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Public Act 098-0601 |
SB1496 Enrolled | LRB098 06227 MGM 36268 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing |
Section 4.24 as follows:
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(5 ILCS 80/4.24)
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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 Act Acts repealed on December 31 January 1 , |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Acts are repealed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:
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The Medical Practice Act of 1987.
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(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.)
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(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: |
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(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.
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(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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(Section scheduled to be repealed on December 31, 2013)
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Sec. 22. Disciplinary action.
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(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:
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(1) Performance of an elective abortion in any place, |
locale,
facility, or
institution other than:
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(a) a facility licensed pursuant to the Ambulatory |
Surgical Treatment
Center Act;
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(b) an institution licensed under the Hospital |
Licensing Act;
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(c) an ambulatory surgical treatment center or |
hospitalization or care
facility maintained by the |
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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;
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(d) ambulatory surgical treatment centers, |
hospitalization or care
facilities maintained by the |
Federal Government; or
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(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.
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(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.
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(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.
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(4) Gross negligence in practice under this Act.
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(5) Engaging in dishonorable, unethical or |
unprofessional
conduct of a
character likely to deceive, |
defraud or harm the public.
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(6) Obtaining any fee by fraud, deceit, or
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misrepresentation.
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(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.
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(8) Practicing under a false or, except as provided by |
law, an
assumed
name.
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(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.
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(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.
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(11) Allowing another person or organization to use |
their
license, procured
under this Act, to practice.
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(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.
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(13) Violation of any provision of this Act or of the |
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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.
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(14) Violation of the prohibition against fee |
splitting in Section 22.2 of this Act.
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(15) A finding by the Disciplinary Board that the
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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.
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(16) Abandonment of a patient.
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(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
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purposes.
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(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.
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(19) Offering, undertaking or agreeing to cure or treat
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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
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licensee refuses to divulge upon demand of the Department.
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(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.
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(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)
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under the Illinois Public Aid Code.
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(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.
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(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.
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(24) Solicitation of professional patronage by any
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corporation, agents or
persons, or profiting from those |
representing themselves to be agents of the
licensee.
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(25) Gross and wilful and continued overcharging for
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professional services,
including filing false statements |
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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)
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under the Illinois Public Aid
Code.
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(26) A pattern of practice or other behavior which
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demonstrates
incapacity
or incompetence to practice under |
this Act.
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(27) Mental illness or disability which results in the
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inability to
practice under this Act with reasonable |
judgment, skill or safety.
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(28) Physical illness, including, but not limited to,
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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.
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(29) Cheating on or attempt to subvert the licensing
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examinations
administered under this Act.
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(30) Wilfully or negligently violating the |
confidentiality
between
physician and patient except as |
required by law.
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(31) The use of any false, fraudulent, or deceptive |
statement
in any
document connected with practice under |
this Act.
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(32) Aiding and abetting an individual not licensed |
under this
Act in the
practice of a profession licensed |
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under this Act.
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(33) Violating state or federal laws or regulations |
relating
to controlled
substances, legend
drugs, or |
ephedra as defined in the Ephedra Prohibition Act.
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(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
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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.
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(35) Failure to report to the Department surrender of a
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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.
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(36) Failure to report to the Department any adverse |
judgment,
settlement,
or award arising from a liability |
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claim related to acts or conduct similar to
acts or conduct |
which would constitute grounds for action as defined in |
this
Section.
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(37) Failure to provide copies of medical records as |
required
by law.
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(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
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Coordinator.
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(39) Violating the Health Care Worker Self-Referral
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Act.
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(40) Willful failure to provide notice when notice is |
required
under the
Parental Notice of Abortion Act of 1995.
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(41) Failure to establish and maintain records of |
patient care and
treatment as required by this law.
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(42) Entering into an excessive number of written |
collaborative
agreements with licensed advanced practice |
nurses resulting in an inability to
adequately |
collaborate.
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(43) Repeated failure to adequately collaborate with a |
licensed advanced practice nurse. |
(44) Violating the Compassionate Use of Medical |
Cannabis Pilot Program Act.
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Except
for actions involving the ground numbered (26), all |
proceedings to suspend,
revoke, place on probationary status, |
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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
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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
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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
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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 |
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disciplinary action by the Department.
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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
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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.
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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.
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The Department, upon the recommendation of the |
Disciplinary Board, shall
adopt rules which set forth standards |
to be used in determining:
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(a) when a person will be deemed sufficiently |
rehabilitated to warrant the
public trust;
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(b) what constitutes dishonorable, unethical or |
unprofessional conduct of
a character likely to deceive, |
defraud, or harm the public;
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(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
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(d) what constitutes gross negligence in the practice |
of medicine.
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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.
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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
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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 |
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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
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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 |
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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
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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,
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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,
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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
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record of treatment and counseling regarding the impairment, to |
the extent
permitted by applicable federal statutes and |
regulations safeguarding the
confidentiality of medical |
records.
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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.
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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 |
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Disciplinary Fund.
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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.
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(C) The Disciplinary Board shall recommend to the
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Department civil
penalties and any other appropriate |
discipline in disciplinary cases when the
Board finds that a |
physician willfully performed an abortion with actual
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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.
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(Source: P.A. 96-608, eff. 8-24-09; 96-1000, eff. 7-2-10; |
97-622, eff. 11-23-11 .)
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(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
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(Section scheduled to be repealed on December 31, 2013)
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Sec. 23. Reports relating to professional conduct
and |
capacity. |
(A) Entities required to report.
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(1) Health care institutions. The chief administrator
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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 |
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reporting to it by health care institutions of all
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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
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reports shall be strictly confidential and may be reviewed
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and considered only by the members of the Disciplinary
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Board, or by authorized staff as provided by rules of the
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Disciplinary Board. Provisions shall be made for the
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periodic report of the status of any such person not less
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than twice annually in order that the Disciplinary Board
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shall have current information upon which to determine the
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status of any such person. Such initial and periodic
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reports of impaired physicians shall not be considered
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records within the meaning of The State Records Act and
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shall be disposed of, following a determination by the
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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.
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(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 |
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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.
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(2) Professional associations. The President or chief
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executive officer of any association or society, of persons
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licensed under this Act, operating within this State shall
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report to the Disciplinary Board when the association or
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society renders a final determination that a person has
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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.
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(3) Professional liability insurers. Every insurance
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company which offers policies of professional liability
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insurance to persons licensed under this Act, or any other
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entity which seeks to indemnify the professional liability
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of a person licensed under this Act, shall report to the
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Disciplinary Board the settlement of any claim or cause of
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action, or final judgment rendered in any cause of action,
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which alleged negligence in the furnishing of medical care
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by such licensed person when such settlement or final
|
judgment is in favor of the plaintiff.
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(4) State's Attorneys. The State's Attorney of each
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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.
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(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.
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(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 |
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reports shall contain the following
information:
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(1) The name, address and telephone number of the
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person making the report.
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(2) The name, address and telephone number of the
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person who is the subject of the report.
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(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.
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(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.
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(5) If court action is involved, the identity of the
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court in which the action is filed, along with the docket
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number and date of filing of the action.
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(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 |