Bill Text: IL HB2407 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Creates the Internet Prescribing Prohibition Act. Provides that licensed prescribers may not knowingly prescribe medications for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless (1) the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including health history and a physical examination, to establish the diagnosis for which any legend drug is prescribed; (2) the prescriber and the patient have discussed treatment options and the risks and benefits of treatment; and (3) the prescriber has maintained the patient's medical records. Provides that these provisions shall not be construed to prohibit patient care in certain circumstances or to prevent the electronic distribution of a prescription to a pharmacy. Provides that a person convicted of violating these provisions is guilty of a business offense and shall be fined not less than $1,000 for the first violation and not less than $2,000 for a second or subsequent violation. Requires a person convicted of violating the Act to be reported to the Division of Professional Regulation of the Department of Financial and Professional Regulation for appropriate licensing board review. Amends the Illinois Dental Practice Act, Medical Practice Act of 1987, Nurse Practice Act, Illinois Optometric Practice Act of 1987, Physician Assistant Practice Act of 1987, Podiatric Medical Practice Act of 1987, and Veterinary Medicine and Surgery Practice Act of 2004 to provide that a violation of the Internet Prescribing Prohibition Act constitutes grounds for disciplinary action under those Acts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-05 - Tabled By Sponsor Rep. Karen May [HB2407 Detail]

Download: Illinois-2009-HB2407-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2407 Introduced 2/19/2009, by Rep. Karen May SYNOPSIS AS INTRODUCED:
New Act
225 ILCS 25/23 from Ch. 111, par. 2323
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 65/70-5 was 225 ILCS 65/10-45
225 ILCS 80/24 from Ch. 111, par. 3924
225 ILCS 95/21 from Ch. 111, par. 4621
225 ILCS 100/24 from Ch. 111, par. 4824
225 ILCS 115/25 from Ch. 111, par. 7025
Creates the Internet Prescribing Prohibition Act. Provides that licensed prescribers may not knowingly prescribe medications for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless (1) the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including health history and a physical examination, to establish the diagnosis for which any legend drug is prescribed; (2) the prescriber and the patient have discussed treatment options and the risks and benefits of treatment; and (3) the prescriber has maintained the patient's medical records. Provides that these provisions shall not be construed to prohibit patient care in certain circumstances or to prevent the electronic distribution of a prescription to a pharmacy. Provides that a person convicted of violating these provisions is guilty of a business offense and shall be fined not less than $1,000 for the first violation and not less than $2,000 for a second or subsequent violation. Requires a person convicted of violating the Act to be reported to the Division of Professional Regulation of the Department of Financial and Professional Regulation for appropriate licensing board review. Amends the Illinois Dental Practice Act, Medical Practice Act of 1987, Nurse Practice Act, Illinois Optometric Practice Act of 1987, Physician Assistant Practice Act of 1987, Podiatric Medical Practice Act of 1987, and Veterinary Medicine and Surgery Practice Act of 2004 to provide that a violation of the Internet Prescribing Prohibition Act constitutes grounds for disciplinary action under those Acts.
LRB096 10055 RPM 20220 b
A BILL FOR
HB2407 LRB096 10055 RPM 20220 b
AN ACT concerning health professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Internet Prescribing Prohibition Act.
Section 5. Definitions. In this Act:
"Division" means the Division of Professional Regulation
of the Department of Financial and Professional Regulation.
"Licensed prescribers" means physicians licensed to
practice medicine in all its branches, licensed podiatrists,
therapeutically-certified optometrists, licensed dentists,
licensed veterinarians, licensed physician assistants who have
been delegated prescriptive authority by a supervising
physician, and licensed advanced practice registered nurses
who have a written collaborative agreement with a collaborating
physician that authorizes prescriptive authority.
Section 10. Prohibition on Internet prescribing.
(a) Illinois licensed prescribers may not knowingly
prescribe medications for a patient via the Internet, World
Wide Web, telephone, facsimile, or any other electronic means
unless the following elements have been met:
(1) the patient has been physically examined by the

HB2407 - 2 - LRB096 10055 RPM 20220 b
prescriber or has been given a documented patient
evaluation, including health history and a physical
examination, to establish the diagnosis for which any
legend drug is prescribed;
(2) the prescriber and the patient have discussed
treatment options and the risks and benefits of treatment;
and
(3) the prescriber has maintained the patient's
medical records.
(b) The provisions of subdivision (1) of subsection (a) of
this Section are not applicable in an emergency situation. For
purposes of this Section, an emergency situation means those
situations in which the prescriber determines that the
immediate administration of the medication is necessary for the
proper treatment of the patient and it is not reasonably
possible for the prescriber to comply with the provisions of
this Section prior to providing such prescription.
(c) The provisions of subdivision (1) of subsection (a) of
this Section shall not be construed to prohibit patient care in
the following circumstances:
(1) in consultation with another health care
professional who has an ongoing relationship with the
patient and who has agreed to supervise the patient's
treatment, including the use of any prescribed
medications;
(2) on-call or cross-coverage situations in which a

HB2407 - 3 - LRB096 10055 RPM 20220 b
prescriber provides care for another prescriber's
patients;
(3) admission orders for a newly hospitalized patient;
(4) orders for patients in long-term care facilities or
hospitals recommended by registered professional nurses;
(5) continuing medications on a short-term basis for a
new patient prior to the first appointment; and
(6) a prescriber or his or her designee from
electronically or telephonically prescribing medication
for a patient with an existing physician-patient
relationship with the prescriber.
(d) Nothing in this Section shall be construed to prevent
the electronic distribution of a prescription to a pharmacy.
Section 15. Penalties. A person convicted of violating this
Act is guilty of a business offense and shall be fined not less
than $1,000 for the first violation and not less than $2,000
for a second or subsequent violation. A person convicted of
violating this Act must be reported to the Division for
appropriate licensing board review.
Section 90. The Illinois Dental Practice Act is amended by
changing Section 23 as follows:
(225 ILCS 25/23) (from Ch. 111, par. 2323)
(Section scheduled to be repealed on January 1, 2016)

HB2407 - 4 - LRB096 10055 RPM 20220 b
Sec. 23. Refusal, revocation or suspension of dental
licenses. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 per violation, with
regard to any license for any one or any combination of the
following causes:
1. Fraud in procuring the license.
2. Habitual intoxication or addiction to the use of
drugs.
3. Willful or repeated violations of the rules of the
Department of Public Health or Department of Nuclear
Safety.
4. Acceptance of a fee for service as a witness,
without the knowledge of the court, in addition to the fee
allowed by the court.
5. Division of fees or agreeing to split or divide the
fees received for dental services with any person for
bringing or referring a patient, except in regard to
referral services as provided for under Section 45, or
assisting in the care or treatment of a patient, without
the knowledge of the patient or his legal representative.
6. Employing, procuring, inducing, aiding or abetting
a person not licensed or registered as a dentist to engage
in the practice of dentistry. The person practiced upon is
not an accomplice, employer, procurer, inducer, aider, or

HB2407 - 5 - LRB096 10055 RPM 20220 b
abetter within the meaning of this Act.
7. Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce
dental patronage.
8. Professional connection or association with or
lending his name to another for the illegal practice of
dentistry by another, or professional connection or
association with any person, firm or corporation holding
himself, herself, themselves, or itself out in any manner
contrary to this Act.
9. Obtaining or seeking to obtain practice, money, or
any other things of value by false or fraudulent
representations, but not limited to, engaging in such
fraudulent practice to defraud the medical assistance
program of the Department of Healthcare and Family Services
(formerly Department of Public Aid).
10. Practicing under a name other than his or her own.
11. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
12. Conviction in this or another State of any crime
which is a felony under the laws of this State or
conviction of a felony in a federal court, conviction of a
misdemeanor, an essential element of which is dishonesty,
or conviction of any crime which is directly related to the
practice of dentistry or dental hygiene.

HB2407 - 6 - LRB096 10055 RPM 20220 b
13. Permitting a dental hygienist, dental assistant or
other person under his or her supervision to perform any
operation not authorized by this Act.
14. Permitting more than 4 dental hygienists to be
employed under his supervision at any one time.
15. A violation of any provision of this Act or any
rules promulgated under this Act.
16. Taking impressions for or using the services of any
person, firm or corporation violating this Act.
17. Violating any provision of Section 45 relating to
advertising.
18. 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
within this Act.
19. Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
20. Gross or repeated malpractice resulting in injury
or death of a patient.
21. The use or prescription for use of narcotics or
controlled substances or designated products as listed in
the Illinois Controlled Substances Act, in any way other
than for therapeutic purposes.
22. Willfully making or filing false records or reports
in his practice as a dentist, including, but not limited

HB2407 - 7 - LRB096 10055 RPM 20220 b
to, false records to support claims against the dental
assistance program of the Department of Healthcare and
Family Services (formerly Illinois Department of Public
Aid).
23. Professional incompetence as manifested by poor
standards of care.
24. Physical or mental illness, including, but not
limited to, deterioration through the aging process, or
loss of motor skills which results in a dentist's inability
to practice dentistry with reasonable judgment, skill or
safety. In enforcing this paragraph, the Department may
compel a person licensed to practice under this Act to
submit to a mental or physical examination pursuant to the
terms and conditions of Section 23b.
25. Repeated irregularities in billing a third party
for services rendered to a patient. For purposes of this
paragraph 25, "irregularities in billing" shall include:
(a) Reporting excessive charges for the purpose of
obtaining a total payment in excess of that usually
received by the dentist for the services rendered.
(b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for
the purpose of obtaining payment not earned.
26. Continuing the active practice of dentistry while
knowingly having any infectious, communicable, or
contagious disease proscribed by rule or regulation of the

HB2407 - 8 - LRB096 10055 RPM 20220 b
Department.
27. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act, and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act.
28. Violating the Health Care Worker Self-Referral
Act.
29. Abandonment of a patient.
30. Mental incompetency as declared by a court of
competent jurisdiction.
31. Violating any provision of the Internet
Prescribing Prohibition Act.
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 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 fraud in procuring a license,
no action shall be commenced more than 5 years after the date
of the incident or act alleged to have violated this Section.
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

HB2407 - 9 - LRB096 10055 RPM 20220 b
Department.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(Source: P.A. 94-1014, eff. 7-7-06.)
Section 95. The Medical Practice Act of 1987 is amended by
changing Section 22 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2010)
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

HB2407 - 10 - LRB096 10055 RPM 20220 b
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act; or
(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; or
(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.

HB2407 - 11 - LRB096 10055 RPM 20220 b
(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.
(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

HB2407 - 12 - LRB096 10055 RPM 20220 b
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 Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Dividing with anyone other than physicians with
whom the licensee practices in a partnership, Professional
Association, limited liability company, or Medical or
Professional Corporation any fee, commission, rebate or
other form of compensation for any professional services
not actually and personally rendered. Nothing contained in
this subsection prohibits persons holding valid and
current licenses under this Act from practicing medicine in
partnership under a partnership agreement, including a
limited liability partnership, in a limited liability
company under the Limited Liability Company Act, in a
corporation authorized by the Medical Corporation Act, as
an association authorized by the Professional Association
Act, or in a corporation under the Professional Corporation
Act or from pooling, sharing, dividing or apportioning the
fees and monies received by them or by the partnership,
corporation or association in accordance with the
partnership agreement or the policies of the Board of

HB2407 - 13 - LRB096 10055 RPM 20220 b
Directors of the corporation or association. Nothing
contained in this subsection prohibits 2 or more
corporations authorized by the Medical Corporation Act,
from forming a partnership or joint venture of such
corporations, and providing medical, surgical and
scientific research and knowledge by employees of these
corporations if such employees are licensed under this Act,
or from pooling, sharing, dividing, or apportioning the
fees and monies received by the partnership or joint
venture in accordance with the partnership or joint venture
agreement. Nothing contained in this subsection shall
abrogate the right of 2 or more persons, holding valid and
current licenses under this Act, to each receive adequate
compensation for concurrently rendering professional
services to a patient and divide a fee; provided, the
patient has full knowledge of the division, and, provided,
that the division is made in proportion to the services
performed and responsibility assumed by each.
(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

HB2407 - 14 - LRB096 10055 RPM 20220 b
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
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.

HB2407 - 15 - LRB096 10055 RPM 20220 b
(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.
(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

HB2407 - 16 - LRB096 10055 RPM 20220 b
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.
(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.

HB2407 - 17 - LRB096 10055 RPM 20220 b
(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.
(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 transfer 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.

HB2407 - 18 - LRB096 10055 RPM 20220 b
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
nurses resulting in an inability to adequately collaborate
and provide medical direction.
(43) Repeated failure to adequately collaborate with
or provide medical direction to a licensed advanced
practice nurse.
(44) Violating any provision of the Internet
Prescribing Prohibition Act.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred or a report pursuant to Section 23 of this Act
received within the 10-year period preceding the filing of the

HB2407 - 19 - LRB096 10055 RPM 20220 b
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the 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

HB2407 - 20 - LRB096 10055 RPM 20220 b
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the 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

HB2407 - 21 - LRB096 10055 RPM 20220 b
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
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

HB2407 - 22 - LRB096 10055 RPM 20220 b
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
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

HB2407 - 23 - LRB096 10055 RPM 20220 b
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
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.

HB2407 - 24 - LRB096 10055 RPM 20220 b
(Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05;
95-331, eff. 8-21-07.)
Section 100. The Nurse Practice Act is amended by changing
Section 70-5 as follows:
(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70-5. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 per
violation, with regard to a license for any one or combination
of the causes set forth in subsection (b) below. All fines
collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the following:
(1) Material deception in furnishing information to
the Department.
(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

HB2407 - 25 - LRB096 10055 RPM 20220 b
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony; or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules.
(6) Failing, within 90 days, to provide a response to a
request for information in response to a written request
made by the Department by certified mail.
(7) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public, as defined by rule.
(8) Unlawful taking, theft, selling, distributing, or
manufacturing of any drug, narcotic, or prescription
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

HB2407 - 26 - LRB096 10055 RPM 20220 b
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth in this Section.
(11) A finding that the licensee, after having her or
his license placed on probationary status or subject to
conditions or restrictions, has violated the terms of
probation or failed to comply with such terms or
conditions.
(12) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
and under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(13) Willful omission to file or record, or willfully
impeding the filing or recording or inducing another person
to omit to file or record medical reports as required by
law or willfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and
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

HB2407 - 27 - LRB096 10055 RPM 20220 b
any adverse final action taken against him or her by
another licensing jurisdiction of the United States or any
foreign state or country, any peer review body, any health
care institution, any professional or nursing society or
association, any governmental agency, any law enforcement
agency, or any court or a nursing liability claim related
to acts or conduct similar to acts or conduct that would
constitute grounds for action as defined in this Section.
(17) Failure of a licensee to report to the Department
surrender by the licensee of a license or authorization to
practice nursing or advanced practice nursing in another
state or jurisdiction or current surrender by the licensee
of membership on any nursing staff or in any nursing or
advanced practice nursing or professional association or
society while under disciplinary investigation by any of
those authorities or bodies for acts or conduct similar to
acts or conduct that would constitute grounds for action as
defined by this Section.
(18) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(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

HB2407 - 28 - LRB096 10055 RPM 20220 b
licensees' license to deceive the public.
(22) Willfully making or filing false records or
reports in the licensee's practice, including but not
limited to false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(23) Attempting to subvert or cheat on a licensing
examination administered under this Act.
(24) Immoral conduct in the commission of an act,
including, but not limited to, sexual abuse, sexual
misconduct, or sexual exploitation, related to the
licensee's practice.
(25) Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.
(26) Practicing under a false or assumed name, except
as provided by law.
(27) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
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.
(29) A violation of the Health Care Worker

HB2407 - 29 - LRB096 10055 RPM 20220 b
Self-Referral Act.
(30) Physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(31) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
his or her collaborating physician or 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

HB2407 - 30 - LRB096 10055 RPM 20220 b
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.
(38) Violating any provision of the Internet
Prescribing Prohibition Act.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(d) The Department may refuse to issue or may suspend or
otherwise discipline the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by
the Department of Revenue, until such time as the requirements
of any such tax Act are satisfied.
(e) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual

HB2407 - 31 - LRB096 10055 RPM 20220 b
licensed to practice under this Act or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall result in an automatic suspension without
hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice nurse with specialty
certification in addictions may be grounds for an automatic
suspension, as defined by rule.
If the Department or Board finds an individual unable to
practice or unfit for duty because of the reasons set forth in
this Section, the Department or Board may require that
individual to submit to a substance abuse evaluation or

HB2407 - 32 - LRB096 10055 RPM 20220 b
treatment by individuals or programs approved or designated by
the Department or Board, as a condition, term, or restriction
for continued, reinstated, or renewed licensure to practice;
or, in lieu of evaluation or treatment, the Department may
file, or the Board may recommend to the Department to file, a
complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined or supervised subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the Secretary
for a determination as to whether the individual shall have his
or her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance

HB2407 - 33 - LRB096 10055 RPM 20220 b
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.)
Section 105. The Illinois Optometric Practice Act of 1987
is amended by changing Section 24 as follows:
(225 ILCS 80/24) (from Ch. 111, par. 3924)
(Section scheduled to be repealed on January 1, 2017)
Sec. 24. 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 action as the Department may deem proper,
including fines not to exceed $10,000 for each violation, with
regard to any license for any one or combination of the
following causes:
(1) Violations of this Act, or of the rules promulgated
hereunder.
(2) Conviction of or entry of a plea of guilty to any
crime under the laws of any U.S. jurisdiction thereof that
is a felony or that is a misdemeanor of which an essential
element is dishonesty, or any crime that is directly
related to the practice of the profession.
(3) Making any misrepresentation for the purpose of
obtaining a license.
(4) Professional incompetence or gross negligence in

HB2407 - 34 - LRB096 10055 RPM 20220 b
the practice of optometry.
(5) Gross malpractice, prima facie evidence of which
may be a conviction or judgment of malpractice in any court
of competent jurisdiction.
(6) Aiding or assisting another person in violating any
provision of this Act or rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department that
has been sent by certified or registered mail to the
licensee's last known address.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants or any other chemical agent or drug
that results in the 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 herein.
(11) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional services not actually or personally
rendered. This shall not be deemed to include (i) rent or

HB2407 - 35 - LRB096 10055 RPM 20220 b
other remunerations paid to an individual, partnership, or
corporation by an optometrist for the lease, rental, or use
of space, owned or controlled, by the individual,
partnership, corporation or association, and (ii) the
division of fees between an optometrist and related
professional service providers with whom the optometrist
practices in a professional corporation organized under
Section 3.6 of the Professional Service Corporation Act.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, 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.
(17) Solicitation of professional services other than
permitted advertising.
(18) Failure to provide a patient with a copy of his or

HB2407 - 36 - LRB096 10055 RPM 20220 b
her record or prescription in accordance with federal law.
(19) Conviction by any court of competent
jurisdiction, either within or without this State, of any
violation of any law governing the practice of optometry,
conviction in this or another State of any crime that is a
felony under the laws of this State or conviction of a
felony in a federal court, if the Department determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust.
(20) A finding that licensure has been applied for or
obtained by fraudulent means.
(21) Continued practice by a person knowingly having an
infectious or contagious disease.
(22) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or a
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(23) Practicing or attempting to practice under a name
other than the full name as shown on his or her license.
(24) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct or sexual exploitation,
related to the licensee's practice.
(25) Maintaining a professional relationship with any

HB2407 - 37 - LRB096 10055 RPM 20220 b
person, firm, or corporation when the optometrist knows, or
should know, that such person, firm, or corporation is
violating this Act.
(26) Promotion of the sale of drugs, devices,
appliances or goods provided for a client or patient in
such manner as to exploit the patient or client for
financial gain of the licensee.
(27) Using the title "Doctor" or its abbreviation
without further qualifying that title or abbreviation with
the word "optometry" or "optometrist".
(28) Use by a licensed optometrist of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the place
where optometry may be practiced or demonstrated.
(29) Continuance of an optometrist in the employ of any
person, firm or corporation, or as an assistant to any
optometrist or optometrists, directly or indirectly, after
his or her employer or superior has been found guilty of
violating or has been enjoined from violating the laws of
the State of Illinois relating to the practice of
optometry, when the employer or superior persists in that
violation.
(30) The performance of optometric service in
conjunction with a scheme or plan with another person, firm
or corporation known to be advertising in a manner contrary
to this Act or otherwise violating the laws of the State of

HB2407 - 38 - LRB096 10055 RPM 20220 b
Illinois concerning the practice of optometry.
(31) Failure to provide satisfactory proof of having
participated in approved continuing education programs as
determined by the Board and approved by the Secretary.
Exceptions for extreme hardships are to be defined by the
rules of the Department.
(32) Willfully making or filing false records or
reports in the practice of optometry, 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.
(33) Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including, but
not limited to filing 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.
(34) In the absence of good reasons to the contrary,
failure to perform a minimum eye examination as required by
the rules of the Department.
(35) Violation of the Health Care Worker Self-Referral
Act.
(36) Violating any provision of the Internet

HB2407 - 39 - LRB096 10055 RPM 20220 b
Prescribing Prohibition Act.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of the tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(a-5) In enforcing this Section, the 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
certification 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 physicians or clinical
psychologists shall be those specifically designated by the
Board. The Board or the Department may order the examining
physician or clinical psychologist 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 communications
between the licensee or applicant and the examining physician
or clinical psychologist. Eye examinations may be provided by a
licensed optometrist. 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 a mental or physical

HB2407 - 40 - LRB096 10055 RPM 20220 b
examination, when directed, shall be grounds for suspension of
a license until such time as the individual submits to the
examination if the Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause.
If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board shall
require such individual to submit to care, counseling, or
treatment by physicians or clinical psychologists approved or
designated by the Board, as a condition, term, or restriction
for continued, reinstated, or renewed licensure to practice, or
in lieu of care, counseling, or treatment, the Board may
recommend to the Department to file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the
individual, or the Board may recommend to the Department to
file a complaint to suspend, revoke, or otherwise discipline
the license of the individual. Any individual whose license was
granted pursuant to this Act, or continued, reinstated,
renewed, disciplined, or supervised, subject to such
conditions, terms, or restrictions, who shall fail to comply
with such conditions, terms, 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 Board.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as

HB2407 - 41 - LRB096 10055 RPM 20220 b
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient; and
upon the recommendation of the Board to the Secretary that the
licensee be allowed to resume his or her practice.
(Source: P.A. 94-787, eff. 5-19-06.)
Section 110. The Physician Assistant Practice Act of 1987
is amended by changing Section 21 as follows:
(225 ILCS 95/21) (from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2018)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, censure or reprimand, or
take other disciplinary or non-disciplinary action with regard
to any license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the following
causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or the rules adopted under
this Act.

HB2407 - 42 - LRB096 10055 RPM 20220 b
(3) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or that
is a misdemeanor of which an essential element is
dishonesty or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating any
provision of this Act or its rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a physician assistant's inability to
practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
discipline is the same or substantially equivalent to those
set forth in this Section.
(11) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association

HB2407 - 43 - LRB096 10055 RPM 20220 b
any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered.
(12) A finding by the Disciplinary Board that the
licensee, after having his or her license placed on
probationary status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but
not limited to, deterioration through the aging process or
loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) (Blank).

HB2407 - 44 - LRB096 10055 RPM 20220 b
(19) Gross negligence resulting in permanent injury or
death of a patient.
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician
assistant.
(21) Exceeding the authority delegated to him or her by
his or her supervising physician in guidelines established
by the physician/physician assistant team.
(22) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct or sexual exploitation
related to the licensee's practice.
(23) Violation of the Health Care Worker Self-Referral
Act.
(24) Practicing under a false or assumed name, except
as provided by law.
(25) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the course
of treatment.
(26) Allowing another person to use his or her license
to practice.
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically-accepted therapeutic
purposes.

HB2407 - 45 - LRB096 10055 RPM 20220 b
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances or other legend drugs.
(31) Exceeding the limited prescriptive authority
delegated by the supervising physician or violating the
written guidelines delegating that authority.
(32) Practicing without providing to the Department a
notice of supervision or delegation of prescriptive
authority.
(33) Violating any provision of the Internet
Prescribing Prohibition Act.
(b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by
the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities

HB2407 - 46 - LRB096 10055 RPM 20220 b
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient, and
upon the recommendation of the Disciplinary Board to the
Secretary that the licensee be allowed to resume his or her
practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department may order the examining physician to
present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. Failure of an individual to submit to a mental or
physical examination, when directed, shall be grounds for
suspension of his or her license until the individual submits
to the examination if the Department finds, after notice and
hearing, that the refusal to submit to the examination was

HB2407 - 47 - LRB096 10055 RPM 20220 b
without reasonable cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or, in
lieu of care, counseling, or treatment, the Department may file
a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the Secretary
for a determination as to whether the individual shall have his
or her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.

HB2407 - 48 - LRB096 10055 RPM 20220 b
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 95-703, eff. 12-31-07.)
Section 115. The Podiatric Medical Practice Act of 1987 is
amended by changing Section 24 as follows:
(225 ILCS 100/24) (from Ch. 111, par. 4824)
(Section scheduled to be repealed on January 1, 2018)
Sec. 24. Grounds for disciplinary action. The Department
may refuse to issue, may refuse to renew, may refuse to
restore, may suspend, or may revoke any license, or may place
on probation, reprimand or take other disciplinary or
non-disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation upon
anyone licensed under this Act for any of the following
reasons:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violations of this Act, or of the rules or
regulations promulgated hereunder.
(3) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of

HB2407 - 49 - LRB096 10055 RPM 20220 b
the United States or any state or territory of the United
States that is a misdemeanor, of which an essential element
is dishonesty, or of any crime that is directly related to
the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or the rules promulgated thereunder pertaining to
advertising.
(5) Professional incompetence.
(6) Gross or repeated malpractice or negligence.
(7) Aiding or assisting another person in violating any
provision of this Act or rules.
(8) Failing, within 30 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(10) Habitual or excessive use of alcohol, narcotics,
stimulants or other chemical agent or drug that results in
the inability to practice podiatric medicine with
reasonable judgment, skill or safety.
(11) Discipline by another United States jurisdiction
if at least one of the grounds for the discipline is the
same or substantially equivalent to those set forth in this
Section.
(12) Directly or indirectly giving to or receiving from

HB2407 - 50 - LRB096 10055 RPM 20220 b
any person, firm, corporation, partnership or association
any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered. This shall not be deemed to include rent or other
remunerations paid to an individual, partnership, or
corporation, by a licensee, for the lease, rental or use of
space, owned or controlled, by the individual, partnership
or corporation.
(13) A finding by the Podiatric Medical Licensing Board
that the licensee, after having his or her license placed
on probationary status, has violated the terms of
probation.
(14) Abandonment of a patient.
(15) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Report Act.
(17) Physical illness, mental illness, or other
impairment, including but not limited to, deterioration
through the aging process, or loss of motor skill that
results in the inability to practice the profession with
reasonable judgment, skill or safety.
(18) Solicitation of professional services other than
permitted advertising.

HB2407 - 51 - LRB096 10055 RPM 20220 b
(19) The determination by a circuit court that a
licensed podiatric physician is subject to involuntary
admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and issues an
order so finding and discharging the patient; and upon the
recommendation of the Podiatric Medical Licensing Board to
the Secretary that the licensee be allowed to resume his or
her practice.
(20) Holding oneself out to treat human ailments under
any name other than his or her own, or the impersonation of
any other physician.
(21) Revocation or suspension or other action taken
with respect to a podiatric medical license in another
jurisdiction that would constitute disciplinary action
under this Act.
(22) 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
podiatric physician.
(23) Gross, willful, and continued overcharging for
professional services including filing false statements
for collection of fees for those services, including, but
not limited to, filing false statement for collection of

HB2407 - 52 - LRB096 10055 RPM 20220 b
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 or other private or public
third party payor.
(24) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(25) Willfully making or filing false records or
reports in the practice of podiatric medicine, 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.
(26) (Blank).
(27) Immoral conduct in the commission of any act
including, sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(28) Violation of the Health Care Worker Self-Referral
Act.
(29) Failure to report to the Department any adverse
final action taken against him or her by another licensing

HB2407 - 53 - LRB096 10055 RPM 20220 b
jurisdiction (another state or a territory of the United
States or a foreign state or country) by a peer review
body, by any health care institution, by a professional
society or association related to practice under this Act,
by a governmental agency, by a law enforcement agency, or
by a court for acts or conduct similar to acts or conduct
that would constitute grounds for action as defined in this
Section.
(30) Violating any provision of the Internet
Prescribing Prohibition Act.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
Upon receipt of a written communication from the Secretary
of Human Services, the Director of Healthcare and Family
Services (formerly Director of Public Aid), or the Director of
Public Health that continuation of practice of a person
licensed under this Act constitutes an immediate danger to the
public, the Secretary may immediately suspend the license of
such person without a hearing. 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

HB2407 - 54 - LRB096 10055 RPM 20220 b
Board within 15 days after such suspension and completed
without appreciable delay, such hearing held to determine
whether to recommend to the Secretary that the person's license
be revoked, suspended, placed on probationary status or
reinstated, or such person be subject to other disciplinary
action. In such hearing, the written communication and any
other evidence submitted therewith may be introduced as
evidence against such person; provided, however, the person or
his counsel shall have the opportunity to discredit or impeach
such evidence and submit evidence rebutting the same.
Except for fraud in procuring a license, all proceedings to
suspend, revoke, place on probationary status, or take any
other disciplinary action as the Department may deem proper,
with regard to a license on any of the foregoing grounds, must
be commenced within 5 years after receipt by the Department of
a complaint alleging the commission of or notice of the
conviction order for any of the acts described in this Section.
Except for the grounds set forth in items (8), (9), (26), and
(29) of this Section, no action shall be commenced more than 10
years after the date of the incident or act alleged to have
been a violation of 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

HB2407 - 55 - LRB096 10055 RPM 20220 b
Department shall have an additional period of 2 years from the
date of notification to the Department under Section 26 of this
Act of such settlement or final judgment in which to
investigate and commence formal disciplinary proceedings under
Section 24 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.
In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license

HB2407 - 56 - LRB096 10055 RPM 20220 b
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians 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 care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 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

HB2407 - 57 - LRB096 10055 RPM 20220 b
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 or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 95-235, eff. 8-17-07; 95-331, eff. 8-21-07.)
Section 120. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Section 25 as follows:
(225 ILCS 115/25) (from Ch. 111, par. 7025)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25. Disciplinary actions.
1. The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem appropriate,
including fines not to exceed $1,000 for each violation, with
regard to any license or certificate for any one or combination
of the following:
A. Material misstatement in furnishing information to
the Department.
B. Violations of this Act, or of the rules promulgated
under this Act.

HB2407 - 58 - LRB096 10055 RPM 20220 b
C. Conviction of any crime under the laws of the United
States or any state or territory of the United States that
is a felony or that is a misdemeanor, an essential element
of which is dishonesty, or of any crime that is directly
related to the practice of the profession.
D. Making any misrepresentation for the purpose of
obtaining licensure or certification, or violating any
provision of this Act or the rules promulgated under this
Act pertaining to advertising.
E. Professional incompetence.
F. Gross malpractice.
G. Aiding or assisting another person in violating any
provision of this Act or rules.
H. Failing, within 60 days, to provide information in
response to a written request made by the Department.
I. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
J. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
K. Discipline by another state, District of Columbia,
territory, or foreign nation, if at least one of the
grounds for the discipline is the same or substantially
equivalent to those set forth herein.

HB2407 - 59 - LRB096 10055 RPM 20220 b
L. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership or association
any fee, commission, rebate or other form of compensation
for professional services not actually or personally
rendered.
M. A finding by the Board that the licensee or
certificate holder, after having his license or
certificate placed on probationary status, has violated
the terms of probation.
N. Willfully making or filing false records or reports
in his practice, including but not limited to false records
filed with State agencies or departments.
O. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgement, skill or safety.
P. Solicitation of professional services other than
permitted advertising.
Q. Having professional connection with or lending
one's name, directly or indirectly, to any illegal
practitioner of veterinary medicine and surgery and the
various branches thereof.
R. Conviction of or cash compromise of a charge or
violation of the Harrison Act or the Illinois Controlled
Substances Act, regulating narcotics.
S. Fraud or dishonesty in applying, treating, or

HB2407 - 60 - LRB096 10055 RPM 20220 b
reporting on tuberculin or other biological tests.
T. Failing to report, as required by law, or making
false report of any contagious or infectious diseases.
U. Fraudulent use or misuse of any health certificate,
shipping certificate, brand inspection certificate, or
other blank forms used in practice that might lead to the
dissemination of disease or the transportation of diseased
animals dead or alive; or dilatory methods, willful
neglect, or misrepresentation in the inspection of milk,
meat, poultry, and the by-products thereof.
V. Conviction on a charge of cruelty to animals.
W. Failure to keep one's premises and all equipment
therein in a clean and sanitary condition.
X. Failure to provide satisfactory proof of having
participated in approved continuing education programs.
Y. Failure to (i) file a return, (ii) pay the tax,
penalty, or interest shown in a filed return, or (iii) pay
any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until the requirements of that tax
Act are satisfied.
Z. Conviction by any court of competent jurisdiction,
either within or outside this State, of any violation of
any law governing the practice of veterinary medicine, if
the Department determines, after investigation, that the
person has not been sufficiently rehabilitated to warrant

HB2407 - 61 - LRB096 10055 RPM 20220 b
the public trust.
AA. Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner
to exploit the client for financial gain of the
veterinarian.
BB. Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.
CC. Practicing under a false or, except as provided by
law, an assumed name.
DD. 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.
EE. Cheating on or attempting to subvert the licensing
examination administered under this Act.
FF. Using, prescribing, or selling a prescription drug
or the extra-label use of a prescription drug by any means
in the absence of a valid veterinarian-client-patient
relationship.
GG. Failing to report a case of suspected aggravated
cruelty, torture, or animal fighting pursuant to Section
3.07 or 4.01 of the Humane Care for Animals Act or Section
26-5 of the Criminal Code of 1961.
HH. Violating any provision of the Internet
Prescribing Prohibition Act.
2. The determination by a circuit court that a licensee or

HB2407 - 62 - LRB096 10055 RPM 20220 b
certificate holder is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient; and upon the recommendation of the
Board to the Director that the licensee or certificate holder
be allowed to resume his practice.
3. 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 or
certificate on any of the foregoing grounds, must be commenced
within 3 years after receipt by the Department of a complaint
alleging the commission of or notice of the conviction order
for any of the acts described in this Section. Except for
proceedings brought for violations of items (CC), (DD), or
(EE), 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, the
claim, cause of action, or civil action being grounded on the
allegation that a person licensed or certified under this Act
was negligent in providing care, the Department shall have an
additional period of one year from the date of the settlement

HB2407 - 63 - LRB096 10055 RPM 20220 b
or final judgment in which to investigate and begin formal
disciplinary proceedings under Section 25.2 of this Act, except
as otherwise provided by law. The time during which the holder
of the license or certificate was outside the State of Illinois
shall not be included within any period of time limiting the
commencement of disciplinary action by the Department.
4. The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied as determined by the Department
of Revenue.
5. In enforcing this Section, the Board, upon a showing of
a possible violation, may compel a licensee or applicant to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The examining
physicians or clinical psychologists shall be those
specifically designated by the Board. The Board or the
Department may order (i) the examining physician to present
testimony concerning the mental or physical examination of a
licensee or applicant or (ii) the examining clinical
psychologist to present testimony concerning the mental
examination of a licensee or applicant. No information shall be
excluded by reason of any common law or statutory privilege

HB2407 - 64 - LRB096 10055 RPM 20220 b
relating to communications between a licensee or applicant and
the examining physician or clinical psychologist. An
individual to be examined may have, at his or her own expense,
another physician or clinical psychologist of his or her choice
present during all aspects of the examination. Failure of an
individual to submit to a mental or physical examination, when
directed, is grounds for suspension of his or her license. The
license must remain suspended until the person submits to the
examination or the Board finds, after notice and hearing, that
the refusal to submit to the examination was with reasonable
cause.
If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board must
require the individual to submit to care, counseling, or
treatment by a physician or clinical psychologist approved by
the Board, as a condition, term, or restriction for continued,
reinstated, or renewed licensure to practice. In lieu of care,
counseling, or treatment, the Board may recommend that the
Department file a complaint to immediately suspend or revoke
the license of the individual or otherwise discipline the
licensee.
Any individual whose license was granted, continued,
reinstated, or renewed subject to conditions, terms, or
restrictions, as provided for in this Section, or any
individual who was disciplined or placed on supervision
pursuant to this Section must be referred to the Director for a

HB2407 - 65 - LRB096 10055 RPM 20220 b
determination as to whether the person shall have his or her
license suspended immediately, pending a hearing by the Board.
(Source: P.A. 93-281, eff. 12-31-03.)