101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4696

 

Introduced 2/18/2020, by Rep. Anna Moeller - Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Medical Practice Act of 1987. Changes the name the Illinois State Medical Disciplinary Board to the Illinois State Medical Board, and changes the membership of the Board. Changes references to the Illinois State Medical Disciplinary Board and the Medical Licensing Board to the Illinois State Medical Board. Provides that the Secretary of Financial and Professional Regulation may take action contrary to the recommendation of the Illinois State Medical Board or order a rehearing of a formal disciplinary action if he or she is satisfied that substantial justice has not been done. Provides that the Department of Financial and Professional Regulation may close a complaint, after investigation and approval of the Chief Medical Coordinator, if certain standards are not met. Makes changes to provisions concerning definitions; the Complaint Committee; findings and recommendations; and administrative review. Repeals provisions concerning the Medical Licensing Board and withdrawal of applications. Replaces references to the Medical Disciplinary Board and the Medical Licensing Board. Makes other changes.


LRB101 16284 SPS 65657 b

 

 

A BILL FOR

 

HB4696LRB101 16284 SPS 65657 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Sections 2, 7, 7.5, 8.1, 9, 17, 18, 19, 21, 22, 23,
624, 25, 35, 36, 37, 38, 39, 40, 41, 42, and 47 as follows:
 
7    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 2. Definitions. For purposes of this Act, the
10following definitions shall have the following meanings,
11except where the context requires otherwise:
12    "Act" means the Medical Practice Act of 1987.
13    "Address of record" means the designated address recorded
14by the Department in the applicant's or licensee's application
15file or license file as maintained by the Department's
16licensure maintenance unit.
17    "Chiropractic physician" means a person licensed to treat
18human ailments without the use of drugs and without operative
19surgery. Nothing in this Act shall be construed to prohibit a
20chiropractic physician from providing advice regarding the use
21of non-prescription products or from administering atmospheric
22oxygen. Nothing in this Act shall be construed to authorize a
23chiropractic physician to prescribe drugs.

 

 

HB4696- 2 -LRB101 16284 SPS 65657 b

1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Disciplinary action" means revocation, suspension,
4probation, supervision, practice modification, reprimand,
5required education, fines or any other action taken by the
6Department against a person holding a license.
7    "Disciplinary Board" means the Medical Disciplinary Board.
8    "Email address of record" means the designated email
9address recorded by the Department in the applicant's
10application file or the licensee's license file, as maintained
11by the Department's licensure maintenance unit.
12    "Final determination" means the governing body's final
13action taken under the procedure followed by a health care
14institution, or professional association or society, against
15any person licensed under the Act in accordance with the bylaws
16or rules and regulations of such health care institution, or
17professional association or society.
18    "Fund" means the Illinois State Medical Disciplinary Fund.
19    "Impaired" means the inability to practice medicine with
20reasonable skill and safety due to physical or mental
21disabilities as evidenced by a written determination or written
22consent based on clinical evidence including deterioration
23through the aging process or loss of motor skill, or abuse of
24drugs or alcohol, of sufficient degree to diminish a person's
25ability to deliver competent patient care.
26    "Licensing Board" means the Medical Licensing Board.

 

 

HB4696- 3 -LRB101 16284 SPS 65657 b

1    "Medical Board" means the Illinois State Medical Board.
2    "Physician" means a person licensed under the Medical
3Practice Act to practice medicine in all of its branches or a
4chiropractic physician.
5    "Professional association" means an association or society
6of persons licensed under this Act, and operating within the
7State of Illinois, including but not limited to, medical
8societies, osteopathic organizations, and chiropractic
9organizations, but this term shall not be deemed to include
10hospital medical staffs.
11    "Program of care, counseling, or treatment" means a written
12schedule of organized treatment, care, counseling, activities,
13or education, satisfactory to the Medical Disciplinary Board,
14designed for the purpose of restoring an impaired person to a
15condition whereby the impaired person can practice medicine
16with reasonable skill and safety of a sufficient degree to
17deliver competent patient care.
18    "Reinstate" means to change the status of a license from
19inactive or nonrenewed status to active status.
20    "Restore" means to remove an encumbrance from a license due
21to probation, suspension, or revocation.
22    "Secretary" means the Secretary of the Department of
23Financial and Professional Regulation.
24(Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)
 
25    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)

 

 

HB4696- 4 -LRB101 16284 SPS 65657 b

1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 7. Medical Disciplinary Board.
3    (A) There is hereby created the Illinois State Medical
4Disciplinary Board. The Medical Disciplinary Board shall
5consist of 17 11 members, to be appointed by the Governor by
6and with the advice and consent of the Senate. All members
7shall be residents of the State, not more than 8 6 of whom
8shall be members of the same political party. All members shall
9be voting members. Eight Five members shall be physicians
10licensed to practice medicine in all of its branches in
11Illinois possessing the degree of doctor of medicine. Two
12members One member shall be physicians a physician licensed to
13practice medicine in all its branches in Illinois possessing
14the degree of doctor of osteopathy or osteopathic medicine. Two
15members One member shall be a chiropractic physicians physician
16licensed to practice in Illinois and possessing the degree of
17doctor of chiropractic. One member shall be a physician
18assistant licensed to practice in Illinois. Four members shall
19be members of the public, who shall not be engaged in any way,
20directly or indirectly, as providers of health care.
21    (B) Members of the Medical Disciplinary Board shall be
22appointed for terms of 4 years. Upon the expiration of the term
23of any member, their successor shall be appointed for a term of
244 years by the Governor by and with the advice and consent of
25the Senate. The Governor shall fill any vacancy for the
26remainder of the unexpired term with the advice and consent of

 

 

HB4696- 5 -LRB101 16284 SPS 65657 b

1the Senate. Upon recommendation of the Medical Board, any
2member of the Medical Disciplinary Board may be removed by the
3Governor for misfeasance, malfeasance, or willful wilful
4neglect of duty, after notice, and a public hearing, unless
5such notice and hearing shall be expressly waived in writing.
6Each member shall serve on the Medical Disciplinary Board until
7their successor is appointed and qualified. No member of the
8Medical Disciplinary Board shall serve more than 2 consecutive
94-year 4 year terms.
10    In making appointments the Governor shall attempt to insure
11that the various social and geographic regions of the State of
12Illinois are properly represented.
13    In making the designation of persons to act for the several
14professions represented on the Medical Disciplinary Board, the
15Governor shall give due consideration to recommendations by
16members of the respective professions and by organizations
17therein.
18    (C) The Medical Disciplinary Board shall annually elect one
19of its voting members as chairperson and one as vice
20chairperson. No officer shall be elected more than twice in
21succession to the same office. Each officer shall serve until
22their successor has been elected and qualified.
23    (D) (Blank).
24    (E) A majority of the Medical Board Members currently
25appointed Six voting members of the Disciplinary Board, at
26least 4 of whom are physicians, shall constitute a quorum. A

 

 

HB4696- 6 -LRB101 16284 SPS 65657 b

1vacancy in the membership of the Medical Disciplinary Board
2shall not impair the right of a quorum to exercise all the
3rights and perform all the duties of the Medical Disciplinary
4Board. Any action taken by the Medical Disciplinary Board under
5this Act may be authorized by resolution at any regular or
6special meeting and each such resolution shall take effect
7immediately. The Medical Disciplinary Board shall meet at least
8quarterly.
9    (F) Each member, and member-officer, of the Disciplinary
10Board shall receive a per diem stipend as the Secretary shall
11determine. Each member shall be paid their necessary expenses
12while engaged in the performance of their duties.
13    (G) The Secretary shall select a Chief Medical Coordinator
14and not less than 2 Deputy Medical Coordinators who shall not
15be members of the Medical Disciplinary Board. Each medical
16coordinator shall be a physician licensed to practice medicine
17in all of its branches, and the Secretary shall set their rates
18of compensation. The Secretary shall assign at least one
19medical coordinator to a region composed of Cook County and
20such other counties as the Secretary may deem appropriate, and
21such medical coordinator or coordinators shall locate their
22office in Chicago. The Secretary shall assign at least one
23medical coordinator to a region composed of the balance of
24counties in the State, and such medical coordinator or
25coordinators shall locate their office in Springfield. The
26Chief Medical Coordinator shall be the chief enforcement

 

 

HB4696- 7 -LRB101 16284 SPS 65657 b

1officer of this Act. None of the functions, powers, or duties
2of the Department with respect to policies regarding
3enforcement or discipline under this Act, including the
4adoption of such rules as may be necessary for the
5administration of this Act, shall be exercised by the
6Department except upon review of the Medical Disciplinary
7Board.
8    In all instances, under this Act, in which the Medical
9Board has rendered a recommendation to the Secretary with
10respect to a particular physician, the Secretary may take
11action contrary to the recommendation of the Medical Board.
12    Whenever the Secretary is satisfied that substantial
13justice has not been done in a formal disciplinary action, or
14refusal to restore a license, he or she may order a rehearing.
15    (G-5) The Secretary shall employ, in conformity with the
16Personnel Code, investigators who are college graduates with at
17least 2 years of investigative experience or one year of
18advanced medical education. Upon the written request of the
19Medical Disciplinary Board, the Secretary shall employ, in
20conformity with the Personnel Code, such other professional,
21technical, investigative, and clerical help, either on a full
22or part-time basis as the Medical Disciplinary Board deems
23necessary for the proper performance of its duties.
24    (H) Upon the specific request of the Medical Disciplinary
25Board, signed by either the chairperson, vice chairperson, or a
26medical coordinator of the Medical Disciplinary Board, the

 

 

HB4696- 8 -LRB101 16284 SPS 65657 b

1Department of Human Services, the Department of Healthcare and
2Family Services, the Department of State Police, or any other
3law enforcement agency located in this State shall make
4available any and all information that they have in their
5possession regarding a particular case then under
6investigation by the Medical Disciplinary Board.
7    (I) Members of the Medical Disciplinary Board shall be
8immune from suit in any action based upon any disciplinary
9proceedings or other acts performed in good faith as members of
10the Medical Disciplinary Board.
11    (J) The Medical Disciplinary Board may compile and
12establish a statewide roster of physicians and other medical
13professionals, including the several medical specialties, of
14such physicians and medical professionals, who have agreed to
15serve from time to time as advisors to the medical
16coordinators. Such advisors shall assist the medical
17coordinators or the Medical Disciplinary Board in their
18investigations and participation in complaints against
19physicians. Such advisors shall serve under contract and shall
20be reimbursed at a reasonable rate for the services provided,
21plus reasonable expenses incurred. While serving in this
22capacity, the advisor, for any act undertaken in good faith and
23in the conduct of his or her duties under this Section, shall
24be immune from civil suit.
25(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 

 

 

HB4696- 9 -LRB101 16284 SPS 65657 b

1    (225 ILCS 60/7.5)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 7.5. Complaint Committee.
4    (a) There shall be a Complaint Committee of the Medical
5Disciplinary Board composed of at least one of the medical
6coordinators established by subsection (G) of Section 7 of this
7Act, the Chief of Medical Investigations (person employed by
8the Department who is in charge of investigating complaints
9against physicians and physician assistants), the Chief of
10Medical Prosecutions (the person employed by the Department who
11is in charge of prosecuting formal complaints against
12physicians and physician assistants), and at least 3 members of
13the Medical Disciplinary Board (at least 2 of whom shall be
14physicians) designated by the Chairperson of the Medical
15Disciplinary Board with the approval of the Medical
16Disciplinary Board.
17    (b) The Complaint Committee shall meet at least twice a
18month to exercise its functions and duties set forth in
19subsection (c) below. At least 2 members of the Medical
20Disciplinary Board shall be in attendance in order for any
21business to be transacted by the Complaint Committee. The
22Complaint Committee shall make every effort to consider
23expeditiously and take prompt action on each item on its
24agenda.
25    (c) The Complaint Committee shall have the following duties
26and functions:

 

 

HB4696- 10 -LRB101 16284 SPS 65657 b

1        (1) To recommend to the Medical Disciplinary Board that
2    a complaint file be closed.
3        (2) To refer a complaint file to the office of the
4    Chief of Medical Prosecutions for review.
5        (3) To make a decision in conjunction with the Chief of
6    Medical Prosecutions regarding action to be taken on a
7    complaint file.
8    (d) In determining what action to take or whether to
9proceed with prosecution of a complaint, the Complaint
10Committee shall consider, but not be limited to, the following
11factors: sufficiency of the evidence presented, prosecutorial
12merit under Section 22 of this Act, any recommendation made by
13the Department, and insufficient cooperation from complaining
14parties.
15    (e) Notwithstanding any provision of this Act, the
16Department may close a complaint after investigation and
17approval of the Chief Medical Coordinator without review of the
18Complaint Committee if:
19        (1) the allegations of the complaint, if proven, would
20    not constitute a violation of this Act;
21        (2) there is insufficient evidence to prove a violation
22    of this Act; or
23        (3) there is insufficient cooperation from complaining
24    parties as determined by the Department.
25(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 

 

 

HB4696- 11 -LRB101 16284 SPS 65657 b

1    (225 ILCS 60/8.1)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 8.1. Matters concerning advanced practice registered
4nurses. Any proposed rules, amendments, second notice
5materials and adopted rule or amendment materials, and policy
6statements concerning advanced practice registered nurses
7shall be presented to the Medical Licensing Board for review
8and comment. The recommendations of both the Board of Nursing
9and the Medical Licensing Board shall be presented to the
10Secretary for consideration in making final decisions.
11Whenever the Board of Nursing and the Medical Licensing Board
12disagree on a proposed rule or policy, the Secretary shall
13convene a joint meeting of the officers of each Board to
14discuss the resolution of any such disagreements.
15(Source: P.A. 100-513, eff. 1-1-18.)
 
16    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 9. Application for license. Each applicant for a
19license shall:
20        (A) Make application on blank forms prepared and
21    furnished by the Department.
22        (B) Submit evidence satisfactory to the Department
23    that the applicant:
24            (1) is of good moral character. In determining
25        moral character under this Section, the Department may

 

 

HB4696- 12 -LRB101 16284 SPS 65657 b

1        take into consideration whether the applicant has
2        engaged in conduct or activities which would
3        constitute grounds for discipline under this Act. The
4        Department may also request the applicant to submit,
5        and may consider as evidence of moral character,
6        endorsements from 2 or 3 individuals licensed under
7        this Act;
8            (2) has the preliminary and professional education
9        required by this Act;
10            (3) (blank); and
11            (4) is physically, mentally, and professionally
12        capable of practicing medicine with reasonable
13        judgment, skill, and safety. In determining physical
14        and mental capacity under this Section, the Medical
15        Licensing Board may, upon a showing of a possible
16        incapacity or conduct or activities that would
17        constitute grounds for discipline under this Act,
18        compel any applicant to submit to a mental or physical
19        examination and evaluation, or both, as provided for in
20        Section 22 of this Act. The Medical Licensing Board may
21        condition or restrict any license, subject to the same
22        terms and conditions as are provided for the Medical
23        Disciplinary Board under Section 22 of this Act. Any
24        such condition of a restricted license shall provide
25        that the Chief Medical Coordinator or Deputy Medical
26        Coordinator shall have the authority to review the

 

 

HB4696- 13 -LRB101 16284 SPS 65657 b

1        subject physician's compliance with such conditions or
2        restrictions, including, where appropriate, the
3        physician's record of treatment and counseling
4        regarding the impairment, to the extent permitted by
5        applicable federal statutes and regulations
6        safeguarding the confidentiality of medical records of
7        patients.
8        In determining professional capacity under this
9    Section, an individual may be required to complete such
10    additional testing, training, or remedial education as the
11    Medical Licensing Board may deem necessary in order to
12    establish the applicant's present capacity to practice
13    medicine with reasonable judgment, skill, and safety. The
14    Medical Licensing Board may consider the following
15    criteria, as they relate to an applicant, as part of its
16    determination of professional capacity:
17            (1) Medical research in an established research
18        facility, hospital, college or university, or private
19        corporation.
20            (2) Specialized training or education.
21            (3) Publication of original work in learned,
22        medical, or scientific journals.
23            (4) Participation in federal, State, local, or
24        international public health programs or organizations.
25            (5) Professional service in a federal veterans or
26        military institution.

 

 

HB4696- 14 -LRB101 16284 SPS 65657 b

1            (6) Any other professional activities deemed to
2        maintain and enhance the clinical capabilities of the
3        applicant.
4        Any applicant applying for a license to practice
5    medicine in all of its branches or for a license as a
6    chiropractic physician who has not been engaged in the
7    active practice of medicine or has not been enrolled in a
8    medical program for 2 years prior to application must
9    submit proof of professional capacity to the Medical
10    Licensing Board.
11        Any applicant applying for a temporary license that has
12    not been engaged in the active practice of medicine or has
13    not been enrolled in a medical program for longer than 5
14    years prior to application must submit proof of
15    professional capacity to the Medical Licensing Board.
16        (C) Designate specifically the name, location, and
17    kind of professional school, college, or institution of
18    which the applicant is a graduate and the category under
19    which the applicant seeks, and will undertake, to practice.
20        (D) Pay to the Department at the time of application
21    the required fees.
22        (E) Pursuant to Department rules, as required, pass an
23    examination authorized by the Department to determine the
24    applicant's fitness to receive a license.
25        (F) Complete the application process within 3 years
26    from the date of application. If the process has not been

 

 

HB4696- 15 -LRB101 16284 SPS 65657 b

1    completed within 3 years, the application shall expire,
2    application fees shall be forfeited, and the applicant must
3    reapply and meet the requirements in effect at the time of
4    reapplication.
5(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
6    (225 ILCS 60/17)  (from Ch. 111, par. 4400-17)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 17. Temporary license. Persons holding the degree of
9Doctor of Medicine, persons holding the degree of Doctor of
10Osteopathy or Doctor of Osteopathic Medicine, and persons
11holding the degree of Doctor of Chiropractic or persons who
12have satisfied the requirements therefor and are eligible to
13receive such degree from a medical, osteopathic, or
14chiropractic school, who wish to pursue programs of graduate or
15specialty training in this State, may receive without
16examination, in the discretion of the Department, a 3-year
17temporary license. In order to receive a 3-year temporary
18license hereunder, an applicant shall submit evidence
19satisfactory to the Department that the applicant:
20        (A) Is of good moral character. In determining moral
21    character under this Section, the Department may take into
22    consideration whether the applicant has engaged in conduct
23    or activities which would constitute grounds for
24    discipline under this Act. The Department may also request
25    the applicant to submit, and may consider as evidence of

 

 

HB4696- 16 -LRB101 16284 SPS 65657 b

1    moral character, endorsements from 2 or 3 individuals
2    licensed under this Act;
3        (B) Has been accepted or appointed for specialty or
4    residency training by a hospital situated in this State or
5    a training program in hospitals or facilities maintained by
6    the State of Illinois or affiliated training facilities
7    which is approved by the Department for the purpose of such
8    training under this Act. The applicant shall indicate the
9    beginning and ending dates of the period for which the
10    applicant has been accepted or appointed;
11        (C) Has or will satisfy the professional education
12    requirements of Section 11 of this Act which are effective
13    at the date of application except for postgraduate clinical
14    training;
15        (D) Is physically, mentally, and professionally
16    capable of practicing medicine or treating human ailments
17    without the use of drugs and without operative surgery with
18    reasonable judgment, skill, and safety. In determining
19    physical, mental and professional capacity under this
20    Section, the Medical Licensing Board may, upon a showing of
21    a possible incapacity, compel an applicant to submit to a
22    mental or physical examination and evaluation, or both, and
23    may condition or restrict any temporary license, subject to
24    the same terms and conditions as are provided for the
25    Medical Disciplinary Board under Section 22 of this Act.
26    Any such condition of restricted temporary license shall

 

 

HB4696- 17 -LRB101 16284 SPS 65657 b

1    provide that the Chief Medical Coordinator or Deputy
2    Medical Coordinator shall have the authority to review the
3    subject physician's compliance with such conditions or
4    restrictions, including, where appropriate, the
5    physician's record of treatment and counseling regarding
6    the impairment, to the extent permitted by applicable
7    federal statutes and regulations safeguarding the
8    confidentiality of medical records of patients.
9    Three-year temporary licenses issued pursuant to this
10Section shall be valid only for the period of time designated
11therein, and may be extended or renewed pursuant to the rules
12of the Department, and if a temporary license is thereafter
13extended, it shall not extend beyond completion of the
14residency program. The holder of a valid 3-year temporary
15license shall be entitled thereby to perform only such acts as
16may be prescribed by and incidental to his or her program of
17residency training; he or she shall not be entitled to
18otherwise engage in the practice of medicine in this State
19unless fully licensed in this State.
20    A 3-year temporary license may be revoked or suspended by
21the Department upon proof that the holder thereof has engaged
22in the practice of medicine in this State outside of the
23program of his or her residency or specialty training, or if
24the holder shall fail to supply the Department, within 10 days
25of its request, with information as to his or her current
26status and activities in his or her specialty training program.

 

 

HB4696- 18 -LRB101 16284 SPS 65657 b

1Such a revocation or suspension shall comply with the
2procedures set forth in subsection (d) of Section 37 of this
3Act.
4(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
5    (225 ILCS 60/18)  (from Ch. 111, par. 4400-18)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 18. Visiting professor, physician, or resident
8permits.
9    (A) Visiting professor permit.
10        (1) A visiting professor permit shall entitle a person
11    to practice medicine in all of its branches or to practice
12    the treatment of human ailments without the use of drugs
13    and without operative surgery provided:
14            (a) the person maintains an equivalent
15        authorization to practice medicine in all of its
16        branches or to practice the treatment of human ailments
17        without the use of drugs and without operative surgery
18        in good standing in his or her native licensing
19        jurisdiction during the period of the visiting
20        professor permit;
21            (b) the person has received a faculty appointment
22        to teach in a medical, osteopathic or chiropractic
23        school in Illinois; and
24            (c) the Department may prescribe the information
25        necessary to establish an applicant's eligibility for

 

 

HB4696- 19 -LRB101 16284 SPS 65657 b

1        a permit. This information shall include without
2        limitation (i) a statement from the dean of the medical
3        school at which the applicant will be employed
4        describing the applicant's qualifications and (ii) a
5        statement from the dean of the medical school listing
6        every affiliated institution in which the applicant
7        will be providing instruction as part of the medical
8        school's education program and justifying any clinical
9        activities at each of the institutions listed by the
10        dean.
11        (2) Application for visiting professor permits shall
12    be made to the Department, in writing, on forms prescribed
13    by the Department and shall be accompanied by the required
14    fee established by rule, which shall not be refundable. Any
15    application shall require the information as, in the
16    judgment of the Department, will enable the Department to
17    pass on the qualifications of the applicant.
18        (3) A visiting professor permit shall be valid for no
19    longer than 2 years from the date of issuance or until the
20    time the faculty appointment is terminated, whichever
21    occurs first, and may be renewed only in accordance with
22    subdivision (A)(6) of this Section.
23        (4) The applicant may be required to appear before the
24    Medical Licensing Board for an interview prior to, and as a
25    requirement for, the issuance of the original permit and
26    the renewal.

 

 

HB4696- 20 -LRB101 16284 SPS 65657 b

1        (5) Persons holding a permit under this Section shall
2    only practice medicine in all of its branches or practice
3    the treatment of human ailments without the use of drugs
4    and without operative surgery in the State of Illinois in
5    their official capacity under their contract within the
6    medical school itself and any affiliated institution in
7    which the permit holder is providing instruction as part of
8    the medical school's educational program and for which the
9    medical school has assumed direct responsibility.
10        (6) After the initial renewal of a visiting professor
11    permit, a visiting professor permit shall be valid until
12    the last day of the next physician license renewal period,
13    as set by rule, and may only be renewed for applicants who
14    meet the following requirements:
15            (i) have obtained the required continuing
16        education hours as set by rule; and
17            (ii) have paid the fee prescribed for a license
18        under Section 21 of this Act.
19    For initial renewal, the visiting professor must
20successfully pass a general competency examination authorized
21by the Department by rule, unless he or she was issued an
22initial visiting professor permit on or after January 1, 2007,
23but prior to July 1, 2007.
 
24    (B) Visiting physician permit.
25        (1) The Department may, in its discretion, issue a

 

 

HB4696- 21 -LRB101 16284 SPS 65657 b

1    temporary visiting physician permit, without examination,
2    provided:
3            (a) (blank);
4            (b) that the person maintains an equivalent
5        authorization to practice medicine in all of its
6        branches or to practice the treatment of human ailments
7        without the use of drugs and without operative surgery
8        in good standing in his or her native licensing
9        jurisdiction during the period of the temporary
10        visiting physician permit;
11            (c) that the person has received an invitation or
12        appointment to study, demonstrate, or perform a
13        specific medical, osteopathic, chiropractic or
14        clinical subject or technique in a medical,
15        osteopathic, or chiropractic school, a state or
16        national medical, osteopathic, or chiropractic
17        professional association or society conference or
18        meeting, a hospital licensed under the Hospital
19        Licensing Act, a hospital organized under the
20        University of Illinois Hospital Act, or a facility
21        operated pursuant to the Ambulatory Surgical Treatment
22        Center Act; and
23            (d) that the temporary visiting physician permit
24        shall only permit the holder to practice medicine in
25        all of its branches or practice the treatment of human
26        ailments without the use of drugs and without operative

 

 

HB4696- 22 -LRB101 16284 SPS 65657 b

1        surgery within the scope of the medical, osteopathic,
2        chiropractic, or clinical studies, or in conjunction
3        with the state or national medical, osteopathic, or
4        chiropractic professional association or society
5        conference or meeting, for which the holder was invited
6        or appointed.
7        (2) The application for the temporary visiting
8    physician permit shall be made to the Department, in
9    writing, on forms prescribed by the Department, and shall
10    be accompanied by the required fee established by rule,
11    which shall not be refundable. The application shall
12    require information that, in the judgment of the
13    Department, will enable the Department to pass on the
14    qualification of the applicant, and the necessity for the
15    granting of a temporary visiting physician permit.
16        (3) A temporary visiting physician permit shall be
17    valid for no longer than (i) 180 days from the date of
18    issuance or (ii) until the time the medical, osteopathic,
19    chiropractic, or clinical studies are completed, or the
20    state or national medical, osteopathic, or chiropractic
21    professional association or society conference or meeting
22    has concluded, whichever occurs first. The temporary
23    visiting physician permit may be issued multiple times to a
24    visiting physician under this paragraph (3) as long as the
25    total number of days it is active do not exceed 180 days
26    within a 365-day period.

 

 

HB4696- 23 -LRB101 16284 SPS 65657 b

1        (4) The applicant for a temporary visiting physician
2    permit may be required to appear before the Medical
3    Licensing Board for an interview prior to, and as a
4    requirement for, the issuance of a temporary visiting
5    physician permit.
6        (5) A limited temporary visiting physician permit
7    shall be issued to a physician licensed in another state
8    who has been requested to perform emergency procedures in
9    Illinois if he or she meets the requirements as established
10    by rule.
 
11    (C) Visiting resident permit.
12        (1) The Department may, in its discretion, issue a
13    temporary visiting resident permit, without examination,
14    provided:
15            (a) (blank);
16            (b) that the person maintains an equivalent
17        authorization to practice medicine in all of its
18        branches or to practice the treatment of human ailments
19        without the use of drugs and without operative surgery
20        in good standing in his or her native licensing
21        jurisdiction during the period of the temporary
22        visiting resident permit;
23            (c) that the applicant is enrolled in a
24        postgraduate clinical training program outside the
25        State of Illinois that is approved by the Department;

 

 

HB4696- 24 -LRB101 16284 SPS 65657 b

1            (d) that the individual has been invited or
2        appointed for a specific period of time to perform a
3        portion of that post graduate clinical training
4        program under the supervision of an Illinois licensed
5        physician in an Illinois patient care clinic or
6        facility that is affiliated with the out-of-State post
7        graduate training program; and
8            (e) that the temporary visiting resident permit
9        shall only permit the holder to practice medicine in
10        all of its branches or practice the treatment of human
11        ailments without the use of drugs and without operative
12        surgery within the scope of the medical, osteopathic,
13        chiropractic or clinical studies for which the holder
14        was invited or appointed.
15        (2) The application for the temporary visiting
16    resident permit shall be made to the Department, in
17    writing, on forms prescribed by the Department, and shall
18    be accompanied by the required fee established by rule. The
19    application shall require information that, in the
20    judgment of the Department, will enable the Department to
21    pass on the qualifications of the applicant.
22        (3) A temporary visiting resident permit shall be valid
23    for 180 days from the date of issuance or until the time
24    the medical, osteopathic, chiropractic, or clinical
25    studies are completed, whichever occurs first.
26        (4) The applicant for a temporary visiting resident

 

 

HB4696- 25 -LRB101 16284 SPS 65657 b

1    permit may be required to appear before the Medical
2    Licensing Board for an interview prior to, and as a
3    requirement for, the issuance of a temporary visiting
4    resident permit.
5(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
6    (225 ILCS 60/19)  (from Ch. 111, par. 4400-19)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 19. Licensure by endorsement. The Department may, in
9its discretion, issue a license by endorsement to any person
10who is currently licensed to practice medicine in all of its
11branches, or a chiropractic physician, in any other state,
12territory, country or province, upon the following conditions
13and submitting evidence satisfactory to the Department of the
14following:
15        (A) (Blank);
16        (B) That the applicant is of good moral character. In
17    determining moral character under this Section, the
18    Department may take into consideration whether the
19    applicant has engaged in conduct or activities which would
20    constitute grounds for discipline under this Act. The
21    Department may also request the applicant to submit, and
22    may consider as evidence of moral character, endorsements
23    from 2 or 3 individuals licensed under this Act;
24        (C) That the applicant is physically, mentally and
25    professionally capable of practicing medicine with

 

 

HB4696- 26 -LRB101 16284 SPS 65657 b

1    reasonable judgment, skill and safety. In determining
2    physical, mental and professional capacity under this
3    Section the Medical Licensing Board may, upon a showing of
4    a possible incapacity, compel an applicant to submit to a
5    mental or physical examination and evaluation, or both, in
6    the same manner as provided in Section 22 and may condition
7    or restrict any license, subject to the same terms and
8    conditions as are provided for the Medical Disciplinary
9    Board under Section 22 of this Act.
10        (D) That if the applicant seeks to practice medicine in
11    all of its branches:
12            (1) if the applicant was licensed in another
13        jurisdiction prior to January 1, 1988, that the
14        applicant has satisfied the educational requirements
15        of paragraph (1) of subsection (A) or paragraph (2) of
16        subsection (A) of Section 11 of this Act; or
17            (2) if the applicant was licensed in another
18        jurisdiction after December 31, 1987, that the
19        applicant has satisfied the educational requirements
20        of paragraph (A)(2) of Section 11 of this Act; and
21            (3) the requirements for a license to practice
22        medicine in all of its branches in the particular
23        state, territory, country or province in which the
24        applicant is licensed are deemed by the Department to
25        have been substantially equivalent to the requirements
26        for a license to practice medicine in all of its

 

 

HB4696- 27 -LRB101 16284 SPS 65657 b

1        branches in force in this State at the date of the
2        applicant's license;
3        (E) That if the applicant seeks to treat human ailments
4    without the use of drugs and without operative surgery:
5            (1) the applicant is a graduate of a chiropractic
6        school or college approved by the Department at the
7        time of their graduation;
8            (2) the requirements for the applicant's license
9        to practice the treatment of human ailments without the
10        use of drugs are deemed by the Department to have been
11        substantially equivalent to the requirements for a
12        license to practice in this State at the date of the
13        applicant's license;
14        (F) That the Department may, in its discretion, issue a
15    license by endorsement to any graduate of a medical or
16    osteopathic college, reputable and in good standing in the
17    judgment of the Department, who has passed an examination
18    for admission to the United States Public Health Service,
19    or who has passed any other examination deemed by the
20    Department to have been at least equal in all substantial
21    respects to the examination required for admission to any
22    such medical corps;
23        (G) That applications for licenses by endorsement
24    shall be filed with the Department, under oath, on forms
25    prepared and furnished by the Department, and shall set
26    forth, and applicants therefor shall supply such

 

 

HB4696- 28 -LRB101 16284 SPS 65657 b

1    information respecting the life, education, professional
2    practice, and moral character of applicants as the
3    Department may require to be filed for its use;
4        (H) That the applicant undergo the criminal background
5    check established under Section 9.7 of this Act.
6    In the exercise of its discretion under this Section, the
7Department is empowered to consider and evaluate each applicant
8on an individual basis. It may take into account, among other
9things: the extent to which the applicant will bring unique
10experience and skills to the State of Illinois or the extent to
11which there is or is not available to the Department authentic
12and definitive information concerning the quality of medical
13education and clinical training which the applicant has had.
14Under no circumstances shall a license be issued under the
15provisions of this Section to any person who has previously
16taken and failed the written examination conducted by the
17Department for such license. In the exercise of its discretion
18under this Section, the Department may require an applicant to
19successfully complete an examination as recommended by the
20Medical Licensing Board. The Department may also request the
21applicant to submit, and may consider as evidence of moral
22character, evidence from 2 or 3 individuals licensed under this
23Act. Applicants have 3 years from the date of application to
24complete the application process. If the process has not been
25completed within 3 years, the application shall be denied, the
26fees shall be forfeited, and the applicant must reapply and

 

 

HB4696- 29 -LRB101 16284 SPS 65657 b

1meet the requirements in effect at the time of reapplication.
2(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
3    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 21. License renewal; reinstatement; inactive status;
6disposition and collection of fees.
7    (A) Renewal. The expiration date and renewal period for
8each license issued under this Act shall be set by rule. The
9holder of a license may renew the license by paying the
10required fee. The holder of a license may also renew the
11license within 90 days after its expiration by complying with
12the requirements for renewal and payment of an additional fee.
13A license renewal within 90 days after expiration shall be
14effective retroactively to the expiration date.
15    The Department shall attempt to provide through electronic
16means to each licensee under this Act, at least 60 days in
17advance of the expiration date of his or her license, a renewal
18notice. No such license shall be deemed to have lapsed until 90
19days after the expiration date and after the Department has
20attempted to provide such notice as herein provided.
21    (B) Reinstatement. Any licensee who has permitted his or
22her license to lapse or who has had his or her license on
23inactive status may have his or her license reinstated by
24making application to the Department and filing proof
25acceptable to the Department of his or her fitness to have the

 

 

HB4696- 30 -LRB101 16284 SPS 65657 b

1license reinstated, including evidence certifying to active
2practice in another jurisdiction satisfactory to the
3Department, proof of meeting the continuing education
4requirements for one renewal period, and by paying the required
5reinstatement fee.
6    If the licensee has not maintained an active practice in
7another jurisdiction satisfactory to the Department, the
8Medical Licensing Board shall determine, by an evaluation
9program established by rule, the applicant's fitness to resume
10active status and may require the licensee to complete a period
11of evaluated clinical experience and may require successful
12completion of a practical examination specified by the Medical
13Licensing Board.
14    However, any registrant whose license has expired while he
15or she has been engaged (a) in Federal Service on active duty
16with the Army of the United States, the United States Navy, the
17Marine Corps, the Air Force, the Coast Guard, the Public Health
18Service or the State Militia called into the service or
19training of the United States of America, or (b) in training or
20education under the supervision of the United States
21preliminary to induction into the military service, may have
22his or her license reinstated without paying any lapsed renewal
23fees, if within 2 years after honorable termination of such
24service, training, or education, he or she furnishes to the
25Department with satisfactory evidence to the effect that he or
26she has been so engaged and that his or her service, training,

 

 

HB4696- 31 -LRB101 16284 SPS 65657 b

1or education has been so terminated.
2    (C) Inactive licenses. Any licensee who notifies the
3Department, in writing on forms prescribed by the Department,
4may elect to place his or her license on an inactive status and
5shall, subject to rules of the Department, be excused from
6payment of renewal fees until he or she notifies the Department
7in writing of his or her desire to resume active status.
8    Any licensee requesting reinstatement from inactive status
9shall be required to pay the current renewal fee, provide proof
10of meeting the continuing education requirements for the period
11of time the license is inactive not to exceed one renewal
12period, and shall be required to reinstate his or her license
13as provided in subsection (B).
14    Any licensee whose license is in an inactive status shall
15not practice in the State of Illinois.
16    (D) Disposition of monies collected. All monies collected
17under this Act by the Department shall be deposited in the
18Illinois State Medical Disciplinary Fund in the State Treasury,
19and used only for the following purposes: (a) by the Medical
20Disciplinary Board and Licensing Board in the exercise of its
21powers and performance of its duties, as such use is made by
22the Department with full consideration of all recommendations
23of the Medical Disciplinary Board and Licensing Board, (b) for
24costs directly related to persons licensed under this Act, and
25(c) for direct and allocable indirect costs related to the
26public purposes of the Department.

 

 

HB4696- 32 -LRB101 16284 SPS 65657 b

1    Moneys in the Fund may be transferred to the Professions
2Indirect Cost Fund as authorized under Section 2105-300 of the
3Department of Professional Regulation Law of the Civil
4Administrative Code of Illinois.
5    All earnings received from investment of monies in the
6Illinois State Medical Disciplinary Fund shall be deposited in
7the Illinois State Medical Disciplinary Fund and shall be used
8for the same purposes as fees deposited in such Fund.
9    (E) Fees. The following fees are nonrefundable.
10        (1) Applicants for any examination shall be required to
11    pay, either to the Department or to the designated testing
12    service, a fee covering the cost of determining the
13    applicant's eligibility and providing the examination.
14    Failure to appear for the examination on the scheduled
15    date, at the time and place specified, after the
16    applicant's application for examination has been received
17    and acknowledged by the Department or the designated
18    testing service, shall result in the forfeiture of the
19    examination fee.
20        (2) Before July 1, 2018, the fee for a license under
21    Section 9 of this Act is $700. Beginning on July 1, 2018,
22    the fee for a license under Section 9 of this Act is $500.
23        (3) Before July 1, 2018, the fee for a license under
24    Section 19 of this Act is $700. Beginning on July 1, 2018,
25    the fee for a license under Section 19 of this Act is $500.
26        (4) Before July 1, 2018, the fee for the renewal of a

 

 

HB4696- 33 -LRB101 16284 SPS 65657 b

1    license for a resident of Illinois shall be calculated at
2    the rate of $230 per year, and beginning on July 1, 2018
3    and until January 1, 2020, the fee for the renewal of a
4    license shall be $167, except for licensees who were issued
5    a license within 12 months of the expiration date of the
6    license, before July 1, 2018, the fee for the renewal shall
7    be $230, and beginning on July 1, 2018 and until January 1,
8    2020 that fee will be $167. Before July 1, 2018, the fee
9    for the renewal of a license for a nonresident shall be
10    calculated at the rate of $460 per year, and beginning on
11    July 1, 2018 and until January 1, 2020, the fee for the
12    renewal of a license for a nonresident shall be $250,
13    except for licensees who were issued a license within 12
14    months of the expiration date of the license, before July
15    1, 2018, the fee for the renewal shall be $460, and
16    beginning on July 1, 2018 and until January 1, 2020 that
17    fee will be $250. Beginning on January 1, 2020, the fee for
18    renewal of a license for a resident or nonresident is $181
19    per year.
20        (5) The fee for the reinstatement of a license other
21    than from inactive status, is $230. In addition, payment of
22    all lapsed renewal fees not to exceed $1,400 is required.
23        (6) The fee for a 3-year temporary license under
24    Section 17 is $230.
25        (7) The fee for the issuance of a license with a change
26    of name or address other than during the renewal period is

 

 

HB4696- 34 -LRB101 16284 SPS 65657 b

1    $20. No fee is required for name and address changes on
2    Department records when no updated license is issued.
3        (8) The fee to be paid for a license record for any
4    purpose is $20.
5        (9) The fee to be paid to have the scoring of an
6    examination, administered by the Department, reviewed and
7    verified, is $20 plus any fees charged by the applicable
8    testing service.
9    (F) Any person who delivers a check or other payment to the
10Department that is returned to the Department unpaid by the
11financial institution upon which it is drawn shall pay to the
12Department, in addition to the amount already owed to the
13Department, a fine of $50. The fines imposed by this Section
14are in addition to any other discipline provided under this Act
15for unlicensed practice or practice on a nonrenewed license.
16The Department shall notify the person that payment of fees and
17fines shall be paid to the Department by certified check or
18money order within 30 calendar days of the notification. If,
19after the expiration of 30 days from the date of the
20notification, the person has failed to submit the necessary
21remittance, the Department shall automatically terminate the
22license or permit or deny the application, without hearing. If,
23after termination or denial, the person seeks a license or
24permit, he or she shall apply to the Department for
25reinstatement or issuance of the license or permit and pay all
26fees and fines due to the Department. The Department may

 

 

HB4696- 35 -LRB101 16284 SPS 65657 b

1establish a fee for the processing of an application for
2reinstatement of a license or permit to pay all expenses of
3processing this application. The Secretary may waive the fines
4due under this Section in individual cases where the Secretary
5finds that the fines would be unreasonable or unnecessarily
6burdensome.
7(Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)
 
8    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 22. Disciplinary action.
11    (A) The Department may revoke, suspend, place on probation,
12reprimand, refuse to issue or renew, or take any other
13disciplinary or non-disciplinary action as the Department may
14deem proper with regard to the license or permit of any person
15issued under this Act, including imposing fines not to exceed
16$10,000 for each violation, upon any of the following grounds:
17        (1) (Blank).
18        (2) (Blank).
19        (3) A plea of guilty or nolo contendere, finding of
20    guilt, jury verdict, or entry of judgment or sentencing,
21    including, but not limited to, convictions, preceding
22    sentences of supervision, conditional discharge, or first
23    offender probation, under the laws of any jurisdiction of
24    the United States of any crime that is a felony.
25        (4) Gross negligence in practice under this Act.

 

 

HB4696- 36 -LRB101 16284 SPS 65657 b

1        (5) Engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud or harm the public.
4        (6) Obtaining any fee by fraud, deceit, or
5    misrepresentation.
6        (7) Habitual or excessive use or abuse of drugs defined
7    in law as controlled substances, of alcohol, or of any
8    other substances which results in the inability to practice
9    with reasonable judgment, skill, or safety.
10        (8) Practicing under a false or, except as provided by
11    law, an assumed name.
12        (9) Fraud or misrepresentation in applying for, or
13    procuring, a license under this Act or in connection with
14    applying for renewal of a license under this Act.
15        (10) Making a false or misleading statement regarding
16    their skill or the efficacy or value of the medicine,
17    treatment, or remedy prescribed by them at their direction
18    in the treatment of any disease or other condition of the
19    body or mind.
20        (11) Allowing another person or organization to use
21    their license, procured under this Act, to practice.
22        (12) Adverse action taken by another state or
23    jurisdiction against a license or other authorization to
24    practice as a medical doctor, doctor of osteopathy, doctor
25    of osteopathic medicine or doctor of chiropractic, a
26    certified copy of the record of the action taken by the

 

 

HB4696- 37 -LRB101 16284 SPS 65657 b

1    other state or jurisdiction being prima facie evidence
2    thereof. This includes any adverse action taken by a State
3    or federal agency that prohibits a medical doctor, doctor
4    of osteopathy, doctor of osteopathic medicine, or doctor of
5    chiropractic from providing services to the agency's
6    participants.
7        (13) Violation of any provision of this Act or of the
8    Medical Practice Act prior to the repeal of that Act, or
9    violation of the rules, or a final administrative action of
10    the Secretary, after consideration of the recommendation
11    of the Medical Disciplinary Board.
12        (14) Violation of the prohibition against fee
13    splitting in Section 22.2 of this Act.
14        (15) A finding by the Medical Disciplinary Board that
15    the registrant after having his or her license placed on
16    probationary status or subjected to conditions or
17    restrictions violated the terms of the probation or failed
18    to comply with such terms or conditions.
19        (16) Abandonment of a patient.
20        (17) Prescribing, selling, administering,
21    distributing, giving, or self-administering any drug
22    classified as a controlled substance (designated product)
23    or narcotic for other than medically accepted therapeutic
24    purposes.
25        (18) Promotion of the sale of drugs, devices,
26    appliances, or goods provided for a patient in such manner

 

 

HB4696- 38 -LRB101 16284 SPS 65657 b

1    as to exploit the patient for financial gain of the
2    physician.
3        (19) Offering, undertaking, or agreeing to cure or
4    treat disease by a secret method, procedure, treatment, or
5    medicine, or the treating, operating, or prescribing for
6    any human condition by a method, means, or procedure which
7    the licensee refuses to divulge upon demand of the
8    Department.
9        (20) Immoral conduct in the commission of any act
10    including, but not limited to, commission of an act of
11    sexual misconduct related to the licensee's practice.
12        (21) Willfully making or filing false records or
13    reports in his or her practice as a physician, including,
14    but not limited to, false records to support claims against
15    the medical assistance program of the Department of
16    Healthcare and Family Services (formerly Department of
17    Public Aid) under the Illinois Public Aid Code.
18        (22) Willful omission to file or record, or willfully
19    impeding the filing or recording, or inducing another
20    person to omit to file or record, medical reports as
21    required by law, or willfully failing to report an instance
22    of suspected abuse or neglect as required by law.
23        (23) Being named as a perpetrator in an indicated
24    report by the Department of Children and Family Services
25    under the Abused and Neglected Child Reporting Act, and
26    upon proof by clear and convincing evidence that the

 

 

HB4696- 39 -LRB101 16284 SPS 65657 b

1    licensee has caused a child to be an abused child or
2    neglected child as defined in the Abused and Neglected
3    Child Reporting Act.
4        (24) Solicitation of professional patronage by any
5    corporation, agents or persons, or profiting from those
6    representing themselves to be agents of the licensee.
7        (25) Gross and willful and continued overcharging for
8    professional services, including filing false statements
9    for collection of fees for which services are not rendered,
10    including, but not limited to, filing such false statements
11    for collection of monies for services not rendered from the
12    medical assistance program of the Department of Healthcare
13    and Family Services (formerly Department of Public Aid)
14    under the Illinois Public Aid Code.
15        (26) A pattern of practice or other behavior which
16    demonstrates incapacity or incompetence to practice under
17    this Act.
18        (27) Mental illness or disability which results in the
19    inability to practice under this Act with reasonable
20    judgment, skill, or safety.
21        (28) Physical illness, including, but not limited to,
22    deterioration through the aging process, or loss of motor
23    skill which results in a physician's inability to practice
24    under this Act with reasonable judgment, skill, or safety.
25        (29) Cheating on or attempt to subvert the licensing
26    examinations administered under this Act.

 

 

HB4696- 40 -LRB101 16284 SPS 65657 b

1        (30) Willfully or negligently violating the
2    confidentiality between physician and patient except as
3    required by law.
4        (31) The use of any false, fraudulent, or deceptive
5    statement in any document connected with practice under
6    this Act.
7        (32) Aiding and abetting an individual not licensed
8    under this Act in the practice of a profession licensed
9    under this Act.
10        (33) Violating state or federal laws or regulations
11    relating to controlled substances, legend drugs, or
12    ephedra as defined in the Ephedra Prohibition Act.
13        (34) Failure to report to the Department any adverse
14    final action taken against them by another licensing
15    jurisdiction (any other state or any territory of the
16    United States or any foreign state or country), by any peer
17    review body, by any health care institution, by any
18    professional society or association related to practice
19    under this Act, by any governmental agency, by any law
20    enforcement agency, or by any court for acts or conduct
21    similar to acts or conduct which would constitute grounds
22    for action as defined in this Section.
23        (35) Failure to report to the Department surrender of a
24    license or authorization to practice as a medical doctor, a
25    doctor of osteopathy, a doctor of osteopathic medicine, or
26    doctor of chiropractic in another state or jurisdiction, or

 

 

HB4696- 41 -LRB101 16284 SPS 65657 b

1    surrender of membership on any medical staff or in any
2    medical or professional association or society, while
3    under disciplinary investigation by any of those
4    authorities or bodies, for acts or conduct similar to acts
5    or conduct which would constitute grounds for action as
6    defined in this Section.
7        (36) Failure to report to the Department any adverse
8    judgment, settlement, or award arising from a liability
9    claim related to acts or conduct similar to acts or conduct
10    which would constitute grounds for action as defined in
11    this Section.
12        (37) Failure to provide copies of medical records as
13    required by law.
14        (38) Failure to furnish the Department, its
15    investigators or representatives, relevant information,
16    legally requested by the Department after consultation
17    with the Chief Medical Coordinator or the Deputy Medical
18    Coordinator.
19        (39) Violating the Health Care Worker Self-Referral
20    Act.
21        (40) Willful failure to provide notice when notice is
22    required under the Parental Notice of Abortion Act of 1995.
23        (41) Failure to establish and maintain records of
24    patient care and treatment as required by this law.
25        (42) Entering into an excessive number of written
26    collaborative agreements with licensed advanced practice

 

 

HB4696- 42 -LRB101 16284 SPS 65657 b

1    registered nurses resulting in an inability to adequately
2    collaborate.
3        (43) Repeated failure to adequately collaborate with a
4    licensed advanced practice registered nurse.
5        (44) Violating the Compassionate Use of Medical
6    Cannabis Program Act.
7        (45) Entering into an excessive number of written
8    collaborative agreements with licensed prescribing
9    psychologists resulting in an inability to adequately
10    collaborate.
11        (46) Repeated failure to adequately collaborate with a
12    licensed prescribing psychologist.
13        (47) Willfully failing to report an instance of
14    suspected abuse, neglect, financial exploitation, or
15    self-neglect of an eligible adult as defined in and
16    required by the Adult Protective Services Act.
17        (48) Being named as an abuser in a verified report by
18    the Department on Aging under the Adult Protective Services
19    Act, and upon proof by clear and convincing evidence that
20    the licensee abused, neglected, or financially exploited
21    an eligible adult as defined in the Adult Protective
22    Services Act.
23        (49) Entering into an excessive number of written
24    collaborative agreements with licensed physician
25    assistants resulting in an inability to adequately
26    collaborate.

 

 

HB4696- 43 -LRB101 16284 SPS 65657 b

1        (50) Repeated failure to adequately collaborate with a
2    physician assistant.
3    Except for actions involving the ground numbered (26), all
4proceedings to suspend, revoke, place on probationary status,
5or take any other disciplinary action as the Department may
6deem proper, with regard to a license on any of the foregoing
7grounds, must be commenced within 5 years next after receipt by
8the Department of a complaint alleging the commission of or
9notice of the conviction order for any of the acts described
10herein. Except for the grounds numbered (8), (9), (26), and
11(29), no action shall be commenced more than 10 years after the
12date of the incident or act alleged to have violated this
13Section. For actions involving the ground numbered (26), a
14pattern of practice or other behavior includes all incidents
15alleged to be part of the pattern of practice or other behavior
16that occurred, or a report pursuant to Section 23 of this Act
17received, within the 10-year period preceding the filing of the
18complaint. In the event of the settlement of any claim or cause
19of action in favor of the claimant or the reduction to final
20judgment of any civil action in favor of the plaintiff, such
21claim, cause of action, or civil action being grounded on the
22allegation that a person licensed under this Act was negligent
23in providing care, the Department shall have an additional
24period of 2 years from the date of notification to the
25Department under Section 23 of this Act of such settlement or
26final judgment in which to investigate and commence formal

 

 

HB4696- 44 -LRB101 16284 SPS 65657 b

1disciplinary proceedings under Section 36 of this Act, except
2as otherwise provided by law. The time during which the holder
3of the license was outside the State of Illinois shall not be
4included within any period of time limiting the commencement of
5disciplinary action by the Department.
6    The entry of an order or judgment by any circuit court
7establishing that any person holding a license under this Act
8is a person in need of mental treatment operates as a
9suspension of that license. That person may resume his or her
10their practice only upon the entry of a Departmental order
11based upon a finding by the Medical Disciplinary Board that the
12person has they have been determined to be recovered from
13mental illness by the court and upon the Medical Disciplinary
14Board's recommendation that the person they be permitted to
15resume his or her their practice.
16    The Department may refuse to issue or take disciplinary
17action concerning the license of any person who fails to file a
18return, or to pay the tax, penalty, or interest shown in a
19filed return, or to pay any final assessment of tax, penalty,
20or interest, as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied as determined by
23the Illinois Department of Revenue.
24    The Department, upon the recommendation of the Medical
25Disciplinary Board, shall adopt rules which set forth standards
26to be used in determining:

 

 

HB4696- 45 -LRB101 16284 SPS 65657 b

1        (a) when a person will be deemed sufficiently
2    rehabilitated to warrant the public trust;
3        (b) what constitutes dishonorable, unethical, or
4    unprofessional conduct of a character likely to deceive,
5    defraud, or harm the public;
6        (c) what constitutes immoral conduct in the commission
7    of any act, including, but not limited to, commission of an
8    act of sexual misconduct related to the licensee's
9    practice; and
10        (d) what constitutes gross negligence in the practice
11    of medicine.
12    However, no such rule shall be admissible into evidence in
13any civil action except for review of a licensing or other
14disciplinary action under this Act.
15    In enforcing this Section, the Medical Disciplinary Board
16or the Licensing Board, upon a showing of a possible violation,
17may compel, in the case of the Disciplinary Board, any
18individual who is licensed to practice under this Act or holds
19a permit to practice under this Act, or, in the case of the
20Licensing Board, any individual who has applied for licensure
21or a permit pursuant to this Act, to submit to a mental or
22physical examination and evaluation, or both, which may include
23a substance abuse or sexual offender evaluation, as required by
24the Medical Licensing Board or Disciplinary Board and at the
25expense of the Department. The Medical Disciplinary Board or
26Licensing Board shall specifically designate the examining

 

 

HB4696- 46 -LRB101 16284 SPS 65657 b

1physician licensed to practice medicine in all of its branches
2or, if applicable, the multidisciplinary team involved in
3providing the mental or physical examination and evaluation, or
4both. The multidisciplinary team shall be led by a physician
5licensed to practice medicine in all of its branches and may
6consist of one or more or a combination of physicians licensed
7to practice medicine in all of its branches, licensed
8chiropractic physicians, licensed clinical psychologists,
9licensed clinical social workers, licensed clinical
10professional counselors, and other professional and
11administrative staff. Any examining physician or member of the
12multidisciplinary team may require any person ordered to submit
13to an examination and evaluation pursuant to this Section to
14submit to any additional supplemental testing deemed necessary
15to complete any examination or evaluation process, including,
16but not limited to, blood testing, urinalysis, psychological
17testing, or neuropsychological testing. The Medical
18Disciplinary Board, the Licensing Board, or the Department may
19order the examining physician or any member of the
20multidisciplinary team to provide to the Department or , the
21Medical Disciplinary Board, or the Licensing Board any and all
22records, including business records, that relate to the
23examination and evaluation, including any supplemental testing
24performed. The Medical Disciplinary Board, the Licensing
25Board, or the Department may order the examining physician or
26any member of the multidisciplinary team to present testimony

 

 

HB4696- 47 -LRB101 16284 SPS 65657 b

1concerning this examination and evaluation of the licensee,
2permit holder, or applicant, including testimony concerning
3any supplemental testing or documents relating to the
4examination and evaluation. No information, report, record, or
5other documents in any way related to the examination and
6evaluation shall be excluded by reason of any common law or
7statutory privilege relating to communication between the
8licensee, permit holder, or applicant and the examining
9physician or any member of the multidisciplinary team. No
10authorization is necessary from the licensee, permit holder, or
11applicant ordered to undergo an evaluation and examination for
12the examining physician or any member of the multidisciplinary
13team to provide information, reports, records, or other
14documents or to provide any testimony regarding the examination
15and evaluation. The individual to be examined may have, at his
16or her own expense, another physician of his or her choice
17present during all aspects of the examination. Failure of any
18individual to submit to mental or physical examination and
19evaluation, or both, when directed, shall result in an
20automatic suspension, without hearing, until such time as the
21individual submits to the examination. If the Medical
22Disciplinary Board or Licensing Board finds a physician unable
23to practice following an examination and evaluation because of
24the reasons set forth in this Section, the Medical Disciplinary
25Board or Licensing Board shall require such physician to submit
26to care, counseling, or treatment by physicians, or other

 

 

HB4696- 48 -LRB101 16284 SPS 65657 b

1health care professionals, approved or designated by the
2Medical Disciplinary Board, as a condition for issued,
3continued, reinstated, or renewed licensure to practice. Any
4physician, whose license was granted pursuant to Sections 9,
517, or 19 of this Act, or, continued, reinstated, renewed,
6disciplined or supervised, subject to such terms, conditions,
7or restrictions who shall fail to comply with such terms,
8conditions, or restrictions, or to complete a required program
9of care, counseling, or treatment, as determined by the Chief
10Medical Coordinator or Deputy Medical Coordinators, shall be
11referred to the Secretary for a determination as to whether the
12licensee shall have his or her their license suspended
13immediately, pending a hearing by the Medical Disciplinary
14Board. In instances in which the Secretary immediately suspends
15a license under this Section, a hearing upon such person's
16license must be convened by the Medical Disciplinary Board
17within 15 days after such suspension and completed without
18appreciable delay. The Medical Disciplinary Board shall have
19the authority to review the subject physician's record of
20treatment and counseling regarding the impairment, to the
21extent permitted by applicable federal statutes and
22regulations safeguarding the confidentiality of medical
23records.
24    An individual licensed under this Act, affected under this
25Section, shall be afforded an opportunity to demonstrate to the
26Medical Disciplinary Board that he or she they can resume

 

 

HB4696- 49 -LRB101 16284 SPS 65657 b

1practice in compliance with acceptable and prevailing
2standards under the provisions of his or her their license.
3    The Department may promulgate rules for the imposition of
4fines in disciplinary cases, not to exceed $10,000 for each
5violation of this Act. Fines may be imposed in conjunction with
6other forms of disciplinary action, but shall not be the
7exclusive disposition of any disciplinary action arising out of
8conduct resulting in death or injury to a patient. Any funds
9collected from such fines shall be deposited in the Illinois
10State Medical Disciplinary Fund.
11    All fines imposed under this Section shall be paid within
1260 days after the effective date of the order imposing the fine
13or in accordance with the terms set forth in the order imposing
14the fine.
15    (B) The Department shall revoke the license or permit
16issued under this Act to practice medicine or a chiropractic
17physician who has been convicted a second time of committing
18any felony under the Illinois Controlled Substances Act or the
19Methamphetamine Control and Community Protection Act, or who
20has been convicted a second time of committing a Class 1 felony
21under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
22person whose license or permit is revoked under this subsection
23B shall be prohibited from practicing medicine or treating
24human ailments without the use of drugs and without operative
25surgery.
26    (C) The Department shall not revoke, suspend, place on

 

 

HB4696- 50 -LRB101 16284 SPS 65657 b

1probation, reprimand, refuse to issue or renew, or take any
2other disciplinary or non-disciplinary action against the
3license or permit issued under this Act to practice medicine to
4a physician:
5        (1) based solely upon the recommendation of the
6    physician to an eligible patient regarding, or
7    prescription for, or treatment with, an investigational
8    drug, biological product, or device; or
9        (2) for experimental treatment for Lyme disease or
10    other tick-borne diseases, including, but not limited to,
11    the prescription of or treatment with long-term
12    antibiotics.
13    (D) The Medical Disciplinary Board shall recommend to the
14Department civil penalties and any other appropriate
15discipline in disciplinary cases when the Medical Board finds
16that a physician willfully performed an abortion with actual
17knowledge that the person upon whom the abortion has been
18performed is a minor or an incompetent person without notice as
19required under the Parental Notice of Abortion Act of 1995.
20Upon the Medical Board's recommendation, the Department shall
21impose, for the first violation, a civil penalty of $1,000 and
22for a second or subsequent violation, a civil penalty of
23$5,000.
24(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
25100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
261-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,

 

 

HB4696- 51 -LRB101 16284 SPS 65657 b

1eff. 8-9-19; revised 9-20-19.)
 
2    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 23. Reports relating to professional conduct and
5capacity.
6    (A) Entities required to report.
7        (1) Health care institutions. The chief administrator
8    or executive officer of any health care institution
9    licensed by the Illinois Department of Public Health shall
10    report to the Medical Disciplinary Board when any person's
11    clinical privileges are terminated or are restricted based
12    on a final determination made in accordance with that
13    institution's by-laws or rules and regulations that a
14    person has either committed an act or acts which may
15    directly threaten patient care or that a person may have a
16    mental or physical disability that may endanger patients
17    under that person's care. Such officer also shall report if
18    a person accepts voluntary termination or restriction of
19    clinical privileges in lieu of formal action based upon
20    conduct related directly to patient care or in lieu of
21    formal action seeking to determine whether a person may
22    have a mental or physical disability that may endanger
23    patients under that person's care. The Medical
24    Disciplinary Board shall, by rule, provide for the
25    reporting to it by health care institutions of all

 

 

HB4696- 52 -LRB101 16284 SPS 65657 b

1    instances in which a person, licensed under this Act, who
2    is impaired by reason of age, drug or alcohol abuse or
3    physical or mental impairment, is under supervision and,
4    where appropriate, is in a program of rehabilitation. Such
5    reports shall be strictly confidential and may be reviewed
6    and considered only by the members of the Medical
7    Disciplinary Board, or by authorized staff as provided by
8    rules of the Medical Disciplinary Board. Provisions shall
9    be made for the periodic report of the status of any such
10    person not less than twice annually in order that the
11    Medical Disciplinary Board shall have current information
12    upon which to determine the status of any such person. Such
13    initial and periodic reports of impaired physicians shall
14    not be considered records within the meaning of The State
15    Records Act and shall be disposed of, following a
16    determination by the Medical Disciplinary Board that such
17    reports are no longer required, in a manner and at such
18    time as the Medical Disciplinary Board shall determine by
19    rule. The filing of such reports shall be construed as the
20    filing of a report for purposes of subsection (C) of this
21    Section.
22        (1.5) Clinical training programs. The program director
23    of any post-graduate clinical training program shall
24    report to the Medical Disciplinary Board if a person
25    engaged in a post-graduate clinical training program at the
26    institution, including, but not limited to, a residency or

 

 

HB4696- 53 -LRB101 16284 SPS 65657 b

1    fellowship, separates from the program for any reason prior
2    to its conclusion. The program director shall provide all
3    documentation relating to the separation if, after review
4    of the report, the Medical Disciplinary Board determines
5    that a review of those documents is necessary to determine
6    whether a violation of this Act occurred.
7        (2) Professional associations. The President or chief
8    executive officer of any association or society, of persons
9    licensed under this Act, operating within this State shall
10    report to the Medical Disciplinary Board when the
11    association or society renders a final determination that a
12    person has committed unprofessional conduct related
13    directly to patient care or that a person may have a mental
14    or physical disability that may endanger patients under
15    that person's care.
16        (3) Professional liability insurers. Every insurance
17    company which offers policies of professional liability
18    insurance to persons licensed under this Act, or any other
19    entity which seeks to indemnify the professional liability
20    of a person licensed under this Act, shall report to the
21    Medical Disciplinary Board the settlement of any claim or
22    cause of action, or final judgment rendered in any cause of
23    action, which alleged negligence in the furnishing of
24    medical care by such licensed person when such settlement
25    or final judgment is in favor of the plaintiff.
26        (4) State's Attorneys. The State's Attorney of each

 

 

HB4696- 54 -LRB101 16284 SPS 65657 b

1    county shall report to the Medical Disciplinary Board,
2    within 5 days, any instances in which a person licensed
3    under this Act is convicted of any felony or Class A
4    misdemeanor. The State's Attorney of each county may report
5    to the Medical Disciplinary Board through a verified
6    complaint any instance in which the State's Attorney
7    believes that a physician has willfully violated the notice
8    requirements of the Parental Notice of Abortion Act of
9    1995.
10        (5) State agencies. All agencies, boards, commissions,
11    departments, or other instrumentalities of the government
12    of the State of Illinois shall report to the Medical
13    Disciplinary Board any instance arising in connection with
14    the operations of such agency, including the
15    administration of any law by such agency, in which a person
16    licensed under this Act has either committed an act or acts
17    which may be a violation of this Act or which may
18    constitute unprofessional conduct related directly to
19    patient care or which indicates that a person licensed
20    under this Act may have a mental or physical disability
21    that may endanger patients under that person's care.
22    (B) Mandatory reporting. All reports required by items
23(34), (35), and (36) of subsection (A) of Section 22 and by
24Section 23 shall be submitted to the Medical Disciplinary Board
25in a timely fashion. Unless otherwise provided in this Section,
26the reports shall be filed in writing within 60 days after a

 

 

HB4696- 55 -LRB101 16284 SPS 65657 b

1determination that a report is required under this Act. All
2reports shall contain the following information:
3        (1) The name, address and telephone number of the
4    person making the report.
5        (2) The name, address and telephone number of the
6    person who is the subject of the report.
7        (3) The name and date of birth of any patient or
8    patients whose treatment is a subject of the report, if
9    available, or other means of identification if such
10    information is not available, identification of the
11    hospital or other healthcare facility where the care at
12    issue in the report was rendered, provided, however, no
13    medical records may be revealed.
14        (4) A brief description of the facts which gave rise to
15    the issuance of the report, including the dates of any
16    occurrences deemed to necessitate the filing of the report.
17        (5) If court action is involved, the identity of the
18    court in which the action is filed, along with the docket
19    number and date of filing of the action.
20        (6) Any further pertinent information which the
21    reporting party deems to be an aid in the evaluation of the
22    report.
23    The Medical Disciplinary Board or Department may also
24exercise the power under Section 38 of this Act to subpoena
25copies of hospital or medical records in mandatory report cases
26alleging death or permanent bodily injury. Appropriate rules

 

 

HB4696- 56 -LRB101 16284 SPS 65657 b

1shall be adopted by the Department with the approval of the
2Medical Disciplinary Board.
3    When the Department has received written reports
4concerning incidents required to be reported in items (34),
5(35), and (36) of subsection (A) of Section 22, the licensee's
6failure to report the incident to the Department under those
7items shall not be the sole grounds for disciplinary action.
8    Nothing contained in this Section shall act to in any way,
9waive or modify the confidentiality of medical reports and
10committee reports to the extent provided by law. Any
11information reported or disclosed shall be kept for the
12confidential use of the Medical Disciplinary Board, the Medical
13Coordinators, the Medical Disciplinary Board's attorneys, the
14medical investigative staff, and authorized clerical staff, as
15provided in this Act, and shall be afforded the same status as
16is provided information concerning medical studies in Part 21
17of Article VIII of the Code of Civil Procedure, except that the
18Department may disclose information and documents to a federal,
19State, or local law enforcement agency pursuant to a subpoena
20in an ongoing criminal investigation or to a health care
21licensing body or medical licensing authority of this State or
22another state or jurisdiction pursuant to an official request
23made by that licensing body or medical licensing authority.
24Furthermore, information and documents disclosed to a federal,
25State, or local law enforcement agency may be used by that
26agency only for the investigation and prosecution of a criminal

 

 

HB4696- 57 -LRB101 16284 SPS 65657 b

1offense, or, in the case of disclosure to a health care
2licensing body or medical licensing authority, only for
3investigations and disciplinary action proceedings with regard
4to a license. Information and documents disclosed to the
5Department of Public Health may be used by that Department only
6for investigation and disciplinary action regarding the
7license of a health care institution licensed by the Department
8of Public Health.
9    (C) Immunity from prosecution. Any individual or
10organization acting in good faith, and not in a wilful and
11wanton manner, in complying with this Act by providing any
12report or other information to the Medical Disciplinary Board
13or a peer review committee, or assisting in the investigation
14or preparation of such information, or by voluntarily reporting
15to the Medical Disciplinary Board or a peer review committee
16information regarding alleged errors or negligence by a person
17licensed under this Act, or by participating in proceedings of
18the Medical Disciplinary Board or a peer review committee, or
19by serving as a member of the Medical Disciplinary Board or a
20peer review committee, shall not, as a result of such actions,
21be subject to criminal prosecution or civil damages.
22    (D) Indemnification. Members of the Medical Disciplinary
23Board, the Licensing Board, the Medical Coordinators, the
24Medical Disciplinary Board's attorneys, the medical
25investigative staff, physicians retained under contract to
26assist and advise the medical coordinators in the

 

 

HB4696- 58 -LRB101 16284 SPS 65657 b

1investigation, and authorized clerical staff shall be
2indemnified by the State for any actions occurring within the
3scope of services on the Medical Disciplinary Board or
4Licensing Board, done in good faith and not wilful and wanton
5in nature. The Attorney General shall defend all such actions
6unless he or she determines either that there would be a
7conflict of interest in such representation or that the actions
8complained of were not in good faith or were wilful and wanton.
9    Should the Attorney General decline representation, the
10member shall have the right to employ counsel of his or her
11choice, whose fees shall be provided by the State, after
12approval by the Attorney General, unless there is a
13determination by a court that the member's actions were not in
14good faith or were wilful and wanton.
15    The member must notify the Attorney General within 7 days
16of receipt of notice of the initiation of any action involving
17services of the Medical Disciplinary Board. Failure to so
18notify the Attorney General shall constitute an absolute waiver
19of the right to a defense and indemnification.
20    The Attorney General shall determine within 7 days after
21receiving such notice, whether he or she will undertake to
22represent the member.
23    (E) Deliberations of Medical Disciplinary Board. Upon the
24receipt of any report called for by this Act, other than those
25reports of impaired persons licensed under this Act required
26pursuant to the rules of the Medical Disciplinary Board, the

 

 

HB4696- 59 -LRB101 16284 SPS 65657 b

1Medical Disciplinary Board shall notify in writing, by
2certified mail or email, the person who is the subject of the
3report. Such notification shall be made within 30 days of
4receipt by the Medical Disciplinary Board of the report.
5    The notification shall include a written notice setting
6forth the person's right to examine the report. Included in
7such notification shall be the address at which the file is
8maintained, the name of the custodian of the reports, and the
9telephone number at which the custodian may be reached. The
10person who is the subject of the report shall submit a written
11statement responding, clarifying, adding to, or proposing the
12amending of the report previously filed. The person who is the
13subject of the report shall also submit with the written
14statement any medical records related to the report. The
15statement and accompanying medical records shall become a
16permanent part of the file and must be received by the Medical
17Disciplinary Board no more than 30 days after the date on which
18the person was notified by the Medical Disciplinary Board of
19the existence of the original report.
20    The Medical Disciplinary Board shall review all reports
21received by it, together with any supporting information and
22responding statements submitted by persons who are the subject
23of reports. The review by the Medical Disciplinary Board shall
24be in a timely manner but in no event, shall the Medical
25Disciplinary Board's initial review of the material contained
26in each disciplinary file be less than 61 days nor more than

 

 

HB4696- 60 -LRB101 16284 SPS 65657 b

1180 days after the receipt of the initial report by the Medical
2Disciplinary Board.
3    When the Medical Disciplinary Board makes its initial
4review of the materials contained within its disciplinary
5files, the Medical Disciplinary Board shall, in writing, make a
6determination as to whether there are sufficient facts to
7warrant further investigation or action. Failure to make such
8determination within the time provided shall be deemed to be a
9determination that there are not sufficient facts to warrant
10further investigation or action.
11    Should the Medical Disciplinary Board find that there are
12not sufficient facts to warrant further investigation, or
13action, the report shall be accepted for filing and the matter
14shall be deemed closed and so reported to the Secretary. The
15Secretary shall then have 30 days to accept the Medical
16Disciplinary Board's decision or request further
17investigation. The Secretary shall inform the Medical Board of
18the decision to request further investigation, including the
19specific reasons for the decision. The individual or entity
20filing the original report or complaint and the person who is
21the subject of the report or complaint shall be notified in
22writing by the Secretary of any final action on their report or
23complaint. The Department shall disclose to the individual or
24entity who filed the original report or complaint, on request,
25the status of the Medical Disciplinary Board's review of a
26specific report or complaint. Such request may be made at any

 

 

HB4696- 61 -LRB101 16284 SPS 65657 b

1time, including prior to the Medical Disciplinary Board's
2determination as to whether there are sufficient facts to
3warrant further investigation or action.
4    (F) Summary reports. The Medical Disciplinary Board shall
5prepare, on a timely basis, but in no event less than once
6every other month, a summary report of final disciplinary
7actions taken upon disciplinary files maintained by the Medical
8Disciplinary Board. The summary reports shall be made available
9to the public upon request and payment of the fees set by the
10Department. This publication may be made available to the
11public on the Department's website. Information or
12documentation relating to any disciplinary file that is closed
13without disciplinary action taken shall not be disclosed and
14shall be afforded the same status as is provided by Part 21 of
15Article VIII of the Code of Civil Procedure.
16    (G) Any violation of this Section shall be a Class A
17misdemeanor.
18    (H) If any such person violates the provisions of this
19Section an action may be brought in the name of the People of
20the State of Illinois, through the Attorney General of the
21State of Illinois, for an order enjoining such violation or for
22an order enforcing compliance with this Section. Upon filing of
23a verified petition in such court, the court may issue a
24temporary restraining order without notice or bond and may
25preliminarily or permanently enjoin such violation, and if it
26is established that such person has violated or is violating

 

 

HB4696- 62 -LRB101 16284 SPS 65657 b

1the injunction, the court may punish the offender for contempt
2of court. Proceedings under this paragraph shall be in addition
3to, and not in lieu of, all other remedies and penalties
4provided for by this Section.
5(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)
 
6    (225 ILCS 60/24)  (from Ch. 111, par. 4400-24)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 24. Report of violations; medical associations.
9    (a) Any physician licensed under this Act, the Illinois
10State Medical Society, the Illinois Association of Osteopathic
11Physicians and Surgeons, the Illinois Chiropractic Society,
12the Illinois Prairie State Chiropractic Association, or any
13component societies of any of these 4 groups, and any other
14person, may report to the Medical Disciplinary Board any
15information the physician, association, society, or person may
16have that appears to show that a physician is or may be in
17violation of any of the provisions of Section 22 of this Act.
18    (b) The Department may enter into agreements with the
19Illinois State Medical Society, the Illinois Association of
20Osteopathic Physicians and Surgeons, the Illinois Prairie
21State Chiropractic Association, or the Illinois Chiropractic
22Society to allow these organizations to assist the Medical
23Disciplinary Board in the review of alleged violations of this
24Act. Subject to the approval of the Department, any
25organization party to such an agreement may subcontract with

 

 

HB4696- 63 -LRB101 16284 SPS 65657 b

1other individuals or organizations to assist in review.
2    (c) Any physician, association, society, or person
3participating in good faith in the making of a report under
4this Act or participating in or assisting with an investigation
5or review under this Act shall have immunity from any civil,
6criminal, or other liability that might result by reason of
7those actions.
8    (d) The medical information in the custody of an entity
9under contract with the Department participating in an
10investigation or review shall be privileged and confidential to
11the same extent as are information and reports under the
12provisions of Part 21 of Article VIII of the Code of Civil
13Procedure.
14    (e) Upon request by the Department after a mandatory report
15has been filed with the Department, an attorney for any party
16seeking to recover damages for injuries or death by reason of
17medical, hospital, or other healing art malpractice shall
18provide patient records related to the physician involved in
19the disciplinary proceeding to the Department within 30 days of
20the Department's request for use by the Department in any
21disciplinary matter under this Act. An attorney who provides
22patient records to the Department in accordance with this
23requirement shall not be deemed to have violated any
24attorney-client privilege. Notwithstanding any other provision
25of law, consent by a patient shall not be required for the
26provision of patient records in accordance with this

 

 

HB4696- 64 -LRB101 16284 SPS 65657 b

1requirement.
2    (f) For the purpose of any civil or criminal proceedings,
3the good faith of any physician, association, society or person
4shall be presumed.
5(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
6    (225 ILCS 60/25)  (from Ch. 111, par. 4400-25)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 25. The Secretary of the Department may, upon receipt
9of a written communication from the Secretary of Human
10Services, the Director of Healthcare and Family Services
11(formerly Director of Public Aid), or the Director of Public
12Health that continuation of practice of a person licensed under
13this Act constitutes an immediate danger to the public, and
14after consultation with the Chief Medical Coordinator or Deputy
15Medical Coordinator, immediately suspend the license of such
16person without a hearing. In instances in which the Secretary
17immediately suspends a license under this Section, a hearing
18upon such person's license must be convened by the Medical
19Disciplinary Board within 15 days after such suspension and
20completed without appreciable delay. Such hearing is to be held
21to determine whether to recommend to the Secretary that the
22person's license be revoked, suspended, placed on probationary
23status or reinstated, or whether such person should be subject
24to other disciplinary action. In the hearing, the written
25communication and any other evidence submitted therewith may be

 

 

HB4696- 65 -LRB101 16284 SPS 65657 b

1introduced as evidence against such person; provided however,
2the person, or their counsel, shall have the opportunity to
3discredit, impeach and submit evidence rebutting such
4evidence.
5(Source: P.A. 97-622, eff. 11-23-11.)
 
6    (225 ILCS 60/35)  (from Ch. 111, par. 4400-35)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 35. The Secretary shall have the authority to appoint
9an attorney duly licensed to practice law in the State of
10Illinois to serve as the hearing officer in any action to
11suspend, revoke, place on probationary status, or take any
12other disciplinary action with regard to a license. The hearing
13officer shall have full authority to conduct the hearing. The
14hearing officer shall report his findings and recommendations
15to the Medical Disciplinary Board or Licensing Board within 30
16days of the receipt of the record. The Medical Disciplinary
17Board or Licensing Board shall have 60 days from receipt of the
18report to review the report of the hearing officer and present
19their findings of fact, conclusions of law and recommendations
20to the Secretary.
21(Source: P.A. 100-429, eff. 8-25-17.)
 
22    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 36. Investigation; notice.

 

 

HB4696- 66 -LRB101 16284 SPS 65657 b

1    (a) Upon the motion of either the Department or the Medical
2Disciplinary Board or upon the verified complaint in writing of
3any person setting forth facts which, if proven, would
4constitute grounds for suspension or revocation under Section
522 of this Act, the Department shall investigate the actions of
6any person, so accused, who holds or represents that he or she
7holds a license. Such person is hereinafter called the accused.
8    (b) The Department shall, before suspending, revoking,
9placing on probationary status, or taking any other
10disciplinary action as the Department may deem proper with
11regard to any license at least 30 days prior to the date set
12for the hearing, notify the accused in writing of any charges
13made and the time and place for a hearing of the charges before
14the Medical Disciplinary Board, direct him or her to file his
15or her written answer thereto to the Medical Disciplinary Board
16under oath within 20 days after the service on him or her of
17such notice and inform him or her that if he or she fails to
18file such answer default will be taken against him or her and
19his or her license may be suspended, revoked, placed on
20probationary status, or have other disciplinary action,
21including limiting the scope, nature or extent of his or her
22practice, as the Department may deem proper taken with regard
23thereto. The Department shall, at least 14 days prior to the
24date set for the hearing, notify in writing any person who
25filed a complaint against the accused of the time and place for
26the hearing of the charges against the accused before the

 

 

HB4696- 67 -LRB101 16284 SPS 65657 b

1Medical Disciplinary Board and inform such person whether he or
2she may provide testimony at the hearing.
3    (c) (Blank).
4    (d) Such written notice and any notice in such proceedings
5thereafter may be served by personal delivery, email to the
6respondent's email address of record, or mail to the
7respondent's address of record.
8    (e) All information gathered by the Department during its
9investigation including information subpoenaed under Section
1023 or 38 of this Act and the investigative file shall be kept
11for the confidential use of the Secretary, the Medical
12Disciplinary Board, the Medical Coordinators, persons employed
13by contract to advise the Medical Coordinator or the
14Department, the Medical Disciplinary Board's attorneys, the
15medical investigative staff, and authorized clerical staff, as
16provided in this Act and shall be afforded the same status as
17is provided information concerning medical studies in Part 21
18of Article VIII of the Code of Civil Procedure, except that the
19Department may disclose information and documents to a federal,
20State, or local law enforcement agency pursuant to a subpoena
21in an ongoing criminal investigation to a health care licensing
22body of this State or another state or jurisdiction pursuant to
23an official request made by that licensing body. Furthermore,
24information and documents disclosed to a federal, State, or
25local law enforcement agency may be used by that agency only
26for the investigation and prosecution of a criminal offense or,

 

 

HB4696- 68 -LRB101 16284 SPS 65657 b

1in the case of disclosure to a health care licensing body, only
2for investigations and disciplinary action proceedings with
3regard to a license issued by that licensing body.
4(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
5revised 9-20-19.)
 
6    (225 ILCS 60/37)  (from Ch. 111, par. 4400-37)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 37. Disciplinary actions.
9    (a) At the time and place fixed in the notice, the Medical
10Disciplinary Board provided for in this Act shall proceed to
11hear the charges, and the accused person shall be accorded
12ample opportunity to present in person, or by counsel, such
13statements, testimony, evidence and argument as may be
14pertinent to the charges or to any defense thereto. The Medical
15Disciplinary Board may continue such hearing from time to time.
16If the Medical Disciplinary Board is not sitting at the time
17and place fixed in the notice or at the time and place to which
18the hearing has been continued, the Department shall continue
19such hearing for a period not to exceed 30 days.
20    (b) In case the accused person, after receiving notice,
21fails to file an answer, their license may, in the discretion
22of the Secretary, having received first the recommendation of
23the Medical Disciplinary Board, be suspended, revoked or placed
24on probationary status, or the Secretary may take whatever
25disciplinary action as he or she may deem proper, including

 

 

HB4696- 69 -LRB101 16284 SPS 65657 b

1limiting the scope, nature, or extent of said person's
2practice, without a hearing, if the act or acts charged
3constitute sufficient grounds for such action under this Act.
4    (c) The Medical Disciplinary Board has the authority to
5recommend to the Secretary that probation be granted or that
6other disciplinary or non-disciplinary action, including the
7limitation of the scope, nature or extent of a person's
8practice, be taken as it deems proper. If disciplinary or
9non-disciplinary action, other than suspension or revocation,
10is taken, the Medical Disciplinary Board may recommend that the
11Secretary impose reasonable limitations and requirements upon
12the accused registrant to insure compliance with the terms of
13the probation or other disciplinary action including, but not
14limited to, regular reporting by the accused to the Department
15of their actions, placing themselves under the care of a
16qualified physician for treatment, or limiting their practice
17in such manner as the Secretary may require.
18    (d) The Secretary, after consultation with the Chief
19Medical Coordinator or Deputy Medical Coordinator, may
20temporarily suspend the license of a physician without a
21hearing, simultaneously with the institution of proceedings
22for a hearing provided under this Section if the Secretary
23finds that evidence in his or her possession indicates that a
24physician's continuation in practice would constitute an
25immediate danger to the public. In the event that the Secretary
26suspends, temporarily, the license of a physician without a

 

 

HB4696- 70 -LRB101 16284 SPS 65657 b

1hearing, a hearing by the Medical Disciplinary Board shall be
2held within 15 days after such suspension has occurred and
3shall be concluded without appreciable delay.
4(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
5    (225 ILCS 60/38)  (from Ch. 111, par. 4400-38)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 38. Subpoena; oaths.
8    (a) The Medical Disciplinary Board or Department has power
9to subpoena and bring before it any person in this State and to
10take testimony either orally or by deposition, or both, with
11the same fees and mileage and in the same manner as is
12prescribed by law for judicial procedure in civil cases.
13    (b) The Medical Disciplinary Board, upon a determination
14that probable cause exists that a violation of one or more of
15the grounds for discipline listed in Section 22 has occurred or
16is occurring, may subpoena the medical and hospital records of
17individual patients of physicians licensed under this Act,
18provided, that prior to the submission of such records to the
19Medical Disciplinary Board, all information indicating the
20identity of the patient shall be removed and deleted.
21Notwithstanding the foregoing, the Medical Disciplinary Board
22and Department shall possess the power to subpoena copies of
23hospital or medical records in mandatory report cases under
24Section 23 alleging death or permanent bodily injury when
25consent to obtain records is not provided by a patient or legal

 

 

HB4696- 71 -LRB101 16284 SPS 65657 b

1representative. Prior to submission of the records to the
2Medical Disciplinary Board, all information indicating the
3identity of the patient shall be removed and deleted. All
4medical records and other information received pursuant to
5subpoena shall be confidential and shall be afforded the same
6status as is proved information concerning medical studies in
7Part 21 of Article VIII of the Code of Civil Procedure. The use
8of such records shall be restricted to members of the Medical
9Disciplinary Board, the medical coordinators, and appropriate
10staff of the Department designated by the Medical Disciplinary
11Board for the purpose of determining the existence of one or
12more grounds for discipline of the physician as provided for by
13Section 22 of this Act. Any such review of individual patients'
14records shall be conducted by the Medical Disciplinary Board in
15strict confidentiality, provided that such patient records
16shall be admissible in a disciplinary hearing, before the
17Medical Disciplinary Board, when necessary to substantiate the
18grounds for discipline alleged against the physician licensed
19under this Act, and provided further, that nothing herein shall
20be deemed to supersede the provisions of Part 21 of Article
21VIII of the "Code of Civil Procedure", as now or hereafter
22amended, to the extent applicable.
23    (c) The Secretary, hearing officer, and any member of the
24Medical Disciplinary Board each have power to administer oaths
25at any hearing which the Medical Disciplinary Board or
26Department is authorized by law to conduct.

 

 

HB4696- 72 -LRB101 16284 SPS 65657 b

1    (d) The Medical Disciplinary Board, upon a determination
2that probable cause exists that a violation of one or more of
3the grounds for discipline listed in Section 22 has occurred or
4is occurring on the business premises of a physician licensed
5under this Act, may issue an order authorizing an appropriately
6qualified investigator employed by the Department to enter upon
7the business premises with due consideration for patient care
8of the subject of the investigation so as to inspect the
9physical premises and equipment and furnishings therein. No
10such order shall include the right of inspection of business,
11medical, or personnel records located on the premises. For
12purposes of this Section, "business premises" is defined as the
13office or offices where the physician conducts the practice of
14medicine. Any such order shall expire and become void five
15business days after its issuance by the Medical Disciplinary
16Board. The execution of any such order shall be valid only
17during the normal business hours of the facility or office to
18be inspected.
19(Source: P.A. 101-316, eff. 8-9-19.)
 
20    (225 ILCS 60/39)  (from Ch. 111, par. 4400-39)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 39. Certified shorthand reporter; record. The
23Department, at its expense, shall provide a certified shorthand
24reporter to take down the testimony and preserve a record of
25all proceedings at the hearing of any case wherein a license

 

 

HB4696- 73 -LRB101 16284 SPS 65657 b

1may be revoked, suspended, placed on probationary status, or
2other disciplinary action taken with regard thereto in
3accordance with Section 2105-115 of the Department of
4Professional Regulation Law of the Civil Administrative Code of
5Illinois. The notice of hearing, complaint and all other
6documents in the nature of pleadings and written motions filed
7in the proceedings, the transcript of testimony, the report of
8the hearing officer, exhibits, the report of the Medical Board,
9and the orders of the Department constitute the record of the
10proceedings.
11(Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)
 
12    (225 ILCS 60/40)  (from Ch. 111, par. 4400-40)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 40. Findings and recommendations; rehearing.
15    (a) The Medical Disciplinary Board shall present to the
16Secretary a written report of its findings and recommendations.
17A copy of such report shall be served upon the accused person,
18either personally or by mail or email. Within 20 days after
19such service, the accused person may present to the Department
20his or her motion, in writing, for a rehearing, which written
21motion shall specify the particular ground therefor. If the
22accused person orders and pays for a transcript of the record
23as provided in Section 39, the time elapsing thereafter and
24before such transcript is ready for delivery to them shall not
25be counted as part of such 20 days.

 

 

HB4696- 74 -LRB101 16284 SPS 65657 b

1    (b) At the expiration of the time allowed for filing a
2motion for rehearing, the Secretary may take the action
3recommended by the Medical Disciplinary Board. Upon the
4suspension, revocation, placement on probationary status, or
5the taking of any other disciplinary action, including the
6limiting of the scope, nature, or extent of one's practice,
7deemed proper by the Department, with regard to the license or
8permit, the accused shall surrender his or her license or
9permit to the Department, if ordered to do so by the
10Department, and upon his or her failure or refusal so to do,
11the Department may seize the same.
12    (c) (Blank). Each order of revocation, suspension, or other
13disciplinary action shall contain a brief, concise statement of
14the ground or grounds upon which the Department's action is
15based, as well as the specific terms and conditions of such
16action. This document shall be retained as a permanent record
17by the Disciplinary Board and the Secretary.
18    (d) (Blank). The Department shall at least annually publish
19a list of the names of all persons disciplined under this Act
20in the preceding 12 months. Such lists shall be available by
21the Department on its website.
22    (e) In those instances where an order of revocation,
23suspension, or other disciplinary action has been rendered by
24virtue of a physician's physical illness, including, but not
25limited to, deterioration through the aging process, or loss of
26motor skill which results in a physician's inability to

 

 

HB4696- 75 -LRB101 16284 SPS 65657 b

1practice medicine with reasonable judgment, skill, or safety,
2the Department shall only permit this document, and the record
3of the hearing incident thereto, to be observed, inspected,
4viewed, or copied pursuant to court order.
5(Source: P.A. 101-316, eff. 8-9-19.)
 
6    (225 ILCS 60/41)  (from Ch. 111, par. 4400-41)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 41. Administrative review; certification of record.
9    (a) All final administrative decisions of the Department
10are subject to judicial review pursuant to the Administrative
11Review Law and its rules. The term "administrative decision" is
12defined as in Section 3-101 of the Code of Civil Procedure.
13    (b) Proceedings for judicial review shall be commenced in
14the circuit court of the county in which the party applying for
15review resides; but if the party is not a resident of this
16State, the venue shall be in Sangamon County.
17    (c) The Department shall not be required to certify any
18record to the court, to file an answer in court, or to
19otherwise appear in any court in a judicial review proceeding
20unless and until the Department has received from the plaintiff
21payment of the costs of furnishing and certifying the record,
22which costs shall be determined by the Department. Exhibits
23shall be certified without cost. Failure on the part of the
24plaintiff to file a receipt in court shall be grounds for
25dismissal of the action. During the pendency and hearing of any

 

 

HB4696- 76 -LRB101 16284 SPS 65657 b

1and all judicial proceedings incident to the disciplinary
2action the sanctions imposed upon the accused by the Department
3because of acts or omissions related to the delivery of direct
4patient care as specified in the Department's final
5administrative decision, shall as a matter of public policy
6remain in full force and effect in order to protect the public
7pending final resolution of any of the proceedings.
8(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
9    (225 ILCS 60/42)  (from Ch. 111, par. 4400-42)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 42. An order of revocation, suspension, placing the
12license on probationary status, or other formal disciplinary
13action as the Department may deem proper, or a certified copy
14thereof, over the seal of the Department and purporting to be
15signed by the Secretary, is prima facie proof that:
16        (a) Such signature is the genuine signature of the
17    Secretary;
18        (b) The Secretary is duly appointed and qualified; and
19        (c) The Medical Disciplinary Board and the members
20    thereof are qualified.
21    Such proof may be rebutted.
22(Source: P.A. 97-622, eff. 11-23-11.)
 
23    (225 ILCS 60/47)  (from Ch. 111, par. 4400-47)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

HB4696- 77 -LRB101 16284 SPS 65657 b

1    Sec. 47. Administrative Procedure Act. The Illinois
2Administrative Procedure Act is hereby expressly adopted and
3incorporated herein as if all of the provisions of that Act
4were included in this Act, except that the provision of
5subsection (d) of Section 10-65 of the Illinois Administrative
6Procedure Act that provides that at hearings the licensee has
7the right to show compliance with all lawful requirements for
8retention, continuation or renewal of the license is
9specifically excluded. For the purposes of this Act the notice
10required under Section 10-25 of the Illinois Administrative
11Procedure Act is deemed sufficient when mailed or emailed to
12the address of record of a party.
13(Source: P.A. 97-622, eff. 11-23-11.)
 
14    (225 ILCS 60/8 rep.)
15    (225 ILCS 60/9.3 rep.)
16    (225 ILCS 60/44 rep.)
17    Section 10. The Medical Practice Act of 1987 is amended by
18repealing Sections 8, 9.3, and 44.

 

 

HB4696- 78 -LRB101 16284 SPS 65657 b

1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 60/2from Ch. 111, par. 4400-2
4    225 ILCS 60/7from Ch. 111, par. 4400-7
5    225 ILCS 60/7.5
6    225 ILCS 60/8.1
7    225 ILCS 60/9from Ch. 111, par. 4400-9
8    225 ILCS 60/17from Ch. 111, par. 4400-17
9    225 ILCS 60/18from Ch. 111, par. 4400-18
10    225 ILCS 60/19from Ch. 111, par. 4400-19
11    225 ILCS 60/21from Ch. 111, par. 4400-21
12    225 ILCS 60/22from Ch. 111, par. 4400-22
13    225 ILCS 60/23from Ch. 111, par. 4400-23
14    225 ILCS 60/24from Ch. 111, par. 4400-24
15    225 ILCS 60/25from Ch. 111, par. 4400-25
16    225 ILCS 60/35from Ch. 111, par. 4400-35
17    225 ILCS 60/36from Ch. 111, par. 4400-36
18    225 ILCS 60/37from Ch. 111, par. 4400-37
19    225 ILCS 60/38from Ch. 111, par. 4400-38
20    225 ILCS 60/39from Ch. 111, par. 4400-39
21    225 ILCS 60/40from Ch. 111, par. 4400-40
22    225 ILCS 60/41from Ch. 111, par. 4400-41
23    225 ILCS 60/42from Ch. 111, par. 4400-42
24    225 ILCS 60/47from Ch. 111, par. 4400-47
25    225 ILCS 60/8 rep.

 

 

HB4696- 79 -LRB101 16284 SPS 65657 b

1    225 ILCS 60/9.3 rep.
2    225 ILCS 60/44 rep.