistant within 90 days after an initial visit for hospital
emergency services.
(c) Nothing in this Section requires a hospital, health
care professional, laboratory, or pharmacy to provide
follow-up healthcare to a sexual assault survivor.
(Source: P.A. 95-432, eff. 1-1-08.)

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Section 85. The Consent by Minors to Medical Procedures Act
is amended by changing Sections 1, 2, and 3 as follows:
(410 ILCS 210/1) (from Ch. 111, par. 4501)
Sec. 1. Consent by minor. The consent to the performance of
a medical or surgical procedure by a physician licensed to
practice medicine and surgery, an advanced practice nurse who
has a written collaborative agreement with a collaborating
physician that authorizes provision of services for minors, or
a physician assistant who has been delegated authority to
provide services for minors executed by a married person who is
a minor, by a parent who is a minor, by a pregnant woman who is
a minor, or by any person 18 years of age or older, is not
voidable because of such minority, and, for such purpose, a
married person who is a minor, a parent who is a minor, a
pregnant woman who is a minor, or any person 18 years of age or
older, is deemed to have the same legal capacity to act and has
the same powers and obligations as has a person of legal age.
(Source: P.A. 93-962, eff. 8-20-04.)
(410 ILCS 210/2) (from Ch. 111, par. 4502)
Sec. 2. Any parent, including a parent who is a minor, may
consent to the performance upon his or her child of a medical
or surgical procedure by a physician licensed to practice
medicine and surgery, an advanced practice nurse who has a
written collaborative agreement with a collaborating physician

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that authorizes provision of services for minors, or a
physician assistant who has been delegated authority to provide
services for minors or a dental procedure by a licensed
dentist. The consent of a parent who is a minor shall not be
voidable because of such minority, but, for such purpose, a
parent who is a minor shall be deemed to have the same legal
capacity to act and shall have the same powers and obligations
as has a person of legal age.
(Source: P.A. 93-962, eff. 8-20-04.)
(410 ILCS 210/3) (from Ch. 111, par. 4503)
Sec. 3. (a) Where a hospital, a physician licensed to
practice medicine or surgery, an advanced practice nurse who
has a written collaborative agreement with a collaborating
physician that authorizes provision of services for minors, or
a physician assistant who has been delegated authority to
provide services for minors renders emergency treatment or
first aid or a licensed dentist renders emergency dental
treatment to a minor, consent of the minor's parent or legal
guardian need not be obtained if, in the sole opinion of the
physician, advanced practice nurse, physician assistant,
dentist, or hospital, the obtaining of consent is not
reasonably feasible under the circumstances without adversely
affecting the condition of such minor's health.
(b) Where a minor is the victim of a predatory criminal
sexual assault of a child, aggravated criminal sexual assault,

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criminal sexual assault, aggravated criminal sexual abuse or
criminal sexual abuse, as provided in Sections 12-13 through
12-16 of the Criminal Code of 1961, as now or hereafter
amended, the consent of the minor's parent or legal guardian
need not be obtained to authorize a hospital, physician,
advanced practice nurse, physician assistant, or other medical
personnel to furnish medical care or counseling related to the
diagnosis or treatment of any disease or injury arising from
such offense. The minor may consent to such counseling,
diagnosis or treatment as if the minor had reached his or her
age of majority. Such consent shall not be voidable, nor
subject to later disaffirmance, because of minority.
(Source: P.A. 93-962, eff. 8-20-04.)
Section 90. The Prenatal and Newborn Care Act is amended by
changing Section 2 as follows:
(410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Advanced practice nurse" or "APN" means an advanced
practice nurse licensed under the Nurse Practice Act who has a
written collaborative agreement with a collaborating physician
that authorizes the provision of prenatal and newborn care.
"Department" means the Illinois Department of Human
Services.

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"Early and Periodic Screening, Diagnosis and Treatment
(EPSDT)" means the provision of preventative health care under
42 C.F.R. 441.50 et seq., including medical and dental
services, needed to assess growth and development and detect
and treat health problems.
"Hospital" means a hospital as defined under the Hospital
Licensing Act.
"Local health authority" means the full-time official
health department or board of health, as recognized by the
Illinois Department of Public Health, having jurisdiction over
a particular area.
"Nurse" means a nurse licensed under the Nurse Practice
Act.
"Physician" means a physician licensed to practice
medicine in all of its branches.
"Physician assistant" means a physician assistant licensed
under the Physician Assistant Practice Act of 1987 who has been
delegated authority to provide prenatal and newborn care.
"Postnatal visit" means a visit occurring after birth, with
reference to the newborn.
"Prenatal visit" means a visit occurring before birth.
"Program" means the Prenatal and Newborn Care Program
established pursuant to this Act.
(Source: P.A. 95-639, eff. 10-5-07.)
Section 95. The AIDS Confidentiality Act is amended by

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changing Section 3 as follows:
(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,

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or by video, electronic, or other means. The subject must be
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 podiatrist, or (vi) an

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individual certified to provide HIV 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 100. The Illinois Sexually Transmissible Disease
Control Act is amended by changing Section 4 as follows:
(410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
Sec. 4. Reporting required.
(a) A physician licensed under the provisions of the
Medical Practice Act of 1987, an advanced practice nurse
licensed under the provisions of the Nurse Practice Act who has
a written collaborative agreement with a collaborating
physician that authorizes the provision of services for a
sexually transmissible disease, or a physician assistant
licensed under the provisions of the Physician Assistant
Practice Act of 1987 who has been delegated authority to
provide services for a sexually transmissible disease who makes
a diagnosis of or treats a person with a sexually transmissible
disease and each laboratory that performs a test for a sexually

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transmissible disease which concludes with a positive result
shall report such facts as may be required by the Department by
rule, within such time period as the Department may require by
rule, but in no case to exceed 2 weeks.
(b) The Department shall adopt rules specifying the
information required in reporting a sexually transmissible
disease, the method of reporting and specifying a minimum time
period for reporting. In adopting such rules, the Department
shall consider the need for information, protections for the
privacy and confidentiality of the patient, and the practical
abilities of persons and laboratories to report in a reasonable
fashion.
(c) Any person who knowingly or maliciously disseminates
any false information or report concerning the existence of any
sexually transmissible disease under this Section is guilty of
a Class A misdemeanor.
(d) Any person who violates the provisions of this Section
or the rules adopted hereunder may be fined by the Department
up to $500 for each violation. The Department shall report each
violation of this Section to the regulatory agency responsible
for licensing a health care professional or a laboratory to
which these provisions apply.
(Source: P.A. 95-639, eff. 10-5-07.)
Section 105. The Perinatal HIV Prevention Act is amended by
changing Section 5 as follows:

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(410 ILCS 335/5)
Sec. 5. Definitions. In this Act:
"Department" means the Department of Public Health.
"Health care professional" means a physician licensed to
practice medicine in all its branches, a physician assistant
who has been delegated the provision of health services by his
or her supervising physician, or an advanced practice
registered nurse who has a written collaborative agreement with
a collaborating physician that authorizes the provision of
health services.
"Health care facility" or "facility" means any hospital or
other institution that is licensed or otherwise authorized to
deliver health care services.
"Health care services" means any prenatal medical care or
labor or delivery services to a pregnant woman and her newborn
infant, including hospitalization.
(Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)
Section 110. The Home Health and Hospice Drug Dispensation
and Administration Act is amended by changing Section 10 as
follows:
(410 ILCS 642/10)
Sec. 10. Definitions. In this Act:
"Authorized nursing employee" means a registered nurse or

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advanced practice nurse, as defined in the Nurse Practice Act,
who is employed by a home health agency or hospice licensed in
this State.
"Health care professional" means a physician licensed to
practice medicine in all its branches, an advanced practice
nurse who has a written collaborative agreement with a
collaborating physician that authorizes services under this
Act, or a physician assistant who has been delegated the
authority to perform services under this Act by his or her
supervising physician.
"Home health agency" has the meaning ascribed to it in
Section 2.04 of the Home Health, Home Services, and Home
Nursing Agency Licensing Act.
"Hospice" means a full hospice, as defined in Section 3 of
the Hospice Program Licensing Act.
"Physician" means a physician licensed under the Medical
Practice Act of 1987 to practice medicine in all its branches.
(Source: P.A. 94-638, eff. 8-22-05; 95-331, eff. 8-21-07;
95-639, eff. 10-5-07.)
Section 115. The Illinois Vehicle Code is amended by
changing Sections 1-159.1, 3-616, and 6-106.1 as follows:
(625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
Sec. 1-159.1. Person with disabilities. A natural person
who, as determined by a licensed physician, by a physician

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assistant who has been delegated the authority to make this
determination by his or her supervising physician, or by an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination: (1) cannot
walk without the use of, or assistance from, a brace, cane,
crutch, another person, prosthetic device, wheelchair, or
other assistive device; (2) is restricted by lung disease to
such an extent that his or her forced (respiratory) expiratory
volume for one second, when measured by spirometry, is less
than one liter, or the arterial oxygen tension is less than 60
mm/hg on room air at rest; (3) uses portable oxygen; (4) has a
cardiac condition to the extent that the person's functional
limitations are classified in severity as Class III or Class
IV, according to standards set by the American Heart
Association; (5) is severely limited in the person's ability to
walk due to an arthritic, neurological, or orthopedic
condition; (6) cannot walk 200 feet without stopping to rest
because of one of the above 5 conditions; or (7) is missing a
hand or arm or has permanently lost the use of a hand or arm.
(Source: P.A. 95-186, eff. 8-16-07.)
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
Sec. 3-616. Disability license plates.
(a) Upon receiving an application for a certificate of
registration for a motor vehicle of the first division or for a

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motor vehicle of the second division weighing no more than
8,000 pounds, accompanied with payment of the registration fees
required under this Code from a person with disabilities or a
person who is deaf or hard of hearing, the Secretary of State,
if so requested, shall issue to such person registration plates
as provided for in Section 3-611, provided that the person with
disabilities or person who is deaf or hard of hearing must not
be disqualified from obtaining a driver's license under
subsection 8 of Section 6-103 of this Code, and further
provided that any person making such a request must submit a
statement, certified by a licensed physician, by a physician
assistant who has been delegated the authority to make this
certification by his or her supervising physician, or by an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this certification, to the
effect that such person is a person with disabilities as
defined by Section 1-159.1 of this Code, or alternatively
provide adequate documentation that such person has a Class 1A,
Class 2A or Type Four disability under the provisions of
Section 4A of the Illinois Identification Card Act. For
purposes of this Section, an Illinois Disabled Person
Identification Card issued pursuant to the Illinois
Identification Card Act indicating that the person thereon
named has a disability shall be adequate documentation of such
a disability.

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(b) The Secretary shall issue plates under this Section to
a parent or legal guardian of a person with disabilities if the
person with disabilities has a Class 1A or Class 2A disability
as defined in Section 4A of the Illinois Identification Card
Act or is a person with disabilities as defined by Section
1-159.1 of this Code, and does not possess a vehicle registered
in his or her name, provided that the person with disabilities
relies frequently on the parent or legal guardian for
transportation. Only one vehicle per family may be registered
under this subsection, unless the applicant can justify in
writing the need for one additional set of plates. Any person
requesting special plates under this subsection shall submit
such documentation or such physician's, physician assistant's,
or advanced practice nurse's statement as is required in
subsection (a) and a statement describing the circumstances
qualifying for issuance of special plates under this
subsection. An optometrist may certify a Class 2A Visual
Disability, as defined in Section 4A of the Illinois
Identification Card Act, for the purpose of qualifying a person
with disabilities for special plates under this subsection.
(c) The Secretary may issue a parking decal or device to a
person with disabilities as defined by Section 1-159.1 without
regard to qualification of such person with disabilities for a
driver's license or registration of a vehicle by such person
with disabilities or such person's immediate family, provided
such person with disabilities making such a request has been

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issued a Disabled Person Identification Card indicating that
the person named thereon has a Class 1A or Class 2A disability,
or alternatively, submits a statement certified by a licensed
physician, or by a physician assistant or an advanced practice
nurse as provided in subsection (a), to the effect that such
person is a person with disabilities as defined by Section
1-159.1. An optometrist may certify a Class 2A Visual
Disability as defined in Section 4A of the Illinois
Identification Card Act for the purpose of qualifying a person
with disabilities for a parking decal or device under this
subsection.
(d) The Secretary shall prescribe by rules and regulations
procedures to certify or re-certify as necessary the
eligibility of persons whose disabilities are other than
permanent for special plates or parking decals or devices
issued under subsections (a), (b) and (c). Except as provided
under subsection (f) of this Section, no such special plates,
decals or devices shall be issued by the Secretary of State to
or on behalf of any person with disabilities unless such person
is certified as meeting the definition of a person with
disabilities pursuant to Section 1-159.1 or meeting the
requirement of a Type Four disability as provided under Section
4A of the Illinois Identification Card Act for the period of
time that the physician, or the physician assistant or advanced
practice nurse as provided in subsection (a), determines the
applicant will have the disability, but not to exceed 6 months

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from the date of certification or recertification.
(e) Any person requesting special plates under this Section
may also apply to have the special plates personalized, as
provided under Section 3-405.1.
(f) The Secretary of State, upon application, shall issue
disability registration plates or a parking decal to
corporations, school districts, State or municipal agencies,
limited liability companies, nursing homes, convalescent
homes, or special education cooperatives which will transport
persons with disabilities. The Secretary shall prescribe by
rule a means to certify or re-certify the eligibility of
organizations to receive disability plates or decals and to
designate which of the 2 person with disabilities emblems shall
be placed on qualifying vehicles.
(g) The Secretary of State, or his designee, may enter into
agreements with other jurisdictions, including foreign
jurisdictions, on behalf of this State relating to the
extension of parking privileges by such jurisdictions to
permanently disabled residents of this State who display a
special license plate or parking device that contains the
International symbol of access on his or her motor vehicle, and
to recognize such plates or devices issued by such other
jurisdictions. This State shall grant the same parking
privileges which are granted to disabled residents of this
State to any non-resident whose motor vehicle is licensed in
another state, district, territory or foreign country if such

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vehicle displays the international symbol of access or a
distinguishing insignia on license plates or parking device
issued in accordance with the laws of the non-resident's state,
district, territory or foreign country.
(Source: P.A. 94-619, eff. 1-1-06; 95-762, eff. 1-1-09.)
(625 ILCS 5/6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on the effective date of this

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Act possess a valid school bus driver permit that has been
previously issued by the appropriate Regional School
Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid
and does not lapse. The applicant shall be required to pay all
related application and fingerprinting fees as established by
rule including, but not limited to, the amounts established by
the Department of State Police and the Federal Bureau of
Investigation to process fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint based criminal background investigations. All
other fees paid under this Section shall be deposited into the
Road Fund for the purpose of defraying the costs of the
Secretary of State in administering this Section. All
applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not been
revoked, suspended, or canceled for 3 years immediately
prior to the date of application, or have not had his or
her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;

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4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school bus
safety, and special traffic laws relating to school buses
and submit to a review of the applicant's driving habits by
the Secretary of State at the time the written test is
given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not subject
to such testing pursuant to federal law, conducted by a
licensed physician, an advanced practice nurse who has a
written collaborative agreement with a collaborating
physician which authorizes him or her to perform medical
examinations, or a physician assistant who has been
delegated the performance of medical examinations by his or
her supervising physician within 90 days of the date of
application according to standards promulgated by the
Secretary of State;
7. affirm under penalties of perjury that he or she has
not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver safety

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as promulgated by the Secretary of State; and after
satisfactory completion of said initial course an annual
refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been convicted of 2 or more serious traffic
offenses, as defined by rule, within one year prior to the
date of application that may endanger the life or safety of
any of the driver's passengers within the duration of the
permit period;
10. not have been convicted of reckless driving,
aggravated reckless driving, driving while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof, or
reckless homicide resulting from the operation of a motor
vehicle within 3 years of the date of application;
11. not have been convicted of committing or attempting
to commit any one or more of the following offenses: (i)
those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,

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11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
Section 8-1, and in subsection (a) and subsection (b),
clause (1), of Section 12-4, and in subsection (A), clauses
(a) and (b), of Section 24-3, and those offenses contained
in Article 29D of the Criminal Code of 1961; (ii) those
offenses defined in the Cannabis Control Act except those
offenses defined in subsections (a) and (b) of Section 4,
and subsection (a) of Section 5 of the Cannabis Control
Act; (iii) those offenses defined in the Illinois
Controlled Substances Act; (iv) those offenses defined in
the Methamphetamine Control and Community Protection Act;
(v) any offense committed or attempted in any other state
or against the laws of the United States, which if
committed or attempted in this State would be punishable as
one or more of the foregoing offenses; (vi) the offenses
defined in Section 4.1 and 5.1 of the Wrongs to Children
Act; (vii) those offenses defined in Section 6-16 of the
Liquor Control Act of 1934; and (viii) those offenses
defined in the Methamphetamine Precursor Control Act; .

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12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a motor
vehicle, caused an accident resulting in the death of any
person; and
14. not have, within the last 5 years, been adjudged to
be afflicted with or suffering from any mental disability
or disease.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, social security number and date of birth, a brief
description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the
holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver

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candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Department of State Police. The Federal
Bureau of Investigation shall report the findings directly to

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the Secretary of State. The Secretary of State shall remove the
bus driver permit from provisional status upon the applicant's
successful completion of the Federal Bureau of Investigation's
criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted
in another state of an offense that would make him or her
ineligible for a permit under subsection (a) of this Section.
The written notification shall be made within 5 days of the
entry of the conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in compliance
with the provisions of subsection (a) of this Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or

HB1682 - 149 - LRB097 09151 CEL 49286 b
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving notice
from the employer that the holder failed to perform the
inspection procedure set forth in subsection (a) or (b) of
Section 12-816 of this Code.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A

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petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder has
been called to active duty. Upon notification pursuant to this
subsection, (i) the Secretary of State shall characterize the
permit as inactive until a permit holder renews the permit as
provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.

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(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew a
permit characterized as inactive pursuant to subsection (h) of
this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
7-22-10; revised 9-2-10.)
Section 120. 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

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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 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 presence, by his
authorized agent),
(2) the patient or research subject at the lawful
direction of the practitioner, 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
of or at the direction of a manufacturer, distributor, or
dispenser. 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, and
corticosteroids) that promotes muscle growth, and includes:
(i) boldenone,
(ii) chlorotestosterone,
(iii) chostebol,
(iv) dehydrochlormethyltestosterone,

HB1682 - 153 - LRB097 09151 CEL 49286 b
(v) dihydrotestosterone,
(vi) drostanolone,
(vii) ethylestrenol,
(viii) fluoxymesterone,
(ix) formebulone,
(x) mesterolone,
(xi) methandienone,
(xii) methandranone,
(xiii) methandriol,
(xiv) methandrostenolone,
(xv) methenolone,
(xvi) methyltestosterone,
(xvii) mibolerone,
(xviii) nandrolone,
(xix) norethandrolone,
(xx) oxandrolone,
(xxi) oxymesterone,
(xxii) oxymetholone,
(xxiii) stanolone,
(xxiv) stanozolol,
(xxv) testolactone,
(xxvi) testosterone,
(xxvii) trenbolone, and
(xxviii) any salt, ester, or isomer of a drug or
substance described or listed in this paragraph, if
that salt, ester, or isomer promotes muscle growth.

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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.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II of this Act
whether by transfer from another Schedule or otherwise.
(f) "Controlled Substance" means a drug, substance, or
immediate precursor in the Schedules of Article II of this Act.
(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

HB1682 - 155 - LRB097 09151 CEL 49286 b
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
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) "Department of State Police" means the Department of
State Police of the State of Illinois or its successor agency.
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Professional Regulation" means the
Department of Professional Regulation of the State of Illinois
or its successor agency.
(m) "Depressant" or "stimulant substance" means:
(1) a drug which contains any quantity of (i)
barbituric acid or any of the salts of barbituric acid
which has been designated as habit forming under section
502 (d) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352 (d)); or
(2) a drug which contains any quantity of (i)
amphetamine or methamphetamine and any of their optical
isomers; (ii) any salt of amphetamine or methamphetamine or
any salt of an optical isomer of amphetamine; or (iii) any

HB1682 - 156 - LRB097 09151 CEL 49286 b
substance which the Department, after investigation, has
found to be, and by rule designated as, habit forming
because of its depressant or stimulant effect on the
central nervous system; or
(3) lysergic acid diethylamide; or
(4) any drug which contains any quantity of a substance
which the Department, after investigation, has found to
have, and by rule designated as having, a potential for
abuse because of its depressant or stimulant effect on the
central nervous system or its hallucinogenic effect.
(n) (Blank).
(o) "Director" means the Director of the Department of
State Police or the Department of Professional Regulation or
his designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
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

HB1682 - 157 - LRB097 09151 CEL 49286 b
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 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.
(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
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

HB1682 - 158 - LRB097 09151 CEL 49286 b
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 doctor-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,
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(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.
(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

HB1682 - 159 - LRB097 09151 CEL 49286 b
(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,
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

HB1682 - 160 - LRB097 09151 CEL 49286 b
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
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

HB1682 - 161 - LRB097 09151 CEL 49286 b
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, other than Illinois,
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
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 own use; or
(2) by a practitioner, or his authorized agent under
his supervision, the preparation, compounding, packaging,
or labeling of a controlled substance:
(a) as an incident to his administering or
dispensing of a controlled substance in the course of
his professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale.
(z-1) (Blank).

HB1682 - 162 - LRB097 09151 CEL 49286 b
(aa) "Narcotic drug" means any of the following, whether
produced 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:
(1) opium and opiate, and any salt, compound,
derivative, or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative, or
preparation thereof which is chemically equivalent or
identical with any of the substances referred to in clause
(1), but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salts, compound, isomer, salt
of an isomer, derivative, or preparation of coca leaves
including cocaine or ecgonine, and any salt, compound,
isomer, derivative, or preparation thereof which is
chemically equivalent or identical with any of these
substances, but not including decocainized coca leaves or
extractions of coca leaves which do not contain cocaine or
ecgonine (for the purpose of this paragraph, the term
"isomer" includes optical, positional and geometric
isomers).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction

HB1682 - 163 - LRB097 09151 CEL 49286 b
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.
(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
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.
(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,
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

HB1682 - 164 - LRB097 09151 CEL 49286 b
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
prior to the time of issuance.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, 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 lawful written, facsimile, or
verbal order of a physician licensed to practice medicine in
all its branches, dentist, 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

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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 of an advanced practice nurse with
prescriptive authority delegated under Section 65-40 of the
Nurse Practice Act who issues a prescription for any 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.
(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.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his own use or for the use of a
member of his household or for administering to an animal owned
by him or by a member of his household.
(Source: P.A. 95-242, eff. 1-1-08; 95-639, eff. 10-5-07;

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95-689, eff. 10-29-07; 95-876, eff. 8-21-08; 96-189, eff.
8-10-09; 96-268, eff. 8-11-09.)
(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 animal euthanasia
agencies to purchase, store, or administer animal euthanasia
drugs under the following circumstances:
(1) with respect to physician assistants,
(A) the physician assistant has been delegated
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:

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(i) no more than 5 Schedule II controlled
substances by oral dosage may be delegated;
(ii) any delegation must be of controlled
substances prescribed by the supervising
physician;
(iii) all prescriptions must be limited to no
more than a 30-day oral dosage, 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; and
(v) the physician assistant must have
completed the appropriate application forms and
paid the required fees as set by rule;
(2) with respect to advanced practice nurses,
(A) the advanced practice nurse has been delegated
authority to prescribe any Schedule II III through V
controlled substances by a physician licensed to
practice medicine in all its branches or a 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

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authority by a collaborating 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) no more than 5 Schedule II controlled
substances by oral dosage may be delegated;
(ii) any delegation must be of controlled
substances prescribed by the collaborating
physician;
(iii) all prescriptions must be limited to no
more than a 30-day oral dosage, with any
continuation authorized only after prior approval
of the collaborating physician;
(iv) the advanced practice nurse must discuss
the condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician; and
(v) the advanced practice nurse must have
completed the appropriate application forms and
paid the required fees as set by rule; or
(3) with respect to animal euthanasia agencies, the
euthanasia agency has obtained a license from the
Department of Professional Regulation and obtained a
registration number from the Department.
(b) The physician assistant mid-level practitioner shall

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only be licensed to prescribe those schedules of controlled
substances for which a licensed physician or licensed
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 shall be issued a mid-level practitioner
controlled substances license for Illinois.
(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09;
96-268, eff. 8-11-09; 96-1000, eff. 7-2-10.)
(225 ILCS 65/65-35 rep.)
Section 125. The Nurse Practice Act is amended by repealing
Section 65-35.
(225 ILCS 100/20.5 rep.)
Section 130. The Podiatric Medical Practice Act of 1987 is
amended by repealing Section 20.5.
Section 999. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance
15 ILCS 335/4 from Ch. 124, par. 24
105 ILCS 5/22-30
105 ILCS 5/24-5 from Ch. 122, par. 24-5
105 ILCS 5/24-6
105 ILCS 5/26-1 from Ch. 122, par. 26-1
105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
210 ILCS 5/6.5
210 ILCS 25/7-101 from Ch. 111 1/2, par. 627-101
210 ILCS 85/10.7
215 ILCS 5/356g.5
215 ILCS 5/356z.1
225 ILCS 25/8.1 from Ch. 111, par. 2308.1
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 60/54.5
225 ILCS 65/50-10 was 225 ILCS 65/5-10
225 ILCS 65/65-30
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 85/4 from Ch. 111, par. 4124
225 ILCS 90/1 from Ch. 111, par. 4251
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