Bill Text: IL HB2975 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Medical Practice Act of 1987. Provides for the licensure of anesthesiologist assistants by the Department of Financial and Professional Regulation. Sets forth provisions concerning qualifications, grounds for disciplinary action, and administrative procedures. Makes conforming changes throughout the Act and in the Ambulatory Surgical Treatment Center Act and the Hospital Licensing Act. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HB2975 Detail]

Download: Illinois-2017-HB2975-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2975

Introduced , by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:
See Index

Amends the Medical Practice Act of 1987. Provides for the licensure of anesthesiologist assistants by the Department of Financial and Professional Regulation. Sets forth provisions concerning qualifications, grounds for disciplinary action, and administrative procedures. Makes conforming changes throughout the Act and in the Ambulatory Surgical Treatment Center Act and the Hospital Licensing Act. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Ambulatory Surgical Treatment Center Act is
5amended by changing Section 6.5 as follows:
6 (210 ILCS 5/6.5)
7 Sec. 6.5. Clinical privileges; advanced practice nurses.
8All ambulatory surgical treatment centers (ASTC) licensed
9under this Act shall comply with the following requirements:
10 (1) No ASTC policy, rule, regulation, or practice shall
11 be inconsistent with the provision of adequate
12 collaboration and consultation in accordance with Section
13 54.5 of the Medical Practice Act of 1987.
14 (2) Operative surgical procedures shall be performed
15 only by a physician licensed to practice medicine in all
16 its branches under the Medical Practice Act of 1987, a
17 dentist licensed under the Illinois Dental Practice Act, or
18 a podiatric physician licensed under the Podiatric Medical
19 Practice Act of 1987, with medical staff membership and
20 surgical clinical privileges granted by the consulting
21 committee of the ASTC. A licensed physician, dentist, or
22 podiatric physician may be assisted by a physician licensed
23 to practice medicine in all its branches, dentist, dental

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1 assistant, podiatric physician, licensed advanced practice
2 nurse, licensed physician assistant, licensed registered
3 nurse, licensed practical nurse, licensed anesthesiologist
4 assistant, surgical assistant, surgical technician, or
5 other individuals granted clinical privileges to assist in
6 surgery by the consulting committee of the ASTC. Payment
7 for services rendered by an assistant in surgery who is not
8 an ambulatory surgical treatment center employee shall be
9 paid at the appropriate non-physician modifier rate if the
10 payor would have made payment had the same services been
11 provided by a physician.
12 (2.5) A registered nurse licensed under the Nurse
13 Practice Act and qualified by training and experience in
14 operating room nursing shall be present in the operating
15 room and function as the circulating nurse during all
16 invasive or operative procedures. For purposes of this
17 paragraph (2.5), "circulating nurse" means a registered
18 nurse who is responsible for coordinating all nursing care,
19 patient safety needs, and the needs of the surgical team in
20 the operating room during an invasive or operative
21 procedure.
22 (3) An advanced practice nurse is not required to
23 possess prescriptive authority or a written collaborative
24 agreement meeting the requirements of the Nurse Practice
25 Act to provide advanced practice nursing services in an
26 ambulatory surgical treatment center. An advanced practice

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1 nurse must possess clinical privileges granted by the
2 consulting medical staff committee and ambulatory surgical
3 treatment center in order to provide services. Individual
4 advanced practice nurses may also be granted clinical
5 privileges to order, select, and administer medications,
6 including controlled substances, to provide delineated
7 care. The attending physician must determine the advanced
8 practice nurse's role in providing care for his or her
9 patients, except as otherwise provided in the consulting
10 staff policies. The consulting medical staff committee
11 shall periodically review the services of advanced
12 practice nurses granted privileges.
13 (4) The anesthesia service shall be under the direction
14 of a physician licensed to practice medicine in all its
15 branches who has had specialized preparation or experience
16 in the area or who has completed a residency in
17 anesthesiology. An anesthesiologist, Board certified or
18 Board eligible, is recommended. Anesthesia services may
19 only be administered pursuant to the order of a physician
20 licensed to practice medicine in all its branches, licensed
21 dentist, or licensed podiatric physician.
22 (A) The individuals who, with clinical privileges
23 granted by the medical staff and ASTC, may administer
24 anesthesia services are limited to the following:
25 (i) an anesthesiologist; or
26 (ii) a physician licensed to practice medicine

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1 in all its branches; or
2 (iii) a dentist with authority to administer
3 anesthesia under Section 8.1 of the Illinois
4 Dental Practice Act; or
5 (iv) a licensed certified registered nurse
6 anesthetist; or
7 (v) a podiatric physician licensed under the
8 Podiatric Medical Practice Act of 1987; or .
9 (vi) a licensed anesthesiologist assistant
10 under the supervision of an anesthesiologist.
11 (B) For anesthesia services, an anesthesiologist
12 shall participate through discussion of and agreement
13 with the anesthesia plan and shall remain physically
14 present and be available on the premises during the
15 delivery of anesthesia services for diagnosis,
16 consultation, and treatment of emergency medical
17 conditions. In the absence of 24-hour availability of
18 anesthesiologists with clinical privileges, an
19 alternate policy (requiring participation, presence,
20 and availability of a physician licensed to practice
21 medicine in all its branches) shall be developed by the
22 medical staff consulting committee in consultation
23 with the anesthesia service and included in the medical
24 staff consulting committee policies.
25 (C) A certified registered nurse anesthetist is
26 not required to possess prescriptive authority or a

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1 written collaborative agreement meeting the
2 requirements of Section 65-35 of the Nurse Practice Act
3 to provide anesthesia services ordered by a licensed
4 physician, dentist, or podiatric physician. Licensed
5 certified registered nurse anesthetists are authorized
6 to select, order, and administer drugs and apply the
7 appropriate medical devices in the provision of
8 anesthesia services under the anesthesia plan agreed
9 with by the anesthesiologist or, in the absence of an
10 available anesthesiologist with clinical privileges,
11 agreed with by the operating physician, operating
12 dentist, or operating podiatric physician in
13 accordance with the medical staff consulting committee
14 policies of a licensed ambulatory surgical treatment
15 center.
16(Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)
17 Section 10. The Hospital Licensing Act is amended by
18changing Section 10.7 as follows:
19 (210 ILCS 85/10.7)
20 Sec. 10.7. Clinical privileges; advanced practice nurses.
21All hospitals licensed under this Act shall comply with the
22following requirements:
23 (1) No hospital policy, rule, regulation, or practice
24 shall be inconsistent with the provision of adequate

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1 collaboration and consultation in accordance with Section
2 54.5 of the Medical Practice Act of 1987.
3 (2) Operative surgical procedures shall be performed
4 only by a physician licensed to practice medicine in all
5 its branches under the Medical Practice Act of 1987, a
6 dentist licensed under the Illinois Dental Practice Act, or
7 a podiatric physician licensed under the Podiatric Medical
8 Practice Act of 1987, with medical staff membership and
9 surgical clinical privileges granted at the hospital. A
10 licensed physician, dentist, or podiatric physician may be
11 assisted by a physician licensed to practice medicine in
12 all its branches, dentist, dental assistant, podiatric
13 physician, licensed advanced practice nurse, licensed
14 physician assistant, licensed registered nurse, licensed
15 practical nurse, licensed anesthesiologist assistant,
16 surgical assistant, surgical technician, or other
17 individuals granted clinical privileges to assist in
18 surgery at the hospital. Payment for services rendered by
19 an assistant in surgery who is not a hospital employee
20 shall be paid at the appropriate non-physician modifier
21 rate if the payor would have made payment had the same
22 services been provided by a physician.
23 (2.5) A registered nurse licensed under the Nurse
24 Practice Act and qualified by training and experience in
25 operating room nursing shall be present in the operating
26 room and function as the circulating nurse during all

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1 invasive or operative procedures. For purposes of this
2 paragraph (2.5), "circulating nurse" means a registered
3 nurse who is responsible for coordinating all nursing care,
4 patient safety needs, and the needs of the surgical team in
5 the operating room during an invasive or operative
6 procedure.
7 (3) An advanced practice nurse is not required to
8 possess prescriptive authority or a written collaborative
9 agreement meeting the requirements of the Nurse Practice
10 Act to provide advanced practice nursing services in a
11 hospital. An advanced practice nurse must possess clinical
12 privileges recommended by the medical staff and granted by
13 the hospital in order to provide services. Individual
14 advanced practice nurses may also be granted clinical
15 privileges to order, select, and administer medications,
16 including controlled substances, to provide delineated
17 care. The attending physician must determine the advanced
18 practice nurse's role in providing care for his or her
19 patients, except as otherwise provided in medical staff
20 bylaws. The medical staff shall periodically review the
21 services of advanced practice nurses granted privileges.
22 This review shall be conducted in accordance with item (2)
23 of subsection (a) of Section 10.8 of this Act for advanced
24 practice nurses employed by the hospital.
25 (4) The anesthesia service shall be under the direction
26 of a physician licensed to practice medicine in all its

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1 branches who has had specialized preparation or experience
2 in the area or who has completed a residency in
3 anesthesiology. An anesthesiologist, Board certified or
4 Board eligible, is recommended. Anesthesia services may
5 only be administered pursuant to the order of a physician
6 licensed to practice medicine in all its branches, licensed
7 dentist, or licensed podiatric physician.
8 (A) The individuals who, with clinical privileges
9 granted at the hospital, may administer anesthesia
10 services are limited to the following:
11 (i) an anesthesiologist; or
12 (ii) a physician licensed to practice medicine
13 in all its branches; or
14 (iii) a dentist with authority to administer
15 anesthesia under Section 8.1 of the Illinois
16 Dental Practice Act; or
17 (iv) a licensed certified registered nurse
18 anesthetist; or
19 (v) a podiatric physician licensed under the
20 Podiatric Medical Practice Act of 1987; or .
21 (vi) a licensed anesthesiologist assistant
22 under the supervision of an anesthesiologist.
23 (B) For anesthesia services, an anesthesiologist
24 shall participate through discussion of and agreement
25 with the anesthesia plan and shall remain physically
26 present and be available on the premises during the

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1 delivery of anesthesia services for diagnosis,
2 consultation, and treatment of emergency medical
3 conditions. In the absence of 24-hour availability of
4 anesthesiologists with medical staff privileges, an
5 alternate policy (requiring participation, presence,
6 and availability of a physician licensed to practice
7 medicine in all its branches) shall be developed by the
8 medical staff and licensed hospital in consultation
9 with the anesthesia service.
10 (C) A certified registered nurse anesthetist is
11 not required to possess prescriptive authority or a
12 written collaborative agreement meeting the
13 requirements of Section 65-35 of the Nurse Practice Act
14 to provide anesthesia services ordered by a licensed
15 physician, dentist, or podiatric physician. Licensed
16 certified registered nurse anesthetists are authorized
17 to select, order, and administer drugs and apply the
18 appropriate medical devices in the provision of
19 anesthesia services under the anesthesia plan agreed
20 with by the anesthesiologist or, in the absence of an
21 available anesthesiologist with clinical privileges,
22 agreed with by the operating physician, operating
23 dentist, or operating podiatric physician in
24 accordance with the hospital's alternative policy.
25(Source: P.A. 98-214, eff. 8-9-13; 99-642, eff. 7-28-16.)

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1 Section 15. The Medical Practice Act of 1987 is amended by
2changing Sections 2, 3, 3.5, 9, 9.3, 11, 12, 19, 20, 21, 22,
322.2, 23, 25, 26, 27, 33, 35, 36, 37, 38, 41, 42, 46, 47, 48,
449, 49.5, and 61 and by adding Sections 4.5, 8.5, 9.1, 11.3,
511.5, 19.5, 21.3, 21.5, 21.7, 21.9, 22.1, 28.3, 28.5, 37.5,
639.5, and 59.5 as follows:
7 (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
8 (Section scheduled to be repealed on December 31, 2017)
9 Sec. 2. Definitions. For purposes of this Act, the
10following definitions shall have the following meanings,
11except where the context requires otherwise:
12 "Act" means the Medical Practice Act of 1987.
13 "Address of record" means the designated address recorded
14by the Department in the applicant's or licensee's application
15file or license file as maintained by the Department's
16licensure maintenance unit. It is the duty of the applicant or
17licensee to inform the Department of any change of address and
18those changes must be made either through the Department's
19website or by contacting the Department.
20 "Anesthesiologist" means a physician licensed to practice
21medicine in all its branches by the Department who has
22completed a residency in anesthesiology approved by the
23American Board of Anesthesiology or the American Osteopathic
24Board of Anesthesiology, or foreign equivalent, holds an
25unrestricted license, and is actively engaged in clinical

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1practice.
2 "Anesthesiologist assistant" means an individual licensed
3by the Department to assist in the delivery of medical care,
4including anesthesia services under the supervision of an
5anesthesiologist.
6 "Chiropractic physician" means a person licensed to treat
7human ailments without the use of drugs and without operative
8surgery. Nothing in this Act shall be construed to prohibit a
9chiropractic physician from providing advice regarding the use
10of non-prescription products or from administering atmospheric
11oxygen. Nothing in this Act shall be construed to authorize a
12chiropractic physician to prescribe drugs.
13 "Department" means the Department of Financial and
14Professional Regulation.
15 "Disciplinary Action" means revocation, suspension,
16probation, supervision, practice modification, reprimand,
17required education, fines or any other action taken by the
18Department against a person holding a license.
19 "Disciplinary Board" means the Medical Disciplinary Board.
20 "Final Determination" means the governing body's final
21action taken under the procedure followed by a health care
22institution, or professional association or society, against
23any person licensed under the Act in accordance with the bylaws
24or rules and regulations of such health care institution, or
25professional association or society.
26 "Fund" means the Medical Disciplinary Fund.

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1 "Impaired" means the inability to practice medicine with
2reasonable skill and safety due to physical or mental
3disabilities as evidenced by a written determination or written
4consent based on clinical evidence including deterioration
5through the aging process or loss of motor skill, or abuse of
6drugs or alcohol, of sufficient degree to diminish a person's
7ability to deliver competent patient care.
8 "Licensing Board" means the Medical Licensing Board.
9 "Physician" means a person licensed under the Medical
10Practice Act to practice medicine in all of its branches or a
11chiropractic physician.
12 "Professional Association" means an association or society
13of persons licensed under this Act, and operating within the
14State of Illinois, including but not limited to, medical
15societies, osteopathic organizations, and chiropractic
16organizations, but this term shall not be deemed to include
17hospital medical staffs.
18 "Program of Care, Counseling, or Treatment" means a written
19schedule of organized treatment, care, counseling, activities,
20or education, satisfactory to the Disciplinary Board, designed
21for the purpose of restoring an impaired person to a condition
22whereby the impaired person can practice medicine with
23reasonable skill and safety of a sufficient degree to deliver
24competent patient care.
25 "Reinstate" means to change the status of a license from
26inactive or nonrenewed status to active status.

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1 "Restore" means to remove an encumbrance from a license due
2to probation, suspension, or revocation.
3 "Secretary" means the Secretary of the Department of
4Financial and Professional Regulation.
5 "Supervision" means overseeing the activities of, and
6accepting responsibility for, the medical services rendered by
7the anesthesiologist assistant and maintaining physical
8proximity that allows the anesthesiologist to return to
9reestablish direct contact with the patient to meet medical
10needs and address any urgent or emergent clinical problems at
11all times that medical services are rendered by the
12anesthesiologist assistant.
13(Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11;
1498-1140, eff. 12-30-14.)
15 (225 ILCS 60/3) (from Ch. 111, par. 4400-3)
16 (Section scheduled to be repealed on December 31, 2017)
17 Sec. 3. Physician licensure Licensure requirement. No
18person shall practice medicine, or any of its branches, or
19treat human ailments without the use of drugs and without
20operative surgery, without a valid, active license to do so,
21except that a physician who holds an active license in another
22state or a second year resident enrolled in a residency program
23accredited by the Liaison Committee on Graduate Medical
24Education or the Bureau of Professional Education of the
25American Osteopathic Association may provide medical services

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1to patients in Illinois during a bonafide emergency in
2immediate preparation for or during interstate transit.
3(Source: P.A. 98-1140, eff. 12-30-14.)
4 (225 ILCS 60/3.5)
5 (Section scheduled to be repealed on December 31, 2017)
6 Sec. 3.5. Unlicensed practice; violation; civil penalty.
7 (a) Any person who practices, offers to practice, attempts
8to practice, or holds oneself out to practice as a physician or
9an anesthesiologist assistant without being licensed under
10this Act shall, in addition to any other penalty provided by
11law, pay a civil penalty to the Department in an amount not to
12exceed $10,000 for each offense as determined by the
13Department. The civil penalty shall be assessed by the
14Department after a hearing is held in accordance with the
15provisions set forth in this Act regarding the provision of a
16hearing for the discipline of a licensee.
17 (b) The Department has the authority and power to
18investigate any and all unlicensed activity.
19 (c) The civil penalty shall be paid within 60 days after
20the effective date of the order imposing the civil penalty. The
21order shall constitute a judgment and may be filed and
22execution had thereon in the same manner as any judgment from
23any court of record.
24(Source: P.A. 97-622, eff. 11-23-11.)

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1 (225 ILCS 60/4.5 new)
2 Sec. 4.5. Application of Act. This Act does not prohibit:
3 (1) any person licensed in this State under any other
4 Act from engaging in the practice for which he or she is
5 licensed;
6 (2) the practice as an anesthesiologist assistant by a
7 person who is employed by the United States government or
8 any bureau, division, or agency thereof while in the
9 discharge of the employee's official duties; or
10 (3) the practice as an anesthesiologist assistant that
11 is included in their program of study by students enrolled
12 in schools or in refresher courses approved by the
13 Department.
14 (225 ILCS 60/8.5 new)
15 Sec. 8.5. Anesthesiologist Assistant Advisory Committee.
16 (a) There is established an Anesthesiologist Assistant
17Advisory Committee. The Anesthesiologist Assistant Advisory
18Committee may review and make recommendations to the Department
19and the Board regarding all matters relating to
20anesthesiologist assistants. These matters may include, but
21are not limited to:
22 (1) applications for licensure;
23 (2) disciplinary proceedings;
24 (3) renewal requirements; and
25 (4) any other issues pertaining to the regulation and

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1 practice of anesthesiologist assistants in the State.
2 (b) The committee's membership shall consist of the
3following members appointed by the Governor for 3-year terms:
4 (1) one member of the Medical Licensing Board;
5 (2) one anesthesiologist assistant licensed under this
6 Act;
7 (3) two anesthesiologists; and
8 (4) one public member.
9 The appointee under item (2) of this subsection (b) shall
10be selected from a list of recommended appointees submitted by
11a statewide association or society representing
12anesthesiologists.
13 The appointees under item (3) of this subsection (b) shall
14be selected from a list of recommended appointees submitted by
15a statewide association or society representing
16anesthesiologists.
17 (c) Members of the Anesthesiologist Assistant Advisory
18Committee shall have no liability for any action based upon a
19disciplinary proceeding or other activity performed in good
20faith as a member of the committee.
21 (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
22 (Section scheduled to be repealed on December 31, 2017)
23 Sec. 9. Physician application Application for license.
24Each applicant for a license shall:
25 (A) Make application on blank forms prepared and

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1 furnished by the Department.
2 (B) Submit evidence satisfactory to the Department
3 that the applicant:
4 (1) is of good moral character. In determining
5 moral character under this Section, the Department may
6 take into consideration whether the applicant has
7 engaged in conduct or activities which would
8 constitute grounds for discipline under this Act. The
9 Department may also request the applicant to submit,
10 and may consider as evidence of moral character,
11 endorsements from 2 or 3 physicians individuals
12 licensed under this Act;
13 (2) has the preliminary and professional education
14 required by this Act;
15 (3) (blank); and
16 (4) is physically, mentally, and professionally
17 capable of practicing medicine with reasonable
18 judgment, skill, and safety. In determining physical
19 and mental capacity under this Section, the Licensing
20 Board may, upon a showing of a possible incapacity or
21 conduct or activities that would constitute grounds
22 for discipline under this Act, compel any physician
23 applicant to submit to a mental or physical examination
24 and evaluation, or both, as provided for in Section 22
25 of this Act. The Licensing Board may condition or
26 restrict any physician license, subject to the same

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1 terms and conditions as are provided for the
2 Disciplinary Board under Section 22 of this Act. Any
3 such condition of a restricted physician license shall
4 provide that the Chief Medical Coordinator or Deputy
5 Medical Coordinator shall have the authority to review
6 the subject physician's compliance with such
7 conditions or restrictions, including, where
8 appropriate, the physician's record of treatment and
9 counseling regarding the impairment, to the extent
10 permitted by applicable federal statutes and
11 regulations safeguarding the confidentiality of
12 medical records of patients.
13 In determining professional capacity under this
14 Section, an individual may be required to complete such
15 additional testing, training, or remedial education as the
16 Licensing Board may deem necessary in order to establish
17 the physician applicant's present capacity to practice
18 medicine with reasonable judgment, skill, and safety. The
19 Licensing Board may consider the following criteria, as
20 they relate to a physician an applicant, as part of its
21 determination of professional capacity:
22 (1) Medical research in an established research
23 facility, hospital, college or university, or private
24 corporation.
25 (2) Specialized training or education.
26 (3) Publication of original work in learned,

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1 medical, or scientific journals.
2 (4) Participation in federal, State, local, or
3 international public health programs or organizations.
4 (5) Professional service in a federal veterans or
5 military institution.
6 (6) Any other professional activities deemed to
7 maintain and enhance the clinical capabilities of the
8 applicant.
9 Any applicant applying for a license to practice
10 medicine in all of its branches or for a license as a
11 chiropractic physician who has not been engaged in the
12 active practice of medicine or has not been enrolled in a
13 medical program for 2 years prior to application must
14 submit proof of professional capacity to the Licensing
15 Board.
16 Any physician applicant applying for a temporary
17 physician license that has not been engaged in the active
18 practice of medicine or has not been enrolled in a medical
19 program for longer than 5 years prior to application must
20 submit proof of professional capacity to the Licensing
21 Board.
22 (C) Designate specifically the name, location, and
23 kind of professional school, college, or institution of
24 which the applicant is a graduate and the category under
25 which the applicant seeks, and will undertake, to practice.
26 (D) Pay to the Department at the time of application

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1 the required fees.
2 (E) Pursuant to Department rules, as required, pass an
3 examination authorized by the Department to determine the
4 physician applicant's fitness to receive a license.
5 (F) Complete the application process within 3 years
6 from the date of application. If the process has not been
7 completed within 3 years, the application shall expire,
8 application fees shall be forfeited, and the physician
9 applicant must reapply and meet the requirements in effect
10 at the time of reapplication.
11(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
12 (225 ILCS 60/9.1 new)
13 Sec. 9.1. Application for anesthesiologist assistant
14licensure. Applications for original anesthesiologist
15assistant licenses shall be made to the Department in writing
16on forms prescribed by the Department and shall be accompanied
17by the required fee, which shall not be refundable. An
18anesthesiologist assistant application shall require
19information that, in the judgment of the Department, will
20enable the Department to pass on the qualifications of the
21applicant for a license. An anesthesiologist assistant
22application shall include evidence of meeting the
23qualifications for licensure in Section 11.3 of this Act.
24 Anesthesiologist assistant applicants have 3 years from
25the date of application to complete the application process. If

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1the process has not been completed in 3 years, the application
2shall be denied, the fee shall be forfeited, and the
3anesthesiologist assistant applicant must reapply and meet the
4requirements in effect at the time of reapplication.
5 (225 ILCS 60/9.3)
6 (Section scheduled to be repealed on December 31, 2017)
7 Sec. 9.3. Withdrawal of physician application. Any
8physician applicant applying for a physician license or permit
9under this Act may withdraw his or her application at any time.
10If a physician an applicant withdraws his or her application
11after receipt of a written Notice of Intent to Deny License or
12Permit, then the withdrawal shall be reported to the Federation
13of State Medical Boards and the National Practitioner Data
14Bank.
15(Source: P.A. 98-601, eff. 12-30-13; 98-1140, eff. 12-30-14.)
16 (225 ILCS 60/11) (from Ch. 111, par. 4400-11)
17 (Section scheduled to be repealed on December 31, 2017)
18 Sec. 11. Physician minimum Minimum education standards.
19The minimum standards of professional education to be enforced
20by the Department in conducting examinations and issuing
21physician licenses shall be as follows:
22 (A) Practice of medicine. For the practice of medicine
23 in all of its branches:
24 (1) For applications for licensure under

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1 subsection (D) of Section 19 of this Act:
2 (a) that the applicant is a graduate of a
3 medical or osteopathic college in the United
4 States, its territories or Canada, that the
5 applicant has completed a 2 year course of
6 instruction in a college of liberal arts, or its
7 equivalent, and a course of instruction in a
8 medical or osteopathic college approved by the
9 Department or by a private, not for profit
10 accrediting body approved by the Department, and
11 in addition thereto, a course of postgraduate
12 clinical training of not less than 12 months as
13 approved by the Department; or
14 (b) that the applicant is a graduate of a
15 medical or osteopathic college located outside the
16 United States, its territories or Canada, and that
17 the degree conferred is officially recognized by
18 the country for the purposes of licensure, that the
19 applicant has completed a 2 year course of
20 instruction in a college of liberal arts or its
21 equivalent, and a course of instruction in a
22 medical or osteopathic college approved by the
23 Department, which course shall have been not less
24 than 132 weeks in duration and shall have been
25 completed within a period of not less than 35
26 months, and, in addition thereto, has completed a

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1 course of postgraduate clinical training of not
2 less than 12 months, as approved by the Department,
3 and has complied with any other standards
4 established by rule.
5 For the purposes of this subparagraph (b) an
6 applicant is considered to be a graduate of a
7 medical college if the degree which is conferred is
8 officially recognized by that country for the
9 purposes of receiving a license to practice
10 medicine in all of its branches or a document is
11 granted by the medical college which certifies the
12 completion of all formal training requirements
13 including any internship and social service; or
14 (c) that the applicant has studied medicine at
15 a medical or osteopathic college located outside
16 the United States, its territories, or Canada,
17 that the applicant has completed a 2 year course of
18 instruction in a college of liberal arts or its
19 equivalent and all of the formal requirements of a
20 foreign medical school except internship and
21 social service, which course shall have been not
22 less than 132 weeks in duration and shall have been
23 completed within a period of not less than 35
24 months; that the applicant has submitted an
25 application to a medical college accredited by the
26 Liaison Committee on Medical Education and

HB2975- 24 -LRB100 05385 SMS 15396 b
1 submitted to such evaluation procedures, including
2 use of nationally recognized medical student tests
3 or tests devised by the individual medical
4 college, and that the applicant has satisfactorily
5 completed one academic year of supervised clinical
6 training under the direction of such medical
7 college; and, in addition thereto has completed a
8 course of postgraduate clinical training of not
9 less than 12 months, as approved by the Department,
10 and has complied with any other standards
11 established by rule.
12 (d) Any clinical clerkships must have been
13 completed in compliance with Section 10.3 of the
14 Hospital Licensing Act, as amended.
15 (2) Effective January 1, 1988, for applications
16 for licensure made subsequent to January 1, 1988, under
17 Sections 9 or 17 of this Act by individuals not
18 described in paragraph (3) of subsection (A) of Section
19 11 who graduated after December 31, 1984:
20 (a) that the applicant: (i) graduated from a
21 medical or osteopathic college officially
22 recognized by the jurisdiction in which it is
23 located for the purpose of receiving a license to
24 practice medicine in all of its branches, and the
25 applicant has completed, as defined by the
26 Department, a 6 year postsecondary course of study

HB2975- 25 -LRB100 05385 SMS 15396 b
1 comprising at least 2 academic years of study in
2 the basic medical sciences; and 2 academic years of
3 study in the clinical sciences, while enrolled in
4 the medical college which conferred the degree,
5 the core rotations of which must have been
6 completed in clinical teaching facilities owned,
7 operated or formally affiliated with the medical
8 college which conferred the degree, or under
9 contract in teaching facilities owned, operated or
10 affiliated with another medical college which is
11 officially recognized by the jurisdiction in which
12 the medical school which conferred the degree is
13 located; or (ii) graduated from a medical or
14 osteopathic college accredited by the Liaison
15 Committee on Medical Education, the Committee on
16 Accreditation of Canadian Medical Schools in
17 conjunction with the Liaison Committee on Medical
18 Education, or the Bureau of Professional Education
19 of the American Osteopathic Association; and,
20 (iii) in addition thereto, has completed 24 months
21 of postgraduate clinical training, as approved by
22 the Department; or
23 (b) that the applicant has studied medicine at
24 a medical or osteopathic college located outside
25 the United States, its territories, or Canada,
26 that the applicant, in addition to satisfying the

HB2975- 26 -LRB100 05385 SMS 15396 b
1 requirements of subparagraph (a), except for the
2 awarding of a degree, has completed all of the
3 formal requirements of a foreign medical school
4 except internship and social service and has
5 submitted an application to a medical college
6 accredited by the Liaison Committee on Medical
7 Education and submitted to such evaluation
8 procedures, including use of nationally recognized
9 medical student tests or tests devised by the
10 individual medical college, and that the applicant
11 has satisfactorily completed one academic year of
12 supervised clinical training under the direction
13 of such medical college; and, in addition thereto,
14 has completed 24 months of postgraduate clinical
15 training, as approved by the Department, and has
16 complied with any other standards established by
17 rule.
18 (3) (Blank).
19 (4) Any person granted a temporary license
20 pursuant to Section 17 of this Act who shall
21 satisfactorily complete a course of postgraduate
22 clinical training and meet all of the requirements for
23 licensure shall be granted a permanent license
24 pursuant to Section 9.
25 (5) Notwithstanding any other provision of this
26 Section an individual holding a temporary license

HB2975- 27 -LRB100 05385 SMS 15396 b
1 under Section 17 of this Act shall be required to
2 satisfy the undergraduate medical and post-graduate
3 clinical training educational requirements in effect
4 on the date of their application for a temporary
5 license, provided they apply for a license under
6 Section 9 of this Act and satisfy all other
7 requirements of this Section while their temporary
8 license is in effect.
9 (B) Treating human ailments without drugs and without
10 operative surgery. For the practice of treating human
11 ailments without the use of drugs and without operative
12 surgery:
13 (1) For an applicant who was a resident student and
14 who is a graduate after July 1, 1926, of a chiropractic
15 college or institution, that such school, college or
16 institution, at the time of the applicant's graduation
17 required as a prerequisite to admission thereto a 4
18 year course of instruction in a high school, and, as a
19 prerequisite to graduation therefrom, a course of
20 instruction in the treatment of human ailments, of not
21 less than 132 weeks in duration and which shall have
22 been completed within a period of not less than 35
23 months except that as to students matriculating or
24 entering upon a course of chiropractic study during the
25 years 1940, 1941, 1942, 1943, 1944, 1945, 1946, and
26 1947, such elapsed time shall be not less than 32

HB2975- 28 -LRB100 05385 SMS 15396 b
1 months, such high school and such school, college or
2 institution having been reputable and in good standing
3 in the judgment of the Department.
4 (2) For an applicant who is a matriculant in a
5 chiropractic college after September 1, 1969, that
6 such applicant shall be required to complete a 2 year
7 course of instruction in a liberal arts college or its
8 equivalent and a course of instruction in a
9 chiropractic college in the treatment of human
10 ailments, such course, as a prerequisite to graduation
11 therefrom, having been not less than 132 weeks in
12 duration and shall have been completed within a period
13 of not less than 35 months, such college of liberal
14 arts and chiropractic college having been reputable
15 and in good standing in the judgment of the Department.
16 (3) For an applicant who is a graduate of a United
17 States chiropractic college after August 19, 1981, the
18 college of the applicant must be fully accredited by
19 the Commission on Accreditation of the Council on
20 Chiropractic Education or its successor at the time of
21 graduation. Such graduates shall be considered to have
22 met the minimum requirements which shall be in addition
23 to those requirements set forth in the rules and
24 regulations promulgated by the Department.
25 (4) For an applicant who is a graduate of a
26 chiropractic college in another country; that such

HB2975- 29 -LRB100 05385 SMS 15396 b
1 chiropractic college be equivalent to the standards of
2 education as set forth for chiropractic colleges
3 located in the United States.
4(Source: P.A. 97-622, eff. 11-23-11.)
5 (225 ILCS 60/11.3 new)
6 Sec. 11.3. Qualifications for anesthesiologist assistant
7licensure. A person shall be qualified for licensure as an
8anesthesiologist assistant and the Department may issue an
9anesthesiologist assistant license to a person who:
10 (1) has applied in writing in form and substance
11 satisfactory to the Department and has not violated any of
12 the provisions of this Act or the rules adopted under this
13 Act; the Department may take into consideration any felony
14 conviction of the applicant, but the conviction shall not
15 operate as an absolute bar to licensure;
16 (2) has submitted evidence satisfactory to the
17 Department that the applicant has:
18 (A) obtained a master's degree from an
19 anesthesiologist assistant program that is accredited
20 by the Commission on Accreditation of Allied Health
21 Education Programs, or its predecessor or successor
22 entity; and
23 (B) passed the certifying examination administered
24 by and obtained active certification from the National
25 Commission on Certification of Anesthesiologist

HB2975- 30 -LRB100 05385 SMS 15396 b
1 Assistants or a successor entity; and
2 (3) complies with all applicable rules of the
3 Department.
4 (225 ILCS 60/11.5 new)
5 Sec. 11.5. Anesthesiologist supervision requirements.
6 (a) An anesthesiologist assistant may deliver medical care
7only under the supervision of an anesthesiologist and only as
8described in a supervision agreement between the
9anesthesiologist assistant and an anesthesiologist who
10represents the anesthesiologist assistant's employer. The
11supervising anesthesiologist shall be immediately available at
12all times while supervising an anesthesiologist assistant.
13 For the purposes of this Section, "immediately available"
14means the medically-directing anesthesiologist being in such
15physical proximity that allows the anesthesiologist to return
16to re-establish direct contact with the patient to meet the
17patient's medical needs and address any urgent or emergent
18problems. These responsibilities may also be met through
19careful coordination among anesthesiologists of the same group
20or department. Be it recognized that design and size of various
21facilities, severity of patient illnesses, and the complexity
22and demands of the particular surgical procedures make it
23impossible to define a specific time or distance for physical
24proximity.
25 (b) An anesthesiologist assistant's practice may not

HB2975- 31 -LRB100 05385 SMS 15396 b
1exceed his or her education and training, the scope of practice
2of the supervising anesthesiologist, and the practice outlined
3in the anesthesiologist assistant supervision agreement. A
4medical care task assigned by the supervising anesthesiologist
5to the anesthesiologist assistant may not be delegated by the
6anesthesiologist assistant to another person, except for the
7preceptorship of a student in an anesthesiologist assistant
8training program. An anesthesiologist assistant may perform
9such services within the specialty of the supervising
10anesthesiologist, except that the anesthesiologist shall
11exercise such direction, supervision and control over such
12anesthesiologist assistants as will ensure that patients shall
13receive quality medical care. Anesthesiologist assistants
14shall be capable of performing a variety of tasks within the
15specialty of medical care under the supervision of an
16anesthesiologist. The supervising anesthesiologist may
17delegate tasks and duties to the anesthesiologist assistant.
18Delegated tasks or duties shall be consistent with
19anesthesiologist assistant education, training, and
20experience. The delegated tasks or duties shall be specific to
21the practice setting and shall be implemented and reviewed
22under a written supervision agreement established by the
23anesthesiologist or anesthesiologist/anesthesiologist
24assistant team. An anesthesiologist assistant, acting as an
25agent of the anesthesiologist, shall be permitted to transmit
26the supervising anesthesiologist's orders as determined by the

HB2975- 32 -LRB100 05385 SMS 15396 b
1institution's by-laws, policies, procedures, or job
2description within which the anesthesiologist/
3anesthesiologist assistant team practices. Anesthesiologist
4assistants shall practice only in accordance with a written
5supervision agreement.
6 (c) An anesthesiologist who represents an anesthesiologist
7assistant's employer shall review a supervision agreement with
8the anesthesiologist assistant at least annually. The
9supervision agreement shall be available for inspection at the
10location where the anesthesiologist assistant practices. The
11supervision agreement may limit the practice of an
12anesthesiologist assistant to less than the full scope of
13practice authorized under this Act.
14 (d) An anesthesiologist assistant shall be employed by a
15health care provider that is licensed in this State for the
16primary purpose of providing the medical services of physicians
17or that is an entity. If an anesthesiologist assistant's
18employer is not an anesthesiologist, the employer shall provide
19for, and not interfere with, an anesthesiologist's supervision
20of the anesthesiologist assistant.
21 (e) A student in an anesthesiologist assistant training
22program may assist only an anesthesiologist in the delivery of
23medical care and may perform only medical care tasks assigned
24by an anesthesiologist. An anesthesiologist may delegate the
25preceptorship of a student in an anesthesiologist assistant
26training program to a qualified anesthesia provider. This

HB2975- 33 -LRB100 05385 SMS 15396 b
1Section shall not be interpreted to limit the number of other
2qualified anesthesia providers an anesthesiologist may
3supervise.
4 (f) A student in an anesthesiologist assistant training
5program shall be identified as a student anesthesiologist
6assistant or an anesthesiologist assistant student and may not
7be identified as an "intern", "resident", or "fellow".
8 (225 ILCS 60/12) (from Ch. 111, par. 4400-12)
9 (Section scheduled to be repealed on December 31, 2017)
10 Sec. 12. All examinations for physicians provided for by
11this Act shall be conducted under rules prescribed from time to
12time by the Department. Examinations shall be held not less
13frequently than 2 times every year, at times and places
14prescribed by the Department, of which applicants shall be
15notified by the Department in writing, and may be conducted
16wholly or in part in writing.
17 If a physician an applicant neglects, fails without an
18approved excuse or refuses to take the next available
19examination offered for license under this Act, the fee paid by
20the physician applicant shall be forfeited and the application
21denied. If a physician an applicant fails to pass an
22examination for a physician license under this Act within 3
23years after filing their application, the application shall be
24denied. However, such applicant may thereafter make a new
25application for examination, accompanied by the required fee

HB2975- 34 -LRB100 05385 SMS 15396 b
1and satisfy the requirements then in existence for a physician
2license.
3(Source: P.A. 85-4.)
4 (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
5 (Section scheduled to be repealed on December 31, 2017)
6 Sec. 19. Physician licensure Licensure by endorsement. The
7Department may, in its discretion, issue a physician license by
8endorsement to any person who is currently licensed to practice
9medicine in all of its branches, or a chiropractic physician,
10in any other state, territory, country or province, upon the
11following conditions and submitting evidence satisfactory to
12the Department of the following:
13 (A) (Blank);
14 (B) That the physician applicant is of good moral
15 character. In determining moral character under this
16 Section, the Department may take into consideration
17 whether the applicant has engaged in conduct or activities
18 which would constitute grounds for discipline under this
19 Act. The Department may also request the applicant to
20 submit, and may consider as evidence of moral character,
21 endorsements from 2 or 3 individuals licensed under this
22 Act;
23 (C) That the physician applicant is physically,
24 mentally and professionally capable of practicing medicine
25 with reasonable judgment, skill and safety. In determining

HB2975- 35 -LRB100 05385 SMS 15396 b
1 physical, mental and professional capacity under this
2 Section the Licensing Board may, upon a showing of a
3 possible incapacity, compel an applicant to submit to a
4 mental or physical examination and evaluation, or both, in
5 the same manner as provided in Section 22 and may condition
6 or restrict any license, subject to the same terms and
7 conditions as are provided for the Disciplinary Board under
8 Section 22 of this Act.
9 (D) That if the physician applicant seeks to practice
10 medicine in all of its branches:
11 (1) if the applicant was licensed in another
12 jurisdiction prior to January 1, 1988, that the
13 applicant has satisfied the educational requirements
14 of paragraph (1) of subsection (A) or paragraph (2) of
15 subsection (A) of Section 11 of this Act; or
16 (2) if the applicant was licensed in another
17 jurisdiction after December 31, 1987, that the
18 applicant has satisfied the educational requirements
19 of paragraph (A)(2) of Section 11 of this Act; and
20 (3) the requirements for a license to practice
21 medicine in all of its branches in the particular
22 state, territory, country or province in which the
23 applicant is licensed are deemed by the Department to
24 have been substantially equivalent to the requirements
25 for a license to practice medicine in all of its
26 branches in force in this State at the date of the

HB2975- 36 -LRB100 05385 SMS 15396 b
1 applicant's license;
2 (E) That if the physician applicant seeks to treat
3 human ailments without the use of drugs and without
4 operative surgery:
5 (1) the applicant is a graduate of a chiropractic
6 school or college approved by the Department at the
7 time of their graduation;
8 (2) the requirements for the applicant's license
9 to practice the treatment of human ailments without the
10 use of drugs are deemed by the Department to have been
11 substantially equivalent to the requirements for a
12 license to practice in this State at the date of the
13 applicant's license;
14 (F) That the Department may, in its discretion, issue a
15 physician license by endorsement to any graduate of a
16 medical or osteopathic college, reputable and in good
17 standing in the judgment of the Department, who has passed
18 an examination for admission to the United States Public
19 Health Service, or who has passed any other examination
20 deemed by the Department to have been at least equal in all
21 substantial respects to the examination required for
22 admission to any such medical corps;
23 (G) That applications for physician licenses by
24 endorsement shall be filed with the Department, under oath,
25 on forms prepared and furnished by the Department, and
26 shall set forth, and applicants therefor shall supply such

HB2975- 37 -LRB100 05385 SMS 15396 b
1 information respecting the life, education, professional
2 practice, and moral character of applicants as the
3 Department may require to be filed for its use;
4 (H) That the physician applicant undergo the criminal
5 background check established under Section 9.7 of this Act.
6 In the exercise of its discretion under this Section, the
7Department is empowered to consider and evaluate each physician
8applicant on an individual basis. It may take into account,
9among other things: the extent to which the physician applicant
10will bring unique experience and skills to the State of
11Illinois or the extent to which there is or is not available to
12the Department authentic and definitive information concerning
13the quality of medical education and clinical training which
14the physician applicant has had. Under no circumstances shall a
15physician license be issued under the provisions of this
16Section to any person who has previously taken and failed the
17written examination conducted by the Department for such
18license. In the exercise of its discretion under this Section,
19the Department may require a physician an applicant to
20successfully complete an examination as recommended by the
21Licensing Board. The Department may also request the physician
22applicant to submit, and may consider as evidence of moral
23character, evidence from 2 or 3 physician individuals licensed
24under this Act. Physician applicants Applicants have 3 years
25from the date of application to complete the physician
26application process. If the process has not been completed

HB2975- 38 -LRB100 05385 SMS 15396 b
1within 3 years, the physician application shall be denied, the
2fees shall be forfeited, and the physician applicant must
3reapply and meet the requirements in effect at the time of
4reapplication.
5(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
6 (225 ILCS 60/19.5 new)
7 Sec. 19.5. Anesthesiologist assistant licensure by
8endorsement. Upon payment of the required fee, the Department
9may, in its discretion, license as an anesthesiologist
10assistant an applicant who is an anesthesiologist assistant
11licensed in another jurisdiction, if the requirements for
12licensure in that jurisdiction were at the time of licensure
13substantially equivalent to the requirement in force in this
14State on that date or equivalent to the requirements of this
15Act.
16 (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
17 (Section scheduled to be repealed on December 31, 2017)
18 Sec. 20. Continuing education for physicians. The
19Department shall promulgate rules of continuing education for
20physicians persons licensed under this Act that require an
21average of 50 hours of continuing education per license year.
22These rules shall be consistent with requirements of relevant
23professional associations, specialty societies, or boards. The
24rules shall also address variances in part or in whole for good

HB2975- 39 -LRB100 05385 SMS 15396 b
1cause, including, but not limited to, temporary illness or
2hardship. In establishing these rules, the Department shall
3consider educational requirements for medical staffs,
4requirements for specialty society board certification or for
5continuing education requirements as a condition of membership
6in societies representing the 2 categories of physician
7licensee under this Act. These rules shall assure that
8physician licensees are given the opportunity to participate in
9those programs sponsored by or through their professional
10associations or hospitals which are relevant to their practice.
11Each physician licensee is responsible for maintaining records
12of completion of continuing education and shall be prepared to
13produce the records when requested by the Department.
14(Source: P.A. 97-622, eff. 11-23-11.)
15 (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
16 (Section scheduled to be repealed on December 31, 2017)
17 Sec. 21. Physician license License renewal; reinstatement;
18inactive status; disposition and collection of fees.
19 (A) Renewal. The expiration date and renewal period for
20each physician license issued under this Act shall be set by
21rule. The holder of a physician license may renew the license
22by paying the required fee. The holder of a physician license
23may also renew the license within 90 days after its expiration
24by complying with the requirements for renewal and payment of
25an additional fee. A physician license renewal within 90 days

HB2975- 40 -LRB100 05385 SMS 15396 b
1after expiration shall be effective retroactively to the
2expiration date.
3 The Department shall attempt to provide through electronic
4means to each physician licensee under this Act, at least 60
5days in advance of the expiration date of his or her license, a
6renewal notice. No such license shall be deemed to have lapsed
7until 90 days after the expiration date and after the
8Department has attempted to provide such notice as herein
9provided.
10 (B) Reinstatement. Any physician licensee who has
11permitted his or her license to lapse or who has had his or her
12license on inactive status may have his or her license
13reinstated by making application to the Department and filing
14proof acceptable to the Department of his or her fitness to
15have the license reinstated, including evidence certifying to
16active practice in another jurisdiction satisfactory to the
17Department, proof of meeting the continuing education
18requirements for one renewal period, and by paying the required
19reinstatement fee.
20 If the physician licensee has not maintained an active
21practice in another jurisdiction satisfactory to the
22Department, the Licensing Board shall determine, by an
23evaluation program established by rule, the applicant's
24fitness to resume active status and may require the physician
25licensee to complete a period of evaluated clinical experience
26and may require successful completion of a practical

HB2975- 41 -LRB100 05385 SMS 15396 b
1examination specified by the Licensing Board.
2 However, any registrant whose physician license has
3expired while he or she has been engaged (a) in Federal Service
4on active duty with the Army of the United States, the United
5States Navy, the Marine Corps, the Air Force, the Coast Guard,
6the Public Health Service or the State Militia called into the
7service or training of the United States of America, or (b) in
8training or education under the supervision of the United
9States preliminary to induction into the military service, may
10have his or her physician license reinstated without paying any
11lapsed renewal fees, if within 2 years after honorable
12termination of such service, training, or education, he or she
13furnishes to the Department with satisfactory evidence to the
14effect that he or she has been so engaged and that his or her
15service, training, or education has been so terminated.
16 (C) Inactive licenses. Any physician licensee who notifies
17the Department, in writing on forms prescribed by the
18Department, may elect to place his or her physician license on
19an inactive status and shall, subject to rules of the
20Department, be excused from payment of renewal fees until he or
21she notifies the Department in writing of his or her desire to
22resume active status.
23 Any physician licensee requesting reinstatement from
24inactive status shall be required to pay the current renewal
25fee, provide proof of meeting the continuing education
26requirements for the period of time the physician license is

HB2975- 42 -LRB100 05385 SMS 15396 b
1inactive not to exceed one renewal period, and shall be
2required to reinstate his or her physician license as provided
3in subsection (B).
4 Any physician licensee whose physician license is in an
5inactive status shall not practice in the State of Illinois.
6 (D) Disposition of moneys monies collected. All moneys
7monies collected under this Act by the Department shall be
8deposited in the Illinois State Medical Disciplinary Fund in
9the State Treasury, and used only for the following purposes:
10(a) by the Disciplinary Board and Licensing Board in the
11exercise of its powers and performance of its duties, as such
12use is made by the Department with full consideration of all
13recommendations of the Disciplinary Board and Licensing Board,
14(b) for costs directly related to persons licensed under this
15Act, and (c) for direct and allocable indirect costs related to
16the public purposes of the Department.
17 Moneys in the Fund may be transferred to the Professions
18Indirect Cost Fund as authorized under Section 2105-300 of the
19Department of Professional Regulation Law (20 ILCS
202105/2105-300).
21 The State Comptroller shall order and the State Treasurer
22shall transfer an amount equal to $1,100,000 from the Illinois
23State Medical Disciplinary Fund to the Local Government Tax
24Fund on each of the following dates: July 1, 2014, October 1,
252014, January 1, 2015, July 1, 2017, October 1, 2017, and
26January 1, 2018. These transfers shall constitute repayment of

HB2975- 43 -LRB100 05385 SMS 15396 b
1the $6,600,000 transfer made under Section 6z-18 of the State
2Finance Act.
3 All earnings received from investment of moneys monies in
4the Illinois State Medical Disciplinary Fund shall be deposited
5in the Illinois State Medical Disciplinary Fund and shall be
6used for the same purposes as fees deposited in such Fund.
7 (E) Fees. The following fees are nonrefundable.
8 (1) Physician applicants Applicants for any
9 examination shall be required to pay, either to the
10 Department or to the designated testing service, a fee
11 covering the cost of determining the physician applicant's
12 eligibility and providing the examination. Failure to
13 appear for the examination on the scheduled date, at the
14 time and place specified, after the physician applicant's
15 application for examination has been received and
16 acknowledged by the Department or the designated testing
17 service, shall result in the forfeiture of the examination
18 fee.
19 (2) Before July 1, 2018, the fee for a license under
20 Section 9 of this Act is $700. Beginning on July 1, 2018,
21 the fee for a license under Section 9 of this Act is $500.
22 (3) Before July 1, 2018, the fee for a license under
23 Section 19 of this Act is $700. Beginning on July 1, 2018,
24 the fee for a license under Section 19 of this Act is $500.
25 (4) Before July 1, 2018, the fee for the renewal of a
26 physician license for a resident of Illinois shall be

HB2975- 44 -LRB100 05385 SMS 15396 b
1 calculated at the rate of $230 per year, and beginning on
2 July 1, 2018, the fee for the renewal of a physician
3 license shall be $167, except for licensees who were issued
4 a physician license within 12 months of the expiration date
5 of the license, before July 1, 2018, the fee for the
6 renewal shall be $230, and beginning on July 1, 2018 that
7 fee will be $167. Before July 1, 2018, the fee for the
8 renewal of a physician license for a nonresident shall be
9 calculated at the rate of $460 per year, and beginning on
10 July 1, 2018, the fee for the renewal of a physician
11 license for a nonresident shall be $250, except for
12 licensees who were issued a physician license within 12
13 months of the expiration date of the license, before July
14 1, 2018, the fee for the renewal shall be $460, and
15 beginning on July 1, 2018 that fee will be $250.
16 (5) The fee for the reinstatement of a physician
17 license other than from inactive status, is $230. In
18 addition, payment of all lapsed renewal fees not to exceed
19 $1,400 is required.
20 (6) The fee for a 3-year temporary license under
21 Section 17 is $230.
22 (7) The fee for the issuance of a duplicate physician
23 license, for the issuance of a replacement physician
24 license for a license which has been lost or destroyed, or
25 for the issuance of a physician license with a change of
26 name or address other than during the renewal period is

HB2975- 45 -LRB100 05385 SMS 15396 b
1 $20. No fee is required for name and address changes on
2 Department records when no duplicate physician license is
3 issued.
4 (8) The fee to be paid for a physician license record
5 for any purpose is $20.
6 (9) The fee to be paid to have the scoring of an
7 examination, administered by the Department, reviewed and
8 verified, is $20 plus any fees charged by the applicable
9 testing service.
10 (10) The fee to be paid by a physician licensee for a
11 wall certificate showing his or her physician license shall
12 be the actual cost of producing the certificate as
13 determined by the Department.
14 (11) The fee for a roster of persons licensed as
15 physicians in this State shall be the actual cost of
16 producing such a roster as determined by the Department.
17 (12) Fees collected for the administration of
18 anesthesiologist assistant licenses shall be set by the
19 Department by rule.
20 (F) Any person who delivers a check or other payment to the
21Department that is returned to the Department unpaid by the
22financial institution upon which it is drawn shall pay to the
23Department, in addition to the amount already owed to the
24Department, a fine of $50. The fines imposed by this Section
25are in addition to any other discipline provided under this Act
26for unlicensed practice or practice on a nonrenewed license.

HB2975- 46 -LRB100 05385 SMS 15396 b
1The Department shall notify the person that payment of fees and
2fines shall be paid to the Department by certified check or
3money order within 30 calendar days of the notification. If,
4after the expiration of 30 days from the date of the
5notification, the person has failed to submit the necessary
6remittance, the Department shall automatically terminate the
7license or permit or deny the application, without hearing. If,
8after termination or denial, the person seeks a license or
9permit, he or she shall apply to the Department for
10reinstatement or issuance of the license or permit and pay all
11fees and fines due to the Department. The Department may
12establish a fee for the processing of an application for
13reinstatement of a license or permit to pay all expenses of
14processing this application. The Secretary may waive the fines
15due under this Section in individual cases where the Secretary
16finds that the fines would be unreasonable or unnecessarily
17burdensome.
18(Source: P.A. 98-3, eff. 3-8-13; 98-1140, eff. 12-30-14;
1999-909, eff. 12-16-16.)
20 (225 ILCS 60/21.3 new)
21 Sec. 21.3. Anesthesiologist assistant license expiration;
22renewal; restoration. The expiration date and renewal period
23for each anesthesiologist assistant license issued under this
24Act shall be set by rule. Renewal shall be conditioned on
25paying the required fee and meeting such other requirements as

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1may be established by rule. Any anesthesiologist assistant who
2has permitted his or her license to expire or who has had his
3or her license on inactive status may have the license restored
4by making application to the Department and filing proof
5acceptable to the Department of his or her fitness to have the
6license restored, and by paying the required fees. Proof of
7fitness may include sworn evidence certifying to active lawful
8practice in another jurisdiction. If the anesthesiologist
9assistant has not maintained an active practice in another
10jurisdiction satisfactory to the Department, the Department
11shall determine, by an evaluation program established by rule,
12his or her fitness for restoration of the license and shall
13establish procedures and requirements for such restoration.
14However, any anesthesiologist assistant whose license expired
15while he or she was (1) in federal service on active duty with
16the Armed Forces of the United States, or the State Militia
17called into service or training, or (2) in training or
18education under the supervision of the United States
19preliminary to induction into the military service, may have
20the license restored without paying any lapsed renewal fees if
21within 2 years after honorable termination of such service,
22training, or education he or she furnishes the Department with
23satisfactory evidence to the effect that he or she has been so
24engaged and that his or her service, training, or education has
25been so terminated.

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1 (225 ILCS 60/21.5 new)
2 Sec. 21.5. Anesthesiologist assistant license inactive
3status. Any anesthesiologist assistant who notified the
4Department in writing on forms prescribed by the Department,
5may elect to place his or her license on an inactive status and
6shall, subject to rules of the Department, be excused from
7payment of renewal fees until he or she notifies the Department
8in writing of his or her intention to restore the license. Any
9anesthesiologist assistant requesting restoration from
10inactive status shall be required to pay the current renewal
11fee and shall be required to restore his or her license, as
12provided in Section 21.3 of this Act. Any anesthesiologist
13assistant whose license is in an inactive status shall not
14practice in the State of Illinois. Any anesthesiologist
15assistant licensee who shall engage in practice while his or
16her license is lapsed or on inactive status shall be considered
17to be practicing without a license, which shall be grounds for
18discipline under Section 22.1 of this Act.
19 (225 ILCS 60/21.7 new)
20 Sec. 21.7. Anesthesiologist assistant license roster. The
21Department shall maintain a roster of the names and addresses
22of all anesthesiologist assistant licensees and of all persons
23whose anesthesiologist assistant licenses have been suspended
24or revoked. This roster shall be available upon written request
25and payment of the required fee.

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1 (225 ILCS 60/21.9 new)
2 Sec. 21.9. Anesthesiologist assistant corporate licensure
3prohibited. No corporation, which stated purpose includes, or
4which practices, or which holds itself out as available to
5practice as an anesthesiologist assistant, shall be issued an
6anesthesiologist assistant license by the Department, nor
7shall the Secretary of State approve or accept articles of
8incorporation for such a corporation.
9 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
10 (Section scheduled to be repealed on December 31, 2017)
11 Sec. 22. Disciplinary action of physician licenses.
12 (A) The Department may revoke, suspend, place on probation,
13reprimand, refuse to issue or renew, or take any other
14disciplinary or non-disciplinary action as the Department may
15deem proper with regard to the physician license or permit of
16any person issued under this Act, including imposing fines not
17to exceed $10,000 for each violation, upon any of the following
18grounds:
19 (1) Performance of an elective abortion in any place,
20 locale, facility, or institution other than:
21 (a) a facility licensed pursuant to the Ambulatory
22 Surgical Treatment Center Act;
23 (b) an institution licensed under the Hospital
24 Licensing Act;

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

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

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

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1 appliances or goods provided for a patient in such manner
2 as to exploit the patient for financial gain of the
3 physician.
4 (19) Offering, undertaking or agreeing to cure or treat
5 disease by a secret method, procedure, treatment or
6 medicine, or the treating, operating or prescribing for any
7 human condition by a method, means or procedure which the
8 physician licensee refuses to divulge upon demand of the
9 Department.
10 (20) Immoral conduct in the commission of any act
11 including, but not limited to, commission of an act of
12 sexual misconduct related to the physician licensee's
13 practice.
14 (21) Wilfully making or filing false records or reports
15 in his or her practice as a physician, including, but not
16 limited to, false records to support claims against the
17 medical assistance program of the Department of Healthcare
18 and Family Services (formerly Department of Public Aid)
19 under the Illinois Public Aid Code.
20 (22) Wilful omission to file or record, or wilfully
21 impeding the filing or recording, or inducing another
22 person to omit to file or record, medical reports as
23 required by law, or wilfully failing to report an instance
24 of suspected abuse or neglect as required by law.
25 (23) Being named as a perpetrator in an indicated
26 report by the Department of Children and Family Services

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1 under the Abused and Neglected Child Reporting Act, and
2 upon proof by clear and convincing evidence that the
3 physician licensee has caused a child to be an abused child
4 or neglected child as defined in the Abused and Neglected
5 Child Reporting Act.
6 (24) Solicitation of professional patronage by any
7 corporation, agents or persons, or profiting from those
8 representing themselves to be agents of the physician
9 licensee.
10 (25) Gross and wilful and continued overcharging for
11 professional services, including filing false statements
12 for collection of fees for which services are not rendered,
13 including, but not limited to, filing such false statements
14 for collection of moneys monies for services not rendered
15 from the medical assistance program of the Department of
16 Healthcare and Family Services (formerly Department of
17 Public Aid) under the Illinois Public Aid Code.
18 (26) A pattern of practice or other behavior which
19 demonstrates incapacity or incompetence to practice under
20 this Act.
21 (27) Mental illness or disability which results in the
22 inability to practice under this Act with reasonable
23 judgment, skill or safety.
24 (28) Physical illness, including, but not limited to,
25 deterioration through the aging process, or loss of motor
26 skill which results in a physician's inability to practice

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1 under this Act with reasonable judgment, skill or safety.
2 (29) Cheating on or attempt to subvert the licensing
3 examinations administered under this Act.
4 (30) Wilfully or negligently violating the
5 confidentiality between physician and patient except as
6 required by law.
7 (31) The use of any false, fraudulent, or deceptive
8 statement in any document connected with practice under
9 this Act.
10 (32) Aiding and abetting an individual not licensed
11 under this Act in the practice of a profession licensed
12 under this Act.
13 (33) Violating state or federal laws or regulations
14 relating to controlled substances, legend drugs, or
15 ephedra as defined in the Ephedra Prohibition Act.
16 (34) Failure to report to the Department any adverse
17 final action taken against them by another licensing
18 jurisdiction (any other state or any territory of the
19 United States or any foreign state or country), by any peer
20 review body, by any health care institution, by any
21 professional society or association related to practice
22 under this Act, by any governmental agency, by any law
23 enforcement agency, or by any court for acts or conduct
24 similar to acts or conduct which would constitute grounds
25 for action as defined in this Section.
26 (35) Failure to report to the Department surrender of a

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1 physician license or authorization to practice as a medical
2 doctor, a doctor of osteopathy, a doctor of osteopathic
3 medicine, or doctor of chiropractic in another state or
4 jurisdiction, or surrender of membership on any medical
5 staff or in any medical or professional association or
6 society, while under disciplinary investigation by any of
7 those authorities or bodies, for acts or conduct similar to
8 acts or conduct which would constitute grounds for action
9 as defined in this Section.
10 (36) Failure to report to the Department any adverse
11 judgment, settlement, or award arising from a liability
12 claim related to acts or conduct similar to acts or conduct
13 which would constitute grounds for action as defined in
14 this Section.
15 (37) Failure to provide copies of medical records as
16 required by law.
17 (38) Failure to furnish the Department, its
18 investigators or representatives, relevant information,
19 legally requested by the Department after consultation
20 with the Chief Medical Coordinator or the Deputy Medical
21 Coordinator.
22 (39) Violating the Health Care Worker Self-Referral
23 Act.
24 (40) Willful failure to provide notice when notice is
25 required under the Parental Notice of Abortion Act of 1995.
26 (41) Failure to establish and maintain records of

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1 patient care and treatment as required by this law.
2 (42) Entering into an excessive number of written
3 collaborative agreements with licensed advanced practice
4 nurses resulting in an inability to adequately
5 collaborate.
6 (43) Repeated failure to adequately collaborate with a
7 licensed advanced practice nurse.
8 (44) Violating the Compassionate Use of Medical
9 Cannabis Pilot Program Act.
10 (45) Entering into an excessive number of written
11 collaborative agreements with licensed prescribing
12 psychologists resulting in an inability to adequately
13 collaborate.
14 (46) Repeated failure to adequately collaborate with a
15 licensed prescribing psychologist.
16 Except for actions involving the ground numbered (26), all
17proceedings to suspend, revoke, place on probationary status,
18or take any other disciplinary action as the Department may
19deem proper, with regard to a physician license on any of the
20foregoing grounds, must be commenced within 5 years next after
21receipt by the Department of a complaint alleging the
22commission of or notice of the conviction order for any of the
23acts described herein. Except for the grounds numbered (8),
24(9), (26), and (29), no action shall be commenced more than 10
25years after the date of the incident or act alleged to have
26violated this Section. For actions involving the ground

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1numbered (26), a pattern of practice or other behavior includes
2all incidents alleged to be part of the pattern of practice or
3other behavior that occurred, or a report pursuant to Section
423 of this Act received, within the 10-year period preceding
5the filing of the complaint. In the event of the settlement of
6any claim or cause of action in favor of the claimant or the
7reduction to final judgment of any civil action in favor of the
8plaintiff, such claim, cause of action or civil action being
9grounded on the allegation that a physician person licensed
10under this Act was negligent in providing care, the Department
11shall have an additional period of 2 years from the date of
12notification to the Department under Section 23 of this Act of
13such settlement or final judgment in which to investigate and
14commence formal disciplinary proceedings under Section 36 of
15this Act, except as otherwise provided by law. The time during
16which the holder of the physician license was outside the State
17of Illinois shall not be included within any period of time
18limiting the commencement of disciplinary action by the
19Department.
20 The entry of an order or judgment by any circuit court
21establishing that any person holding a physician license under
22this Act is a person in need of mental treatment operates as a
23suspension of that physician license. That person may resume
24their practice only upon the entry of a Departmental order
25based upon a finding by the Disciplinary Board that they have
26been determined to be recovered from mental illness by the

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1court and upon the Disciplinary Board's recommendation that
2they be permitted to resume their practice.
3 The Department may refuse to issue or take disciplinary
4action concerning the physician license of any person who fails
5to file a return, or to pay the tax, penalty or interest shown
6in a filed return, or to pay any final assessment of tax,
7penalty or interest, as required by any tax Act administered by
8the Illinois Department of Revenue, until such time as the
9requirements of any such tax Act are satisfied as determined by
10the Illinois Department of Revenue.
11 The Department, upon the recommendation of the
12Disciplinary Board, shall adopt rules which set forth standards
13to be used in determining:
14 (a) when a person will be deemed sufficiently
15 rehabilitated to warrant the public trust;
16 (b) what constitutes dishonorable, unethical or
17 unprofessional conduct of a character likely to deceive,
18 defraud, or harm the public;
19 (c) what constitutes immoral conduct in the commission
20 of any act, including, but not limited to, commission of an
21 act of sexual misconduct related to the physician
22 licensee's practice; and
23 (d) what constitutes gross negligence in the practice
24 of medicine.
25 However, no such rule shall be admissible into evidence in
26any civil action except for review of a licensing or other

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1disciplinary action under this Act.
2 In enforcing this Section, the Disciplinary Board or the
3Licensing Board, upon a showing of a possible violation, may
4compel, in the case of the Disciplinary Board, any physician
5individual who is licensed to practice under this Act or holds
6a permit to practice under this Act, or, in the case of the
7Licensing Board, any individual who has applied for physician
8licensure or a permit pursuant to this Act, to submit to a
9mental or physical examination and evaluation, or both, which
10may include a substance abuse or sexual offender evaluation, as
11required by the Licensing Board or Disciplinary Board and at
12the expense of the Department. The Disciplinary Board or
13Licensing Board shall specifically designate the examining
14physician licensed to practice medicine in all of its branches
15or, if applicable, the multidisciplinary team involved in
16providing the mental or physical examination and evaluation, or
17both. The multidisciplinary team shall be led by a physician
18licensed to practice medicine in all of its branches and may
19consist of one or more or a combination of physicians licensed
20to practice medicine in all of its branches, licensed
21chiropractic physicians, licensed clinical psychologists,
22licensed clinical social workers, licensed clinical
23professional counselors, and other professional and
24administrative staff. Any examining physician or member of the
25multidisciplinary team may require any person ordered to submit
26to an examination and evaluation pursuant to this Section to

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1submit to any additional supplemental testing deemed necessary
2to complete any examination or evaluation process, including,
3but not limited to, blood testing, urinalysis, psychological
4testing, or neuropsychological testing. The Disciplinary
5Board, the Licensing Board, or the Department may order the
6examining physician or any member of the multidisciplinary team
7to provide to the Department, the Disciplinary Board, or the
8Licensing Board any and all records, including business
9records, that relate to the examination and evaluation,
10including any supplemental testing performed. The Disciplinary
11Board, the Licensing Board, or the Department may order the
12examining physician or any member of the multidisciplinary team
13to present testimony concerning this examination and
14evaluation of the licensee, permit holder, or applicant,
15including testimony concerning any supplemental testing or
16documents relating to the examination and evaluation. No
17information, report, record, or other documents in any way
18related to the examination and evaluation shall be excluded by
19reason of any common law or statutory privilege relating to
20communication between the licensee, permit holder, or
21applicant and the examining physician or any member of the
22multidisciplinary team. No authorization is necessary from the
23licensee, permit holder, or applicant ordered to undergo an
24evaluation and examination for the examining physician or any
25member of the multidisciplinary team to provide information,
26reports, records, or other documents or to provide any

HB2975- 62 -LRB100 05385 SMS 15396 b
1testimony regarding the examination and evaluation. The
2individual to be examined may have, at his or her own expense,
3another physician of his or her choice present during all
4aspects of the examination. Failure of any individual to submit
5to mental or physical examination and evaluation, or both, when
6directed, shall result in an automatic suspension, without
7hearing, until such time as the individual submits to the
8examination. If the Disciplinary Board or Licensing Board finds
9a physician unable to practice following an examination and
10evaluation because of the reasons set forth in this Section,
11the Disciplinary Board or Licensing Board shall require such
12physician to submit to care, counseling, or treatment by
13physicians, or other health care professionals, approved or
14designated by the Disciplinary Board, as a condition for
15issued, continued, reinstated, or renewed licensure to
16practice. Any physician, whose license was granted pursuant to
17Sections 9, 17, or 19 of this Act, or, continued, reinstated,
18renewed, disciplined or supervised, subject to such terms,
19conditions or restrictions who shall fail to comply with such
20terms, conditions or restrictions, or to complete a required
21program of care, counseling, or treatment, as determined by the
22Chief Medical Coordinator or Deputy Medical Coordinators,
23shall be referred to the Secretary for a determination as to
24whether the licensee shall have their license suspended
25immediately, pending a hearing by the Disciplinary Board. In
26instances in which the Secretary immediately suspends a license

HB2975- 63 -LRB100 05385 SMS 15396 b
1under this Section, a hearing upon such person's license must
2be convened by the Disciplinary Board within 15 days after such
3suspension and completed without appreciable delay. The
4Disciplinary Board shall have the authority to review the
5subject physician's record of treatment and counseling
6regarding the impairment, to the extent permitted by applicable
7federal statutes and regulations safeguarding the
8confidentiality of medical records.
9 A physician An individual licensed under this Act, affected
10under this Section, shall be afforded an opportunity to
11demonstrate to the Disciplinary Board that they can resume
12practice in compliance with acceptable and prevailing
13standards under the provisions of their license.
14 The Department may promulgate rules for the imposition of
15fines in disciplinary cases, not to exceed $10,000 for each
16violation of this Act. Fines may be imposed in conjunction with
17other forms of disciplinary action, but shall not be the
18exclusive disposition of any disciplinary action arising out of
19conduct resulting in death or injury to a patient. Any funds
20collected from such fines shall be deposited in the Medical
21Disciplinary Fund.
22 All fines imposed under this Section shall be paid within
2360 days after the effective date of the order imposing the fine
24or in accordance with the terms set forth in the order imposing
25the fine.
26 (B) The Department shall revoke the license or permit

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1issued under this Act to practice medicine or a chiropractic
2physician who has been convicted a second time of committing
3any felony under the Illinois Controlled Substances Act or the
4Methamphetamine Control and Community Protection Act, or who
5has been convicted a second time of committing a Class 1 felony
6under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
7person whose physician license or permit is revoked under this
8subsection B shall be prohibited from practicing medicine or
9treating human ailments without the use of drugs and without
10operative surgery.
11 (C) The Department shall not revoke, suspend, place on
12probation, reprimand, refuse to issue or renew, or take any
13other disciplinary or non-disciplinary action against the
14physician license or permit issued under this Act to practice
15medicine to a physician based solely upon the recommendation of
16the physician to an eligible patient regarding, or prescription
17for, or treatment with, an investigational drug, biological
18product, or device.
19 (D) The Disciplinary Board shall recommend to the
20Department civil penalties and any other appropriate
21discipline in disciplinary cases when the Board finds that a
22physician willfully performed an abortion with actual
23knowledge that the person upon whom the abortion has been
24performed is a minor or an incompetent person without notice as
25required under the Parental Notice of Abortion Act of 1995.
26Upon the Board's recommendation, the Department shall impose,

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1for the first violation, a civil penalty of $1,000 and for a
2second or subsequent violation, a civil penalty of $5,000.
3(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
498-1140, eff. 12-30-14; 99-270, eff. 1-1-16.)
5 (225 ILCS 60/22.1 new)
6 Sec. 22.1. Grounds for disciplinary action of
7anesthesiologist assistant licenses.
8 (a) The Department may refuse to issue or to renew, or may
9revoke, suspend, place on probation, censure, or reprimand, or
10may take other disciplinary or non-disciplinary action with
11regard to any anesthesiologist assistant license issued under
12this Act as the Department may deem proper, including the
13issuance of fines not to exceed $10,000 for each violation, for
14any one or combination of the following:
15 (1) Material misstatement in furnishing information to
16 the Department.
17 (2) Violations of this Act or the rules adopted under
18 this Act.
19 (3) Conviction of or entry of a plea of guilty or nolo
20 contendere to any crime that is a felony under the laws of
21 the United States or any state or territory thereof or that
22 is a misdemeanor of which an essential element is
23 dishonesty or that is directly related to the practice of
24 the profession.
25 (4) Making any misrepresentation for the purpose of

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1 obtaining anesthesiologist assistant licenses.
2 (5) Professional incompetence.
3 (6) Aiding or assisting another person in violating any
4 provision of this Act or its rules.
5 (7) Failing, within 60 days, to provide information in
6 response to a written request made by the Department.
7 (8) Engaging in dishonorable, unethical, or
8 unprofessional conduct, as defined by rule, of a character
9 likely to deceive, defraud, or harm the public.
10 (9) Habitual or excessive use or addiction to alcohol,
11 narcotics, stimulants, or any other chemical agent or drug
12 that results in a anesthesiologist assistant's inability
13 to practice with reasonable judgment, skill, or safety.
14 (10) Discipline by another U.S. jurisdiction or
15 foreign nation, if at least one of the grounds for
16 discipline is the same or substantially equivalent to those
17 set forth in this Section.
18 (11) Directly or indirectly giving to or receiving from
19 any person, firm, corporation, partnership, or association
20 any fee, commission, rebate or other form of compensation
21 for any professional services not actually or personally
22 rendered. Nothing in this paragraph (11) affects any bona
23 fide independent contractor or employment arrangements,
24 which may include provisions for compensation, health
25 insurance, pension, or other employment benefits, with
26 persons or entities authorized under this Act for the

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1 provision of services within the scope of the
2 anesthesiologist assistant licensee's practice under this
3 Act.
4 (12) A finding by the Disciplinary Board that the
5 anesthesiologist assistant licensee, after having his or
6 her anesthesiologist assistant license placed on
7 probationary status, has violated the terms of probation.
8 (13) Abandonment of a patient.
9 (14) Willfully making or filing false records or
10 reports in his or her practice, including, but not limited
11 to, false records filed with state agencies or departments.
12 (15) Willfully failing to report an instance of
13 suspected child abuse or neglect as required by the Abused
14 and Neglected Child Reporting Act.
15 (16) Physical illness, or mental illness or impairment
16 that results in the inability to practice the profession
17 with reasonable judgment, skill, or safety, including, but
18 not limited to, deterioration through the aging process or
19 loss of motor skill.
20 (17) Being named as a perpetrator in an indicated
21 report by the Department of Children and Family Services
22 under the Abused and Neglected Child Reporting Act, and
23 upon proof by clear and convincing evidence that the
24 anesthesiologist assistant licensee has caused a child to
25 be an abused child or neglected child as defined in the
26 Abused and Neglected Child Reporting Act.

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1 (18) Gross negligence resulting in permanent injury or
2 death of a patient.
3 (19) Employment of fraud, deception, or any unlawful
4 means in applying for or securing a license as a
5 anesthesiologist assistant.
6 (20) Exceeding the authority delegated to him or her by
7 his or her supervising physician.
8 21) Immoral conduct in the commission of any act, such
9 as sexual abuse, sexual misconduct or sexual exploitation
10 related to the anesthesiologist assistant licensee's
11 practice.
12 (22) Practicing under a false or assumed name, except
13 as provided by law.
14 (23) Making a false or misleading statement regarding
15 his or her skill or the efficacy or value of the medicine,
16 treatment, or remedy prescribed by him or her in the course
17 of treatment.
18 (24) Allowing another person to use his or her
19 anesthesiologist assistant license to practice.
20 (25) A pattern of practice or other behavior that
21 demonstrates incapacity or incompetence to practice under
22 this Act.
23 (b) The Department may, without a hearing, refuse to issue
24or renew or may suspend the anesthesiologist assistant license
25of any person who fails to file a return, or to pay the tax,
26penalty or interest shown in a filed return, or to pay any

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1final assessment of the tax, penalty, or interest as required
2by any tax Act administered by the Illinois Department of
3Revenue, until such time as the requirements of any such tax
4Act are satisfied.
5 (c) The determination by a circuit court that a
6anesthesiologist assistant licensee is subject to involuntary
7admission or judicial admission as provided in the Mental
8Health and Developmental Disabilities Code operates as an
9automatic suspension. The suspension will end only upon a
10finding by a court that the patient is no longer subject to
11involuntary admission or judicial admission and issues an order
12so finding and discharging the patient, and upon the
13recommendation of the Disciplinary Board to the Secretary that
14the anesthesiologist assistant licensee be allowed to resume
15his or her practice.
16 (d) In enforcing this Section, the Department upon a
17showing of a possible violation may compel a anesthesiologist
18assistant licensed to practice under this Act, or who has
19applied for anesthesiologist assistant licensure under this
20Act, to submit to a mental or physical examination, or both, as
21required by and at the expense of the Department. The
22Department may order the examining physician to present
23testimony concerning the mental or physical examination of the
24anesthesiologist assistant licensee or applicant. No
25information shall be excluded by reason of any common law or
26statutory privilege relating to communications between the

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1licensee or applicant and the examining physician. The
2examining physicians shall be specifically designated by the
3Department. The individual to be examined may have, at his or
4her own expense, another physician of his or her choice present
5during all aspects of this examination. Failure of an
6individual to submit to a mental or physical examination, when
7directed, shall be grounds for suspension of his or her
8anesthesiologist assistant license until the individual
9submits to the examination if the Department finds, after
10notice and hearing, that the refusal to submit to the
11examination was without reasonable cause.
12 If the Department finds an individual unable to practice
13because of the reasons set forth in this Section, the
14Department may require that individual to submit to care,
15counseling, or treatment by physicians approved or designated
16by the Department, as a condition, term, or restriction for
17continued, reinstated, or renewed anesthesiologist assistant
18licensure to practice; or, in lieu of care, counseling, or
19treatment, the Department may file a complaint to immediately
20suspend, revoke, or otherwise discipline the anesthesiologist
21assistant license of the individual. An individual whose
22anesthesiologist assistant license was granted, continued,
23reinstated, renewed, disciplined, or supervised subject to
24such terms, conditions, or restrictions, and who fails to
25comply with such terms, conditions, or restrictions, shall be
26referred to the Secretary for a determination as to whether the

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1individual shall have his or her anesthesiologist assistant
2license suspended immediately, pending a hearing by the
3Department.
4 In instances in which the Secretary immediately suspends a
5person's anesthesiologist assistant license under this
6Section, a hearing on that person's license must be convened by
7the Department within 30 days after the suspension and
8completed without appreciable delay. The Department shall have
9the authority to review the subject individual's record of
10treatment and counseling regarding the impairment to the extent
11permitted by applicable federal statutes and regulations
12safeguarding the confidentiality of medical records.
13 An anesthesiologist assistant licensed under this Act and
14affected under this Section shall be afforded an opportunity to
15demonstrate to the Department that he or she can resume
16practice in compliance with acceptable and prevailing
17standards under the provisions of his or her anesthesiologist
18assistant license.
19 (225 ILCS 60/22.2)
20 (Section scheduled to be repealed on December 31, 2017)
21 Sec. 22.2. Prohibition against fee splitting.
22 (a) A physician licensee under this Act may not directly or
23indirectly divide, share or split any professional fee or other
24form of compensation for professional services with anyone in
25exchange for a referral or otherwise, other than as provided in

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1this Section 22.2.
2 (b) Nothing contained in this Section abrogates the right
3of 2 or more licensed health care workers as defined in the
4Health Care Worker Self-referral Act to each receive adequate
5compensation for concurrently rendering services to a patient
6and to divide the fee for such service, provided that the
7patient has full knowledge of the division and the division is
8made in proportion to the actual services personally performed
9and responsibility assumed by each licensee consistent with his
10or her license, except as prohibited by law.
11 (c) Nothing contained in this Section prohibits a physician
12licensee under this Act from practicing medicine through or
13within any form of legal entity authorized to conduct business
14in this State or from pooling, sharing, dividing, or
15apportioning the professional fees and other revenues in
16accordance with the agreements and policies of the entity
17provided:
18 (1) each owner of the entity is licensed as a physician
19 under this Act;
20 (2) the entity is organized under the Medical
21 Corporation Act, the Professional Services Corporation
22 Act, the Professional Association Act, or the Limited
23 Liability Company Act;
24 (3) the entity is allowed by Illinois law to provide
25 physician services or employ physicians such as a licensed
26 hospital or hospital affiliate or licensed ambulatory

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1 surgical treatment center owned in full or in part by
2 Illinois-licensed physicians;
3 (4) the entity is a combination or joint venture of the
4 entities authorized under this subsection (c); or
5 (5) the entity is an Illinois not for profit
6 corporation that is recognized as exempt from the payment
7 of federal income taxes as an organization described in
8 Section 501(c)(3) of the Internal Revenue Code and all of
9 its members are full-time faculty members of a medical
10 school that offers a M.D. degree program that is accredited
11 by the Liaison Committee on Medical Education and a program
12 of graduate medical education that is accredited by the
13 Accreditation Council for Graduate Medical Education.
14 (d) Nothing contained in this Section prohibits a physician
15licensee under this Act from paying a fair market value fee to
16any person or entity whose purpose is to perform billing,
17administrative preparation, or collection services based upon
18a percentage of professional service fees billed or collected,
19a flat fee, or any other arrangement that directly or
20indirectly divides professional fees, for the administrative
21preparation of the physician licensee's claims or the
22collection of the physician licensee's charges for
23professional services, provided that:
24 (i) the physician licensee or the physician licensee's
25 practice under subsection (c) of this Section at all times
26 controls the amount of fees charged and collected; and

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1 (ii) all charges collected are paid directly to the
2 physician licensee or the physician licensee's practice or
3 are deposited directly into an account in the name of and
4 under the sole control of the physician licensee or the
5 physician licensee's practice or deposited into a "Trust
6 Account" by a licensed collection agency in accordance with
7 the requirements of Section 8(c) of the Illinois Collection
8 Agency Act.
9 (e) Nothing contained in this Section prohibits the
10granting of a security interest in the accounts receivable or
11fees of a physician licensee under this Act or the physician
12licensee's practice for bona fide advances made to the
13physician licensee or physician licensee's practice provided
14the physician licensee retains control and responsibility for
15the collection of the accounts receivable and fees.
16 (f) Excluding payments that may be made to the owners of or
17physician licensees in the physician licensee's practice under
18subsection (c), a physician licensee under this Act may not
19divide, share or split a professional service fee with, or
20otherwise directly or indirectly pay a percentage of the
21physician licensee's professional service fees, revenues or
22profits to anyone for: (i) the marketing or management of the
23physician licensee's practice, (ii) including the physician
24licensee or the physician licensee's practice on any preferred
25provider list, (iii) allowing the physician licensee to
26participate in any network of health care providers, (iv)

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1negotiating fees, charges or terms of service or payment on
2behalf of the physician licensee, or (v) including the
3physician licensee in a program whereby patients or
4beneficiaries are provided an incentive to use the services of
5the physician licensee.
6(Source: P.A. 96-608, eff. 8-24-09; 96-1126, eff. 7-20-10.)
7 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
8 (Section scheduled to be repealed on December 31, 2017)
9 Sec. 23. Reports relating to professional conduct and
10capacity of physicians.
11 (A) Entities required to report.
12 (1) Health care institutions. The chief administrator
13 or executive officer of any health care institution
14 licensed by the Illinois Department of Public Health shall
15 report to the Disciplinary Board when any person's clinical
16 privileges are terminated or are restricted based on a
17 final determination made in accordance with that
18 institution's by-laws or rules and regulations that a
19 person has either committed an act or acts which may
20 directly threaten patient care or that a person may have a
21 mental or physical disability that may endanger patients
22 under that person's care. Such officer also shall report if
23 a person accepts voluntary termination or restriction of
24 clinical privileges in lieu of formal action based upon
25 conduct related directly to patient care or in lieu of

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1 formal action seeking to determine whether a person may
2 have a mental or physical disability that may endanger
3 patients under that person's care. The Disciplinary Board
4 shall, by rule, provide for the reporting to it by health
5 care institutions of all instances in which a physician
6 person, licensed under this Act, who is impaired by reason
7 of age, drug or alcohol abuse or physical or mental
8 impairment, is under supervision and, where appropriate,
9 is in a program of rehabilitation. Such reports shall be
10 strictly confidential and may be reviewed and considered
11 only by the members of the Disciplinary Board, or by
12 authorized staff as provided by rules of the Disciplinary
13 Board. Provisions shall be made for the periodic report of
14 the status of any such person not less than twice annually
15 in order that the Disciplinary Board shall have current
16 information upon which to determine the status of any such
17 person. Such initial and periodic reports of impaired
18 physicians shall not be considered records within the
19 meaning of The State Records Act and shall be disposed of,
20 following a determination by the Disciplinary Board that
21 such reports are no longer required, in a manner and at
22 such time as the Disciplinary Board shall determine by
23 rule. The filing of such reports shall be construed as the
24 filing of a report for purposes of subsection (C) of this
25 Section.
26 (1.5) Clinical training programs. The program director

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1 of any post-graduate clinical training program shall
2 report to the Disciplinary Board if a person engaged in a
3 post-graduate clinical training program at the
4 institution, including, but not limited to, a residency or
5 fellowship, separates from the program for any reason prior
6 to its conclusion. The program director shall provide all
7 documentation relating to the separation if, after review
8 of the report, the Disciplinary Board determines that a
9 review of those documents is necessary to determine whether
10 a violation of this Act occurred.
11 (2) Professional associations. The President or chief
12 executive officer of any association or society, of
13 physicians persons licensed under this Act, operating
14 within this State shall report to the Disciplinary Board
15 when the association or society renders a final
16 determination that a person has committed unprofessional
17 conduct related directly to patient care or that a person
18 may have a mental or physical disability that may endanger
19 patients under that person's care.
20 (3) Professional liability insurers. Every insurance
21 company which offers policies of professional liability
22 insurance to physicians persons licensed under this Act, or
23 any other entity which seeks to indemnify the professional
24 liability of a physician person licensed under this Act,
25 shall report to the Disciplinary Board the settlement of
26 any claim or cause of action, or final judgment rendered in

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1 any cause of action, which alleged negligence in the
2 furnishing of medical care by such licensed physician
3 person when such settlement or final judgment is in favor
4 of the plaintiff.
5 (4) State's Attorneys. The State's Attorney of each
6 county shall report to the Disciplinary Board, within 5
7 days, any instances in which a physician person licensed
8 under this Act is convicted of any felony or Class A
9 misdemeanor. The State's Attorney of each county may report
10 to the Disciplinary Board through a verified complaint any
11 instance in which the State's Attorney believes that a
12 physician has willfully violated the notice requirements
13 of the Parental Notice of Abortion Act of 1995.
14 (5) State agencies. All agencies, boards, commissions,
15 departments, or other instrumentalities of the government
16 of the State of Illinois shall report to the Disciplinary
17 Board any instance arising in connection with the
18 operations of such agency, including the administration of
19 any law by such agency, in which a physician person
20 licensed under this Act has either committed an act or acts
21 which may be a violation of this Act or which may
22 constitute unprofessional conduct related directly to
23 patient care or which indicates that a physician person
24 licensed under this Act may have a mental or physical
25 disability that may endanger patients under that person's
26 care.

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1 (B) Mandatory reporting. All reports required by items
2(34), (35), and (36) of subsection (A) of Section 22 and by
3Section 23 shall be submitted to the Disciplinary Board in a
4timely fashion. Unless otherwise provided in this Section, the
5reports shall be filed in writing within 60 days after a
6determination that a report is required under this Act. All
7reports shall contain the following information:
8 (1) The name, address and telephone number of the
9 person making the report.
10 (2) The name, address and telephone number of the
11 person who is the subject of the report.
12 (3) The name and date of birth of any patient or
13 patients whose treatment is a subject of the report, if
14 available, or other means of identification if such
15 information is not available, identification of the
16 hospital or other healthcare facility where the care at
17 issue in the report was rendered, provided, however, no
18 medical records may be revealed.
19 (4) A brief description of the facts which gave rise to
20 the issuance of the report, including the dates of any
21 occurrences deemed to necessitate the filing of the report.
22 (5) If court action is involved, the identity of the
23 court in which the action is filed, along with the docket
24 number and date of filing of the action.
25 (6) Any further pertinent information which the
26 reporting party deems to be an aid in the evaluation of the

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1 report.
2 The Disciplinary Board or Department may also exercise the
3power under Section 38 of this Act to subpoena copies of
4hospital or medical records in mandatory report cases alleging
5death or permanent bodily injury. Appropriate rules shall be
6adopted by the Department with the approval of the Disciplinary
7Board.
8 When the Department has received written reports
9concerning incidents required to be reported in items (34),
10(35), and (36) of subsection (A) of Section 22, the physician
11licensee's failure to report the incident to the Department
12under those items shall not be the sole grounds for
13disciplinary action.
14 Nothing contained in this Section shall act to in any way,
15waive or modify the confidentiality of medical reports and
16committee reports to the extent provided by law. Any
17information reported or disclosed shall be kept for the
18confidential use of the Disciplinary Board, the Medical
19Coordinators, the Disciplinary Board's attorneys, the medical
20investigative staff, and authorized clerical staff, as
21provided in this Act, and shall be afforded the same status as
22is provided information concerning medical studies in Part 21
23of Article VIII of the Code of Civil Procedure, except that the
24Department may disclose information and documents to a federal,
25State, or local law enforcement agency pursuant to a subpoena
26in an ongoing criminal investigation or to a health care

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1licensing body or medical licensing authority of this State or
2another state or jurisdiction pursuant to an official request
3made by that licensing body or medical licensing authority.
4Furthermore, information and documents disclosed to a federal,
5State, or local law enforcement agency may be used by that
6agency only for the investigation and prosecution of a criminal
7offense, or, in the case of disclosure to a health care
8licensing body or medical licensing authority, only for
9investigations and disciplinary action proceedings with regard
10to a license. Information and documents disclosed to the
11Department of Public Health may be used by that Department only
12for investigation and disciplinary action regarding the
13license of a health care institution licensed by the Department
14of Public Health.
15 (C) Immunity from prosecution. Any individual or
16organization acting in good faith, and not in a wilful and
17wanton manner, in complying with this Act by providing any
18report or other information to the Disciplinary Board or a peer
19review committee, or assisting in the investigation or
20preparation of such information, or by voluntarily reporting to
21the Disciplinary Board or a peer review committee information
22regarding alleged errors or negligence by a physician person
23licensed under this Act, or by participating in proceedings of
24the Disciplinary Board or a peer review committee, or by
25serving as a member of the Disciplinary Board or a peer review
26committee, shall not, as a result of such actions, be subject

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1to criminal prosecution or civil damages.
2 (D) Indemnification. Members of the Disciplinary Board,
3the Licensing Board, the Medical Coordinators, the
4Disciplinary Board's attorneys, the medical investigative
5staff, physicians retained under contract to assist and advise
6the medical coordinators in the investigation, and authorized
7clerical staff shall be indemnified by the State for any
8actions occurring within the scope of services on the
9Disciplinary Board or Licensing Board, done in good faith and
10not wilful and wanton in nature. The Attorney General shall
11defend all such actions unless he or she determines either that
12there would be a conflict of interest in such representation or
13that the actions complained of were not in good faith or were
14wilful and wanton.
15 Should the Attorney General decline representation, the
16member shall have the right to employ counsel of his or her
17choice, whose fees shall be provided by the State, after
18approval by the Attorney General, unless there is a
19determination by a court that the member's actions were not in
20good faith or were wilful and wanton.
21 The member must notify the Attorney General within 7 days
22of receipt of notice of the initiation of any action involving
23services of the Disciplinary Board. Failure to so notify the
24Attorney General shall constitute an absolute waiver of the
25right to a defense and indemnification.
26 The Attorney General shall determine within 7 days after

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1receiving such notice, whether he or she will undertake to
2represent the member.
3 (E) Deliberations of Disciplinary Board. Upon the receipt
4of any report called for by this Act, other than those reports
5of impaired physician persons licensed under this Act required
6pursuant to the rules of the Disciplinary Board, the
7Disciplinary Board shall notify in writing, by certified mail,
8the person who is the subject of the report. Such notification
9shall be made within 30 days of receipt by the Disciplinary
10Board of the report.
11 The notification shall include a written notice setting
12forth the person's right to examine the report. Included in
13such notification shall be the address at which the file is
14maintained, the name of the custodian of the reports, and the
15telephone number at which the custodian may be reached. The
16person who is the subject of the report shall submit a written
17statement responding, clarifying, adding to, or proposing the
18amending of the report previously filed. The person who is the
19subject of the report shall also submit with the written
20statement any medical records related to the report. The
21statement and accompanying medical records shall become a
22permanent part of the file and must be received by the
23Disciplinary Board no more than 30 days after the date on which
24the person was notified by the Disciplinary Board of the
25existence of the original report.
26 The Disciplinary Board shall review all reports received by

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1it, together with any supporting information and responding
2statements submitted by persons who are the subject of reports.
3The review by the Disciplinary Board shall be in a timely
4manner but in no event, shall the Disciplinary Board's initial
5review of the material contained in each disciplinary file be
6less than 61 days nor more than 180 days after the receipt of
7the initial report by the Disciplinary Board.
8 When the Disciplinary Board makes its initial review of the
9materials contained within its disciplinary files, the
10Disciplinary Board shall, in writing, make a determination as
11to whether there are sufficient facts to warrant further
12investigation or action. Failure to make such determination
13within the time provided shall be deemed to be a determination
14that there are not sufficient facts to warrant further
15investigation or action.
16 Should the Disciplinary Board find that there are not
17sufficient facts to warrant further investigation, or action,
18the report shall be accepted for filing and the matter shall be
19deemed closed and so reported to the Secretary. The Secretary
20shall then have 30 days to accept the Disciplinary Board's
21decision or request further investigation. The Secretary shall
22inform the Board of the decision to request further
23investigation, including the specific reasons for the
24decision. The individual or entity filing the original report
25or complaint and the person who is the subject of the report or
26complaint shall be notified in writing by the Secretary of any

HB2975- 85 -LRB100 05385 SMS 15396 b
1final action on their report or complaint. The Department shall
2disclose to the individual or entity who filed the original
3report or complaint, on request, the status of the Disciplinary
4Board's review of a specific report or complaint. Such request
5may be made at any time, including prior to the Disciplinary
6Board's determination as to whether there are sufficient facts
7to warrant further investigation or action.
8 (F) Summary reports. The Disciplinary Board shall prepare,
9on a timely basis, but in no event less than once every other
10month, a summary report of final disciplinary actions taken
11upon disciplinary files maintained by the Disciplinary Board.
12The summary reports shall be made available to the public upon
13request and payment of the fees set by the Department. This
14publication may be made available to the public on the
15Department's website. Information or documentation relating to
16any disciplinary file that is closed without disciplinary
17action taken shall not be disclosed and shall be afforded the
18same status as is provided by Part 21 of Article VIII of the
19Code of Civil Procedure.
20 (G) Any violation of this Section shall be a Class A
21misdemeanor.
22 (H) If any such physician person violates the provisions of
23this Section an action may be brought in the name of the People
24of the State of Illinois, through the Attorney General of the
25State of Illinois, for an order enjoining such violation or for
26an order enforcing compliance with this Section. Upon filing of

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1a verified petition in such court, the court may issue a
2temporary restraining order without notice or bond and may
3preliminarily or permanently enjoin such violation, and if it
4is established that such person has violated or is violating
5the injunction, the court may punish the offender for contempt
6of court. Proceedings under this paragraph shall be in addition
7to, and not in lieu of, all other remedies and penalties
8provided for by this Section.
9(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)
10 (225 ILCS 60/25) (from Ch. 111, par. 4400-25)
11 (Section scheduled to be repealed on December 31, 2017)
12 Sec. 25. The Secretary of the Department may, upon receipt
13of a written communication from the Secretary of Human
14Services, the Director of Healthcare and Family Services
15(formerly Director of Public Aid), or the Director of Public
16Health that continuation of practice of a physician person
17licensed under this Act constitutes an immediate danger to the
18public, and after consultation with the Chief Medical
19Coordinator or Deputy Medical Coordinator, immediately suspend
20the physician license of such person without a hearing. In
21instances in which the Secretary immediately suspends a
22physician license under this Section, a hearing upon such
23person's physician license must be convened by the Disciplinary
24Board within 15 days after such suspension and completed
25without appreciable delay. Such hearing is to be held to

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1determine whether to recommend to the Secretary that the
2physician's person's license be revoked, suspended, placed on
3probationary status or reinstated, or whether such person
4should be subject to other disciplinary action. In the hearing,
5the written communication and any other evidence submitted
6therewith may be introduced as evidence against such person;
7provided however, the person, or their counsel, shall have the
8opportunity to discredit, impeach and submit evidence
9rebutting such evidence.
10(Source: P.A. 97-622, eff. 11-23-11.)
11 (225 ILCS 60/26) (from Ch. 111, par. 4400-26)
12 (Section scheduled to be repealed on December 31, 2017)
13 Sec. 26. Physician advertising Advertising.
14 (1) Any physician person licensed under this Act may
15advertise the availability of professional services in the
16public media or on the premises where such professional
17services are rendered. Such advertising shall be limited to the
18following information:
19 (a) Publication of the physician's person's name,
20 title, office hours, address and telephone number;
21 (b) Information pertaining to the physician's person's
22 areas of specialization, including appropriate board
23 certification or limitation of professional practice;
24 (c) Information on usual and customary fees for routine
25 professional services offered, which information shall

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1 include, notification that fees may be adjusted due to
2 complications or unforeseen circumstances;
3 (d) Announcement of the opening of, change of, absence
4 from, or return to business;
5 (e) Announcement of additions to or deletions from
6 professional licensed staff;
7 (f) The issuance of business or appointment cards.
8 (2) It is unlawful for any physician person licensed under
9this Act to use claims of superior quality of care to entice
10the public. It shall be unlawful to advertise fee comparisons
11of available services with those of other physicians persons
12licensed under this Act.
13 (3) This Act does not authorize the advertising of
14professional services which the offeror of such services is not
15licensed to render. Nor shall the advertiser use statements
16which contain false, fraudulent, deceptive or misleading
17material or guarantees of success, statements which play upon
18the vanity or fears of the public, or statements which promote
19or produce unfair competition.
20 (4) A physician licensee shall include in every
21advertisement for services regulated under this Act his or her
22title as it appears on the physician license or the initials
23authorized under this Act.
24(Source: P.A. 97-622, eff. 11-23-11.)
25 (225 ILCS 60/27) (from Ch. 111, par. 4400-27)

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1 (Section scheduled to be repealed on December 31, 2017)
2 Sec. 27. It is unlawful and punishable under Section 59 for
3any physician person licensed under this Act to knowingly
4advertise that the physician licensee will accept as payment
5for services rendered by assignment from any third party payor
6the amount the third party payor covers as payment in full, if
7the effect is to give the impression of eliminating the need of
8payment by the patient of any required deductible or copayment
9applicable in the patient's health benefit plan.
10 As used in this Section, "advertise" means solicitation by
11the physician licensee or through another by means of
12handbills, posters, circulars, motion pictures, radio,
13newspapers, television or in any other manner.
14(Source: P.A. 85-4.)
15 (225 ILCS 60/28.3 new)
16 Sec. 28.3. Anesthesiologist Assistant title; advertising;
17billing.
18 (a) No anesthesiologist assistant shall use the title of
19doctor or associate with his or her name or any other term in
20the clinical setting or while in contact with patients under
21their care that would indicate to other persons that he or she
22is qualified to engage in the general independent practice of
23anesthesiology or interventional pain management.
24 b) An anesthesiologist assistant licensee shall include in
25every advertisement for services regulated under this Act his

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1or her title as it appears on the license or the initials
2authorized under this Act.
3 (c) An anesthesiologist assistant shall not be allowed to
4bill patients or in any way to charge for services. Nothing in
5this Act, however, shall be so construed as to prevent the
6employer of an anesthesiologist assistant from charging for
7services rendered by the anesthesiologist assistant. Payment
8for services rendered by an anesthesiologist assistant shall be
9made to his or her employer if the payor would have made
10payment had the services been provided by an anesthesiologist.
11 (225 ILCS 60/28.5 new)
12 Sec. 28.5. Anesthesiologist assistant identification.
13Beginning on January 1, 2018, no person may designate himself
14or herself as an anesthesiologist assistant or use or assume
15the title "anesthesiologist assistant" or append to the
16person's name the words or letters "anesthesiologist
17assistant" or "A.A." or any other titles, letters, or
18designation that represents or may tend to represent the person
19as an anesthesiologist assistant unless he or she is licensed
20as an anesthesiologist assistant by the Department. An
21anesthesiologist assistant shall be clearly identified as an
22anesthesiologist assistant.
23 (225 ILCS 60/33) (from Ch. 111, par. 4400-33)
24 (Section scheduled to be repealed on December 31, 2017)

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1 Sec. 33. Legend drugs.
2 (a) Any person licensed under this Act to practice medicine
3in all of its branches shall be authorized to purchase legend
4drugs requiring an order of a person authorized to prescribe
5drugs, and to dispense such legend drugs in the regular course
6of practicing medicine. The dispensing of such legend drugs
7shall be the personal act of the physician person licensed
8under this Act and may not be delegated to any other person not
9licensed under this Act or the Pharmacy Practice Act unless
10such delegated dispensing functions are under the direct
11supervision of the physician authorized to dispense legend
12drugs. Except when dispensing manufacturers' samples or other
13legend drugs in a maximum 72 hour supply, physicians persons
14licensed under this Act shall maintain a book or file of
15prescriptions as required in the Pharmacy Practice Act. Any
16physician person licensed under this Act who dispenses any drug
17or medicine shall dispense such drug or medicine in good faith
18and shall affix to the box, bottle, vessel or package
19containing the same a label indicating (1) the date on which
20such drug or medicine is dispensed; (2) the name of the
21patient; (3) the last name of the physician person dispensing
22such drug or medicine; (4) the directions for use thereof; and
23(5) the proprietary name or names or, if there are none, the
24established name or names of the drug or medicine, the dosage
25and quantity, except as otherwise authorized by regulation of
26the Department.

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1 (b) The labeling requirements set forth in subsection (a)
2shall not apply to drugs or medicines in a package which bears
3a label of the manufacturer containing information describing
4its contents which is in compliance with requirements of the
5Federal Food, Drug, and Cosmetic Act and the Illinois Food,
6Drug, and Cosmetic Act. "Drug" and "medicine" have the meanings
7ascribed to them in the Pharmacy Practice Act, as now or
8hereafter amended; "good faith" has the meaning ascribed to it
9in subsection (u) of Section 102 of the Illinois Controlled
10Substances Act.
11 (c) Prior to dispensing a prescription to a patient, the
12physician shall offer a written prescription to the patient
13which the patient may elect to have filled by the physician or
14any licensed pharmacy.
15 (d) A violation of any provision of this Section shall
16constitute a violation of this Act and shall be grounds for
17disciplinary action provided for in this Act.
18 (e) Nothing in this Section shall be construed to authorize
19a chiropractic physician to prescribe drugs.
20(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
21 (225 ILCS 60/35) (from Ch. 111, par. 4400-35)
22 (Section scheduled to be repealed on December 31, 2017)
23 Sec. 35. Hearing officer. The Secretary shall have the
24authority to appoint an attorney duly licensed to practice law
25in the State of Illinois to serve as the hearing officer in any

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1action to suspend, revoke, place on probationary status, or
2take any other disciplinary action with regard to a license.
3The hearing officer shall have full authority to conduct the
4hearing. The hearing officer shall report his findings and
5recommendations to the Disciplinary Board within 30 days of the
6receipt of the record. The Disciplinary Board shall have 60
7days from receipt of the report to review the report of the
8hearing officer and present their findings of fact, conclusions
9of law and recommendations to the Secretary.
10(Source: P.A. 97-622, eff. 11-23-11.)
11 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
12 (Section scheduled to be repealed on December 31, 2017)
13 Sec. 36. Investigation; notice.
14 (a) Upon the motion of either the Department or the
15Disciplinary Board or upon the verified complaint in writing of
16any person setting forth facts which, if proven, would
17constitute grounds for suspension or revocation under Sections
18Section 22 or 22.1 of this Act, the Department shall
19investigate the actions of any person, so accused, who holds or
20represents that they hold a license. Such person is hereinafter
21called the accused.
22 (b) The Department shall, before suspending, revoking,
23placing on probationary status, or taking any other
24disciplinary action as the Department may deem proper with
25regard to any license at least 30 days prior to the date set

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1for the hearing, notify the accused in writing of any charges
2made and the time and place for a hearing of the charges before
3the Disciplinary Board, direct them to file their written
4answer thereto to the Disciplinary Board under oath within 20
5days after the service on them of such notice and inform them
6that if they fail to file such answer default will be taken
7against them and their license may be suspended, revoked,
8placed on probationary status, or have other disciplinary
9action, including limiting the scope, nature or extent of their
10practice, as the Department may deem proper taken with regard
11thereto. The Department shall, at least 14 days prior to the
12date set for the hearing, notify in writing any person who
13filed a complaint against the accused of the time and place for
14the hearing of the charges against the accused before the
15Disciplinary Board and inform such person whether he or she may
16provide testimony at the hearing.
17 (c) Where a physician has been found, upon complaint and
18investigation of the Department, and after hearing, to have
19performed an abortion procedure in a wilful and wanton manner
20upon a woman who was not pregnant at the time such abortion
21procedure was performed, the Department shall automatically
22revoke the license of such physician to practice medicine in
23Illinois.
24 (d) Such written notice and any notice in such proceedings
25thereafter may be served by delivery of the same, personally,
26to the accused person, or by mailing the same by registered or

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1certified mail to the accused person's address of record.
2 (e) All information gathered by the Department during its
3investigation including information subpoenaed under Section
423 or 38 of this Act and the investigative file shall be kept
5for the confidential use of the Secretary, Disciplinary Board,
6the Medical Coordinators, persons employed by contract to
7advise the Medical Coordinator or the Department, the
8Disciplinary Board's attorneys, the medical investigative
9staff, and authorized clerical staff, as provided in this Act
10and shall be afforded the same status as is provided
11information concerning medical studies in Part 21 of Article
12VIII of the Code of Civil Procedure, except that the Department
13may disclose information and documents to a federal, State, or
14local law enforcement agency pursuant to a subpoena in an
15ongoing criminal investigation to a health care licensing body
16of this State or another state or jurisdiction pursuant to an
17official request made by that licensing body. Furthermore,
18information and documents disclosed to a federal, State, or
19local law enforcement agency may be used by that agency only
20for the investigation and prosecution of a criminal offense or,
21in the case of disclosure to a health care licensing body, only
22for investigations and disciplinary action proceedings with
23regard to a license issued by that licensing body.
24(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;
2598-1140, eff. 12-30-14.)

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1 (225 ILCS 60/37.5 new)
2 Sec. 37.5. Temporary suspension of an anesthesiologist
3assistant license. The Secretary may temporarily suspend the
4license of a anesthesiologist assistant without a hearing,
5simultaneously with the institution of proceedings for a
6hearing provided for in Section 36 of this Act if the Secretary
7finds that evidence in his possession indicates that
8continuation in practice would constitute an imminent danger to
9the public. In the event that the Secretary suspends,
10temporarily, the license without a hearing, a hearing by the
11Department must be held within 30 days after such suspension
12has occurred and concluded without appreciable delay.
13 (225 ILCS 60/38) (from Ch. 111, par. 4400-38)
14 (Section scheduled to be repealed on December 31, 2017)
15 Sec. 38. Subpoena; oaths.
16 (a) The Disciplinary Board or Department has power to
17subpoena and bring before it any person in this State and to
18take testimony either orally or by deposition, or both, with
19the same fees and mileage and in the same manner as is
20prescribed by law for judicial procedure in civil cases.
21 (b) The Disciplinary Board, upon a determination that
22probable cause exists that a violation of one or more of the
23grounds for discipline listed in Sections Section 22 and 22.1
24has occurred or is occurring, may subpoena the medical and
25hospital records of individual patients of physicians licensed

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1under this Act, provided, that prior to the submission of such
2records to the Disciplinary Board, all information indicating
3the identity of the patient shall be removed and deleted.
4Notwithstanding the foregoing, the Disciplinary Board and
5Department shall possess the power to subpoena copies of
6hospital or medical records in mandatory report cases under
7Section 23 alleging death or permanent bodily injury when
8consent to obtain records is not provided by a patient or legal
9representative. Prior to submission of the records to the
10Disciplinary Board, all information indicating the identity of
11the patient shall be removed and deleted. All medical records
12and other information received pursuant to subpoena shall be
13confidential and shall be afforded the same status as is proved
14information concerning medical studies in Part 21 of Article
15VIII of the Code of Civil Procedure. The use of such records
16shall be restricted to members of the Disciplinary Board, the
17medical coordinators, and appropriate staff of the Department
18designated by the Disciplinary Board for the purpose of
19determining the existence of one or more grounds for discipline
20of the physician as provided for by Section 22 of this Act. Any
21such review of individual patients' records shall be conducted
22by the Disciplinary Board in strict confidentiality, provided
23that such patient records shall be admissible in a disciplinary
24hearing, before the Disciplinary Board, when necessary to
25substantiate the grounds for discipline alleged against the
26physician licensed under this Act, and provided further, that

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1nothing herein shall be deemed to supersede the provisions of
2Part 21 of Article VIII of the "Code of Civil Procedure", as
3now or hereafter amended, to the extent applicable.
4 (c) The Secretary, and any member of the Disciplinary Board
5each have power to administer oaths at any hearing which the
6Disciplinary Board or Department is authorized by law to
7conduct.
8 (d) The Disciplinary Board, upon a determination that
9probable cause exists that a violation of one or more of the
10grounds for discipline listed in Section 22 has occurred or is
11occurring on the business premises of a physician licensed
12under this Act, may issue an order authorizing an appropriately
13qualified investigator employed by the Department to enter upon
14the business premises with due consideration for patient care
15of the subject of the investigation so as to inspect the
16physical premises and equipment and furnishings therein. No
17such order shall include the right of inspection of business,
18medical, or personnel records located on the premises. For
19purposes of this Section, "business premises" is defined as the
20office or offices where the physician conducts the practice of
21medicine. Any such order shall expire and become void five
22business days after its issuance by the Disciplinary Board. The
23execution of any such order shall be valid only during the
24normal business hours of the facility or office to be
25inspected.
26(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

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1 (225 ILCS 60/39.5 new)
2 Sec. 39.5. Attendance of witnesses; production of
3documents. Any circuit court may, upon application of the
4Department or its designee or of the applicant or licensee
5against whom proceedings pursuant to Section 36 of this Act are
6pending, enter an order requiring the attendance of witnesses
7and their testimony and the production of documents, papers,
8files, books, and records in connection with any hearing or
9investigation. The court may compel obedience to its order by
10proceedings for contempt.
11 (225 ILCS 60/41) (from Ch. 111, par. 4400-41)
12 (Section scheduled to be repealed on December 31, 2017)
13 Sec. 41. Administrative review; venue; certification of
14record.
15 (a) All final administrative decisions of the Department
16are subject to judicial review pursuant to the Administrative
17Review Law and its rules. The term "administrative decision" is
18defined as in Section 3-101 of the Code of Civil Procedure.
19 (b) Proceedings for judicial review shall be commenced in
20the circuit court of the county in which the party applying for
21review resides; but if the party is not a resident of this
22State, the venue shall be in Sangamon County.
23 (c) The Department shall not be required to certify any
24record to the court, to file an answer in court, or to

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1otherwise appear in any court in a judicial review proceeding
2unless and until the Department has received from the plaintiff
3payment of the costs of furnishing and certifying the record,
4which costs shall be determined by the Department. Exhibits
5shall be certified without cost. Failure on the part of the
6plaintiff to file a receipt in court shall be grounds for
7dismissal of the action. During the pendency and hearing of any
8and all judicial proceedings incident to the disciplinary
9action the sanctions imposed upon the accused by the Department
10because of acts or omissions related to the delivery of direct
11patient care as specified in the Department's final
12administrative decision, shall as a matter of public policy
13remain in full force and effect in order to protect the public
14pending final resolution of any of the proceedings.
15(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
16 (225 ILCS 60/42) (from Ch. 111, par. 4400-42)
17 (Section scheduled to be repealed on December 31, 2017)
18 Sec. 42. Order or certified copy; prima facie proof. An
19order of revocation, suspension, placing the license on
20probationary status, or other formal disciplinary action as the
21Department may deem proper, or a certified copy thereof, over
22the seal of the Department and purporting to be signed by the
23Secretary, is prima facie proof that:
24 (a) Such signature is the genuine signature of the
25 Secretary;

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1 (b) The Secretary is duly appointed and qualified; and
2 (c) The Disciplinary Board and the members thereof are
3 qualified.
4 Such proof may be rebutted.
5(Source: P.A. 97-622, eff. 11-23-11.)
6 (225 ILCS 60/46) (from Ch. 111, par. 4400-46)
7 (Section scheduled to be repealed on December 31, 2017)
8 Sec. 46. In the event that the Department's order of
9revocation, suspension, placing the licensee on probationary
10status, or other order of formal disciplinary action is without
11any reasonable basis in fact of any kind, then the State of
12Illinois shall be liable to the injured physician or
13anesthesiologist assistant for those special damages they have
14suffered as a direct result of such order.
15(Source: P.A. 85-4.)
16 (225 ILCS 60/47) (from Ch. 111, par. 4400-47)
17 (Section scheduled to be repealed on December 31, 2017)
18 Sec. 47. Illinois Administrative Procedure Act. The
19Illinois Administrative Procedure Act is hereby expressly
20adopted and incorporated herein as if all of the provisions of
21that Act were included in this Act, except that the provision
22of subsection (d) of Section 10-65 of the Illinois
23Administrative Procedure Act that provides that at hearings the
24licensee has the right to show compliance with all lawful

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1requirements for retention, continuation or renewal of the
2license is specifically excluded. For the purposes of this Act
3the notice required under Section 10-25 of the Illinois
4Administrative Procedure Act is deemed sufficient when mailed
5to the address of record of a party.
6(Source: P.A. 97-622, eff. 11-23-11.)
7 (225 ILCS 60/48) (from Ch. 111, par. 4400-48)
8 (Section scheduled to be repealed on December 31, 2017)
9 Sec. 48. All licenses and certificates heretofore legally
10issued by authority of law in this State permitting the holder
11thereof to practice medicine in all of its branches, or to
12treat human ailments without the use of drugs and operative
13surgery, or to practice as an anesthesiologist assistant, and
14which are valid and in full force and effect on the taking
15effect of this Act, shall have the same force and effect, and
16be subject to the same authority of the Department to revoke or
17suspend them as licenses issued under this Act.
18(Source: P.A. 85-4.)
19 (225 ILCS 60/49) (from Ch. 111, par. 4400-49)
20 (Section scheduled to be repealed on December 31, 2017)
21 Sec. 49. If any person does any of the following and does
22not possess a valid physician license issued under this Act,
23that person shall be sentenced as provided in Section 59: (i)
24holds himself or herself out to the public as being engaged in

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1the diagnosis or treatment of physical or mental ailments or
2conditions including, but not limited to, deformities,
3diseases, disorders, or injuries of human beings; (ii)
4suggests, recommends or prescribes any form of treatment for
5the palliation, relief or cure of any physical or mental
6ailment or condition of any person with the intention of
7receiving, either directly or indirectly, any fee, gift, or
8compensation whatever; (iii) diagnoses or attempts to
9diagnose, operates upon, professes to heal, prescribes for, or
10otherwise treats any ailment or condition, or supposed ailment
11or condition, of another; (iv) maintains an office for
12examination or treatment of persons afflicted, or alleged or
13supposed to be afflicted, by any ailment or condition; (v)
14manipulates or adjusts osseous or articular structures; or (vi)
15attaches the title Doctor, Physician, Surgeon, M.D., D.O. or
16D.C. or any other word or abbreviation to his or her name
17indicating that he or she is engaged in the treatment of human
18ailments or conditions as a business.
19 Whenever the Department has reason to believe that any
20person has violated this Section the Department may issue a
21rule to show cause why an order to cease and desist should not
22be entered against that person. The rule shall clearly set
23forth the grounds relied upon by the Department and shall
24provide a period of 7 days from the date of the rule to file an
25answer to the satisfaction of the Department. Failure to answer
26to the satisfaction of the Department shall cause an order to

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1cease and desist to be issued immediately.
2(Source: P.A. 89-702, eff. 7-1-97.)
3 (225 ILCS 60/49.5)
4 (Section scheduled to be repealed on December 31, 2017)
5 Sec. 49.5. Telemedicine.
6 (a) The General Assembly finds and declares that because of
7technological advances and changing practice patterns the
8practice of medicine is occurring with increasing frequency
9across state lines and that certain technological advances in
10the practice of medicine are in the public interest. The
11General Assembly further finds and declares that the practice
12of medicine is a privilege and that the licensure by this State
13of practitioners outside this State engaging in medical
14practice within this State and the ability to discipline those
15practitioners is necessary for the protection of the public
16health, welfare, and safety.
17 (b) A person who engages in the practice of telemedicine
18without a physician license issued under this Act shall be
19subject to penalties provided in Section 59.
20 (c) For purposes of this Act, "telemedicine" means the
21performance of any of the activities listed in Section 49,
22including , but not limited to , rendering written or oral
23opinions concerning diagnosis or treatment of a patient in
24Illinois by a person located outside the State of Illinois as a
25result of transmission of individual patient data by

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1telephonic, electronic, or other means of communication from
2within this State. "Telemedicine" does not include the
3following:
4 (1) periodic consultations between a physician person
5 licensed under this Act and a person outside the State of
6 Illinois;
7 (2) a second opinion provided to a physician person
8 licensed under this Act; and
9 (3) diagnosis or treatment services provided to a
10 patient in Illinois following care or treatment originally
11 provided to the patient in the state in which the provider
12 is licensed to practice medicine.
13 (d) Whenever the Department has reason to believe that a
14physician person has violated this Section, the Department may
15issue a rule to show cause why an order to cease and desist
16should not be entered against that physician person. The rule
17shall clearly set forth the grounds relied upon by the
18Department and shall provide a period of 7 days from the date
19of the rule to file an answer to the satisfaction of the
20Department. Failure to answer to the satisfaction of the
21Department shall cause an order to cease and desist to be
22issued immediately.
23 (e) An out-of-state person providing a service listed in
24Section 49 to a patient residing in Illinois through the
25practice of telemedicine submits himself or herself to the
26jurisdiction of the courts of this State.

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1(Source: P.A. 90-99, eff. 1-1-98.)
2 (225 ILCS 60/59.5 new)
3 Sec. 59.5. Anesthesiologist assistant penalties. An
4anesthesiologist assistant who is found to have violated any
5provision of this Act is guilty of a Class A misdemeanor for
6the first offense and a Class 4 felony for the second and any
7subsequent offense.
8 (225 ILCS 60/61) (from Ch. 111, par. 4400-61)
9 (Section scheduled to be repealed on December 31, 2017)
10 Sec. 61. Practicing without a license.
11 (a) The practice of medicine in all of its branches, or the
12treatment of human ailments without the use of drugs and
13without operative surgery, the practice as an anesthesiologist
14assistant by any person not at that time holding a valid and
15current license under this Act to do so is hereby declared to
16be inimical to the public welfare and to constitute a public
17nuisance. The Secretary of the Department, the Attorney General
18of the State of Illinois, the State's Attorney of any County in
19the State, or any resident citizen may maintain an action in
20the name of the people of the State of Illinois, may apply for
21an injunction in the circuit court to enjoin any such person
22from engaging in such practice; and, upon the filing of a
23verified petition in such court, the court or any judge
24thereof, if satisfied by affidavit, or otherwise, that such

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1person has been engaged in such practice without a valid and
2current license to do so, may issue a temporary restraining
3order or preliminary injunction without notice or bond,
4enjoining the defendant from any such further practice. A copy
5of the verified complaint shall be served upon the defendant
6and the proceedings shall thereafter be conducted as in other
7civil cases. If it be established that the defendant has been,
8or is engaged in any such unlawful practice, the court, or any
9judge thereof, may enter an order or judgment perpetually
10enjoining the defendant from further engaging in such practice.
11In all proceedings hereunder the court, in its discretion, may
12apportion the costs among the parties interested in the suit,
13including cost of filing complaint, service of process, witness
14fees and expenses, court reporter charges and reasonable
15attorneys fees. In case of violation of any injunction entered
16under the provisions of this Section, the court, or any judge
17thereof, may summarily try and punish the offender for contempt
18of court. Such injunction proceedings shall be in addition to,
19and not in lieu of, all penalties and other remedies in this
20Act provided.
21 (b) If any person shall practice as an anesthesiologist
22assistant or hold himself or herself out as an anesthesiologist
23assistant without being licensed under the provisions of this
24Act, then any licensed anesthesiologist assistant, any
25interested party, or any person injured thereby may, in
26addition to the Secretary, petition for relief as provided in

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1subsection (a) of this Section.
2 (c) Whenever in the opinion of the Department any person
3violates any provision of this Act, the Department may issue a
4rule to show cause why an order to cease and desist should not
5be entered against the person. The rule shall clearly set forth
6the grounds relied upon by the Department and shall provide a
7period of 7 days from the date of the rule to file an answer to
8the satisfaction of the Department. Failure to answer to the
9satisfaction of the Department shall cause an order to cease
10and desist to be issued forthwith.
11(Source: P.A. 97-622, eff. 11-23-11.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.

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1 INDEX
2 Statutes amended in order of appearance
3 210 ILCS 5/6.5
4 210 ILCS 85/10.7
5 225 ILCS 60/2from Ch. 111, par. 4400-2
6 225 ILCS 60/3from Ch. 111, par. 4400-3
7 225 ILCS 60/3.5
8 225 ILCS 60/4.5 new
9 225 ILCS 60/8.5 new
10 225 ILCS 60/9from Ch. 111, par. 4400-9
11 225 ILCS 60/9.1 new
12 225 ILCS 60/9.3
13 225 ILCS 60/11from Ch. 111, par. 4400-11
14 225 ILCS 60/11.3 new
15 225 ILCS 60/11.5 new
16 225 ILCS 60/12from Ch. 111, par. 4400-12
17 225 ILCS 60/19from Ch. 111, par. 4400-19
18 225 ILCS 60/19.5 new
19 225 ILCS 60/20from Ch. 111, par. 4400-20
20 225 ILCS 60/21from Ch. 111, par. 4400-21
21 225 ILCS 60/21.3 new
22 225 ILCS 60/21.5 new
23 225 ILCS 60/21.7 new
24 225 ILCS 60/21.9 new
25 225 ILCS 60/22from Ch. 111, par. 4400-22

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