HB 4935 — HEALTHCARE JOBS-FEE SPLITTING

For purposes of this HB4935 Engrossed - 23 - LRB096 16173 ASK 31425 b paragraph 25, "irregularities in billing" shall include:

HB4935 - 23 - LRB096 16173 ASK 31425 b (a) Reporting excessive charges for the purpose of obtaining a total payment in excess of that usually received by the dentist for the services rendered.

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 3 years after receipt by the Department of a complaint alleging the HB4935 Engrossed - 24 - LRB096 16173 ASK 31425 b receipt by the Department of a complaint alleging the commission of or notice of the conviction order for any of the acts described herein.

(1) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department may deem proper, HB4935 Engrossed - 25 - LRB096 16173 ASK 31425 b disciplinary action as the Department may deem proper, including fines not to exceed $1000 for each violation, with regard to any license or certificate for any one or combination of the following causes:

(j) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable HB4935 Engrossed - 26 - LRB096 16173 ASK 31425 b judgment, skill, or safety.

HB4935 - 26 - LRB096 16173 ASK 31425 b (k) Discipline by another state, territory, or country if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.

Nothing in this paragraph (l)(1) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (1) shall be construed to require an employment arrangement to receive professional fees for services rendered.

(n) Conviction by any court of competent jurisdiction, either within or outside this State, of any violation of any law governing the practice of dietetics or nutrition counseling, if the Department determines, after HB4935 Engrossed - 27 - LRB096 16173 ASK 31425 b counseling, if the Department determines, after investigation, that the person has not been sufficiently rehabilitated to warrant the public trust.

The Board or the Department may order the examining physician to present testimony concerning the mental or physical HB4935 Engrossed - 28 - LRB096 16173 ASK 31425 b present testimony concerning the mental or physical examination of a licensee or applicant.

Any individual whose license was granted, continued, reinstated, or renewed subject to conditions, terms, or restrictions, as provided for in this Section, or any individual who was disciplined or placed on supervision pursuant to this Section must be referred to the Director for a HB4935 Engrossed - 29 - LRB096 16173 ASK 31425 b determination as to whether the individual shall have his or HB4935 - 29 - LRB096 16173 ASK 31425 b her license suspended immediately, pending a hearing by the Board.

10-31-03.) Section 30.27.

The Health Care Worker Self-Referral Act is amended by adding Section 50 as follows:

(225 ILCS 47/50 new) Sec.

50.

Statutorily required referrals.

HB4935 Engrossed - 30 - LRB096 16173 ASK 31425 b (a) With respect to statutorily required referrals for physical therapy services, occupational therapy services, athletic trainer services, or genetic counselor services, a patient shall be informed that he or she may request a referral for these services outside or independent of the authorized referring health care worker's group practice, facility, or health professional's or provider's office (hereinafter "practice").

This notice to the patient may take the following or a similar form:

For your information, the health care professionals in this practice (or legal entity) are financially integrated.

If you are referred to a health care professional in this practice for physical therapy services, occupational therapy services, athletic trainer services, or genetic counselor services, please note that you may request and receive a referral for these services outside or independent of this practice.

(b) For the purposes of this Section, "referral" means the authority required by Illinois law for a physical therapist, occupational therapist, athletic trainer, or genetic counselor to provide services to a patient.

Section 30.

7418) HB4935 Engrossed - 31 - LRB096 16173 ASK 31425 b (Section scheduled to be repealed on January 1, 2016) Sec.

The Department may HB4935 - 30 - LRB096 16173 ASK 31425 b refuse to issue or renew a license or it may revoke, suspend, place on probation, censure, fine, or reprimand a licensee for any of the following:

HB4935 Engrossed - 32 - LRB096 16173 ASK 31425 b (j) Knowingly employing, directly or indirectly, any suspended or unlicensed person to perform any services covered HB4935 - 31 - LRB096 16173 ASK 31425 b by this Act.

Nothing in this paragraph (m) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (m) shall be construed to require an employment arrangement to receive professional fees for services rendered.

HB4935 Engrossed - 33 - LRB096 16173 ASK 31425 b (p) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected HB4935 - 32 - LRB096 16173 ASK 31425 b Child Reporting Act.

HB4935 Engrossed - 34 - LRB096 16173 ASK 31425 b (4) contains a representation that a product innovation is new when, in fact, the product was first HB4935 - 33 - LRB096 16173 ASK 31425 b offered by the manufacturer to the general public in this State not less than 12 months before the date of the advertisement;

(u) Representing that the service of a licensed physician or other health professional will be used or made available in the fitting, adjustment, maintenance, or repair of hearing instruments when that is not true, or using the words "doctor", "audiologist", "clinic", "Clinical Audiologist", "Certified Hearing Aid Audiologist", "State Licensed", "State Certified", "Hearing Care Professional", "Licensed Hearing Instrument Dispenser", "Licensed Hearing Aid Dispenser", "Board Certified Hearing Instrument Specialist", "Hearing Instrument Specialist", "Licensed Audiologist", or any other term, abbreviation or symbol which would give the impression that HB4935 Engrossed - 35 - LRB096 16173 ASK 31425 b service is being provided by persons who are licensed or awarded a degree or title, or that the person's service who is HB4935 - 34 - LRB096 16173 ASK 31425 b holding the license has been recommended by a governmental agency or health provider, when such is not the case.

HB4935 Engrossed - 36 - LRB096 16173 ASK 31425 b (bb) Violating the regulations of the Federal Food and Drug Administration or the Federal Trade Commission as they affect HB4935 - 35 - LRB096 16173 ASK 31425 b hearing instruments.

(a) The Department may refuse to issue or renew, or may revoke a license, or may suspend, place on probation, fine, or HB4935 Engrossed - 37 - LRB096 16173 ASK 31425 b take any disciplinary or non-disciplinary action as the Department may deem proper, including fines not to exceed HB4935 - 36 - LRB096 16173 ASK 31425 b $10,000 for each violation, with regard to any licensee for any one or combination of the following causes:

HB4935 Engrossed - 38 - LRB096 16173 ASK 31425 b (10) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug HB4935 - 37 - LRB096 16173 ASK 31425 b that results in the inability to practice with reasonable judgment, skill, or safety.

Nothing in this paragraph (12) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to require an employment arrangement to receive professional fees for services rendered.

HB4935 Engrossed - 39 - LRB096 16173 ASK 31425 b (14) Abandonment of a patient without cause.

(15) Willfully making or filing false records or HB4935 - 38 - LRB096 16173 ASK 31425 b reports relating to a licensee's practice, including but not limited to false records filed with State agencies or departments.

HB4935 Engrossed - 40 - LRB096 16173 ASK 31425 b (22) Gross overcharging for professional services including filing statements for collection of fees or HB4935 - 39 - LRB096 16173 ASK 31425 b moneys for which services are not rendered.

(d) The Department may refuse to issue or may suspend the license of any person who fails to file a return, pay the tax, penalty, or interest shown in a filed return or pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until HB4935 Engrossed - 41 - LRB096 16173 ASK 31425 b the time the requirements of the tax Act are satisfied.

(e) In enforcing this Section, the Department or Board upon HB4935 - 40 - LRB096 16173 ASK 31425 b a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department.

If the Department or Board finds an individual unable to practice because of the reasons set forth in this Section, the Department or Board may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department or Board, as a condition, term, or HB4935 Engrossed - 42 - LRB096 16173 ASK 31425 b restriction for continued, reinstated, or renewed licensure to practice;

or, in lieu of care, counseling, or treatment, the HB4935 - 41 - LRB096 16173 ASK 31425 b Department may file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual.

HB4935 Engrossed - 43 - LRB096 16173 ASK 31425 b (Source:

12-31-07.) HB4935 - 42 - LRB096 16173 ASK 31425 b Section 40.

(2) Material misstatement in furnishing information to HB4935 Engrossed - 44 - LRB096 16173 ASK 31425 b the Department.

HB4935 - 43 - LRB096 16173 ASK 31425 b jurisdiction that is (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) directly related to the practice of the profession.

(12) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association HB4935 Engrossed - 45 - LRB096 16173 ASK 31425 b any fee, commission, rebate, or other form of compensation for any professional services not actually or personally HB4935 - 44 - LRB096 16173 ASK 31425 b rendered.

Nothing in this paragraph (12) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to require an employment arrangement to receive professional fees for services rendered.

HB4935 Engrossed - 46 - LRB096 16173 ASK 31425 b (16) Willfully making or filing false records or reports relating to a licensee's practice, including but not limited to, false records filed with State agencies or HB4935 - 45 - LRB096 16173 ASK 31425 b departments.

(23) Continued practice by a person knowingly having an HB4935 Engrossed - 47 - LRB096 16173 ASK 31425 b infectious or contagious disease.

(24) Being named as a perpetrator in an indicated report by the Department of Children and Family Services HB4935 - 46 - LRB096 16173 ASK 31425 b under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or a neglected child as defined in the Abused and Neglected Child Reporting Act.

(29) Having treated ailments of human beings other than by the practice of naprapathy as defined in this Act, or having treated ailments of human beings as a licensed naprapath independent of a documented referral or documented current and relevant diagnosis from a HB4935 Engrossed - 48 - LRB096 16173 ASK 31425 b physician, dentist, or podiatrist, or having failed to notify the physician, dentist, or podiatrist who established a documented current and relevant diagnosis HB4935 - 47 - LRB096 16173 ASK 31425 b that the patient is receiving naprapathic treatment pursuant to that diagnosis.

Exceptions for extreme hardships are to be defined by the HB4935 Engrossed - 49 - LRB096 16173 ASK 31425 b rules of the Department.

(34) Willfully making or filing false records or reports in the practice of naprapathy, including, but not HB4935 - 48 - LRB096 16173 ASK 31425 b 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.

HB4935 Engrossed - 50 - LRB096 16173 ASK 31425 b (b) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities HB4935 - 49 - LRB096 16173 ASK 31425 b Code operates as an automatic suspension.

Failure of any person to submit to a mental or physical examination, when HB4935 Engrossed - 51 - LRB096 16173 ASK 31425 b directed, shall be grounds for suspension of a license until the person submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the HB4935 - 50 - LRB096 16173 ASK 31425 b examination was without reasonable cause.

The Department shall have the authority to review the subject person's record of treatment and counseling regarding the HB4935 Engrossed - 52 - LRB096 16173 ASK 31425 b impairment, to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

HB4935 - 51 - LRB096 16173 ASK 31425 b A person licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.

(1) Material deception in furnishing information to HB4935 Engrossed - 53 - LRB096 16173 ASK 31425 b the Department.

(2) Material violations of any provision of this Act or violation of the rules of or final administrative action of HB4935 - 52 - LRB096 16173 ASK 31425 b the Secretary, after consideration of the recommendation of the Board.

(8) Unlawful taking, theft, selling, distributing, or HB4935 Engrossed - 54 - LRB096 16173 ASK 31425 b manufacturing of any drug, narcotic, or prescription device.

(9) Habitual or excessive use or addiction to alcohol, HB4935 - 53 - LRB096 16173 ASK 31425 b narcotics, stimulants, or any other chemical agent or drug that could result in a licensee's inability to practice with reasonable judgment, skill or safety.

(13) 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 HB4935 Engrossed - 55 - LRB096 16173 ASK 31425 b child abuse or neglect as required by the Abused and Neglected Child Reporting Act.

(14) Gross negligence in the practice of practical, HB4935 - 54 - LRB096 16173 ASK 31425 b professional, or advanced practice nursing.

(18) Failing, within 60 days, to provide information in HB4935 Engrossed - 56 - LRB096 16173 ASK 31425 b response to a written request made by the Department.

HB4935 - 55 - LRB096 16173 ASK 31425 b (20) Fraud, deceit 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.

(27) The use of any false, fraudulent, or deceptive HB4935 Engrossed - 57 - LRB096 16173 ASK 31425 b statement in any document connected with the licensee's practice.

(28) Directly or indirectly giving to or receiving from HB4935 - 56 - LRB096 16173 ASK 31425 b a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered.

Nothing in this paragraph (28) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as advanced practice nurses, physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (28) shall be construed to require an employment arrangement to receive professional fees for services rendered.

(31) Exceeding the terms of a collaborative agreement or the prescriptive authority delegated to a licensee by HB4935 Engrossed - 58 - LRB096 16173 ASK 31425 b his or her collaborating physician or podiatrist in guidelines established under a written collaborative agreement.

HB4935 - 57 - LRB096 16173 ASK 31425 b (32) Making a false or misleading statement regarding a licensee's skill or the efficacy or value of the medicine, treatment, or remedy prescribed by him or her in the course of treatment.

(c) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities HB4935 Engrossed - 59 - LRB096 16173 ASK 31425 b Code, as amended, operates as an automatic suspension.

The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or HB4935 - 58 - LRB096 16173 ASK 31425 b judicial admission and issues an order so finding and discharging the patient;

The examining physicians shall be specifically designated by the HB4935 Engrossed - 60 - LRB096 16173 ASK 31425 b Board or Department.

Failure of an HB4935 - 59 - LRB096 16173 ASK 31425 b individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing.

An individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, HB4935 Engrossed - 61 - LRB096 16173 ASK 31425 b conditions, or restrictions, shall be referred to the Secretary for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the HB4935 - 60 - LRB096 16173 ASK 31425 b Department.

(a) The Department may refuse to issue or renew, HB4935 Engrossed - 62 - LRB096 16173 ASK 31425 b or may revoke, suspend, place on probation, reprimand or take other disciplinary action as the Department may deem proper, including fines not to exceed $2,500 for each violation, with HB4935 - 61 - LRB096 16173 ASK 31425 b regard to any license for any one or combination of the following:

(7) Failing, within 60 days, to provide information in HB4935 Engrossed - 63 - LRB096 16173 ASK 31425 b response to a written request made by the Department;

(8) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, HB4935 - 62 - LRB096 16173 ASK 31425 b defraud or harm the public;

(11) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership,partnership , or association any fee, commission, rebate or other form of compensation for professional services not actually or personally rendered.

Nothing in this paragraph (11) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act;Act.

(12)Nothing Ain findingthis byparagraph the(11) Departmentshall thatbe theconstrued licenseto holder,require afteran havingemployment hisarrangement licenseto disciplined,receive hasprofessional violatedfees thefor termsservices ofrendered; the discipline;

(13)(12) WilfullyA makingfinding orby filingthe falseDepartment recordsthat orthe reportslicense HB4935 Engrossed - 6364 - LRB096 16173 ASK 31425 b inholder, theafter practicehaving ofhis occupationallicense therapy,disciplined, includinghas butviolated notthe limitedterms toof false records filed with the Statediscipline; agencies or departments;

(13) Wilfully making or filing false records or reports in the practice of occupational therapy, including but not limited to false records filed with the State agencies or departments;

(20) Obtaining a fee in money or gift in kind of any other items of value or in the form of financial profit or benefit as personal compensation, or as compensation, or charge, profit or gain for an employer or for any other person or persons, on the fraudulent misrepresentation HB4935 Engrossed - 65 - LRB096 16173 ASK 31425 b that a manifestly incurable condition of sickness, disease or injury to any person can be cured;

(21) Accepting commissions or rebates or other forms of HB4935 - 64 - LRB096 16173 ASK 31425 b remuneration for referring persons to other professionals;

(b) The determination by a circuit court that a license holder is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code, as now or hereafter amended, operates as an HB4935 Engrossed - 66 - LRB096 16173 ASK 31425 b automatic suspension.

Such suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, an order by the HB4935 - 65 - LRB096 16173 ASK 31425 b court so finding and discharging the patient, and the recommendation of the Board to the Director that the license holder be allowed to resume his practice.

No information shall be excluded by reason of any common law or statutory privilege HB4935 Engrossed - 67 - LRB096 16173 ASK 31425 b relating to communications between a licensee or applicant and the examining physician or clinical psychologist.

An individual to be examined may have, at his or her own expense, HB4935 - 66 - LRB096 16173 ASK 31425 b another physician or clinical psychologist of his or her choice present during all aspects of the examination.

Any individual whose license was granted, continued, reinstated, or renewed subject to conditions, terms, or restrictions, as provided for in this Section, or any individual who was disciplined or placed on supervision pursuant to this Section must be referred to the Director for a HB4935 Engrossed - 68 - LRB096 16173 ASK 31425 b determination as to whether the person shall have his or her license suspended immediately, pending a hearing by the Board.

8-20-04.) HB4935 - 67 - LRB096 16173 ASK 31425 b Section 60.

(3) Conviction of, or entry of a plea of guilty or nolo contendere to any crime that is a felony under the laws of the United States or any state or territory thereof or that is a misdemeanor of which an essential element is dishonesty, or any crime that is directly related to the HB4935 Engrossed - 69 - LRB096 16173 ASK 31425 b practice of the profession.

HB4935 - 68 - LRB096 16173 ASK 31425 b (5) A pattern of practice or other behavior that demonstrates incapacity or incompetence to practice under this Act.

(12) Directly or indirectly giving to or receiving from a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for HB4935 Engrossed - 70 - LRB096 16173 ASK 31425 b professional services not actually or personally rendered.

Nothing in this paragraph (12) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth HB4935facilities, -health 69 - LRB096 16173 ASK 31425 b providers, such as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to require an employment arrangement to receive professional fees for services rendered.

(17) Inability to practice the profession with reasonable judgment, skill, or safety as a result of a physical illness, including, but not limited to, deterioration through the aging process or loss of motor HB4935 Engrossed - 71 - LRB096 16173 ASK 31425 b skill, or a mental illness or disability.

HB4935 - 70 - LRB096 16173 ASK 31425 b (b) In enforcing this Section, the Department or Board upon a showing of a possible violation, may compel a licensee or applicant to submit to a mental or physical examination, or both, as required by and at the expense of the Department.

In instances in which the Secretary immediately suspends a person's license for his or her failure to submit to a mental or physical examination, when directed, a hearing on that person's license must be convened by the Department within 15 HB4935 Engrossed - 72 - LRB096 16173 ASK 31425 b days after the suspension and completed without appreciable delay.

In instances in which the Secretary otherwise suspends a HB4935 - 71 - LRB096 16173 ASK 31425 b person's license pursuant to the results of a compelled mental or physical examination, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay.

(d) In cases where the Department of Healthcare and Family HB4935 Engrossed - 73 - LRB096 16173 ASK 31425 b Services (formerly Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has HB4935 - 72 - LRB096 16173 ASK 31425 b subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with subsection (a)(5) of Section 15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).

HB4935 Engrossed - 74 - LRB096 16173 ASK 31425 b (225 ILCS 85/30) (from Ch.

HB4935 - 73 - LRB096 16173 ASK 31425 b (a) The Department may refuse to issue or renew, or may revoke a license or registration, or may suspend, place on probation, fine, or take any disciplinary or non-disciplinary action as the Department may deem proper, including fines not to exceed $10,000 for each violation, with regard to any licensee or registrant for any one or combination of the following causes:

jurisdiction or foreign HB4935 Engrossed - 75 - LRB096 16173 ASK 31425 b nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.

HB4935 - 74 - LRB096 16173 ASK 31425 b 9.

Nothing in this item 9 prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, pharmacies, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this item 9 shall be construed to require an employment arrangement to receive professional fees for services rendered.

Physical illness, including but not limited to, deterioration through the aging process, or loss of motor skill which results in the inability to practice the HB4935 Engrossed - 76 - LRB096 16173 ASK 31425 b profession with reasonable judgment, skill or safety.

HB4935 - 75 - LRB096 16173 ASK 31425 b 14.

Gross and willful overcharging for professional services including filing false statements for collection of fees for which services are not rendered, including, but not limited to, filing false statements for collection of monies for services not rendered from the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under HB4935 Engrossed - 77 - LRB096 16173 ASK 31425 b the Public Aid Code.

HB4935 - 76 - LRB096 16173 ASK 31425 b 19.

Failing to report within 60 days to the Department HB4935 Engrossed - 78 - LRB096 16173 ASK 31425 b any adverse final action taken against a pharmacist, pharmacist technician, or certified pharmacist technician by another licensing jurisdiction in any other state or any HB4935 - 77 - LRB096 16173 ASK 31425 b territory of the United States or any foreign jurisdiction, any governmental agency, any law enforcement agency, or any court for acts or conduct similar to acts or conduct that would constitute grounds for discipline as defined in this Section.

A person whose license or HB4935 Engrossed - 79 - LRB096 16173 ASK 31425 b certificate of registration issued under the provisions of this Act or any prior Act of this State is revoked under this subsection (c) shall be prohibited from engaging in the HB4935 - 78 - LRB096 16173 ASK 31425 b practice of pharmacy in this State.

(g) In enforcing this Section, the Board or the Department, upon a showing of a possible violation, may compel any licensee or applicant for licensure under this Act to submit to a mental HB4935 Engrossed - 80 - LRB096 16173 ASK 31425 b or physical examination or both, as required by and at the expense of the Department.

The examining physician, or multidisciplinary team involved in providing physical and HB4935 - 79 - LRB096 16173 ASK 31425 b mental examinations led by a physician consisting of one or a combination of licensed physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff, shall be those specifically designated by the Department.

If the Board finds a pharmacist, certified pharmacy technician, or pharmacy technician unable to practice HB4935 Engrossed - 81 - LRB096 16173 ASK 31425 b because of the reasons set forth in this Section, the Board shall require such pharmacist, certified pharmacy technician, or pharmacy technician to submit to care, counseling, or HB4935 - 80 - LRB096 16173 ASK 31425 b treatment by physicians or other appropriate health care providers approved or designated by the Board as a condition for continued, reinstated, or renewed licensure to practice.

1-1-10.) HB4935 Engrossed - 82 - LRB096 16173 ASK 31425 b Section 70.

HB4935 - 81 - LRB096 16173 ASK 31425 b (225 ILCS 90/17) (from Ch.

Making any misrepresentation for the purpose of obtaining licenses, or violating any provision of this Act HB4935 Engrossed - 83 - LRB096 16173 ASK 31425 b or the rules promulgated thereunder pertaining to advertising;

A pattern of practice or other behavior which HB4935 - 82 - LRB096 16173 ASK 31425 b demonstrates incapacity or incompetency to practice under this Act;

Revocation or suspension of a license to practice HB4935 Engrossed - 84 - LRB096 16173 ASK 31425 b physical therapy as a physical therapist or physical therapist assistant or the taking of other disciplinary action by the proper licensing authority of another state, HB4935 - 83 - LRB096 16173 ASK 31425 b territory or country;

Nothing in this paragraph (L) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act;Act.

HB4935 Engrossed - 8485 - LRB096 16173 ASK 31425 b M.Nothing in this paragraph (L) shall be construed to require an employment arrangement to receive professional fees for services rendered;

M.

The use of the term physical therapist assistant, or abbreviations, figures, or letters with the intention of indicating practice as a physical therapist assistant HB4935 Engrossed - 86 - LRB096 16173 ASK 31425 b without a valid license as a physical therapist assistant issued under this Act;

Willfully violating or knowingly assisting in the HB4935 - 85 - LRB096 16173 ASK 31425 b violation of any law of this State relating to the practice of abortion;

Interpretation of referrals, performance of evaluation procedures, planning or making major HB4935 Engrossed - 87 - LRB096 16173 ASK 31425 b modifications of patient programs by a physical therapist assistant;

Failure by a physical therapist assistant and HB4935 - 86 - LRB096 16173 ASK 31425 b supervising physical therapist to maintain continued contact, including periodic personal supervision and instruction, to insure safety and welfare of patients;

1-1-06.) HB4935 Engrossed - 88 - LRB096 16173 ASK 31425 b Section 75.

HB4935 - 87 - LRB096 16173 ASK 31425 b (225 ILCS 95/21) (from Ch.

HB4935 Engrossed - 89 - LRB096 16173 ASK 31425 b (6) Aiding or assisting another person in violating any provision of this Act or its rules.

(7) Failing, within 60 days, to provide information in HB4935 - 88 - LRB096 16173 ASK 31425 b response to a written request made by the Department.

Nothing in this paragraph (11) prohibitsaffects contractualany bona fide independent contractor or employment arrangements, which may include compensation,provisions usefor ofcompensation, space, staff, equipment, health insurance, pension, or other employment benefits, with persons or entities authorized under this Act for the provision of services within the licensee's scope of the licensee's practice under this Act.

HB4935 Engrossed - 90 - LRB096 16173 ASK 31425 b (12) A finding by the Disciplinary Board that the licensee, after having his or her license placed on probationary status has violated the terms of probation.

HB4935 - 89 - LRB096 16173 ASK 31425 b (13) Abandonment of a patient.

(20) Employment of fraud, deception or any unlawful HB4935 Engrossed - 91 - LRB096 16173 ASK 31425 b means in applying for or securing a license as a physician assistant.

(21) Exceeding the authority delegated to him or her by HB4935 - 90 - LRB096 16173 ASK 31425 b his or her supervising physician in a written supervision agreement.

HB4935 Engrossed - 92 - LRB096 16173 ASK 31425 b (29) A pattern of practice or other behavior that demonstrates incapacity or incompetence to practice under this Act.

HB4935 - 91 - LRB096 16173 ASK 31425 b (30) Violating State or federal laws or regulations relating to controlled substances or other legend drugs.

The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient, and upon the recommendation of the Disciplinary Board to the HB4935 Engrossed - 93 - LRB096 16173 ASK 31425 b Secretary that the licensee be allowed to resume his or her practice.

(d) In enforcing this Section, the Department upon a HB4935 - 92 - LRB096 16173 ASK 31425 b showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department.

If the Department finds an individual unable to practice because of the reasons set forth in this Section, the Department may require that individual to submit to care, counseling, or treatment by physicians approved or designated HB4935 Engrossed - 94 - LRB096 16173 ASK 31425 b by the Department, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice;

or, in lieu of care, counseling, or treatment, the Department may file HB4935 - 93 - LRB096 16173 ASK 31425 b a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual.

HB4935 Engrossed - 95 - LRB096 16173 ASK 31425 b (Source:

The Podiatric Medical Practice Act of 1987 is HB4935 - 94 - LRB096 16173 ASK 31425 b amended by changing Section 24 as follows:

(4) Making any misrepresentation for the purpose of HB4935 Engrossed - 96 - LRB096 16173 ASK 31425 b obtaining licenses, or violating any provision of this Act or the rules promulgated thereunder pertaining to advertising.

HB4935 - 95 - LRB096 16173 ASK 31425 b (5) Professional incompetence.

(12) Directly or indirectly giving to or receiving from any person, firm, corporation, partnershippartnership, , or association any fee, commission, rebate or other form of compensation for any professional services not actually or personally rendered.

This shall not be deemed to include rent or other remunerations paid to an individual, partnership, or HB4935 Engrossed - 97 - LRB096 16173 ASK 31425 b corporation, by a licensee, for the lease, rental or use of space, owned or controlled, by the individual, partnership or corporation.

Nothing in this paragraph (12) prohibitsaffects HB4935any -bona 96fide -independent LRB096contractor 16173 ASK 31425 b contractual or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to require an employment arrangement to receive professional fees for services rendered.

(17) Physical illness, mental illness, or other HB4935 Engrossed - 98 - LRB096 16173 ASK 31425 b impairment, including but not limited to, deterioration through the aging process, or loss of motor skill that results in the inability to practice the profession with reasonable judgment, skill or safety.

HB4935 - 97 - LRB096 16173 ASK 31425 b (18) Solicitation of professional services other than permitted advertising.

(22) Promotion of the sale of drugs, devices, appliances or goods provided for a patient in such manner HB4935 Engrossed - 99 - LRB096 16173 ASK 31425 b as to exploit the patient for financial gain of the podiatric physician.

(23) Gross, willful, and continued overcharging for professional services including filing false statements HB4935 - 98 - LRB096 16173 ASK 31425 b for collection of fees for those services, including, but not limited to, filing false statement 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 or other private or public third party payor.

(27) Immoral conduct in the commission of any act HB4935 Engrossed - 100 - LRB096 16173 ASK 31425 b including, sexual abuse, sexual misconduct, or sexual exploitation, related to the licensee's practice.

HB4935 - 99 - LRB096 16173 ASK 31425 b (29) Failure to report to the Department any adverse final action taken against him or her by another licensing jurisdiction (another state or a territory of the United States or a foreign state or country) by a peer review body, by any health care institution, by a professional society or association related to practice under this Act, by a governmental agency, by a law enforcement agency, or by a court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.

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 HB4935 Engrossed - 101 - LRB096 16173 ASK 31425 b public, the Secretary may 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 HB4935 - 100 - LRB096 16173 ASK 31425 b Board within 15 days after such suspension and completed without appreciable delay, such hearing held to determine whether to recommend to the Secretary that the person's license be revoked, suspended, placed on probationary status or reinstated, or such person be subject to other disciplinary action.

In the event of the settlement of any claim or cause of action in favor of the HB4935 Engrossed - 102 - LRB096 16173 ASK 31425 b 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 HB4935 - 101 - LRB096 16173 ASK 31425 b Department shall have an additional period of 2 years from the date of notification to the Department under Section 26 of this Act of such settlement or final judgment in which to investigate and commence formal disciplinary proceedings under Section 24 of this Act, except as otherwise provided by law.

The individual to be examined may have, at HB4935 Engrossed - 103 - LRB096 16173 ASK 31425 b his or her own expense, another physician of his or her choice present during all aspects of this examination.

Failure of an individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of his or her license HB4935 - 102 - LRB096 16173 ASK 31425 b until the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.

In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's HB4935 Engrossed - 104 - LRB096 16173 ASK 31425 b license must be convened by the Department within 30 days after the suspension and completed without appreciable delay.

The Department and Board shall have the authority to review the subject individual's record of treatment and counseling HB4935 - 103 - LRB096 16173 ASK 31425 b regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

HB4935 Engrossed - 105 - LRB096 16173 ASK 31425 b (1) Material misstatement in furnishing information to the Department or to any other State or federal agency.

(3) Conviction of any crime under the laws of the HB4935 - 104 - LRB096 16173 ASK 31425 b United States or any state or territory thereof that is a felony or a misdemeanor, an essential element of which is dishonesty, or of any crime that is directly related to the practice of the profession.

(12) Directly or indirectly giving to or receiving from HB4935 Engrossed - 106 - LRB096 16173 ASK 31425 b any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional services not actually rendered.

Nothing in this paragraph (12) prohibitsaffects contractualany orbona HB4935fide -independent 105contractor -or LRB096 16173 ASK 31425 b employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to require an employment arrangement to receive professional fees for services rendered.

HB4935 Engrossed - 107 - LRB096 16173 ASK 31425 b (18) Physical or mental disability including, but not limited to, deterioration through the aging process or loss of motor skills that results in the inability to practice the profession with reasonable judgment, skill, or safety.

HB4935 - 106 - LRB096 16173 ASK 31425 b (19) Solicitation of professional services by using false or misleading advertising.

HB4935 Engrossed - 108 - LRB096 16173 ASK 31425 b (24) Being named as a perpetrator in an indicated report by the Department on Aging under the Elder Abuse and Neglect Act, and upon proof by clear and convincing evidence that the licensee has caused an elderly person to HB4935 - 107 - LRB096 16173 ASK 31425 b be abused or neglected as defined in the Elder Abuse and Neglect Act.

(225 ILCS 107/80) HB4935 Engrossed - 109 - LRB096 16173 ASK 31425 b (Section scheduled to be repealed on January 1, 2013) Sec.

(a) The Department may refuse to issue, renew, or may revoke, suspend, place on probation, reprimand, or take other HB4935 - 108 - LRB096 16173 ASK 31425 b disciplinary action as the Department deems appropriate, including the issuance of fines not to exceed $1000 for each violation, with regard to any license for any one or more of the following:

HB4935 Engrossed - 110 - LRB096 16173 ASK 31425 b (8) Failing to provide information within 60 days in response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, HB4935 - 109 - LRB096 16173 ASK 31425 b defraud, or harm the public and violating the rules of professional conduct adopted by the Department.

Nothing in this paragraph (12) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

(13) A finding by the Board that the licensee, after HB4935 Engrossed - 110111 - LRB096 16173 ASK 31425 b havingNothing thein licensethis placedparagraph on(12) probationaryshall status,be hasconstrued violatedto therequire termsan ofemployment probation.arrangement to receive professional fees for services rendered.

(13) A finding by the Board that the licensee, after having the license placed on probationary status, has violated the terms of probation.

HB4935 Engrossed - 112 - LRB096 16173 ASK 31425 b (19) Solicitation of professional services by using false or misleading advertising.

(20) Failure to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any HB4935 - 111 - LRB096 16173 ASK 31425 b final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue or any successor agency or the Internal Revenue Service or any successor agency.

however, the Department may issue a license or renewal if the person in HB4935 Engrossed - 113 - LRB096 16173 ASK 31425 b default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission.

(c) The determination by a court that a licensee is subject to involuntary admission or judicial admission as provided in HB4935 - 112 - LRB096 16173 ASK 31425 b the Mental Health and Developmental Disabilities Code will result in an automatic suspension of his or her license.

An HB4935 Engrossed - 114 - LRB096 16173 ASK 31425 b individual to be examined may have, at his or her own expense, another physician or clinical psychologist of his or her choice present during all aspects of the examination.

Failure of an individual to submit to a mental or physical examination, when HB4935 - 113 - LRB096 16173 ASK 31425 b directed, is grounds for suspension of his or her license.

HB4935 Engrossed - 115 - LRB096 16173 ASK 31425 b (Source:

The Illinois Speech-Language Pathology and Audiology Practice Act is amended by changing Section 16 as HB4935 - 114 - LRB096 16173 ASK 31425 b follows:

Nothing in this paragraph (d) prohibitsaffects contractualany bona fide independent contractor or employment arrangementsHB4935 withEngrossed health- care116 professionals- orLRB096 providers,16173 suchASK as31425 physicians,b physicianarrangements practices,among hospitals,health long-term care professionals, health facilities, clinics,health care providers, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care HB4935 - 115 - LRB096 16173 ASK 31425 b professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (d) shall be construed to require an employment arrangement to receive professional fees for services rendered.

(g) Professional connection or association with, or lending his or her name to another for the illegal practice of speech-language pathology or audiology by another, or professional connection or association with any person, firm or corporation holding itself out in any manner HB4935 Engrossed - 117 - LRB096 16173 ASK 31425 b contrary to this Act.

(h) Obtaining or seeking to obtain checks, money, or any other things of value by false or fraudulent representations, including but not limited to, engaging in such fraudulent practice to defraud the medical assistance HB4935 - 116 - LRB096 16173 ASK 31425 b program of the Department of Healthcare and Family Services (formerly Department of Public Aid).

(n) Discipline by another state, the District of Columbia, territory, or foreign nation of a license to practice speech-language pathology or audiology or a license to practice as a speech-language pathology assistant in its jurisdiction if at least one of the HB4935 Engrossed - 118 - LRB096 16173 ASK 31425 b grounds for that discipline is the same as or the equivalent of one of the grounds for discipline set forth herein.

(o) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused HB4935 - 117 - LRB096 16173 ASK 31425 b and Neglected Child Reporting Act.

HB4935 Engrossed - 119 - LRB096 16173 ASK 31425 b or (iii) incorrectly reporting services rendered for the purpose of obtaining payment not earned.

(u) Violation of the Health Care Worker Self-Referral HB4935 - 118 - LRB096 16173 ASK 31425 b Act.

however, the Department may issue a license or HB4935 Engrossed - 120 - LRB096 16173 ASK 31425 b renewal if the aforementioned persons have established a satisfactory repayment record as determined by the Illinois State Scholarship Commission.

(3) The entry of an order by a circuit court establishing that any person holding a license under this Act is subject to HB4935 - 119 - LRB096 16173 ASK 31425 b involuntary admission or judicial admission as provided for in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension of that license.

(5) In enforcing this Section, the Board upon a showing of a possible violation may compel an individual licensed to HB4935 Engrossed - 121 - LRB096 16173 ASK 31425 b practice under this Act, or who has applied for licensure pursuant to this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department.

The HB4935 - 120 - LRB096 16173 ASK 31425 b individual to be examined may have, at his or her own expense, another physician or clinical psychologist of his or her choice present during all aspects of this examination.

Any individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the HB4935 Engrossed - 122 - LRB096 16173 ASK 31425 b Secretary for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Board.

In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's HB4935 - 121 - LRB096 16173 ASK 31425 b license must be convened by the Board within 15 days after the suspension and completed without appreciable delay.

(a) The Department may refuse to issue, renew, or restore a HB4935 Engrossed - 123 - LRB096 16173 ASK 31425 b license, or may revoke or suspend a license, or may place on probation, reprimand, or take other disciplinary or non-disciplinary action with regard to a person licensed under this Act, including but not limited to the imposition of fines not to exceed $10,000 for each violation, for one or any HB4935 - 122 - LRB096 16173 ASK 31425 b combination of the following causes:

HB4935 Engrossed - 124 - LRB096 16173 ASK 31425 b (8) Discipline by another state, the District of Columbia, or territory, or a foreign nation, if at least one of the grounds for discipline is the same or substantially equivalent to those set forth in this Section.

HB4935 - 123 - LRB096 16173 ASK 31425 b (9) Directly or indirectly giving to or receiving from a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered.

Nothing in this paragraph (9) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (9) shall be construed to require an employment arrangement to receive professional fees for services rendered.

(11) Wilfully making or filing false records or reports in his or her practice, including but not limited to false records or reports filed with State agencies or HB4935 Engrossed - 125 - LRB096 16173 ASK 31425 b departments.

(13) Wilfully failing to report an instance of suspected child abuse or neglect as required under the HB4935 - 124 - LRB096 16173 ASK 31425 b Abused and Neglected Child Reporting Act.

(18) Inability to practice the profession with reasonable judgment, skill or safety as a result of a physical illness, including but not limited to HB4935 Engrossed - 126 - LRB096 16173 ASK 31425 b deterioration through the aging process or loss of motor skill, or a mental illness or disability.

(19) Inability to practice the profession for which he or she is licensed with reasonable judgment, skill, or safety as a result of habitual or excessive use or HB4935 - 125 - LRB096 16173 ASK 31425 b addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug.

HB4935 Engrossed - 127 - LRB096 16173 ASK 31425 b (b) A licensee or applicant who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit HB4935 - 126 - LRB096 16173 ASK 31425 b to care, counseling or treatment by physicians approved or designated by the Department, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice.

(b-5) The Department may refuse to issue or may suspend, without a hearing as provided for in the Civil Administrative Code of Illinois, the license of a person who fails to file a return, 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 Department of Revenue, until such time as the requirements of the tax Act are satisfied in accordance with subsection (g) of HB4935 Engrossed - 128 - LRB096 16173 ASK 31425 b Section 15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).

(c) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as HB4935 - 127 - LRB096 16173 ASK 31425 b provided in the Mental Health and Developmental Disabilities Code, as amended, operates as an automatic suspension.

Failure of a HB4935 Engrossed - 129 - LRB096 16173 ASK 31425 b licensee or applicant to submit to any such examination when directed, without reasonable cause as defined by rule, shall be grounds for either the immediate suspension of his or her license or immediate denial of his or her application.

If the Secretary immediately suspends the license of a HB4935 - 128 - LRB096 16173 ASK 31425 b licensee for his or her failure to submit to a mental or physical examination when directed, a hearing must be convened by the Department within 15 days after the suspension and completed without appreciable delay.

The Registered Surgical Assistant and HB4935 Engrossed - 130 - LRB096 16173 ASK 31425 b Registered Surgical Technologist Title Protection Act is amended by changing Section 75 as follows:

(225 ILCS 130/75) (Section scheduled to be repealed on January 1, 2014) HB4935 - 129 - LRB096 16173 ASK 31425 b Sec.

(6) Failing to provide information within 60 days in HB4935 Engrossed - 131 - LRB096 16173 ASK 31425 b response to a written request made by the Department.

HB4935 - 130 - LRB096 16173 ASK 31425 b (8) Discipline by another United States jurisdiction or foreign nation, if at least one of the grounds for discipline is the same or substantially equivalent to those set forth in this Section.

Nothing in this paragraph (9) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

(10)Nothing Ain findingthis byparagraph the(9) Departmentshall thatbe theconstrued registrant,to afterrequire havingan hisemployment orarrangement herto registrationreceive placedprofessional onfees probationaryfor status,services hasrendered. violated the terms of probation.

(10) A finding by the Department that the registrant, after having his or her registration placed on probationary HB4935 Engrossed - 132 - LRB096 16173 ASK 31425 b status, has violated the terms of probation.

(12) Wilfully making or signing a false statement, HB4935 - 131 - LRB096 16173 ASK 31425 b certificate, or affidavit to induce payment.

HB4935 Engrossed - 133 - LRB096 16173 ASK 31425 b (18) Physical illness, including but not limited to deterioration through the aging process or loss of motor skills, which results in the inability to practice the profession for which he or she is registered with reasonable judgment, skill, or safety.

HB4935 - 132 - LRB096 16173 ASK 31425 b (19) Gross malpractice resulting in permanent injury or death of a patient.

The suspension will end only upon (1) a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, (2) issuance of an order so finding and discharging the HB4935 Engrossed - 134 - LRB096 16173 ASK 31425 b patient, and (3) the recommendation of the Department to the Director that the registrant be allowed to resume his or her practice.

7-1-04.) HB4935 - 133 - LRB096 16173 ASK 31425 b Section 110.

HB4935 Engrossed - 135 - LRB096 16173 ASK 31425 b (4) Making any misrepresentation for the purpose of obtaining a license, or violating any provision of this Act or its rules.

HB4935 - 134 - LRB096 16173 ASK 31425 b (6) Gross or repeated negligence.

(13) Discipline by another jurisdiction, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this HB4935 Engrossed - 136 - LRB096 16173 ASK 31425 b Section.

HB4935 - 135 - LRB096 16173 ASK 31425 b Nothing in this paragraph (14) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care professionalsprofessionals, orhealth providers,facilities, suchhealth as physicians, physician practices, hospitals, long-term care facilities,providers, clinics, or other entities, except as otherwise prohibited by law.

ContractualAny and employment arrangements with health care professionals or providers may include arrangementsprovisions for compensation, use of space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

Nothing in this paragraph (14) shall be construed to require an employment arrangement to receive professional fees for services rendered.

HB4935 Engrossed - 137 - LRB096 16173 ASK 31425 b (18) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.

(19) Being named as a perpetrator in an indicated report by the Department of Children and Family Services HB4935 - 136 - LRB096 16173 ASK 31425 b pursuant to the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.

(24) Practicing or attempting to practice under a name HB4935 Engrossed - 138 - LRB096 16173 ASK 31425 b other than the full name as shown on the license or any other legally authorized name.

HB4935 - 137 - LRB096 16173 ASK 31425 b (26) Providing genetic counseling services to individuals, couples, groups, or families without a referral from either a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make referrals to a genetic counselor, or a physician assistant who has been delegated authority to make referrals to genetic counselors.

The suspension will end upon a finding by a court that the licensee HB4935 Engrossed - 139 - LRB096 16173 ASK 31425 b is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the determination of the Director that the licensee be allowed to resume professional practice.

1-1-06.) HB4935 - 138 - LRB096 16173 ASK 31425 b Section 115.

HB4935 Engrossed - 140 - LRB096 16173 ASK 31425 b (4) Making any misrepresentation for the purpose of obtaining a license.

(6) Failing to provide information within 60 days in HB4935 - 139 - LRB096 16173 ASK 31425 b response to a written request made by the Department.

Nothing in this paragraph (10) prohibitsaffects contractualany bona fide independent contractor or employment arrangements withamong health care providers,professionals, suchhealth asfacilities, physicians,health physiciancare practices,providers, hospitals, or clinicsother andentities, except as permittedotherwise prohibited by law.

ContractualAny and employment arrangements with health HB4935 Engrossed - 141 - LRB096 16173 ASK 31425 b care providers may include compensation,provisions usefor ofcompensation, space, staff, equipment, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act.

(11)Nothing Ain findingthis byparagraph the(10) Departmentshall thatbe theconstrued licensee,to HB4935require -an 140employment -arrangement LRB096to 16173receive ASKprofessional 31425fees bfor afterservices havingrendered. his or her license placed on probationary status, has violated the terms of probation.

(11) A finding by the Department that the licensee, after having his or her license placed on probationary status, has violated the terms of probation.

HB4935 Engrossed - 142 - LRB096 16173 ASK 31425 b (18) Failure to comply with standards of sterilization and sanitation as defined in the rules of the Department.

HB4935 - 141 - LRB096 16173 ASK 31425 b (c) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension.

The Department may order the examining physician to present HB4935 Engrossed - 143 - LRB096 16173 ASK 31425 b testimony concerning this mental or physical examination of the licensee or applicant.

Failure of any person to submit to a mental or physical examination, when HB4935 - 142 - LRB096 16173 ASK 31425 b directed, shall be grounds for suspension of a license until the person submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.

Any person whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions or restrictions, and who fails to comply with such terms, conditions or restrictions, shall be referred to the Director for a determination as to whether the person shall HB4935 Engrossed - 144 - LRB096 16173 ASK 31425 b have his or her license suspended immediately, pending a hearing by the Department.

The Department shall have the authority to review the subject person's record of treatment and counseling regarding the HB4935 - 143 - LRB096 16173 ASK 31425 b impairment, to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

HB4935 Engrossed - 144145 - LRB096 16173 ASK 31425 b INDEX Statutes amended in order of appearance 225 ILCS 5/16 from Ch.