Bill Text: IL SB0069 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Medical Practice Act of 1987. Makes changes concerning the prohibition against fee splitting. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0608 [SB0069 Detail]

Download: Illinois-2009-SB0069-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 Medical Practice Act of 1987 is amended by
changing Section 22 and adding Section 22.2 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2010)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probationary status, refuse to renew, or take any other
disciplinary action as the Department may deem proper with
regard to the license or visiting professor permit of any
person issued under this Act to practice medicine, or to treat
human ailments without the use of drugs and without operative
surgery upon any of the following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act; or
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the

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

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

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violation of the rules, or a final administrative action of
the Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act. Dividing with anyone
other than physicians with whom the licensee practices in a
partnership, Professional Association, limited liability
company, or Medical or Professional Corporation any fee,
commission, rebate or other form of compensation for any
professional services not actually and personally
rendered. Nothing contained in this subsection prohibits
persons holding valid and current licenses under this Act
from practicing medicine in partnership under a
partnership agreement, including a limited liability
partnership, in a limited liability company under the
Limited Liability Company Act, in a corporation authorized
by the Medical Corporation Act, as an association
authorized by the Professional Association Act, or in a
corporation under the Professional Corporation Act or from
pooling, sharing, dividing or apportioning the fees and
monies received by them or by the partnership, corporation
or association in accordance with the partnership
agreement or the policies of the Board of Directors of the
corporation or association. Nothing contained in this
subsection prohibits 2 or more corporations authorized by
the Medical Corporation Act, from forming a partnership or

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joint venture of such corporations, and providing medical,
surgical and scientific research and knowledge by
employees of these corporations if such employees are
licensed under this Act, or from pooling, sharing,
dividing, or apportioning the fees and monies received by
the partnership or joint venture in accordance with the
partnership or joint venture agreement. Nothing contained
in this subsection shall abrogate the right of 2 or more
persons, holding valid and current licenses under this Act,
to each receive adequate compensation for concurrently
rendering professional services to a patient and divide a
fee; provided, the patient has full knowledge of the
division, and, provided, that the division is made in
proportion to the services performed and responsibility
assumed by each.
(15) A finding by the Medical Disciplinary Board that
the registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.

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

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

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

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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 transfer copies of medical
records as required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written

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collaborative agreements with licensed advanced practice
nurses resulting in an inability to adequately collaborate
and provide medical direction.
(43) Repeated failure to adequately collaborate with
or provide medical direction to a licensed advanced
practice nurse.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred or a report pursuant to Section 23 of this Act
received within the 10-year period preceding the filing of the
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

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in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Medical Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
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.

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The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary Board,
upon a showing of a possible violation, may compel any
individual licensed to practice under this Act, or who has
applied for licensure or a permit pursuant to this Act, to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The examining
physician or physicians shall be those specifically designated
by the Disciplinary Board. The Medical Disciplinary Board or
the Department may order the examining physician to present

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testimony concerning this mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
individual to submit to mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until such time as the individual submits to the examination if
the Disciplinary Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause. If the Disciplinary Board finds a physician unable to
practice because of the reasons set forth in this Section, the
Disciplinary Board shall require such physician to submit to
care, counseling, or treatment by physicians approved or
designated by the Disciplinary Board, as a condition for
continued, reinstated, or renewed licensure to practice. Any
physician, whose license was granted pursuant to Sections 9,
17, or 19 of this Act, or, continued, reinstated, renewed,
disciplined or supervised, subject to such terms, conditions or
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

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licensee shall have their license suspended immediately,
pending a hearing by the Disciplinary Board. In instances in
which the Secretary immediately suspends a license under this
Section, a hearing upon such person's license must be convened
by the Disciplinary Board within 15 days after such suspension
and completed without appreciable delay. The Disciplinary
Board shall have the authority to review the subject
physician's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Medical
Disciplinary Fund.
(B) The Department shall revoke the license or visiting
permit of any person issued under this Act to practice medicine

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or to treat human ailments without the use of drugs and without
operative surgery, who has been convicted a second time of
committing any felony under the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, or who has been convicted a second time of committing a
Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
Public Aid Code. A person whose license or visiting permit is
revoked under this subsection B of Section 22 of this Act shall
be prohibited from practicing medicine or treating human
ailments without the use of drugs and without operative
surgery.
(C) The Medical Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05;
95-331, eff. 8-21-07.)
(225 ILCS 60/22.2 new)
(Section scheduled to be repealed on December 31, 2010)

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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
made in proportion to the actual services personally performed
and responsibility assumed by each licensee consistent with 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 Limited

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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; 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
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)

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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
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.
Section 10. The Illinois Optometric Practice Act of 1987 is
amended by changing Section 24 and by adding Section 24.2 as
follows:

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(225 ILCS 80/24) (from Ch. 111, par. 3924)
(Section scheduled to be repealed on January 1, 2017)
Sec. 24. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation, with
regard to any license for any one or combination of the
following causes:
(1) Violations of this Act, or of the rules promulgated
hereunder.
(2) Conviction of or entry of a plea of guilty to any
crime under the laws of any U.S. jurisdiction thereof that
is a felony or that is a misdemeanor of which an essential
element is dishonesty, or any crime that is directly
related to the practice of the profession.
(3) Making any misrepresentation for the purpose of
obtaining a license.
(4) Professional incompetence or gross negligence in
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.

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(7) Failing, within 60 days, to provide information in
response to a written request made by the Department that
has been sent by certified or registered mail to the
licensee's last known address.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein.
(11) Violation of the prohibition against fee
splitting in Section 24.2 of this Act. Directly or
indirectly giving to or receiving from any person, firm,
corporation, partnership, or association any fee,
commission, rebate, or other form of compensation for any
professional services not actually or personally rendered.
This shall not be deemed to include (i) rent or other
remunerations paid to an individual, partnership, or
corporation by an optometrist for the lease, rental, or use
of space, owned or controlled, by the individual,
partnership, corporation or association, and (ii) the

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division of fees between an optometrist and related
professional service providers with whom the optometrist
practices in a professional corporation organized under
Section 3.6 of the Professional Service Corporation Act.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services other than
permitted advertising.
(18) Failure to provide a patient with a copy of his or
her record or prescription in accordance with federal law.
(19) Conviction by any court of competent
jurisdiction, either within or without this State, of any
violation of any law governing the practice of optometry,

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

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

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Exceptions for extreme hardships are to be defined by the
rules of the Department.
(32) Willfully making or filing false records or
reports in the practice of optometry, including, but not
limited to false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(33) Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including, but
not limited to filing false statements for collection of
monies for services not rendered from the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Illinois Public Aid Code.
(34) In the absence of good reasons to the contrary,
failure to perform a minimum eye examination as required by
the rules of the Department.
(35) Violation of the Health Care Worker Self-Referral
Act.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of the tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of

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Revenue, until such time as the requirements of any such tax
Act are satisfied.
(a-5) In enforcing this Section, the Board upon a showing
of a possible violation, may compel any individual licensed to
practice under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians or clinical
psychologists shall be those specifically designated by the
Board. The Board or the Department may order the examining
physician or clinical psychologist to present testimony
concerning this mental or physical examination of the licensee
or applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee or applicant and the examining physician
or clinical psychologist. Eye examinations may be provided by a
licensed optometrist. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of the examination. Failure
of any individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension of
a license until such time as the individual submits to the
examination if the Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause.
If the Board finds an individual unable to practice because

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of the reasons set forth in this Section, the Board shall
require such individual to submit to care, counseling, or
treatment by physicians or clinical psychologists approved or
designated by the Board, as a condition, term, or restriction
for continued, reinstated, or renewed licensure to practice, or
in lieu of care, counseling, or treatment, the Board may
recommend to the Department to file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the
individual, or the Board may recommend to the Department to
file a complaint to suspend, revoke, or otherwise discipline
the license of the individual. Any individual whose license was
granted pursuant to this Act, or continued, reinstated,
renewed, disciplined, or supervised, subject to such
conditions, terms, or restrictions, who shall fail to comply
with such conditions, terms, or restrictions, shall be referred
to the Secretary for a determination as to whether the
individual shall have his or her license suspended immediately,
pending a hearing by the Board.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
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

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licensee be allowed to resume his or her practice.
(Source: P.A. 94-787, eff. 5-19-06.)
(225 ILCS 80/24.2 new)
(Section scheduled to be repealed on January 1, 2017)
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
proportion to the actual services personally performed and
responsibility assumed by each licensee consistent with 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

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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, the Professional Association
Act, or the Limited Liability Company Act;
(3) the entity is allowed by Illinois law to provide
optometric services or employ optometrists such as a
licensed hospital or hospital affiliate or licensed
ambulatory surgical treatment center owned in full or in
part by Illinois-licensed physicians or in accordance with
Section 8 of this Act; 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
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

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(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
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

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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.
Section 99. Effective date. This Act takes effect upon
becoming law.