2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 60/ - Medical Practice Act of 1987.

(225 ILCS 60/1) (from Ch. 111, par. 4400-1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1. 
		
		This Act shall be known and may be cited as the Medical Practice Act of 1987.
(Source: P.A. 85-4.)
(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 2. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
"Act" means the Medical Practice Act of 1987.
"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.
"Chiropractic physician" means a person licensed to treat human ailments without the use of drugs and without operative surgery. Nothing in this Act shall be construed to prohibit a chiropractic physician from providing advice regarding the use of non-prescription products or from administering atmospheric oxygen. Nothing in this Act shall be construed to authorize a chiropractic physician to prescribe drugs.
"Department" means the Department of Financial and Professional Regulation.
"Disciplinary action" means revocation,
suspension, probation, supervision, practice modification,
reprimand, required education, fines or any other action
taken by the Department against a person holding a license.
"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.
"Final determination" means the governing body's
final action taken under the procedure followed by a health
care institution, or professional association or society,
against any person licensed under the Act in accordance with
the bylaws or rules and regulations of such health care
institution, or professional association or society.
"Fund" means the Illinois State Medical Disciplinary Fund.
"Impaired" means the inability to practice
medicine with reasonable skill and safety due to physical or
mental disabilities as evidenced by a written determination
or written consent based on clinical evidence including
deterioration through the aging process or loss of motor
skill, or abuse of drugs or alcohol, of sufficient degree to
diminish a person's ability to deliver competent patient
care.
"International medical graduate" means a medical graduate (i) who has been trained in a country other than the United States; (ii) whose education has been certified by the Educational Commission for Foreign Medical Graduates; (iii) who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of the United States Medical Licensing Examination as required by this Act; (iv) who maintains an unencumbered license from another country; and (v) who is not licensed to practice medicine in any state or territory of the United States.
"Medical Board" means the Illinois State Medical Board.
"Physician" means a person licensed under the
Medical Practice Act to practice medicine in all of its
branches or a chiropractic physician.
"Professional association" means an association or
society of persons licensed under this Act, and operating
within the State of Illinois, including but not limited to,
medical societies, osteopathic organizations, and
chiropractic organizations, but this term shall not be
deemed to include hospital medical staffs.
"Program of care, counseling, or treatment" means
a written schedule of organized treatment, care, counseling,
activities, or education, satisfactory to the Medical
Board, designed for the purpose of restoring an impaired
person to a condition whereby the impaired person can
practice medicine with reasonable skill and safety of a
sufficient degree to deliver competent patient care.
"Reinstate" means to change the status of a license or permit from inactive or nonrenewed status to active status.
"Restore" means to remove an encumbrance from a license due to probation, suspension, or revocation.
"Secretary" means the Secretary of Financial and Professional Regulation.
(Source: P.A. 102-20, eff. 1-1-22; 102-1117, eff. 1-13-23; 103-1, eff. 4-27-23.)
(225 ILCS 60/2.5)
(Section scheduled to be repealed on January  1, 2027)
Sec. 2.5. 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.
(Source: P.A. 100-429, eff. 8-25-17.)
(225 ILCS 60/3) (from Ch. 111, par. 4400-3)
(Section scheduled to be repealed on January 1, 2027)
Sec. 3. Licensure requirement. No person shall practice medicine, or
any
of its branches, or
treat human ailments without the use of
drugs and without operative surgery, without a valid, active
 license to do so, except that a physician who holds
an active license in another state or a second year resident
enrolled in a residency program accredited by the Liaison
Committee on Graduate Medical Education or the Bureau of Professional
Education of the American
Osteopathic Association
may provide medical services to patients in Illinois during
a bonafide emergency in immediate preparation for or during
interstate transit.
(Source: P.A. 98-1140, eff. 12-30-14.)
(225 ILCS 60/3.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 3.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice as a physician 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 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 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. 97-622, eff. 11-23-11.)
(225 ILCS 60/4) (from Ch. 111, par. 4400-4)
(Section scheduled to be repealed on January 1, 2027)
Sec. 4. Exemptions. This Act does not apply to the following:
(1) persons lawfully carrying on their particular     profession or business under any valid existing regulatory Act of this State;
(2) persons rendering gratuitous services in cases of     emergency; or
(3) persons treating human ailments by prayer or     spiritual means as an exercise or enjoyment of religious freedom.
(Source: P.A. 96-7, eff. 4-3-09; 97-622, eff. 11-23-11.)
(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 wilful or wanton misconduct.
Information considered shall be afforded the same
status as is information concerning medical studies by Part
21 of Article VIII of the "Code of Civil Procedure", as now
or hereafter amended.
(Source: P.A. 85-1209.)
(225 ILCS 60/6) (from Ch. 111, par. 4400-6)
(Section scheduled to be repealed on January 1, 2027)
Sec. 6. 
		
		It is declared to be the public policy of this State, pursuant to
paragraphs (h) and (i) of Section 6 of Article VII of the Illinois
Constitution of 1970, that any power or function set forth in this
Act to be exercised by the State is an exclusive State power or function.
Such power or function shall not be exercised concurrently, either directly
or indirectly, by any unit of local government, including home rule units,
except as otherwise provided in this Act.
(Source: P.A. 85-4.)
(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
Sec. 7. (Repealed).
(Source: P.A. 102-813, eff. 5-13-22. Repealed internally, eff. 1-1-23.)
(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
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.
(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 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 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
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.
(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 60/7.2)
Sec. 7.2. (Repealed).
(Source: P.A. 102-20, eff. 1-1-22. Repealed internally, eff. 1-1-23.)
(225 ILCS 60/7.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 7.5. Complaint Committee.
(a) There shall be a Complaint Committee of the Medical Board
composed of at least one of the medical coordinators established by subsection
(G) of Section 7 of this Act, the Chief of Medical Investigations (person
employed by the Department who is in charge of investigating complaints against
physicians and physician assistants), the Chief of Medical Prosecutions (the person employed by the Department who is in charge of prosecuting formal complaints against physicians and physician assistants), and at least 3 members of the Medical
 Board (at least 2 of whom shall be physicians) designated by the
Chairperson of the Medical Board with the approval of the Medical
 Board.
(b) The Complaint Committee shall meet at least twice a month to
exercise its functions and duties set forth in subsection (c) below. At least 2
members of the Medical Board shall be in attendance in order for any
business to be transacted by the Complaint Committee. The Complaint Committee
shall make every effort to consider expeditiously and take prompt action on
each item on its agenda.
(c) The Complaint Committee shall have the following duties and functions:
(1) To recommend to the Medical Board that a     complaint file be closed.
(2) To refer a complaint file to the office of the     Chief of Medical Prosecutions for review.
(3) To make a decision in conjunction with the Chief     of Medical Prosecutions regarding action to be taken on a complaint file.
(d) In determining what action to take or whether to proceed with
prosecution of a complaint, the Complaint Committee shall consider, but not be
limited to, the following factors: sufficiency of the evidence presented,
prosecutorial merit under Section 22 of this Act, any recommendation made by the Department, and insufficient cooperation
from complaining parties.
(e) Notwithstanding any provision of this Act, the Department may close a complaint, after investigation and approval of the Chief Medical Coordinator without review of the Complaint Committee, in which the allegations of the complaint if proven would not constitute a violation of the Act, there is insufficient evidence to prove a violation of the Act, or there is insufficient cooperation from complaining parties, as determined by the Department.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/8) (from Ch. 111, par. 4400-8)
Sec. 8. (Repealed).
(Source: P.A. 102-20, eff. 1-1-22. Repealed internally, eff. 1-1-23.)
(225 ILCS 60/8.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 8.1. Matters concerning advanced practice registered nurses. Any proposed rules, amendments, second notice materials and adopted rule or amendment materials, and policy statements concerning advanced practice registered nurses shall be presented to the Medical Board for review and comment.  The recommendations of both the Board of Nursing and the Medical Board shall be presented to the Secretary for consideration in making final decisions. Whenever the Board of Nursing and the Medical Board disagree on a proposed rule or policy, the Secretary shall convene a joint meeting of the officers of each Board to discuss the resolution of any such disagreements.
(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 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 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.
(5) Professional service in a federal veterans or         military institution.
(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 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 60/9.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 9.1. Fee waivers. Notwithstanding any provision of law to the contrary, during State fiscal years 2022, 2023, and 2024, the Department shall allow individuals a one-time waiver of fees imposed under Section 9, 19, or 21 of this Act. No individual may benefit from such waiver more than once.
(Source: P.A. 102-699, eff. 4-19-22.)
(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 his or her application at any time. If an applicant withdraws 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 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, 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, 18, and 19 shall have 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 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 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 60/10) (from Ch. 111, par. 4400-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. The Department shall:
(A) make rules for establishing reasonable minimum     standards of educational requirements to be observed by medical, osteopathic and chiropractic colleges;
(B) effectuate the policy of the State of Illinois     that the quality of medical training is an appropriate concern in the recruiting, licensing, credentialing and participation in residency programs of physicians. However, it is inappropriate to discriminate against any physician because of national origin or geographic location of medical education;
(B-5)    publish on its website information     concerning the process for requesting a rehearing under Section 40 and the process for restoring a license under Section 43 after the successful completion of a term of probation, suspension, or revocation of a license; and
(C) formulate rules and regulations required for the     administration of this Act.
(Source: P.A. 102-229, eff. 1-1-22.)
(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, its territories or Canada, that the applicant has completed a 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 or by a private, 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, 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 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 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, its territories, or Canada, that the applicant has completed a 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 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 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 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 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, its territories, 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 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 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 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         chiropractic college after September 1, 1969, that such applicant shall be required to complete a 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.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/11.1) (from Ch. 111, par. 4400-11.1)
Sec. 11.1. 
		(Repealed).
(Source: P.A. 86-1251. Repealed by P.A. 89-702, eff. 7-1-97.)
(225 ILCS 60/12) (from Ch. 111, par. 4400-12)
(Section scheduled to be repealed on January  1, 2027)
Sec. 12. 
		
		All examinations provided for by this Act
shall be conducted under rules prescribed from time to time
by the Department.  Examinations shall be held not less
frequently than 2 times every year, at times and places
prescribed by the Department, of which applicants shall be
notified by the Department in writing, and may be conducted
wholly or in part in writing.
If an applicant neglects, fails without an approved
excuse or refuses to take the next available examination
offered for license under this Act, the fee paid by the
applicant shall be forfeited and the application denied.  If
an applicant fails to pass an examination for a license
under this Act within 3 years after filing their
application, the application shall be denied.  However, such
applicant may thereafter make a new application for
examination, accompanied by the required fee and satisfy the
requirements then in existence for a license.
(Source: P.A. 85-4.)
(225 ILCS 60/13) (from Ch. 111, par. 4400-13)
(Section scheduled to be repealed on January 1, 2027)
Sec. 13. Medical students. Candidates for the degree of doctor of
medicine, doctor of osteopathy, or doctor of osteopathic medicine enrolled in a
medical or osteopathic college, accredited by the Liaison Committee on Medical
Education or the Commission on Osteopathic College Accreditation of the American Osteopathic
Association or its successor, may practice under the direct, on-premises supervision of a
physician who is licensed to practice medicine in all its branches in Illinois
and who is a member of the faculty of an accredited medical or osteopathic
college.
(Source: P.A. 98-1140, eff. 12-30-14.)
(225 ILCS 60/14) (from Ch. 111, par. 4400-14)
(Section scheduled to be repealed on January 1, 2027)
Sec. 14. Chiropractic students. Candidates for the degree of doctor of
chiropractic enrolled in a chiropractic college, accredited by the Council on
Chiropractic Education, may practice under the direct, on-premises supervision
of a chiropractic physician who is a member of the faculty of an
accredited chiropractic college.
(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 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 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 60/15.5)
Sec. 15.5. International medical graduate physicians; licensure. After January 1, 2025, an international medical graduate physician may apply to the Department for a limited license. The Department shall adopt rules establishing qualifications and application fees for the limited licensure of international medical graduate physicians and may adopt other rules as may be necessary for the implementation of this Section. The Department shall adopt rules that provide a pathway to full licensure for limited license holders after the licensee successfully completes a supervision period and satisfies other qualifications as established by the Department.
(Source: P.A. 103-102, eff. 6-16-23.)
(225 ILCS 60/16) (from Ch. 111, par. 4400-16)
(Section scheduled to be repealed on January 1, 2027)
Sec. 16. 
		Ineligibility for examination. 
		Any person who shall fail any
examination
for licensure as a medical doctor, doctor of osteopathy or osteopathic
medicine, or
doctor of chiropractic in this or any other jurisdiction a
total of 5 times shall thereafter be ineligible for further
examinations until such time as such person shall submit to
the Department evidence of further formal professional study, as required by
rule of the Department,
in an accredited institution.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 60/17) (from Ch. 111, par. 4400-17)
(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 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 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 his or her program of residency training; 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 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 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)
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 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 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 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 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 his 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 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 do 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 he or she meets the requirements 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 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 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 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 an graduate training program approved by the Department in their home state.
(Source: P.A. 102-20, eff. 1-1-22; 103-551, eff. 8-11-23.)
(225 ILCS 60/19) (from Ch. 111, par. 4400-19)
(Section scheduled to be repealed on January 1, 2027)
Sec. 19. Licensure by endorsement. The Department may, in its
discretion,
issue a license by endorsement to any person who is currently licensed
to practice medicine in all of its branches,
or a chiropractic physician, in any other state,
territory, country or province, upon the following
conditions and submitting evidence satisfactory to the Department of the following:
(A) (Blank);
(B) That the applicant 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;
(C) That the applicant is physically, mentally and     professionally capable of practicing medicine 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, in the same manner as provided in Section 22 and 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.
(D) That if the applicant seeks to practice medicine     in all of its branches:
(1) if the applicant was licensed in another         jurisdiction prior to January 1, 1988, that the applicant has satisfied the educational requirements of paragraph (1) of subsection (A) or paragraph (2) of subsection (A) of Section 11 of this Act; or
(2) if the applicant was licensed in another         jurisdiction after December 31, 1987, that the applicant has satisfied the educational requirements of paragraph (A)(2) of Section 11 of this Act; and
(3) the requirements for a license to practice         medicine in all of its branches in the particular state, territory, country or province in which the applicant is licensed are deemed by the Department to have been substantially equivalent to the requirements for a license to practice medicine in all of its branches in force in this State at the date of the applicant's license;
(E) That if the applicant seeks to treat human     ailments without the use of drugs and without operative surgery:
(1) the applicant is a graduate of a chiropractic         school or college approved by the Department at the time of their graduation;
(2) the requirements for the applicant's license         to practice the treatment of human ailments without the use of drugs are deemed by the Department to have been substantially equivalent to the requirements for a license to practice in this State at the date of the applicant's license;
(F) That the Department may, in its discretion, issue     a license  by endorsement to any graduate of a medical or osteopathic college, reputable and in good standing in the judgment of the Department, who has passed an examination for admission to the United States Public Health Service, or who has passed any other examination deemed by the Department to have been at least equal in all substantial respects to the examination required for admission to any such medical corps;
(G) That applications for licenses by endorsement     shall be filed with the Department, under oath, on forms prepared and furnished by the Department, and shall set forth, and applicants therefor shall supply such information respecting the life, education, professional practice, and moral character of applicants as the Department may require to be filed for its use;
(H) That the applicant undergo the criminal     background check established under Section 9.7 of this Act.
In the exercise of its discretion under this Section,
the Department is empowered to consider and evaluate each
applicant on an individual basis.  It may take into account,
among other things: the extent to which the applicant will bring unique experience and skills to the State of Illinois or the extent to which there is or is not
available to the Department authentic and definitive
information concerning the quality of medical education and
clinical training which the applicant has had.  Under no
circumstances shall a license be issued under the provisions
of this Section to any person who has previously taken and
failed the written examination conducted by the Department
for such license.  In the exercise of its discretion under this Section, the Department may require an applicant to successfully complete an examination as recommended by the Medical Board.  The Department may
also request the applicant to submit, and may consider as
evidence of moral character, evidence from 2 or 3
individuals licensed under this Act.
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 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.)
(225 ILCS 60/20) (from Ch. 111, par. 4400-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 20. Continuing education. The Department shall promulgate
rules of continuing education for persons licensed under
this Act that require an average of 50 hours of
continuing education per license year.   These rules
shall be consistent with
requirements of relevant professional associations, specialty 
societies, or boards.  The rules shall also address variances in part or in
whole for good cause, including, but not limited to, temporary illness
or
hardship. In establishing these rules, the
Department shall consider educational requirements for
medical staffs, requirements for specialty society board
certification or for continuing education requirements as a
condition of membership in societies representing the 2
categories of licensee under this Act.  These rules shall
assure that licensees are given the opportunity to
participate in those programs sponsored by or through their
professional associations or hospitals which are relevant to
their practice.  Each licensee is responsible for maintaining records of
completion of continuing education and shall be prepared to produce the
records when requested by the Department.
(Source: P.A. 97-622, eff. 11-23-11.)
(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 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 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 his or her
license to lapse or who has had his or her license on inactive
status may have his or her license reinstated by making application
to the Department and filing proof acceptable to the
Department of 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
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
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 his or her license reinstated without paying
any lapsed renewal fees, if within 2 years after honorable
termination of such service, training, or education, he or she
furnishes to the Department with satisfactory evidence to the
effect that he or she has been so engaged and that 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 his or her license on an inactive
status and shall, subject to rules of the Department, be
excused from payment of renewal fees until he or she notifies the
Department in writing of his or her desire to resume active
status.
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 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 in the Illinois State Medical Disciplinary Fund in
the State 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
in the Illinois State Medical Disciplinary Fund and shall be
used for the same purposes as fees deposited in such 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 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 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, 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.
(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) (from Ch. 111, par. 4400-22)
(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     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 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 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     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) Willfully 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) 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 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 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     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, 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.
(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 assistants resulting in an inability to adequately collaborate.
(50)   Repeated failure to adequately collaborate     with a physician assistant.
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
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 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 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.
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 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 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 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 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 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 he or she can
resume practice in compliance with acceptable and prevailing standards under
the provisions of 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 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 or a chiropractic 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 the license or permit issued under this Act to practice medicine to a physician:
(1) based solely upon the recommendation of the     physician 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 physician 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 a resident of this State or another state; or
(4)   based upon the physician's license being     revoked or suspended, or the physician being otherwise disciplined by any other state, if that revocation, suspension, or other form of discipline was based solely on the physician 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 standards of conduct for the physician if it occurred in Illinois.
(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 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 the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff. 1-1-24.)
(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 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 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     corporation that is recognized as exempt from the payment of federal income taxes as an organization 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 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.
(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 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 60/22.3)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22.3. Employment of allied health care personnel.  Nothing in this Act prohibits physicians, physician practices, or entities authorized by law to employ physicians from also employing other licensed health care workers and other persons.
(Source: P.A. 96-1482, eff. 11-29-10.)
(225 ILCS 60/22.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22.5. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012.  A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(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 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 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 standards of conduct for physicians practicing in Illinois.
(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 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 licensed 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 in another state for violation of such law if that health care service as provided would have been lawful and consistent with the standards of conduct for physicians if it occurred in the State. 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 Section 23 shall be submitted to the Medical Board in a timely
fashion.  Unless otherwise provided in this Section, the 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 healthcare 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 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 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 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 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 wilful and wanton in
nature.  The Attorney General shall defend all such actions
unless 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 wilful
and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of 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 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 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 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 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 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 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 the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21; 102-1117, eff. 1-13-23.)
(225 ILCS 60/24) (from Ch. 111, par. 4400-24)
(Section scheduled to be repealed on January 1, 2027)
Sec. 24. Report of violations; medical associations.
(a) Any physician
licensed under this Act, the
Illinois State Medical Society, the Illinois Association of
Osteopathic Physicians and Surgeons, the Illinois
Chiropractic Society, the Illinois Prairie State Chiropractic Association,
or any component societies of any of
these 4 groups, and any other person, may report to the Medical
 Board any information the physician,
association, society, or person may have that appears to
show that a physician is or may be in violation of any of
the provisions of Section 22 of this Act.
(b) The Department may enter into agreements with the
Illinois State Medical Society, the Illinois Association of
Osteopathic Physicians and Surgeons, the Illinois Prairie State Chiropractic
Association, or the Illinois
Chiropractic Society to allow these
organizations to assist the Medical Board in the review
of alleged violations of this Act.  Subject to the approval
of the Department, any organization party to such an
agreement may subcontract with other individuals or
organizations to assist in review.
(c) Any physician, association, society, or person
participating in good faith in the making of a report under
this Act or participating in or assisting with an
investigation or review under this Act shall have
immunity from any civil, criminal, or other liability that might result by reason of those actions.
(d) The medical information in the custody of an entity
under contract with the Department participating in an
investigation or review shall be privileged and confidential
to the same extent as are information and reports under the
provisions of Part 21 of Article VIII of the Code of Civil
Procedure.
(e) Upon request by the Department after a mandatory report has been filed with the Department, an attorney for any party seeking to recover damages for
injuries or death by reason of medical, hospital, or other healing art
malpractice shall provide patient records related to the physician involved in the disciplinary proceeding to the Department within 30 days of the Department's request for use by the Department in any disciplinary matter under this Act. An attorney who provides patient records to the Department in accordance with this requirement shall not be deemed to have violated any attorney-client privilege. Notwithstanding any other provision of law, consent by a patient shall not be required for the provision of patient records in accordance with this requirement.
(f) For the purpose of any civil or criminal proceedings,
the good faith of any physician, association, society
or person shall be presumed.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/24.1)
Sec. 24.1. (Repealed).
(Source: P.A. 94-677, eff. 8-25-05. Repealed by P.A. 97-280, eff. 8-9-11.)
(225 ILCS 60/25) (from Ch. 111, par. 4400-25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. The Secretary of the Department may, upon receipt of a written
communication from the Secretary of Human Services, the Director of Healthcare and Family Services (formerly Director of
Public Aid), or the Director of Public Health
that continuation of practice of a person licensed under
this Act constitutes an immediate danger to the public, and
after consultation with the Chief Medical Coordinator or
Deputy Medical Coordinator, immediately suspend the license
of such person without a hearing.  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.  Such hearing is to be
held to determine whether to recommend to the Secretary that
the person's license be revoked, suspended, placed on
probationary status or reinstated, or whether such person
should be subject to other disciplinary action.  In the
hearing, the written communication and any other evidence
submitted therewith may be introduced as evidence against
such person; provided however, the person, or their
counsel, shall have the opportunity to discredit,  impeach
and submit evidence rebutting such evidence.
(Source: P.A. 102-20, eff. 1-1-22.)
(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     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 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 60/27) (from Ch. 111, par. 4400-27)
(Section scheduled to be repealed on January 1, 2027)
Sec. 27. 
		
		It is unlawful and punishable under Section 59 for any person
licensed under this Act to knowingly advertise that the licensee will accept as
payment for services rendered by assignment from any third party payor the
amount the third party payor covers as payment in full, if the effect is to
give the impression of eliminating the need of payment by the patient of any
required deductible or copayment applicable in the patient's health benefit
plan.
As used in this Section, "advertise" means solicitation by the licensee or
through another by means of handbills, posters, circulars, motion pictures,
radio, newspapers, television or in any other manner.
(Source: P.A. 85-4.)
(225 ILCS 60/28) (from Ch. 111, par. 4400-28)
(Section scheduled to be repealed on January 1, 2027)
Sec. 28. 
		
		Nothing in this Act shall prohibit the use
of the titles "Doctor of Medicine" or "M.D." by a person
licensed in this State to practice medicine in all of its
branches who has received a degree in medicine from a
medical school or college, other than an osteopathic medical
college, which satisfies the requirements of paragraph (a)
of Section 11 of this Act, notwithstanding that such degree
in medicine does not translate literally into "Doctor of
Medicine" or "M.D.".
(Source: P.A. 85-4.)
(225 ILCS 60/29) (from Ch. 111, par. 4400-29)
(Section scheduled to be repealed on January 1, 2027)
Sec. 29. 
		
		Any contract or agreement signed by any
person prior to, or as a condition of, such person receiving
medical treatment in any form, which releases from liability
any physician, hospital or other health care provider for
any malfeasance, misfeasance or nonfeasance in the course of
administering any medical treatment or service is void and
against the public policy of the State of Illinois.
(Source: P.A. 85-4.)
(225 ILCS 60/30) (from Ch. 111, par. 4400-30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 30. 
		Emergency care; civil liability. 
		Exemption from civil
liability for emergency care is as provided in the Good
Samaritan Act.
(Source: P.A. 89-607, eff. 1-1-97.)
(225 ILCS 60/31) (from Ch. 111, par. 4400-31)
(Section scheduled to be repealed on January 1, 2027)
Sec. 31. 
		Liability exclusion; free medical clinic. 
		
		Exemption from civil liability for medical services in a free clinic is as
provided in the Good Samaritan Act.
(Source: P.A. 88-342; 89-299, eff. 1-1-96; 89-607, eff. 1-1-97.)
(225 ILCS 60/32)
Sec. 32. (Repealed).
(Source: P.A. 85-4. Repealed by P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/33) (from Ch. 111, par. 4400-33)
(Section scheduled to be repealed on January 1, 2027)
Sec. 33. Legend drugs.
(a) Any person licensed under this Act to practice medicine in all
of its branches shall be authorized to purchase legend drugs requiring an
order of a person authorized to prescribe drugs, and to dispense such legend
drugs in the regular course of practicing medicine.  The dispensing of such
legend drugs shall be the personal act of the person licensed under this
Act and may not be delegated to any other person not licensed under this
Act or the Pharmacy Practice Act
unless such delegated
dispensing functions are under the direct supervision of the physician
authorized to dispense legend drugs.  Except when dispensing manufacturers'
samples or other legend drugs in a maximum 72 hour supply, persons licensed
under this Act shall maintain a book or file of prescriptions as required
in the Pharmacy Practice Act. Any person licensed under this
Act who dispenses any drug or medicine shall dispense such drug or
medicine in good faith and shall affix to the box, bottle,
vessel or package containing the same a label indicating (1) 
the date on which such drug or medicine is dispensed; (2) 
the name of the patient; (3) the last name of the person
dispensing such drug or medicine; (4) the directions for use
thereof; and (5) the proprietary name or names or, if there
are none, the established name or names of the drug or
medicine, the dosage and quantity, except as otherwise
authorized by regulation of the Department.
(b) The labeling requirements set forth in subsection (a) shall
not apply to drugs or medicines in a package which bears a label of the
manufacturer containing information describing its contents
which is in compliance with requirements of the Federal
Food, Drug, and Cosmetic Act and the Illinois Food, Drug, and Cosmetic Act.
"Drug" and "medicine" have the meanings ascribed to them in the Pharmacy Practice
Act, as now or hereafter amended; "good faith" has the meaning
ascribed to it in subsection (u) of Section 102 of the Illinois Controlled
Substances Act.
(c) Prior to dispensing a prescription to a patient, the physician shall
offer a written prescription to the patient which the patient may elect to
have filled by the physician or any licensed pharmacy.
(d) A violation of any provision of this Section shall constitute a violation
of this Act and shall be grounds for disciplinary action provided for in
this Act.
(e) Nothing in this Section shall be construed to authorize a  chiropractic physician to prescribe drugs.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/34) (from Ch. 111, par. 4400-34)
(Section scheduled to be repealed on January 1, 2027)
Sec. 34. 
		
		The provisions of this Act shall not be so
construed nor shall they be so administered as to
discriminate against any type or category of physician or
against any medical, osteopathic or chiropractic college.
(Source: P.A. 85-4.)
(225 ILCS 60/35) (from Ch. 111, par. 4400-35)
(Section scheduled to be repealed on January 1, 2027)
Sec. 35. 
The Secretary shall have 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 to suspend, revoke, place on probationary status, or
take any other disciplinary action with regard to a license.
The hearing officer shall have full authority to conduct the
hearing.  The hearing officer shall report his findings and
recommendations to the Medical Board within 30 days of
the receipt of the record.  The Medical Board shall
have 60 days from receipt of the report to review the report
of the hearing officer and present their findings of fact,
conclusions of law and recommendations to the Secretary.
(Source: P.A. 102-20, eff. 1-1-22.)
(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 Act, the Department shall investigate the
actions of any person, so accused, who holds or represents
that 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 him or her to file his or her
 written answer thereto to the Medical Board under
oath within 20 days after the service on him or her of such notice
and inform him or her that if he or she fails to file such answer
default will be taken against him or her and 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 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 he or she may provide testimony at the 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, 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 he or she 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.
(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 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 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 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.
(d) 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 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.  No such order shall
include the right of inspection of business, medical, or
personnel records located on the premises.  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 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 60/39) (from Ch. 111, par. 4400-39)
(Section scheduled to be repealed on January 1, 2027)
Sec. 39. Certified shorthand reporter; record. 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 hearing of any
case wherein a license may be revoked, suspended, placed on
probationary status, or other disciplinary action taken with
regard thereto in accordance with Section 2105-115 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.  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, exhibits, the report of the Medical Board, and the orders
of the Department constitute the record of the proceedings.
(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)
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 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 his or her license or permit to the Department, if ordered to do
so  by the Department, and upon 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 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 60/41) (from Ch. 111, par. 4400-41)
(Section scheduled to be repealed on January 1, 2027)
Sec. 41. Administrative review; certification of record.
(a) All final
administrative decisions of the Department are subject to judicial review
pursuant to the Administrative Review Law and its rules.  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, the venue shall be in Sangamon County.
(c) The Department shall not be required to certify any record to the court, to
file an answer in court, or to otherwise appear in any court in a judicial review
proceeding unless and until the Department has received from the plaintiff payment of the costs of furnishing and
certifying the record, which costs shall be determined by the Department.  Failure
on the part of the plaintiff to file a receipt in court shall be grounds for
dismissal of the action.  During the pendency and hearing of any and all
judicial proceedings incident to the disciplinary action the sanctions imposed
upon the accused by the Department because of acts or omissions related to
the delivery of direct patient care as specified in the Department's final
administrative decision, shall as a matter of public policy remain in full
force and effect in order to protect the public pending final resolution of
any of the proceedings.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/42) (from Ch. 111, par. 4400-42)
(Section scheduled to be repealed on January 1, 2027)
Sec. 42. 
An order of revocation, suspension,
placing the license on probationary status, or other formal
disciplinary action as the Department may deem proper, or a
certified copy thereof, over the seal of the Department and
purporting to be signed by the Secretary, is prima facie
proof that:
(a) Such signature is the genuine signature of the     Secretary;
(b) The Secretary is duly appointed and qualified; and
(c) The Medical Board and the members thereof are     qualified.
Such proof may be rebutted.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/43) (from Ch. 111, par. 4400-43)
(Section scheduled to be repealed on January 1, 2027)
Sec. 43. Restoration of license from discipline. At any time after the successful completion of a term of probation, suspension, or revocation of a license, 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 interest. No person or entity whose license or permit 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. 97-622, eff. 11-23-11.)
(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 contrary to the recommendation of the Medical
 Board, file with the Medical Board 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,
he or she may order a rehearing.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/45) (from Ch. 111, par. 4400-45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 45. 
		
		In all hearings conducted under this Act,
information received, pursuant to law, relating to any
information acquired by a physician in attending any patient
in a professional character, necessary to enable them
professionally to serve such patient, shall be deemed
strictly confidential and shall only be made available
either as part of the record of such hearing or otherwise:
(a) when such record is required, in its entirety, for
purposes of judicial review pursuant to this Act; or (b)
upon the express, written consent of the patient, or in the
case of their death or disability, of their personal
representative.
(Source: P.A. 85-4.)
(225 ILCS 60/46) (from Ch. 111, par. 4400-46)
(Section scheduled to be repealed on January 1, 2027)
Sec. 46. 
		
		In the event that the Department's order
of revocation, suspension, placing the licensee on
probationary status, or other order of formal disciplinary
action is without any reasonable basis in fact of any kind,
then the State of Illinois shall be liable to the injured
physician for those special damages they have suffered as a
direct result of such order.
(Source: P.A. 85-4.)
(225 ILCS 60/47) (from Ch. 111, par. 4400-47)
(Section scheduled to be repealed on January 1, 2027)
Sec. 47. Administrative Procedure Act. The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license is specifically excluded.  For the purposes of this Act the notice
required under Section 10-25 of the Illinois Administrative Procedure Act is
deemed sufficient when mailed or emailed to the address of record of a party.
(Source: P.A. 102-20, eff. 1-1-22.)
(225 ILCS 60/48) (from Ch. 111, par. 4400-48)
(Section scheduled to be repealed on January 1, 2027)
Sec. 48. 
		
		All licenses and certificates heretofore
legally issued by authority of law in this State permitting
the holder thereof to practice medicine in all of its
branches, or to treat human ailments without the use of
drugs and operative surgery, and which are valid and in full
force and effect on the taking effect of this Act, shall
have the same force and effect, and be subject to the same
authority of the Department to revoke or suspend them as
licenses issued under this Act.
(Source: P.A. 85-4.)
(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 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 his or her name indicating that 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 60/49.5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 49.5. Telemedicine.
(a) The General Assembly finds and declares that because of
technological advances and changing practice patterns the practice of medicine
is occurring with increasing frequency across state lines and across increasing geographical distances within the State of Illinois and that certain
technological advances in the practice of medicine are in the public interest.
The General Assembly further finds and declares that the practice of medicine
is
a privilege and that the licensure by this State of practitioners outside this
State engaging in medical practice within this State and the ability to
discipline those practitioners is necessary for the protection of the public
health,
welfare, and safety.
(b) A person who engages in the practice of telemedicine without
a license or permit issued under this Act shall be subject to penalties
provided in Section 59. A person with a temporary permit for health care may treat a patient located in this State through telehealth services in a manner consistent with the person's scope of practice and agreement with a sponsoring entity.
(c) For purposes of this Act, "telemedicine" means the performance of any
of the activities listed in Section 49, including, but not limited to, rendering
written or oral opinions concerning diagnosis or treatment of a patient in
Illinois by a person in a different location than the patient as a result of
transmission of individual patient data by telephonic, electronic, or other
means of communication. "Telemedicine" does not include
the following:
(1) periodic consultations between a person licensed     under this Act and a person outside the State of Illinois;
(2) a second opinion provided to a person licensed     under this Act;
(3) diagnosis or treatment services provided to a     patient in Illinois following care or treatment originally provided to the patient in the state in which the provider is licensed to practice medicine; and
(4) health care services provided to an existing     patient while the person licensed under this Act or patient is traveling.
(d) Whenever the Department has reason to believe that a 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.
(e) An out-of-state person providing a service listed in Section 49 to a
patient residing in
Illinois through the practice of telemedicine submits himself or herself to the
jurisdiction of the courts of this
State.
(Source: P.A. 102-1117, eff. 1-13-23.)
(225 ILCS 60/50) (from Ch. 111, par. 4400-50)
(Section scheduled to be repealed on January 1, 2027)
Sec. 50. 
		
		Any person who practices medicine in all
of its branches or treats human ailments without the use of
drugs or operative surgery including, but not limited to, treatment or
diagnosis of any physical or mental ailments or conditions including, but
not limited to, deformities, diseases, disorders, or injuries without a
valid license under the laws of this State shall be sentenced as provided
in Section 59.
(Source: P.A. 87-660.)
(225 ILCS 60/51) (from Ch. 111, par. 4400-51)
(Section scheduled to be repealed on January 1, 2027)
Sec. 51. 
		
		Any person who treats human ailments by
the use of drugs or operative surgery and has only a license
to treat human ailments without the use of drugs and without
operative surgery, shall be sentenced as provided in Section
59.
(Source: P.A. 85-4.)
(225 ILCS 60/52) (from Ch. 111, par. 4400-52)
(Section scheduled to be repealed on January 1, 2027)
Sec. 52. 
		
		Any person, not licensed in this State to
practice medicine in all of its branches, who holds
themselves out by any sign or advertisement, or by a writing
of any kind, to treat human ailments without therein
attaching to their name a word or words indicating the
system, method or kind of practice which they are licensed
to pursue in this State, shall be sentenced as provided in
Section 59.
(Source: P.A. 85-4.)
(225 ILCS 60/53) (from Ch. 111, par. 4400-53)
(Section scheduled to be repealed on January 1, 2027)
Sec. 53. 
		
		Any person who obtains a fee, either
directly or indirectly, either in money or in value, or in
the form of a financial profit either as personal
compensation or as compensation, charge, profit or gain for
an employer, or any other person or persons, on the
representation that they can permanently cure a manifestly
incurable condition of sickness, disease or injury of any
person, shall be sentenced as provided in Section 59.
(Source: P.A. 85-4.)
(225 ILCS 60/54) (from Ch. 111, par. 4400-54)
(Section scheduled to be repealed on January 1, 2027)
Sec. 54. 
A person who holds himself or herself out to treat human ailments
under a name other than 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 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 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 promulgate rules concerning a physician's delegation, including but not limited to, the use of light emitting devices for patient care or treatment.
(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) 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 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.)
(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 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 registered nurse commensurate with 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
(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
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 referral or otherwise, other than as provided in Section 22.2.
(Source: P.A. 103-228, eff. 1-1-24.)
(225 ILCS 60/54.6)
(Section scheduled to be repealed on January 1, 2027)
Sec. 54.6. Registered nurse administration of limited levels of anesthesia. Nothing in this Act precludes a registered nurse from administering local anesthesia or minimal sedation or moderate sedation, as defined by rule, ordered by a physician licensed to practice medicine in all its branches. The Department shall define the levels of anesthesia by rule. The Department shall list the medications for moderate sedation that are permitted under subsection (c) of Section 6.7 of the Ambulatory Surgical Treatment Act as rapidly reversible pharmacologically.
(Source: P.A. 94-861, eff. 6-16-06.)
(225 ILCS 60/55) (from Ch. 111, par. 4400-55)
(Section scheduled to be repealed on January 1, 2027)
Sec. 55. 
		
		Any person who holds themselves
out to treat human ailments by any system or method of
treatment other than that for which they hold a valid
license shall be sentenced as provided in Section 59.
(Source: P.A. 85-4.)
(225 ILCS 60/56) (from Ch. 111, par. 4400-56)
(Section scheduled to be repealed on January 1, 2027)
Sec. 56. 
		
		Any person who employs fraud or deception
in applying for or securing a license under this Act, or in
passing any examination therefor, shall be sentenced as
provided by Section 59.  Any person who employs 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, or cheating on or attempting to
subvert the licensing examinations administered under this
Act, shall be sentenced as provided by Section 59.
(Source: P.A. 85-4.)
(225 ILCS 60/57) (from Ch. 111, par. 4400-57)
(Section scheduled to be repealed on January 1, 2027)
Sec. 57. 
		
		Any person who shall in connection with
any application or examination before the Department file,
or attempt to file, with the Department as their own, the
diploma or license of another, shall be sentenced therefor as
the law shall prescribe at the time for forgery.
(Source: P.A. 85-4.)
(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 wilfully swear or
affirm falsely, or make or file any affidavit 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 60/59) (from Ch. 111, par. 4400-59)
(Section scheduled to be repealed on January 1, 2027)
Sec. 59. 
Any person who violates for the first time
Section 49, 50, 51, 52, 53, 54, 55, or 56 of this Act is
guilty of a Class 4 felony.  Any person who violates for the
first time Section 27 of this Act is guilty of a Class A
misdemeanor.
Any person who has been previously convicted under
Section 49, 50, 51, 52, 53, 54, 55, or 56 of this Act and
who subsequently violates any of the Sections is guilty of a
Class 3 felony.  Any person who has been previously
convicted under Section 27 of this Act and who subsequently
violates Section 27 is guilty of a Class 4 felony.  In
addition, whenever any person is punished as a repeat
offender under this Section, the Secretary of the Department
shall proceed to obtain a permanent injunction against such
person under Section 61 of this Act.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/60) (from Ch. 111, par. 4400-60)
(Section scheduled to be repealed on January 1, 2027)
Sec. 60. 
		
		All such fines shall be deposited in the
Professional Regulation Evidence Fund.
(Source: P.A. 85-4.)
(225 ILCS 60/61) (from Ch. 111, par. 4400-61)
(Section scheduled to be repealed on January 1, 2027)
Sec. 61. 
The practice of medicine in all of its
branches or the treatment of human ailments without the use
of drugs and without operative surgery by any person not at
that time holding a valid and current license under this Act
to do so is hereby declared to be inimical to the public
welfare and to constitute a public nuisance.  The Secretary 
of the Department, the Attorney General of the State of
Illinois, the State's Attorney of any County in the State,
or any resident citizen may maintain an action in the name
of the people of the State of Illinois, may apply for an
injunction in the circuit court to enjoin any such person
from engaging in such practice; and, upon the filing of a
verified petition in such court, the court or any judge
thereof, if satisfied by affidavit, or otherwise, that such
person has been engaged in such practice without a valid and
current license to do so, may issue a temporary restraining
order or preliminary injunction without notice or bond,
enjoining the defendant from any such further practice.  A
copy of the verified complaint shall be served upon the
defendant and the proceedings shall thereafter be conducted
as in other civil cases.  If it be established that the
defendant has been, or is engaged in any such unlawful
practice, the court, or any judge thereof, may enter an
order or judgment perpetually enjoining the defendant from
further engaging in such practice.  In all proceedings
hereunder the court, in its discretion, may apportion the
costs among the parties interested in the suit, including
cost of filing complaint, service of process, witness fees
and expenses, court reporter charges and reasonable
attorneys fees.  In case of violation of any injunction
entered under the provisions of this Section, the court, or
any judge thereof, 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 in this Act provided.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/62) (from Ch. 111, par. 4400-62)
(Section scheduled to be repealed on January 1, 2027)
Sec. 62. 
		
		No proceedings to revoke or suspend any
license shall abate by reason of the passage of this Act.
The Department may revoke or suspend a license on account of
any act or circumstance occurring before this Act shall take
effect, if such act or circumstance is a ground for such
revocation or suspension under the provisions of the law in
effect at the time of such act or circumstance.
(Source: P.A. 85-4.)
(225 ILCS 60/63) (from Ch. 111, par. 4400-63)
(Section scheduled to be repealed on January 1, 2027)
Sec. 63. 
		Reinstatement of existing licenses. 
		All certificates,
permits, and
licenses in effect
on the date this amendatory Act of 1996  becomes a law, and issued
pursuant to
the Medical Practice Act of 1987, as
amended, are reinstated for the balance of the term for
which last issued.  All rules in effect on the date this Act
becomes law and promulgated pursuant to the Medical
Practice Act of 1987, as amended, shall
remain in full force and effect on the effective date of
this amendatory Act of 1996 without being promulgated again by the
Department,
except to the extent any such rule or regulation is
inconsistent with any provision of this Act.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 60/64)
(Section scheduled to be repealed on January 1, 2027)
Sec. 64. Sexually Transmissible Disease Control Act. No licensee under this Act may be disciplined for providing expedited partner therapy in accordance with the provisions of the Illinois Sexually Transmissible Disease Control Act.
(Source: P.A. 96-613, eff. 1-1-10.)
(225 ILCS 60/65)
(Section scheduled to be repealed on January 1, 2027)
Sec. 65. Annie LeGere Law; epinephrine auto-injector. A licensee under this Act may not be subject to discipline for providing a standing order or prescription for an epinephrine auto-injector in accordance with Section 40 of the Illinois State Police Act or  Section 10.19 of the Illinois Police Training Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(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 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.
(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.
(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 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 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 Section 43 of this Act to restore his or her permit, unless the permit holder has exceeded 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 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 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.)