Bill Text: IL HB4096 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Medical Practice Act of 1987. Provides that sex-reassignment procedures are prohibited for patients younger than 18 years of age. Provides that if sex-reassignment procedures are administered or performed on patients 18 years of age or older, consent must be provided as specified. Provides that the Department of Financial and Professional Regulation shall revoke the license of any physician who willfully or actively violates the prohibition on sex-reassignment procedures for patients younger than 18 years of age. Amends the Hospital Licensing Act and the Ambulatory Surgical Treatment Center Act. Adds a failure to comply with the provisions as grounds for fines, license denial, license suspension or revocation, or refusal to renew a hospital or facility's license. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking.

Spectrum: Partisan Bill (Republican 23-0)

Status: (Introduced) 2023-05-24 - Added Co-Sponsor Rep. Randy E. Frese [HB4096 Detail]

Download: Illinois-2023-HB4096-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4096 Introduced 5/17/2023, by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.35 new
210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f
210 ILCS 85/7 from Ch. 111 1/2, par. 148
225 ILCS 60/67 new
Amends the Medical Practice Act of 1987. Provides that sex-reassignment procedures are prohibited for patients younger than 18 years of age. Provides that if sex-reassignment procedures are administered or performed on patients 18 years of age or older, consent must be provided as specified. Provides that the Department of Financial and Professional Regulation shall revoke the license of any physician who willfully or actively violates the prohibition on sex-reassignment procedures for patients younger than 18 years of age. Amends the Hospital Licensing Act and the Ambulatory Surgical Treatment Center Act. Adds a failure to comply with the provisions as grounds for fines, license denial, license suspension or revocation, or refusal to renew a hospital or facility's license. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking.
LRB103 32558 SPS 62147 b
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.35 as follows:
(5 ILCS 100/5-45.35 new)
Sec. 5-45.35. Emergency rulemaking; Department of
Financial and Professional Regulation. To provide for the
expeditious and timely implementation of this amendatory Act
of the 103rd General Assembly, emergency rules implementing
Section 67 of the Medical Practice Act of 1987 may be adopted
in accordance with Section 5-45 by the Department of Financial
and Professional Regulation and the Department of Public
Health. The adoption of emergency rules authorized by Section
5-45 and this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 103rd General Assembly.
Section 10. The Ambulatory Surgical Treatment Center Act
is amended by changing Section 10f as follows:
(210 ILCS 5/10f) (from Ch. 111 1/2, par. 157-8.10f)

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Sec. 10f. Denial, suspension, revocation or refusal to
renew a license; suspension of a service.
(a) When the Director determines that there is or has been
a substantial or continued failure to comply with this Act or
any rule promulgated hereunder, or Section 67 of the Medical
Practice Act of 1987, the Department may issue an order of
license denial, suspension or revocation, or refusal to renew
a license, in accordance with subsection (a) of Section 10g of
this Act.
(b) When the Director determines that a facility has
failed to demonstrate the capacity to safely provide one or
more of its services to patients, the Department may issue an
order of service suspension in accordance with subsection (a)
of Section 10g of this Act.
(c) If, however, the Department finds that the public
interest, health, safety, or welfare imperatively requires
emergency action, and if the Director incorporates a finding
to that effect in the order, summary suspension of a service or
a license to open, conduct, operate, and maintain an
ambulatory surgical treatment center or any part thereof may
be ordered pending proceedings for license revocation or other
action, which shall be promptly instituted and determined.
(Source: P.A. 86-1292.)
Section 15. The Hospital Licensing Act is amended by
changing Section 7 as follows:

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(210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
Sec. 7. (a) The Director after notice and opportunity for
hearing to the applicant or licensee may deny, suspend, or
revoke a permit to establish a hospital or deny, suspend, or
revoke a license to open, conduct, operate, and maintain a
hospital in any case in which he finds that there has been a
substantial failure to comply with the provisions of this Act,
the Hospital Report Card Act, or the Illinois Adverse Health
Care Events Reporting Law of 2005, or Section 67 of the Medical
Practice Act of 1987 or the standards, rules, and regulations
established by virtue of any of those Acts. The Department may
impose fines on hospitals, not to exceed $500 per occurrence,
for failing to (1) initiate a criminal background check on a
patient that meets the criteria for hospital-initiated
background checks or (2) report the death of a person known to
be a resident of a facility licensed under the ID/DD Community
Care Act or the MC/DD Act to the coroner or medical examiner
within 24 hours as required by Section 6.09a of this Act. In
assessing whether to impose such a fine for failure to
initiate a criminal background check, the Department shall
consider various factors including, but not limited to,
whether the hospital has engaged in a pattern or practice of
failing to initiate criminal background checks. Money from
fines shall be deposited into the Long Term Care Provider
Fund.

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(a-5) If a hospital demonstrates a pattern or practice of
failing to substantially comply with the requirements of
Section 10.10 or the hospital's written staffing plan, the
hospital shall provide a plan of correction to the Department
within 60 days. The Department may impose fines as follows:
(i) if a hospital fails to implement a written staffing plan
for nursing services, a fine not to exceed $500 per occurrence
may be imposed; (ii) if a hospital demonstrates a pattern or
practice of failing to substantially comply with a plan of
correction within 60 days after the plan takes effect, a fine
not to exceed $500 per occurrence may be imposed; and (iii) if
a hospital demonstrates for a second or subsequent time a
pattern or practice of failing to substantially comply with a
plan of correction within 60 days after the plan takes effect,
a fine not to exceed $1,000 per occurrence may be imposed.
Reports of violations of Section 10.10 shall be subject to
public disclosure under Section 6.14a. Money from fines within
this subsection (a-5) shall be deposited into the Hospital
Licensure Fund, and money from fines for violations of Section
10.10 shall be used for scholarships under the Nursing
Education Scholarship Law.
(b) Such notice shall be effected by registered mail or by
personal service setting forth the particular reasons for the
proposed action and fixing a date, not less than 15 days from
the date of such mailing or service, at which time the
applicant or licensee shall be given an opportunity for a

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hearing. Such hearing shall be conducted by the Director or by
an employee of the Department designated in writing by the
Director as Hearing Officer to conduct the hearing. On the
basis of any such hearing, or upon default of the applicant or
licensee, the Director shall make a determination specifying
his findings and conclusions. In case of a denial to an
applicant of a permit to establish a hospital, such
determination shall specify the subsection of Section 6 under
which the permit was denied and shall contain findings of fact
forming the basis of such denial. A copy of such determination
shall be sent by registered mail or served personally upon the
applicant or licensee. The decision denying, suspending, or
revoking a permit or a license shall become final 35 days after
it is so mailed or served, unless the applicant or licensee,
within such 35 day period, petitions for review pursuant to
Section 13.
(c) The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department and approved by the Hospital Licensing Board. A
full and complete record shall be kept of all proceedings,
including the notice of hearing, complaint, and all other
documents in the nature of pleadings, written motions filed in
the proceedings, and the report and orders of the Director and
Hearing Officer. All testimony shall be reported but need not
be transcribed unless the decision is appealed pursuant to
Section 13. A copy or copies of the transcript may be obtained

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by any interested party on payment of the cost of preparing
such copy or copies.
(d) The Director or Hearing Officer shall upon his own
motion, or on the written request of any party to the
proceeding, issue subpoenas requiring the attendance and the
giving of testimony by witnesses, and subpoenas duces tecum
requiring the production of books, papers, records, or
memoranda. All subpoenas and subpoenas duces tecum issued
under the terms of this Act may be served by any person of full
age. The fees of witnesses for attendance and travel shall be
the same as the fees of witnesses before the Circuit Court of
this State, such fees to be paid when the witness is excused
from further attendance. When the witness is subpoenaed at the
instance of the Director, or Hearing Officer, such fees shall
be paid in the same manner as other expenses of the Department,
and when the witness is subpoenaed at the instance of any other
party to any such proceeding the Department may require that
the cost of service of the subpoena or subpoena duces tecum and
the fee of the witness be borne by the party at whose instance
the witness is summoned. In such case, the Department in its
discretion, may require a deposit to cover the cost of such
service and witness fees. A subpoena or subpoena duces tecum
issued as aforesaid shall be served in the same manner as a
subpoena issued out of a court.
(e) Any Circuit Court of this State upon the application
of the Director, or upon the application of any other party to

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the proceeding, may, in its discretion, compel the attendance
of witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the Director or
Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt,
or otherwise, in the same manner as production of evidence may
be compelled before the court.
(f) The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the
manner prescribed by law for like depositions in civil actions
in courts of this State, and to that end compel the attendance
of witnesses and the production of books, papers, records, or
memoranda.
(Source: P.A. 102-641, eff. 8-27-21.)
Section 20. The Medical Practice Act of 1987 is amended by
adding Section 67 as follows:
(225 ILCS 60/67 new)
Sec. 67. Prohibition on sex-reassignment procedures.
(a) As used in this Section:
"Sex" means the classification of a person as either male
or female based on the organization of the human body of such
person for a specific reproductive role, as indicated by the
person's sex chromosomes, naturally occurring sex hormones,

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and internal and external genitalia present at birth.
"Sex-reassignment procedures" means any medical procedure,
including a surgical procedure, to affirm a person's
perception of his or her sex if that perception is
inconsistent with the person's sex.
"Sex-reassignment procedures" does not include:
(1) treatment provided by a physician who, in his or
her good faith clinical judgment, performs procedures upon
or provides therapies to a minor born with a medically
verifiable genetic disorder of sexual development,
including any of the following:
(A) external biological sex characteristics that
are unresolvably ambiguous; and
(B) a disorder of sexual development in which the
physician has determined through genetic or
biochemical testing that the patient does not have a
normal sex chromosome structure, sex steroid hormone
production, or sex steroid hormone action for a male
or female, as applicable;
(2) procedures to treat an infection, an injury, a
disease, or a disorder that has been caused or exacerbated
by the performance of any sex-reassignment procedure,
regardless of whether such procedure was performed in
accordance with state or federal law; and
(3) procedures provided to a patient for the treatment
of a physical disorder, physical injury, or physical

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illness that would, as certified by a licensed physician,
place the individual in imminent danger of death or
impairment of a major bodily function without the
procedure.
(b) Sex-reassignment procedures are prohibited for
patients younger than 18 years of age.
(c) If sex-reassignment procedures are prescribed for or
administered or performed on patients 18 years of age or
older, consent must be voluntary, informed, and in writing on
forms adopted by rule of the Department. Consent to
sex-reassignment procedures is voluntary and informed only if
the physician who is to prescribe or administer the
pharmaceutical product or perform the procedure has, at a
minimum, while physically present in the same room:
(1) informed the patient of the nature and risks of
the procedure in order for the patient to make a prudent
decision;
(2) provided the informed consent form, as adopted in
rule by the Department, to the patient; and
(3) received the patient's written acknowledgment,
before the procedure is administered or performed, that
the information required to be provided under this
subsection has been provided.
(c) Sex-reassignment procedures may not be administered or
performed except by a physician.
(d) The Department shall revoke the license of any

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physician who willfully or actively participates in a
violation of subsection (b).
(e) The Department shall adopt emergency rules to
implement this Section.