(41) Repeated failure to adequately collaborate with a collaborating physician.
(42) Violating the Compassionate Use of Medical Cannabis Program Act.
(b) The Department may, without a hearing, refuse to issue or renew or may suspend 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 the 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.
(b-5) The Department shall not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a physician assistant based solely upon the
physician assistant providing, authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not unlawful
under the laws of this State,
regardless of whether the patient was a resident of this State
or another state.
(b-10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a physician assistant based upon the physician
assistant's license being revoked or suspended, or the
physician assistant being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the physician assistant
violating another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been unlawful under the laws of this State
and is consistent with the standards of conduct for a physician
assistant practicing in Illinois.
(b-15) The conduct specified in subsections (b-5) and (b-10)
shall not constitute grounds for suspension under Section
22.13.
(b-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having provided, authorized, recommended, aided,
assisted, referred for, or otherwise participated in health
care shall not be denied such licensure, certification, or
authorization, unless the Department determines that such action would have constituted professional misconduct in this
State; however, nothing in this Section shall be
construed as prohibiting the Department from evaluating the
conduct of such applicant and making a determination regarding
the licensure, certification, or authorization to practice a
profession under this Act.
(c) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission as provided in the Mental Health
and Developmental Disabilities Code operates as an automatic suspension.
The
suspension will end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission and issues an
order so finding and discharging the patient, and upon the
recommendation of
the Board to the Secretary
that the licensee be allowed to resume
his or her practice.
(d) In enforcing this Section, the Department upon a showing of a
possible
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, which may include a substance abuse or sexual offender evaluation, as required by and at the expense
of the Department.
The Department 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 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 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 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 Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed.
The Department may order the examining physician or any member of the multidisciplinary team to
present
testimony concerning the mental or physical examination of the licensee or
applicant. No information, report, record, or other documents in any way related to the examination shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee or applicant ordered to undergo an 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 this examination. However, that physician shall be present only to observe and may not interfere in any way with the examination.
Failure of an individual to submit to a mental
or
physical examination, when ordered, shall result in an automatic suspension of his or
her
license until the individual submits to the examination.
If the Department finds an individual unable to practice because of
the
reasons
set forth in this Section, the Department may require that individual
to submit
to
care, counseling, or treatment by physicians approved
or designated by the Department, as a condition, term, or restriction
for continued,
reinstated, or
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file
a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, reinstated, renewed, disciplined, or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
with
such terms, conditions, or restrictions, shall be referred to the Secretary
for
a
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Secretary
immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 30
days after the suspension and completed without
appreciable
delay.
The Department shall have the authority to review the subject
individual'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 and affected under this Section shall
be
afforded an opportunity to demonstrate to the Department that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(e) An individual or organization acting in good faith, and not in a willful and wanton manner, in complying with this Section by providing a report or other information to the Board, by assisting in the investigation or preparation of a report or information, by participating in proceedings of the Board, or by serving as a member of the Board, shall not be subject to criminal prosecution or civil damages as a result of such actions.
(f) Members of the Board shall be indemnified by the State for any actions occurring within the scope of services on the Board, done in good faith and not willful 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 willful and wanton.
If the Attorney General declines representation, the member has 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 willful and wanton.
The member must notify the Attorney General within 7 days after receipt of notice of the initiation of any action involving services of the Board. Failure to so notify the Attorney General constitutes 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.
(g) The Department may adopt rules to implement the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21; 102-1117, eff. 1-13-23.)
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