Illinois General Assembly - Full Text of Public Act 098-0601
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Public Act 098-0601


 

Public Act 0601 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0601
 
SB1496 EnrolledLRB098 06227 MGM 36268 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.24 as follows:
 
    (5 ILCS 80/4.24)
    Sec. 4.24. Act Acts repealed on December 31 January 1,
2014. The following Act is Acts are repealed on December 31
January 1, 2014:
    The Medical Practice Act of 1987.
(Source: P.A. 97-1139, eff. 12-28-12; 98-140, eff. 12-31-13;
98-253, eff. 8-9-13; 98-254, eff. 8-9-13; 98-264, eff.
12-31-13; 98-339, eff. 12-31-13; 98-363, eff. 8-16-13; 98-364,
eff. 12-31-13; 98-445, eff. 12-31-13; revised 8-27-13.)
 
    (5 ILCS 80/4.23 rep.)
    Section 7. The Regulatory Sunset Act is amended by
repealing Section 4.23.
 
    Section 10. The Medical Practice Act of 1987 is amended by
by adding Section 9.3 and changing Sections 22 and 23 as
follows:
 
    (225 ILCS 60/9.3 new)
    Sec. 9.3. Withdrawal of application. Any applicant
applying for a license or permit under this Act may withdraw
his or her application at any time. If an applicant withdraws
his or her application after receipt of a written Notice of
Intent to Deny License or Permit, then the withdrawal shall be
reported to the Federation of State Medical Boards.
 
    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
    (Section scheduled to be repealed on December 31, 2013)
    Sec. 22. Disciplinary action.
    (A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act to practice medicine, or a chiropractic
physician, including imposing fines not to exceed $10,000 for
each violation, upon any of the following grounds:
        (1) Performance of an elective abortion in any place,
    locale, facility, or institution other than:
            (a) a facility licensed pursuant to the Ambulatory
        Surgical Treatment Center Act;
            (b) an institution licensed under the Hospital
        Licensing Act;
            (c) an ambulatory surgical treatment center or
        hospitalization or care facility maintained by the
        State or any agency thereof, where such department or
        agency has authority under law to establish and enforce
        standards for the ambulatory surgical treatment
        centers, hospitalization, or care facilities under its
        management and control;
            (d) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by the
        Federal Government; or
            (e) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by any
        university or college established under the laws of
        this State and supported principally by public funds
        raised by taxation.
        (2) Performance of an abortion procedure in a wilful
    and wanton manner on a woman who was not pregnant at the
    time the abortion procedure was performed.
        (3) A plea of guilty or nolo 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 of any crime that is a felony.
        (4) Gross negligence in practice under this Act.
        (5) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public.
        (6) Obtaining any fee by fraud, deceit, or
    misrepresentation.
        (7) Habitual or excessive use or abuse of drugs defined
    in law as controlled substances, of alcohol, or of any
    other substances which results in the inability to practice
    with reasonable judgment, skill or safety.
        (8) Practicing under a false or, except as provided by
    law, an assumed name.
        (9) Fraud 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.
        (10) Making a false or misleading statement regarding
    their skill or the efficacy or value of the medicine,
    treatment, or remedy prescribed by them at their direction
    in the treatment of any disease or other condition of the
    body or mind.
        (11) Allowing another person or organization to use
    their license, procured under this Act, to practice.
        (12) Disciplinary action of another state or
    jurisdiction against a license or other authorization to
    practice as a medical doctor, doctor of osteopathy, doctor
    of osteopathic medicine or doctor of chiropractic, a
    certified copy of the record of the action taken by the
    other state or jurisdiction being prima facie evidence
    thereof.
        (13) Violation of any provision of this Act or of the
    Medical Practice Act prior to the repeal of that Act, or
    violation of the rules, or a final administrative action of
    the Secretary, after consideration of the recommendation
    of the Disciplinary Board.
        (14) Violation of the prohibition against fee
    splitting in Section 22.2 of this Act.
        (15) A finding by the Disciplinary Board that the
    registrant after having his or her license placed on
    probationary status or subjected to conditions or
    restrictions violated the terms of the probation or failed
    to comply with such terms or conditions.
        (16) Abandonment of a patient.
        (17) Prescribing, selling, administering,
    distributing, giving or self-administering any drug
    classified as a controlled substance (designated product)
    or narcotic for other than medically accepted therapeutic
    purposes.
        (18) Promotion of the sale of drugs, devices,
    appliances or goods provided for a patient in such manner
    as to exploit the patient for financial gain of the
    physician.
        (19) Offering, undertaking or agreeing to cure or treat
    disease by a secret method, procedure, treatment or
    medicine, or the treating, operating or prescribing for any
    human condition by a method, means or procedure which the
    licensee refuses to divulge upon demand of the Department.
        (20) Immoral conduct in the commission of any act
    including, but not limited to, commission of an act of
    sexual misconduct related to the licensee's practice.
        (21) Wilfully making or filing false records or reports
    in his or her practice as a physician, including, but not
    limited to, false records to support claims against the
    medical assistance program of the Department of Healthcare
    and Family Services (formerly Department of Public Aid)
    under the Illinois Public Aid Code.
        (22) Wilful omission to file or record, or wilfully
    impeding the filing or recording, or inducing another
    person to omit to file or record, medical reports as
    required by law, or wilfully failing to report an instance
    of suspected abuse or neglect as required by law.
        (23) 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.
        (24) Solicitation of professional patronage by any
    corporation, agents or persons, or profiting from those
    representing themselves to be agents of the licensee.
        (25) Gross and wilful and continued overcharging for
    professional services, including filing false statements
    for collection of fees for which services are not rendered,
    including, but not limited to, filing such false statements
    for collection of monies for services not rendered from the
    medical assistance program of the Department of Healthcare
    and Family Services (formerly Department of Public Aid)
    under the Illinois Public Aid Code.
        (26) A pattern of practice or other behavior which
    demonstrates incapacity or incompetence to practice under
    this Act.
        (27) Mental illness or disability which results in the
    inability to practice under this Act with reasonable
    judgment, skill or safety.
        (28) Physical illness, including, but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in a physician's inability to practice
    under this Act with reasonable judgment, skill or safety.
        (29) Cheating on or attempt to subvert the licensing
    examinations administered under this Act.
        (30) Wilfully or negligently violating the
    confidentiality between physician and patient except as
    required by law.
        (31) The use of any false, fraudulent, or deceptive
    statement in any document connected with practice under
    this Act.
        (32) Aiding and abetting an individual not licensed
    under this Act in the practice of a profession licensed
    under this Act.
        (33) Violating state or federal laws or regulations
    relating to controlled substances, legend drugs, or
    ephedra as defined in the Ephedra Prohibition Act.
        (34) Failure to report to the Department any adverse
    final action taken against them by another licensing
    jurisdiction (any other state or any territory of the
    United States or any foreign state or country), by any peer
    review body, by any health care institution, by any
    professional society or association related to practice
    under this Act, by any governmental agency, by any law
    enforcement agency, or by any court for acts or conduct
    similar to acts or conduct which would constitute grounds
    for action as defined in this Section.
        (35) Failure to report to the Department surrender of a
    license or authorization to practice as a medical doctor, a
    doctor of osteopathy, a doctor of osteopathic medicine, or
    doctor of chiropractic in another state or jurisdiction, or
    surrender of membership on any medical staff or in any
    medical 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 which would constitute grounds for action as
    defined in this Section.
        (36) Failure to report to the Department any adverse
    judgment, settlement, or award arising from a liability
    claim related to acts or conduct similar to acts or conduct
    which would constitute grounds for action as defined in
    this Section.
        (37) Failure to provide copies of medical records as
    required by law.
        (38) Failure to furnish the Department, its
    investigators or representatives, relevant information,
    legally requested by the Department after consultation
    with the Chief Medical Coordinator or the Deputy Medical
    Coordinator.
        (39) Violating the Health Care Worker Self-Referral
    Act.
        (40) Willful failure to provide notice when notice is
    required under the Parental Notice of Abortion Act of 1995.
        (41) Failure to establish and maintain records of
    patient care and treatment as required by this law.
        (42) Entering into an excessive number of written
    collaborative agreements with licensed advanced practice
    nurses resulting in an inability to adequately
    collaborate.
        (43) Repeated failure to adequately collaborate with a
    licensed advanced practice nurse.
        (44) Violating the Compassionate Use of Medical
    Cannabis Pilot Program Act.
    Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
    The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
    The Department may refuse to issue or take disciplinary
action concerning 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 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 as determined by
the Illinois Department of Revenue.
    The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
        (a) when a person will be deemed sufficiently
    rehabilitated to warrant the public trust;
        (b) what constitutes dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public;
        (c) what constitutes immoral conduct in the commission
    of any act, including, but not limited to, commission of an
    act of sexual misconduct related to the licensee's
    practice; and
        (d) what constitutes gross negligence in the practice
    of medicine.
    However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
    In enforcing this Section, the Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing
Board, any individual who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board 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, 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 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 deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or 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, permit holder, 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, permit
holder, 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 present during all aspects of the
examination. Failure of any individual to submit to mental or
physical examination and 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
Disciplinary Board finds a physician unable to practice because
of the reasons set forth in this Section, the Disciplinary
Board shall require such physician to submit to care,
counseling, or treatment by physicians approved or designated
by the Disciplinary Board, as a condition for continued,
reinstated, or renewed licensure to practice. Any physician,
whose license was granted pursuant to Sections 9, 17, or 19 of
this Act, or, continued, reinstated, renewed, disciplined or
supervised, subject to such terms, conditions or restrictions
who shall fail to comply with such terms, conditions or
restrictions, or to complete a required program of care,
counseling, or treatment, as determined by the Chief Medical
Coordinator or Deputy Medical Coordinators, shall be referred
to the Secretary for a determination as to whether the licensee
shall have their license suspended immediately, pending a
hearing by the Disciplinary Board. In instances in which the
Secretary immediately suspends a license under this Section, a
hearing upon such person's license must be convened by the
Disciplinary Board within 15 days after such suspension and
completed without appreciable delay. The Disciplinary Board
shall have the authority to review the subject physician'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, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
    The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Medical
Disciplinary Fund.
    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 Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this subsection
B shall be prohibited from practicing medicine or treating
human ailments without the use of drugs and without operative
surgery.
    (C) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 96-608, eff. 8-24-09; 96-1000, eff. 7-2-10;
97-622, eff. 11-23-11.)
 
    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
    (Section scheduled to be repealed on December 31, 2013)
    Sec. 23. Reports relating to professional conduct and
capacity.
    (A) Entities required to report.
        (1) Health care institutions. The chief administrator
    or executive officer of any health care institution
    licensed by the Illinois Department of Public Health shall
    report to the Disciplinary Board when any person's clinical
    privileges are terminated or are restricted based on a
    final determination made in accordance with that
    institution's by-laws or rules and regulations that a
    person has either committed an act or acts which may
    directly threaten patient care or that a person may be
    mentally or physically disabled in such a manner as to
    endanger patients under that person's care. Such officer
    also shall report if a person accepts voluntary termination
    or restriction of clinical privileges in lieu of formal
    action based upon conduct related directly to patient care
    or in lieu of formal action seeking to determine whether a
    person may be mentally or physically disabled in such a
    manner as to endanger patients under that person's care.
    The Disciplinary Board shall, by rule, provide for the
    reporting to it by health care institutions of all
    instances in which a person, licensed under this Act, who
    is impaired by reason of age, drug or alcohol abuse or
    physical or mental impairment, is under supervision and,
    where appropriate, is in a program of rehabilitation. Such
    reports shall be strictly confidential and may be reviewed
    and considered only by the members of the Disciplinary
    Board, or by authorized staff as provided by rules of the
    Disciplinary Board. Provisions shall be made for the
    periodic report of the status of any such person not less
    than twice annually in order that the Disciplinary Board
    shall have current information upon which to determine the
    status of any such person. Such initial and periodic
    reports of impaired physicians shall not be considered
    records within the meaning of The State Records Act and
    shall be disposed of, following a determination by the
    Disciplinary Board that such reports are no longer
    required, in a manner and at such time as the Disciplinary
    Board shall determine by rule. The filing of such reports
    shall be construed as the filing of a report for purposes
    of subsection (C) of this Section.
        (1.5) Clinical training programs. The program director
    of any post-graduate clinical training program shall
    report to the Disciplinary Board if a person engaged in a
    post-graduate clinical training program at the
    institution, including, but not limited to, a residency or
    fellowship, separates from the program for any reason prior
    to its conclusion. The program director shall provide all
    documentation relating to the separation if, after review
    of the report, the Disciplinary Board determines that a
    review of those documents is necessary to determine whether
    a violation of this Act occurred.
        (2) Professional associations. The President or chief
    executive officer of any association or society, of persons
    licensed under this Act, operating within this State shall
    report to the Disciplinary Board when the association or
    society renders a final determination that a person has
    committed unprofessional conduct related directly to
    patient care or that a person may be mentally or physically
    disabled in such a manner as to endanger patients under
    that person's care.
        (3) Professional liability insurers. Every insurance
    company which offers policies of professional liability
    insurance to persons licensed under this Act, or any other
    entity which seeks to indemnify the professional liability
    of a person licensed under this Act, shall report to the
    Disciplinary Board the settlement of any claim or cause of
    action, or final judgment rendered in any cause of action,
    which alleged negligence in the furnishing of medical care
    by such licensed person when such settlement or final
    judgment is in favor of the plaintiff.
        (4) State's Attorneys. The State's Attorney of each
    county shall report to the Disciplinary Board, within 5
    days, any instances in which a person licensed under this
    Act is convicted of any felony or Class A misdemeanor. The
    State's Attorney of each county may report to the
    Disciplinary Board through a verified complaint any
    instance in which the State's Attorney believes that a
    physician has willfully violated the notice requirements
    of the Parental Notice of Abortion Act of 1995.
        (5) State agencies. All agencies, boards, commissions,
    departments, or other instrumentalities of the government
    of the State of Illinois shall report to the Disciplinary
    Board any instance arising in connection with the
    operations of such agency, including the administration of
    any law by such agency, in which a person licensed under
    this Act has either committed an act or acts which may be a
    violation of this Act or which may constitute
    unprofessional conduct related directly to patient care or
    which indicates that a person licensed under this Act may
    be mentally or physically disabled in such a manner as to
    endanger patients under that person's care.
    (B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
Section 23 shall be submitted to the Disciplinary Board in a
timely fashion. Unless otherwise provided in this Section, the
reports shall be filed in writing within 60 days after a
determination that a report is required under this Act. All
reports shall contain the following information:
        (1) The name, address and telephone number of the
    person making the report.
        (2) The name, address and telephone number of the
    person who is the subject of the report.
        (3) The name and date of birth of any patient or
    patients whose treatment is a subject of the report, if
    available, or other means of identification if such
    information is not available, identification of the
    hospital or other healthcare facility where the care at
    issue in the report was rendered, provided, however, no
    medical records may be revealed.
        (4) A brief description of the facts which gave rise to
    the issuance of the report, including the dates of any
    occurrences deemed to necessitate the filing of the report.
        (5) If court action is involved, the identity of the
    court in which the action is filed, along with the docket
    number and date of filing of the action.
        (6) Any further pertinent information which the
    reporting party deems to be an aid in the evaluation of the
    report.
    The Disciplinary Board or Department may also exercise the
power under Section 38 of this Act to subpoena copies of
hospital or medical records in mandatory report cases alleging
death or permanent bodily injury. Appropriate rules shall be
adopted by the Department with the approval of the Disciplinary
Board.
    When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
    Nothing contained in this Section shall act to in any way,
waive or modify the confidentiality of medical reports and
committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Disciplinary Board, the Medical
Coordinators, the Disciplinary Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a federal,
State, or local law enforcement agency pursuant to a subpoena
in an ongoing criminal investigation or to a health care
licensing body or medical licensing authority of this State or
another state or jurisdiction pursuant to an official request
made by that licensing body or medical licensing authority.
Furthermore, information and documents disclosed to a federal,
State, or local law enforcement agency may be used by that
agency only for the investigation and prosecution of a criminal
offense, or, in the case of disclosure to a health care
licensing body or medical licensing authority, only for
investigations and disciplinary action proceedings with regard
to a license. Information and documents disclosed to the
Department of Public Health may be used by that Department only
for investigation and disciplinary action regarding the
license of a health care institution licensed by the Department
of Public Health.
    (C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Disciplinary Board or a peer
review committee, or assisting in the investigation or
preparation of such information, or by voluntarily reporting to
the Disciplinary Board or a peer review committee information
regarding alleged errors or negligence by a person licensed
under this Act, or by participating in proceedings of the
Disciplinary Board or a peer review committee, or by serving as
a member of the Disciplinary Board or a peer review committee,
shall not, as a result of such actions, be subject to criminal
prosecution or civil damages.
    (D) Indemnification. Members of the Disciplinary Board,
the Licensing Board, the Medical Coordinators, the
Disciplinary Board's attorneys, the medical investigative
staff, physicians retained under contract to assist and advise
the medical coordinators in the investigation, and authorized
clerical staff shall be indemnified by the State for any
actions occurring within the scope of services on the
Disciplinary Board or Licensing Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were
wilful and wanton.
    Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton.
    The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Disciplinary Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification.
    The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
    (E) Deliberations of Disciplinary Board. Upon the receipt
of any report called for by this Act, other than those reports
of impaired persons licensed under this Act required pursuant
to the rules of the Disciplinary Board, the Disciplinary Board
shall notify in writing, by certified mail, the person who is
the subject of the report. Such notification shall be made
within 30 days of receipt by the Disciplinary Board of the
report.
    The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The person who is the
subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the
Disciplinary Board no more than 30 days after the date on which
the person was notified by the Disciplinary Board of the
existence of the original report.
    The Disciplinary Board shall review all reports received by
it, together with any supporting information and responding
statements submitted by persons who are the subject of reports.
The review by the Disciplinary Board shall be in a timely
manner but in no event, shall the Disciplinary Board's initial
review of the material contained in each disciplinary file be
less than 61 days nor more than 180 days after the receipt of
the initial report by the Disciplinary Board.
    When the Disciplinary Board makes its initial review of the
materials contained within its disciplinary files, the
Disciplinary Board shall, in writing, make a determination as
to whether there are sufficient facts to warrant further
investigation or action. Failure to make such determination
within the time provided shall be deemed to be a determination
that there are not sufficient facts to warrant further
investigation or action.
    Should the Disciplinary Board find that there are not
sufficient facts to warrant further investigation, or action,
the report shall be accepted for filing and the matter shall be
deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Disciplinary Board's
decision or request further investigation. The Secretary shall
inform the Board of the decision to request further
investigation, including the specific reasons for the
decision. The individual or entity filing the original report
or complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Secretary of any
final action on their report or complaint. The Department shall
disclose to the individual or entity who filed the original
report or complaint, on request, the status of the Disciplinary
Board's review of a specific report or complaint. Such request
may be made at any time, including prior to the Disciplinary
Board's determination as to whether there are sufficient facts
to warrant further investigation or action.
    (F) Summary reports. The Disciplinary Board shall prepare,
on a timely basis, but in no event less than once every other
month, a summary report of final disciplinary actions taken
upon disciplinary files maintained by the Disciplinary Board.
The summary reports shall be made available to the public upon
request and payment of the fees set by the Department. This
publication may be made available to the public on the
Department's website. Information or documentation relating to
any disciplinary file that is closed without disciplinary
action taken shall not be disclosed and shall be afforded the
same status as is provided by Part 21 of Article VIII of the
Code of Civil Procedure.
    (G) Any violation of this Section shall be a Class A
misdemeanor.
    (H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or for
an order enforcing compliance with this Section. Upon filing of
a verified petition in such court, the court may issue a
temporary restraining order without notice or bond and may
preliminarily or permanently enjoin such violation, and if it
is established that such person has violated or is violating
the injunction, the court may punish the offender for contempt
of court. Proceedings under this paragraph shall be in addition
to, and not in lieu of, all other remedies and penalties
provided for by this Section.
(Source: P.A. 96-1372, eff. 7-29-10; P.A. 97-449, eff. 1-1-12;
97-622, eff. 11-23-11.)
 
    Section 99. Effective date. This Act takes effect December
30, 2013.

Effective Date: 12/30/2013