Text of IL HB 4096 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4096 Introduced 5/17/2023, by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new 210 ILCS 5/10f from Ch. 111 1/2, par. 157-8.10f 210 ILCS 85/7 from Ch. 111 1/2, par. 148 225 ILCS 60/67 new Amends the Medical Practice Act of 1987. Provides that sex-reassignment procedures are prohibited for patients younger than 18 years of age. Provides that if sex-reassignment procedures are administered or performed on patients 18 years of age or older, consent must be provided as specified. Provides that the Department of Financial and Professional Regulation shall revoke the license of any physician who willfully or actively violates the prohibition on sex-reassignment procedures for patients younger than 18 years of age. Amends the Hospital Licensing Act and the Ambulatory Surgical Treatment Center Act. Adds a failure to comply with the provisions as grounds for fines, license denial, license suspension or revocation, or refusal to renew a hospital or facility's license. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. LRB103 32558 SPS 62147 b A BILL FOR HB4096LRB103 32558 SPS 62147 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Illinois Administrative Procedure Act is 5amended by adding Section 5-45.35 as follows: 6 (5 ILCS 100/5-45.35 new) 7 Sec. 5-45.35. Emergency rulemaking; Department of 8Financial and Professional Regulation. To provide for the 9expeditious and timely implementation of this amendatory Act 10of the 103rd General Assembly, emergency rules implementing 11Section 67 of the Medical Practice Act of 1987 may be adopted 12in accordance with Section 5-45 by the Department of Financial 13and Professional Regulation and the Department of Public 14Health. The adoption of emergency rules authorized by Section 155-45 and this Section is deemed to be necessary for the public 16interest, safety, and welfare. 17 This Section is repealed one year after the effective date 18of this amendatory Act of the 103rd General Assembly. 19 Section 10. The Ambulatory Surgical Treatment Center Act 20is amended by changing Section 10f as follows: 21 (210 ILCS 5/10f) (from Ch. 111 1/2, par. 157-8.10f) HB4096- 2 -LRB103 32558 SPS 62147 b 1 Sec. 10f. Denial, suspension, revocation or refusal to 2renew a license; suspension of a service. 3 (a) When the Director determines that there is or has been 4a substantial or continued failure to comply with this Act or 5any rule promulgated hereunder, or Section 67 of the Medical 6Practice Act of 1987, the Department may issue an order of 7license denial, suspension or revocation, or refusal to renew 8a license, in accordance with subsection (a) of Section 10g of 9this Act. 10 (b) When the Director determines that a facility has 11failed to demonstrate the capacity to safely provide one or 12more of its services to patients, the Department may issue an 13order of service suspension in accordance with subsection (a) 14of Section 10g of this Act. 15 (c) If, however, the Department finds that the public 16interest, health, safety, or welfare imperatively requires 17emergency action, and if the Director incorporates a finding 18to that effect in the order, summary suspension of a service or 19a license to open, conduct, operate, and maintain an 20ambulatory surgical treatment center or any part thereof may 21be ordered pending proceedings for license revocation or other 22action, which shall be promptly instituted and determined. 23(Source: P.A. 86-1292.) 24 Section 15. The Hospital Licensing Act is amended by 25changing Section 7 as follows: HB4096- 3 -LRB103 32558 SPS 62147 b 1 (210 ILCS 85/7) (from Ch. 111 1/2, par. 148) 2 Sec. 7. (a) The Director after notice and opportunity for 3hearing to the applicant or licensee may deny, suspend, or 4revoke a permit to establish a hospital or deny, suspend, or 5revoke a license to open, conduct, operate, and maintain a 6hospital in any case in which he finds that there has been a 7substantial failure to comply with the provisions of this Act, 8the Hospital Report Card Act, or the Illinois Adverse Health 9Care Events Reporting Law of 2005, or Section 67 of the Medical 10Practice Act of 1987 or the standards, rules, and regulations 11established by virtue of any of those Acts. The Department may 12impose fines on hospitals, not to exceed $500 per occurrence, 13for failing to (1) initiate a criminal background check on a 14patient that meets the criteria for hospital-initiated 15background checks or (2) report the death of a person known to 16be a resident of a facility licensed under the ID/DD Community 17Care Act or the MC/DD Act to the coroner or medical examiner 18within 24 hours as required by Section 6.09a of this Act. In 19assessing whether to impose such a fine for failure to 20initiate a criminal background check, the Department shall 21consider various factors including, but not limited to, 22whether the hospital has engaged in a pattern or practice of 23failing to initiate criminal background checks. Money from 24fines shall be deposited into the Long Term Care Provider 25Fund. HB4096- 4 -LRB103 32558 SPS 62147 b 1 (a-5) If a hospital demonstrates a pattern or practice of 2failing to substantially comply with the requirements of 3Section 10.10 or the hospital's written staffing plan, the 4hospital shall provide a plan of correction to the Department 5within 60 days. The Department may impose fines as follows: 6(i) if a hospital fails to implement a written staffing plan 7for nursing services, a fine not to exceed $500 per occurrence 8may be imposed; (ii) if a hospital demonstrates a pattern or 9practice of failing to substantially comply with a plan of 10correction within 60 days after the plan takes effect, a fine 11not to exceed $500 per occurrence may be imposed; and (iii) if 12a hospital demonstrates for a second or subsequent time a 13pattern or practice of failing to substantially comply with a 14plan of correction within 60 days after the plan takes effect, 15a fine not to exceed $1,000 per occurrence may be imposed. 16Reports of violations of Section 10.10 shall be subject to 17public disclosure under Section 6.14a. Money from fines within 18this subsection (a-5) shall be deposited into the Hospital 19Licensure Fund, and money from fines for violations of Section 2010.10 shall be used for scholarships under the Nursing 21Education Scholarship Law. 22 (b) Such notice shall be effected by registered mail or by 23personal service setting forth the particular reasons for the 24proposed action and fixing a date, not less than 15 days from 25the date of such mailing or service, at which time the 26applicant or licensee shall be given an opportunity for a HB4096- 5 -LRB103 32558 SPS 62147 b 1hearing. Such hearing shall be conducted by the Director or by 2an employee of the Department designated in writing by the 3Director as Hearing Officer to conduct the hearing. On the 4basis of any such hearing, or upon default of the applicant or 5licensee, the Director shall make a determination specifying 6his findings and conclusions. In case of a denial to an 7applicant of a permit to establish a hospital, such 8determination shall specify the subsection of Section 6 under 9which the permit was denied and shall contain findings of fact 10forming the basis of such denial. A copy of such determination 11shall be sent by registered mail or served personally upon the 12applicant or licensee. The decision denying, suspending, or 13revoking a permit or a license shall become final 35 days after 14it is so mailed or served, unless the applicant or licensee, 15within such 35 day period, petitions for review pursuant to 16Section 13. 17 (c) The procedure governing hearings authorized by this 18Section shall be in accordance with rules promulgated by the 19Department and approved by the Hospital Licensing Board. A 20full and complete record shall be kept of all proceedings, 21including the notice of hearing, complaint, and all other 22documents in the nature of pleadings, written motions filed in 23the proceedings, and the report and orders of the Director and 24Hearing Officer. All testimony shall be reported but need not 25be transcribed unless the decision is appealed pursuant to 26Section 13. A copy or copies of the transcript may be obtained HB4096- 6 -LRB103 32558 SPS 62147 b 1by any interested party on payment of the cost of preparing 2such copy or copies. 3 (d) The Director or Hearing Officer shall upon his own 4motion, or on the written request of any party to the 5proceeding, issue subpoenas requiring the attendance and the 6giving of testimony by witnesses, and subpoenas duces tecum 7requiring the production of books, papers, records, or 8memoranda. All subpoenas and subpoenas duces tecum issued 9under the terms of this Act may be served by any person of full 10age. The fees of witnesses for attendance and travel shall be 11the same as the fees of witnesses before the Circuit Court of 12this State, such fees to be paid when the witness is excused 13from further attendance. When the witness is subpoenaed at the 14instance of the Director, or Hearing Officer, such fees shall 15be paid in the same manner as other expenses of the Department, 16and when the witness is subpoenaed at the instance of any other 17party to any such proceeding the Department may require that 18the cost of service of the subpoena or subpoena duces tecum and 19the fee of the witness be borne by the party at whose instance 20the witness is summoned. In such case, the Department in its 21discretion, may require a deposit to cover the cost of such 22service and witness fees. A subpoena or subpoena duces tecum 23issued as aforesaid shall be served in the same manner as a 24subpoena issued out of a court. 25 (e) Any Circuit Court of this State upon the application 26of the Director, or upon the application of any other party to HB4096- 7 -LRB103 32558 SPS 62147 b 1the proceeding, may, in its discretion, compel the attendance 2of witnesses, the production of books, papers, records, or 3memoranda and the giving of testimony before the Director or 4Hearing Officer conducting an investigation or holding a 5hearing authorized by this Act, by an attachment for contempt, 6or otherwise, in the same manner as production of evidence may 7be compelled before the court. 8 (f) The Director or Hearing Officer, or any party in an 9investigation or hearing before the Department, may cause the 10depositions of witnesses within the State to be taken in the 11manner prescribed by law for like depositions in civil actions 12in courts of this State, and to that end compel the attendance 13of witnesses and the production of books, papers, records, or 14memoranda. 15(Source: P.A. 102-641, eff. 8-27-21.) 16 Section 20. The Medical Practice Act of 1987 is amended by 17adding Section 67 as follows: 18 (225 ILCS 60/67 new) 19 Sec. 67. Prohibition on sex-reassignment procedures. 20 (a) As used in this Section: 21 "Sex" means the classification of a person as either male 22or female based on the organization of the human body of such 23person for a specific reproductive role, as indicated by the 24person's sex chromosomes, naturally occurring sex hormones, HB4096- 8 -LRB103 32558 SPS 62147 b 1and internal and external genitalia present at birth. 2 "Sex-reassignment procedures" means any medical procedure, 3including a surgical procedure, to affirm a person's 4perception of his or her sex if that perception is 5inconsistent with the person's sex. 6 "Sex-reassignment procedures" does not include: 7 (1) treatment provided by a physician who, in his or 8 her good faith clinical judgment, performs procedures upon 9 or provides therapies to a minor born with a medically 10 verifiable genetic disorder of sexual development, 11 including any of the following: 12 (A) external biological sex characteristics that 13 are unresolvably ambiguous; and 14 (B) a disorder of sexual development in which the 15 physician has determined through genetic or 16 biochemical testing that the patient does not have a 17 normal sex chromosome structure, sex steroid hormone 18 production, or sex steroid hormone action for a male 19 or female, as applicable; 20 (2) procedures to treat an infection, an injury, a 21 disease, or a disorder that has been caused or exacerbated 22 by the performance of any sex-reassignment procedure, 23 regardless of whether such procedure was performed in 24 accordance with state or federal law; and 25 (3) procedures provided to a patient for the treatment 26 of a physical disorder, physical injury, or physical HB4096- 9 -LRB103 32558 SPS 62147 b 1 illness that would, as certified by a licensed physician, 2 place the individual in imminent danger of death or 3 impairment of a major bodily function without the 4 procedure. 5 (b) Sex-reassignment procedures are prohibited for 6patients younger than 18 years of age. 7 (c) If sex-reassignment procedures are prescribed for or 8administered or performed on patients 18 years of age or 9older, consent must be voluntary, informed, and in writing on 10forms adopted by rule of the Department. Consent to 11sex-reassignment procedures is voluntary and informed only if 12the physician who is to prescribe or administer the 13pharmaceutical product or perform the procedure has, at a 14minimum, while physically present in the same room: 15 (1) informed the patient of the nature and risks of 16 the procedure in order for the patient to make a prudent 17 decision; 18 (2) provided the informed consent form, as adopted in 19 rule by the Department, to the patient; and 20 (3) received the patient's written acknowledgment, 21 before the procedure is administered or performed, that 22 the information required to be provided under this 23 subsection has been provided. 24 (c) Sex-reassignment procedures may not be administered or 25performed except by a physician. 26 (d) The Department shall revoke the license of any HB4096- 10 -LRB103 32558 SPS 62147 b 1physician who willfully or actively participates in a 2violation of subsection (b). 3 (e) The Department shall adopt emergency rules to 4implement this Section.