225 ILCS 447/40-25
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 447/ - Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.|Article 40 - Disciplinary Provisions

(Section scheduled to be repealed on January 1, 2024)Sec. 40-25. Submission to physical or mental examination.(a) 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, which may  include a substance abuse or sexual offender evaluation, as required by and at the expense of the Department. The  Department or 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, 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  testing. The Department or the Board 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. The  Department or the Board may order the examining physician or  any member of the multidisciplinary team to present testimony  concerning this examination and evaluation of the licensee 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 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 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 his or her own expense, another physician of his or her choice present during all aspects of this examination. Failure of an individual to submit to a mental or physical examination, or both, when directed, shall result in automatic suspension without hearing, until such time as the individual submits to the examination.(b) In instances in which the Secretary immediately suspends a person's license for his or her failure to submit to a mental or physical examination when directed, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay.(c) In instances in which the Secretary otherwise suspends a person's license pursuant to the results of a compelled  mental or physical examination,  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.(d) An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.  (Source: P.A. 98-253, eff. 8-9-13.)