{"data":{"id":"us-il/20-ilcs-2105-2105-390","jurisdiction":"us-il","citation":"20 ILCS 2105/2105-390","heading":"Health professionals; duty to report.","body":"(This Section may contain text from a Public Act with a delayed effective date)\n(a) As used in this Section:\n\"Health professional\" means: (1) a person licensed or registered by the Department of Financial and Professional Regulation under the following Acts: the Medical Practice Act of 1987, the Nurse Practice Act, the Acupuncture Practice Act, the Illinois Athletic Trainers Practice Act, the Behavior Analyst Licensing Act, the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Illinois Dental Practice Act, the Dietitian Nutritionist Practice Act, the Marriage and Family Therapy Licensing Act, the Music Therapy Licensing and Practice Act, the Massage Therapy Practice Act, the Naprapathic Practice Act, the Licensed Certified Professional Midwife Practice Act, the Nursing Home Administrators Licensing and Disciplinary Act, the Illinois Occupational Therapy Practice Act, the Illinois Optometric Practice Act of 1987, the Orthotics, Prosthetics, and Pedorthics Practice Act, the Pharmacy Practice Act, the Illinois Physical Therapy Act, the Physician Assistant Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Respiratory Care Practice Act, the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Sex Offender Evaluation and Treatment Provider Act, the Illinois Speech-Language Pathology and Audiology Practice Act, the Perfusionist Practice Act, the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act, or the Genetic Counselor Licensing Act; or (2) a person in any profession that the Department of Financial and Professional Regulation adds by rule.\n\"Intimate conduct\" means the following conduct by a health professional:\n(1) engaging in behavior, gestures, or expressions that are seductive, sexually suggestive, or sexually demeaning to a patient or client in the course of professional service, including, but not limited to, the following:\n(A) neglecting to employ disrobing or draping practices that respect the patient's or client's privacy or deliberately watching a patient or client dress or undress;\n(B) subjecting a patient or client to an intimate examination in the presence of students or other persons not delivering professional services without the patient's or client's informed consent or after the withdrawal of informed consent by the patient or client;\n(C) performing an intimate examination or service;\n(D) capturing an image of a patient's or client's genitals, anus, breast, or sexualized body part, or transmitting such an image to oneself or to another; or\n(E) requesting details of a patient's or client's sexual history or sexual likes or dislikes;\n(2) other than displaying, or attempting to display, anatomical images or models as part of clinical treatment or patient education, whether in the health professional's physical or virtual place of work:\n(A) engaging in an act or displaying an image of a sexual or seductive nature, or attempting to engage in an act or display an image of a sexual or seductive nature, in view of an individual who does not consent to view the act or image or who is incapable of consenting to such viewing; or\n(B) communicating an image of the genitals, anus, breast, or sexualized body part of an individual when the individual or the recipient of the communication does not consent to the communication.\n\"Reportable conduct\" means conduct that must be reported pursuant to subsection (b).\n\"Retaliatory action\" has the meaning given to that term in Section 5 of the Whistleblower Act.\n\"Sexual conduct\" means the following conduct by a health professional:\n(1) engaging in behavior with a patient or client that is sexual, or may be reasonably interpreted as sexual, in the course of professional service, including, but not limited to, the following:\n(A) genital to genital contact, oral to genital contact, genital to anal contact, or oral to anal contact;\n(B) kissing in a romantic or sexual manner;\n(C) touching the genitals, anus, breast, or any other sexualized body part for any purpose other than appropriate clinical examination or professional service;\n(D) touching the genitals, anus, breast, or any other sexualized body part after the patient or client, who has the capacity to give consent, has refused or has withdrawn consent for such touching, or, in the case of a patient who does not have the capacity to give consent, the patient's or client's decision-maker has refused or has withdrawn consent for such touching;\n(E) encouraging the patient or client to masturbate in the presence of the professional or masturbation by the professional while the patient or client is present;\n(F) encouraging the patient or client to engage in a sexual act with another person in the presence of the professional;\n(G) offering to provide professional services to a patient or client in exchange for sexual favors;\n(H) examination or touching of a patient's or client's genital mucosal areas without the use of gloves;\n(I) making sexualized or sexually demeaning comments to a patient or client, making inappropriate comments about potential sexual performance, criticizing the patient's or client's sexual orientation, or making sexual or seductive comments about a patient's or client's body or underclothing;\n(J) using the professional-patient or professional-client relationship to solicit a romantic or sexual relationship; or\n(K) initiating a conversation regarding the professional's sexual problems, preferences, or fantasies; or\n(2) in the health professional's physical place of work, making physical contact of a sexual or seductive nature, or attempting to make such contact, with an individual who does not consent to the contact or who is incapable of consenting to such contact when the conduct does not occur as part of a professional service.\n(b) Unless excluded by subsection (c), a health professional shall report to the Department of Financial and Professional Regulation within 24 hours after:\n(1) witnessing sexual conduct or intimate conduct at the person's physical or virtual place of work or otherwise witnessing such conduct in the person's professional capacity;\n(2) developing reasonable cause to believe that a health professional at the person's physical or virtual place of work or a health professional otherwise known to the person in the person's professional capacity may have committed sexual conduct or intimate conduct; or\n(3) receiving a report, either written or oral, from a patient, client, patient representative, or client representative alleging sexual conduct or intimate conduct involving a patient or client.\n(c) A person with a duty to report under subsection (b) need not report the following:\n(1) conduct that the Department of Financial and Professional Regulation has, by rule, excluded from the duty to report or has informed the person in writing that they need not report; and\n(2) intimate conduct when:\n(A) it is not sexual conduct; and\n(B) the person: (i) knows that the health professional committed the conduct accidentally, and the person has no reason to believe that the health professional engaged in, or was accused of engaging in, similar conduct on a separate occasion, or (ii) has a good faith belief that the health professional's conduct was clinically or professionally justified.\n(d) If reportable conduct occurred at a hospital or hospital affiliate subject to the requirements of Section 9.6 of the Hospital Licensing Act, a person with a duty to report under subsection (b) satisfies that duty, without needing to file the report specified in subsection (e), by:\n(1) providing, within 24 hours, to the designated hospital administrator responsible for providing reports to the Department of Public Health in accordance with Section 9.6 of the Hospital Licensing Act, an account of the reportable conduct; and\n(2) receiving confirmation from such administrator, within 48 hours of providing the account, that the hospital or hospital affiliate will investigate or has investigated the account; if the person does not receive such confirmation within that 48-hour time period, the person shall make the report to the Department of Financial and Professional Regulation in accordance with subsection (e) within 24 hours after the expiration of that 48-hour time period.\nNothing in this subsection prohibits the person from filing the report specified in subsection (e) with the Department of Financial and Professional Regulation.\n(e) A report required by subsection (b) shall be in writing and shall contain the following information:\n(1) the name, address, telephone number, and email address of the person making the report;\n(2) the name, address, telephone number, and email address of the health professional who is the subject of the report and the profession and professional license number of such health professional, if known;\n(3) the name, address, or other contact information of the individual or individuals who made the allegation of reportable conduct that is the subject of the report;\n(4) a description of the acts that are alleged to have occurred, including the name and age of the patient or client involved, the location, date, and time of the alleged acts, and a copy of any document or file containing the allegations received by the hospital;\n(5) a brief description of the facts that gave rise to the issuance of the report, including the date of receiving the oral or written allegation; and\n(6) any extenuating information or further pertinent information that the reporting party deems to be an aid in the evaluation of the report, including, without limitation, information showing that the health professional was acting in self-defense.\n(f) The Department of Financial and Professional Regulation shall provide a means for a person to report an incident of reportable conduct, regardless of whether such report is mandated by law, on its website.\n(g) A person participating in good faith in the creation of a report under this Section or participating in or assisting with an investigation related to such a report shall have immunity from any civil, criminal, professional, or other liability that might result by reason of those actions, including, but not limited to, defamation actions or tortious interference with contract actions.\n(h) Individuals and entities licensed or otherwise authorized to practice or operate by the Department of Financial and Professional Regulation or the Department of Public Health shall not take any retaliatory action against any person who lawfully and in good faith made a report under this Section because of the person making such a report.\n(i) A report made under this Section does not create a presumption that the health professional who is the subject of the report has committed a violation or a criminal act. If the Department of Financial and Professional Regulation seeks to impose discipline on a health professional due to a report received under this Section, nothing in this Section shall modify the elements that the Department must establish to justify such discipline under the health professional's applicable licensing Act.\n(j) A health professional shall report any instance where another health professional willfully fails to report alleged reportable conduct to the Department of Financial and Professional Regulation as required under this Section.\n(k) A report made under this Section is subject to the confidentiality provisions of Section 2105-117.\n(l) The Department of Financial and Professional Regulation may adopt any rules necessary to implement, administer, and enforce this Section.","path":["CHAPTER 20 EXECUTIVE BRANCH","Civil Administrative Code of Illinois. (Department of Professional Regulation Law)"],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=325\u0026ChapterID=5\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:14Z","sha256":"2a973998dc7c6335e4969cfa2b4ae1b3dfa03cf547dc93d194479715f14dda1d","source_id":"us-il","stale":false,"prev":"us-il/20-ilcs-2105-2105-380","next":"us-il/20-ilcs-2105-2105-391"},"notice":"GroundRules: Original legal text. Not legal advice."}