Bill Text: IL HB5387 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Reinserts the provisions of the engrossed bill. In a provision concerning grounds for discipline in the Massage Therapy Practice Act, provides that, notwithstanding any other law to the contrary, the Department of Financial and Professional Regulation shall revoke, without a hearing, any license issued under the Act of any person who is convicted of any offense related to sexual assault under the laws of any jurisdiction, including, without limitation, the following: prostitution; rape; sexual misconduct; involuntary sexual servitude of a minor; battery against a patient, including any offense based on sexual conduct or sexual penetration, in the course of patient care or treatment; or any crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act (rather than prostitution; rape; sexual misconduct; or any crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act). Provides that those convictions shall operate as a permanent bar to practice as a massage therapist in the State. Provides that a person who has been convicted of those offenses or who is required at any point to register as a sex offender may not receive, maintain, or restore a license as a massage therapist in Illinois. Makes other changes. Effective immediately.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Enrolled) 2026-06-26 - Sent to the Governor [HB5387 Detail]

Download: Illinois-2025-HB5387-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.37 and 4.42 as follows:
(5 ILCS 80/4.37)
Sec. 4.37. Acts and Articles repealed on January 1, 2027.
The following are repealed on January 1, 2027:
The Clinical Psychologist Licensing Act.
The Illinois Optometric Practice Act of 1987.
Articles II, III, IV, V, VI, VIIA, VIIC, XVII, XXXI, and
XXXI 1/4 of the Illinois Insurance Code.
The Boiler and Pressure Vessel Repairer Regulation Act.
The Marriage and Family Therapy Licensing Act.
The Boxing and Full-contact Martial Arts Act.
The Cemetery Oversight Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Massage Licensing Act.
The Medical Practice Act of 1987.
The Petroleum Equipment Contractors Licensing Act.

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The Radiation Protection Act of 1990.
The Real Estate Appraiser Licensing Act of 2002.
The Registered Interior Designers Act.
The Landscape Architecture Registration Act.
The Water Well and Pump Installation Contractor's License
Act.
The Licensed Certified Professional Midwife Practice Act.
(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21;
102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff.
10-1-22; 102-813, eff. 5-13-22; 103-371, eff. 1-1-24; 103-823,
eff. 8-9-24.)
(5 ILCS 80/4.42)
Sec. 4.42. Acts repealed on January 1, 2032. The following
Acts are repealed on January 1, 2032:
The Collateral Recovery Act.
The Clinical Psychologist Licensing Act.
The Illinois Optometric Practice Act of 1987.
The Marriage and Family Therapy Licensing Act.
The Boxing and Full-contact Martial Arts Act.
The Massage Therapy Practice Act.
The Medical Practice Act of 1987.
The Licensed Certified Professional Midwife Practice Act.
(Source: P.A. 103-371, eff. 1-1-24.)
Section 10. The Clinical Psychologist Licensing Act is

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amended by changing Sections 2, 2.5, 3, 4, 4.3, 4.5, 5, 7, 10,
11, 11.5, 12.5, 13, 14, 15, 16, 16.1, 21, 21.2, 25, 26, 26.5,
and 27 as follows:
(225 ILCS 15/2) (from Ch. 111, par. 5352)
(Section scheduled to be repealed on January 1, 2027)
Sec. 2. Definitions. As used in this Act:
(1) "Department" means the Department of Financial and
Professional Regulation.
(2) "Secretary" means the Secretary of Financial and
Professional Regulation.
(3) "Board" means the Clinical Psychologists Licensing
and Disciplinary Board appointed by the Secretary.
(4) (Blank).
(5) "Clinical psychology" means the independent
evaluation, classification, diagnosis, and treatment of
mental, emotional, behavioral or nervous disorders or
conditions, developmental disabilities, alcoholism and
substance abuse, disorders of habit or conduct, and the
psychological aspects of physical illness. The practice of
clinical psychology includes psychoeducational
evaluation, therapy, remediation and consultation, the use
of psychological and neuropsychological testing,
assessment, psychotherapy, psychoanalysis, hypnosis,
biofeedback, and behavioral modification when any of these
are used for the purpose of preventing or eliminating

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psychopathology, or for the amelioration of psychological
disorders of individuals or groups. "Clinical psychology"
does not include the use of hypnosis by unlicensed persons
pursuant to Section 3.
(6) A person represents oneself himself to be a
"clinical psychologist" or "psychologist" within the
meaning of this Act when the person he or she holds himself
or herself out to the public by any title or description of
services incorporating the words "psychological",
"psychologic", "psychologist", "psychology", or "clinical
psychologist" or under such title or description offers to
render or renders clinical psychological services as
defined in paragraph (7) of this Section to individuals or
the public for remuneration.
(7) "Clinical psychological services" refers to any
services under paragraph (5) of this Section if the words
"psychological", "psychologic", "psychologist",
"psychology" or "clinical psychologist" are used to
describe such services by the person or organization
offering to render or rendering them.
(8) "Collaborating physician" means a physician
licensed to practice medicine in all of its branches in
Illinois who generally prescribes medications for the
treatment of mental health disease or illness to the
physician's his or her patients in the normal course of
the physician's his or her clinical medical practice.

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(9) "Prescribing psychologist" means a licensed,
doctoral level psychologist who has undergone specialized
training, has passed an examination as determined by rule,
and has received a current license granting prescriptive
authority under Section 4.2 of this Act that has not been
revoked or suspended from the Department.
(10) "Prescriptive authority" means the authority to
prescribe, administer, discontinue, or distribute drugs or
medicines.
(11) "Prescription" means an order for a drug,
laboratory test, or any medicines, including controlled
substances as defined in the Illinois Controlled
Substances Act.
(12) "Drugs" has the meaning given to that term in the
Pharmacy Practice Act.
(13) "Medicines" has the meaning given to that term in
the Pharmacy Practice Act.
(14) "Address of record" means the designated address
recorded by the Department in the applicant's application
file or the licensee's license file maintained by the
Department's licensure maintenance unit.
(15) "Email address of record" means the designated
email address recorded by the Department in the
applicant's application file or the licensee's license
file, as maintained by the Department's licensure
maintenance unit.

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This Act shall not apply to persons lawfully carrying on
their particular profession or business under any valid
existing regulatory Act of the State.
(Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)
(225 ILCS 15/2.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 2.5. Address of record; email address of record
Change of address. All applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change either through the Department's website or by
contacting the Department's licensure maintenance unit. It
is the duty of the applicant or licensee to inform the
Department of any change of address within 14 days after
such change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(Source: P.A. 99-572, eff. 7-15-16.)
(225 ILCS 15/3) (from Ch. 111, par. 5353)
(Section scheduled to be repealed on January 1, 2027)
Sec. 3. Necessity of license; corporations, professional

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limited liability companies, partnerships, and associations;
display of license.
(a) No individual shall, without a valid license as a
clinical psychologist issued by the Department, in any manner
hold oneself himself or herself out to the public as a
psychologist or clinical psychologist under the provisions of
this Act or render or offer to render clinical psychological
services as defined in paragraph 7 of Section 2 of this Act; or
attach the title "clinical psychologist", "psychologist" or
any other name or designation which would in any way imply that
the person he or she is able to practice as a clinical
psychologist; or offer to render or render clinical
psychological services as defined in paragraph 7 of Section 2
of this Act.
No person may engage in the practice of clinical
psychology, as defined in paragraph (5) of Section 2 of this
Act, without a license granted under this Act, except as
otherwise provided in this Act.
(b) No business organization shall provide, attempt to
provide, or offer to provide clinical psychological services
unless every member, shareholder, director, officer, holder of
any other ownership interest, agent, and employee who renders
clinical psychological services holds a currently valid
license issued under this Act. No corporation or limited
liability company shall be created that (i) has a stated
purpose that includes clinical psychology, or (ii) practices

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or holds itself out as available to practice clinical
psychology, unless it is organized under the Professional
Service Corporation Act or the Professional Limited Liability
Company Act.
(c) Individuals, corporations, professional limited
liability companies, partnerships, and associations may employ
practicum students, interns or postdoctoral candidates seeking
to fulfill educational requirements or the professional
experience requirements needed to qualify for a license as a
clinical psychologist to assist in the rendering of services,
provided that such employees function under the direct
supervision, order, control and full professional
responsibility of a licensed clinical psychologist in the
corporation, professional limited liability company,
partnership, or association. Nothing in this paragraph shall
prohibit a corporation, professional limited liability
company, partnership, or association from contracting with a
licensed health care professional to provide services.
(c-5) Nothing in this Act shall preclude individuals
licensed under this Act from practicing directly or indirectly
for a physician licensed to practice medicine in all its
branches under the Medical Practice Act of 1987 or for any
legal entity as provided under subsection (c) of Section 22.2
of the Medical Practice Act of 1987.
Nothing in this Act shall preclude individuals licensed
under this Act from practicing directly or indirectly for any

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hospital licensed under the Hospital Licensing Act or any
hospital affiliate as defined in Section 10.8 of the Hospital
Licensing Act and any hospital authorized under the University
of Illinois Hospital Act.
(d) Nothing in this Act shall prevent the employment, by a
clinical psychologist, individual, association, partnership,
professional limited liability company, or corporation
furnishing clinical psychological services for remuneration,
of persons not licensed as clinical psychologists under the
provisions of this Act to perform services in various
capacities as needed, provided that such persons are not in
any manner held out to the public as rendering clinical
psychological services as defined in paragraph 7 of Section 2
of this Act. Nothing contained in this Act shall require any
hospital, clinic, home health agency, hospice, or other entity
that provides health care services to employ or to contract
with a clinical psychologist licensed under this Act to
perform any of the activities under paragraph (5) of Section 2
of this Act.
(e) Nothing in this Act shall be construed to limit the
services and use of official title on the part of a person, not
licensed under the provisions of this Act, in the employ of a
State, county, or municipal agency or other political
subdivision insofar that such services are a part of the
duties in the person's his or her salaried position, and
insofar that such services are performed solely on behalf of

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the person's his or her employer.
Nothing contained in this Section shall be construed as
permitting such person to offer their services as
psychologists to any other persons and to accept remuneration
for such psychological services other than as specifically
excepted herein, unless they have been licensed under the
provisions of this Act.
(f) Duly recognized members of any bona fide bonafide
religious denomination shall not be restricted from
functioning in their ministerial capacity provided they do not
represent themselves as being clinical psychologists or
providing clinical psychological services.
(g) Nothing in this Act shall prohibit individuals not
licensed under the provisions of this Act who work in
self-help groups or programs or not-for-profit organizations
from providing services in those groups, programs, or
organizations, provided that such persons are not in any
manner held out to the public as rendering clinical
psychological services as defined in paragraph 7 of Section 2
of this Act.
(h) Nothing in this Act shall be construed to prevent a
person from practicing hypnosis without a license issued under
this Act provided that the person (1) does not otherwise
engage in the practice of clinical psychology, including, but
not limited to, the independent evaluation, classification,
and treatment of mental, emotional, behavioral, or nervous

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disorders or conditions, developmental disabilities,
alcoholism and substance abuse, disorders of habit or conduct,
and the psychological aspects of physical illness, (2) does
not otherwise engage in the practice of medicine, including,
but not limited to, the diagnosis or treatment of physical or
mental ailments or conditions, and (3) does not hold the
person himself or herself out to the public by a title or
description stating or implying that the individual is a
clinical psychologist or is licensed to practice clinical
psychology.
(i) Every licensee under this Act shall prominently
display the license at the licensee's principal office, place
of business, or place of employment and, whenever requested by
any representative of the Department, must exhibit the
license.
(Source: P.A. 99-227, eff. 8-3-15; 99-572, eff. 7-15-16.)
(225 ILCS 15/4) (from Ch. 111, par. 5354)
(Section scheduled to be repealed on January 1, 2027)
Sec. 4. Exemptions Application of Act.
(a) Nothing in this Act shall be construed to limit the
activities of and services of a student, intern or resident in
psychology seeking to fulfill educational requirements or the
experience requirements in order to qualify for a license
under this Act, or an individual seeking to fulfill the
postdoctoral experience requirements in order to qualify for

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licensure under this Act provided that such activities and
services are under the direct supervision, order, control and
full professional responsibility of a licensed clinical
psychologist and provided that such student, intern, or
resident be designated by a title "intern" or "resident" or
other designation of trainee status. Supervised experience in
which the supervisor receives monetary payment or other
considerations from the supervisee or in which the supervisor
is hired by or otherwise employed by the supervisee shall not
be accepted by the Department as fulfilling the practicum,
internship or 2 years of satisfactory supervised experience
requirements for licensure. Nothing contained in this Section
shall be construed as permitting such students, interns, or
residents to offer their services as clinical psychologists to
any other person or persons and to accept remuneration for
such clinical psychological services other than as
specifically excepted herein, unless they have been licensed
under the provisions of this Act. Students, interns, and
residents providing services pursuant to the exemption under
this subsection (a) who violate any provision of this Act or
its rules shall be subject to the provisions of Sections 16.5
and 27.2.
(b) Nothing in this Act shall be construed as permitting
persons licensed as clinical psychologists to engage in any
manner in the practice of medicine as defined in the laws of
this State. Persons licensed as clinical psychologists who

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render services to persons in need of mental treatment or who
are mentally ill shall as appropriate initiate genuine
collaboration with a physician licensed in Illinois to
practice medicine in all its branches.
(c) Nothing in this Act shall be construed as restricting
an individual certified as a school psychologist by the State
Board of Education, who is at least 21 years of age and has had
at least 3 years of full-time experience as a certified school
psychologist, from using the title school psychologist and
offering school psychological services limited to those
services set forth in the rules and regulations that govern
the administration and operation of special education
pertaining to children and youth ages 0-21 prepared by the
State Board of Education. Anyone offering such services under
the provisions of this paragraph shall use the term school
psychologist and describe such services as "School
Psychological Services". This exemption shall be limited to
the practice of school psychology only as manifested through
psychoeducational problems, and shall not be construed to
allow a school psychologist to function as a general
practitioner of clinical psychology, unless otherwise licensed
under this Act. However, nothing in this paragraph prohibits a
school psychologist from making evaluations, recommendations
or interventions regarding the placement of children in
educational programs or special education classes, nor shall
it prohibit school psychologists from providing clinical

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psychological services under the supervision of a licensed
clinical psychologist. This paragraph shall not be construed
to mandate insurance companies to reimburse school
psychologists directly for the services of school
psychologists. Nothing in this paragraph shall be construed to
exclude anyone duly licensed under this Act from offering
psychological services in the school setting. School
psychologists providing services under the provisions of this
paragraph shall not provide such services outside their
employment to any child who is a student in the district or
districts which employ such school psychologist. School
psychologists, as described in this paragraph, shall be under
the regulatory authority of the State Board of Education and
the State Teacher Certification Board.
(d) Nothing in this Act shall be construed to limit the
activities and use of the official title of "psychologist" on
the part of a person not licensed under this Act who possesses
a doctoral degree earned in a program concentrated primarily
on the study of psychology and is an academic employee of a
duly chartered institution of higher education insofar as such
person engages in public speaking with or without
remuneration, provided that such person is not in any manner
held out to the public as practicing clinical psychology as
defined in paragraph 5 of Section 2 of this Act, unless the
person he or she has been licensed under the provisions of this
Act.

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(e) Nothing in this Act shall be construed to regulate,
control, or restrict the clinical practice of any person
licensed, registered, or certified in this State under any
other Act, provided that such person is not in any manner held
out to the public as rendering clinical psychological services
as defined in paragraph 7 of Section 2 of this Act.
(f) Nothing in this Act shall be construed to limit the
activities and use of the title "psychologist" on the part of a
person who practices psychology and (i) who possesses a
doctoral degree earned in a program concentrated primarily on
the study of psychology; and (ii) whose services involve the
development and application of psychological theory and
methodology to problems of organizations and problems of
individuals and groups in organizational settings; and
provided further that such person is not in any manner held out
to the public as practicing clinical psychology and is not
held out to the public by any title, description or
designation stating or implying that the person he or she is a
clinical psychologist unless the person he or she has been
licensed under the provisions of this Act.
(g) This Act shall not apply to persons lawfully carrying
on the person's particular profession or business under any
valid existing regulatory Act of the State.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 15/4.3)

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(Section scheduled to be repealed on January 1, 2027)
Sec. 4.3. Written collaborative agreements.
(a) A written collaborative agreement is required for all
prescribing psychologists practicing under a prescribing
psychologist license issued pursuant to Section 4.2 of this
Act.
(b) A written delegation of prescriptive authority by a
collaborating physician may only include medications for the
treatment of mental health disease or illness the
collaborating physician generally provides to the
collaborating physician's his or her patients in the normal
course of the collaborating physician's his or her clinical
practice with the exception of the following:
(1) patients who are less than 17 years of age or over
65 years of age;
(2) patients during pregnancy;
(3) patients with serious medical conditions, such as
heart disease, cancer, stroke, or seizures, and with
developmental disabilities and intellectual disabilities;
and
(4) prescriptive authority for benzodiazepine Schedule
III controlled substances.
(c) The collaborating physician shall file with the
Department notice of delegation of prescriptive authority and
termination of the delegation, in accordance with rules of the
Department. Upon receipt of this notice delegating authority

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to prescribe any nonnarcotic Schedule III through V controlled
substances, the licensed clinical psychologist shall be
eligible to register for a mid-level practitioner controlled
substance license under Section 303.05 of the Illinois
Controlled Substances Act.
(d) All of the following shall apply to delegation of
prescriptive authority:
(1) Any delegation of Schedule III through V
controlled substances shall identify the specific
controlled substance by brand name or generic name. No
controlled substance to be delivered by injection may be
delegated. No Schedule II controlled substance shall be
delegated.
(2) A prescribing psychologist shall not prescribe
narcotic drugs, as defined in Section 102 of the Illinois
Controlled Substances Act.
Any prescribing psychologist who writes a prescription for
a controlled substance without having valid and appropriate
authority may be fined by the Department not more than $50 per
prescription and the Department may take any other
disciplinary action provided for in this Act.
All prescriptions written by a prescribing psychologist
must contain the name of the prescribing psychologist and the
prescribing psychologist's his or her signature. The
prescribing psychologist shall sign the prescribing
psychologist's his or her own name.

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(e) The written collaborative agreement shall describe the
working relationship of the prescribing psychologist with the
collaborating physician and shall delegate prescriptive
authority as provided in this Act. Collaboration does not
require an employment relationship between the collaborating
physician and prescribing psychologist. Absent an employment
relationship, an agreement may not restrict third-party
payment sources accepted by the prescribing psychologist. For
the purposes of this Section, "collaboration" means the
relationship between a prescribing psychologist and a
collaborating physician with respect to the delivery of
prescribing services in accordance with (1) the prescribing
psychologist's training, education, and experience and (2)
collaboration and consultation as documented in a jointly
developed written collaborative agreement.
(f) The agreement shall promote the exercise of
professional judgment by the prescribing psychologist
corresponding to the prescribing psychologist's his or her
education and experience.
(g) The collaborative agreement shall not be construed to
require the personal presence of a physician at the place
where services are rendered. Methods of communication shall be
available for consultation with the collaborating physician in
person or by telecommunications in accordance with established
written guidelines as set forth in the written agreement.
(h) Collaboration and consultation pursuant to all

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collaboration agreements shall be adequate if a collaborating
physician does each of the following:
(1) participates in the joint formulation and joint
approval of orders or guidelines with the prescribing
psychologist and the collaborating physician he or she
periodically reviews the prescribing psychologist's orders
and the services provided patients under the orders in
accordance with accepted standards of medical practice and
prescribing psychologist practice;
(2) provides collaboration and consultation with the
prescribing psychologist in person at least once a month
for review of safety and quality clinical care or
treatment;
(3) is available through telecommunications for
consultation on medical problems, complications,
emergencies, or patient referral; and
(4) reviews medication orders of the prescribing
psychologist no less than monthly, including review of
laboratory tests and other tests as available.
(i) The written collaborative agreement shall contain
provisions detailing notice for termination or change of
status involving a written collaborative agreement, except
when the notice is given for just cause.
(j) A copy of the signed written collaborative agreement
shall be available to the Department upon request to either
the prescribing psychologist or the collaborating physician.

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(k) Nothing in this Section shall be construed to limit
the authority of a prescribing psychologist to perform all
duties authorized under this Act.
(l) A prescribing psychologist shall inform each
collaborating physician of all collaborative agreements the
prescribing psychologist he or she has signed and provide a
copy of these to any collaborating physician.
(m) No collaborating physician shall enter into more than
3 collaborative agreements with prescribing psychologists.
(Source: P.A. 101-84, eff. 7-19-19.)
(225 ILCS 15/4.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 4.5. Endorsement; prescribing psychologists.
(a) Individuals who are already licensed as medical or
prescribing psychologists in another state may apply for an
Illinois prescribing psychologist license by endorsement from
that state, or acceptance of that state's examination if they
meet the requirements set forth in this Act and its rules,
including proof of successful completion of the educational,
testing, and experience standards. Applicants from other
states may not be required to pass the examination required
for licensure as a prescribing psychologist in Illinois if
they meet requirements set forth in this Act and its rules,
such as proof of education, testing, payment of any fees, and
experience.

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(b) Individuals who graduated from the Department of
Defense Psychopharmacology Demonstration Project may apply for
an Illinois prescribing psychologist license by endorsement.
Applicants from the Department of Defense Psychopharmacology
Demonstration Project may not be required to pass the
examination required for licensure as a prescribing
psychologist in Illinois if they meet requirements set forth
in this Act and its rules, such as proof of education, testing,
payment of any fees, and experience.
(c) Individuals applying for a prescribing psychologist
license by endorsement shall be required to first obtain a
clinical psychologist license under this Act.
(Source: P.A. 98-668, eff. 6-25-14.)
(225 ILCS 15/5) (from Ch. 111, par. 5355)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5. Confidentiality of information. No clinical
psychologist shall disclose any information the clinical
psychologist he or she may have acquired from persons
consulting the clinical psychologist him or her in the
clinical psychologist's his or her professional capacity, to
any persons except only: (1) in trials for homicide when the
disclosure relates directly to the fact or immediate
circumstances of the homicide, (2) in all proceedings the
purpose of which is to determine mental competency, or in
which a defense of mental incapacity is raised, (3) in

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actions, civil or criminal, against the psychologist for
malpractice, (4) with the expressed consent of the client, or
in the case of the client's his or her death or disability, the
client's or his or her personal representative or other person
authorized to sue or of the beneficiary of an insurance policy
on the client's his or her life, health, or physical
condition, or (5) upon an issue as to the validity of a
document as a will of a client. In the event of a conflict
between the application of this Section and the Mental Health
and Developmental Disabilities Confidentiality Act to a
specific situation, the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act shall control.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 15/7) (from Ch. 111, par. 5357)
(Section scheduled to be repealed on January 1, 2027)
Sec. 7. Board. The Secretary shall appoint a Board that
shall serve in an advisory capacity to the Secretary.
The Board shall consist of 11 persons: 4 of whom are
licensed clinical psychologists and actively engaged in the
practice of clinical psychology; 2 of whom are licensed
prescribing psychologists; 2 of whom are physicians licensed
to practice medicine in all its branches in Illinois who
generally prescribe medications for the treatment of mental
health disease or illness in the normal course of clinical
medical practice, one of whom shall be a psychiatrist and the

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other a primary care or family physician; 2 of whom are
licensed clinical psychologists and are full-time full time
faculty members of accredited colleges or universities who are
engaged in training clinical psychologists; and one of whom is
a public member who is not a licensed health care provider. In
appointing members of the Board, the Secretary shall give due
consideration to the adequate representation of the various
fields of health care psychology such as clinical psychology,
school psychology and counseling psychology. In appointing
members of the Board, the Secretary shall give due
consideration to recommendations by members of the profession
of clinical psychology and by the Statewide State-wide
organizations representing the interests of clinical
psychologists and organizations representing the interests of
academic programs as well as recommendations by approved
doctoral level psychology programs in the State of Illinois,
and, with respect to the 2 physician members of the Board, the
Secretary shall give due consideration to recommendations by
the Statewide professional associations or societies
representing physicians licensed to practice medicine in all
its branches in Illinois. The members shall be appointed for a
term of 4 years. No member shall be eligible to serve for more
than 2 full terms. Any appointment to fill a vacancy shall be
for the unexpired portion of the term. A member appointed to
fill a vacancy for an unexpired term for a duration of 2 years
or more may be reappointed for a maximum of one term and a

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member appointed to fill a vacancy for an unexpired term for a
duration of less than 2 years may be reappointed for a maximum
of 2 terms. The Secretary may remove any member for cause at
any time prior to the expiration of the member's his or her
term.
The 2 initial appointees to the Board who are licensed
prescribing psychologists may hold a medical or prescription
license issued by another state so long as the license is
deemed by the Secretary to be substantially equivalent to a
prescribing psychologist license under this Act and so long as
the appointees also maintain an Illinois clinical psychologist
license. Such initial appointees shall serve on the Board
until the Department adopts rules necessary to implement
licensure under Section 4.2 of this Act.
The Board shall annually elect a chairperson and vice
chairperson.
The members of the Board shall be reimbursed for all
authorized legitimate and necessary expenses incurred in
attending the meetings of the Board.
The Secretary shall give due consideration to all
recommendations of the Board.
The Board may make recommendations on all matters relating
to continuing education including the number of hours
necessary for license renewal, waivers for those unable to
meet such requirements and acceptable course content. Such
recommendations shall not impose an undue burden on the

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Department or an unreasonable restriction on those seeking
license renewal.
The 2 licensed prescribing psychologist members of the
Board and the 2 physician members of the Board shall only
deliberate and make recommendations related to the licensure
and discipline of prescribing psychologists. Four members
shall constitute a quorum, except that all deliberations and
recommendations related to the licensure and discipline of
prescribing psychologists shall require a quorum of 6 members.
A quorum is required for all Board decisions.
Members of the Board shall have no liability in any action
based upon any disciplinary proceeding or other activity
performed in good faith as a member of the Board.
The Secretary may terminate the appointment of any member
for cause which in the sole opinion of the Secretary
reasonably justifies such termination.
(Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)
(225 ILCS 15/10) (from Ch. 111, par. 5360)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Qualifications of applicants; examination. The
Department, except as provided in Section 11 of this Act,
shall issue a license as a clinical psychologist to any person
who pays an application fee and who:
(1) is at least 21 years of age;
(2) (blank);

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(3) is a graduate of a doctoral program from a
college, university or school accredited by the regional
accrediting body which is recognized by the Council on
Postsecondary Accreditation and is in the jurisdiction in
which it is located for purposes of granting the doctoral
degree and either:
(a) is a graduate of a doctoral program in
clinical, school or counseling psychology either
accredited by the American Psychological Association
or the Psychological Clinical Science Accreditation
System or approved by the Council for the National
Register of Health Service Providers in Psychology or
other national board recognized by the Board, and has
completed 2 years of satisfactory supervised
experience in clinical, school or counseling
psychology at least one of which is an internship and
one of which is postdoctoral; or
(b) holds a doctoral degree from a recognized
college, university or school which the Department,
through its rules, establishes as being equivalent to
a clinical, school or counseling psychology program
and has completed at least one course in each of the
following 7 content areas, in actual attendance at a
recognized university, college or school whose
graduates would be eligible for licensure under this
Act: scientific and professional ethics, biological

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basis of behavior, cognitive-affective basis of
behavior, social basis of behavior, individual
differences, assessment, and treatment modalities; and
has completed 2 years of satisfactory supervised
experience in clinical, school or counseling
psychology, at least one of which is an internship and
one of which is postdoctoral; or
(c) holds a doctorate in psychology or in a
program whose content is psychological in nature from
an accredited college, university or school not
meeting the standards of paragraph (a) or (b) of this
subsection (3) and provides evidence of the completion
of at least one course in each of the 7 content areas
specified in paragraph (b) in actual attendance at a
recognized university, school or college whose
graduate would be eligible for licensure under this
Act; and has completed an appropriate practicum, an
internship or equivalent supervised clinical
experience in an organized mental health care setting
and 2 years of satisfactory supervised experience in
clinical or counseling psychology, at least one of
which is postdoctoral; and
(4) has passed an examination authorized by the
Department to determine the person's his or her fitness to
receive a license.
Applicants for licensure under subsection (3)(a) and (3)(b) of

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this Section shall complete 2 years of satisfactory supervised
experience, at least one of which shall be an internship and
one of which shall be postdoctoral. A year of supervised
experience is defined as not less than 1,750 hours obtained in
not less than 50 weeks based on 35 hours per week for full-time
work experience. Full-time supervised experience will be
counted only if it is obtained in a single setting for a
minimum of 6 months. Part-time and internship experience will
be counted only if it is 18 hours or more a week for a minimum
of 9 months and is in a single setting. The internship
experience required under subsection (3)(a) and (3)(b) of this
Section shall be a minimum of 1,750 hours completed within 24
months.
Programs leading to a doctoral degree require minimally
the equivalent of 3 full-time academic years of graduate
study, at least 2 years of which are at the institution from
which the degree is granted, and of which at least one year or
its equivalent is in residence at the institution from which
the degree is granted. Course work for which credit is given
for life experience will not be accepted by the Department as
fulfilling the educational requirements for licensure.
Residence requires interaction with psychology faculty and
other matriculated psychology students; one year's residence
or its equivalent is defined as follows:
(a) 30 semester hours taken on a full-time or
part-time basis at the institution accumulated within 24

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months, or
(b) a minimum of 350 hours of student-faculty contact
involving face-to-face individual or group courses or
seminars accumulated within 18 months. Such educational
meetings must include both faculty-student and
student-student interaction, be conducted by the
psychology faculty of the institution at least 90% of the
time, be fully documented by the institution, and relate
substantially to the program and course content. The
institution must clearly document how the applicant's
performance is assessed and evaluated.
To meet the requirement for satisfactory supervised
experience, under this Act the supervision must be performed
pursuant to the order, control and full professional
responsibility of a licensed clinical psychologist. The
clients shall be the clients of the agency or supervisor
rather than the supervisee. Supervised experience in which the
supervisor receives monetary payment or other consideration
from the supervisee or in which the supervisor is hired by or
otherwise employed by the supervisee shall not be accepted by
the Department as fulfilling the practicum, internship or 2
years of satisfactory supervised experience requirements for
licensure.
Examinations for applicants under this Act shall be held
at the direction of the Department from time to time but not
less than once each year. The scope and form of the examination

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shall be determined by the Department.
Each applicant for a license who possesses the necessary
qualifications therefor shall be examined by the Department,
and shall pay to the Department, or its designated testing
service, the required examination fee, which fee shall not be
refunded by the Department. Beginning one year after the
effective date of this amendatory Act of the 104th General
Assembly, the required examination may be taken upon
graduation and before completion of a postdoctoral supervised
experience in clinical, school, or counseling psychology.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet
the requirements in effect at the time of reapplication.
An applicant has one year from the date of notification of
successful completion of the examination to apply to the
Department for a license. If an applicant fails to apply
within one year, the applicant shall be required to take and
pass the examination again unless licensed in another
jurisdiction of the United States within one year of passing
the examination.
(Source: P.A. 104-301, eff. 1-1-26.)
(225 ILCS 15/11) (from Ch. 111, par. 5361)
(Section scheduled to be repealed on January 1, 2027)

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Sec. 11. Endorsement; clinical psychologists Persons
licensed in other jurisdictions.
(a) The Department may, in its discretion, grant a license
on payment of the required fee to any person who, at the time
of application, is licensed by another state or jurisdiction
of the United States or by any foreign country or province
whose standards, in the opinion of the Department, were
substantially equivalent, at the date of the person's his or
her licensure in the other jurisdiction, to the requirements
of this Act or to any person who, at the time of the person's
his or her licensure, possessed individual qualifications that
were substantially equivalent to the requirements then in
force in this State.
(b) The Department may issue a license, upon payment of
the required fee and recommendation of the Board, to an
individual applicant who:
(1) has been licensed based on a doctorate degree to
practice psychology in one or more other states or Canada
for at least 30 months during the 5 consecutive years
preceding application 20 years;
(2) has had no disciplinary action taken against his
or her license in any other jurisdiction during the entire
period of licensure;
(3) (blank);
(4) has not violated any provision of this Act or the
rules adopted under this Act; and

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(5) complies with all additional rules promulgated
under this subsection.
The Department may promulgate rules to further define
these licensing criteria.
(b-5) The endorsement process for individuals who are
already licensed as medical or prescribing psychologists in
another state is governed by Section 4.5 of this Act and not
this Section.
(c) Applicants have 3 years from the date of application
to complete the application process. If the process has not
been completed in 3 years, the application shall expire be
denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 99-572, eff. 7-15-16.)
(225 ILCS 15/11.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 11.5. Temporary authorization of practice by persons
licensed in other jurisdictions.
(a) A person licensed in another jurisdiction is
authorized to render The Department, in its discretion, may
issue a temporary permit authorizing the rendering of clinical
psychological services, as defined in Section 2 of this Act,
in this State for up to 10 calendar days per year,
consecutively or in aggregate if the . This temporary permit

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may be issued to an individual who is licensed in good standing
to practice psychology independently and at the doctoral level
in another state, province, or territory. Any portion of a
calendar day in which the psychologist provides services in
this State is considered one working day. In no case shall a
person practicing pursuant to this subsection (a) establish a
permanent office location in Illinois, nor prepare or publish
letterhead, business cards, or similar publicity materials
listing an Illinois address or Illinois-based phone number.
Time devoted to providing testimony in court or in deposition
shall not be counted as part of the 10 calendar days allowed
under this subsection (a).
An applicant for a temporary permit under this subsection
(a) must apply to the Department on forms and in the manner
prescribed by the Department. The application shall require
that the applicant submit to the Department (i) satisfactory
proof that the applicant is licensed in good standing to
practice psychology independently and at the doctoral level in
another state, province, or territory, including the sworn
statement of the applicant that his or her license is not
encumbered in any manner by any licensing authority, (ii) the
name of the state, province, or territory in which the
applicant is licensed, and (iii) the applicant's license
number or other appropriate identifier issued by the licensing
authority to the applicant.
(b) The Secretary may temporarily authorize an individual

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to practice clinical psychology who (i) holds an active,
unencumbered license in good standing in another jurisdiction
and (ii) has applied for a license under this Act due to a
natural disaster or catastrophic event in the jurisdiction in
which the individual he or she is licensed. The temporary
authorization granted under this subsection (b) expires upon
the issuance of a license under this Act or upon the
notification that licensure has been denied by the Department.
(c) Any psychologist practicing pursuant to subsection (a)
or (b) of this Section shall conform the psychologist's his or
her practice to the mandates of and shall be subject to the
prohibitions and sanctions, as well as the provisions on
hearings and investigations, contained in this Act and any
rules adopted thereunder while the psychologist he or she is
practicing in this State.
(Source: P.A. 95-451, eff. 1-1-08.)
(225 ILCS 15/12.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 12.5. Social Security Number or individual taxpayer
identification number on license application. In addition to
any other information required to be contained in the
application, every application for an original license under
this Act shall include the applicant's Social Security Number
or individual taxpayer identification number, which shall be
retained in the agency's records pertaining to the license. As

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soon as practical, the Department shall assign a customer's
identification number to each applicant for a license.
Every application for a renewal or restored license shall
require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
(225 ILCS 15/13) (from Ch. 111, par. 5363)
(Section scheduled to be repealed on January 1, 2027)
Sec. 13. License renewal; restoration.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. Every
holder of a license under this Act may renew such license
during the 90-day period immediately preceding the expiration
date thereof upon payment of the required renewal fees and
demonstrating compliance with any continuing education
requirements. The Department shall adopt rules establishing
minimum requirements of continuing education and means for
verification of the completion of the continuing education
requirements. The Department may, by rule, specify
circumstances under which the continuing education
requirements may be waived.
A clinical psychologist who has permitted the clinical
psychologist's his or her license to expire or who has had the
clinical psychologist's his or her license on inactive status
may have the clinical psychologist's his or her license
restored by making application to the Department and filing

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proof acceptable to the Department, as defined by rule, of the
clinical psychologist's his or her fitness to have the
clinical psychologist's his or her license restored, including
evidence certifying to active practice in another jurisdiction
satisfactory to the Department and by paying the required
restoration fee.
If the clinical psychologist has not maintained an active
practice in another jurisdiction satisfactory to the
Department, the Board shall determine, by an evaluation
program established by rule, the clinical psychologist's his
or her fitness to resume active status and may require the
clinical psychologist to complete a period of supervised
professional experience and may require successful completion
of an examination.
However, any clinical psychologist whose license that
expires expired while the clinical psychologist he or she was
(1) in Federal Service on active duty with the Armed Forces of
the United States, or the State Militia called into service or
training, or (2) in training or education under the
supervision of the United States preliminary to induction into
the military service, may have the his or her license renewed
or restored without paying any lapsed renewal fees if within 2
years after honorable termination of such service, training or
education the clinical psychologist he or she furnishes the
Department with satisfactory evidence to the effect that the
clinical psychologist he or she has been so engaged and that

HB5387 Enrolled - 37 - LRB104 18003 AAS 31440 b
the clinical psychologist's his or her service, training, or
education has been so terminated.
(b) Notwithstanding any other provision of law, the
following requirements for restoration of an inactive or
expired license of less than 5 years as set forth in subsection
(a) are suspended for any licensed clinical psychologist who
has had no disciplinary action taken against the clinical
psychologist's his or her license in this State or in any other
jurisdiction during the entire period of licensure: proof of
fitness, certification of active practice in another
jurisdiction, and the payment of a renewal fee. An individual
may not restore the individual's his or her license in
accordance with this subsection more than once.
(Source: P.A. 102-1053, eff. 6-10-22.)
(225 ILCS 15/14) (from Ch. 111, par. 5364)
(Section scheduled to be repealed on January 1, 2027)
Sec. 14. Inactive status. Any clinical psychologist who
notifies the Department in writing on forms prescribed by the
Department, may elect to place the clinical psychologist's his
or her license on an inactive status and shall, subject to
rules of the Department, be excused from payment of renewal
fees until the clinical psychologist he or she notifies the
Department in writing of the clinical psychologist's his or
her intent to restore the clinical psychologist's his or her
license.

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Any clinical psychologist requesting restoration from
inactive status shall be required to pay the current renewal
fee and shall be required to restore the clinical
psychologist's his or her license as provided in Section 13 of
this Act.
Any clinical psychologist whose license is in an inactive
status shall not practice in the State of Illinois.
Any licensee who shall practice clinical psychology while
the licensee's his or her license is lapsed or on inactive
status shall be considered to be practicing without a license
which shall be grounds for discipline under this Act.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 15/15) (from Ch. 111, par. 5365)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Disciplinary action; grounds.
(a) The Department may refuse to issue, refuse to renew,
suspend, or revoke any license, or may place on probation,
reprimand, or take other disciplinary or non-disciplinary
action deemed appropriate by the Department, including the
imposition of fines not to exceed $10,000 for each violation,
with regard to any license issued under the provisions of this
Act for any one or a combination of the following reasons:
(1) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or any state or territory thereof or

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that is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession.
(2) Gross negligence in the rendering of clinical
psychological services.
(3) Using fraud or making any misrepresentation in
applying for a license or in passing the examination
provided for in this Act.
(4) Aiding or abetting or conspiring to aid or abet a
person, not a clinical psychologist licensed under this
Act, in representing the person himself or herself as so
licensed or in applying for a license under this Act.
(5) Violation of any provision of this Act or the
rules promulgated thereunder.
(6) Professional connection or association with any
person, firm, association, partnership or corporation
holding himself, herself, themselves, or itself out in any
manner contrary to this Act.
(7) Unethical, unauthorized, or unprofessional conduct
as defined by rule. In establishing those rules, the
Department shall consider, though is not bound by, the
ethical standards for psychologists promulgated by
recognized national psychology associations.
(8) Aiding or assisting another person in violating
any provisions of this Act or the rules promulgated
thereunder.

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(9) Failing to provide, within 30 60 days, information
in response to a written request made by the Department.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in a clinical psychologist's
inability to practice with reasonable judgment, skill, or
safety.
(11) Discipline by another state, territory, the
District of Columbia, or foreign country, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth herein.
(12) Directly or indirectly giving or receiving from
any person, firm, corporation, association, or partnership
any fee, commission, rebate, or other form of compensation
for any professional service not actually or personally
rendered. Nothing in this paragraph (12) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.

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(13) A finding that the licensee, after having the
licensee's his or her license placed on probationary
status, has violated the terms of probation.
(14) Willfully making or filing false records or
reports, including, but not limited to, false records or
reports filed with State agencies or departments.
(15) Physical illness, including, but not limited to,
deterioration through the aging process, mental illness,
or disability that results in the inability to practice
the profession with reasonable judgment, skill, and
safety.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Violation of the Health Care Worker Self-Referral
Act.
(19) Making a material misstatement in furnishing
information to the Department, any other State or federal
agency, or any other entity.

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(20) Failing to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to an act or conduct similar to an act or
conduct that would constitute grounds for action as set
forth in this Section.
(21) Failing to report to the Department any adverse
final action taken against a licensee or applicant by
another licensing jurisdiction, including any other state
or territory of the United States or any foreign state or
country, or any peer review body, health care institution,
professional society or association related to the
profession, governmental agency, law enforcement agency,
or court for an act or conduct similar to an act or conduct
that would constitute grounds for disciplinary action as
set forth in this Section.
(22) Prescribing, selling, administering,
distributing, giving, or self-administering (A) any drug
classified as a controlled substance (designated product)
for other than medically accepted therapeutic purposes or
(B) any narcotic drug.
(23) Violating State or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(24) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
the licensee's his or her collaborating physician or

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established under a written collaborative agreement.
The entry of an order by any circuit court establishing
that any person holding a license under this Act is subject to
involuntary admission or judicial admission as provided for in
the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension of that license. That
person may have the person's his or her license restored only
upon the determination by a circuit court that the patient is
no longer subject to involuntary admission or judicial
admission and the issuance of an order so finding and
discharging the patient and upon the Board's recommendation to
the Department that the license be restored. Where the
circumstances so indicate, the Board may recommend to the
Department that it require an examination prior to restoring
any license so automatically suspended.
The Department shall refuse to issue or suspend the
license of any person who fails to file a return, or to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of the tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel any person licensed
to practice under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or

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physical examination, or both, as required by and at the
expense of the Department. The examining physicians or
clinical psychologists shall be those specifically designated
by the Department. The Board or the Department may order the
examining physician or clinical psychologist to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician or clinical psychologist. The person to be
examined may have, at the person's his or her own expense,
another physician or clinical psychologist of the person's his
or her choice present during all aspects of the examination.
Failure of any person to submit to a mental or physical
examination, when directed, shall be grounds for suspension of
a license until the person submits to the examination if the
Department or Board finds, after notice and hearing, that the
refusal to submit to the examination was without reasonable
cause.
If the Department or Board finds a person unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians or clinical
psychologists approved or designated by the Department, as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice; or, in lieu of care,

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counseling, or treatment, the Board may recommend to the
Department to file or the Department may file a complaint to
immediately suspend, revoke, or otherwise discipline the
license of the person. Any person whose license was granted,
continued, reinstated, renewed, disciplined, or supervised
subject to such terms, conditions, or restrictions, and who
fails to comply with such terms, conditions, or restrictions,
shall be referred to the Secretary for a determination as to
whether the person shall have the person's his or her license
suspended immediately, pending a hearing by the Board.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Board within 15 days
after the suspension and completed without appreciable delay.
The Board shall have the authority to review the subject
person's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Board that the person he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of the person's his or her license.
(b) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any

HB5387 Enrolled - 46 - LRB104 18003 AAS 31440 b
other disciplinary or non-disciplinary action against a
person's authorization to practice under this Act based solely
upon the person recommending, aiding, assisting, referring
for, or participating in any health care service, so long as
the care was not unlawful under the laws of this State,
regardless of whether the patient was a resident of this State
or another state.
(c) The Department shall not revoke, suspend, place on
prohibition, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against a
person's authorization to practice under this Act based upon
the person's license, registration, or permit being revoked or
suspended, or the person being otherwise disciplined, by any
other state if that revocation, suspension, or other form of
discipline was based solely on the person violating another
state's laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the applicable
standard of conduct for a person practicing in Illinois under
this Act.
(d) The conduct specified in subsections (b) and (c) shall
not constitute grounds for suspension under Section 21.6.
(e) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or

HB5387 Enrolled - 47 - LRB104 18003 AAS 31440 b
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice under this
Act based solely upon the license, registration, or permit of
the person being suspended or revoked, or the person being
otherwise disciplined, by any other state or territory other
than Illinois for the referral for or having otherwise
participated in any health care service, if the revocation,
suspension, or other disciplinary action was based solely on a
violation of the other state's law prohibiting such health
care services in the state, for a resident of the state, or in
any other state.
(f) The Department may adopt rules to implement,
administer, and enforce this Section.
(Source: P.A. 104-432, eff. 1-1-26.)
(225 ILCS 15/16) (from Ch. 111, par. 5366)
(Section scheduled to be repealed on January 1, 2027)
Sec. 16. Investigations; notice; hearing.
(a) The Department may investigate the actions of any
applicant or of any person or persons holding or claiming to
hold a license or registration under this Act.
(b) The Department shall, before disciplining an applicant
or licensee, at least 30 days before the date set for the
hearing, (i) notify the accused in writing of the charges made
and the time and place for the hearing on the charges, (ii)
direct the applicant or licensee him or her to file a written

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answer to the charges under oath within 20 days after service,
and (iii) inform the applicant or licensee that failure to
answer will result in a default being entered against the
applicant or licensee.
(c) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges, and the parties or their counsel shall be
accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Board or
hearing officer may continue the hearing from time to time. In
case the person, after receiving the notice, fails to file an
answer, the person's his or her license may, in the discretion
of the Secretary, having first received the recommendation of
the Board, be suspended, revoked, or placed on probationary
status, or be subject to whatever disciplinary action the
Secretary considers proper, including limiting the scope,
nature, or extent of the person's practice or the imposition
of a fine, without hearing, if the act or acts charged
constitute sufficient grounds for that action under this Act.
(d) The written notice and any notice in the subsequent
proceeding may be served by regular or certified mail to the
applicant's or licensee's address of record.
(Source: P.A. 99-572, eff. 7-15-16.)
(225 ILCS 15/16.1)
(Section scheduled to be repealed on January 1, 2027)

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Sec. 16.1. Appointment of hearing officer. Notwithstanding
any other provision of this Act, the Secretary shall have the
authority to appoint any attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in
any action for refusal to issue, renew or discipline a
license. The hearing officer shall have full authority to
conduct the hearing. The hearing officer shall report the
hearing officer's his or her findings of fact, conclusions of
law, and recommendations to the Board and the Secretary.
(Source: P.A. 99-572, eff. 7-15-16.)
(225 ILCS 15/21) (from Ch. 111, par. 5371)
(Section scheduled to be repealed on January 1, 2027)
Sec. 21. Restoration of license. At any time after the
suspension or revocation of any license, the Department may
restore it to the licensee upon the written recommendation of
the Board unless after an investigation and hearing the Board
or Department determines that restoration is not in the public
interest. Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
accused person prior to restoring the accused person's his or
her license.
(Source: P.A. 99-572, eff. 7-15-16.)
(225 ILCS 15/21.2)
(Section scheduled to be repealed on January 1, 2027)

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Sec. 21.2. Surrender of license. Upon the revocation or
suspension of a license, the licensee shall immediately
surrender the licensee's his or her license to the Department.
If the licensee fails to do so, the Department has the right to
seize the license.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 15/25) (from Ch. 111, par. 5375)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. Returned checks; fines. Any person who delivers a
check or other payment to the Department that is returned to
the Department unpaid by the financial institution upon which
it is drawn shall pay to the Department, in addition to the
amount already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the
Department by certified check or money order within 30
calendar days of the notification. If, after the expiration of
30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or certificate or
deny the application, without hearing. If, after termination
or denial, the person seeks a license or certificate, the
person he or she shall apply to the Department for restoration

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or issuance of the license or certificate and pay all fees and
fines due to the Department. The Department may establish a
fee for the processing of an application for restoration of a
license or certificate to pay all expenses of processing this
application. The Secretary may waive the fines due under this
Section in individual cases where the Secretary finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 94-870, eff. 6-16-06.)
(225 ILCS 15/26) (from Ch. 111, par. 5376)
(Section scheduled to be repealed on January 1, 2027)
Sec. 26. Rendering services without a license. Any person
rendering or offering to render clinical psychological
services as defined in Section 2 of this Act or represents the
person himself or herself or the person's his or her services
as clinical psychological services as defined in Section 2 of
this Act, when the person he or she does not possess a
currently valid license as defined herein commits a Class B
misdemeanor, for a first offense; and for a second or
subsequent violation commits a Class 4 felony.
(Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97.)
(225 ILCS 15/26.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 26.5. Advertising services. A licensee shall include
in every advertisement for services regulated under this Act

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the licensee's his or her title as it appears on the license or
the initials authorized under this Act.
(Source: P.A. 91-310, eff. 1-1-00.)
(225 ILCS 15/27) (from Ch. 111, par. 5377)
(Section scheduled to be repealed on January 1, 2027)
Sec. 27. Injunctions. It is hereby declared to be a public
nuisance for any person to render or offer to render clinical
psychological services as defined in Section 2 of this Act or
to represent oneself himself as a clinical psychologist or
that the services the person he or she renders are clinical
psychological services as defined in Section 2 of this Act,
without having in effect a currently valid license as defined
in this Act. The Secretary, Attorney General, or the State's
Attorney of the county in which such nuisance has occurred may
file a complaint in the circuit court in the name of the People
of the State of Illinois perpetually to enjoin such person
from performing such unlawful acts. Upon the filing of a
verified complaint in such cause, the court, if satisfied that
such unlawful act has been performed and may continue to be
performed, shall enter a temporary restraining order or
preliminary injunction without notice or bond enjoining the
defendant from performing such unlawful act.
If it is established that the defendant contrary to this
Act has been rendering or offering to render clinical
psychological services as defined in Section 2 of this Act or

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is engaging in or about to engage in representing himself or
herself as a clinical psychologist or that the services the
person he or she renders are clinical psychological services
as defined in Section 2 of this Act, without having been issued
a license or after the person's his or her license has been
suspended or revoked or after the person's his or her license
has not been renewed, the court, may enter a judgment
perpetually enjoining such person from further engaging in the
unlawful act. In case of violation of any injunction entered
under this Section, the court, may summarily try and punish
the offender for contempt of court. Such injunction
proceedings shall be in addition to, and not in lieu of, all
penalties and other remedies provided in this Act.
(Source: P.A. 94-870, eff. 6-16-06.)
Section 15. The Marriage and Family Therapy Licensing Act
is amended by changing Sections 10, 15, 20, 25, 30, 45, 60, 65,
75, 85, 90, 91, 95, 135, and 145 and by adding Section 71 as
follows:
(225 ILCS 55/10) (from Ch. 111, par. 8351-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's license file maintained by the Department's

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licensure maintenance unit.
"Advertise" means, but is not limited to, issuing or
causing to be distributed any card, sign, website, or other
similar type of publication or electronic format or a device
to any person; or causing, permitting or allowing any sign or
marking on or in any building, structure, newspaper, magazine
or directory, or on radio, or television, a website, or
another similar type of electronic format; or advertising by
any other means designed to secure public attention.
"Approved program" means an approved comprehensive program
of study in marriage and family therapy in a regionally
accredited educational institution approved by the Department
for the training of marriage and family therapists.
"Associate licensed marriage and family therapist" means a
person to whom an associate licensed marriage and family
therapist license has been issued under this Act.
"Board" means the Illinois Marriage and Family Therapy
Licensing and Disciplinary Board.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"First qualifying degree" means the first master's or
doctoral degree, as described in paragraph (1) of subsection

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(b) of Section 40, that an applicant for licensure received.
"Independent practice of marriage and family therapy"
means the application of marriage and family therapy knowledge
and skills by a licensed marriage and family therapist who
regulates and is responsible for the therapist's own practice
or treatment procedures.
"License" means that which is required to practice
marriage and family therapy under this Act, the qualifications
for which include specific education, acceptable experience
and examination requirements.
"Licensed marriage and family therapist" means a person to
whom a marriage and family therapist license has been issued
under this Act.
"Marriage and family therapy" means the evaluation and
treatment of mental and emotional problems within the context
of human relationships. Marriage and family therapy involves
the use of psychotherapeutic methods to ameliorate
interpersonal and intrapersonal conflict and to modify
perceptions, beliefs and behavior in areas of human life that
include, but are not limited to, premarriage, marriage,
sexuality, family, divorce adjustment, and parenting.
"Person" means any individual, firm, corporation,
partnership, organization, or body politic.
"Practice of marriage and family therapy" means the
rendering of marriage and family therapy services to
individuals, couples, and families as defined in this Section,

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either singly or in groups, whether the services are offered
directly to the general public or through organizations,
either public or private, for a fee, monetary or otherwise.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Title or description" means to hold oneself out as a
licensed marriage and family therapist or an associate
licensed marriage and family therapist to the public by means
of stating on signs, mailboxes, address plates, stationery,
announcements, calling cards or other instruments of
professional identification.
(Source: P.A. 100-372, eff. 8-25-17.)
(225 ILCS 55/15) (from Ch. 111, par. 8351-15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Exemptions.
(a) (Blank). Nothing contained in this Act shall restrict
any person not licensed under this Act from performing
marriage and family therapy if that person does not represent
himself or herself as a "licensed marriage and family
therapist" or an "associate licensed marriage and family
therapist".
(b) Nothing in this Act shall be construed as permitting
persons licensed as marriage and family therapists and
associate licensed marriage and family therapists to engage in
any manner in the practice of medicine as defined in the laws

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of this State.
(c) Nothing in this Act shall be construed to prevent
qualified members of other professional groups, including, but
not limited to, clinical psychologists, social workers,
counselors, attorneys at law, or psychiatric nurses, from
performing or advertising that they perform the work of a
marriage and family therapist consistent with the laws of this
State, their training, and any code of ethics of their
respective professions, provided they do not represent
themselves by any title or description as a licensed marriage
and family therapist or an associate licensed marriage and
family therapist.
(c-5) Nothing in this Act shall be construed to limit the
activities of a marriage and family therapy student or intern
seeking to fulfill educational requirements or experience
requirements in order to qualify for a license under this Act
if the activities are under the direct supervision, order,
control, and full professional responsibility of a licensed
marriage and family therapist and the student or intern is
designated by the title "intern" or another designation of the
student's or intern's trainee status. The Department shall not
accept supervised experience in which the supervisor receives
monetary payment or other consideration from the supervisee or
supervised experience in which the supervisor is hired by or
otherwise employed by the supervisee for the supervised
experience requirements for licensure. Nothing in this Section

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shall be construed as permitting students or interns seeking
to fulfill educational requirements or experience requirements
in order to qualify for a license under this Act to offer their
services in marriage and family therapy to any other person or
persons or to accept remuneration for such marriage and family
therapy services other than as specified in this Act, unless
the students or interns have been licensed under the
provisions of this Act.
(d) Nothing in this Act shall be construed to prevent any
person from the bona fide practice of the doctrines of an
established church or religious denomination if the person
does not hold oneself himself or herself out to be a licensed
marriage and family therapist or an associate licensed
marriage and family therapist.
(e) Nothing in this Act shall prohibit self-help groups or
programs or not-for-profit organizations from providing
services so long as these groups, programs, or organizations
do not hold themselves out as practicing or being able to
practice marriage and family therapy.
(f) This Act does not prohibit:
(1) A person from practicing marriage and family
therapy as part of the person's his or her duties as an
employee of a recognized academic institution, or a
federal, State, county, or local governmental institution
or agency while performing those duties for which the
person he or she was employed by the institution, agency

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or facility.
(2) (Blank). A person from practicing marriage and
family therapy as part of his or her duties as an employee
of a nonprofit organization consistent with the laws of
this State, his or her training, and any code of ethics of
his or her respective professions, provided the person
does not represent himself or herself as a "licensed
marriage and family therapist" or an "associate licensed
marriage and family therapist".
(3) A person from practicing marriage and family
therapy if the person is obtaining experience for
licensure as a marriage and family therapist, provided the
person is designated by a title that clearly indicates
training status. A person who provides services pursuant
to the exemption in this paragraph (3) and who violates
any provision of this Act or its rules shall be subject to
the provisions of Sections 90 and 91.
(4) A person licensed in this State under any other
Act from engaging the practice for which the person he or
she is licensed.
(5) A person from practicing marriage and family
therapy if the person is a marriage and family therapist
regulated under the laws of another State, territory of
the United States or country and who has applied in
writing to the Department, on forms prepared and furnished
by the Department, for licensing as a marriage and family

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therapist and who is qualified to receive a license under
Section 40 until the expiration of 6 months after the
filing of the written application, the withdrawal of the
application, a notice of intent to deny the application,
or the denial of the application by the Department,
whichever occurs first.
(Source: P.A. 100-372, eff. 8-25-17.)
(225 ILCS 55/20) (from Ch. 111, par. 8351-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 20. Powers and duties of the Department. Subject to
the provisions of this Act, the Department shall exercise the
following functions, powers, and duties:
(a) Conduct or authorize examinations to ascertain the
fitness and qualifications of applicants for licensure and
issue licenses to those who are found to be fit and
qualified.
(b) Adopt rules required for the administration of
this Act, including, but not limited to, rules for a
method of examination of candidates and for determining
approved graduate programs. All examinations, either
conducted or authorized, must allow reasonable
accommodations for an applicant whose primary language is
not English if an examination in the applicant's primary
language is not available. All examinations either
conducted or authorized must comply with all

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communication, access, and reasonable modification
requirements in Section 504 of the federal Rehabilitation
Act of 1973 and Title II of the Americans with
Disabilities Act of 1990.
(b-5) Prescribe forms to be issued for the
administration and enforcement of this Act consistent with
and reflecting the requirements of this Act and rules
adopted pursuant to this Act.
(c) Conduct hearings on proceedings to refuse to issue
or renew licenses or to revoke, suspend, place on
probation, or reprimand, or impose any other discipline
upon persons licensed under the provisions of this Act.
(d) Conduct investigations related to possible
violations of this Act.
The Board may make recommendations on matters relating to
continuing education, including the number of hours necessary
for license renewal, waivers for those unable to meet the
requirements, and acceptable course content.
(Source: P.A. 104-178, eff. 1-1-26.)
(225 ILCS 55/25) (from Ch. 111, par. 8351-25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. Marriage and Family Therapy Licensing and
Disciplinary Board.
(a) The Secretary shall appoint a Marriage and Family
Therapy Licensing and Disciplinary Board. The Board shall be

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composed of 7 persons who shall serve in an advisory capacity
to the Secretary. The Board shall annually elect a chairperson
and a vice chairperson.
(b) In appointing members of the Board, the Secretary
shall give due consideration to recommendations by members of
the profession of marriage and family therapy and by the
statewide organizations solely representing the interests of
marriage and family therapists.
(c) Five members of the Board shall be marriage and family
therapists who have been in active practice for at least 5
years immediately preceding their appointment, or engaged in
the education and training of masters, doctoral, or
post-doctoral students of marriage and family therapy, or
engaged in marriage and family therapy research. Each marriage
or family therapy teacher or researcher shall have spent the
majority of the time devoted to the study or research of
marriage and family therapy during the 2 years immediately
preceding the marriage or family therapy teacher's or
researcher's his or her appointment to the Board. The
appointees shall be licensed under this Act.
(d) Two members shall be representatives of the general
public who have no direct affiliation or work experience with
the practice of marriage and family therapy, social work or
clinical social work, professional counseling or clinical
professional counseling, or clinical psychology and who
clearly represent consumer interests.

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(e) Board members shall be appointed for terms of 4 years
each, except that any person chosen to fill a vacancy shall be
appointed only for the unexpired term of the Board member whom
the person he or she shall succeed. Upon the expiration of this
term of office, a Board member shall continue to serve until a
successor is appointed and qualified. No member shall serve
more than 2 consecutive 4-year terms.
(f) The membership of the Board shall reasonably reflect
representation from the various geographic areas of the State.
(g) Members of the Board shall have no liability in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
(h) The Secretary may remove any member of the Board for
any cause that, in the sole opinion of the Secretary,
reasonably justifies termination.
(i) The Secretary may consider the recommendations of the
Board on questions of standards of professional conduct,
discipline, and qualification of candidates or licensees under
this Act.
(j) The members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
(k) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to exercise all
the rights and perform all the duties of the Board.
(Source: P.A. 100-372, eff. 8-25-17.)

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(225 ILCS 55/30) (from Ch. 111, par. 8351-30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 30. Application.
(a) Applications for original licensure shall be made to
the Department in writing on forms or electronically as
prescribed by the Department and shall be accompanied by the
appropriate documentation and the required fee, which shall
not be refundable. Any application shall require such
information as, in the judgment of the Department, will enable
the Department to pass on the qualifications of the applicant
for licensing.
(b) Applicants have 3 years from the date of application
to complete the application process. If the application has
not been completed within 3 years, the application shall
expire be denied, the fee shall be forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
(c) A license shall not be denied to an applicant because
of the applicant's race, religion, creed, national origin,
real or perceived immigration status, political beliefs or
activities, age, sex, sexual orientation, or physical
disability that does not affect a person's ability to practice
with reasonable judgment, skill, or safety.
(Source: P.A. 103-715, eff. 1-1-25.)

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(225 ILCS 55/45) (from Ch. 111, par. 8351-45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 45. Licenses; renewals; restoration; person in
military service.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. As a
condition for renewal of a license, the licensee shall be
required to complete continuing education under requirements
set forth in rules of the Department.
(b) Any person who has permitted the person's his or her
license to expire may have the person's his or her license
restored by making application to the Department and filing
proof acceptable to the Department of fitness to have the
person's his or her license restored, which may include sworn
evidence certifying to active practice in another jurisdiction
satisfactory to the Department, complying with any continuing
education requirements, and paying the required restoration
fee.
(c) If the person has not maintained an active practice in
another jurisdiction satisfactory to the Department, the Board
shall determine, by an evaluation program established by rule,
the person's fitness to resume active status and may require
the person to complete a period of evaluated clinical
experience and successful completion of a practical
examination.
However, any person whose license expired while the person

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he or she has been engaged (i) in federal service on active
duty with the Armed Forces of the United States or called into
service or training with the State Militia, or (ii) in
training or education under the supervision of the United
States preliminary to induction into the military service may
have the person's his or her license renewed or restored
without paying any lapsed renewal fees if, within 2 years
after honorable termination of the service, training or
education, except under condition other than honorable, the
person he or she furnishes the Department with satisfactory
evidence to the effect that the person he or she has been so
engaged and that the service, training, or education has been
so terminated.
(d) Any person who notifies the Department, in writing on
forms prescribed by the Department, may place the person's his
or her license on inactive status and shall be excused from the
payment of renewal fees until the person notifies the
Department in writing of the intention to resume active
practice.
(e) Any person requesting that the person's his or her
license be changed from inactive to active status shall be
required to pay the current renewal fee and shall also
demonstrate compliance with the continuing education
requirements.
(f) Any marriage and family therapist or associate
licensed marriage and family therapist whose license is

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nonrenewed or on inactive status shall not engage in the
practice of marriage and family therapy in the State of
Illinois and use the title or advertise that he or she performs
the services of a "licensed marriage and family therapist" or
an "associate licensed marriage and family therapist".
(g) Any person violating subsection (f) of this Section
shall be considered to be practicing without a license and
will be subject to the disciplinary provisions of this Act.
(h) (Blank).
(Source: P.A. 100-372, eff. 8-25-17.)
(225 ILCS 55/60) (from Ch. 111, par. 8351-60)
(Section scheduled to be repealed on January 1, 2027)
Sec. 60. Payments; penalty for insufficient funds. Any
person who delivers a check or other payment to the Department
that is returned to the Department unpaid by the financial
institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act prohibiting unlicensed practice or practice on a
nonrenewed license. The Department shall notify the person
that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days
after notification. If, after the expiration of 30 days from
the date of the notification, the person has failed to submit

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the necessary remittance, the Department shall automatically
terminate the license or deny the application, without
hearing. If, after termination or denial, the person seeks a
license, the person he or she shall apply to the Department for
restoration or issuance of the license and pay all fees and
fines due to the Department. The Department may establish a
fee for the processing of an application for restoration of a
license to pay all expenses of processing this application.
The Secretary may waive the fines due under this Section in
individual cases where the Secretary finds that the fines
would be unreasonable or unnecessarily burdensome.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 55/65) (from Ch. 111, par. 8351-65)
(Section scheduled to be repealed on January 1, 2027)
Sec. 65. Endorsement. The Department may issue a license
as a licensed marriage and family therapist, without the
required examination, to an applicant licensed under the laws
of another state if the requirements for licensure in that
state are, on the date of licensure, substantially equivalent
to the requirements of this Act or to a person who, at the time
of the person's his or her application for licensure,
possessed individual qualifications that were substantially
equivalent to the requirements then in force in this State. An
applicant under this Section shall pay all of the required
fees.

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An individual applying for licensure as a licensed
marriage and family therapist who has been licensed without
discipline at the independent level in another United States
jurisdiction for at least 30 months during the 5 consecutive
years preceding application is not required to submit proof of
completion of the education, professional experience, and
supervision required in Section 40. Individuals meeting this
requirement must submit certified verification of licensure
from the jurisdiction in which the applicant practiced and
must comply with all other licensing requirements and pay all
required fees.
If the accuracy of any submitted documentation or the
relevance or sufficiency of the course work or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies or conflicts in information given,
or a need for clarification, the applicant seeking licensure
may be required to provide additional information.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within the 3 years, the application shall expire be
denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 102-1053, eff. 6-10-22; 103-955, eff. 1-1-25.)
(225 ILCS 55/71 new)

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Sec. 71. Temporary authorization of practice by persons
licensed in other jurisdictions.
(a) A person licensed in another jurisdiction is
authorized to render marriage and family therapy services in
this State for up to 10 calendar days per year, consecutively
or in aggregate, if the individual is licensed in good
standing to practice marriage and family therapy independently
in another state, province, or territory. Any portion of a
calendar day in which the person provides services in this
State shall be considered as one working day. A person
practicing pursuant to this subsection (a) shall not establish
a permanent office location in this State, nor prepare or
publish letterhead, business cards, or similar publicity
materials listing an Illinois address or Illinois-based phone
number. Any time that the person devotes to providing
testimony in court or in deposition as a marriage and family
therapist shall not be counted as part of the 10 calendar days
allowed under this subsection (a).
(b) The Secretary may temporarily authorize an individual
to practice marriage and family therapy if the individual:
(1) holds an active, unencumbered license in good
standing in another jurisdiction; and
(2) has applied for a license under this Act due to a
natural disaster or catastrophic event in the jurisdiction
in which the individual is licensed.
The temporary authorization granted under this subsection

HB5387 Enrolled - 71 - LRB104 18003 AAS 31440 b
(b) shall expire upon the issuance of a license under this Act
to the individual or upon notification to the individual that
licensure has been denied by the Department.
(c) Any marriage and family therapist practicing pursuant
to subsection (a) or (b) of this Section shall be subject to
and shall conform the marriage and family therapist's practice
to the requirements of the prohibitions and sanctions under
this Act, the provisions on hearings and investigations under
this Act, and any rules adopted under this Act while the
marriage and family therapist is practicing in this State.
(225 ILCS 55/75) (from Ch. 111, par. 8351-75)
(Section scheduled to be repealed on January 1, 2027)
Sec. 75. License; restrictions and limitations.
(a) No person shall, without a valid license as an
associate licensed marriage and family therapist issued by the
Department:
(1) in any manner hold oneself out to the public as an
associate licensed marriage and family therapist;
(2) attach the title "associate licensed marriage and
family therapist" or use the credential "A.M.F.T." or
"A.L.M.F.T."; or
(3) offer to render or render to individuals,
corporations, or the public associate licensed marriage
and family services.
(b) No person shall, without a valid license as a licensed

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marriage and family therapist issued by the Department:
(1) in any manner hold oneself out to the public as a
marriage and family therapist or a licensed marriage and
family therapist;
(2) attach the title "marriage and family therapist"
or "licensed marriage and family therapist" or use the
credential "M.F.T." or "L.M.F.T."; or
(3) offer to render or render to individuals,
corporations, or the public marriage and family therapist
services.
(c) No business organization shall provide, attempt to
provide, or offer to provide marriage and family therapy
services unless every member, partner, shareholder, director,
officer, holder of any other ownership interest, agent, and
employee who renders marriage and family therapy services
holds a currently valid license issued under this Act. No
business shall be created that (1) has a stated purpose that
includes marriage and family therapy, or (2) practices or
holds itself out as available to practice marriage and family
therapy, unless it is organized under the Professional Service
Corporation Act or Professional Limited Liability Company Act.
Nothing in this Act shall preclude individuals licensed under
this Act from practicing directly or indirectly for a
physician licensed to practice medicine in all its branches
under the Medical Practice Act of 1987 or for any legal entity
as provided under subsection (c) of Section 22.2 of the

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Medical Practice Act of 1987.
(d) Individuals, corporations, professional limited
liability companies, partnerships, and associations may employ
practicum students, interns, or postdoctoral candidates
seeking to fulfill the professional experience requirements
needed to qualify for a license as a marriage and family
therapist to assist in the rendering of marriage and family
therapy services if the practicum students, interns, or
postdoctoral candidates function under the direct supervision,
order, control, and full professional responsibility of a
licensed marriage and family therapist at the corporation,
professional limited liability company, partnership, or
association. Nothing in this paragraph shall prohibit a
corporation, professional limited liability company,
partnership, or association from contracting with a licensed
health care professional to provide marriage and family
therapy services.
(Source: P.A. 99-227, eff. 8-3-15; 100-372, eff. 8-25-17.)
(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew a license,
or may revoke, suspend, reprimand, place on probation, or take
any other disciplinary or non-disciplinary action as the
Department may deem proper, including the imposition of fines

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not to exceed $10,000 for each violation, with regard to any
license issued under the provisions of this Act for any one or
combination of the following grounds:
(1) Material misstatement in furnishing information to
the Department.
(2) Violation of any provision of this Act or its
rules.
(3) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act or its rules.
(5) Professional incompetence.
(6) Gross negligence in practice under this Act.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing, within 30 60 days, to provide information
in response to a written request made by the Department.

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(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.
(11) Discipline by another jurisdiction if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually or
personally rendered. Nothing in this paragraph (12)
affects any bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (12) shall be construed to require an employment

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arrangement to receive professional fees for services
rendered.
(13) A finding by the Department that the licensee,
after having the licensee's his or her license placed on
probationary status, has violated the terms of probation
or failed to comply with the terms.
(14) Abandonment of a patient without cause.
(15) Willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with State agencies or
departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical illness or mental illness or impairment,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.

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(19) Solicitation of professional services by using
false or misleading advertising.
(20) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(21) Practicing under a false or assumed name, except
as provided by law.
(22) Gross, willful, and continued overcharging for
professional services, including filing false statements
for collection of fees or moneys for which services are
not rendered.
(23) Failure to establish and maintain records of
patient care and treatment as required by law.
(24) Cheating on or attempting to subvert the
licensing examinations administered under this Act.
(25) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(26) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(b) (Blank).

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(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume the
licensee's his or her practice as a licensed marriage and
family therapist or an associate licensed marriage and family
therapist.
(d) The Department shall refuse to issue or may suspend
the license of any person who fails to file a return, pay the
tax, penalty, or interest shown in a filed return or pay any
final assessment of tax, penalty, or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are
satisfied.
(d-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice under this
Act based solely upon the person authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not

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unlawful under the laws of this State, regardless of whether
the patient was a resident of this State or another state.
(d-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice under this
Act based upon the person's license, registration, or permit
being revoked or suspended, or the person being otherwise
disciplined, by any other state if that revocation,
suspension, or other form of discipline was based solely on
the person violating another state's laws prohibiting the
provision of, authorization of, recommendation of, aiding or
assisting in, referring for, or participation in any health
care service if that health care service as provided would not
have been unlawful under the laws of this State and is
consistent with the applicable standard of conduct for a
person practicing in Illinois under this Act.
(d-15) The conduct specified in subsection (d-5), (d-10),
(d-25), or (d-30) shall not constitute grounds for suspension
under Section 145.
(d-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall

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not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(d-25) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice issued
under this Act based solely upon an immigration violation by
the person.
(d-30) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a person's authorization to practice under this
Act based upon the person's license, registration, or permit
being revoked or suspended, or the person being otherwise
disciplined, by any other state if that revocation,
suspension, or other form of discipline was based solely upon
an immigration violation by the person.
(e) In enforcing this Section, the Department or Board
upon a showing of a possible violation may compel an
individual licensed to practice under this Act, or who has
applied for licensure under this Act, to submit to a mental or

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physical examination, or both, which may include a substance
abuse or sexual offender evaluation, as required by and at the
expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, licensed marriage and family
therapists, and other professional and administrative staff.
Any examining physician or member of the multidisciplinary
team may require any person ordered to submit to an
examination and evaluation pursuant to this Section to submit
to any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.

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The Department or Board may order the examining physician
or any member of the multidisciplinary team to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information, report, record, or
other documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at the
individual's his or her own expense, another physician of the
individual's his or her choice present during all aspects of
this examination. However, that physician shall be present
only to observe and may not interfere in any way with the
examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of the individual's his or her license until the
individual submits to the examination.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the

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

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to the Department or Board that the individual he or she can
resume practice in compliance with acceptable and prevailing
standards under the provisions of the individual's his or her
license.
(f) A fine shall be paid within 60 days after the effective
date of the order imposing the fine or in accordance with the
terms set forth in the order imposing the fine.
(g) The Department may adopt rules to implement,
administer, and enforce this Section.
(Source: P.A. 103-715, eff. 1-1-25; 104-432, eff. 1-1-26.)
(225 ILCS 55/90) (from Ch. 111, par. 8351-90)
(Section scheduled to be repealed on January 1, 2027)
Sec. 90. Violations; injunctions; cease and desist order.
(a) If any person violates a provision of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining the violation or for
an order enforcing compliance with this Act. Upon the filing
of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the Court may punish the offender for contempt of
court. Proceedings under this Section are in addition to, and
not in lieu of, all other remedies and penalties provided by

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this Act.
(b) If any person practices as a marriage and family
therapist or an associate marriage and family therapist or
holds oneself himself or herself out as such without having a
valid license under this Act, then any licensee, any
interested party or any person injured thereby may, in
addition to the Secretary, petition for relief as provided in
subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person him or her. The rule shall
clearly set forth the grounds relied upon by the Department
and shall provide a period of 7 days from the date of the rule
to file an answer to the satisfaction of the Department.
Failure to answer to the satisfaction of the Department shall
cause an order to cease and desist to be issued immediately.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 55/91)
(Section scheduled to be repealed on January 1, 2027)
Sec. 91. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself himself or herself out to
practice as a licensed marriage and family therapist or an
associate licensed marriage and family therapist without being

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licensed under this Act shall, in addition to any other
penalty provided by law, pay a civil penalty to the Department
in an amount not to exceed $10,000 for each offense, as
determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(b) The Department may investigate any and all unlicensed
activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 100-372, eff. 8-25-17.)
(225 ILCS 55/95) (from Ch. 111, par. 8351-95)
(Section scheduled to be repealed on January 1, 2027)
Sec. 95. Investigation; notice and hearing.
(a) The Department may investigate the actions or
qualifications of any person or persons holding or claiming to
hold a license under this Act.
(b) The Department shall, before disciplining an applicant
or licensee, at least 30 days before the date set for the
hearing, (i) notify the accused in writing of any charges made
and the time and place for a hearing on the charges, (ii)

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direct the accused him or her to file a written answer to the
charges under oath within 20 days after the service on the
accused him or her of such notice, and (iii) inform the
applicant or licensee that failure to file an answer will
result in a default being entered against the applicant or
licensee.
(c) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges, and the parties or their counsel shall be
accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Board or
hearing officer may continue the hearing from time to time. In
case the person, after receiving notice, fails to file an
answer, the person's his or her license may, in the discretion
of the Secretary having first received the recommendation of
the Board,, be suspended, revoked, or placed on probationary
status, or be subject to whatever disciplinary action the
Secretary considers proper, including limiting the scope,
nature, or extent of the person's practice or the imposition
of a fine, without a hearing, if the act or acts charged
constitute sufficient grounds for such action under this Act.
(d) Written or electronic notice, and any notice in the
subsequent proceeding, may be served by personal delivery, by
email, or by mail to the applicant or licensee at the
applicant's or licensee's his or her address of record or
email address of record.

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(Source: P.A. 100-372, eff. 8-25-17; revised 6-24-25.)
(225 ILCS 55/135) (from Ch. 111, par. 8351-135)
(Section scheduled to be repealed on January 1, 2027)
Sec. 135. Restoration. At any time after the successful
completion of a term of probation, suspension, or revocation
of any license, the Department may restore the license to the
licensee, upon the written recommendation of the Board, unless
after an investigation and a hearing the Board or Department
determines that restoration is not in the public interest.
Where circumstances of suspension or revocation so indicate,
the Department may require an examination of the licensee
prior to restoring the his or her license. No person whose
license has been revoked as authorized in this Act may apply
for restoration of that license or permit until such time as
provided for in the Civil Administrative Code of Illinois.
(Source: P.A. 100-372, eff. 8-25-17.)
(225 ILCS 55/145) (from Ch. 111, par. 8351-145)
(Section scheduled to be repealed on January 1, 2027)
Sec. 145. Summary suspension. The Secretary may summarily
suspend the license of a marriage and family therapist or an
associate licensed marriage and family therapist without a
hearing, simultaneously with the institution of proceedings
for a hearing provided for in this Act, if the Secretary finds
that evidence in the Secretary's his or her possession

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indicates that a marriage and family therapist's or associate
licensed marriage and family therapist's continuation in
practice would constitute an imminent danger to the public. In
the event that the Secretary summarily suspends the license of
a marriage and family therapist or an associate licensed
marriage and family therapist without a hearing, a hearing by
the Board or Department must be held within 30 calendar days
after the suspension has occurred.
(Source: P.A. 100-372, eff. 8-25-17.)
Section 20. The Massage Therapy Practice Act is amended by
changing Sections 15, 17, 19, 25, 30, 32, 35, 45, 50, 68, 70,
75, 90, 95, 100, 105, and 165 as follows:
(225 ILCS 57/15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Licensure requirements.
(a) Persons engaged in massage for compensation must be
licensed by the Department. The Department shall issue a
license to an individual who meets all of the following
requirements:
(1) The applicant has applied in writing or
electronically on the prescribed forms provided by the
Department and has paid the required fees.
(2) The applicant is at least 18 years of age and of
good moral character. In determining good moral character,

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the Department may take into consideration conviction of
any crime under the laws of the United States or any state
or territory thereof that is a felony or a misdemeanor or
any crime that is directly related to the practice of the
profession. Such a conviction shall not operate
automatically as a complete bar to a license, except in
the case of any conviction listed under subsection (c) of
Section 45 for prostitution, rape, or sexual misconduct,
or where the applicant is a registered sex offender.
(3) The applicant has successfully completed a massage
therapy program approved by the Department that requires a
minimum of 500 hours, except applicants applying on or
after January 1, 2014 shall meet a minimum requirement of
600 hours, and has passed a competency examination
approved by the Department.
(b) Each applicant for licensure as a massage therapist
shall have the applicant's his or her fingerprints submitted
to the Illinois State Police in an electronic format that
complies with the form and manner for requesting and
furnishing criminal history record information as prescribed
by the Illinois State Police. These fingerprints shall be
checked against the Illinois State Police and Federal Bureau
of Investigation criminal history record databases now and
hereafter filed. The Illinois State Police shall charge
applicants a fee for conducting the criminal history records
check, which shall be deposited into the State Police Services

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Fund and shall not exceed the actual cost of the records check.
The Illinois State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department, in its discretion, may allow an
applicant who does not have reasonable access to a designated
vendor to provide the applicant's his or her fingerprints in
an alternative manner. The Department may adopt any rules
necessary to implement this Section.
(c) Each applicant for licensure as a massage therapist
shall submit a copy of a current and valid form of government
identification that includes a photograph of the licensee,
including, but not limited to, a State-issued driver's
license, a State identification card, or a passport.
(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(225 ILCS 57/17)
(Section scheduled to be repealed on January 1, 2027)
Sec. 17. Social Security number or individual taxpayer
identification number on license application. In addition to
any other information required to be contained in the
application, every application for an original, renewal,
reinstated, or restored license as a massage therapist under
this Act shall include the applicant's Social Security number

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or individual taxpayer identification number.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/19)
(Section scheduled to be repealed on January 1, 2027)
Sec. 19. Endorsement. The Department may, in its
discretion, license as a massage therapist, by endorsement
upon , on payment of the required fee and submission of an
application, an applicant who is a massage therapist licensed
under the laws of another state or territory, if the
requirements for licensure in the state or territory in which
the applicant was licensed were, at the date of the
applicant's his or her licensure, substantially equivalent to
the requirements in force in this State on that date. The
Department may adopt any rules necessary to implement this
Section.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within the 3 years, the application shall expire be
denied, the fee forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. Exemptions.

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(a) This Act does not prohibit a person licensed under any
other Act in this State from engaging in the practice for which
the person he or she is licensed.
(b) Persons exempted under this Section include, but are
not limited to, physicians, podiatric physicians, naprapaths,
and physical therapists.
(c) Nothing in this Act prohibits qualified members of
other professional groups, including, but not limited to,
nurses, occupational therapists, cosmetologists, and
estheticians, from performing massage in a manner consistent
with their training and the code of ethics of their respective
professions.
(d) Nothing in this Act prohibits a student of an approved
massage school or program from performing massage, provided
that the student does not hold the student himself or herself
out as a licensed massage therapist and does not receive
compensation, including tips, for massage therapy services.
(e) Nothing in this Act prohibits practitioners that do
not involve intentional soft tissue manipulation, including,
but not limited to, Alexander Technique, Feldenkrais, Reike,
and Therapeutic Touch, from practicing.
(f) Practitioners of certain service marked bodywork
approaches that do involve intentional soft tissue
manipulation, including, but not limited to, Rolfing, Trager
Approach, Polarity Therapy, and Orthobionomy, are exempt from
this Act if they are approved by their governing body based on

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a minimum level of training, demonstration of competency, and
adherence to ethical standards.
(g) (Blank). Until January 1, 2024, members of the
American Organization for Bodywork Therapies of Asia are
exempt from licensure under this Act.
(h) Practitioners of other forms of bodywork who restrict
manipulation of soft tissue to the feet, hands, and ears, and
who do not have the client disrobe, such as reflexology, are
exempt from this Act.
(i) Nothing in this Act applies to massage therapists from
other states or countries when providing educational programs
for a period not exceeding 30 days within a calendar year.
(j) Nothing in this Act prohibits a person from treating
ailments by spiritual means through prayer alone in accordance
with the tenets and practices of a recognized church or
religious denomination.
(k) Nothing in this Act applies to the practice of massage
therapy by a person either actively licensed as a massage
therapist in another state or currently certified by the
National Certification Board of Therapeutic Massage and
Bodywork or other national certifying body if said person's
state does not license massage therapists, if the person
performs he or she is performing his or her duties for a
Department-approved educational program for less than 30 days
in a calendar year, a Department-approved continuing education
program for less than 30 days in a calendar year, a

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non-Illinois based team or professional organization, or for a
national athletic event held in this State, so long as the
massage therapist he or she restricts the massage therapist's
his or her practice to the massage therapist's his or her team
or organization or to event participants during the course of
the massage therapist's his or her team's or organization's
stay in this State or for the duration of the event.
(Source: P.A. 101-421, eff. 8-16-19; 102-20, eff. 1-1-22.)
(225 ILCS 57/30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 30. Title protection.
(a) Persons regulated by this Act are designated as
massage therapists and therefore are exclusively entitled to
utilize the terms "massage", "massage therapy", "licensed
massage therapist", "LMT", "MT", and "massage therapist" when
advertising or printing promotional material.
(b) Anyone who knowingly aids and abets one or more
persons not authorized to use a professional title regulated
by this Act or knowingly employs persons not authorized to use
the regulated professional title in the course of their
employment, commits a violation of this Act.
(c) Anyone not authorized, under the definitions of this
Act, to utilize the term "massage", "massage therapy",
"licensed massage therapist", "LMT", "MT", or "massage
therapist" and who knowingly utilizes these terms when

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advertising commits a violation of this Act.
(d) Nothing in this Act shall prohibit the use of the terms
"massage", "massage therapy", or "massage therapist" by a
salon registered under the Barber, Cosmetology, Esthetics,
Hair Braiding, and Nail Technology Act of 1985, provided that
the salon offers massage therapy services in accordance with
this Act.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/32)
(Section scheduled to be repealed on January 1, 2027)
Sec. 32. Display. Every holder of a license shall display
it, or a copy, in a conspicuous place in the holder's principal
place of practice and office or any other location where the
holder renders massage therapy services, and shall also
present the holder's license and either an employer-issued
badge that includes the holder's name and a photograph of the
holder or a valid government identification that includes a
photograph of the holder upon request of a client. A holder
shall provide valid government identification that includes a
photograph of the holder to a Department representative upon
request when providing massage therapist services at any
location. Every displayed license shall have the license
number visible.
(Source: P.A. 102-20, eff. 1-1-22.)

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(225 ILCS 57/35)
(Section scheduled to be repealed on January 1, 2027)
Sec. 35. Massage Licensing Board.
(a) The Secretary shall appoint a Massage Licensing Board,
which shall serve in an advisory capacity to the Secretary.
The Board shall consist of 7 members, of whom 6 shall be
practicing massage therapists with at least 3 years of
experience in massage. One of the massage therapist members
shall represent a massage therapy school from the private
sector and one of the massage therapist members shall
represent a massage therapy school from the public sector. One
of the massage therapist members shall be an owner of a massage
business. One member of the Board shall be a member of the
public who is not licensed under this Act, does not have any
interest in massage therapy schools, does not own a massage
therapy business, does not have any interest in businesses
related to massage therapy, is not licensed as a healthcare
worker in this State, as defined in the Health Care Worker
Self-Referral Act, is not licensed under the Barber,
Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act
of 1985, and is not licensed under similar Acts in or a similar
Act in Illinois or another jurisdiction. Membership on the
Board shall reasonably reflect the various massage therapy and
non-exempt bodywork organizations. Membership on the Board
shall reasonably reflect the geographic areas of the State.
The Board shall meet annually to elect a chairperson and vice

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chairperson. The Board shall hold regularly scheduled meetings
during the year. A simple majority of the Board shall
constitute a quorum at any meeting. Any action taken by the
Board must be on the affirmative vote of a simple majority of
members. Voting by proxy shall not be permitted. In the case of
an emergency where all Board members cannot meet in person,
the Board may convene a meeting via an electronic format in
accordance with the Open Meetings Act.
(b) Members shall be appointed to a 3-year term, except
that initial appointees shall serve the following terms: 2
members shall serve for one year, 2 members shall serve for 2
years, and 3 members shall serve for 3 years. A member whose
term has expired shall continue to serve until a his or her
successor is appointed. No member shall be reappointed to the
Board for a term that would cause the member's his or her
continuous service on the Board to exceed 9 years. In the case
of a Board member position that is vacated before the end of
the member's term, an individual may be appointed to serve the
unexpired portion of that term, and appointments Appointments
to fill vacancies shall be made in the same manner as the
original appointments for the unexpired portion of the vacated
term.
(c) The members of the Board are entitled to receive
compensation for all legitimate and necessary expenses
incurred while attending Board and Department meetings.
(d) Members of the Board shall be immune from suit in any

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action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
(e) The Secretary may shall consider the recommendations
of the Board on questions involving the standards of
professional conduct, discipline, and qualifications of
candidates and licensees under this Act. Nothing shall limit
the ability of the Board to provide recommendations to the
Secretary with in regard to any matter affecting the
administration of this Act. The Secretary shall give due
consideration to all recommendations of the Board.
(f) The Secretary may terminate the appointment of any
member for cause which, in the opinion of the Secretary
reasonably justifies termination, which may include, but is
not limited to, a Board member who does not attend 2
consecutive meetings.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 45. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action, as the Department
considers appropriate, including the imposition of fines not
to exceed $10,000 for each violation, with regard to any
license or licensee for any one or more of the following:

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(1) violations of this Act or of the rules adopted
under this Act;
(2) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession;
(3) professional incompetence, which may include, but
is not limited to, failure of a licensee to adhere to the
professional code of ethics established by nationally
recognized professional organizations;
(4) advertising in a false, deceptive, or misleading
manner, including failing to use the massage therapist's
own license number in an advertisement;
(5) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
practice massage contrary to any rules or provisions of
this Act;
(6) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or
sexual exploitation, related to the licensee's practice;
(7) engaging in dishonorable, unethical, or

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unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(8) practicing or offering to practice beyond the
scope permitted by law or accepting and performing
professional responsibilities which the licensee knows or
has reason to know that the licensee he or she is not
competent to perform;
(9) knowingly delegating professional
responsibilities to a person unqualified by training,
experience, or licensure to perform;
(10) failing to provide information in response to a
written request made by the Department within 60 days;
(11) having a habitual or excessive use of or
addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug which results in the inability to
practice with reasonable judgment, skill, or safety;
(12) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(13) discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section;
(14) a finding by the Department that the licensee,
after having the licensee's his or her license placed on

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probationary status, has violated the terms of probation;
(15) willfully making or filing false records or
reports in the person's his or her practice, including,
but not limited to, false records filed with State
agencies or departments;
(16) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(17) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(18) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, or a mental illness or disability;
(19) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered, except that
licensees may charge a client fees for late cancellations
and failure to attend appointments if the client is
informed of the fees for late cancellations and failure to
attend appointments at the time of booking an appointment;
(20) practicing under a false or, except as provided

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by law, an assumed name; or
(21) cheating on or attempting to subvert the
licensing examination administered under this Act.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) A person not licensed under this Act and engaged in the
business of offering massage therapy services through others,
shall not aid, abet, assist, procure, advise, employ, or
contract with any unlicensed person to practice massage
therapy contrary to any rules or provisions of this Act. A
person violating this subsection (b) shall be treated as a
licensee for the purposes of disciplinary action under this
Section and shall be subject to cease and desist orders as
provided in Section 90 of this Act.
(c) Notwithstanding any other law to the contrary, the The
Department shall revoke, without a hearing, any license issued
under this Act of any person who is convicted of any offense
related to sexual assault under the laws of any jurisdiction,
including, without limitation, the following:
(1) prostitution; ,
(2) rape; ,
(3) sexual misconduct; ,
(4) involuntary sexual servitude of a minor;
(5) battery against a patient, including any offense
based on sexual conduct or sexual penetration, in the
course of patient care or treatment; or

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(6) any crime that subjects the licensee to compliance
with the requirements of the Sex Offender Registration
Act. and any
Any such conviction listed in this subsection (c) shall
operate as a permanent bar in the State of Illinois to practice
as a massage therapist. No person who has been convicted of any
offense listed in this subsection (c) or who is required at any
point to register as a sex offender may receive, maintain, or
restore a license as a massage therapist in Illinois.
(c-5) A prosecuting attorney shall provide notice to the
Department of the licensed massage therapist's name, address,
practice address, and license number and a copy of the
criminal charges filed immediately after a licensed massage
therapist has been charged with any of the following offenses:
(1) an offense for which the sentence includes
registration as a sex offender;
(2) involuntary sexual servitude of a minor;
(3) the crime of battery against a patient, including
any offense based on sexual conduct or sexual penetration,
in the course of patient care or treatment; or
(4) a forcible felony.
If the victim of the crime the licensee has been charged
with is a patient of the licensee, the prosecuting attorney
shall also provide notice to the Department of the patient's
name.
Within 5 business days after receiving notice from the

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prosecuting attorney of the filing of criminal charges against
the licensed massage therapist, the Secretary shall issue an
administrative order that the licensed massage therapist shall
practice only with a chaperone during all patient encounters
pending the outcome of the criminal proceedings. The chaperone
shall be a licensed massage therapist or other health care
worker licensed by the Department. The administrative order
shall specify any other terms or conditions deemed appropriate
by the Secretary. The chaperone shall provide written notice
to all of the licensed massage therapist's patients explaining
the Department's order to use a chaperone. Each patient shall
sign an acknowledgment that the patient received the notice.
The notice to the patient of criminal charges shall include,
in 14-point font, the following statement: "The massage
therapist is presumed innocent until proven guilty of the
charges.".
The licensed massage therapist shall provide a written
plan of compliance with the administrative order that is
acceptable to the Department within 5 business days after
receipt of the administrative order. Failure to comply with
the administrative order, failure to file a compliance plan,
or failure to follow the compliance plan shall subject the
licensed massage therapist to temporary suspension of the
licensed massage therapist's his or her license until the
completion of the criminal proceedings.
If the licensee is not convicted of the charge or if any

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conviction is later overturned by a reviewing court, the
administrative order shall be vacated and removed from the
licensee's record.
The Department may adopt rules to implement this
subsection.
(d) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Civil Administrative Code of Illinois.
(e) (Blank).
(f) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) The determination by a circuit court that a licensee

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is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(h) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have,
at the individual's his or her own expense, another physician
of the individual's his or her choice present during all
aspects of this examination. The examination shall be
performed by a physician licensed to practice medicine in all
its branches. Failure of an individual to submit to a mental or
physical examination, when directed, shall result in an

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

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counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that the individual he or she can
resume practice in compliance with acceptable and prevailing
standards under the provisions of the individual's his or her
license.
(Source: P.A. 103-757, eff. 8-2-24; 104-417, eff. 8-15-25.)
(225 ILCS 57/50)
(Section scheduled to be repealed on January 1, 2027)
Sec. 50. Advertising. It is a misdemeanor for any person,
organization, or corporation to advertise massage services
unless the person providing the service holds a valid license
under this Act, except for those excluded licensed
professionals who are allowed to include massage in their
scope of practice. A massage therapist may not advertise
unless the massage therapist he or she has a current license
issued by this State. A massage therapist shall include the
current license number issued by the Department on all
advertisements in accordance with paragraph (4) of subsection
(a) of Section 45. "Advertise" as used in this Section
includes, but is not limited to, the issuance of any card,
sign, or device to any person; the causing, permitting, or

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allowing of any sign or marking on or in any building, vehicle,
or structure; advertising in any newspaper or magazine; any
listing or advertising in any directory under a classification
or heading that includes the words "massage", "massage
therapist", "therapeutic massage", or "massage therapeutic";
or commercials broadcast by any means.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 57/68)
(Section scheduled to be repealed on January 1, 2027)
Sec. 68. Abnormal skin growth education.
(a) In addition to any other requirements under this Act,
the following applicants must provide proof of completion of a
course approved by the Department in abnormal skin growth
education, including training on identifying melanoma:
(1) An applicant who submits an application for
original licensure on or after January 1, 2026.
(2) An applicant who was licensed before January 1,
2026 when submitting the applicant's first application for
renewal or restoration of a license on or after January 1,
2026.
(b) Nothing in this Section shall be construed to create a
cause of action or any civil liabilities or to require or
permit a licensee or applicant under this Act to practice
medicine or otherwise practice outside of the scope of
practice of a licensed massage therapist.

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(c) A person licensed under this Act may refer an
individual to seek care from a medical professional regarding
an abnormal skin growth. Neither a person licensed under this
Act who completes abnormal skin growth education as a part of
the person's continuing education, nor the person's employer,
shall be civilly or criminally liable for acting in good faith
or failing to act on information obtained during the course of
practicing in the person's profession or employment concerning
potential abnormal skin growths.
(Source: P.A. 103-851, eff. 8-9-24.)
(225 ILCS 57/70)
(Section scheduled to be repealed on January 1, 2027)
Sec. 70. Restoration of expired licenses. A massage
therapist who has permitted the massage therapist's his or her
license to expire or who has had the massage therapist's his or
her license on inactive status may have the his or her license
restored by making application to the Department and filing
proof acceptable to the Department of the massage therapist's
his or her fitness to have the his or her license restored,
including sworn evidence certifying to active practice in
another jurisdiction satisfactory to the Department, and by
paying the required restoration fee and showing proof of
completion of required continuing education. Licensees must
provide proof of completion of 25 24 hours approved continuing
education to renew their license.

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If the massage therapist has not maintained an active
practice in another jurisdiction satisfactory to the
Department, the Board shall determine, by an evaluation
program established by rule, the massage therapist's his or
her fitness to resume active status and may require the
massage therapist to complete a period of evaluated clinical
experience and may require successful completion of an
examination.
A massage therapist whose license has been expired or
placed on inactive status for more than 5 years may have the
his or her license restored by making application to the
Department and filing proof acceptable to the Department of
the massage therapist's his or her fitness to have the his or
her license restored, including sworn evidence certifying to
active practice in another jurisdiction, by paying the
required restoration fee, and by showing proof of the
completion of 25 24 hours of continuing education.
However, any massage therapist registrant whose license
has expired while the massage therapist he or she has been
engaged (i) in Federal Service on active duty with the United
States Army, Navy, Marine Corps, Air Force, Space Force, Coast
Guard, or Public Health Service or the State Militia called
into the service or training of the United States of America,
or (ii) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have the massage therapist's his or her license

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reinstated or restored without paying any lapsed renewal fees,
if within 2 years after honorable termination of such service,
training, or education, the massage therapist he or she
furnishes to the Department with satisfactory evidence to the
effect that the massage therapist he or she has been so engaged
and that the massage therapist's his or her service, training,
or education has been so terminated.
(Source: P.A. 103-746, eff. 1-1-25.)
(225 ILCS 57/75)
(Section scheduled to be repealed on January 1, 2027)
Sec. 75. Inactive licenses. Any massage therapist who
notifies the Department in writing or electronically on forms
provided prescribed by the Department may elect to place the
massage therapist's his or her license on inactive status and
shall, subject to rules of the Department, be excused from
payment of renewal fees until the massage therapist he or she
notifies the Department in writing of the massage therapist's
his or her desire to resume active status.
A massage therapist requesting restoration from inactive
status shall be required to pay the current renewal fee and
shall be required to restore the massage therapist's his or
her license as provided in Section 70 of this Act.
Any massage therapist whose license is on inactive status
shall not practice massage therapy in the State, and any
practice conducted shall be deemed unlicensed practice.

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(Source: P.A. 92-860, eff. 6-1-03.)
(225 ILCS 57/90)
(Section scheduled to be repealed on January 1, 2027)
Sec. 90. Violations; injunction; cease and desist order.
(a) If any person violates a provision of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois or the State's Attorney in the county in which the
offense occurs, petition for an order enjoining the violation
or for an order enforcing compliance with this Act. Upon the
filing of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
(b) If any person administers practices as a massage for
compensation therapist or holds oneself himself or herself out
as a massage therapist without being licensed under the
provisions of this Act, then the Secretary, any licensed
massage therapist, any interested party, or any person injured
thereby may petition for relief as provided in subsection (a)
of this Section or may apply to the circuit court of the county

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in which the violation or some part thereof occurred, or in
which the person complained of has his or her principal place
of business or resides, to prevent the violation. The court
has jurisdiction to enforce obedience by injunction or by
other process restricting the person complained of from
further violation and enjoining upon the person's him or her
obedience.
(c) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person him or her. The rule shall
clearly set forth the grounds relied upon by the Department
and shall provide a period of 7 days from the date of the rule
to file an answer to the satisfaction of the Department.
Failure to answer to the satisfaction of the Department shall
cause an order to cease and desist to be issued.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/95)
(Section scheduled to be repealed on January 1, 2027)
Sec. 95. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons rendering or offering to render massage
therapy services or any person holding or claiming to hold a
license as a massage therapist. The Department shall, before
refusing to issue or renew a license or to discipline a

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licensee under Section 45, at least 30 days prior to the date
set for the hearing, (i) notify the accused in writing of the
charges made and the time and place for the hearing on the
charges, (ii) direct the accused him or her to file a written
answer with the Department under oath within 20 days after the
service of the notice, and (iii) inform the accused applicant
or licensee that failure to file an answer will result in a
default judgment being entered against the accused applicant
or licensee. At the time and place fixed in the notice, the
Department shall proceed to hear the charges and the parties
of their counsel shall be accorded ample opportunity to
present any pertinent statements, testimony, evidence, and
arguments. The Department may continue the hearing from time
to time. In case the person, after receiving the notice, fails
to file an answer, the his or her license may, in the
discretion of the Department, be revoked, suspended, placed on
probationary status, or the Department may take whatever
disciplinary actions considered proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for that action under
the Act. The written notice may be served by personal
delivery, by certified mail to the accused's address of
record, or by email to the accused's email address of record.
(Source: P.A. 102-20, eff. 1-1-22.)

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(225 ILCS 57/100)
(Section scheduled to be repealed on January 1, 2027)
Sec. 100. Record of proceedings Stenographer; transcript.
The Department, at its expense, shall provide a certified
shorthand reporter to take down the testimony and preserve a
record of all proceedings at the formal hearing of any case.
Any notice, all documents in the nature of pleadings, written
motions filed in the proceedings, the transcripts of
testimony, reports of the Board and hearing officer, and
orders of the Department shall be in the record of the
proceeding. The record may be made available to any person
interested in the hearing upon the payment of the fee required
by Section 2105-115 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
The Department may contract for court reporting services, and,
in the event it does so, the Department shall provide the name
and contact information for the certified shorthand reporter
who transcribed the testimony at a hearing to any person
interested, who may obtain a copy of the transcript of any
proceedings at a hearing upon the payment of the fee specified
by the certified shorthand reporter. This charge shall be in
addition to any fee charged by the Department for certifying
the record.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/105)

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(Section scheduled to be repealed on January 1, 2027)
Sec. 105. Subpoenas; depositions; oaths.
(a) The Department may subpoena and bring before it any
person to take the oral or written testimony or compel the
production of any books, papers, records, or any other
documents that the Secretary or the Secretary's his or her
designee deems relevant or material to any such investigation
or hearing conducted by the Department with the same fees and
in the same manner as prescribed in civil cases in the courts
of this State.
(b) Any circuit court, upon the application of the
licensee or the Department, may order the attendance and
testimony of witnesses and the production of relevant
documents, files, records, books, and papers in connection
with any hearing or investigation. The circuit court may
compel obedience to its order by proceedings for contempt.
(c) The Secretary, the hearing officer, any member of the
Board, or a certified shorthand court reporter may administer
oaths at any hearing the Department conducts. Notwithstanding
any other statute or Department rule to the contrary, all
requests for testimony, production of documents, or records
shall be in accordance with this Act.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/165)
(Section scheduled to be repealed on January 1, 2027)

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Sec. 165. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself himself or herself out to
practice massage therapy or as a massage therapist without
being licensed under this Act, or any person not licensed
under this Act who aids, abets, assists, procures, advises,
employs, or contracts with any unlicensed person to practice
massage therapy contrary to any rules or provisions of this
Act, shall, in addition to any other penalty provided by law,
pay a civil penalty to the Department in an amount not to
exceed $10,000 for each violation of this Act as determined by
the Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
(b) The Department has the authority and power to
investigate any unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(d) All moneys collected under this Section shall be
deposited into the General Professions Dedicated Fund.
(Source: P.A. 97-514, eff. 8-23-11.)

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Section 25. The Medical Practice Act of 1987 is amended by
changing Sections 5, 7.1, 9, 9.3, 9.5, 9.7, 11, 15, 17, 18, 21,
22, 22.2, 23, 26, 36, 37, 38, 40, 44, 49, 54, 54.2, 54.5, 58,
and 66 and by adding Section 70 as follows:
(225 ILCS 60/5) (from Ch. 111, par. 4400-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5. Because the candid and conscientious evaluation of
clinical practices is essential to the provision of adequate
health care, it is the policy of this State to encourage peer
review by health care providers. Therefore, while serving upon
any committee whose purpose, directly or indirectly, is
internal quality control or medical study to reduce morbidity
or mortality, or for improving patient care or physician
services within a hospital duly licensed under the Hospital
Licensing Act, or within a professional association of persons
licensed under this Act, or the improving or benefiting of
patient care and treatment whether within a hospital or not,
or for the purpose of professional discipline, any person
serving on such committee, and any person providing service to
such committees, shall not be liable for civil damages as a
result of their acts, omissions, decisions, or any other
conduct in connection with their duties on such committees,
except those involving willful wilful or wanton misconduct.
Information considered shall be afforded the same status
as is information concerning medical studies by Part 21 of

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Article VIII of the "Code of Civil Procedure", as now or
hereafter amended.
(Source: P.A. 85-1209; revised 6-24-25.)
(225 ILCS 60/7.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 7.1. Medical Board.
(A) There is hereby created the Illinois State Medical
Board. The Medical Board shall advise the Secretary. The
Medical Board shall consist of 17 members, to be appointed by
the Governor by and with the advice and consent of the Senate.
All members shall be residents of the State, not more than 8 of
whom shall be members of the same political party. All members
shall be voting members. Eight members shall be physicians
licensed to practice medicine in all of its branches in
Illinois possessing the degree of doctor of medicine. Two
members shall be physicians licensed to practice medicine in
all its branches in Illinois possessing the degree of doctor
of osteopathy or osteopathic medicine. Two of the physician
members shall be physicians who collaborate with physician
assistants. Two members shall be chiropractic physicians
licensed to practice in Illinois and possessing the degree of
doctor of chiropractic. Two members shall be physician
assistants licensed to practice in Illinois. Three members
shall be members of the public, who shall not be engaged in any
way, directly or indirectly, as providers of health care.

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(B) Members of the Medical Board shall be appointed for
terms of 4 years. Upon the expiration of the term of any
member, their successor shall be appointed for a term of 4
years by the Governor by and with the advice and consent of the
Senate. The Governor shall fill any vacancy for the remainder
of the unexpired term with the advice and consent of the
Senate. Upon recommendation of the Medical Board, any member
of the Medical Board may be removed by the Governor for
misfeasance, malfeasance, or willful neglect of duty, after
notice, and a public hearing, unless such notice and hearing
shall be expressly waived in writing. Each member shall serve
on the Medical Board until their successor is appointed and
qualified. No member of the Medical Board shall serve more
than 2 consecutive 4-year terms.
In making appointments the Governor shall attempt to
ensure that the various social and geographic regions of the
State of Illinois are properly represented.
In making the designation of persons to act for the
several professions represented on the Medical Board, the
Governor shall give due consideration to recommendations by
members of the respective professions and by organizations
therein.
(C) The Medical Board shall annually elect one of its
voting members as chairperson and one as vice chairperson. No
officer shall be elected more than twice in succession to the
same office. Each officer shall serve until their successor

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has been elected and qualified.
(D) A majority of the Medical Board members currently
appointed shall constitute a quorum. A vacancy in the
membership of the Medical Board shall not impair the right of a
quorum to exercise all the rights and perform all the duties of
the Medical Board. Any action taken by the Medical Board under
this Act may be authorized by resolution at any regular or
special meeting and each such resolution shall take effect
immediately. The Medical Board shall meet at least quarterly.
(E) Each member shall be paid their necessary expenses
while engaged in the performance of their duties.
(F) The Secretary shall select a Chief Medical Coordinator
and not less than 2 Deputy Medical Coordinators who shall not
be members of the Medical Board. Each medical coordinator
shall be a physician licensed to practice medicine in all of
its branches, and the Secretary shall set their rates of
compensation. The Secretary shall assign at least one medical
coordinator to a region composed of Cook County and such other
counties as the Secretary may deem appropriate, and such
medical coordinator or coordinators shall locate their office
in Chicago. The Secretary shall assign at least one medical
coordinator to a region composed of the balance of counties in
the State, and such medical coordinator or coordinators shall
locate their office in Springfield. The Chief Medical
Coordinator shall be the chief enforcement officer of this
Act. None of the functions, powers, or duties of the

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Department with respect to policies regarding enforcement or
discipline under this Act, including the adoption of such
rules as may be necessary for the administration of this Act,
shall be exercised by the Department except upon review of the
Medical Board.
(G) The Secretary shall employ, in conformity with the
Personnel Code, investigators who are college graduates with
at least 2 years of investigative experience or one year of
advanced medical education. Upon the written request of the
Medical Board, the Secretary shall employ, in conformity with
the Personnel Code, such other professional, technical,
investigative, and clerical help, either on a full or
part-time basis as the Medical Board deems necessary for the
proper performance of its duties.
(H) Upon the specific request of the Medical Board, signed
by either the chairperson, vice chairperson, or a medical
coordinator of the Medical Board, the Department of Human
Services, the Department of Healthcare and Family Services,
the Illinois Department of State Police, or any other law
enforcement agency located in this State shall make available
any and all information that they have in their possession
regarding a particular case then under investigation by the
Medical Board.
(I) Members of the Medical Board shall be immune from suit
in any action based upon any disciplinary proceedings or other
acts performed in good faith as members of the Medical Board.

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(J) The Medical Board may compile and establish a
statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed to
serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators or the Medical Board in their investigations and
participation in complaints against physicians. Such advisors
shall serve under contract and shall be reimbursed at a
reasonable rate for the services provided, plus reasonable
expenses incurred. While serving in this capacity, the
advisor, for any act undertaken in good faith and in the
conduct of his or her duties under this Section, shall be
immune from civil suit.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/9) (from Ch. 111, par. 4400-9)
(Section scheduled to be repealed on January 1, 2027)
Sec. 9. Application for license. Each applicant for a
license shall:
(A) Make application on blank forms prepared and
furnished by the Department.
(B) Submit evidence satisfactory to the Department
that the applicant:
(1) is of good moral character. In determining
moral character under this Section, the Department may

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take into consideration whether the applicant has
engaged in conduct or activities which would
constitute grounds for discipline under this Act. The
Department may also request the applicant to submit,
and may consider as evidence of moral character,
endorsements from 2 or 3 individuals licensed under
this Act;
(2) has the preliminary and professional education
required by this Act;
(3) (blank); and
(4) is physically, mentally, and professionally
capable of practicing medicine with reasonable
judgment, skill, and safety. In determining physical
and mental capacity under this Section, the Medical
Board may, upon a showing of a possible incapacity or
conduct or activities that would constitute grounds
for discipline under this Act, compel any applicant to
submit to a mental or physical examination and
evaluation, or both, as provided for in Section 22 of
this Act. The Medical Board may condition or restrict
any license, subject to the same terms and conditions
as are provided for the Medical Board under Section 22
of this Act. Any such condition of a restricted
license shall provide that the Chief Medical
Coordinator or Deputy Medical Coordinator shall have
the authority to review the subject physician's

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compliance with such conditions or restrictions,
including, where appropriate, the physician's record
of treatment and counseling regarding the impairment,
to the extent permitted by applicable federal statutes
and regulations safeguarding the confidentiality of
medical records of patients. The Medical Board, in
determining mental capacity, shall consider the latest
recommendations of the Federation of State Medical
Boards.
In determining professional capacity under this
Section, an individual may be required to complete such
additional testing, training, or remedial education as the
Medical Board may deem necessary in order to establish the
applicant's present capacity to practice medicine with
reasonable judgment, skill, and safety. The Medical Board
may consider the following criteria, as they relate to an
applicant, as part of its determination of professional
capacity:
(1) Medical research in an established research
facility, hospital, college or university, or private
corporation.
(2) Specialized training or education.
(3) Publication of original work in learned,
medical, or scientific journals.
(4) Participation in federal, State, local, or
international public health programs or organizations.

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(5) Professional service in a federal veterans or
military institution.
(5.5) Successful completion of a re-entry course.
(6) Any other professional activities deemed to
maintain and enhance the clinical capabilities of the
applicant.
Any applicant applying for a license to practice
medicine in all of its branches or for a license as a
chiropractic physician who has not been engaged in the
active practice of medicine or has not been enrolled in a
medical program for 2 years prior to application must
submit proof of professional capacity to the Medical
Board.
Any applicant applying for a temporary license that
has not been engaged in the active practice of medicine or
has not been enrolled in a medical program for longer than
5 years prior to application must submit proof of
professional capacity to the Medical Board.
(C) Designate specifically the name, location, and
kind of professional school, college, or institution of
which the applicant is a graduate and the category under
which the applicant seeks, and will undertake, to
practice.
(D) Pay to the Department at the time of application
the required fees.
(E) Pursuant to Department rules, as required, pass an

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examination authorized by the Department to determine the
applicant's fitness to receive a license.
(F) Complete the application process within 3 years
from the date of application. If the process has not been
completed within 3 years, the application shall expire,
application fees shall be forfeited, and the applicant
must reapply and meet the requirements in effect at the
time of reapplication.
(Source: P.A. 102-20, eff. 1-1-22; 103-442, eff. 1-1-24.)
(225 ILCS 60/9.3)
(Section scheduled to be repealed on January 1, 2027)
Sec. 9.3. Withdrawal of application. Any applicant
applying for a license or permit under this Act may withdraw
the applicant's his or her application at any time. If an
applicant withdraws the applicant's his or her application
after receipt of a written Notice of Intent to Deny License or
Permit, then the withdrawal shall be reported to the
Federation of State Medical Boards.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/9.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 9.5. Social Security Number or individual taxpayer
identification number on license application. In addition to
any other information required to be contained in the

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application, every application for an original license under
this Act shall include the applicant's Social Security Number
or individual taxpayer identification number , which shall be
retained in the agency's records pertaining to the license. As
soon as practical, the Department shall assign a customer's
identification number to each applicant for a license.
Every application for a renewal or reinstated license
shall require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12; 98-1140, eff. 12-30-14.)
(225 ILCS 60/9.7)
(Section scheduled to be repealed on January 1, 2027)
Sec. 9.7. Criminal history records background check. Each
applicant for licensure or permit under Sections 9, 15.5, 18,
and 19 shall have the applicant's his or her fingerprints
submitted to the Illinois State Police in an electronic format
that complies with the form and manner for requesting and
furnishing criminal history record information as prescribed
by the Illinois State Police. These fingerprints shall be
checked against the Illinois State Police and Federal Bureau
of Investigation criminal history record databases now and
hereafter filed. The Illinois State Police shall charge
applicants a fee for conducting the criminal history records
check, which shall be deposited into the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Illinois State Police shall furnish, pursuant to positive

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identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
Department designated or approved vendor. The Department, in
its discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide the
applicant's his or her fingerprints in an alternative manner.
The Department may adopt any rules necessary to implement this
Section.
(Source: P.A. 102-538, eff. 8-20-21.)
(225 ILCS 60/11) (from Ch. 111, par. 4400-11)
(Section scheduled to be repealed on January 1, 2027)
Sec. 11. Minimum education standards. The minimum
standards of professional education to be enforced by the
Department in conducting examinations and issuing licenses
shall be as follows:
(A) Practice of medicine. For the practice of medicine
in all of its branches:
(1) For applications for licensure under
subsection (D) of Section 19 of this Act:
(a) that the applicant is a graduate of a
medical or osteopathic college in the United
States or , its territories and or Canada, that the
applicant has completed a 2-year 2 year course of
instruction in a college of liberal arts, or its

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equivalent, and a course of instruction in a
medical or osteopathic college approved by the
Department or by a private, not-for-profit not for
profit accrediting body approved by the
Department, and in addition thereto, a course of
postgraduate clinical training of not less than 12
months as approved by the Department; or
(b) that the applicant is a graduate of a
medical or osteopathic college located outside the
United States or , its territories or Canada, and
that the degree conferred is officially recognized
by the country for the purposes of licensure, that
the applicant has completed a 2-year 2 year course
of instruction in a college of liberal arts or its
equivalent, and a course of instruction in a
medical or osteopathic college approved by the
Department, which course shall have been not less
than 132 weeks in duration and shall have been
completed within a period of not less than 35
months, and, in addition thereto, has completed a
course of postgraduate clinical training of not
less than 12 months, as approved by the
Department, and has complied with any other
standards established by rule.
For the purposes of this subparagraph (b) an
applicant is considered to be a graduate of a

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medical college if the degree which is conferred
is officially recognized by that country for the
purposes of receiving a license to practice
medicine in all of its branches or a document is
granted by the medical college which certifies the
completion of all formal training requirements
including any internship and social service; or
(c) that the applicant has studied medicine at
a medical or osteopathic college located outside
the United States or , its territories and , or
Canada, that the applicant has completed a 2-year
2 year course of instruction in a college of
liberal arts or its equivalent and all of the
formal requirements of a foreign medical school
except internship and social service, which course
shall have been not less than 132 weeks in
duration and shall have been completed within a
period of not less than 35 months; that the
applicant has submitted an application to a
medical college accredited by the Liaison
Committee on Medical Education and submitted to
such evaluation procedures, including use of
nationally recognized medical student tests or
tests devised by the individual medical college,
and that the applicant has satisfactorily
completed one academic year of supervised clinical

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training under the direction of such medical
college; and, in addition thereto has completed a
course of postgraduate clinical training of not
less than 12 months, as approved by the
Department, and has complied with any other
standards established by rule.
(d) Any clinical clerkship clerkships must
have been completed in compliance with Section
10.3 of the Hospital Licensing Act, as amended.
(2) Effective January 1, 1988, for applications
for licensure made subsequent to January 1, 1988,
under Sections 9 or 17 of this Act by individuals not
described in paragraph (3) of subsection (A) of
Section 11 who graduated after December 31, 1984:
(a) that the applicant: (i) graduated from a
medical or osteopathic college officially
recognized by the jurisdiction in which it is
located for the purpose of receiving a license to
practice medicine in all of its branches, and the
applicant has completed, as defined by the
Department, a 6-year 6 year postsecondary course
of study comprising at least 2 academic years of
study in the basic medical sciences; and 2
academic years of study in the clinical sciences,
while enrolled in the medical college which
conferred the degree, the core rotations of which

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must have been completed in clinical teaching
facilities owned, operated or formally affiliated
with the medical college which conferred the
degree, or under contract in teaching facilities
owned, operated or affiliated with another medical
college which is officially recognized by the
jurisdiction in which the medical school which
conferred the degree is located; or (ii) graduated
from a medical or osteopathic college accredited
by the Liaison Committee on Medical Education, the
Committee on Accreditation of Canadian Medical
Schools in conjunction with the Liaison Committee
on Medical Education, or the Bureau of
Professional Education of the American Osteopathic
Association; and, (iii) in addition thereto, has
completed 24 months of postgraduate clinical
training, as approved by the Department; or
(b) that the applicant has studied medicine at
a medical or osteopathic college located outside
the United States or , its territories and , or
Canada, that the applicant, in addition to
satisfying the requirements of subparagraph (a),
except for the awarding of a degree, has completed
all of the formal requirements of a foreign
medical school except internship and social
service and has submitted an application to a

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medical college accredited by the Liaison
Committee on Medical Education and submitted to
such evaluation procedures, including use of
nationally recognized medical student tests or
tests devised by the individual medical college,
and that the applicant has satisfactorily
completed one academic year of supervised clinical
training under the direction of such medical
college; and, in addition thereto, has completed
24 months of postgraduate clinical training, as
approved by the Department, and has complied with
any other standards established by rule.
(3) (Blank).
(4) Any person granted a temporary license
pursuant to Section 17 of this Act who shall
satisfactorily complete a course of postgraduate
clinical training and meet all of the requirements for
licensure shall be granted a permanent license
pursuant to Section 9.
(5) Notwithstanding any other provision of this
Section an individual holding a temporary license
under Section 17 of this Act shall be required to
satisfy the undergraduate medical and post-graduate
clinical training educational requirements in effect
on the date of their application for a temporary
license, provided they apply for a license under

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Section 9 of this Act and satisfy all other
requirements of this Section while their temporary
license is in effect.
(B) Treating human ailments without drugs and without
operative surgery. For the practice of treating human
ailments without the use of drugs and without operative
surgery:
(1) For an applicant who was a resident student
and who is a graduate after July 1, 1926, of a
chiropractic college or institution, that such school,
college or institution, at the time of the applicant's
graduation required as a prerequisite to admission
thereto a 4-year 4 year course of instruction in a high
school, and, as a prerequisite to graduation
therefrom, a course of instruction in the treatment of
human ailments, of not less than 132 weeks in duration
and which shall have been completed within a period of
not less than 35 months except that as to students
matriculating or entering upon a course of
chiropractic study during the years 1940, 1941, 1942,
1943, 1944, 1945, 1946, and 1947, such elapsed time
shall be not less than 32 months, such high school and
such school, college or institution having been
reputable and in good standing in the judgment of the
Department.
(2) For an applicant who is a matriculant in a

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chiropractic college after September 1, 1969, that
such applicant shall be required to complete a 2-year
2 year course of instruction in a liberal arts college
or its equivalent and a course of instruction in a
chiropractic college in the treatment of human
ailments, such course, as a prerequisite to graduation
therefrom, having been not less than 132 weeks in
duration and shall have been completed within a period
of not less than 35 months, such college of liberal
arts and chiropractic college having been reputable
and in good standing in the judgment of the
Department.
(3) For an applicant who is a graduate of a United
States chiropractic college after August 19, 1981, the
college of the applicant must be fully accredited by
the Commission on Accreditation of the Council on
Chiropractic Education or its successor at the time of
graduation. Such graduates shall be considered to have
met the minimum requirements which shall be in
addition to those requirements set forth in the rules
and regulations promulgated by the Department.
(4) For an applicant who is a graduate of a
chiropractic college in another country; that such
chiropractic college be equivalent to the standards of
education as set forth for chiropractic colleges
located in the United States.

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(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/15) (from Ch. 111, par. 4400-15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Chiropractic physician; license for general
practice. Any chiropractic physician licensed under this Act
shall be permitted to take the examination for licensure as a
physician to practice medicine in all its branches and shall
receive a license to practice medicine in all of its branches
if the chiropractic physician he or she shall successfully
pass such examination, upon proof of having successfully
completed in a medical college, osteopathic college or
chiropractic college reputable and in good standing in the
judgment of the Department, courses of instruction in materia
medica, therapeutics, surgery, obstetrics, and theory and
practice deemed by the Department to be equal to the courses of
instruction required in those subjects for admission to the
examination for a license to practice medicine in all of its
branches, together with proof of having completed (a) the
2-year 2 year course of instruction in a college of liberal
arts, or its equivalent, required under this Act, and (b) a
course of postgraduate clinical training of not less than 24
months as approved by the Department.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/17) (from Ch. 111, par. 4400-17)

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(Section scheduled to be repealed on January 1, 2027)
Sec. 17. Temporary license. Persons holding the degree of
Doctor of Medicine, persons holding the degree of Doctor of
Osteopathy or Doctor of Osteopathic Medicine, and persons
holding the degree of Doctor of Chiropractic or persons who
have satisfied the requirements therefor and are eligible to
receive such degree from a medical, osteopathic, or
chiropractic school, who wish to pursue programs of graduate
or specialty training in this State, may receive without
examination, in the discretion of the Department, a 3-year
temporary license. In order to receive a 3-year temporary
license hereunder, an applicant shall submit evidence
satisfactory to the Department that the applicant:
(A) Is of good moral character. In determining moral
character under this Section, the Department may take into
consideration whether the applicant has engaged in conduct
or activities which would constitute grounds for
discipline under this Act. The Department may also request
the applicant to submit, and may consider as evidence of
moral character, endorsements from 2 or 3 individuals
licensed under this Act;
(B) Has been accepted or appointed for specialty or
residency training by a hospital situated in this State or
a training program in hospitals or facilities maintained
by the State of Illinois or affiliated training facilities
which is approved by the Department for the purpose of

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such training under this Act. The applicant shall indicate
the beginning and ending dates of the period for which the
applicant has been accepted or appointed;
(C) Has or will satisfy the professional education
requirements of Section 11 of this Act which are effective
at the date of application except for postgraduate
clinical training;
(D) Is physically, mentally, and professionally
capable of practicing medicine or treating human ailments
without the use of drugs and without operative surgery
with reasonable judgment, skill, and safety. In
determining physical, mental and professional capacity
under this Section, the Medical Board may, upon a showing
of a possible incapacity, compel an applicant to submit to
a mental or physical examination and evaluation, or both,
and may condition or restrict any temporary license,
subject to the same terms and conditions as are provided
for the Medical Board under Section 22 of this Act. Any
such condition of restricted temporary license shall
provide that the Chief Medical Coordinator or Deputy
Medical Coordinator shall have the authority to review the
subject physician's compliance with such conditions or
restrictions, including, where appropriate, the
physician's record of treatment and counseling regarding
the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the

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confidentiality of medical records of patients.
Three-year temporary licenses issued pursuant to this
Section shall be valid only for the period of time designated
therein, and may be extended or renewed pursuant to the rules
of the Department, and if a temporary license is thereafter
extended, it shall not extend beyond completion of the
residency program. The holder of a valid 3-year temporary
license shall be entitled thereby to perform only such acts as
may be prescribed by and incidental to the holder's his or her
program of residency training; the holder he or she shall not
be entitled to otherwise engage in the practice of medicine in
this State unless fully licensed in this State.
A 3-year temporary license may be revoked or suspended by
the Department upon proof that the holder thereof has engaged
in the practice of medicine in this State outside of the
program of the holder's his or her residency or specialty
training, or if the holder shall fail to supply the
Department, within 10 days of its request, with information as
to the holder's his or her current status and activities in his
or her specialty training program. Such a revocation or
suspension shall comply with the procedures set forth in
subsection (d) of Section 37 of this Act.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/18) (from Ch. 111, par. 4400-18)
(Section scheduled to be repealed on January 1, 2027)

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Sec. 18. Visiting professor, physician, or resident
permits.
(A) Visiting professor permit.
(1) A visiting professor permit shall entitle a person
to practice medicine in all of its branches or to practice
the treatment of human ailments without the use of drugs
and without operative surgery provided:
(a) the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human
ailments without the use of drugs and without
operative surgery in good standing in the person's his
or her native licensing jurisdiction during the period
of the visiting professor permit;
(b) the person has received a faculty appointment
to teach in a medical, osteopathic, or chiropractic
school in Illinois; and
(c) the Department may prescribe the information
necessary to establish an applicant's eligibility for
a permit. This information shall include, without
limitation: (i) a statement from the dean of the
medical school at which the applicant will be employed
describing the applicant's qualifications and (ii) a
statement from the dean of the medical school listing
every affiliated institution in which the applicant
will be providing instruction as part of the medical

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school's education program and justifying any clinical
activities at each of the institutions listed by the
dean.
(2) Application for visiting professor permits shall
be made to the Department, in writing, on forms prescribed
by the Department and shall be accompanied by the required
fee established by rule, which shall not be refundable.
Any application shall require the information as, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A visiting professor permit shall be valid for no
longer than 2 years from the date of issuance or until the
time the faculty appointment is terminated, whichever
occurs first, and may be renewed only in accordance with
subdivision (A)(6) of this Section.
(4) The applicant may be required to appear before the
Medical Board for an interview prior to, and as a
requirement for, the issuance of the original permit and
the renewal.
(5) Persons holding a permit under this Section shall
only practice medicine in all of its branches or practice
the treatment of human ailments without the use of drugs
and without operative surgery in the State of Illinois in
their official capacity under their contract within the
medical school itself and any affiliated institution in
which the permit holder is providing instruction as part

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of the medical school's educational program and for which
the medical school has assumed direct responsibility.
(6) After the initial renewal of a visiting professor
permit, a visiting professor permit shall be valid until
the last day of the next physician license renewal period,
as set by rule, and may only be renewed for applicants who
meet the following requirements:
(i) have obtained the required continuing
education hours as set by rule; and
(ii) have paid the fee prescribed for a license
under Section 21 of this Act.
For initial renewal, the visiting professor must
successfully pass a general competency examination authorized
by the Department by rule, unless the visiting professor he or
she was issued an initial visiting professor permit on or
after January 1, 2007, but prior to July 1, 2007.
(B) Visiting physician permit.
(1) The Department may, in its discretion, issue a
temporary visiting physician permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human
ailments without the use of drugs and without
operative surgery in good standing in the person's his

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or her native licensing jurisdiction during the period
of the temporary visiting physician permit;
(c) that the person has received an invitation or
appointment to study, demonstrate, or perform a
specific medical, osteopathic, chiropractic, or
clinical subject or technique in a medical,
osteopathic, or chiropractic school, a state or
national medical, osteopathic, or chiropractic
professional association or society conference or
meeting, a hospital licensed under the Hospital
Licensing Act, a hospital organized under the
University of Illinois Hospital Act, or a facility
operated pursuant to the Ambulatory Surgical Treatment
Center Act; and
(d) that the temporary visiting physician permit
shall only permit the holder to practice medicine in
all of its branches or practice the treatment of human
ailments without the use of drugs and without
operative surgery within the scope of the medical,
osteopathic, chiropractic, or clinical studies, or in
conjunction with the state or national medical,
osteopathic, or chiropractic professional association
or society conference or meeting, for which the holder
was invited or appointed.
(2) The application for the temporary visiting
physician permit shall be made to the Department, in

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writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule,
which shall not be refundable. The application shall
require information that, in the judgment of the
Department, will enable the Department to pass on the
qualification of the applicant, and the necessity for the
granting of a temporary visiting physician permit.
(3) A temporary visiting physician permit shall be
valid for no longer than (i) 180 days from the date of
issuance or (ii) until the time the medical, osteopathic,
chiropractic, or clinical studies are completed, or the
state or national medical, osteopathic, or chiropractic
professional association or society conference or meeting
has concluded, whichever occurs first. The temporary
visiting physician permit may be issued multiple times to
a visiting physician under this paragraph (3) as long as
the total number of days it is active does not exceed 180
days within a 365-day period.
(4) The applicant for a temporary visiting physician
permit may be required to appear before the Medical Board
for an interview prior to, and as a requirement for, the
issuance of a temporary visiting physician permit.
(5) A limited temporary visiting physician permit
shall be issued to a physician licensed in another state
who has been requested to perform emergency procedures in
Illinois if the physician he or she meets the requirements

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as established by rule.
(C) Visiting resident permit.
(1) The Department may, in its discretion, issue a
temporary visiting resident permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human
ailments without the use of drugs and without
operative surgery in good standing in the person's his
or her native licensing jurisdiction during the period
of the temporary visiting resident permit;
(c) that the applicant is enrolled in a
postgraduate clinical training program outside the
State of Illinois that is approved by the Department;
(d) that the individual has been invited or
appointed for a specific period of time to perform a
portion of that post graduate clinical training
program under the supervision of an Illinois licensed
physician in an Illinois patient care clinic or
facility that is affiliated with the out-of-State post
graduate training program; and
(e) that the temporary visiting resident permit
shall only permit the holder to practice medicine in
all of its branches or practice the treatment of human

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ailments without the use of drugs and without
operative surgery within the scope of the medical,
osteopathic, chiropractic, or clinical studies for
which the holder was invited or appointed.
(2) The application for the temporary visiting
resident permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule.
The application shall require information that, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A temporary visiting resident permit shall be
valid for 180 days from the date of issuance or until the
time the medical, osteopathic, chiropractic, or clinical
studies are completed, whichever occurs first.
(4) The applicant for a temporary visiting resident
permit may be required to appear before the Medical Board
for an interview prior to, and as a requirement for, the
issuance of a temporary visiting resident permit.
(D) Postgraduate training exemption period; visiting
rotations. A person may participate in visiting rotations in
an approved postgraduate training program, not to exceed a
total of 90 days for all rotations, if the following
information is submitted in writing or electronically to the
Department by the patient care clinics or facilities where the
person will be performing the training or by an affiliated

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program:
(1) The person who has been invited or appointed to
perform a portion of their postgraduate clinical training
program in Illinois.
(2) The name and address of the primary patient care
clinic or facility, the date the training is to begin, and
the length of time of the invitation or appointment.
(3) The name and license number of the Illinois
physician who will be responsible for supervising the
trainee and the medical director or division director of
the department or facility.
(4) Certification from the postgraduate training
program that the person is approved and enrolled in a
graduate training program approved by the Department in
their home state.
(Source: P.A. 103-551, eff. 8-11-23; 104-417, eff. 8-15-25.)
(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
(Section scheduled to be repealed on January 1, 2027)
Sec. 21. License renewal; reinstatement; inactive status;
disposition and collection of fees.
(A) Renewal. The expiration date and renewal period for
each license issued under this Act shall be set by rule. The
holder of a license may renew the license by paying the
required fee. The holder of a license may also renew the
license within 90 days after its expiration by complying with

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the requirements for renewal and payment of an additional fee.
A license renewal within 90 days after expiration shall be
effective retroactively to the expiration date.
The Department shall attempt to provide through electronic
means to each licensee under this Act, at least 60 days in
advance of the expiration date of the his or her license, a
renewal notice. No such license shall be deemed to have lapsed
until 90 days after the expiration date and after the
Department has attempted to provide such notice as herein
provided.
(B) Reinstatement. Any licensee who has permitted the
licensee's his or her license to lapse or who has had the
licensee's his or her license on inactive status may have the
licensee's his or her license reinstated by making application
to the Department and filing proof acceptable to the
Department of the licensee's his or her fitness to have the
license reinstated, including evidence certifying to active
practice in another jurisdiction satisfactory to the
Department, proof of meeting the continuing education
requirements for one renewal period, and by paying the
required reinstatement fee.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, the
Medical Board shall determine, by an evaluation program
established by rule, the applicant's fitness to resume active
status and may require the licensee to complete a period of

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evaluated clinical experience and may require successful
completion of a practical examination specified by the Medical
Board.
However, any registrant whose license has expired while
the registrant he or she has been engaged (a) in Federal
Service on active duty with the Army of the United States, the
United States Navy, the Marine Corps, the Air Force, the Coast
Guard, the Public Health Service or the State Militia called
into the service or training of the United States of America,
or (b) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have the registrant's his or her license
reinstated without paying any lapsed renewal fees, if within 2
years after honorable termination of such service, training,
or education, the registrant he or she furnishes to the
Department with satisfactory evidence to the effect that the
registrant he or she has been so engaged and that the
registrant's his or her service, training, or education has
been so terminated.
(C) Inactive licenses. Any licensee who notifies the
Department, in writing on forms prescribed by the Department,
may elect to place the licensee's his or her license on an
inactive status and shall, subject to rules of the Department,
be excused from payment of renewal fees until the licensee he
or she notifies the Department in writing of his or her desire
to resume active status.

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Any licensee requesting reinstatement from inactive status
shall be required to pay the current renewal fee, provide
proof of meeting the continuing education requirements for the
period of time the license is inactive not to exceed one
renewal period, and shall be required to reinstate the
licensee's his or her license as provided in subsection (B).
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(D) Disposition of monies collected. All monies collected
under this Act by the Department shall be deposited into in the
Illinois State Medical Disciplinary Fund in the State treasury
Treasury, and used only for the following purposes: (a) by the
Medical Board in the exercise of its powers and performance of
its duties, as such use is made by the Department with full
consideration of all recommendations of the Medical Board, (b)
for costs directly related to persons licensed under this Act,
and (c) for direct and allocable indirect costs related to the
public purposes of the Department.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
All earnings received from investment of monies in the
Illinois State Medical Disciplinary Fund shall be deposited
into in the Illinois State Medical Disciplinary Fund and shall
be used for the same purposes as fees deposited into in such

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Fund.
(E) Fees. The following fees are nonrefundable.
(1) Applicants for any examination shall be required
to pay, either to the Department or to the designated
testing service, a fee covering the cost of determining
the applicant's eligibility and providing the examination.
Failure to appear for the examination on the scheduled
date, at the time and place specified, after the
applicant's application for examination has been received
and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the
examination fee.
(2) Before July 1, 2018, the fee for a license under
Section 9 of this Act is $700. Beginning on July 1, 2018,
the fee for a license under Section 9 of this Act is $500.
(3) Before July 1, 2018, the fee for a license under
Section 19 of this Act is $700. Beginning on July 1, 2018,
the fee for a license under Section 19 of this Act is $500.
(4) Before July 1, 2018, the fee for the renewal of a
license for a resident of Illinois shall be calculated at
the rate of $230 per year, and beginning on July 1, 2018
and until January 1, 2020, the fee for the renewal of a
license shall be $167, except for licensees who were
issued a license within 12 months of the expiration date
of the license, before July 1, 2018, the fee for the
renewal shall be $230, and beginning on July 1, 2018 and

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until January 1, 2020 that fee will be $167. Before July 1,
2018, the fee for the renewal of a license for a
nonresident shall be calculated at the rate of $460 per
year, and beginning on July 1, 2018 and until January 1,
2020, the fee for the renewal of a license for a
nonresident shall be $250, except for licensees who were
issued a license within 12 months of the expiration date
of the license, before July 1, 2018, the fee for the
renewal shall be $460, and beginning on July 1, 2018 and
until January 1, 2020 that fee will be $250. Beginning on
January 1, 2020, the fee for renewal of a license for a
resident or nonresident is $181 per year.
(5) The fee for the reinstatement of a license other
than from inactive status, is $230. In addition, payment
of all lapsed renewal fees not to exceed $1,400 is
required.
(6) The fee for a 3-year temporary license under
Section 17 is $230.
(7) The fee for the issuance of a license with a change
of name or address other than during the renewal period is
$20. No fee is required for name and address changes on
Department records when no updated license is issued.
(8) The fee to be paid for a license record for any
purpose is $20.
(9) The fee to be paid to have the scoring of an
examination, administered by the Department, reviewed and

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verified, is $20 plus any fees charged by the applicable
testing service.
(F) Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act for unlicensed practice or practice on a nonrenewed
license. The Department shall notify the person that payment
of fees and fines shall be paid to the Department by certified
check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or permit or deny the application,
without hearing. If, after termination or denial, the person
seeks a license or permit, the person he or she shall apply to
the Department for reinstatement or issuance of the license or
permit and pay all fees and fines due to the Department. The
Department may establish a fee for the processing of an
application for reinstatement of a license or permit to pay
all expenses of processing this application. The Secretary may
waive the fines due under this Section in individual cases
where the Secretary finds that the fines would be unreasonable
or unnecessarily burdensome.

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(Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20;
102-20, eff. 1-1-22.)
(225 ILCS 60/22)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing
fines not to exceed $10,000 for each violation, upon any of the
following grounds:
(1) (Blank).
(2) (Blank).
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(6) Obtaining any fee by fraud, deceit, or

HB5387 Enrolled - 158 - LRB104 18003 AAS 31440 b
misrepresentation.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances which results in the inability to
practice with reasonable judgment, skill, or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine, or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor

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of chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action
of the Secretary, after consideration of the
recommendation of the Medical Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Board that the
registrant after having the registrant's his or her
license placed on probationary status or subjected to
conditions or restrictions violated the terms of the
probation or failed to comply with such terms or
conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving, or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking, or agreeing to cure or

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treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for
any human condition by a method, means, or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act,
including, but not limited to, commission of an act of
sexual misconduct or sexual harassment related to the
licensee's practice. For the purpose of this paragraph
(20), "sexual harassment" means unwelcome sexual advances,
requests for sexual favors, or other verbal, physical, or
nonverbal conduct of a sexual nature.
(21) Willfully making or filing false records or
reports in the person's his or her practice as a
physician, including, but not limited to, false records to
support claims against the medical assistance program of
the Department of Healthcare and Family Services (formerly
Department of Public Aid) under the Illinois Public Aid
Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or willfully failing to report an
instance of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services

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

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under this Act with reasonable judgment, skill, or safety.
(29) Cheating on or attempting to subvert the
licensing examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating State or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any
peer review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of

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a license or authorization to practice as a medical
doctor, a doctor of osteopathy, a doctor of osteopathic
medicine, or doctor of chiropractic in another state or
jurisdiction, or surrender of membership on any medical
staff or in any medical or professional association or
society, while under disciplinary investigation by any of
those authorities or bodies, for acts or conduct similar
to acts or conduct which would constitute grounds for
action as defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or
conduct which would constitute grounds for action as
defined in this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, or its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) (Blank).
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.

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(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician

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assistants resulting in an inability to adequately
collaborate.
(50) Repeated failure to adequately collaborate with a
physician assistant.
All proceedings to take disciplinary action as the
Department may deem proper, with regard to a license, must be
commenced within 5 years after the date of the Department's
receipt of a complaint alleging the commission of or notice of
a conviction order for any of the violations described herein.
Ground number (26) is exempt from this 5-year limitation. No
action shall be commenced more than 10 years after the date of
the incident or act alleged to have violated this Section.
Ground numbers (8), (9), (26), and (29) are exempt from this
10-year limitation. Except for actions involving the ground
numbered (26), all proceedings to suspend, revoke, place on
probationary status, or take any other disciplinary action as
the Department may deem proper, with regard to a license on any
of the foregoing grounds, must be commenced within 5 years
next after receipt by the Department of a complaint alleging
the commission of or notice of the conviction order for any of
the acts described herein. Except for the grounds numbered
(8), (9), (26), and (29), no action shall be commenced more
than 10 years after the date of the incident or act alleged to
have violated this Section. For actions involving the ground
numbered (26), a pattern of practice or other behavior
includes all incidents alleged to be part of the pattern of

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practice or other behavior that occurred, or a report pursuant
to Section 23 of this Act received, within the 10-year period
preceding the filing of the complaint. In the event of the
settlement of any claim or cause of action in favor of the
claimant or the reduction to final judgment of any civil
action in favor of the plaintiff, such claim, cause of action,
or civil action being grounded on the allegation that a person
licensed under this Act was negligent in providing care, the
Department shall be exempt from the 10-year limitation and
shall have 5 years from receipt of the report have an
additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
practice only upon the entry of a Departmental order based
upon a finding by the Medical Board that the person has been
determined to be recovered from mental illness by the court
and upon the Medical Board's recommendation that the person be

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permitted to resume his or her practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined
by the Illinois Department of Revenue.
The Department, upon the recommendation of the Medical
Board, shall adopt rules which set forth standards to be used
in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of
an act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.

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In enforcing this Section, the Medical Board, upon a
showing of a possible violation, may compel any individual who
is licensed to practice under this Act or holds a permit to
practice under this Act, or any individual who has applied for
licensure or a permit pursuant to this Act, to submit to a
mental or physical examination and evaluation, or both, which
may include a substance abuse or sexual offender evaluation,
as required by the Medical Board and at the expense of the
Department. The Medical Board shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led
by a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological

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testing. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to provide to the Department or the Medical Board any and
all records, including business records, that relate to the
examination and evaluation, including any supplemental testing
performed. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at the individual's his or
her own expense, another physician of the individual's his or
her choice present during all aspects of the examination.
Failure of any individual to submit to mental or physical

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examination and evaluation, or both, when directed, shall
result in an automatic suspension, without hearing, until such
time as the individual submits to the examination. If the
Medical Board finds a physician unable to practice following
an examination and evaluation because of the reasons set forth
in this Section, the Medical Board shall require such
physician to submit to care, counseling, or treatment by
physicians, or other health care professionals, approved or
designated by the Medical Board, as a condition for issued,
continued, reinstated, or renewed licensure to practice. Any
physician, whose license was granted pursuant to Section 9,
17, or 19 of this Act, or, continued, reinstated, renewed,
disciplined, or supervised, subject to such terms, conditions,
or restrictions who shall fail to comply with such terms,
conditions, or restrictions, or to complete a required program
of care, counseling, or treatment, as determined by the Chief
Medical Coordinator or Deputy Medical Coordinators, shall be
referred to the Secretary for a determination as to whether
the licensee shall have the licensee's his or her license
suspended immediately, pending a hearing by the Medical Board.
In instances in which the Secretary immediately suspends a
license under this Section, a hearing upon such person's
license must be convened by the Medical Board within 15 days
after such suspension and completed without appreciable delay.
The Medical Board shall have the authority to review the
subject physician's record of treatment and counseling

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regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to
the Medical Board that the individual he or she can resume
practice in compliance with acceptable and prevailing
standards under the provisions of the individual's his or her
license.
The Medical Board, in determining mental capacity of an
individual licensed under this Act, shall consider the latest
recommendations of the Federation of State Medical Boards.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited into in the
Illinois State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine of a chiropractic

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physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this
subsection (B) shall be prohibited from practicing medicine or
treating human ailments without the use of drugs and without
operative surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against a
person's authorization to practice under this Act:
(1) based solely upon the recommendation of the person
to an eligible patient regarding, or prescription for, or
treatment with, an investigational drug, biological
product, or device;
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics;
(3) based solely upon the person providing,
authorizing, recommending, aiding, assisting, referring
for, or otherwise participating in any health care
service, so long as the care was not unlawful under the
laws of this State, regardless of whether the patient was

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a resident of this State or another state; or
(4) based upon the person's license, registration, or
permit being revoked or suspended, or the person being
otherwise disciplined, by any other state if that
revocation, suspension, or other form of discipline was
based solely on the person violating another state's laws
prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for,
or participation in any health care service if that health
care service as provided would not have been unlawful
under the laws of this State and is consistent with the
applicable standard of conduct for the person practicing
in Illinois under this Act.
(D) (Blank).
(E) The conduct specified in subsection (C) shall not
trigger reporting requirements under Section 23, constitute
grounds for suspension under Section 25, or be included on the
physician's profile required under Section 10 of the Patients'
Right to Know Act.
(F) An applicant seeking licensure, certification, or
authorization pursuant to this Act and who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or

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authorization, unless the Department determines that the
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of the
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(G) The Department may adopt rules to implement,
administer, and enforce this Section Public Act 102-1117.
(Source: P.A. 103-442, eff. 1-1-24; 104-417, eff. 8-15-25;
104-432, eff. 1-1-26; revised 9-15-25.)
(225 ILCS 60/22.2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22.2. Prohibition against fee splitting.
(a) A licensee under this Act may not directly or
indirectly divide, share or split any professional fee or
other form of compensation for professional services with
anyone in exchange for a referral or otherwise, other than as
provided in this Section 22.2.
(b) Nothing contained in this Section abrogates the right
of 2 or more licensed health care workers as defined in the
Health Care Worker Self-referral Act to each receive adequate
compensation for concurrently rendering services to a patient
and to divide the fee for such service, provided that the
patient has full knowledge of the division and the division is

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made in proportion to the actual services personally performed
and responsibility assumed by each licensee consistent with
the licensee's his or her license, except as prohibited by
law.
(c) Nothing contained in this Section prohibits a licensee
under this Act from practicing medicine through or within any
form of legal entity authorized to conduct business in this
State or from pooling, sharing, dividing, or apportioning the
professional fees and other revenues in accordance with the
agreements and policies of the entity provided:
(1) each owner of the entity is licensed under this
Act;
(2) the entity is organized under the Medical
Corporation Act, the Professional Services Corporation
Act, the Professional Association Act, or the Professional
Limited Liability Company Act;
(3) the entity is allowed by Illinois law to provide
physician services or employ physicians such as a licensed
hospital or hospital affiliate or licensed ambulatory
surgical treatment center owned in full or in part by
Illinois-licensed physicians;
(4) the entity is a combination or joint venture of
the entities authorized under this subsection (c); or
(5) the entity is an Illinois not-for-profit not for
profit corporation that is recognized as exempt from the
payment of federal income taxes as an organization

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described in Section 501(c)(3) of the Internal Revenue
Code and all of its members are full-time faculty members
of a medical school that offers an a M.D. degree program
that is accredited by the Liaison Committee on Medical
Education and a program of graduate medical education that
is accredited by the Accreditation Council for Graduate
Medical Education.
(d) Nothing contained in this Section prohibits a licensee
under this Act from paying a fair market value fee to any
person or entity whose purpose is to perform billing,
administrative preparation, or collection services based upon
a percentage of professional service fees billed or collected,
a flat fee, or any other arrangement that directly or
indirectly divides professional fees, for the administrative
preparation of the licensee's claims or the collection of the
licensee's charges for professional services, provided that:
(i) the licensee or the licensee's practice under
subsection (c) of this Section at all times controls the
amount of fees charged and collected; and
(ii) all charges collected are paid directly to the
licensee or the licensee's practice or are deposited
directly into an account in the name of and under the sole
control of the licensee or the licensee's practice or
deposited into a "Trust Account" by a licensed collection
agency in accordance with the requirements of Section 8(c)
of the Illinois Collection Agency Act.

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(e) Nothing contained in this Section prohibits the
granting of a security interest in the accounts receivable or
fees of a licensee under this Act or the licensee's practice
for bona fide advances made to the licensee or licensee's
practice provided the licensee retains control and
responsibility for the collection of the accounts receivable
and fees.
(f) Excluding payments that may be made to the owners of or
licensees in the licensee's practice under subsection (c), a
licensee under this Act may not divide, share or split a
professional service fee with, or otherwise directly or
indirectly pay a percentage of the licensee's professional
service fees, revenues or profits to anyone for: (i) the
marketing or management of the licensee's practice, (ii)
including the licensee or the licensee's practice on any
preferred provider list, (iii) allowing the licensee to
participate in any network of health care providers, (iv)
negotiating fees, charges or terms of service or payment on
behalf of the licensee, or (v) including the licensee in a
program whereby patients or beneficiaries are provided an
incentive to use the services of the licensee.
(g) A violation of any of the provisions of this Section
constitutes an unlawful practice under the Consumer Fraud and
Deceptive Business Practices Act. All remedies, penalties, and
authority granted to the Attorney General by the Consumer
Fraud and Deceptive Business Practices Act shall be available

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to him or her for the enforcement of this Section. This
subsection does not apply to hospitals and hospital affiliates
licensed in Illinois.
(Source: P.A. 100-1058, eff. 1-1-19.)
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.
(1) Health care institutions. The chief administrator
or executive officer of any health care institution
licensed by the Illinois Department of Public Health shall
report to the Medical Board when any person's clinical
privileges are terminated or are restricted based on a
final determination made in accordance with that
institution's by-laws or rules and regulations that a
person has either committed an act or acts which may
directly threaten patient care or that a person may have a
mental or physical disability that may endanger patients
under that person's care. Such officer also shall report
if a person accepts voluntary termination or restriction
of clinical privileges in lieu of formal action based upon
conduct related directly to patient care or in lieu of
formal action seeking to determine whether a person may
have a mental or physical disability that may endanger

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patients under that person's care. The Medical Board
shall, by rule, provide for the reporting to it by health
care institutions of all instances in which a person,
licensed under this Act, who is impaired by reason of age,
drug or alcohol abuse, or physical or mental impairment,
is under supervision and, where appropriate, is in a
program of rehabilitation. Such reports shall be strictly
confidential and may be reviewed and considered only by
the members of the Medical Board, or by authorized staff
as provided by rules of the Medical Board. Provisions
shall be made for the periodic report of the status of any
such person not less than twice annually in order that the
Medical Board shall have current information upon which to
determine the status of any such person. Such initial and
periodic reports of impaired physicians shall not be
considered records within the meaning of the State Records
Act and shall be disposed of, following a determination by
the Medical Board that such reports are no longer
required, in a manner and at such time as the Medical Board
shall determine by rule. The filing of such reports shall
be construed as the filing of a report for purposes of
subsection (C) of this Section. Such health care
institution shall not take any adverse action, including,
but not limited to, restricting or terminating any
person's clinical privileges, as a result of an adverse
action against a person's license, registration, permit,

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or clinical privileges or other disciplinary action by
another state or health care institution that resulted
from the person's provision of, authorization of,
recommendation of, aiding or assistance with, referral
for, or participation in any health care service if the
adverse action was based solely on a violation of the
other state's law prohibiting the provision of such health
care and related services in the state or for a resident of
the state if that health care service would not have been
unlawful under the laws of this State and is consistent
with the applicable standard of conduct for a person
practicing in Illinois under this Act.
(1.5) Clinical training programs. The program director
of any post-graduate clinical training program shall
report to the Medical Board if a person engaged in a
post-graduate clinical training program at the
institution, including, but not limited to, a residency or
fellowship, separates from the program for any reason
prior to its conclusion. The program director shall
provide all documentation relating to the separation if,
after review of the report, the Medical Board determines
that a review of those documents is necessary to determine
whether a violation of this Act occurred.
(2) Professional associations. The President or chief
executive officer of any association or society, of
persons licensed under this Act, operating within this

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State shall report to the Medical Board when the
association or society renders a final determination that
a person has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability that may endanger patients under
that person's care.
(3) Professional liability insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other
entity which seeks to indemnify the professional liability
of a person licensed under this Act, shall report to the
Medical Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
which alleged negligence in the furnishing of medical care
by such licensed person when such settlement or final
judgment is in favor of the plaintiff. Such insurance
company shall not take any adverse action, including, but
not limited to, denial or revocation of coverage, or rate
increases, against a person authorized to practice under
this Act with respect to coverage for services provided in
the State if based solely on the person providing,
authorizing, recommending, aiding, assisting, referring
for, or otherwise participating in health care services in
this State in violation of another state's law, or a
revocation or other adverse action against the person's
license, registration, or permit in another state for

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violation of such law if that health care service as
provided would have been lawful and consistent with the
applicable standard of conduct for a person practicing in
Illinois under this Act. Notwithstanding this provision,
it is against public policy to require coverage for an
illegal action.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Medical Board, within 5 days,
any instances in which a person licensed under this Act is
convicted of any felony or Class A misdemeanor.
(5) State agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of the State of Illinois shall report to the Medical Board
any instance arising in connection with the operations of
such agency, including the administration of any law by
such agency, in which a person licensed under this Act has
either committed an act or acts which may be a violation of
this Act or which may constitute unprofessional conduct
related directly to patient care or which indicates that a
person licensed under this Act may have a mental or
physical disability that may endanger patients under that
person's care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
this Section 23 shall be submitted to the Medical Board in a
timely fashion. Unless otherwise provided in this Section, the

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reports shall be filed in writing within 60 days after a
determination that a report is required under this Act. All
reports shall contain the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any patient or
patients whose treatment is a subject of the report, if
available, or other means of identification if such
information is not available, identification of the
hospital or other health care facility where the care at
issue in the report was rendered, provided, however, no
medical records may be revealed.
(4) A brief description of the facts which gave rise
to the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the
report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of the
report.
The Medical Board or Department may also exercise the
power under Section 38 of this Act to subpoena copies of

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hospital or medical records in mandatory report cases alleging
death or permanent bodily injury. Appropriate rules shall be
adopted by the Department with the approval of the Medical
Board.
When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to, in any
way, waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Medical Board, the Medical
Coordinators, the Medical Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation or to a health
care licensing body or medical licensing authority of this
State or another state or jurisdiction pursuant to an official
request made by that licensing body or medical licensing
authority. Furthermore, information and documents disclosed to

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a federal, State, or local law enforcement agency may be used
by that agency only for the investigation and prosecution of a
criminal offense, or, in the case of disclosure to a health
care licensing body or medical licensing authority, only for
investigations and disciplinary action proceedings with regard
to a license. Information and documents disclosed to the
Department of Public Health may be used by that Department
only for investigation and disciplinary action regarding the
license of a health care institution licensed by the
Department of Public Health.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a willful wilful
and wanton manner, in complying with this Act by providing any
report or other information to the Medical Board or a peer
review committee, or assisting in the investigation or
preparation of such information, or by voluntarily reporting
to the Medical Board or a peer review committee information
regarding alleged errors or negligence by a person licensed
under this Act, or by participating in proceedings of the
Medical Board or a peer review committee, or by serving as a
member of the Medical Board or a peer review committee, shall
not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(D) Indemnification. Members of the Medical Board, the
Medical Coordinators, the Medical Board's attorneys, the
medical investigative staff, physicians retained under

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contract to assist and advise the medical coordinators in the
investigation, and authorized clerical staff shall be
indemnified by the State for any actions occurring within the
scope of services on the Medical Board, done in good faith and
not willful wilful and wanton in nature. The Attorney General
shall defend all such actions unless the Attorney General he
or she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful wilful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of the member's
his or her choice, whose fees shall be provided by the State,
after approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were willful wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Medical Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether the Attorney General he or she
will undertake to represent the member.
(E) Deliberations of Medical Board. Upon the receipt of
any report called for by this Act, other than those reports of
impaired persons licensed under this Act required pursuant to

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the rules of the Medical Board, the Medical Board shall notify
in writing, by mail or email, the person who is the subject of
the report. Such notification shall be made within 30 days of
receipt by the Medical Board of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The person who is the
subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the Medical
Board no more than 30 days after the date on which the person
was notified by the Medical Board of the existence of the
original report.
The Medical Board shall review all reports received by it,
together with any supporting information and responding
statements submitted by persons who are the subject of
reports. The review by the Medical Board shall be in a timely
manner but in no event, shall the Medical Board's initial
review of the material contained in each disciplinary file be
less than 61 days nor more than 180 days after the receipt of

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the initial report by the Medical Board.
When the Medical Board makes its initial review of the
materials contained within its disciplinary files, the Medical
Board shall, in writing, make a determination as to whether
there are sufficient facts to warrant further investigation or
action. Failure to make such determination within the time
provided shall be deemed to be a determination that there are
not sufficient facts to warrant further investigation or
action.
Should the Medical Board find that there are not
sufficient facts to warrant further investigation or action,
the report shall be accepted for filing and the matter shall be
deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Medical Board's decision
or request further investigation. The Secretary shall inform
the Medical Board of the decision to request further
investigation, including the specific reasons for the
decision. The individual or entity filing the original report
or complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Secretary of any
final action on their report or complaint. The Department
shall disclose to the individual or entity who filed the
original report or complaint, on request, the status of the
Medical Board's review of a specific report or complaint. Such
request may be made at any time, including prior to the Medical
Board's determination as to whether there are sufficient facts

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to warrant further investigation or action.
(F) Summary reports. The Medical Board shall prepare, on a
timely basis, but in no event less than once every other month,
a summary report of final disciplinary actions taken upon
disciplinary files maintained by the Medical Board. The
summary reports shall be made available to the public upon
request and payment of the fees set by the Department. This
publication may be made available to the public on the
Department's website. Information or documentation relating to
any disciplinary file that is closed without disciplinary
action taken shall not be disclosed and shall be afforded the
same status as is provided by Part 21 of Article VIII of the
Code of Civil Procedure.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or
for an order enforcing compliance with this Section. Upon
filing of a verified petition in such court, the court may
issue a temporary restraining order without notice or bond and
may preliminarily or permanently enjoin such violation, and if
it is established that such person has violated or is
violating the injunction, the court may punish the offender
for contempt of court. Proceedings under this paragraph shall

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be in addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(I) The Department may adopt rules to implement,
administer, and enforce this Section.
(Source: P.A. 104-432, eff. 1-1-26.)
(225 ILCS 60/26) (from Ch. 111, par. 4400-26)
(Section scheduled to be repealed on January 1, 2027)
Sec. 26. Advertising.
(1) Any person licensed under this Act may advertise the
availability of professional services in the public media or
on the premises where such professional services are rendered.
Such advertising shall be limited to the following
information:
(a) Publication of the person's name, title, office
hours, address and telephone number;
(b) Information pertaining to the person's areas of
specialization, including appropriate board certification
or limitation of professional practice;
(c) Information on usual and customary fees for
routine professional services offered, which information
shall include, notification that fees may be adjusted due
to complications or unforeseen circumstances;
(d) Announcement of the opening of, change of, absence
from, or return to business;
(e) Announcement of additions to or deletions from

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professional licensed staff;
(f) The issuance of business or appointment cards.
(2) It is unlawful for any person licensed under this Act
to use claims of superior quality of care to entice the public.
It shall be unlawful to advertise fee comparisons of available
services with those of other persons licensed under this Act.
(3) This Act does not authorize the advertising of
professional services which the offeror of such services is
not licensed to render. Nor shall the advertiser use
statements which contain false, fraudulent, deceptive or
misleading material or guarantees of success, statements which
play upon the vanity or fears of the public, or statements
which promote or produce unfair competition.
(4) A licensee shall include in every advertisement for
services regulated under this Act the licensee's his or her
title as it appears on the license or the initials authorized
under this Act.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
(Section scheduled to be repealed on January 1, 2027)
Sec. 36. Investigation; notice.
(a) Upon the motion of either the Department or the
Medical Board or upon the verified complaint in writing of any
person setting forth facts which, if proven, would constitute
grounds for suspension or revocation under Section 22 of this

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Act, the Department shall investigate the actions of any
person, so accused, who holds or represents that the person he
or she holds a license. Such person is hereinafter called the
accused.
(b) The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges before
the Medical Board, direct the accused him or her to file the
accused's his or her written answer thereto to the Medical
Board under oath within 20 days after the service on the
accused him or her of such notice and inform the accused him or
her that if the accused he or she fails to file such answer
default will be taken against the accused him or her and the
accused's his or her license may be suspended, revoked, placed
on probationary status, or have other disciplinary action,
including limiting the scope, nature or extent of the
accused's his or her practice, as the Department may deem
proper taken with regard thereto. The Department shall, at
least 14 days prior to the date set for the hearing, notify in
writing any person who filed a complaint against the accused
of the time and place for the hearing of the charges against
the accused before the Medical Board and inform such person
whether the accused he or she may provide testimony at the

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hearing.
(c) (Blank).
(d) Such written notice and any notice in such proceedings
thereafter may be served by personal delivery, email to the
respondent's email address of record, or mail to the
respondent's address of record.
(e) All information gathered by the Department during its
investigation including information subpoenaed under Section
23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Secretary, the Medical Board,
the Medical Coordinators, persons employed by contract to
advise the Medical Coordinator or the Department, the Medical
Board's attorneys, the medical investigative staff, and
authorized clerical staff, as provided in this Act and shall
be afforded the same status as is provided information
concerning medical studies in Part 21 of Article VIII of the
Code of Civil Procedure, except that the Department may
disclose information and documents to a federal, State, or
local law enforcement agency pursuant to a subpoena in an
ongoing criminal investigation to a health care licensing body
of this State or another state or jurisdiction pursuant to an
official request made by that licensing body. Furthermore,
information and documents disclosed to a federal, State, or
local law enforcement agency may be used by that agency only
for the investigation and prosecution of a criminal offense
or, in the case of disclosure to a health care licensing body,

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only for investigations and disciplinary action proceedings
with regard to a license issued by that licensing body.
(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
102-20, eff. 1-1-22; 102-558, eff. 8-20-21.)
(225 ILCS 60/37) (from Ch. 111, par. 4400-37)
(Section scheduled to be repealed on January 1, 2027)
Sec. 37. Disciplinary actions.
(a) At the time and place fixed in the notice, the Medical
Board provided for in this Act shall proceed to hear the
charges, and the accused person shall be accorded ample
opportunity to present in person, or by counsel, such
statements, testimony, evidence and argument as may be
pertinent to the charges or to any defense thereto. The
Medical Board may continue such hearing from time to time. If
the Medical Board is not sitting at the time and place fixed in
the notice or at the time and place to which the hearing has
been continued, the Department shall continue such hearing for
a period not to exceed 30 days.
(b) In case the accused person, after receiving notice,
fails to file an answer, their license may, in the discretion
of the Secretary, having received first the recommendation of
the Medical Board, be suspended, revoked or placed on
probationary status, or the Secretary may take whatever
disciplinary action as the Secretary he or she may deem
proper, including limiting the scope, nature, or extent of

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said person's practice, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act.
(c) The Medical Board has the authority to recommend to
the Secretary that probation be granted or that other
disciplinary or non-disciplinary action, including the
limitation of the scope, nature or extent of a person's
practice, be taken as it deems proper. If disciplinary or
non-disciplinary action, other than suspension or revocation,
is taken the Medical Board may recommend that the Secretary
impose reasonable limitations and requirements upon the
accused registrant to ensure compliance with the terms of the
probation or other disciplinary action, including, but not
limited to, regular reporting by the accused to the Department
of their actions, placing themselves under the care of a
qualified physician for treatment, or limiting their practice
in such manner as the Secretary may require.
(d) The Secretary, after consultation with the Chief
Medical Coordinator or Deputy Medical Coordinator, may
temporarily suspend the license of a physician without a
hearing, simultaneously with the institution of proceedings
for a hearing provided under this Section if the Secretary
possesses evidence that finds that evidence in his or her
possession indicates that a physician's continuation in
practice would constitute an immediate danger to the public.
In the event that the Secretary suspends, temporarily, the

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license of a physician without a hearing, a hearing by the
Medical Board shall be held within 15 days after such
suspension has occurred and shall be concluded without
appreciable delay.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
(Section scheduled to be repealed on January 1, 2027)
Sec. 38. Subpoena; oaths.
(a) The Medical Board or Department has power to subpoena
and bring before it any person in this State and to take
testimony either orally or by deposition, or both, with the
same fees and mileage and in the same manner as is prescribed
by law for judicial procedure in civil cases.
(b) The Medical Board or Department, upon a determination
that probable cause exists that a violation of one or more of
the grounds for discipline listed in Section 22 has occurred
or is occurring, may subpoena the medical and hospital records
of individual patients of physicians licensed under this Act,
provided, that prior to the submission of such records to the
Medical Board, all information indicating the identity of the
patient shall be removed and deleted. Notwithstanding the
foregoing, the Medical Board and Department shall possess the
power to subpoena copies of hospital or medical records in
mandatory report cases under Section 23 alleging death or
permanent bodily injury when consent to obtain records is not

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provided by a patient or legal representative. Prior to
submission of the records to the Medical Board, all
information indicating the identity of the patient shall be
removed and deleted. All medical records and other information
received pursuant to subpoena shall be confidential and shall
be afforded the same status as is proved information
concerning medical studies in Part 21 of Article VIII of the
Code of Civil Procedure. The use of such records shall be
restricted to members of the Medical Board, the medical
coordinators, and appropriate staff of the Department
designated by the Medical Board for the purpose of determining
the existence of one or more grounds for discipline of the
physician as provided for by Section 22 of this Act. Any such
review of individual patients' records shall be conducted by
the Medical Board in strict confidentiality, provided that
such patient records shall be admissible in a disciplinary
hearing, before the Medical Board, when necessary to
substantiate the grounds for discipline alleged against the
physician licensed under this Act, and provided further, that
nothing herein shall be deemed to supersede the provisions of
Part 21 of Article VIII of the Code of Civil Procedure, to the
extent applicable.
(c) The Secretary, hearing officer, and any member of the
Medical Board each have power to administer oaths at any
hearing which the Medical Board or Department is authorized by
law to conduct.

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(d) Upon The Medical Board, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 22 has occurred or is
occurring on the business premises of a physician licensed
under this Act, may issue an order authorizing an
appropriately qualified investigator employed by the
Department may to enter upon the business premises with due
consideration for patient care of the subject of the
investigation so as to inspect the physical premises and
equipment and furnishings therein. The right to inspection No
such order shall not include the right of inspection of
business, medical, or personnel records located on the
premises without a subpoena issued in accordance with this
Section or Section 2105-105 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
For purposes of this Section, "business premises" is defined
as the office or offices where the physician conducts the
practice of medicine. Any such order shall expire and become
void five business days after its issuance by the Medical
Board. The execution of any such inspection order shall be
valid only during the normal business hours of the facility or
office to be inspected.
(Source: P.A. 101-316, eff. 8-9-19; 102-20, eff. 1-1-22.)
(225 ILCS 60/40) (from Ch. 111, par. 4400-40)
(Section scheduled to be repealed on January 1, 2027)

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Sec. 40. Findings and recommendations; rehearing.
(a) The Medical Board shall present to the Secretary a
written report of its findings and recommendations. A copy of
such report shall be served upon the accused person, either
personally or by mail or email. Within 20 days after such
service, the accused person may present to the Department the
accused person's his or her motion, in writing, for a
rehearing, which written motion shall specify the particular
ground therefor. If the accused person orders and pays for a
transcript of the record as provided in Section 39, the time
elapsing thereafter and before such transcript is ready for
delivery to them shall not be counted as part of such 20 days.
(b) At the expiration of the time allowed for filing a
motion for rehearing, the Secretary may take the action
recommended by the Medical Board. Upon the suspension,
revocation, placement on probationary status, or the taking of
any other disciplinary action, including the limiting of the
scope, nature, or extent of one's practice, deemed proper by
the Department, with regard to the license or permit, the
accused shall surrender the accused's his or her license or
permit to the Department, if ordered to do so by the
Department, and upon the accused's his or her failure or
refusal so to do, the Department may seize the same.
(c) Each order of revocation, suspension, or other
disciplinary action shall contain a brief, concise statement
of the ground or grounds upon which the Department's action is

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based, as well as the specific terms and conditions of such
action. This document shall be retained as a permanent record
by the Department.
(d) (Blank).
(e) In those instances where an order of revocation,
suspension, or other disciplinary action has been rendered by
virtue of a physician's physical illness, including, but not
limited to, deterioration through the aging process, or loss
of motor skill which results in a physician's inability to
practice medicine with reasonable judgment, skill, or safety,
the Department shall only permit this document, and the record
of the hearing incident thereto, to be observed, inspected,
viewed, or copied pursuant to court order.
(Source: P.A. 101-316, eff. 8-9-19; 102-20, eff. 1-1-22.)
(225 ILCS 60/44) (from Ch. 111, par. 4400-44)
(Section scheduled to be repealed on January 1, 2027)
Sec. 44. None of the disciplinary functions, powers and
duties enumerated in this Act shall be exercised by the
Department except upon the action and report in writing of the
Medical Board.
In all instances, under this Act, in which the Medical
Board has rendered a recommendation to the Secretary with
respect to a particular physician, the Secretary may take
action contrary to the recommendation of the Medical Board. In
the event that the Secretary disagrees with or takes action

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contrary to the recommendation of the Medical Board, the
Secretary may file with the Medical Board the Secretary's his
or her specific written reasons of disagreement with the
Medical Board. Such reasons shall be filed within 30 days of
the occurrence of the Secretary's contrary position having
been taken.
The action and report in writing of a majority of the
Medical Board designated is sufficient authority upon which
the Secretary may act.
Whenever the Secretary is satisfied that substantial
justice has not been done in a formal disciplinary action, or
refusal to restore a license, the Secretary he or she may order
a rehearing.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/49) (from Ch. 111, par. 4400-49)
(Section scheduled to be repealed on January 1, 2027)
Sec. 49. If any person does any of the following and does
not possess a valid license issued under this Act, that person
shall be sentenced as provided in Section 59: (i) holds
himself or herself out to the public as being engaged in the
diagnosis or treatment of physical or mental ailments or
conditions including, but not limited to, deformities,
diseases, disorders, or injuries of human beings; (ii)
suggests, recommends or prescribes any form of treatment for
the palliation, relief or cure of any physical or mental

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ailment or condition of any person with the intention of
receiving, either directly or indirectly, any fee, gift, or
compensation whatever; (iii) diagnoses or attempts to
diagnose, operates upon, professes to heal, prescribes for, or
otherwise treats any ailment or condition, or supposed ailment
or condition, of another; (iv) maintains an office for
examination or treatment of persons afflicted, or alleged or
supposed to be afflicted, by any ailment or condition; (v)
manipulates or adjusts osseous or articular structures; or
(vi) attaches the title Doctor, Physician, Surgeon, M.D., D.O.
or D.C. or any other word or abbreviation to the person's his
or her name indicating that the person he or she is engaged in
the treatment of human ailments or conditions as a business.
Whenever the Department has reason to believe that any
person has violated this Section the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 60/54) (from Ch. 111, par. 4400-54)
(Section scheduled to be repealed on January 1, 2027)

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Sec. 54. A person who holds himself or herself out to treat
human ailments under a name other than the person's his or her
own, or by personation of any physician, shall be punished as
provided in Section 59.
However, nothing in this Act shall be construed as
prohibiting partnerships, limited liability companies,
associations, or corporations in accordance with subsection
(c) of Section 22.2 of this Act.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/54.2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 54.2. Physician delegation of authority.
(a) Nothing in this Act shall be construed to limit the
delegation of patient care tasks or duties by a physician, to a
licensed practical nurse, a registered professional nurse, or
other licensed person practicing within the scope of the
licensed person's his or her individual licensing Act.
Delegation by a physician licensed to practice medicine in all
its branches to physician assistants or advanced practice
registered nurses is also addressed in Section 54.5 of this
Act. No physician may delegate any patient care task or duty
that is statutorily or by rule mandated to be performed by a
physician.
(b) In an office or practice setting and within a
physician-patient relationship, a physician may delegate

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patient care tasks or duties to an unlicensed person who
possesses appropriate training and experience provided a
health care professional, who is practicing within the scope
of such licensed professional's individual licensing Act, is
on site to provide assistance.
(c) Any such patient care task or duty delegated to a
licensed or unlicensed person must be within the scope of
practice, education, training, or experience of the delegating
physician and within the context of a physician-patient
relationship.
(d) Nothing in this Section shall be construed to affect
referrals for professional services required by law.
(e) The Department shall have the authority to adopt rules
concerning a physician's delegation, including, but not
limited to, the use of light emitting devices for patient care
or treatment. An on-site physician examination prior to the
performance of a non-ablative laser procedure shall not be
required when:
(1) the laser hair removal facility follows a
physician delegation protocol, which shall be made
available to the Department upon request;
(2) the examination is performed by an advanced
practice registered nurse;
(3) the procedure is delegated by a physician and
performed by a registered nurse or licensed practical
nurse who has received appropriate, documented training

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and education in the safe and effective use of each
system; and
(4) a physician is available by telephone or other
electronic means to respond promptly to any questions or
complications that may occur.
Nothing in this Section shall be construed to limit a
licensed advanced practice registered nurse with full practice
authority from practicing according to the Nurse Practice Act.
(f) Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(g) (Blank). A physician licensed to practice medicine in
all of its branches under this Act may delegate any and all
authority prescribed to him or her by law to international
medical graduate physicians, so long as the tasks or duties
are within the scope of practice, education, training, or
experience of the delegating physician who is on site to
provide assistance. An international medical graduate working
in Illinois pursuant to this subsection is subject to all
statutory and regulatory requirements of this Act, as
applicable, relating to the standards of care. An
international medical graduate physician is limited to
providing treatment under the supervision of a physician
licensed to practice medicine in all of its branches. The
supervising physician or employer must keep record of and make

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available upon request by the Department the following: (1)
evidence of education certified by the Educational Commission
for Foreign Medical Graduates; (2) evidence of passage of Step
1, Step 2 Clinical Knowledge, and Step 3 of the United States
Medical Licensing Examination as required by this Act; and (3)
evidence of an unencumbered license from another country. This
subsection does not apply to any international medical
graduate whose license as a physician is revoked, suspended,
or otherwise encumbered. This subsection is inoperative upon
the adoption of rules implementing Section 15.5.
(Source: P.A. 103-1, eff. 4-27-23; 103-102, eff. 6-16-23;
103-814, eff. 1-1-25.)
(225 ILCS 60/54.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 54.5. Physician delegation of authority to physician
assistants, advanced practice registered nurses without full
practice authority, and prescribing psychologists.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of 1987.
A physician licensed to practice medicine in all its branches
may enter into collaborative agreements with no more than 7
full-time equivalent physician assistants, except in a
hospital, hospital affiliate, or ambulatory surgical treatment

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center as set forth by Section 7.7 of the Physician Assistant
Practice Act of 1987 and as provided in subsection (a-5).
(a-5) A physician licensed to practice medicine in all its
branches may collaborate with more than 7 physician assistants
when the services are provided in a federal primary care
health professional shortage area with a Health Professional
Shortage Area score greater than or equal to 12, as determined
by the United States Department of Health and Human Services.
The collaborating physician must keep appropriate
documentation of meeting this exemption and make it available
to the Department upon request.
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an
advanced practice registered nurse in accordance with the
requirements of the Nurse Practice Act. Collaboration is for
the purpose of providing medical consultation, and no
employment relationship is required. A written collaborative
agreement shall conform to the requirements of Section 65-35
of the Nurse Practice Act. The written collaborative agreement
shall be for services for which the collaborating physician
can provide adequate collaboration. A written collaborative
agreement shall be adequate with respect to collaboration with
advanced practice registered nurses if all of the following
apply:
(1) The agreement is written to promote the exercise
of professional judgment by the advanced practice

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registered nurse commensurate with the advanced practice
registered nurse's his or her education and experience.
(2) The advanced practice registered nurse provides
services based upon a written collaborative agreement with
the collaborating physician, except as set forth in
subsection (b-5) of this Section. With respect to labor
and delivery, the collaborating physician must provide
delivery services in order to participate with a certified
nurse midwife.
(3) Methods of communication are available with the
collaborating physician in person or through
telecommunications for consultation, collaboration, and
referral as needed to address patient care needs.
(b-5) An anesthesiologist or physician licensed to
practice medicine in all its branches may collaborate with a
certified registered nurse anesthetist in accordance with
Section 65-35 of the Nurse Practice Act for the provision of
anesthesia services. With respect to the provision of
anesthesia services, the collaborating anesthesiologist or
physician shall have training and experience in the delivery
of anesthesia services consistent with Department rules.
Collaboration shall be adequate if:
(1) an anesthesiologist or a physician participates in
the joint formulation and joint approval of orders or
guidelines and periodically reviews such orders and the
services provided patients under such orders; and

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(2) for anesthesia services, the anesthesiologist or
physician participates through discussion of and agreement
with the anesthesia plan and is physically present and
available on the premises during the delivery of
anesthesia services for diagnosis, consultation, and
treatment of emergency medical conditions. Anesthesia
services in a hospital shall be conducted in accordance
with Section 10.7 of the Hospital Licensing Act and in an
ambulatory surgical treatment center in accordance with
Section 6.5 of the Ambulatory Surgical Treatment Center
Act.
(b-10) The anesthesiologist or operating physician must
agree with the anesthesia plan prior to the delivery of
services.
(c) The collaborating physician shall have access to the
medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to
the medical records of all patients attended to by an advanced
practice registered nurse.
(d) (Blank).
(e) A physician shall not be liable for the acts or
omissions of a prescribing psychologist, physician assistant,
or advanced practice registered nurse solely on the basis of
having signed a supervision agreement or guidelines or a
collaborative agreement, an order, a standing medical order, a
standing delegation order, or other order or guideline

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authorizing a prescribing psychologist, physician assistant,
or advanced practice registered nurse to perform acts, unless
the physician has reason to believe the prescribing
psychologist, physician assistant, or advanced practice
registered nurse lacked the competency to perform the act or
acts or commits willful and wanton misconduct.
(f) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice
registered nurse as part of a written collaborative agreement,
and the delegation of prescriptive authority shall conform to
the requirements of Section 65-40 of the Nurse Practice Act.
(g) A collaborating physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written collaborative agreement, and the delegation
of prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(h) (Blank).
(i) A collaborating physician shall delegate prescriptive
authority to a prescribing psychologist as part of a written
collaborative agreement, and the delegation of prescriptive
authority shall conform to the requirements of Section 4.3 of
the Clinical Psychologist Licensing Act.
(j) As set forth in Section 22.2 of this Act, a licensee
under this Act may not directly or indirectly divide, share,
or split any professional fee or other form of compensation
for professional services with anyone in exchange for a

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referral or otherwise, other than as provided in Section 22.2.
(Source: P.A. 103-228, eff. 1-1-24.)
(225 ILCS 60/58) (from Ch. 111, par. 4400-58)
(Section scheduled to be repealed on January 1, 2027)
Sec. 58. Any person who shall willfully wilfully swear or
affirm falsely, or make or file any affidavit willfully
wilfully and corruptly, in filing or prosecuting their
application for a license before the Department, or in
submitting any complaint, evidence or testimony to the
Department under the provisions of this Act, or under any rule
or regulation of the Department, shall be sentenced therefor
as the law shall prescribe at the time for perjury.
(Source: P.A. 85-4.)
(225 ILCS 60/66)
Sec. 66. Temporary permit for health care.
(a) The Department may issue a temporary permit to an
applicant who is licensed to practice as a physician in
another state. The temporary permit will authorize the
practice of providing health care to patients in this State if
all of the following apply:
(1) The Department determines that the applicant's
services will improve the welfare of Illinois residents
and non-residents requiring health care services.
(2) The applicant has graduated from a medical program

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officially recognized by the jurisdiction in which it is
located for the purpose of receiving a license to practice
medicine in all of its branches, and maintains an
equivalent authorization to practice medicine in good
standing in the applicant's current state or territory of
licensure; and the applicant can furnish the Department
with a certified letter upon request from that
jurisdiction attesting to the fact that the applicant has
no pending action or violations against the applicant's
license.
The Department will not consider a physician's license
being revoked or otherwise disciplined by any state or
territory based solely on the physician providing,
authorizing, recommending, aiding, assisting, referring
for, or otherwise participating in any health care service
that is unlawful or prohibited in that state or territory,
if the provision of, authorization of, or participation in
that health care, medical service, or procedure related to
any health care service is not unlawful or prohibited in
this State.
(3) The applicant has sufficient training and
possesses the appropriate core competencies to provide
health care services, and is physically, mentally, and
professionally capable of practicing medicine with
reasonable judgment, skill, and safety and in accordance
with applicable standards of care.

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(4) The applicant will be working pursuant to an
agreement with a sponsoring licensed hospital, medical
office, clinic, or other medical facility providing
abortion or other health care services. Such agreement
shall be executed by an authorized representative of the
licensed hospital, medical office, clinic, or other
medical facility, certifying that the physician holds an
active license and is in good standing in the state in
which they are licensed. If an applicant for a temporary
permit has been previously disciplined by another
jurisdiction, except as described in paragraph (2) of
subsection (a), further review may be conducted pursuant
to the Civil Administrative Code of Illinois and this Act.
The application shall include the physician's name,
contact information, state of licensure, and license
number.
(5) Payment of a $75 fee.
The sponsoring licensed hospital, medical office, clinic,
or other medical facility engaged in the agreement with the
applicant shall notify the Department should the applicant at
any point leave or become separate from the sponsor.
The Department may adopt rules pursuant to this Section.
(b) A temporary permit under this Section shall expire 2
years after the date of issuance. The temporary permit may be
renewed for a $45 fee for an additional 2 years. A holder of a
temporary permit may only renew one time.

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(c) The temporary permit shall only permit the holder to
practice medicine within the scope of providing health care
services at the location or locations specified on the permit.
(d) An application for the temporary permit shall be made
to the Department, in writing, on forms prescribed by the
Department, and shall be accompanied by a nonrefundable
non-refundable fee of $75. The Department shall grant or deny
an applicant a temporary permit within 60 days of receipt of a
completed application. The Department shall notify the
applicant of any deficiencies in the applicant's application
materials requiring corrections in a timely manner.
(e) An applicant for temporary permit may be requested to
appear before the Board to respond to questions concerning the
applicant's qualifications to receive the permit. An
applicant's refusal to appear before the Illinois State
Medical Board may be grounds for denial of the application by
the Department.
(f) The Secretary may summarily cancel any temporary
permit issued pursuant to this Section, without a hearing, if
the Secretary finds that evidence that in his or her
possession indicates that a permit holder's continuation in
practice would constitute an imminent danger to the public or
violate any provision of this Act or its rules. If the
Secretary summarily cancels a temporary permit issued pursuant
to this Section or Act, the permit holder may petition the
Department for a hearing in accordance with the provisions of

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Section 43 of this Act to restore the permit holder's his or
her permit, unless the permit holder has exceeded the his or
her renewal limit.
(g) In addition to terminating any temporary permit issued
pursuant to this Section or Act, the Department may issue a
monetary penalty not to exceed $10,000 upon the temporary
permit holder and may notify any state in which the temporary
permit holder has been issued a permit that the permit
holder's his or her Illinois permit has been terminated and
the reasons for the termination. The monetary penalty shall be
paid within 60 days after the effective date of the order
imposing the penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner
as any judgment from any court of record. It is the intent of
the General Assembly that a permit issued pursuant to this
Section shall be considered a privilege and not a property
right.
(h) While working in Illinois, all temporary permit
holders are subject to all statutory and regulatory
requirements of this Act in the same manner as a licensee.
Failure to adhere to all statutory and regulatory requirements
may result in revocation or other discipline of the temporary
permit.
(i) If the Department becomes aware of a violation
occurring at the licensed hospital, medical office, clinic, or
other medical facility or via telehealth practice, the

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Department shall notify the Department of Public Health.
(j) The Department may adopt emergency rules pursuant to
this Section. The General Assembly finds that the adoption of
rules to implement a temporary permit for health care services
is deemed an emergency and necessary for the public interest,
safety, and welfare.
(Source: P.A. 102-1117, eff. 1-13-23.)
(225 ILCS 60/70 new)
Sec. 70. Record retention. A physician shall retain all
medical records of adult patients not appropriately
transferred to another physician or entity for at least 6
years after the last date of service for each patient, except
as otherwise required by law. A physician shall retain all
medical records of minor patients not appropriately
transferred to another physician or entity for at least 6
years after the last date of service for each patient or until
the patient reaches the age of 21, whichever date is longer,
except as otherwise required by law.
Section 27. The Licensed Certified Professional Midwife
Practice Act is amended by adding Section 21 as follows:
(225 ILCS 64/21 new)
Sec. 21. Unlicensed practice.
(a) As used in this Section, "midwifery services" does not

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include the services provided by an advanced practice
registered nurse certified as a nurse midwife under the Nurse
Practice Act.
(b) No person may provide, offer to provide, or attempt to
practice midwifery or hold oneself out as a licensed certified
professional midwife, a licensed midwife, a certified
professional midwife, or as a qualified provider of midwifery
services unless the person is licensed in accordance with this
Act.
Section 30. The Illinois Optometric Practice Act of 1987
is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 9.5, 10,
11, 12, 13, 16, 17, 18, 20, 22, 24, 24.2, 25, 26.1, 26.2, 26.7,
26.13, and 26.14 as follows:
(225 ILCS 80/3) (from Ch. 111, par. 3903)
(Section scheduled to be repealed on January 1, 2027)
Sec. 3. Practice of optometry defined; referrals;
manufacture of lenses and prisms.
(a) The practice of optometry is defined as the employment
of any and all means for the examination, diagnosis, and
treatment of the human visual system, the human eye, and its
appendages without the use of surgery or the use of lasers for
surgical purposes, including, but not limited to: the
appropriate use of ocular pharmaceutical agents; refraction
and other determinants of visual function; prescribing

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corrective lenses or prisms; prescribing, dispensing, or
management of contact lenses; vision therapy; visual
rehabilitation; or any other procedures taught in schools and
colleges of optometry approved by the Department, and not
specifically restricted in this Act, subject to demonstrated
competency and training as required by the Board, and pursuant
to rule or regulation approved by the Board and adopted by the
Department.
A person shall be deemed to be practicing optometry within
the meaning of this Act who:
(1) In any way presents the person himself or herself
to be qualified to practice optometry.
(2) Performs refractions or employs any other
determinants of visual function.
(3) Employs any means for the adaptation of lenses or
prisms.
(4) Prescribes corrective lenses, prisms, vision
therapy, visual rehabilitation, or ocular pharmaceutical
agents.
(5) Prescribes or manages contact lenses for
refractive, cosmetic, or therapeutic purposes.
(6) Evaluates the need for, or prescribes, low vision
aids to partially sighted persons.
(7) Diagnoses or treats any ocular abnormality,
disease, or visual or muscular anomaly of the human eye or
visual system.

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(8) Practices, or offers or attempts to practice,
optometry as defined in this Act either on the person's
his or her own behalf or as an employee of a person, firm,
or corporation, whether under the supervision of the
person's his or her employer or not.
Nothing in this Section shall be interpreted (A) to
prevent a person from functioning as an assistant under the
direct supervision of a person licensed by the State of
Illinois to practice optometry or medicine in all of its
branches or (B) to prohibit visual screening programs that are
conducted without a fee (other than voluntary donations), by
charitable organizations acting in the public welfare under
the supervision of a committee composed of persons licensed by
the State of Illinois to practice optometry or persons
licensed by the State of Illinois to practice medicine in all
of its branches.
(b) When, in the course of providing optometric services
to any person, an optometrist licensed under this Act finds an
indication of a disease or condition of the eye which in the
optometrist's his or her professional judgment requires
professional service outside the scope of practice as defined
in this Act, the optometrist he or she shall refer such person
to a physician licensed to practice medicine in all of its
branches, or other appropriate health care practitioner.
Nothing in this Act shall preclude an optometrist from
rendering appropriate nonsurgical emergency care.

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(c) Nothing contained in this Section shall prohibit a
person from manufacturing ophthalmic lenses and prisms or the
fabrication of contact lenses according to the specifications
prescribed by an optometrist or a physician licensed to
practice medicine in all of its branches, but shall
specifically prohibit (1) the sale or delivery of ophthalmic
lenses, prisms, and contact lenses without a prescription
signed by an optometrist or a physician licensed to practice
medicine in all of its branches and (2) the dispensing of
contact lenses by anyone other than a licensed optometrist,
licensed pharmacist, or a physician licensed to practice
medicine in all of its branches. For the purposes of this Act,
"contact lenses" include, but are not limited to, contact
lenses with prescriptive power and decorative and plano power
contact lenses. Nothing in this Section shall prohibit the
sale of contact lenses by an optical firm or corporation
primarily engaged in manufacturing or dealing in eyeglasses or
contact lenses with an affiliated optometrist who practices
and is licensed or has an ancillary registration for the
location where the sale occurs.
(d) Nothing in this Act shall restrict the filling of a
prescription by a pharmacist licensed under the Pharmacy
Practice Act.
(e) Nothing in this Act shall be construed to restrict the
dispensing and sale by an optometrist of ocular devices, such
as contact lenses, that contain and deliver ocular

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pharmaceutical agents permitted for use or prescription under
this Act.
(f) (Blank). On and after January 1, 2018, nothing in this
Act shall prohibit an optometrist who is certified by a school
of optometry approved by the Department from performing
advanced optometric procedures, pursuant to educational
requirements established by rule, that are consistent with the
recommendations of the Collaborative
Optometric/Ophthalmological Task Force created in Section 15.3
of this Act and that are taught (1) at an accredited, private
4-year school of optometry that is located in a city in
Illinois with a population in excess of 1,500,000, or (2) at a
school of optometry with a curriculum that is substantially
similar to the curriculum taught at the school of optometry
described in item (1) of this subsection. Advanced optometric
procedures do not include the use of lasers.
(Source: P.A. 98-186, eff. 8-5-13; 99-909, eff. 1-1-17.)
(225 ILCS 80/4) (from Ch. 111, par. 3904)
(Section scheduled to be repealed on January 1, 2027)
Sec. 4. License requirement. No person shall practice, or
attempt to practice, optometry, as defined in this Act,
without a valid license as an optometrist issued by the
Department.
(Source: P.A. 85-896.)

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(225 ILCS 80/5) (from Ch. 111, par. 3905)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5. Title and designation of licensed optometrists.
Every person to whom a valid existing license as an
optometrist has been issued under this Act, shall be
designated professionally as an "optometrist" and not
otherwise, and any such licensed optometrist may, in
connection with the practice of the licensed optometrist's his
or her profession, use the title or designation of
"optometrist", and, if entitled by degree from a college or
university recognized by the Department of Financial and
Professional Regulation, may use the title of "Doctor of
Optometry", or the abbreviation "O.D.". When the name of such
licensed optometrist is used professionally in oral, written,
or printed announcements, prescriptions, professional cards,
or publications for the information of the public, and is
preceded by the title "Doctor" or the abbreviation "Dr.", the
explanatory designation of "optometrist", "optometry", or
"Doctor of Optometry" shall be added immediately following
such title and name. When such announcement, prescription,
professional care or publication is in writing or in print,
such explanatory addition shall be in writing, type, or print
not less than one-half the size of that used in said name and
title. No person other than the holder of a valid existing
license under this Act shall use the title and designation of
"Doctor of Optometry", "O.D.", or "optometrist", either

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directly or indirectly in connection with the licensee's his
or her profession or business.
(Source: P.A. 94-787, eff. 5-19-06.)
(225 ILCS 80/6) (from Ch. 111, par. 3906)
(Section scheduled to be repealed on January 1, 2027)
Sec. 6. Display of license; change of address; record of
examinations and prescriptions.
(a) Every holder of a license under this Act shall display
such license on a conspicuous place in the office or offices
wherein such holder practices optometry and every holder
shall, whenever requested, exhibit such license to any
representative of the Department, and shall notify the
Department of the address or addresses and of every change
thereof, where such holder shall practice optometry.
(b) Every licensed optometrist shall keep a record of
examinations made and prescriptions issued, which record shall
include the names of persons examined and for whom
prescriptions were prepared, and shall be signed by the
licensed optometrist and shall be retained in the office in
which such professional service was rendered or in a secure
offsite storage facility. Such records shall be preserved by
the optometrist for a period designated by the Department. A
copy of such records shall be provided, upon written request,
to the person examined, or the person's his or her designee.
(Source: P.A. 97-1028, eff. 1-1-13.)

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(225 ILCS 80/7) (from Ch. 111, par. 3907)
(Section scheduled to be repealed on January 1, 2027)
Sec. 7. Additional practice locations.
(a) Every holder of a license under this Act shall report
to the Department every additional location where the licensee
engages in the practice of optometry. Such reports shall be
made prior to practicing at the location and shall be done in a
manner prescribed by the Department.
(b) Failure to report a practice location or to maintain
evidence of such a report at the practice location shall be a
violation of this Act and shall be considered the unlicensed
practice of optometry. Registering a location where a licensee
does not practice shall also be a violation of this Act.
(c) Nothing contained herein, however, shall be construed
to require a licensed optometrist in active practice to report
a location to the Department when serving on the staff of a
hospital or an institution that receives no fees (other than
entrance registration fees) for the services rendered by the
optometrist and for which the optometrist receives no fees or
compensation directly or indirectly for such services
rendered.
(d) Nothing contained herein shall be construed to require
a licensed optometrist to report a location to the Department
when rendering necessary optometric services for the licensed
optometrist's his or her patients confined to their homes,

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hospitals or institutions, or to act in an advisory capacity,
with or without remuneration, in any industry, school or
institution.
(Source: P.A. 96-270, eff. 1-1-10.)
(225 ILCS 80/8) (from Ch. 111, par. 3908)
(Section scheduled to be repealed on January 1, 2027)
Sec. 8. Permitted activities. This Act does not prohibit:
(1) Any person licensed in this State under any other
Act from engaging in the practice for which the person he
or she is licensed.
(2) The practice of optometry by a person who is
employed by the United States government or any bureau,
division or agency thereof while in the discharge of the
employee's official duties.
(3) The practice of optometry that is included in
their program of study by students enrolled in schools of
optometry or in continuing education courses approved by
the Department.
(4) Persons, firms, and corporations who manufacture
or deal in eyeglasses eye glasses or spectacles in a
store, shop, or other permanently established place of
business, and who neither practice nor attempt to practice
optometry from engaging the services of one or more
licensed optometrists, nor prohibit any such licensed
optometrist when so engaged, to practice optometry as

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defined in Section 3 of this Act, when the person, or firm,
or corporation so conducts the person's, firm's, or
corporation's his or her or its business in a permanently
established place and in such manner that the person's,
firm's, or corporation's his or her or its activities, in
any department in which such optometrist is engaged,
insofar as the practice of optometry is concerned, are in
keeping with the limitations imposed upon individual
practitioners of optometry by subparagraphs 17, 23, 26,
27, 28, 29, and 30 of Section 24 of this Act; provided,
that such licensed optometrist or optometrists shall not
be exempt, by reason of such relationship, from compliance
with the provisions of this Act as prescribed for
individual practitioners of optometry.
(Source: P.A. 94-787, eff. 5-19-06.)
(225 ILCS 80/9) (from Ch. 111, par. 3909)
(Section scheduled to be repealed on January 1, 2027)
Sec. 9. Definitions. For purposes of In this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
(1) "Department" means the Department of Financial and
Professional Regulation.
(2) "Secretary" means the Secretary of Financial and
Professional Regulation.
(3) "Board" means the Illinois Optometric Licensing

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and Disciplinary Board appointed by the Secretary.
(4) "License" means the document issued by the
Department authorizing the person named thereon to
practice optometry.
(5) (Blank).
(6) "Direct supervision" means supervision of any
person assisting an optometrist, requiring that the
optometrist authorize the procedure, remain in the
facility while the procedure is performed, approve the
work performed by the person assisting before dismissal of
the patient, but does not mean that the optometrist must
be present with the patient, during the procedure. For the
dispensing of contact lenses, "direct supervision" means
that the optometrist is responsible for training the
person assisting the optometrist in the dispensing or sale
of contact lenses, but does not mean that the optometrist
must be present in the facility where the optometrist he
or she practices under a license or ancillary registration
at the time the contacts are dispensed or sold. For the
practice of optometry through telehealth, "direct
supervision" means supervision by an optometrist of any
person located at a remote location who is assisting an
optometrist with procedures or optometric services
administered to a patient at the remote location when the
optometrist is at a distant site.
(7) "Address of record" means the designated address

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recorded by the Department in the applicant's application
file or the licensee's license file maintained by the
Department's licensure maintenance unit.
(8) "Remote location" means the site at which the
patient is located at the time optometric services are
rendered through telehealth to that patient.
(9) "Distant site" means the location in Illinois from
which an optometrist is rendering services through
telehealth.
(10) "Interactive telecommunications system" means an
audio and video system permitting 2-way, real-time
interactive communication between a patient located at a
remote location and an optometrist located at a distant
site.
(11) "Telehealth" means the evaluation, diagnosis, or
interpretation of patient-specific data that is
transmitted by way of an interactive telecommunication
system between a remote location and an optometrist
located at a distant site that generates interaction or
treatment recommendations for a patient located at a
remote location. "Telehealth" includes the performance of
any of the activities set forth in Sections 3 and 15.1.
(12) "Email address of record" means the designated
email address by the Department in the applicant's
application file or the licensee's license file maintained
by the Department's licensure maintenance unit.

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(Source: P.A. 102-153, eff. 1-1-22.)
(225 ILCS 80/9.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 9.5. Address of record; email address of record
Change of address. All applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after the
change, either through the Department's website or by
contacting the Department's licensure maintenance unit. It
is the duty of the applicant or licensee to inform the
Department of any change of address within 14 days after
such change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(Source: P.A. 99-909, eff. 1-1-17.)
(225 ILCS 80/10) (from Ch. 111, par. 3910)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Powers and duties of Department; rules; report.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
the administration of licensing acts and shall exercise such

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other powers and duties necessary for effectuating the purpose
of this Act.
(b) The Secretary shall promulgate rules consistent with
the provisions of this Act, for the administration and
enforcement thereof and may prescribe forms that shall be
issued in connection therewith. The rules shall include
standards and criteria for licensure and certification, and
professional conduct and discipline.
(c) The Department shall consult with the Board in
promulgating rules. Notice of proposed rulemaking shall be
transmitted to the Board and the Department shall review the
Board's responses and any recommendations made therein. The
Department may solicit the advice of the Board on any matter
relating to the administration and enforcement of this Act.
(Source: P.A. 99-909, eff. 1-1-17.)
(225 ILCS 80/11) (from Ch. 111, par. 3911)
(Section scheduled to be repealed on January 1, 2027)
Sec. 11. Optometric Licensing and Disciplinary Board.
(a) The Secretary shall appoint an Illinois Optometric
Licensing and Disciplinary Board as follows: Seven persons who
shall be appointed by and shall serve in an advisory capacity
to the Secretary. Five members must be lawfully and actively
engaged in the practice of optometry in this State, one member
shall be a licensed optometrist, with a full-time faculty
appointment with a school of optometry located in this State

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and recognized by the Department the Illinois College of
Optometry, and one member must be a member of the public who
shall be a voting member and is not licensed under this Act, or
a similar Act of another jurisdiction, or have any connection
with the profession. Neither the public member nor the faculty
member shall participate in the preparation or administration
of the examination of applicants for licensure.
(b) Members shall serve 4-year terms and until their
successors are appointed and qualified. No member shall be
appointed to the Board for more than 2 successive 4-year
terms, not counting any partial terms when appointed to fill
the unexpired portion of a vacated term. Appointments to fill
vacancies shall be made in the same manner as original
appointments, for the unexpired portion of the vacated term.
(c) The Board shall annually elect a chairperson and a
vice-chairperson, both of whom shall be licensed optometrists.
(d) The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
(e) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to perform all of
the duties of the Board.
(f) The Secretary may remove any member of the Board for
misconduct, incapacity, or neglect of duty, and the Secretary
shall be the sole judge of the sufficiency of cause for removal
terminate the appointment of any member for cause.

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(g) The members of the Board shall be reimbursed for all
authorized legitimate and necessary expenses incurred in
attending the meetings of the Board.
(h) Members of the Board shall have no liability in any
action based upon any disciplinary proceeding or other
activity performed in good faith as a member of the Board.
(i) The Secretary shall give due consideration to all
recommendations of the Board.
(j) Without, in any manner, limiting the power of the
Department to conduct investigations, the Board may recommend
to the Secretary that one or more licensed optometrists be
selected by the Secretary to conduct or assist in any
investigation pursuant to this Act. Such licensed optometrist
may receive remuneration as determined by the Secretary.
(Source: P.A. 99-909, eff. 1-1-17.)
(225 ILCS 80/12) (from Ch. 111, par. 3912)
(Section scheduled to be repealed on January 1, 2027)
Sec. 12. Applications for licenses.
(a) Applications for original licenses shall be made to
the Department in writing or electronically on forms
prescribed by the Department and shall be accompanied by the
required fee, which shall not be refundable. Any such
application shall require such information as in the judgment
of the Department will enable the Department to pass on the
qualifications of the applicant for a license.

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(b) Applicants have 3 years from the date of application
to complete the application process. If the process has not
been completed within 3 years, the application shall be
denied, the application fees shall be forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
(Source: P.A. 99-43, eff. 1-1-16.)
(225 ILCS 80/13) (from Ch. 111, par. 3913)
(Section scheduled to be repealed on January 1, 2027)
Sec. 13. Examination of applicants for licensure. The
Department shall promulgate rules establishing examination
requirements for applicants as optometrists. The examination
shall accurately evaluate the applicant's ability to perform
to the minimum standards of the practice of optometry.
Applicants for examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of providing the examination.
The Department may employ consultants for the purpose of
preparing and conducting examinations.
(Source: P.A. 94-787, eff. 5-19-06.)
(225 ILCS 80/16) (from Ch. 111, par. 3916)
(Section scheduled to be repealed on January 1, 2027)
Sec. 16. Renewal, reinstatement or restoration of
licenses; military service.

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(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule.
(b) All renewal applicants shall provide proof of having
met the requirements of continuing education set forth in the
rules of the Department. The Department shall, by rule,
provide for an orderly process for the reinstatement of
licenses which have not been renewed due to failure to meet the
continuing education requirements. The continuing education
requirement may be waived for such good cause, including, but
not limited to, illness or hardship, as defined by rules of the
Department.
(c) The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by
registrants; by requiring the filing of continuing education
certificates with the Department; or by other means
established by the Department.
Any licensee seeking renewal of his or her license during
the renewal cycle beginning April 1, 2008 must first complete
a tested educational course in the use of oral pharmaceutical
agents for the management of ocular conditions, as approved by
the Board.
(d) Any optometrist who has permitted the optometrist's
his or her license to expire or who has had the optometrist's
his or her license on inactive status may have the

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optometrist's his or her license restored by making
application to the Department and filing proof acceptable to
the Department of the optometrist's his or her fitness to have
the optometrist's his or her license restored and by paying
the required fees. Such proof of fitness may include evidence
certifying to active lawful practice in another jurisdiction
and must include proof of the completion of the continuing
education requirements specified in the rules for the
preceding license renewal period that has been completed
during the 2 years prior to the application for license
restoration.
(e) The Department shall determine, by an evaluation
program established by rule, an optometrist's his or her
fitness for restoration of the optometrist's his or her
license and shall establish procedures and requirements for
such restoration.
However, any optometrist whose license expired while the
person he or she was (1) in Federal Service on active duty with
the Armed Forces of the United States, or the State Militia
called into service or training, or (2) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
the person's his or her license restored without paying any
lapsed renewal fees if within 2 years after honorable
termination of such service, training, or education, the
person he or she furnishes the Department with satisfactory

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evidence to the effect that the person he or she has been so
engaged and that the person's his or her service, training, or
education has been so terminated.
(f) All licenses without "Therapeutic Certification" on
March 31, 2006 shall be placed on nonrenewed non-renewed
status and may only be renewed after the licensee meets those
requirements established by the Department that may not be
waived. All licensees on March 31, 2010 without a
certification of completion of an oral pharmaceutical course
as required by this Section shall be placed on nonrenewed
non-renewed status and may only be renewed after the licensee
meets those requirements established by the Department that
may not be waived.
(Source: P.A. 95-242, eff. 1-1-08; 96-270, eff. 1-1-10.)
(225 ILCS 80/17) (from Ch. 111, par. 3917)
(Section scheduled to be repealed on January 1, 2027)
Sec. 17. Inactive status.
(a) Any optometrist who notifies the Department in writing
on forms prescribed by the Department, may elect to place the
optometrist's his or her license on an inactive status and
shall be excused from payment of renewal fees until the
optometrist he or she notifies the Department in writing of
the optometrist's his intent to restore the optometrist's his
or her license.
(b) Any optometrist requesting restoration from inactive

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status shall be required to pay the current renewal fee, to
provide proof of completion of the continuing education
requirements specified in the rules for the preceding license
renewal period that has been completed during the 2 years
prior to the application for restoration, and to restore the
optometrist's his or her license as provided by rule of the
Department. All licenses without "Therapeutic Certification"
that are on inactive status as of March 31, 2006 shall be
placed on nonrenewed non-renewed status and may only be
restored after the licensee meets those requirements
established by the Department that may not be waived.
(c) Any optometrist whose license is in an expired or
inactive status shall not practice optometry in the State of
Illinois.
(d) Any licensee who shall practice while the
optometrist's his or her license is lapsed or on inactive
status shall be considered to be practicing without a license
which shall be grounds for discipline under Section 24
subsection (a) of this Act.
(Source: P.A. 94-787, eff. 5-19-06.)
(225 ILCS 80/18) (from Ch. 111, par. 3918)
(Section scheduled to be repealed on January 1, 2027)
Sec. 18. Endorsement.
(a) The Department may, in its discretion, license as an
optometrist, without examination on payment of the required

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fee, an applicant who is so licensed under the laws of another
state or jurisdiction of the United States. The Department may
issue a license, upon payment of the required fee and
recommendation of the Board, to an individual applicant who is
licensed in any foreign country or province whose standards,
in the opinion of the Board or Department, were, at the date of
the applicant's his or her licensure, substantially equivalent
to the requirements then in force in this State; or if the
applicant possesses individual qualifications and skills which
demonstrate substantial equivalence to current Illinois
requirements.
(b) Applicants have 3 years from the date of application
to complete the application process. If the process has not
been completed in 3 years, the application shall be denied,
the fee forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 99-909, eff. 1-1-17.)
(225 ILCS 80/20) (from Ch. 111, par. 3920)
(Section scheduled to be repealed on January 1, 2027)
Sec. 20. Fund.
(a) All moneys received by the Department pursuant to this
Act shall be deposited into in the Optometric Licensing and
Disciplinary Board Fund, which is hereby created as a special
fund in the State treasury Treasury, and shall be used for the
administration of this Act, including: (a) by the Board and

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Department in the exercise of its powers and performance of
its duties; (b) for costs directly related to license renewal
of persons licensed under this Act; and (c) for direct and
allocable indirect costs related to the public purposes of the
Department of Financial and Professional Regulation. Subject
to appropriation, moneys in the Optometric Licensing and
Disciplinary Board Fund may be used for the Optometric
Education Scholarship Program administered by the Illinois
Student Assistance Commission pursuant to Section 65.70 of the
Higher Education Student Assistance Act.
(b) Moneys in the Fund may be transferred to the
Professions Indirect Cost Fund as authorized under Section
2105-300 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois (20 ILCS
2105/2105-300).
(c) Money in the Optometric Licensing and Disciplinary
Board Fund may be invested and reinvested, with all earnings
received from such investment to be deposited into in the
Optometric Licensing and Disciplinary Board Fund and used for
the same purposes as fees deposited into in such fund.
(Source: P.A. 99-909, eff. 1-1-17.)
(225 ILCS 80/22) (from Ch. 111, par. 3922)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22. Advertising.
(a) Any person licensed under this Act may advertise the

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availability of professional services in the public media or
on the premises where such professional services are rendered
provided that such advertising is truthful and not misleading
and is in conformity with rules promulgated by the Department.
(b) It is unlawful for any person licensed under this Act
to use claims of superior quality of care to entice the public.
(Source: P.A. 99-43, eff. 1-1-16.)
(225 ILCS 80/24) (from Ch. 111, par. 3924)
(Section scheduled to be repealed on January 1, 2027)
Sec. 24. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 for
each violation, with regard to any license for any one or
combination of the causes set forth in subsection (a-3) of
this Section. All fines collected under this Section shall be
deposited into in the Optometric Licensing and Disciplinary
Board Fund. Any fine imposed shall be payable within 60 days
after the effective date of the order imposing the fine.
(a-3) Grounds for disciplinary action include the
following:
(1) Violations of this Act, or of the rules
promulgated hereunder.
(2) Conviction of or entry of a plea of guilty to any

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crime under the laws of any U.S. jurisdiction thereof that
is a felony or that is a misdemeanor of which an essential
element is dishonesty, or any crime that is directly
related to the practice of the profession.
(3) Making any misrepresentation for the purpose of
obtaining a license.
(4) Professional incompetence or gross negligence in
the practice of optometry.
(5) Gross malpractice, prima facie evidence of which
may be a conviction or judgment of malpractice in any
court of competent jurisdiction.
(6) Aiding or assisting another person in violating
any provision of this Act or rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department that
has been sent by certified or registered mail to the
licensee's last known address.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the

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discipline is the same or substantially equivalent to
those set forth herein.
(11) Violation of the prohibition against fee
splitting in Section 24.2 of this Act.
(12) A finding by the Department that the licensee,
after having the licensee's his or her license placed on
probationary status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in the licensee's his or her practice, including,
but not limited to, false records filed with State
agencies or departments.
(15) Willfully failing to report an instance of
suspected abuse or neglect as required by law.
(16) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services other than
permitted advertising.
(18) Failure to provide a patient with a copy of the
patient's his or her record or prescription in accordance
with federal law.
(19) Conviction by any court of competent
jurisdiction, either within or without this State, of any

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violation of any law governing the practice of optometry,
conviction in this or another State of any crime that is a
felony under the laws of this State or conviction of a
felony in a federal court, if the Department determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust.
(20) A finding that licensure has been applied for or
obtained by fraudulent means.
(21) Continued practice by a person knowingly having
an infectious or contagious disease.
(22) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or a
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(23) Practicing or attempting to practice under a name
other than the full name as shown on the licensee's his or
her license.
(24) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct or sexual
exploitation, related to the licensee's practice.
(25) Maintaining a professional relationship with any
person, firm, or corporation when the optometrist knows,
or should know, that such person, firm, or corporation is

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

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contrary to this Act or otherwise violating the laws of
the State of Illinois concerning the practice of
optometry.
(31) Failure to provide satisfactory proof of having
participated in approved continuing education programs as
determined by the Board and approved by the Secretary.
Exceptions for extreme hardships are to be defined by the
rules of the Department.
(32) Willfully making or filing false records or
reports in the practice of optometry, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(33) Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including,
but not limited to, filing false statements for collection
of monies for services not rendered from the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Illinois Public Aid Code.
(34) In the absence of good reasons to the contrary,
failure to perform a minimum eye examination as required
by the rules of the Department.
(35) Violation of the Health Care Worker Self-Referral

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Act.
The Department shall refuse to issue or shall suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of the tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(a-5) In enforcing this Section, the Board or Department,
upon a showing of a possible violation, may compel any
individual licensed to practice under this Act, or who has
applied for licensure or certification pursuant to this Act,
to submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The
examining physicians or clinical psychologists shall be those
specifically designated by the Department. The Board or the
Department may order the examining physician or clinical
psychologist to present testimony concerning this mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician or clinical
psychologist. Eye examinations may be provided by a licensed
optometrist. The individual to be examined may have, at the
individual's his or her own expense, another physician of the
individual's his or her choice present during all aspects of

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the examination. Failure of any individual to submit to a
mental or physical examination, when directed, shall be
grounds for suspension of a license until such time as the
individual submits to the examination if the Board or
Department finds, after notice and hearing, that the refusal
to submit to the examination was without reasonable cause.
If the Board or Department finds an individual unable to
practice because of the reasons set forth in this Section, the
Board or Department shall require such individual to submit to
care, counseling, or treatment by physicians or clinical
psychologists approved or designated by the Department, as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice, or in lieu of care, counseling,
or treatment, the Board may recommend to the Department to
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual, or the Board may
recommend to the Department to file a complaint to suspend,
revoke, or otherwise discipline the license of the individual.
Any individual whose license was granted pursuant to this Act,
or continued, reinstated, renewed, disciplined, or supervised,
subject to such conditions, terms, or restrictions, who shall
fail to comply with such conditions, terms, or restrictions,
shall be referred to the Secretary for a determination as to
whether the individual shall have the individual's his or her
license suspended immediately, pending a hearing by the Board.
(b) The determination by a circuit court that a licensee

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is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient;
and upon the recommendation of the Board to the Secretary that
the licensee be allowed to resume the licensee's his or her
practice.
(Source: P.A. 99-43, eff. 1-1-16; 99-909, eff. 1-1-17.)
(225 ILCS 80/24.2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 24.2. Prohibition against fee splitting.
(a) A licensee under this Act may not directly or
indirectly divide, share or split any professional fee or
other form of compensation for professional services with
anyone in exchange for a referral or otherwise, other than as
provided in this Section 24.2.
(b) Nothing contained in this Section abrogates the right
of 2 or more licensed health care workers as defined in the
Health Care Worker Self-referral Act to each receive adequate
compensation for concurrently rendering services to a patient
and to divide the fee for such service, whether or not the
worker is employed, provided that the patient has full
knowledge of the division and the division is made in

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proportion to the actual services personally performed and
responsibility assumed by each licensee consistent with the
licensee's his or her license, except as prohibited by law.
(c) Nothing contained in this Section prohibits a licensee
under this Act from practicing optometry through or within any
form of legal entity authorized to conduct business in this
State or from pooling, sharing, dividing, or apportioning the
professional fees and other revenues in accordance with the
agreements and policies of the entity provided:
(1) each owner of the entity is licensed under this
Act;
(2) the entity is organized under the Professional
Services Corporation Act or the Professional Association
Act;
(3) the entity is (i) a licensed hospital or hospital
affiliate or (ii) a licensed ambulatory surgical treatment
center owned in full or in part by Illinois-licensed
physicians or optometrists; or
(4) the entity is a combination or joint venture of
the entities authorized under this subsection (c).
(d) Nothing contained in this Section prohibits a licensee
under this Act from paying a fair market value fee to any
person or entity whose purpose is to perform billing,
administrative preparation, or collection services based upon
a percentage of professional service fees billed or collected,
a flat fee, or any other arrangement that directly or

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indirectly divides professional fees, for the administrative
preparation of the licensee's claims or the collection of the
licensee's charges for professional services, provided that:
(i) the licensee or the licensee's practice under
subsection (c) at all times controls the amount of fees
charged and collected; and
(ii) all charges collected are paid directly to the
licensee or the licensee's practice or are deposited
directly into an account in the name of and under the sole
control of the licensee or the licensee's practice or
deposited into a "Trust Account" by a licensed collection
agency in accordance with the requirements of Section 8(c)
of the Illinois Collection Agency Act.
(e) Nothing contained in this Section prohibits the
granting of a security interest in the accounts receivable or
fees of a licensee under this Act or the licensee's practice
for bona fide advances made to the licensee or licensee's
practice provided the licensee retains control and
responsibility for the collection of the accounts receivable
and fees.
(f) Excluding payments that may be made to the owners of or
licensees in the licensee's practice under subsection (c), a
licensee under this Act may not divide, share or split a
professional service fee with, or otherwise directly or
indirectly pay a percentage of the licensee's professional
service fees, revenues or profits to anyone for: (i) the

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marketing or management of the licensee's practice, (ii)
including the licensee or the licensee's practice on any
preferred provider list, (iii) allowing the licensee to
participate in any network of health care providers, (iv)
negotiating fees, charges or terms of service or payment on
behalf of the licensee, or (v) including the licensee in a
program whereby patients or beneficiaries are provided an
incentive to use the services of the licensee.
(g) Nothing contained in this Section prohibits the
payment of rent or other remunerations paid to an individual,
partnership, or corporation by a licensee for the lease,
rental, or use of space, owned or controlled by the
individual, partnership, corporation, or association.
(h) Nothing contained in this Section prohibits the
payment, at no more than fair market value, to an individual,
partnership, or corporation by a licensee for the use of
staff, administrative services, franchise agreements,
marketing required by franchise agreements, or equipment owned
or controlled by the individual, partnership, or corporation,
or the receipt thereof by a licensee.
(Source: P.A. 96-608, eff. 8-24-09; 97-563, eff. 8-25-11.)
(225 ILCS 80/25) (from Ch. 111, par. 3925)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. Returned checks; fines.
(a) Any person who delivers a check or other payment to the

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Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act for unlicensed practice or practice on a nonrenewed
license.
(b) The Department shall notify the person that payment of
fees and fines shall be paid to the Department by certified
check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or deny the application, without
hearing.
(c) If, after termination or denial, the person seeks a
license, the person he or she shall apply to the Department for
restoration or issuance of the license and pay all fees and
fines due to the Department. The Department may establish a
fee for the processing of an application for restoration of a
license to pay all expenses of processing this application.
(d) The Secretary may waive the fines due under this
Section in individual cases where the Secretary finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 94-787, eff. 5-19-06.)

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(225 ILCS 80/26.1) (from Ch. 111, par. 3926.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 26.1. Injunctions; criminal offenses; cease and
desist orders.
(a) If any person violates the provision of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, or the State's Attorney of any county in which the
action is brought, petition for an order enjoining such
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in court, the court may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the Court may punish the offender
for contempt of court. Proceedings under this Section shall be
in addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
(b) If any person shall practice as an optometrist or hold
oneself himself or herself out as an optometrist without being
licensed under the provisions of this Act then any licensed
optometrist, any interested party or any person injured
thereby may, in addition to the Secretary, petition for relief
as provided in subsection (a) of this Section.
Whoever knowingly practices or offers to practice
optometry in this State without being licensed for that

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purpose shall be guilty of a Class A misdemeanor and for each
subsequent conviction, shall be guilty of a Class 4 felony.
Notwithstanding any other provision of this Act, all criminal
fines, monies, or other property collected or received by the
Department under this Section or any other State or federal
statute, including, but not limited to, property forfeited to
the Department under Section 505 of the Illinois Controlled
Substances Act or Section 85 of the Methamphetamine Control
and Community Protection Act, shall be deposited into the
Optometric Licensing and Disciplinary Board Fund.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against him. The rule shall clearly set forth the
grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued forthwith.
(Source: P.A. 94-556, eff. 9-11-05; 94-787, eff. 5-19-06.)
(225 ILCS 80/26.2) (from Ch. 111, par. 3926.2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 26.2. Investigation; notice. The Department may
investigate the actions of any applicant or of any person or
persons holding or claiming to hold a license. The Department

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shall, before suspending, revoking, placing on probationary
status, or taking any other disciplinary action as the
Department may deem proper with regard to any license, at
least 30 days prior to the date set for the hearing, notify the
accused in writing of any charges made and the time and place
for a hearing of the charges before the Board, direct the
accused him or her to file the accused's his or her written
answer to the Board under oath within 20 days after the service
on the accused him or her of the notice and inform the accused
him or her that if the accused he or she fails to file an
answer default will be taken against the accused him or her and
the accused's his or her license may be suspended, revoked,
placed on probationary status, or have other disciplinary
action, including limiting the scope, nature or extent of the
accused's his or her practice, as the Department may deem
proper taken with regard thereto. The written notice and any
notice in the subsequent proceeding may be served by personal
delivery or by regular or certified mail to the applicant's or
licensee's address of record. In case the person fails to file
an answer after receiving notice, the person's his or her
license may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action deemed
proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient

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grounds for such action under this Act. At the time and place
fixed in the notice, the Department shall proceed to hear the
charges and the parties or their counsel shall be accorded
ample opportunity to present such statements, testimony,
evidence and argument as may be pertinent to the charges or to
their defense. The Department may continue the hearing from
time to time. At the discretion of the Secretary after having
first received the recommendation of the Board, the accused
person's license may be suspended, revoked, placed on
probationary status, or whatever disciplinary action as the
Secretary may deem proper, including limiting the scope,
nature, or extent of said person's practice, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act.
(Source: P.A. 99-909, eff. 1-1-17.)
(225 ILCS 80/26.7) (from Ch. 111, par. 3926.7)
(Section scheduled to be repealed on January 1, 2027)
Sec. 26.7. Hearing officer. Notwithstanding the provisions
of Section 26.6 of this Act, the Secretary shall have the
authority to appoint any attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in
any action for discipline of a license. The hearing officer
shall have full authority to conduct the hearing. The Board
shall have the right to have at least one member present at any
hearing conducted by such hearing officer. The hearing officer

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shall report the hearing officer's his or her findings of
fact, conclusions of law and recommendations to the Board and
the Secretary. The Board shall review the report of the
hearing officer and present its findings of fact, conclusions
of law and recommendations to the Secretary. If the Secretary
disagrees in any regard with the report of the Board or hearing
officer, the Secretary he or she may issue an order in
contravention thereof. The Secretary shall specify with
particularity the reasons for such action in the final order.
(Source: P.A. 99-909, eff. 1-1-17.)
(225 ILCS 80/26.13) (from Ch. 111, par. 3926.13)
(Section scheduled to be repealed on January 1, 2027)
Sec. 26.13. Temporary suspension. The Secretary may
temporarily suspend the license of an optometrist without a
hearing, simultaneously with the institution of proceedings
for a hearing provided for in Section 26.2 of this Act, if the
Secretary finds that evidence in the Secretary's his or her
possession indicates that continuation in practice would
constitute an imminent danger to the public. In the event that
the Secretary suspends, temporarily, this license without a
hearing, a hearing by the Department must be held within 30
days after such suspension has occurred, and be concluded
without appreciable delay.
(Source: P.A. 94-787, eff. 5-19-06.)

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(225 ILCS 80/26.14) (from Ch. 111, par. 3926.14)
(Section scheduled to be repealed on January 1, 2027)
Sec. 26.14. Administrative Review Law; venue.
(a) All final administrative decisions of the Department
are subject to judicial review pursuant to the provisions of
the "Administrative Review Law", as amended, and all rules are
adopted pursuant thereto. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, venue shall be Sangamon County.
(Source: P.A. 97-333, eff. 8-12-11.)
Section 35. The Illinois Physical Therapy Act is amended
by changing Section 2 as follows:
(225 ILCS 90/2) (from Ch. 111, par. 4252)
(Section scheduled to be repealed on January 1, 2031)
Sec. 2. Licensure requirement; exempt activities. No
person shall after the date of August 31, 1965 begin to
practice physical therapy in this State or hold oneself out as
being able to practice this profession, unless the person is
licensed as such in accordance with the provisions of this
Act. After July 1, 1991 (the effective date of Public Act
86-1396), no person shall practice or hold oneself out as a

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physical therapist assistant unless the person is licensed as
such under this Act. A physical therapist shall use the
initials "PT" in connection with the physical therapist's name
to denote licensure under this Act, and a physical therapist
assistant shall use the initials "PTA" in connection with the
physical therapist assistant's name to denote licensure under
this Act.
This Act does not prohibit:
(1) Any person licensed in this State under any other
Act from engaging in the practice for which the person is
licensed.
(2) The practice of physical therapy by those persons,
practicing under the supervision of a licensed physical
therapist and who have met all of the qualifications as
provided in Sections 8 and 7, 8.1, and 9 of this Act, until
the next examination is given for physical therapists or
physical therapist assistants and the results have been
received by the Department and the Department has
determined the applicant's eligibility for a license.
Anyone failing to pass said examination shall not again
practice physical therapy until such time as an
examination has been successfully passed by such person.
(3) The practice of physical therapy for a period not
exceeding 6 months by a person who is in this State on a
temporary basis to assist in a case of medical emergency
or to engage in a special physical therapy project, and

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who meets the qualifications for a physical therapist as
set forth in Sections 7 and 8 of this Act and is licensed
in another state as a physical therapist.
(4) Practice of physical therapy by qualified persons
who have filed for endorsement for no longer than one year
or until such time that notification of licensure has been
granted or denied, whichever period of time is lesser.
(5) One or more licensed physical therapists from
forming a professional service corporation under the
provisions of the Professional Service Corporation Act and
licensing such corporation for the practice of physical
therapy.
(6) Physical therapy aides from performing patient
care activities under the on-site supervision of a
licensed physical therapist or licensed physical therapist
assistant. These patient care activities shall not include
interpretation of referrals, evaluation procedures, the
planning of or major modifications of, patient programs.
(7) Physical therapist assistants from performing
patient care activities under the general supervision of a
licensed physical therapist. The physical therapist must
maintain continual contact with the physical therapist
assistant including periodic personal supervision and
instruction to ensure the safety and welfare of the
patient.
(8) The practice of physical therapy by a physical

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therapy student or a physical therapist assistant student
under the on-site supervision of a licensed physical
therapist. The physical therapist shall be readily
available for direct supervision and instruction to ensure
the safety and welfare of the patient.
(9) The practice of physical therapy as part of an
educational program by a physical therapist licensed in
another state or country for a period not to exceed 6
months.
(10) (Blank).
(Source: P.A. 104-154, eff. 1-1-26; 104-417, eff. 8-15-25.)
Section 40. The Boxing and Full-contact Martial Arts Act
is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,
14, 15, 16, 17.7, 17.8, 18, 19, 19.1, 23, 23.1, 24, and 25.1 as
follows:
(225 ILCS 105/1) (from Ch. 111, par. 5001)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1. Short title and definitions.
(a) This Act may be cited as the Boxing and Full-contact
Martial Arts Act.
(b) As used in this Act:
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of Financial and

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Professional Regulation or a person authorized by the
Secretary to act in the Secretary's stead.
"Board" means the State of Illinois Athletic Board.
"License" means the license issued for promoters,
professional contestants, amateur contestants
professionals, amateurs, or professional or amateur
officials in accordance with this Act.
"Contest" means a boxing or full-contact martial arts
competition in which contestants compete against each
other in matched bouts all of the participants competing
against one another are professionals or amateurs and
where the public is able to attend or a fee is charged to
attend.
"Permit" means the authorization from the Department
to a promoter to conduct a contest professional or amateur
contests, or a combination of both.
"Professional promoter Promoter" means a person who is
licensed and who holds a permit to conduct professional or
amateur contests, or a combination of both.
"Amateur promoter" means a person who is licensed and
who holds a permit to conduct amateur contests.
Unless the context indicates otherwise, "person"
includes, but is not limited to, an individual,
association, organization, business entity, gymnasium, or
club.
"Judge" means a person licensed by the Department who

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is located at ringside or adjacent to the fighting area
during a contest and who has the responsibility of scoring
the performance of the contestants participants in that
professional or amateur contest.
"Referee" means a person licensed by the Department
who has the general supervision of and is present inside
of the ring or fighting area during a professional or
amateur contest.
"Amateur contest" means a contest where only amateur
contestants are permitted to compete.
"Amateur contestant" means a contestant person
licensed by the Department who is not competing for, and
has never received or competed for, any purse or other
article of value, directly or indirectly, either for
participating in any contest or for the expenses of
training therefor, other than a non-monetary prize that
does not exceed $50 in value.
"Amateur official" means a referee or judge who is
licensed by the Department to participate as an official
in amateur contests.
"Professional contestant" means a contestant person
licensed by the Department who competes for a money prize,
purse, or other type of compensation in a professional
contest held in Illinois.
"Professional official" means a person who is in the
role of a second, referee, matchmaker, timekeeper, or

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judge who is licensed by the Department and permitted to
participate as an official in any type of contest.
"Professional contest" means a contest where only
professional contestants are permitted to compete or a
contest where both professional contestants and amateur
contestants are permitted to compete.
"Second" means a person licensed by the Department who
is present at any professional or amateur contest to
provide assistance or advice to contestants a professional
during the contest.
"Matchmaker" means a person licensed by the Department
who arranges professional or amateur contestants by record
and skill level for bouts and submits those matches to the
Department for consideration brings together professionals
or amateurs to compete in contests.
"Manager" means a person licensed by the Department
who is not a promoter and who, under contract, agreement,
or other arrangement, undertakes to, directly or
indirectly, control or administer the affairs of
contestants.
"Timekeeper" means a person licensed by the Department
who is the official timer of the length of rounds and the
intervals between the rounds.
"Purse" means the financial guarantee or any other
remuneration for which contestants are participating in a
professional contest.

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"Physician" means a person licensed to practice
medicine in all its branches under the Medical Practice
Act of 1987.
"Martial arts" means a discipline or combination of
different disciplines that utilizes sparring techniques
without the intent to injure, disable, or incapacitate
one's opponent, such as, but not limited to, Karate, Kung
Fu, Jujutsu, and Tae Kwon Do.
"Full-contact martial arts" means the use of a
singular discipline or a combination of techniques from
different disciplines of the martial arts, including,
without limitation, full-force grappling, kicking, and
striking with the intent to injure, disable, or
incapacitate one's opponent.
"Contestant" means a person who competes in either a
boxing or full-contact martial arts contest.
"Address of record" means the designated address
recorded by the Department in the applicant's or
licensee's application file or license file as maintained
by the Department's licensure maintenance unit.
"Bout" means one match between 2 contestants.
"Sanctioning body" means an organization approved by
the Department under the requirements and standards stated
in this Act and the rules adopted under this Act to act as
a governing body that sanctions professional or amateur
full-contact martial arts contests.

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"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file as
maintained by the Department's licensure maintenance unit.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/2) (from Ch. 111, par. 5002)
(Section scheduled to be repealed on January 1, 2027)
Sec. 2. State of Illinois Athletic Board.
(a) The Secretary shall appoint members to the State of
Illinois Athletic Board. The Board shall consist of 7 members
who shall serve in an advisory capacity to the Secretary. One
member of the Board shall be a physician licensed to practice
medicine in all of its branches. One member of the Board shall
be a member of the full-contact martial arts community. One
member of the Board shall be a member of either the
full-contact martial arts community or the boxing community.
(b) Board members shall serve 5-year terms and until their
successors are appointed and qualified.
(c) In appointing members to the Board, the Secretary
shall give due consideration to recommendations by members and
organizations of the martial arts and boxing industry.
(d) The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
(e) No member shall be appointed to the Board for a term
that would cause the member's his or her continuous service on

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the Board to be longer than 2 consecutive 5-year terms.
(f) The Secretary may terminate the appointment of any
member for cause that in the opinion of the Secretary
reasonably justified such termination, which may include, but
is not limited to, a Board member who does not attend 2
consecutive meetings.
(g) Appointments to fill vacancies shall be made in the
same manner as original appointments, for the unexpired
portion of the vacated term.
(h) Four members of the Board shall constitute a quorum. A
quorum is required for Board decisions.
(i) Members of the Board shall have no liability in any
action based upon activity performed in good faith as members
of the Board.
(j) Members of the Board may be reimbursed for all
legitimate, necessary, and authorized expenses.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/5) (from Ch. 111, par. 5005)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5. Powers and duties of the Department. The
Department shall, subject to the provisions of this Act,
exercise the following functions, powers, and duties:
(1) Ascertain the qualifications and fitness of
applicants for licenses license and permits.
(2) Adopt rules required for the administration of

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this Act.
(3) Conduct hearings on proceedings to refuse to
issue, renew, or restore licenses and revoke, suspend,
place on probation, or reprimand those licensed under the
provisions of this Act.
(4) Issue licenses to those who meet the
qualifications of this Act and its rules.
(5) Conduct investigations related to possible
violations of this Act.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/6) (from Ch. 111, par. 5006)
(Section scheduled to be repealed on January 1, 2027)
Sec. 6. Restricted contests and events.
(a) All professional and amateur contests, or a
combination of both, in which physical contact is made are
prohibited in Illinois unless authorized by the Department
pursuant to the requirements and standards stated in this Act
and the rules adopted pursuant to this Act. This subsection
(a) does not apply to any of the following contests or
contestants:
(1) Amateur boxing or full-contact martial arts
contests conducted by accredited secondary schools,
colleges, or universities, although a fee may be charged.
(2) Amateur boxing contests that are sanctioned by USA
Boxing or any other sanctioning body organization approved

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by the Department as determined by rule.
(3) Amateur boxing contests conducted by a State,
county, or municipal entity, including those events held
by any agency organized under these entities.
(4) Amateur martial arts contests that are not defined
as full-contact martial arts contests under this Act.
(5) Full-contact martial arts contests, as defined by
this Act, that are recognized by the International Olympic
Committee or are contested in the Olympic Games and are
not conducted in an enclosed fighting area or ring.
No other amateur boxing or full-contact martial arts
contests are shall be permitted unless authorized by the
Department.
(b) The Department shall have the authority to determine
whether a professional or amateur contest is exempt for
purposes of this Section.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/7) (from Ch. 111, par. 5007)
(Section scheduled to be repealed on January 1, 2027)
Sec. 7. Authorization to conduct contests; sanctioning
bodies.
(a) In order to conduct a professional contest, an amateur
contest, or a combination of both, in this State, a promoter
shall obtain a permit issued by the Department in accordance
with this Act and the rules and regulations adopted pursuant

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thereto. This permit shall authorize one or more professional
or amateur contests, or a combination of both.
(b) Pursuant to rules adopted by the Department Before
January 1, 2023, amateur boxing full-contact martial arts
contests must have a permit issued by the Department be
registered and be sanctioned by a sanctioning body approved by
the Department for that purpose under the requirements and
standards stated in this Act and the rules adopted under this
Act.
(c) A On and after January 1, 2023, a promoter for an
amateur full-contact martial arts contest shall obtain a
permit issued by the Department under the requirements and
standards set forth in this Act and the rules adopted under
this Act.
(d) The On and after January 1, 2023, the Department shall
not approve any sanctioning body for amateur full-contact
martial arts contests. A sanctioning body's approval by the
Department for amateur full-contact martial arts contests that
was received before the effective date of this amendatory Act
of the 104th General Assembly before January 1, 2023 is
withdrawn on January 1, 2023.
(e) A permit issued under this Act is not transferable.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/8) (from Ch. 111, par. 5008)
(Section scheduled to be repealed on January 1, 2027)

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Sec. 8. Permits.
(a) A promoter who desires to obtain a permit to conduct a
professional or amateur contest, or a combination of both,
shall apply to the Department at least 30 calendar days prior
to the event, in writing or electronically, on forms
prescribed by the Department. The application shall be
accompanied by the required fee and shall contain, but not be
limited to, the following information to be submitted at times
specified by rule:
(1) the legal names and addresses of the promoter;
(2) the name of the matchmaker;
(3) the time and exact location of the professional or
amateur contest, or a combination of both. It is the
responsibility of the promoter to ensure that the building
to be used for the event complies with all laws,
ordinances, and regulations in the city, town, village, or
county where the contest is to be held;
(4) the signed and executed copy of the event venue
lease agreement; and
(5) the initial list of names of the professionals or
amateurs competing subject to Department approval.
(b) The Department may issue a permit to any promoter who
meets the requirements of this Act and the rules. The permit
shall only be issued for a specific date and location of a
professional or amateur contest, or a combination of both, and
shall not be transferable. The Department may allow a promoter

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to amend a permit application to hold a professional or
amateur contest, or a combination of both, in a different
location other than the application specifies if all
requirements of this Section are met, waiving the 30-day
provision of subsection (a).
(c) The Department shall be responsible for assigning the
judges, timekeepers, referees, and physicians for a
professional contest, an amateur contest, or a combination of
both. The Department may, at its sole discretion, permit a
promoter to assign a physician to a contest. Compensation
shall be determined by the Department, and it shall be the
responsibility of the promoter to pay the individuals
utilized.
(d) The promoter shall submit the following documents to
the Department at times specified by rule:
(1) proof of adequate security measures, as determined
by rule, to ensure the protection of the safety of
contestants and the general public while attending
professional contests, amateur contests, or a combination
of both;
(2) proof of adequate medical supervision, as
determined by rule, to ensure the protection of the health
and safety of contestants professionals or amateurs while
participating in contests;
(3) the complete and final list of names of the
contestants professionals or amateurs competing, subject

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to Department approval, which shall be submitted up to 48
hours prior to the event date specified in the permit;
(4) proof of insurance for not less than $50,000 as
further defined by rule for each contestant professional
or amateur participating in a professional or amateur
contest, or a combination of both; insurance required
under this paragraph shall cover: (i) hospital,
medication, physician, and other such expenses as would
accrue in the treatment of an injury as a result of the
professional or amateur contest; (ii) payment to the
estate of the contestant professional or amateur in the
event of the contestant's his or her death as a result of
the contestant's his or her participation in the
professional or amateur contest; and (iii) accidental
death and dismemberment; the terms of the insurance
coverage shall require the promoter, not the licensed
contestant, to pay the policy deductible for the medical,
surgical, or hospital care of a contestant for injuries a
contestant sustained while engaged in a contest; if a
licensed contestant pays for the medical, surgical, or
hospital care, the insurance proceeds shall be paid to the
contestant or the contestant's his or her beneficiaries as
reimbursement for such payment;
(5) the amount of the purses to be paid to the
professional contestant professionals for the event as
determined by rule;

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(6) organizational or internationally accepted rules,
per discipline, for professional or amateur full-contact
martial arts contests if the Department does not provide
the rules for Department approval; and
(7) any other information the Department may require,
as determined by rule, to issue a permit.
(e) If the accuracy, relevance, or sufficiency of any
submitted documentation is questioned by the Department
because of lack of information, discrepancies, or conflicts in
information given or a need for clarification, the promoter
seeking a permit may be required to provide additional
information.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/10) (from Ch. 111, par. 5010)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Who must be licensed.
(a) In order to participate in contests the following
persons must each be licensed and in good standing with the
Department:
(1) professional contestants and amateur contestants;
(2) seconds for professional contests;
(3) referees for professional and amateur contests;
(4) judges for professional and amateur contests;
(5) managers for professional contests;
(6) matchmakers for professional contests; and

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(7) timekeepers for professional contests.
Seconds, managers, matchmakers, and timekeepers
participating in amateur contests are not required to be
licensed. (a) professionals and amateurs, (b) seconds, (c)
referees, (d) judges, (e) managers, (f) matchmakers, and (g)
timekeepers.
(b) In order to hold a contest participate in professional
or amateur contests or a combination of both, promoters must
be licensed and in good standing with the Department.
(c) Announcers may participate in professional or amateur
contests, or a combination of both, without being licensed
under this Act. It shall be the responsibility of the promoter
to ensure that announcers comply with the Act, and all rules
and regulations promulgated pursuant to this Act.
(d) A licensed promoter may not act as, and cannot be
licensed as, a second, contestant professional, referee,
timekeeper, judge, or manager. If the promoter he or she is so
licensed, the promoter he or she must relinquish any of these
licenses to the Department for cancellation. A person
possessing a valid promoter's license may act as a matchmaker.
(e) (Blank). Participants in amateur full-contact martial
arts contests taking place before January 1, 2023 are not
required to obtain licenses by the Department, except for
promoters of amateur contests.
(Source: P.A. 102-20, eff. 1-1-22.)

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(225 ILCS 105/11) (from Ch. 111, par. 5011)
(Section scheduled to be repealed on January 1, 2027)
Sec. 11. Qualifications for license. The Department shall
grant licenses to the following persons if the following
qualifications are met:
(1) An applicant for licensure as a professional or
amateur must: (1) be 18 years old, (2) be of good moral
character, (3) file an application stating the applicant's
legal name (and no assumed or ring name may be used unless
such name is registered with the Department along with the
applicant's legal name), date of birth, place of current
residence, and a sworn statement that the applicant he or
she is not currently in violation of any federal, State or
local laws or rules governing boxing or full-contact
martial arts, (4) file a certificate from a physician
licensed to practice medicine in all of its branches which
attests that the applicant is physically fit and qualified
to participate in professional or amateur contests, and
(5) pay the required fee and meet any other requirements
as determined by rule. Applicants over age 35 who have not
competed in a professional or amateur contest within the
12 months preceding their application for licensure or
have insufficient experience to participate in a
professional or amateur contest may be required to appear
before the Department to determine their fitness to
participate in a professional or amateur contest.

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(2) An applicant for licensure as a referee, judge,
manager, second, matchmaker, or timekeeper must: (1) be of
good moral character, (2) file an application stating the
applicant's name, date of birth, and place of current
residence along with a certifying statement that the
applicant he or she is not currently in violation of any
federal, State, or local laws or rules governing boxing,
or full-contact martial arts, (3) have had satisfactory
experience in the applicant's his or her field as defined
by rule, (4) pay the required fee, and (5) meet any other
requirements as determined by rule.
(3) An applicant for licensure as a promoter must: (1)
be of good moral character, (2) file an application with
the Department stating the applicant's name, date of
birth, place of current residence along with a certifying
statement that the applicant he or she is not currently in
violation of any federal, State, or local laws or rules
governing boxing or full-contact martial arts, (3) pay the
required fee and meet any other requirements as
established by rule, and (4) in addition to the foregoing,
an applicant for licensure as a promoter of professional
or amateur contests or a combination of both professional
and amateur bouts in one contest shall also provide (i)
proof of a surety bond of no less than $5,000 to cover
financial obligations under this Act, payable to the
Department and conditioned for the payment of the tax

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imposed by this Act and compliance with this Act, and the
rules adopted under this Act, and (ii) a $10,000
performance bond guaranteeing payment of all obligations
relating to the promotional activities payable to the
Department and conditioned for the payment of the tax
imposed by this Act and its rules.
(4) All applicants shall submit an application to the
Department, in writing or electronically, on forms
prescribed by the Department, containing such information
as determined by rule.
In determining good moral character, the Department may
take into consideration any violation of any of the provisions
of Section 16 of this Act as to referees, judges, managers,
matchmakers, timekeepers, or promoters and any felony
conviction of the applicant, but such a conviction shall not
operate as a bar to licensure. No license issued under this Act
is transferable.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/12) (from Ch. 111, par. 5012)
(Section scheduled to be repealed on January 1, 2027)
Sec. 12. Contests Professional or amateur contests.
(a) A The professional or amateur contest, or a
combination of both, shall be held in an area where adequate
neurosurgical facilities are immediately available for skilled
emergency treatment of an injured contestant professional or

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amateur.
(b) Each contestant professional or amateur shall be
examined before the contest and promptly after each bout by a
physician. The physician shall determine, prior to the
contest, if each contestant professional or amateur is
physically fit to compete in the contest. After the bout the
physician shall examine the contestant professional or amateur
to determine possible injury. If the contestant's
professional's or amateur's physical condition so indicates,
the physician shall recommend to the Department immediate
medical suspension. The physician or a licensed paramedic must
check the vital signs of all contestants as established by
rule.
(c) The physician may, at any time during the professional
or amateur bout, stop the professional or amateur bout to
examine a professional or amateur contestant and may direct
the referee to terminate the bout when, in the physician's
opinion, continuing the bout could result in serious injury to
the contestant professional or amateur. If the contestant's
professional's or amateur's physical condition so indicates,
the physician shall recommend to the Department immediate
medical suspension. The physician shall certify to the
condition of the contestant professional or amateur in
writing, over the physician's his or her signature on forms
prescribed by the Department. Such reports shall be submitted
to the Department in a timely manner.

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(d) No professional or amateur contest, or a combination
of both, shall be allowed to begin or be held unless at least
one physician, at least one EMT and one paramedic, and one
ambulance have been contracted with solely for the care of
contestants professionals or amateurs who are competing as
defined by rule.
(e) No professional boxing bout shall be more than 12
rounds in length. The rounds shall not be more than 3 minutes
each with a minimum one-minute interval between them. , and no
(e-5) No contestant professional boxer shall be permitted
allowed to participate in more than one contest within a 7-day
period determined by rule.
(e-10) The number and length of rounds for all other
full-contact martial arts bouts professional or amateur boxing
or full-contact martial arts contests, or a combination of
both, shall be determined by rule.
(f) The number and types of amateur or professional
officials required for each professional or amateur contest,
or a combination of both, shall be determined by the
Department based on how many bouts are to be held at the
contest rule.
(g) The Department or its representative shall have
discretion to declare a price, remuneration, or purse or any
part of it belonging to the professional withheld if in the
judgment of the Department or its representative the
professional is not honestly competing.

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(h) The Department shall have the authority to prevent a
professional or amateur contest, or a combination of both,
from being held and shall have the authority to stop a
professional or amateur contest, or a combination of both, for
noncompliance with any part of this Act or rules or when, in
the judgment of the Department, or its representative,
continuation of the event would endanger the health, safety,
and welfare of the professionals or amateurs or spectators.
The Department's authority to stop a contest on the basis that
the professional or amateur contest, or a combination of both,
would endanger the health, safety, and welfare of the
professionals or amateurs or spectators shall extend to any
professional or amateur contest, or a combination of both,
regardless of whether that amateur contest is exempted from
the prohibition in Section 6 of this Act.
(i) A professional contestant shall only compete against
another professional contestant. An amateur contestant shall
only compete against another amateur contestant. A contest may
involve bouts between professional contestants and bouts
between amateur contestants, but a professional contestant
shall not compete against an amateur contestant.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/14) (from Ch. 111, par. 5014)
(Section scheduled to be repealed on January 1, 2027)
Sec. 14. Failure to report ticket sales and tax. If the

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permit holder fails to make a report as required by Section 13,
or if such report is unsatisfactory, the Department may
examine or cause to be examined the books and records of any
such holder or the holder's his associates or any other person
as a witness under oath to determine the total amount of tax
due under this Act.
If it is determined that there has been a default in the
payment of a tax, the promoter shall be given 20 days' days
notice of the amount due which shall include the expenses
incurred in making the examination.
If the promoter does not pay the amount due, the promoter
he shall be disqualified from obtaining a permit under this
Act and the Attorney General shall institute suit upon the
bond filed pursuant to this Act to recover the tax or penalties
imposed by this Act.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/15) (from Ch. 111, par. 5015)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Inspectors. The Secretary may appoint inspectors
to assist the Department staff in the administration of the
Act. Each inspector appointed by the Secretary shall receive
compensation for each day the inspector he or she is engaged in
the transacting of business of the Department. The inspector
or inspectors shall supervise each professional contest,
amateur contest, or combination of both and, at the

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Department's discretion, may supervise any contest to ensure
that the provisions of the Act are strictly enforced.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/16) (from Ch. 111, par. 5016)
(Section scheduled to be repealed on January 1, 2027)
Sec. 16. Discipline and sanctions.
(a) The Department may refuse to issue a permit or license
or refuse to renew, suspend, revoke, reprimand, place on
probation, or take such other disciplinary or non-disciplinary
action as the Department may deem proper, including the
imposition of fines not to exceed $10,000 for each violation,
with regard to any permit or license for one or any combination
of the following reasons:
(1) gambling, betting, or wagering on the result of or
a contingency connected with a professional or amateur
contest, or a combination of both, or permitting such
activity to take place;
(2) participating in or permitting a sham or fake
professional or amateur contest, or a combination of both;
(3) holding the professional or amateur contest, or a
combination of both, at any other time or place than is
stated on the permit application;
(4) permitting any contestant professional or amateur
other than those stated on the permit application to
participate in a professional or amateur contest, or a

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combination of both, except as provided in Section 9;
(5) violation or aiding in the violation of any of the
provisions of this Act or any rules or regulations
promulgated thereto;
(6) violation of any federal, State, or local laws of
the United States or other jurisdiction governing
professional or amateur contests or any regulation
promulgated pursuant thereto;
(7) charging a greater rate or rates of admission than
is specified on the permit application;
(8) failure to obtain all the necessary permits or
licenses as required under this Act;
(9) failure to file the necessary bond or to pay the
gross receipts or broadcast tax as required by this Act;
(10) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public, or which is detrimental to
honestly conducted contests;
(11) employment of fraud, deception or any unlawful
means in applying for or securing a permit or license
under this Act;
(12) permitting a physician making the physical
examination to knowingly certify falsely to the physical
condition of a contestant professional or amateur;
(13) permitting professional professionals or amateur
contestants amateurs of widely disparate weights or

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abilities to engage in professional or amateur contests,
respectively;
(14) participating in a contest while under medical
suspension in this State or in any other state, territory
or country;
(15) physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skills which results in the inability to participate in
contests with reasonable judgment, skill, or safety;
(16) allowing one's license or permit issued under
this Act to be used by another person;
(17) failing, within 30 days a reasonable time, to
provide any information requested by the Department as a
result of a formal or informal complaint;
(18) professional incompetence;
(19) failure to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such
tax Act are satisfied;
(20) (blank);
(21) habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an inability to participate
in an event;

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(22) failure to stop a professional or amateur
contest, or a combination of both, when requested to do so
by the Department;
(23) failure of a promoter to adequately supervise and
enforce this Act and its rules as applicable to amateur
contests, as set forth in rule; or
(24) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(b) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the licensee is no
longer subject to involuntary admission or judicial admission,
issuance of an order so finding and discharging the licensee.
(c) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians or
clinical psychologists shall be those specifically designated
by the Department. The Department may order the examining
physician or clinical psychologist to present testimony
concerning this mental or physical examination of the licensee

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or applicant. No information shall be excluded by reason of
any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician or clinical psychologist. Eye examinations
may be provided by a physician licensed to practice medicine
in all of its branches or a licensed and certified therapeutic
optometrist. The individual to be examined may have, at the
individual's his or her own expense, another physician of the
individual's his or her choice present during all aspects of
the examination. Failure of any individual to submit to a
mental or physical examination, when directed, shall be
grounds for suspension or revocation of a license.
(d) A contestant who tests positive for a banned
substance, as defined by rule, shall have the contestant's his
or her license immediately suspended. The license shall be
subject to other discipline as authorized in this Section.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/17.7)
(Section scheduled to be repealed on January 1, 2027)
Sec. 17.7. Restoration of license from discipline.
(a) At any time after the successful completion of a term
of indefinite probation, suspension, or revocation of a
license under this Act, the Department may restore the license
to the licensee unless, after an investigation and a hearing,
the Secretary determines that restoration is not in the public

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interest.
(b) If circumstances of suspension or revocation so
indicate, the Department may require an examination of the
licensee prior to restoring the licensee's his or her license.
(c) No person whose license has been revoked as authorized
in this Act may apply for restoration of that license until
allowed under the Civil Administrative Code of Illinois.
(d) A license that has been suspended or revoked shall be
considered nonrenewed for purposes of restoration under this
Section and a licensee restoring the licensee's his or her
license from suspension or revocation must comply with the
requirements for renewal as set forth in this Act and its
rules.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/17.8)
(Section scheduled to be repealed on January 1, 2027)
Sec. 17.8. Surrender of license. Upon the revocation or
suspension of a license, the licensee shall immediately
surrender the licensee's his or her license to the Department.
If the licensee fails to do so, the Department has the right to
seize the license.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/18) (from Ch. 111, par. 5018)
(Section scheduled to be repealed on January 1, 2027)

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Sec. 18. Investigations; notice and hearing.
(a) The Department may investigate the actions of any
applicant or of any person or entity holding or claiming to
hold a license under this Act.
(b) The Department shall, before disciplining an applicant
or licensee, at least 30 days prior to the date set for the
hearing: (i) notify, in writing, the accused of the charges
made and the time and place for the hearing on the charges;
(ii) direct the accused him or her to file a written answer to
the charges, under oath, within 20 days after service of the
notice; and (iii) inform the applicant or licensee that
failure to file an answer will result in a default being
entered against the applicant or licensee.
(c) Written or electronic notice, and any notice in the
subsequent proceedings, may be served by personal delivery, by
email, or by mail to the applicant or licensee at the
applicant's or licensee's his or her address of record or
email address of record.
(d) At the time and place fixed in the notice, the hearing
officer appointed by the Secretary shall proceed to hear the
charges, and the parties or their counsel shall be accorded
ample opportunity to present any statement, testimony,
evidence, and argument as may be pertinent to the charges or to
their defense. The hearing officer may continue the hearing
from time to time.
(e) If the licensee or applicant, after receiving the

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notice, fails to file an answer, the license's or applicant's
his or her license may, in the discretion of the Secretary, be
suspended, revoked, or placed on probationary status or be
subject to whatever disciplinary action the Secretary
considers proper, including limiting the scope, nature, or
extent of the person's practice or imposition of a fine,
without hearing, if the act or acts charged constitute
sufficient grounds for the action under this Act.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/19) (from Ch. 111, par. 5019)
(Section scheduled to be repealed on January 1, 2027)
Sec. 19. Hearing; motion for rehearing.
(a) The hearing officer appointed by the Secretary shall
hear evidence in support of the formal charges and evidence
produced by the applicant or licensee. At the conclusion of
the hearing, the hearing officer shall present to the
Secretary a written report of the hearing officer's his or her
findings of fact, conclusions of law, and recommendations.
(b) A copy of the hearing officer's report shall be served
upon the applicant or licensee, either personally or as
provided in this Act for the service of the notice of hearing.
Within 20 calendar days after such service, the applicant or
licensee may present to the Department a motion, in writing,
for a rehearing that shall specify the particular grounds for
rehearing. The Department may respond to the motion for

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rehearing within 20 calendar days after its service on the
Department. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing such a motion, or
upon denial of a motion for rehearing, the Secretary may enter
an order in accordance with the recommendations of the hearing
officer. If the applicant or licensee orders from the
reporting service and pays for a transcript of the record
within the time for filing a motion for rehearing, the 20
calendar day period within which a motion may be filed shall
commence upon delivery of the transcript to the applicant or
licensee.
(c) If the Secretary disagrees in any regard with the
report of the hearing officer, the Secretary may issue an
order contrary to the report.
(d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
hearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary
proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final
upon signature of the Secretary.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 19.1. Hearing officer. Notwithstanding any provision

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of this Act, the Secretary has the authority to appoint an
attorney duly licensed to practice law in the State of
Illinois to serve as the hearing officer in any action for
refusal to issue or renew a license or discipline a license.
The hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report the hearing
officer's his or her findings of fact, conclusions of law, and
recommendations to the Secretary.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/23) (from Ch. 111, par. 5023)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23. Fees.
(a) The fees for the administration and enforcement of
this Act, including, but not limited to, original licensure,
renewal, and restoration shall be set by rule. The fees shall
not be refundable. All of the fees, taxes, and fines collected
under this Act shall be deposited into the General Professions
Dedicated Fund.
(b) (Blank). Before January 1, 2023, there shall be no
fees for amateur full-contact martial arts events; except that
until January 1, 2023, the applicant fees for promoters of
amateur events where only amateur bouts are held shall be
$300.
(Source: P.A. 102-20, eff. 1-1-22.)

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(225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23.1. Returned checks; fines. Any person who delivers
a check or other payment to the Department that is returned to
the Department unpaid by the financial institution upon which
it is drawn shall pay to the Department, in addition to the
amount already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the
Department by certified check or money order within 30
calendar days of the notification. If, after the expiration of
30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or deny the
application, without hearing. If, after termination or denial,
the person seeks a license, the person he or she shall apply to
the Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The Department
may establish a fee for the processing of an application for
restoration of a license to pay all expenses of processing
this application. The Secretary may waive the fines due under
this Section in individual cases where the Secretary finds
that the fines would be unreasonable or unnecessarily
burdensome.

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(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/24) (from Ch. 111, par. 5024)
(Section scheduled to be repealed on January 1, 2027)
Sec. 24. Unlicensed practice; violations; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself himself or herself out as being
able to engage in practices requiring a license under this Act
without being licensed or exempt under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $10,000
for each offense, as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing is
held in accordance with the provision set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee.
(b) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
executed thereon in the same manner as any judgment from any
court of record.
(d) A person or entity not licensed under this Act who has
violated any provision of this Act or its rules is guilty of a
Class A misdemeanor for the first offense and a Class 4 felony

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for a second and subsequent offenses.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 105/25.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25.1. Medical suspension.
(a) A licensee who is determined by the examining
physician or Department to be unfit to compete or officiate
shall be prohibited from participating in a contest in
Illinois and, if actively licensed, shall be medically
suspended until it is shown that the licensee he or she is fit
for further competition or officiating.
(b) If the referee has stopped the bout or rendered a
decision of technical knockout against a contestant
professional or amateur, the contestant professional or
amateur shall be medically suspended immediately for a period
of not less than 30 days.
(c) In a full-contact martial arts contest, if the
contestant professional or amateur has tapped out, has
submitted, or the referee has stopped the bout, the
Department, in consultation with the ringside physician, shall
determine the length of suspension.
(d) If the contestant professional or amateur has been
knocked unconscious, the contestant he or she shall be
medically suspended immediately for a period of not less than
45 days.

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(e) A contestant licensee may receive a medical suspension
for any injury sustained as a result of a bout that shall not
be less than 7 days.
(f) A contestant licensee may receive additional terms and
conditions for a medical suspension beyond a prescribed
passage of time as authorized under this Section.
(g) If a contestant licensee receives a medical suspension
that includes terms and conditions in addition to the
prescribed passage of time as authorized under this Section,
before the removal of the medical suspension, a licensee
shall:
(1) satisfactorily pass a Department-prescribed
medical examination;
(2) provide those examination results to the
Department;
(3) provide any additional requested documentation as
directed by the licensee's examining physician or
Department where applicable; and
(4) if the licensee's examining physician requires any
necessary additional medical procedures during the
examination related to the injury that resulted in the
medical suspension, those results shall be provided to the
Department.
(h) Any medical suspension imposed as authorized under
this Act upon against a contestant licensee shall be reported
to the Department's record keeper as determined by rule.

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(i) A medical suspension as authorized under this Section
shall not be considered a suspension under Section 16 of this
Act. A violation of the terms of a medical suspension
authorized under this Section shall subject a licensee to
discipline under Section 16 of this Act.
(j) A professional or amateur contestant who has been
placed on medical suspension under the laws of another state,
the District of Columbia, or a territory of the United States
for substantially similar reasons as this Section shall be
prohibited from participating in a contest as authorized under
this Act until the requirements of subsection (g) of this
Section have been met or the medical suspension has been
removed by that jurisdiction.
(k) A medical suspension authorized under this Section
shall begin the day after the bout a licensee participated in.
(Source: P.A. 102-20, eff. 1-1-22.)
Section 45. The Sex Offender Evaluation and Treatment
Provider Act is amended by changing Sections 10, 30, 35, 40,
45, 50, 65, 75, 85, 90, 95, 100, 105, 110, 115, 125, 130, 135,
and 145 and by adding Section 10.5 as follows:
(225 ILCS 109/10)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application

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file or license file maintained by the Department's licensure
maintenance unit.
"Associate sex offender provider" means a person licensed
under this Act to conduct sex offender evaluations or provide
sex offender treatment services under the supervision of a
licensed sex offender evaluator or a licensed sex offender
treatment provider.
"Board" means the Sex Offender Evaluation and Treatment
Licensing and Disciplinary Board.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Licensee" means a person who has obtained a license under
this Act.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Sex offender evaluation" means a sex-offender specific
evaluation that systematically uses a variety of standardized
measurements, assessments and information gathered
collaterally and through face-to-face interviews. Sex-offender
specific evaluations assess risk to the community; identify
and document treatment and developmental needs, including safe
and appropriate placement settings; determine amenability to

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treatment; and are the foundation of treatment, supervision,
and placement recommendations.
"Sex offender evaluator" means a person licensed under
this Act to conduct sex offender evaluations.
"Sex offender treatment" means a comprehensive set of
planned therapeutic interventions and experiences to reduce
the risk of further sexual offending and abusive behaviors by
the offender. Treatment may include adjunct therapies to
address the unique needs of the individual, but must include
offense specific services by a treatment provider who meets
the qualifications in Section 30 of this Act. Treatment
focuses on the situations, thoughts, feelings, and behavior
that have preceded and followed past offending (abuse cycles)
and promotes change in each area relevant to the risk of
continued abusive, offending, or deviant sexual behaviors. Due
to the heterogeneity of the persons who commit sex offenses,
treatment is provided based on the individualized evaluation
and assessment. Treatment is designed to stop sex offending
and abusive behavior, while increasing the offender's ability
to function as a healthy, pro-social member of the community.
Progress in treatment is measured by change rather than the
passage of time.
"Sex offender treatment provider" means a person licensed
under this Act to provide sex offender treatment.
(Source: P.A. 97-1098, eff. 7-1-13.)

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(225 ILCS 109/10.5 new)
Sec. 10.5. Address of record; email address of record. All
applicants and licensees shall:
(1) Provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) Inform the Department of any change of address of
record or email address of record within 14 days after
such change, either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 109/30)
Sec. 30. Social Security Number or individual taxpayer
identification number on license application. In addition to
any other information required to be contained in the
application, every application for an original, renewal,
reinstated, or restored license under this Act shall include
the applicant's Social Security number or individual taxpayer
identification number.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/35)
Sec. 35. Qualifications for licensure.
(a)(1) A person is qualified for licensure as a sex
offender evaluator if that person:

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(A) has applied in writing on forms prepared and
furnished by the Department;
(B) has not engaged or is not engaged in any practice
or conduct that would be grounds for disciplining a
licensee under Section 75 of this Act; and
(C) satisfies the licensure and experience
requirements of paragraph (2) of this subsection (a).
(2) A person who applies to the Department shall be issued
a sex offender evaluator license by the Department if the
person meets the qualifications set forth in paragraph (1) of
this subsection (a) and provides evidence to the Department
that the person:
(A) is a physician licensed to practice medicine in
all of its branches under the Medical Practice Act of 1987
or licensed under the laws of another state; an advanced
practice registered nurse with psychiatric specialty
licensed under the Nurse Practice Act or licensed under
the laws of another state; a clinical psychologist
licensed under the Clinical Psychologist Licensing Act or
licensed under the laws of another state; a licensed
clinical social worker licensed under the Clinical Social
Work and Social Work Practice Act or licensed under the
laws of another state; a licensed clinical professional
counselor licensed under the Professional Counselor and
Clinical Professional Counselor Licensing and Practice Act
or licensed under the laws of another state; or a licensed

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marriage and family therapist licensed under the Marriage
and Family Therapy Licensing Act or licensed under the
laws of another state;
(B) has 400 hours of supervised experience in the
treatment or evaluation of sex offenders in the last 4
years, at least 200 of which are face-to-face therapy or
evaluation with sex offenders;
(C) has completed at least 10 sex offender evaluations
under supervision in the past 4 years; and
(D) has at least 40 hours of documented training in
the specialty of sex offender evaluation, treatment, or
management.
Until January 1, 2015, the requirements of subparagraphs
(B) and (D) of paragraph (2) of this subsection (a) are
satisfied if the applicant has been listed on the Sex Offender
Management Board's Approved Provider List for a minimum of 2
years before application for licensure. Until January 1, 2015,
the requirements of subparagraph (C) of paragraph (2) of this
subsection (a) are satisfied if the applicant has completed at
least 10 sex offender evaluations within the 4 years before
application for licensure.
(b)(1) A person is qualified for licensure as a sex
offender treatment provider if that person:
(A) has applied in writing on forms prepared and
furnished by the Department;
(B) has not engaged or is not engaged in any practice

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or conduct that would be grounds for disciplining a
licensee under Section 75 of this Act; and
(C) satisfies the licensure and experience
requirements of paragraph (2) of this subsection (b).
(2) A person who applies to the Department shall be issued
a sex offender treatment provider license by the Department if
the person meets the qualifications set forth in paragraph (1)
of this subsection (b) and provides evidence to the Department
that the person:
(A) is a physician licensed to practice medicine in
all of its branches under the Medical Practice Act of 1987
or licensed under the laws of another state; an advanced
practice registered nurse with psychiatric specialty
licensed under the Nurse Practice Act or licensed under
the laws of another state; a clinical psychologist
licensed under the Clinical Psychologist Licensing Act or
licensed under the laws of another state; a licensed
clinical social worker licensed under the Clinical Social
Work and Social Work Practice Act or licensed under the
laws of another state; a licensed clinical professional
counselor licensed under the Professional Counselor and
Clinical Professional Counselor Licensing and Practice Act
or licensed under the laws of another state; or a licensed
marriage and family therapist licensed under the Marriage
and Family Therapy Licensing Act or licensed under the
laws of another state;

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(B) has 400 hours of supervised experience in the
treatment of sex offenders in the last 4 years, at least
200 of which are face-to-face therapy with sex offenders;
and
(C) has at least 40 hours documented training in the
specialty of sex offender evaluation, treatment, or
management.
Until January 1, 2015, the requirements of subparagraphs
(B) and (C) of paragraph (2) of this subsection (b) are
satisfied if the applicant has been listed on the Sex Offender
Management Board's Approved Provider List for a minimum of 2
years before application.
(c)(1) A person is qualified for licensure as an associate
sex offender provider if that person:
(A) has applied in writing on forms prepared and
furnished by the Department;
(B) has not engaged or is not engaged in any practice
or conduct that would be grounds for disciplining a
licensee under Section 75 of this Act; and
(C) satisfies the education and experience
requirements of paragraph (2) of this subsection (c).
(2) A person who applies to the Department shall be issued
an associate sex offender provider license by the Department
if the person meets the qualifications set forth in paragraph
(1) of this subsection (c) and provides evidence to the
Department that the person holds a master's degree or higher

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in social work, psychology, marriage and family therapy,
counseling or closely related behavioral science degree, or
psychiatry.
(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)
(225 ILCS 109/40)
Sec. 40. Application; exemptions.
(a) No person may act as a sex offender evaluator, sex
offender treatment provider, or associate sex offender
provider as defined in this Act for the provision of sex
offender evaluations or sex offender treatment pursuant to the
Sex Offender Management Board Act, the Sexually Dangerous
Persons Act, or the Sexually Violent Persons Commitment Act
unless the person is licensed to do so by the Department. Any
evaluation or treatment services provided by a licensed health
care professional not licensed under this Act shall not be
valid under the Sex Offender Management Board Act, the
Sexually Dangerous Persons Act, or the Sexually Violent
Persons Commitment Act. No business shall provide, attempt to
provide, or offer to provide sex offender evaluation services
unless it is organized under the Professional Service
Corporation Act, the Medical Corporation Act, or the
Professional Limited Liability Company Act.
(b) Nothing in this Act shall be construed to require any
licensed physician, advanced practice registered nurse,
physician assistant, or other health care professional to be

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licensed under this Act for the provision of services for
which the person is otherwise licensed. This Act does not
prohibit a person licensed under any other Act in this State
from engaging in the practice for which the person he or she is
licensed. This Act only applies to the provision of sex
offender evaluations or sex offender treatment provided for
the purposes of complying with the Sex Offender Management
Board Act, the Sexually Dangerous Persons Act, or the Sexually
Violent Persons Commitment Act.
(Source: P.A. 99-227, eff. 8-3-15; 100-513, eff. 1-1-18.)
(225 ILCS 109/45)
Sec. 45. License renewal; restoration.
(a) The expiration date and renewal period for a license
issued under this Act shall be set by rule. The holder of a
license under this Act may renew that license during the
90-day 90 day period immediately preceding the expiration date
upon payment of the required renewal fees and demonstrating
compliance with any continuing education requirements. The
Department shall adopt rules establishing minimum requirements
of continuing education and means for verification of the
completion of the continuing education requirements. The
Department may, by rule, specify circumstances under which the
continuing education requirements may be waived.
(b) A licensee who has permitted the licensee's his or her
license to expire or who has had the licensee's his or her

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license on inactive status may have the his or her license
restored by making application to the Department and filing
proof acceptable to the Department, as defined by rule, of the
licensee's his or her fitness to have the his or her license
restored, including evidence certifying to active practice in
another jurisdiction satisfactory to the Department and by
paying the required restoration fee.
(c) A licensee whose license expired while the licensee he
or she was (1) in Federal Service on active duty with the Armed
Forces of the United States, or the State Militia called into
service or training, or (2) in training or education under the
supervision of the United States preliminary to induction into
the military service, may have the his or her license renewed
or restored without paying any lapsed renewal fees if within 2
years after honorable termination of service, training or
education, the licensee he or she furnishes the Department
with satisfactory evidence to the effect that the licensee he
or she has been so engaged and that the licensee's his or her
service, training or education has been terminated.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/50)
Sec. 50. Inactive status.
(a) A licensee who notifies the Department in writing on
forms prescribed by the Department may elect to place the
licensee's his or her license on an inactive status and shall,

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subject to rules of the Department, be excused from payment of
renewal fees until the licensee he or she notifies the
Department in writing of the licensee's his or her intent to
restore the his or her license.
(b) A licensee requesting restoration from inactive status
shall be required to pay the current renewal fee and shall be
required to restore the his or her license as provided in
Section 45 of this Act.
(c) A licensee whose license is in an inactive status
shall not practice in the State of Illinois.
(d) A licensee who provides sex offender evaluation or
treatment services while the licensee's his or her license is
lapsed or on inactive status shall be considered to be
practicing without a license which shall be grounds for
discipline under this Act.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/65)
Sec. 65. Payments; penalty for insufficient funds. A
person who delivers a check or other payment to the Department
that is returned to the Department unpaid by the financial
institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act prohibiting unlicensed practice or practice on a

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nonrenewed license. The Department shall notify the person
that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days
after notification. If after the expiration of 30 days from
the date of the notification the person has failed to submit
the necessary remittance, the Department shall automatically
terminate the license or deny the application without hearing.
If after termination or denial the person seeks a license, the
person he or she shall apply to the Department for restoration
or issuance of the license and pay all fees and fines due to
the Department. The Department may establish a fee for the
processing of an application for restoration of a license to
pay all expenses of processing the application. The Secretary
may waive the fines due under this Section in individual cases
where the Secretary finds that the fines would be unreasonable
or unnecessarily burdensome.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/75)
Sec. 75. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action, as the Department
considers appropriate, including the imposition of fines not
to exceed $10,000 for each violation, with regard to any
license or licensee for any one or more of the following:

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(1) violations of this Act or of the rules adopted
under this Act;
(2) discipline by the Department under other state law
and rules which the licensee is subject to;
(3) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing for any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession;
(4) professional incompetence;
(5) advertising in a false, deceptive, or misleading
manner;
(6) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
provide sex offender evaluation or treatment services
contrary to any rules or provisions of this Act;
(7) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or
sexual exploitation, related to the licensee's practice;
(8) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;

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(9) practicing or offering to practice beyond the
scope permitted by law or accepting and performing
professional responsibilities which the licensee knows or
has reason to know that the licensee he or she is not
competent to perform;
(10) knowingly delegating professional
responsibilities to a person unqualified by training,
experience, or licensure to perform;
(11) failing to provide information in response to a
written request made by the Department within 60 days;
(12) having a habitual or excessive use of or
addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug which results in the inability to
practice with reasonable judgment, skill, or safety;
(13) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(14) discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section;
(15) a finding by the Department that the licensee,
after having the licensee's his or her license placed on
probationary status, has violated the terms of probation;
(16) willfully making or filing false records or

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reports in the licensee's his or her practice, including,
but not limited to, false records filed with State
agencies or departments;
(17) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(18) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(19) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, or a mental illness or disability;
(20) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered; or
(21) practicing under a false or, except as provided
by law, an assumed name.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax return, or

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to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Civil Administrative Code of Illinois.
(c) (Blank).
(d) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(e) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(f) In enforcing this Act, the Department or Board, upon a

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showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physician shall be specifically designated by the
Board or Department. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of this examination. The
examination shall be performed by a physician licensed to
practice medicine in all its branches. Failure of an
individual to submit to a mental or physical examination, when
directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited
to, deterioration through the aging process or loss of motor
skill, is unable to practice the profession with reasonable
judgment, skill, or safety, may be required by the Department
to submit to care, counseling, or treatment by physicians

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approved or designated by the Department as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and subject to
action under this Section shall be afforded an opportunity to
demonstrate to the Department or Board that he or she can
resume practice in compliance with acceptable and prevailing
standards under the provisions of his or her license.

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(Source: P.A. 100-872, eff. 8-14-18; 101-81, eff. 7-12-19.)
(225 ILCS 109/85)
Sec. 85. Violations; injunctions; cease and desist order.
(a) If a person violates a provision of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General, petition for an order
enjoining the violation or for an order enforcing compliance
with this Act. Upon the filing of a verified petition in court,
the court may issue a temporary restraining order, without
notice or bond, and may preliminarily and permanently enjoin
the violation. If it is established that the person has
violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this
Section are in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) If a person engages in sex offender evaluation or
treatment or holds oneself himself or herself out as licensee
without having a valid license under this Act, then any
licensee, any interested party or any person injured thereby
may, in addition to the Secretary, petition for relief as
provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department a person has
violated any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person him or her. The rule shall

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clearly set forth the grounds relied upon by the Department
and shall provide a period of 7 days from the date of the rule
to file an answer to the satisfaction of the Department.
Failure to answer to the satisfaction of the Department shall
cause an order to cease and desist to be issued immediately.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/90)
Sec. 90. Unlicensed practice; violation; civil penalty.
(a) A person who holds oneself himself or herself out to
practice as a licensee without being licensed under this Act
shall, in addition to any other penalty provided by law, pay a
civil penalty to the Department in an amount not to exceed
$10,000 for each offense, as determined by the Department. The
civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions of this Act
regarding a hearing for the discipline of a licensee.
(b) The Department may investigate any and all unlicensed
activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 97-1098, eff. 7-1-13.)

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(225 ILCS 109/95)
Sec. 95. Investigation; notice and hearing. The
Department may investigate the actions or qualifications of
any person or persons holding or claiming to hold a license.
Before suspending, revoking, placing on probationary status,
or taking any other disciplinary action as the Department may
deem proper with regard to any license, at least 30 days before
the date set for the hearing, the Department shall (i) notify
the accused in writing of any charges made and the time and
place for a hearing on the charges before the Department
Board, (ii) direct the accused him or her to file a written
answer to the charges with the Department Board under oath
within 20 days after the service on the accused him or her of
the notice, and (iii) inform the accused him or her that if the
accused he or she fails to file an answer, default will be
taken against the accused him or her and the accused's his or
her license may be suspended, revoked, placed on probationary
status, or other disciplinary action taken with regard to the
license, including limiting the scope, nature, or extent of
his or her practice, as the Department may deem proper. In case
the person, after receiving notice, fails to file an answer,
the person's his or her license may, in the discretion of the
Department, be suspended, revoked, placed on probationary
status, or the Department may take whatever disciplinary
action is deemed proper, including limiting the scope, nature,
or extent of the person's practice or the imposition of a fine,

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without a hearing, if the act or acts charged constitute
sufficient grounds for that action under this Act. Written
notice may be served by personal delivery or by registered or
certified mail to the applicant or licensee at the applicant's
or licensee's his or her last address of record with the
Department. In case the person fails to file an answer after
receiving notice, the person's his or her license may, in the
discretion of the Department, be suspended, revoked, or placed
on probationary status, or the Department may take whatever
disciplinary action is deemed proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for that action under
this Act. The written answer shall be served by personal
delivery, certified delivery, or certified or registered mail
to the Department. At the time and place fixed in the notice,
the Department shall proceed to hear the charges and the
parties or their counsel shall be accorded ample opportunity
to present statements, testimony, evidence, and argument as
may be pertinent to the charges or to the defense thereto. The
Department may continue the hearing from time to time. At the
discretion of the Secretary after having first received the
recommendation of the hearing officer Board, the accused
person's license may be suspended or revoked, if the evidence
constitutes sufficient grounds for that action under this Act.
(Source: P.A. 97-1098, eff. 7-1-13.)

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(225 ILCS 109/100)
Sec. 100. Record of proceeding. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case. The notice of hearing, complaint
and all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony,
the report of the hearing officer Board and orders of the
Department shall be in the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105-115 of the Department of
Professional Regulation Law.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/105)
Sec. 105. Subpoenas; oaths; attendance of witnesses. The
Department has the power to subpoena and to bring before it any
person and to take testimony either orally or by deposition,
or both, with the same fees and mileage and in the same manner
as prescribed in civil cases in the courts of this State.
The Secretary and , the designated hearing officer have
the , and every member of the Board has power to administer
oaths to witnesses at any hearing that the Department is
authorized to conduct and any other oaths authorized in any
Act administered by the Department. A circuit court may, upon

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application of the Department or its designee, or of the
applicant or licensee against whom proceedings under this Act
are pending, enter an order requiring the attendance of
witnesses and their testimony, and the production of
documents, papers, files, books and records in connection with
any hearing or investigation. The court may compel obedience
to its order by proceedings for contempt.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/110)
Sec. 110. Recommendations for disciplinary action. At the
conclusion of the hearing, the hearing officer Board shall
present to the Secretary a written report of the hearing
officer's its findings and recommendations. The report shall
contain a finding whether or not the accused person violated
this Act or failed to comply with the conditions required in
this Act. The hearing officer Board shall specify the nature
of the violation or failure to comply, and shall make its
recommendations to the Secretary.
The report of findings and recommendations of the hearing
officer Board shall be the basis for the Department's order
for refusal or for the granting of a license, or for any
disciplinary action, unless the Secretary shall determine that
the hearing officer's Board's report is contrary to the
manifest weight of the evidence, in which case the Secretary
may issue an order in contravention of the hearing officer's

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Board's report. The finding is not admissible in evidence
against the person in a criminal prosecution brought for the
violation of this Act, but the hearing and finding are not a
bar to a criminal prosecution brought for the violation of
this Act.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/115)
Sec. 115. Rehearing. In a hearing involving disciplinary
action against a licensee, a copy of the hearing officer's
Board's report shall be served upon the respondent by the
Department, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 calendar days
after service, the respondent may present to the Department a
motion in writing for a rehearing that shall specify the
particular grounds for rehearing. If no motion for rehearing
is filed, then upon the expiration of the time specified for
filing a motion, or if a motion for rehearing is denied, then
upon denial, the Secretary may enter an order in accordance
with recommendations of the hearing officer Board, except as
provided in this Act. If the respondent orders from the
reporting service, and pays for, a transcript of the record
within the time for filing a motion for rehearing, the 20
calendar day period within which a motion may be filed shall
commence upon the delivery of the transcript to the
respondent.

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(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/125)
Sec. 125. Appointment of a hearing officer. The Secretary
has the authority to appoint any attorney duly licensed to
practice law in the State of Illinois to serve as the hearing
officer in any action for refusal to issue or renew a license,
or to discipline a licensee. The hearing officer has full
authority to conduct the hearing. The hearing officer shall
report the his or her findings and recommendations to the
Board and the Secretary. In the hearing officer's report, the
hearing officer shall make a finding of whether or not the
charged licensee or applicant violated a provision of this Act
or any rules adopted under this Act. Upon presenting the
report to the Secretary, the Secretary may issue an order
based on the report of the hearing officer. If the Secretary
disagrees with the report of the hearing officer, the
Secretary may issue an order in contravention of the hearing
officer's report. The finding by the hearing officer shall not
be admissible in evidence against the person in a criminal
prosecution brought for a violation of this Act nor shall a
finding by the hearing officer be a bar to a criminal
prosecution brought for a violation of this Act. The Board has
60 calendar days from receipt of the report to review the
report of the hearing officer and present its findings of
fact, conclusions of law and recommendations to the Secretary.

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If the Board fails to present its report within the 60 calendar
day period, the respondent may request in writing a direct
appeal to the Secretary, in which case the Secretary shall,
within 7 calendar days after receipt of the request, issue an
order directing the Board to issue its findings of fact,
conclusions of law, and recommendations to the Secretary
within 30 calendar days after that order. If the Board fails to
issue its findings of fact, conclusions of law, and
recommendations within that time frame to the Secretary after
the entry of the order, the Secretary shall, within 30
calendar days thereafter, issue an order based upon the report
of the hearing officer and the record of the proceedings or
issue an order remanding the matter back to the hearing
officer for additional proceedings in accordance with the
order. If (i) a direct appeal is requested, (ii) the Board
fails to issue its findings of fact, conclusions of law, and
recommendations within the 30 day mandate from the Secretary
or the Secretary fails to order the Board to do so, and (iii)
the Secretary fails to issue an order within 30 calendar days
thereafter, then the hearing officer's report is deemed
accepted and a final decision of the Secretary.
Notwithstanding any other provision of this Section, if the
Secretary, upon review, determines that substantial justice
has not been done in the revocation, suspension, or refusal to
issue or renew a license or other disciplinary action taken as
the result of the entry of the hearing officer's report, the

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Secretary may order a rehearing by the same or other hearing
officer. If the Secretary disagrees with the recommendation of
the Board or the hearing officer, the Secretary may issue an
order in contravention of the recommendation.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/130)
Sec. 130. Order; certified copy. An order or a certified
copy of the order, over the seal of the Department and
purporting to be signed by the Secretary, shall be prima facie
proof:
(a) that the signature is the genuine signature of the
Secretary;
(b) that the Secretary is duly appointed and
qualified; and
(c) (blank). that the Board and its members are
qualified to act.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/135)
Sec. 135. Restoration. At any time after the suspension
or revocation of a license, the Department may restore the
license to the accused person, upon the filing of an
application, the filing of proof of fitness acceptable to the
Department, and the payment of the required restoration fee
written recommendation of the Board, unless after an

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investigation and a hearing the Department Board determines
that restoration is not in the public interest.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/145)
Sec. 145. Summary suspension. The Secretary may summarily
suspend the license of a licensee without a hearing,
simultaneously with the institution of proceedings for a
hearing provided for in this Act, if the Secretary finds that
evidence in the Secretary's his or her possession indicates
that a licensee's continuation in practice would constitute an
imminent danger to the public. In the event that the Secretary
summarily suspends the license of a licensee without a
hearing, a hearing by the Board must be held within 30 calendar
days after the suspension has occurred.
(Source: P.A. 97-1098, eff. 7-1-13.)
(225 ILCS 109/70 rep.)
Section 50. The Sex Offender Evaluation and Treatment
Provider Act is amended by repealing Section 70.
Section 55. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing Section 3D-5 as follows:
(225 ILCS 410/3D-5)

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(Section scheduled to be repealed on January 1, 2031)
Sec. 3D-5. Requisites for ownership or operation of
cosmetology, esthetics, hair braiding, and nail technology
salons and barber shops.
(a) No person, firm, partnership, limited liability
company, professional limited liability company, corporation,
or professional service corporation shall own or operate a
cosmetology, esthetics, hair braiding, or nail technology
salon or barber shop or employ, rent space to, or
independently contract with any licensee under this Act
without applying on forms provided by the Department for a
certificate of registration. This registration shall be in
addition to and shall not replace or supersede any other
business license, registration, or permit that may be required
by local municipalities or other governmental entities to own
or operate a business in the governmental entity's
jurisdiction. The issuance of a license, registration, or
permit by a municipality or another governmental entity to a
salon or shop shall not waive the requirement to obtain a
certificate of registration from the Department to own or
operate a salon or shop.
(b) The application for a certificate of registration
under this Section shall set forth the name, address, and
telephone number of the proposed cosmetology, esthetics, hair
braiding, or nail technology salon or barber shop; the name,
address, and telephone number of the person, firm,

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partnership, limited liability company, professional limited
liability company, corporation, or professional service
corporation that is to own or operate the salon or shop; the
license number of the owner or operator of the shop if they are
licensed under the Act or the name and license number of the
individual manager of the salon or shop; and, if the salon or
shop is to be owned or operated by an entity other than an
individual, the name, address, and telephone number of the
managing partner or the chief executive officer of the
corporation or other entity that owns or operates the salon or
shop. A person who is not licensed under the Act may own or
operate a salon or shop, but may not practice barbering,
cosmetology, esthetics, hair braiding, or nail technology. An
unlicensed owner or operator of a salon or shop shall employ at
least one person as a manager who holds a license under the Act
and manages the salon or shop. The licensed owner, operator,
or manager of a salon or shop shall ensure that the salon or
shop operates in compliance with this Act and any applicable
rules, and the owner's, operator's, or manager's name and
license number shall be posted with the certificate of
registration at the salon or shop.
(c) The Department shall be notified by the owner or
operator of a salon or shop that is moved to a new location. If
there is a change in the ownership or operation or manager of a
salon or shop, the new owner, operator, or manager shall
report that change to the Department along with completion of

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any additional requirements set forth by rule.
(d) If a person, firm, partnership, limited liability
company, professional limited liability company, corporation,
or professional service corporation owns or operates more than
one shop or salon, a separate certificate of registration must
be obtained for each salon or shop.
(e) A certificate of registration granted under this
Section may be revoked in accordance with the provisions of
Article IV and the holder of the certificate and any licensed
managers may be otherwise disciplined by the Department in
accordance with rules adopted under this Act.
(f) The Department may promulgate rules to establish
additional requirements for owning or operating a salon or
shop.
(g) The requirement of a certificate of registration as
set forth in this Section shall also apply to any person, firm,
partnership, limited liability company, professional limited
liability company, corporation, or professional service
corporation providing barbering, cosmetology, esthetics, hair
braiding, or nail technology services at any location not
owned or rented by such person, firm, partnership, limited
liability company, professional limited liability company,
corporation, or professional service corporation for these
purposes or from a mobile shop or salon. Notwithstanding any
provision of this Section, applicants for a certificate of
registration under this subsection (g) shall report in its

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application the address and telephone number of its office and
shall not be required to report the location where services
are or will be rendered. Nothing in this subsection (g) shall
apply to a sole proprietor who has no employees or contractors
and is not operating a mobile shop or salon.
(h) Nothing in this Act shall prohibit the use of the terms
"electrology", "electrologist", "massage", "massage therapy",
or "massage therapist" by a salon or shop registered under
this Act as long as the salon or shop offers electrology
services in accordance with the Electrologist Licensing Act or
massage therapy services in accordance with the Massage
Therapy Practice Act.
(Source: P.A. 104-153, eff. 1-1-26.)
Section 60. The Electrologist Licensing Act is amended by
changing Section 20 as follows:
(225 ILCS 412/20)
(Section scheduled to be repealed on January 1, 2029)
Sec. 20. Exemptions. This Act does not prohibit:
(1) A person licensed in this State under any other
Act from engaging in the practice for which that person is
licensed.
(2) The practice of electrology by a person who is
employed by the United States government or any bureau,
division, or agency thereof while in the discharge of the

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employee's official duties.
(3) The practice of electrology included in a program
of study by students enrolled in schools or in refresher
courses approved by the Department.
Nothing in this Act shall be construed to prevent a person
who is licensed under this Act and functioning as an assistant
to a person who is licensed to practice medicine in all of its
branches from providing delegated services. Such delegated
services may not be performed by a person while holding
himself or herself out as an electrologist or in any manner
that indicates that the services are part of the practice of
electrology.
Nothing in this Act shall prohibit the use of the terms
"electrology" or "electrologist" by a salon or shop registered
under the Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Act of 1985 as long as the salon offers
electrology services in accordance with this Act.
(Source: P.A. 96-569, eff. 8-18-09.)
Section 65. The Professional Service Corporation Act is
amended by changing Section 3.6 as follows:
(805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)
Sec. 3.6. "Related professions" and "related professional
services" mean more than one personal service which requires
as a condition precedent to the rendering thereof the

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obtaining of a license and which prior to October 1, 1973 could
not be performed by a corporation by reason of law; provided,
however, that these terms shall be restricted to:
(1) a combination of 2 or more of the following
personal services: (a) "architecture" as defined in
Section 5 of the Illinois Architecture Practice Act of
1989, (b) "professional engineering" as defined in Section
4 of the Professional Engineering Practice Act of 1989,
(c) "structural engineering" as defined in Section 5 of
the Structural Engineering Practice Act of 1989, (d) "land
surveying" as defined in Section 2 of the Illinois
Professional Land Surveyor Act of 1989;
(2) a combination of the following personal services:
(a) the practice of medicine by persons licensed under the
Medical Practice Act of 1987, (b) the practice of podiatry
as defined in the Podiatric Medical Practice Act of 1987,
(c) the practice of dentistry as defined in the Illinois
Dental Practice Act, (d) the practice of optometry as
defined in the Illinois Optometric Practice Act of 1987;
(3) a combination of 2 or more of the following
personal services: (a) the practice of clinical psychology
by persons licensed under the Clinical Psychologist
Licensing Act, (b) the practice of social work or clinical
social work by persons licensed under the Clinical Social
Work and Social Work Practice Act, (c) the practice of
marriage and family therapy by persons licensed under the

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Marriage and Family Therapy Licensing Act, (d) the
practice of professional counseling or clinical
professional counseling by persons licensed under the
Professional Counselor and Clinical Professional Counselor
Licensing and Practice Act, or (e) the practice of sex
offender evaluations by persons licensed under the Sex
Offender Evaluation and Treatment Provider Act; or
(4) a combination of 2 or more of the following
personal services: (a) the practice of acupuncture by
persons licensed under the Acupuncture Practice Act, (b)
the practice of massage by persons licensed under the
Massage Therapy Practice Act, (c) the practice of
naprapathy by persons licensed under the Naprapathic
Practice Act, (d) the practice of occupational therapy by
persons licensed under the Illinois Occupational Therapy
Practice Act, (e) the practice of physical therapy by
persons licensed under the Illinois Physical Therapy Act,
or (f) the practice of speech-language therapy by persons
licensed under the Illinois Speech-Language Pathology and
Audiology Practice Act; or .
(5) a combination of 2 or more of the following
personal services: (a) services provided by persons
licensed under the Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985, (b) the
practice of massage therapy by persons licensed under the
Massage Therapy Practice Act, or (c) the practice of

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electrology by persons licensed under the Electrologist
Licensing Act.
(Source: P.A. 101-95, eff. 7-19-19; 102-20, eff. 1-1-22.)
Section 70. The Professional Limited Liability Company Act
is amended by changing Section 13 as follows:
(805 ILCS 185/13)
Sec. 13. Nature of business.
(a) A professional limited liability company may be formed
to provide a professional service or services licensed by the
Department except:
(1) the practice of dentistry unless all the members
and managers are licensed as dentists under the Illinois
Dental Practice Act;
(2) the practice of medicine unless all the managers,
if any, are licensed to practice medicine under the
Medical Practice Act of 1987 and each member is either:
(A) licensed to practice medicine under the
Medical Practice Act of 1987;
(B) a registered medical corporation or
corporations organized pursuant to the Medical
Corporation Act;
(C) a professional corporation organized pursuant
to the Professional Service Corporation Act of
physicians licensed to practice under the Medical

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Practice Act of 1987;
(D) a hospital or hospital affiliate as defined in
Section 10.8 of the Hospital Licensing Act; or
(E) a professional limited liability company that
satisfies the requirements of subparagraph (A), (B),
(C), or (D);
(3) the practice of real estate unless all the members
and managers, if any, that actively participate in the
real estate activities of the professional limited
liability company are licensed to practice as a managing
broker or broker pursuant to the Real Estate License Act
of 2000. All nonparticipating members or managers shall
submit affidavits of nonparticipation as required by the
Department and the Real Estate License Act of 2000;
(4) the practice of clinical psychology unless all the
managers and members are licensed to practice as a
clinical psychologist under the Clinical Psychologist
Licensing Act;
(5) the practice of social work unless all the
managers and members are licensed to practice as a
clinical social worker or social worker under the Clinical
Social Work and Social Work Practice Act;
(6) the practice of marriage and family therapy unless
all the managers and members are licensed to practice as a
marriage and family therapist under the Marriage and
Family Therapy Licensing Act;

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(7) the practice of professional counseling unless all
the managers and members are licensed to practice as a
clinical professional counselor or a professional
counselor under the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act;
(8) the practice of sex offender evaluation and
treatment unless all the managers and members are licensed
to practice as a sex offender evaluator or sex offender
treatment provider under the Sex Offender Evaluation and
Treatment Provider Act; or
(9) the practice of veterinary medicine unless all the
managers and members are licensed to practice as a
veterinarian under the Veterinary Medicine and Surgery
Practice Act of 2004.
(b) Notwithstanding any provision of this Section, any of
the following professional services may be combined and
offered within a single professional limited liability company
provided that each professional service is offered only by
persons licensed to provide that professional service and all
managers and members are licensed in at least one of the
professional services offered by the professional limited
liability company:
(1) the practice of medicine by physicians licensed
under the Medical Practice Act of 1987, the practice of
podiatry by podiatric physicians licensed under the
Podiatric Medical Practice Act of 1987, the practice of

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dentistry by dentists licensed under the Illinois Dental
Practice Act, and the practice of optometry by
optometrists licensed under the Illinois Optometric
Practice Act of 1987;
(2) the practice of clinical psychology by clinical
psychologists licensed under the Clinical Psychologist
Licensing Act, the practice of social work by clinical
social workers or social workers licensed under the
Clinical Social Work and Social Work Practice Act, the
practice of marriage and family counseling by marriage and
family therapists licensed under the Marriage and Family
Therapy Licensing Act, the practice of professional
counseling by professional counselors and clinical
professional counselors licensed under the Professional
Counselor and Clinical Professional Counselor Licensing
and Practice Act, and the practice of sex offender
evaluation and treatment by sex offender evaluators and
sex offender treatment providers licensed under the Sex
Offender Evaluation and Treatment Provider Act;
(3) the practice of architecture by persons licensed
under the Illinois Architecture Practice Act of 1989, the
practice of professional engineering by persons licensed
under the Professional Engineering Practice Act of 1989,
the practice of structural engineering by persons licensed
under the Structural Engineering Practice Act of 1989, and
the practice of land surveying by persons licensed under

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the Illinois Professional Land Surveyor Act of 1989; or
(4) the practice of acupuncture by persons licensed
under the Acupuncture Practice Act, the practice of
massage by persons licensed under the Massage Licensing
Act, the practice of naprapathy by persons licensed under
the Naprapathic Practice Act, the practice of occupational
therapy by persons licensed under the Illinois
Occupational Therapy Practice Act, the practice of
physical therapy by persons licensed under the Illinois
Physical Therapy Act, and the practice of speech-language
pathology by persons licensed under the Illinois
Speech-Language Pathology and Audiology Practice Act; or .
(5) services provided by persons licensed under the
Barber, Cosmetology, Esthetics, Hair Braiding, and Nail
Technology Act of 1985, the practice of massage therapy by
persons licensed under the Massage Therapy Practice Act,
and the practice of electrology by persons licensed under
the Electrologist Licensing Act.
(Source: P.A. 102-970, eff. 5-27-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.