Bill Text: IL HB5649 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a licensed mental health professional to provide mental health services to a patient through the use of artificial intelligence without first obtaining informed consent from the patient for the use of artificial intelligence tools and disclosing the use of artificial intelligence tools to the patient before providing services through the use of artificial intelligence. Amends the Clinical Social Work and Social Work Practice Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Occupational Therapy Practice Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Makes corresponding changes in grounds for discipline. Provides that the Department of Financial and Professional Regulation may adopt rules to regulate the use of artificial intelligence tools to provide mental health services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5649 Detail]

Download: Illinois-2023-HB5649-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5649 Introduced 2/9/2024, by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
225 ILCS 20/19 from Ch. 111, par. 6369
225 ILCS 20/36.5 new
225 ILCS 60/60.5 new
225 ILCS 65/70-5 was 225 ILCS 65/10-45
225 ILCS 65/70-175 new
225 ILCS 75/19 from Ch. 111, par. 3719
225 ILCS 75/20.5 new
225 ILCS 107/80
225 ILCS 107/175 new
815 ILCS 505/2EEEE new
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a licensed mental health professional to provide mental health services to a patient through the use of artificial intelligence without first obtaining informed consent from the patient for the use of artificial intelligence tools and disclosing the use of artificial intelligence tools to the patient before providing services through the use of artificial intelligence. Amends the Clinical Social Work and Social Work Practice Act, the Medical Practice Act of 1987, the Nurse Practice Act, the Illinois Occupational Therapy Practice Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Makes corresponding changes in grounds for discipline. Provides that the Department of Financial and Professional Regulation may adopt rules to regulate the use of artificial intelligence tools to provide mental health services.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 19 and by adding
Section 36.5 as follows:
(225 ILCS 20/19) (from Ch. 111, par. 6369)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19. Grounds for disciplinary action.
(1) The Department may refuse to issue or renew a license,
or may suspend, revoke, place on probation, reprimand, or take
any other disciplinary or non-disciplinary action deemed
appropriate by the Department, including the imposition of
fines not to exceed $10,000 for each violation, with regard to
any license issued under the provisions of this Act for any one
or a combination of the following grounds:
(a) material misstatements in furnishing information
to the Department or to any other State agency or in
furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(b) violations or negligent or intentional disregard
of this Act, or any of the rules promulgated hereunder;
(c) conviction of or entry of a plea of guilty or nolo

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contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the clinical social work or social work
professions;
(d) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act;
(e) professional incompetence;
(f) gross negligence in practice under this Act;
(g) aiding or assisting another person in violating
any provision of this Act or its rules;
(h) failing to provide information within 60 days in
response to a written request made by the Department;
(i) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department;
(j) habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of

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any other substances that results in the inability to
practice with reasonable judgment, skill, or safety;
(k) adverse action taken by another state or
jurisdiction, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(l) directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional service not actually rendered.
Nothing in this paragraph (l) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, 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 (l) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(m) a finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation or failed to comply
with such terms;
(n) abandonment, without cause, of a client;

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(o) willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with Federal or State
agencies or departments;
(p) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(q) being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(r) physical illness, mental illness, or any other
impairment or 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;
(s) solicitation of professional services by using
false or misleading advertising;
(t) violation of the Health Care Worker Self-Referral
Act;
(u) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and

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required by the Adult Protective Services Act; or
(v) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(w) Violating Section 2EEEE of the Consumer Fraud and
Deceptive Business Practices Act.
(2) (Blank).
(3) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, will result in an automatic suspension of his license.
Such suspension will end upon a finding by a court that the
licensee is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient, and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
professional practice.
(4) The Department shall refuse to issue or renew or may
suspend the license of a person who (i) 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 Department of
Revenue, until the requirements of the tax Act are satisfied

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or (ii) has failed to pay any court-ordered child support as
determined by a court order or by referral from the Department
of Healthcare and Family Services.
(4.5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a license or permit issued under this Act based
solely upon the licensed clinical social worker authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(4.10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed clinical social worker based upon the
licensed clinical social worker's license being revoked or
suspended, or the licensed clinical social worker being
otherwise disciplined by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the licensed clinical social worker violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care

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service as provided would not have been unlawful under the
laws of this State and is consistent with the standards of
conduct for a licensed clinical social worker practicing in
Illinois.
(4.15) The conduct specified in subsections (4.5) and
(4.10) shall not constitute grounds for suspension under
Section 32.
(4.20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(5)(a) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may compel a person
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense

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of the Department.
(b) The Department shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination or
both. The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
(c) The Board or the Department may order the examining
physician or any member of the multidisciplinary team to
present testimony concerning this mental or physical
examination of the licensee or applicant. No information,
report, record, or other documents in any way related to the
examination shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician or any

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member of the multidisciplinary team. No authorization is
necessary from the licensee or applicant ordered to undergo an
examination for the examining physician or any member of the
multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation.
(d) The person 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. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
(e) Failure of any person to submit to a mental or physical
examination without reasonable cause, when ordered, shall
result in an automatic suspension of his or her license until
the person submits to the examination.
(f) If the Department or Board finds a person unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department or Board, 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, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,

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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
Secretary for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Department.
(g) All fines imposed shall be paid within 60 days after
the effective date of the order imposing the fine or in
accordance with the terms set forth in the order imposing the
fine.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's 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 person'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.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(h) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General

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Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
(225 ILCS 20/36.5 new)
Sec. 36.5. Use of artificial intelligence. The Department
may adopt rules to regulate the use of artificial intelligence
tools to provide mental health services by persons licensed
under this Act.
Section 10. The Medical Practice Act of 1987 is amended by
adding Section 60.5 as follows:
(225 ILCS 60/60.5 new)
Sec. 60.5. Use of artificial intelligence.
(a) A violation of Section 2EEEE of the Consumer Fraud and
Deceptive Business Practices Act shall be grounds for
discipline under this Act.
(b) The Department may adopt rules to regulate the use of
artificial intelligence tools to provide mental health
services by persons licensed under this Act.
Section 15. The Nurse Practice Act is amended by changing
Section 70-5 and by adding Section 70-175 as follows:
(225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
(Section scheduled to be repealed on January 1, 2028)

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Sec. 70-5. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including fines not to exceed $10,000 per
violation, with regard to a license for any one or combination
of the causes set forth in subsection (b) below. All fines
collected under this Section shall be deposited in the Nursing
Dedicated and Professional Fund.
(b) Grounds for disciplinary action include the following:
(1) Material deception in furnishing information to
the Department.
(2) Material violations of any provision of this Act
or violation of the rules of or final administrative
action of the Secretary, after consideration of the
recommendation of the Board.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession.
(4) A pattern of practice or other behavior which

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demonstrates incapacity or incompetency to practice under
this Act.
(5) Knowingly aiding or assisting another person in
violating any provision of this Act or rules.
(6) Failing, within 90 days, to provide a response to
a request for information in response to a written request
made by the Department by certified or registered mail or
by email to the email address of record.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule.
(8) Unlawful taking, theft, selling, distributing, or
manufacturing of any drug, narcotic, or prescription
device.
(9) Habitual or excessive use or addiction to alcohol,
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.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section.
(11) A finding that the licensee, after having her or
his license placed on probationary status or subject to
conditions or restrictions, has violated the terms of
probation or failed to comply with such terms or

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conditions.
(12) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
and under the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(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.
(13.5) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(14) Gross negligence in the practice of practical,
professional, or advanced practice registered nursing.
(15) Holding oneself out to be practicing nursing
under any name other than one's own.
(16) Failure of a licensee to report to the Department
any adverse final action taken against him or her by
another licensing jurisdiction of the United States or any
foreign state or country, any peer review body, any health
care institution, any professional or nursing society or
association, any governmental agency, any law enforcement
agency, or any court or a nursing liability claim related

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to acts or conduct similar to acts or conduct that would
constitute grounds for action as defined in this Section.
(17) Failure of a licensee to report to the Department
surrender by the licensee of a license or authorization to
practice nursing or advanced practice registered nursing
in another state or jurisdiction or current surrender by
the licensee of membership on any nursing staff or in any
nursing or advanced practice registered nursing 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 that
would constitute grounds for action as defined by this
Section.
(18) Failing, within 60 days, to provide information
in response to a written request made by the Department.
(19) Failure to establish and maintain records of
patient care and treatment as required by law.
(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.
(21) Allowing another person or organization to use
the licensee's license to deceive the public.
(22) Willfully making or filing false records or
reports in the licensee's practice, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare

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and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(23) Attempting to subvert or cheat on a licensing
examination administered under this Act.
(24) Immoral conduct in the commission of an act,
including, but not limited to, sexual abuse, sexual
misconduct, or sexual exploitation, related to the
licensee's practice.
(25) Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.
(26) Practicing under a false or assumed name, except
as provided by law.
(27) The use of any false, fraudulent, or deceptive
statement in any document connected with the licensee's
practice.
(28) 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 (28)
affects any bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,

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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.
(29) A violation of the Health Care Worker
Self-Referral Act.
(30) Physical illness, mental illness, or disability
that results in the inability to practice the profession
with reasonable judgment, skill, or safety.
(31) Exceeding the terms of a collaborative agreement
or the prescriptive authority delegated to a licensee by
his or her collaborating physician or podiatric physician
in guidelines established under a written collaborative
agreement.
(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.
(33) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(34) Promotion of the sale of drugs, devices,

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appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(35) Violating State or federal laws, rules, or
regulations relating to controlled substances.
(36) Willfully or negligently violating the
confidentiality between an advanced practice registered
nurse, collaborating physician, dentist, or podiatric
physician and a patient, except as required by law.
(37) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(38) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(39) A violation of any provision of this Act or any
rules adopted under this Act.
(40) Violating the Compassionate Use of Medical
Cannabis Program Act.
(41) Violating Section 2EEEE of the Consumer Fraud and
Deceptive Business Practices Act.
(b-5) The Department shall not revoke, suspend, summarily
suspend, place on probation, reprimand, refuse to issue or

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renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a registered nurse or an advanced practice
registered nurse based solely upon the registered nurse or
advanced practice registered nurse providing, authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a registered nurse or an advanced practice
registered nurse based upon the registered nurse's or advanced
practice registered nurse's license being revoked or
suspended, or the registered nurse or advanced practice
registered nurse being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the registered nurse or
advanced practice registered nurse violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the

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laws of this State and is consistent with the standards of
conduct for the registered nurse or advanced practice
registered nurse practicing in Illinois.
(b-15) The conduct specified in subsections (b-5) and
(b-10) shall not trigger reporting requirements under Section
65-65 or constitute grounds for suspension under Section
70-60.
(b-20) An applicant seeking licensure, certification, or
authorization under this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such
action would have constituted professional misconduct in this
State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(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, as amended, operates as an automatic suspension. The
suspension will end only upon a finding by a court that the

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patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(d) The Department may refuse to issue or may suspend or
otherwise discipline the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(e) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. 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

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this examination. Failure of an individual to submit to a
mental or physical examination, when directed, shall result in
an automatic suspension without hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension, as defined by rule.
If the Department finds an individual unable to practice
or unfit for duty because of the reasons set forth in this
subsection (e), the Department may require that individual to
submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the 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. An individual whose license was
granted, continued, restored, 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 Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the

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Department.
In instances in which the Secretary immediately suspends a
person's license under this subsection (e), a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this subsection (e) shall be afforded an opportunity to
demonstrate to the Department that he or she can resume
practice in compliance with nursing standards under the
provisions of his or her license.
(f) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
102-1117, eff. 1-13-23.)
(225 ILCS 65/70-175 new)
Sec. 70-175. Use of artificial intelligence.The Department
may adopt rules to regulate the use of artificial intelligence
tools to provide mental health services by persons licensed
under this Act.

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Section 20. The Illinois Occupational Therapy Practice Act
is amended by changing Section 19 and by adding Section 20.5 as
follows:
(225 ILCS 75/19) (from Ch. 111, par. 3719)
(Section scheduled to be repealed on January 1, 2029)
Sec. 19. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including imposing fines not to exceed $10,000
for each violation and the assessment of costs as provided
under Section 19.3 of this Act, with regard to any license for
any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act, or of the rules
promulgated thereunder;
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element

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of which is dishonesty, or that is directly related to the
practice of the profession;
(4) Fraud, misrepresentation, or concealment in
applying for or procuring a license under this Act, or in
connection with applying for renewal of a license under
this Act;
(5) Professional incompetence;
(6) Aiding or assisting another person, firm,
partnership or corporation in violating any provision of
this Act or rules;
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory,
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth herein;
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or

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association any fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered. Nothing in this paragraph (11)
affects any bona fide independent contractor or employment
arrangements among health care professionals, health
facilities, health care providers, or other entities,
except as otherwise prohibited by law. Any employment
arrangements may include provisions for compensation,
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 (11) shall be construed to require an employment
arrangement to receive professional fees for services
rendered;
(12) A finding by the Department that the license
holder, after having the license disciplined, has violated
the terms of the discipline;
(13) Willfully 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;
(14) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill which results in the inability to practice under
this Act with reasonable judgment, skill, or safety;
(15) Solicitation of professional services other than

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by permitted advertising;
(16) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act;
(17) Practicing under a false or, except as provided
by law, assumed name;
(18) Professional incompetence or gross negligence;
(19) Malpractice;
(20) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner
to exploit the client for financial gain of the licensee;
(21) Gross, willful, or continued overcharging for
professional services;
(22) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety;
(23) Violating the Health Care Worker Self-Referral
Act;
(24) Failing to refer a patient or individual whose
medical condition should, at the time of evaluation or
treatment, be determined to be beyond the scope of
practice of the occupational therapist to an appropriate
health care professional;
(25) Cheating on or attempting to subvert the
licensing examination administered under this Act;
(26) Charging for professional services not rendered,
including filing false statements for the collection of

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fees for which services are not rendered;
(27) Practicing beyond the scope of the practice of
occupational therapy;
(28) Providing substandard care as an occupational
therapist due to a deliberate or negligent act, negligent
supervision of an occupational therapy assistant, or
failure to act regardless of whether actual injury to the
recipient is established;
(29) Providing substandard care as an occupational
therapy assistant, including exceeding the authority to
perform components of intervention selected and delegated
by the supervising occupational therapist regardless of
whether actual injury to the recipient is established;
(30) Knowingly delegating responsibilities to an
individual who does not have the knowledge, skills, or
abilities to perform those responsibilities; and
(31) Engaging in sexual misconduct. For the purposes
of this paragraph, sexual misconduct includes:
(A) engaging in or soliciting a sexual
relationship, whether consensual or non-consensual,
while an occupational therapist or occupational
therapy assistant with the recipient of occupational
therapy services; and
(B) making sexual advances, requesting sexual
favors, or engaging in physical contact of a sexual
nature with the recipient of occupational therapy

HB5649 - 29 - LRB103 39383 RTM 69556 b
services.
(32) Violating Section 2EEEE of the Consumer Fraud and
Deceptive Business Practices Act.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(b) The 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
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 and an order by
the court so finding and discharging the patient. In any case
where a license is suspended under this provision, the
licensee shall file a petition for restoration and shall
include evidence acceptable to the Department that the
licensee can resume practice in compliance with acceptable and
prevailing standards of their profession.
(c) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any 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

HB5649 - 30 - LRB103 39383 RTM 69556 b
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied
for licensure to submit to a mental or physical examination or
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing

HB5649 - 31 - LRB103 39383 RTM 69556 b
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to undergo
an evaluation and examination for the examining physician or
any member of the multidisciplinary team to provide
information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation. The individual to be examined may have, at his or
her own expense, another physician of his or her choice

HB5649 - 32 - LRB103 39383 RTM 69556 b
present during all aspects of the examination.
Failure of any individual to submit to mental or physical
examination or evaluation, or both, when directed, shall
result in an automatic suspension without hearing, until such
time as the individual submits to the examination. If the
Department finds a licensee unable to practice because of the
reasons set forth in this Section, the Department shall
require the licensee to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed licensure.
When the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee'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.
Individuals licensed under this Act that are affected
under this Section, shall be afforded an opportunity to
demonstrate to the Department that they can resume practice in
compliance with acceptable and prevailing standards under the
provisions of their license.
(e) (Blank).

HB5649 - 33 - LRB103 39383 RTM 69556 b
(f) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has 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 paragraph
(5) of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(Source: P.A. 103-251, eff. 1-1-24.)
(225 ILCS 75/20.5 new)
Sec. 20.5. Use of artificial intelligence. The Department
may adopt rules to regulate the use of artificial intelligence
tools to provide mental health services by persons licensed
under this Act.
Section 25. The Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act is amended
by changing Section 80 and by adding Section 175 as follows:
(225 ILCS 107/80)
(Section scheduled to be repealed on January 1, 2028)

HB5649 - 34 - LRB103 39383 RTM 69556 b
Sec. 80. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act or rules adopted under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(5) Professional incompetence or gross negligence in
the rendering of professional counseling or clinical
professional counseling services.

HB5649 - 35 - LRB103 39383 RTM 69556 b
(6) Malpractice.
(7) Aiding or assisting another person in violating
any provision of this Act or any rules.
(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,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Habitual or excessive use or abuse of drugs as
defined in law as controlled substances, alcohol, or any
other substance which results in inability to practice
with reasonable skill, judgment, or safety.
(11) Discipline by another jurisdiction, the District
of Columbia, territory, county, or governmental agency, if
at least one of the grounds for the discipline is the same
or substantially equivalent to those set forth in this
Section.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate or other form of
compensation for any professional service not actually
rendered. Nothing in this paragraph (12) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise

HB5649 - 36 - LRB103 39383 RTM 69556 b
prohibited by law. Any employment arrangements may include
provisions for compensation, 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.
(13) A finding by the Board that the licensee, after
having the license placed on probationary status, has
violated the terms of probation.
(14) Abandonment of a client.
(15) Willfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with federal or State agencies or
departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act and in matters
pertaining to suspected abuse, neglect, financial
exploitation, or self-neglect of adults with disabilities
and older adults as set forth in the Adult Protective
Services Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the

HB5649 - 37 - LRB103 39383 RTM 69556 b
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical or mental illness or disability,
including, but not limited to, deterioration through the
aging process or loss of abilities and skills which
results in the inability to practice the profession with
reasonable judgment, skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(21) A finding that licensure has been applied for or
obtained by fraudulent means.
(22) Practicing under a false or, except as provided
by law, an assumed name.
(23) Gross and willful overcharging for professional
services including filing statements for collection of
fees or monies for which services are not rendered.
(24) Rendering professional counseling or clinical
professional counseling services without a license or
practicing outside the scope of a license.
(25) Clinical supervisors failing to adequately and
responsibly monitor supervisees.
(26) Violating Section 2EEEE of the Consumer Fraud and
Deceptive Business Practices Act.

HB5649 - 38 - LRB103 39383 RTM 69556 b
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) (Blank).
(b-5) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, 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 the 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 in accordance
with subsection (g) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(b-10) In cases where the Department of Healthcare and
Family Services has previously determined a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has 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 item (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil

HB5649 - 39 - LRB103 39383 RTM 69556 b
Administrative Code of Illinois.
(c) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of his or her
license. The suspension will end upon a finding by a court that
the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and
discharging the patient, and the recommendation of the Board
to the Secretary that the licensee be allowed to resume
professional practice.
(c-1) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based solely upon the professional counselor or
clinical professional counselor authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State, regardless of whether
the patient was a resident of this State or another state.
(c-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to

HB5649 - 40 - LRB103 39383 RTM 69556 b
practice as a professional counselor or clinical professional
counselor based upon the professional counselor's or clinical
professional counselor's license being revoked or suspended,
or the professional counselor or clinical professional
counselor being otherwise disciplined by any other state, if
that revocation, suspension, or other form of discipline was
based solely on the professional counselor or clinical
professional counselor violating another state's laws
prohibiting the provision of, authorization of, recommendation
of, aiding or assisting in, referring for, or participation in
any health care service if that health care service as
provided would not have been unlawful under the laws of this
State and is consistent with the standards of conduct for a
professional counselor or clinical professional counselor
practicing in Illinois.
(c-3) The conduct specified in subsections (c-1) and (c-2)
shall not constitute grounds for suspension under Section 145.
(c-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,

HB5649 - 41 - LRB103 39383 RTM 69556 b
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(c-5) In enforcing this Act, the Department, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department may order the examining physician
to present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. The examination shall be performed by a
physician licensed to practice medicine in all its branches.
Failure of an individual to submit to a mental or physical
examination, when directed, shall result in an automatic
suspension without hearing.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an

HB5649 - 42 - LRB103 39383 RTM 69556 b
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension.
If the Department finds an individual unable to practice
or unfit for duty because of the reasons set forth in this
subsection (c-5), the Department may require that individual
to submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the 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. An individual whose license was
granted, continued, restored, 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 Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
A person holding a license under this Act or who has
applied for a license under this Act 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

HB5649 - 43 - LRB103 39383 RTM 69556 b
judgment, skill, or safety, may be required by the Department
to submit 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. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual 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

HB5649 - 44 - LRB103 39383 RTM 69556 b
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(d) (Blank).
(e) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.)
(225 ILCS 107/175 new)
Sec. 175. Use of artificial intelligence. The Department
may adopt rules to regulate the use of artificial intelligence
tools to provide mental health services by persons licensed
under this Act.
Section 30. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2EEEE as follows:
(815 ILCS 505/2EEEE new)
Sec. 2EEEE. Use of artificial intelligence in mental
health services.
(a) As used in this Section:
"Artificial intelligence" means any technology that can
simulate human intelligence, including, but not limited to,
natural language processing, training language models, and
reinforcement learning from human feedback and machine
learning systems.

HB5649 - 45 - LRB103 39383 RTM 69556 b