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HB 3637

HEALTH REGULATION-VARIOUS

104th Regular Session Introduced by Omar Aquino and 35 co-sponsors

Protects Illinois-licensed health professionals from discipline for lawful Illinois care; bars action based only on out-of-state discipline tied to services lawful in Illinois.

Public Act . . . . . . . . . 104-0432
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Bill Summary · HB 3637

Summary — HB 3637 (Public Act 104-0432): “Health Regulation — Various”

Status and effective date
- Public Act: 104‑0432 (HB 3637)
- Governor approved: August 22, 2025
- Effective date: January 1, 2026

Purpose / intent
- To revise professional licensing statutes for numerous health occupations to limit disciplinary or non‑disciplinary actions based solely on participation in health care services that are lawful in Illinois, and to modify certain rules in the Illinois Food, Drug and Cosmetic Act concerning a drug’s adulteration status after loss of U.S. FDA approval.

Key provisions
1. Scope — Acts amended (selected)
- Behavior Analyst Licensing Act
- Clinical Psychologist Licensing Act
- Clinical Social Work and Social Work Practice Act
- Marriage and Family Therapy Licensing Act
- Medical Practice Act of 1987
- Nurse Practice Act
- Pharmacy Practice Act
- Physician Assistant Practice Act of 1987
- Professional Counselor and Clinical Professional Counselor Licensing and Practice Act
- Licensed Certified Professional Midwife Practice Act
- Wholesale Drug Distribution Licensing Act
- Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act
- Genetic Counselor Licensing Act

  1. Protections for practitioners

    • The Department of Professional and Financial Regulation may not take disciplinary or non‑disciplinary action against a person’s authorization to practice solely because the person recommended, aided, assisted, referred for, or participated in any health care service, provided the service was not unlawful under Illinois law.
    • The Department also may not take action based solely on the fact that the person’s license/registration/permit was revoked, suspended, or otherwise disciplined by another state if that out‑of‑state discipline was based solely on a violation of that state’s laws prohibiting involvement in a health care service that would have been lawful in Illinois and was consistent with Illinois standards of conduct.
    • Language throughout the amended Acts shifts some references from specific occupational titles to the term “person.”

  2. Illinois Food, Drug and Cosmetic Act — drug status after loss of FDA approval

    • The law was amended so that revocation of a drug’s FDA approval after January 1, 2025 will not automatically make the drug “adulterated” under state law if: (a) the drug had previously been FDA‑approved before January 1, 2025; (b) the drug is recommended for use by the World Health Organization (WHO); and (c) the drug’s labeling was true and accurate at the time of manufacture.
    • This provision includes a sunset: the subsection is inoperative on and after January 1, 2035.
    • (Note: a House amendment removed a prior reference to “safety and efficacy established by peer‑reviewed research”; a Senate amendment inserted the current time‑limited WHO/revocation language.)

  3. Other

    • Existing disciplinary grounds (e.g., fraud, incompetence, failure to report abuse, substance abuse, conviction of certain crimes) and penalty authority (including fines up to $10,000 per violation in some Acts) remain in place.
    • Some procedural provisions (e.g., automatic suspension in certain involuntary mental health admission circumstances, tax/child support noncompliance) continue to apply as specified in the individual Acts.

Who is affected
- Licensed and credentialed health care professionals across the listed licensing Acts (physicians, nurses, physician assistants, behavioral analysts, psychologists, clinical social workers, counselors, marriage and family therapists, midwives, pharmacists, genetic counselors, surgical assistants/technologists, etc.).
- The Department of Professional and Financial Regulation and professional licensing boards.
- Pharmacies, drug manufacturers, and entities handling drugs that lost FDA approval but may still be WHO‑recommended during the specified period.
- Patients who receive health care services lawful under Illinois law.

Procedural/timeline notes
- Passed both houses in May 2025; sent to governor June 24, 2025; approved August 22, 2025.
- General effective date: January 1, 2026.
- Drug‑adulteration provision tied to revocations after January 1, 2025 and the WHO‑based exception expires January 1, 2035.

Potential impact (practical implications)
- Limits the ability of Illinois licensing authorities to discipline practitioners solely for participating in health services that are legal in Illinois but restricted in other states, reducing the risk that out‑of‑state disciplinary actions based solely on those differences will trigger Illinois discipline.
- Creates a temporary pathway for certain previously FDA‑approved drugs (revoked after 1/1/2025) to avoid automatic classification as adulterated under state law if WHO‑recommended and labeling was accurate at manufacture — potentially affecting availability and distribution decisions during the 2025–2034 period.

Sources: Enrolled Public Act 104‑0432 (HB 3637), bill file and amendment history.

Compiled from official sources — confirm details with the bill’s official record.

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