Illinois Regulation of Physicians


The Illinois regulation of physicians is found in 225 ILCS 60/1 through 225 ILCS 60/63.  Pursuant to the statutes, 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, existing license to do so, except 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[i].

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 $ 5,000 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.  The Department has the authority and power to investigate any and all unlicensed activity.  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[ii].

Pursuant to 225 ILCS 60/17, 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 furnish satisfactory proof 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 [225 ILCS 60/11] 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 or operative surgery with reasonable judgment, skill, and safety.  In determining physical, mental and professional capacity under this Section, the Medical Licensing Board may, upon a showing of a possible incapacity, compel an applicant to submit to a mental or physical examination, or both, and may condition or restrict any temporary license, subject to the same terms and conditions as are provided for the Medical Disciplinary Board under Section 22 of this Act [225 ILCS 60/22].  Any such condition on a 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 their program of residency training; they 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 by the Department upon proof that the holder thereof has engaged in the practice of medicine in this State outside of the program of their residency or specialty training, or if the holder shall fail to supply the Department, within 10 days of its request, with information as to their current status and activities in their specialty training program.

The Department may, in its discretion, issue a license without examination to any person who is currently licensed to practice medicine in all of its branches, or to practice the treatment of human ailments without the use of drugs or operative surgery, in any other state, territory, country or province, upon the following conditions:

  • 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;
  • 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 Licensing Board may, upon a showing of a possible incapacity, compel an applicant to submit to a mental or physical examination, or both, and may condition or restrict any license, subject to the same terms and conditions as are provided for the Medical Disciplinary Board under Section 22 of this Act [225 ILCS 60/22].  The Medical Licensing Board or the Department may order the examining physician to present testimony concerning this mental or physical examination of the applicant.  No information shall be excluded by reason of any common law or statutory privilege relating to communications between the applicant and the examining physician. Any condition of 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.
  • 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 [225 ILCS 60/11]; 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 [225 ILCS 60/11]; 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;

  • 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;

  • That the Department may, in its discretion, issue a license, without examination, 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;
  • That applications for licenses without examination 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;
  • That the applicant undergo the criminal background check established under Section 9.7 of this Act [225 ILCS 60/9.7].

225 ILCS 60/21 provides that 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 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 determining moral character, 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, 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[iii].

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 mail to each licensee under this Act, at his or her last known address, at least 60 days in advance of the expiration date of his or her license, a notice of that fact and an application for renewal form.  No such license shall be deemed to have lapsed until 90 days after the expiration date and after such notice and application have been mailed by the Department as herein provided.  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 restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have the license restored, 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 restoration fee.  If the licensee has not maintained an active practice in another jurisdiction satisfactory to the Department, the Licensing 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 the practical examination.

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 or restored 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.  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 restoration 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 restore 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.

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 Disciplinary 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 Disciplinary 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 of Professional Regulation.  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 (20 ILCS 2105/2105-300).  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.

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) The fee for a license under Section 9 of this Act [225 ILCS 60/9] is $ 300.

(3) The fee for a license under Section 19 of this Act [225 ILCS 60/19] is $ 300.

(4) The fee for the renewal of a license for a resident of Illinois shall be calculated at the rate of $ 100 per year, except for licensees who were issued a license within 12 months of the expiration date of the license, the fee for the renewal shall be $ 100.  The fee for the renewal of a license for a nonresident shall be calculated at the rate of $ 200 per year, except for licensees who were issued a license within 12 months of the expiration date of the license, the fee for the renewal shall be $ 200.

(5) The fee for the restoration of a license other than from inactive status, is $ 100. In addition, payment of all lapsed renewal fees not to exceed $ 600 is required.

(6) The fee for a 3-year temporary license under Section 17 [225 ILCS 60/17] is $ 100.

(7) The fee for the issuance of a duplicate license, for the issuance of a replacement license for a license which has been lost or destroyed, or 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 duplicate 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.

(10) The fee to be paid by a licensee for a wall certificate showing his or her license shall be the actual cost of producing the certificate.

(11) The fee for a roster of persons licensed as physicians in this State shall be the actual cost of producing such a roster.

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

The Department may revoke, suspend, place on probationary status, refuse to renew, or take any other disciplinary action as the Department may deem proper with regard to the license or visiting professor permit of any person issued under this Act to practice medicine, or to treat human ailments without the use of drugs and without operative surgery upon any of the following grounds:

(1) Performance of an elective abortion in any place, locale, facility, or institution other than:

(a) a facility licensed pursuant to the Ambulatory Surgical Treatment Center Act [210 ILCS 5/1 et seq.];

(b) an institution licensed under the Hospital Licensing Act [210 ILCS 85/1 et seq.]; or

(c) an ambulatory surgical treatment center or hospitalization or care facility maintained by the State or any agency thereof, where such department or agency has authority under law to establish and enforce standards for the ambulatory surgical treatment centers, hospitalization, or care facilities under its management and control; or

(d) ambulatory surgical treatment centers, hospitalization or care facilities maintained by the Federal Government; or

(e) ambulatory surgical treatment centers, hospitalization or care facilities maintained by any university or college established under the laws of this State and supported principally by public funds raised by taxation.

(2) Performance of an abortion procedure in a wilful and wanton manner on a woman who was not pregnant at the time the abortion procedure was performed.

(3) The conviction of a felony in this or any other jurisdiction, except as otherwise provided in subsection B of this Section, whether or not related to practice under this Act, or the entry of a guilty or nolo contendere plea to a felony charge.

(4) Gross negligence in practice under this Act.

(5) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public.

(6) Obtaining any fee by fraud, deceit, or misrepresentation.

(7) Habitual or excessive use or abuse of drugs defined in law as controlled substances, of alcohol, or of any other substances which results in the inability to practice with reasonable judgment, skill or safety.

(8) Practicing under a false or, except as provided by law, an assumed name.

(9) Fraud or misrepresentation in applying for, or procuring, a license under this Act or in connection with applying for renewal of a license under this Act.

(10) Making a false or misleading statement regarding their skill or the efficacy or value of the medicine, treatment, or remedy prescribed by them at their direction in the treatment of any disease or other condition of the body or mind.

(11) Allowing another person or organization to use their license, procured under this Act, to practice.

(12) Disciplinary action of another state or jurisdiction against a license or other authorization to practice as a medical doctor, doctor of osteopathy, doctor of osteopathic medicine or doctor of chiropractic, a certified copy of the record of the action taken by the other state or jurisdiction being prima facie evidence thereof.

(13) Violation of any provision of this Act or of the Medical Practice Act [225 ILCS 60/1 et seq.] 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 Disciplinary Board.

(14) Violation of the prohibition against fee splitting in Section 22.2 of this Act [225 ILCS 60/22.2].

(15) A finding by the Medical Disciplinary Board that the registrant after having his or her license placed on probationary status or subjected to conditions or restrictions violated the terms of the probation or failed to comply with such terms or conditions.

(16) Abandonment of a patient.

(17) Prescribing, selling, administering, distributing, giving or self-administering any drug classified as a controlled substance (designated product) or narcotic for other than medically accepted therapeutic purposes.

(18) Promotion of the sale of drugs, devices, appliances or goods provided for a patient in such manner as to exploit the patient for financial gain of the physician.

(19) Offering, undertaking or agreeing to cure or treat disease by a secret method, procedure, treatment or medicine, or the treating, operating or prescribing for any human condition by a method, means or procedure which the licensee refuses to divulge upon demand of the Department.

(20) Immoral conduct in the commission of any act including, but not limited to, commission of an act of sexual misconduct related to the licensee’s practice.

(21) Wilfully making or filing false records or reports in his or her practice as a physician, including, but not limited to, false records to support claims against the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code [305 ILCS 5/1-1 et seq.].

(22) Wilful omission to file or record, or wilfully impeding the filing or recording, or inducing another person to omit to file or record, medical reports as required by law, or wilfully failing to report an instance of suspected abuse or neglect as required by law.

(23) Being named as a perpetrator in an indicated report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act [325 ILCS 5/1 et seq.], 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 [325 ILCS 5/1 et seq.].

(24) Solicitation of professional patronage by any corporation, agents or persons, or profiting from those representing themselves to be agents of the licensee.

(25) Gross and wilful and continued overcharging for professional services, including filing false statements for collection of fees for which services are not rendered, including, but not limited to, filing such false statements for collection of monies for services not rendered from the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code [305 ILCS 5/1-1 et seq.].

(26) A pattern of practice or other behavior which demonstrates incapacity or incompetence to practice under this Act.

(27) Mental illness or disability which results in the inability to practice under this Act with reasonable judgment, skill or safety.

(28) Physical illness, including, but not limited to, deterioration through the aging process, or loss of motor skill which results in a physician’s inability to practice under this Act with reasonable judgment, skill or safety.

(29) Cheating on or attempt to subvert the licensing examinations administered under this Act.

(30) Wilfully or negligently violating the confidentiality between physician and patient except as required by law.

(31) The use of any false, fraudulent, or deceptive statement in any document connected with practice under this Act.

(32) Aiding and abetting an individual not licensed under this Act in the practice of a profession licensed under this Act.

(33) Violating state or federal laws or regulations relating to controlled substances, legend drugs, or ephedra, as defined in the Ephedra Prohibition Act [720 ILCS 602/1 et seq.].

(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 [225 ILCS 47/1 et seq.].

(40) Willful failure to provide notice when notice is required under the Parental Notice of Abortion Act of 1995 [750 ILCS 70/1 et seq.].

(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 nurses resulting in an inability to adequately collaborate.

(43) Repeated failure to adequately collaborate with a licensed advanced practice nurse.

Except for actions involving the ground numbered (26), all proceedings to suspend, revoke, place on probationary status, or take any other disciplinary action as the Department may deem proper, with regard to a license on any of the foregoing grounds, must be commenced within 5 years next after receipt by the Department of a complaint alleging the commission of or notice of the conviction order for any of the acts described herein.  Except for the grounds numbered (8), (9), (26), and (29), no action shall be commenced more than 10 years after the date of the incident or act alleged to have violated this Section.  For actions involving the ground numbered (26), a pattern of practice or other behavior includes all incidents alleged to be part of the pattern of practice or other behavior that occurred or a report pursuant to Section 23 of this Act [225 ILCS 60/23] 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 [225 ILCS 60/23] of such settlement or final judgment in which to investigate and commence formal disciplinary proceedings under Section 36 of this Act [225 ILCS 60/36], except as otherwise provided by law.  The time during which the holder of the license was outside the State of Illinois shall not be included within any period of time limiting the commencement of disciplinary action by the Department.

The entry of an order or judgment by any circuit court establishing that any person holding a license under this Act is a person in need of mental treatment operates as a suspension of that license.  That person may resume their practice only upon the entry of a Departmental order based upon a finding by the Medical Disciplinary Board that they have been determined to be recovered from mental illness by the court and upon the Disciplinary Board’s recommendation that they be permitted to resume their practice.  The Department may refuse to issue or take disciplinary action concerning the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied as determined by the Illinois Department of Revenue.

The Department, upon the recommendation of the Disciplinary Board, shall adopt rules which set forth standards to be used in determining:

(a) when a person will be deemed sufficiently rehabilitated to warrant the public trust;

(b) what constitutes dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud, or harm the public;

(c) what constitutes immoral conduct in the commission of any act, including, but not limited to, commission of an act of sexual misconduct related to the licensee’s practice; and

(d) what constitutes gross negligence in the practice of medicine.

However, no such rule shall be admissible into evidence in any civil action except for review of a licensing or other disciplinary action under this Act.  In enforcing this Section, the Medical Disciplinary Board, upon a showing of a possible violation, may compel any individual licensed to practice under this Act, or who has applied for licensure or a permit pursuant to this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department.  The examining physician or physicians shall be those specifically designated by the Disciplinary Board.  The Medical Disciplinary Board or the Department may order the examining physician to present testimony concerning this mental or physical examination of the licensee or applicant.  No information shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician.  The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination.  Failure of any individual to submit to mental or physical examination, when directed, shall be grounds for suspension of his or her license until such time as the individual submits to the examination if the Disciplinary Board finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.  If the Disciplinary Board finds a physician unable to practice because of the reasons set forth in this Section, the Disciplinary Board shall require such physician to submit to care, counseling, or treatment by physicians approved or designated by the Disciplinary Board, as a condition for continued, reinstated, or renewed licensure to practice. Any physician, whose license was granted pursuant to Sections 9, 17, or 19 of this Act [225 ILCS 60/9, 225 ILCS 60/17, or 225 ILCS 60/19], 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 their license suspended immediately, pending a hearing by the Disciplinary Board.  In instances in which the Secretary immediately suspends a license under this Section, a hearing upon such person’s license must be convened by the Disciplinary Board within 15 days after such suspension and completed without appreciable delay.  The Disciplinary Board shall have the authority to review the subject physician’s record of treatment and counseling regarding the impairment, to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

An individual licensed under this Act, affected under this Section, shall be afforded an opportunity to demonstrate to the Disciplinary Board that they can resume practice in compliance with acceptable and prevailing standards under the provisions of their license.  The Department may promulgate rules for the imposition of fines in disciplinary cases, not to exceed $ 10,000 for each violation of this Act.  Fines may be imposed in conjunction with other forms of disciplinary action, but shall not be the exclusive disposition of any disciplinary action arising out of conduct resulting in death or injury to a patient.  Any funds collected from such fines shall be deposited in the Medical Disciplinary Fund.  The Department shall revoke the license or visiting permit of any person issued under this Act to practice medicine or to treat human ailments without the use of drugs and without operative surgery, who has been convicted a second time of committing any felony under the Illinois Controlled Substances Act [720 ILCS 570/100 et seq.] or the Methamphetamine Control and Community Protection Act [720 ILCS 646/1 et seq.], 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 [305 ILCS 5/8A-3 and 305 ILCS 5/8A-6].  A person whose license or visiting permit is revoked under this subsection B of Section 22 of this Act [225 ILCS 60/22] shall be prohibited from practicing medicine or treating human ailments without the use of drugs and without operative surgery.

The Medical Disciplinary Board shall recommend to the Department civil penalties and any other appropriate discipline in disciplinary cases when the Board finds that a physician willfully performed an abortion with actual knowledge that the person upon whom the abortion has been performed is a minor or an incompetent person without notice as required under the Parental Notice of Abortion Act of 1995 [750 ILCS 70/1 et seq.].  Upon the Board’s recommendation, the Department shall impose, for the first violation, a civil penalty of $ 1,000 and for a second or subsequent violation, a civil penalty of $ 5,000[iv].

This Act does not prohibit the practice of medicine by a person who is licensed to practice medicine in all of its branches in any other state of the United States or the District of Columbia who has applied in writing to the Department, in form and substance satisfactory to the Department, for a license to practice medicine in all of its branches and has complied with all of the provisions of Section 19 [225 ILCS 60/19] except the passing of an examination which may be given under Section 19 [225 ILCS 60/19], until:

(a) the expiration of 9 months after the filing of such written application, or

(b) the decision of the Department that the applicant has failed to pass an examination within 9 months or failed without an approved excuse to take an examination conducted within 9 months by the Department, or

(c) the withdrawal of the application[v].

Pursuant to 225 ILCS 60/49, 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 [225 ILCS 60/59]:

  • 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;
  • 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;
  • 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;
  • maintains an office for examination or treatment of persons afflicted, or alleged or supposed to be afflicted, by any ailment or condition;
  • manipulates or adjusts osseous or articular structures; or
  • 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.

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 [225 ILCS 60/59].  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 [225 ILCS 60/59][vi].  Any person who violates for the first time Section 49, 50, 51, 52, 53, 54, 55, or 56 of this Act [225 ILCS 60/49, 225 ILCS 60/50, 225 ILCS 60/51, 225 ILCS 60/52, 225 ILCS 60/53, 225 ILCS 60/54, 225 ILCS 60/55, or 225 ILCS 60/56] is guilty of a Class 4 felony.  Any person who violates for the first time Section 27 of this Act [225 ILCS 60/27] is guilty of a Class A misdemeanor.

Furthermore, any person who has been previously convicted under Section 49, 50, 51, 52, 53, 54, 55, or 56 of this Act [225 ILCS 60/49, 225 ILCS 60/50, 225 ILCS 60/51, 225 ILCS 60/52, 225 ILCS 60/53, 225 ILCS 60/54, 225 ILCS 60/55, or 225 ILCS 60/56] 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 [225 ILCS 60/27] and who subsequently violates Section 27 [225 ILCS 60/27] is guilty of a Class 4 felony.  In addition, whenever any person is punished as a repeat offender under this Section, the Director of the Department shall proceed to obtain a permanent injunction against such person under Section 61 of this Act [225 ILCS 60/61][vii].

[i] 225 ILCS 60/3.

[ii] 225 ILCS 60/3.5.

[iii] 225 ILCS 60/19.

[iv] 225 ILCS 60/22.

[v] 225 ILCS 60/32.

[vi] 225 ILCS 60/56.

[vii] 225 ILCS 60/59.