Illinois requires most healthcare professionals to hold a valid professional license through the Illinois Department of Financial and Professional Regulation (IDFPR). This includes not only physicians but also chiropractors, nurses, dentists, pharmacists and psychologists.
Most healthcare professions operate under their own licensing act. For physicians and chiropractors, the Medical Practice Act of 1987 sets out both the licensure requirement and the criminal penalties for unlicensed practice.
Practicing medicine without a valid license in Illinois is a serious offense that can lead to felony charges, civil penalties and license discipline.
[Related: Does an Illinois Physician Have to Submit to Questioning by an IDFPR Investigator?]
What Counts as Unlicensed Practice of Medicine in Illinois
Under Section 49 of the Medical Practice Act, you commit unlicensed practice by doing any of the following without a valid license:
- Presenting yourself to the public as someone who diagnoses or treats physical or mental conditions (including advertising)
- Suggesting, recommending or prescribing treatment in exchange for payment or any other form of compensation (e.g., a gift)
- Diagnosing a condition, performing a procedure or otherwise providing treatment for an ailment
- Running an office where you examine or treat patients
- Adjusting bones or joints, the kind of manipulation chiropractors perform
- Using a title like doctor, physician, surgeon, M.D., D.O. or D.C. to signal that you treat patients professionally
The statute doesn’t require all six. Any one of them, done without a valid license, counts as unlicensed practice on its own.
If a patient suffers harm because of unlicensed practice, the person responsible can face additional criminal charges. These are on top of the unlicensed practice violation itself.
[Related: Can Physician Burnout Lead to Action Against a Doctor’s Medical License?]
What Are the Penalties for Practicing Medicine Without a License?
Illinois treats unlicensed practice as a criminal matter as well as a regulatory one. Under Section 59 of the Medical Practice Act, practicing medicine without a valid license (violating Sections 49 through 56) carries severe criminal consequences:
- First offense is a Class 4 felony, punishable by 1 to 3 years in prison.
- Subsequent offenses escalate to a Class 3 felony, punishable by 2 to 5 years in prison.
Punishment extends past criminal penalties. The IDFPR can pursue a separate civil penalty of up to $10,000 per offense against anyone who does these things:
- Practices
- Offers to practice
- Holds themselves out as a physician without a license
The department can also seek an injunction in circuit court to stop unlicensed practice while criminal or civil proceedings progress.
[Related: Actions To Avoid if Your Professional License Is Under Investigation]
How Aiding an Unlicensed Practitioner Can Put Your Own License at Risk
Criminal exposure for unlicensed practice isn’t limited to the person without a license. Anyone who knowingly aids or conspires with an unlicensed practitioner can face charges too.
For example, imagine you are a nurse who holds a valid Illinois nursing license. You work for a physician whose medical license has lapsed. In that scenario, you could face charges of aiding unlicensed practice under the law.
A criminal conviction carries consequences that reach beyond the courtroom. The Illinois Board of Nursing treats a criminal conviction as grounds for discipline. This discipline carries consequences up to and including revocation of an Illinois nursing license.
As a result, a nurse convicted of aiding unlicensed practice risks losing their license, even without intending to break the law.
Not every case of unlicensed practice involves someone knowingly breaking the law. Some professionals face allegations after failing to renew a license on time or misunderstanding a supervision requirement.
Either way, an investigation or charge deserves a prompt, informed response.
[Related: Protecting Your Nursing License Against Allegations of Wrongdoing]
Contact Williams & Nickl for Expert Medical License Defense
If you’re facing an allegation of unlicensed practice, maybe you’re the primary target or facing accusations of aiding another provider. Both situations can put your career and license on the line. Don’t go it alone.
At Williams & Nickl, we’ve built our practice around defending Illinois healthcare professionals before the IDFPR. We’re thoroughly versed in defending you against criminal charges tied to license issues. And we don’t back down from a fight.
Call us at 312-335-9470 or contact us online to schedule a free, confidential 1-hour consultation.
Browse our client testimonials and case results to see how we’ve helped Illinois professionals protect their licenses.