093_HB0253 LRB093 04373 RLC 04423 b 1 AN ACT in relation to cloning. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Human Cloning Act. 6 Section 5. Purpose. It is the intent of the General 7 Assembly to place a moratorium on the cloning of an entire 8 human being, human embryo, or human fetus in order to 9 evaluate the profound medical, ethical, and social 10 implications that such a possibility raises. 11 Section 10. Human cloning prohibited. 12 (a) No person shall clone a human being. 13 (b) No person shall purchase, sell, use, or transport an 14 ovum, zygote, embryo, or fetus for the purpose of cloning a 15 human being. 16 (c) For purposes of this Section, "clone" means to 17 create or attempt to create using human somatic cell nucleus 18 transfer technology a human being, human embryo, or human 19 fetus by transferring the nucleus from a human somatic cell 20 into a human egg cell from which the nucleus has been removed 21 for any purpose regardless of whether or not the resulting 22 product could result in a human embryo, human fetus, or human 23 being and regardless of whether or not it is intended to be 24 implanted into a person and may or may not result in a 25 pregnancy and a birth of a human being. For purposes of this 26 Section, "clone" does not refer to duplicating or replicating 27 human DNA sequences, organs, tissues, or cells. 28 (d) Nothing in this Act shall be construed to restrict 29 or prohibit biomedical research using cloning technology that 30 is not expressly prohibited by this Act, including the -2- LRB093 04373 RLC 04423 b 1 cloning of human genes, cells, and tissues. 2 Section 15. For violations of Section 10, the Attorney 3 General may, after appropriate notice and opportunity for 4 hearing, by order, levy administrative penalties as follows: 5 (a) If the violator is a corporation, firm, clinic, 6 hospital, laboratory, or research facility, by a civil 7 penalty of not more than $1,000,000 or the applicable amount 8 under subsection (c), whichever is greater. 9 (b) If the violator is an individual, by a civil penalty 10 of not more than $250,000 or the applicable amount under 11 subsection (c), whichever is greater. 12 (c) If any violator derives pecuniary gain from a 13 violation of Section 10, the violator may be assessed a civil 14 penalty of not more than an amount equal to the amount of the 15 gross gain multiplied by 2. 16 (d) The administrative penalties shall be paid into the 17 General Revenue Fund. 18 Section 90. Repeal. This Act is repealed on January 1, 19 2009. 20 Section 105. The Department of Public Health Powers and 21 Duties Law of the Civil Administrative Code of Illinois is 22 amended by adding Section 2310-330.5 as follows: 23 (20 ILCS 2310/2310-330.5 new) 24 Sec. 2310-330.5. Revocation of registration of sperm 25 banks that violate the Human Cloning Act. The Department 26 shall revoke the registration of a sperm bank that violates 27 the Human Cloning Act. This Section is repealed on January 28 1, 2009. 29 Section 110. The Ambulatory Surgical Treatment Center -3- LRB093 04373 RLC 04423 b 1 Act is amended by adding Section 10f-5 as follows: 2 (210 ILCS 5/10f-5 new) 3 Sec. 10f-5. Revocation of license for violating the 4 Human Cloning Act. The Director shall revoke the license of 5 an ambulatory surgical treatment center that violates the 6 Human Cloning Act. This Section is repealed on January 1, 7 2009. 8 Section 115. The Hospital Licensing Act is amended by 9 adding Section 7.5 as follows: 10 (210 ILCS 85/7.6 new) 11 Sec. 7.6. Revocation of license for violation of the 12 Human Cloning Act. The Director shall revoke the license of 13 a hospital that violates the Human Cloning Act. This Section 14 is repealed on January 1, 2009. 15 Section 120. The Medical Practice Act of 1987 is amended 16 by changing Section 22 as follows: 17 (225 ILCS 60/22) (from Ch. 111, par. 4400-22) 18 Sec. 22. Disciplinary action. 19 (A) The Department may revoke, suspend, place on 20 probationary status, or take any other disciplinary action as 21 the Department may deem proper with regard to the license or 22 visiting professor permit of any person issued under this Act 23 to practice medicine, or to treat human ailments without the 24 use of drugs and without operative surgery upon any of the 25 following grounds: 26 (1) Performance of an elective abortion in any 27 place, locale, facility, or institution other than: 28 (a) a facility licensed pursuant to the 29 Ambulatory Surgical Treatment Center Act; -4- LRB093 04373 RLC 04423 b 1 (b) an institution licensed under the Hospital 2 Licensing Act; or 3 (c) an ambulatory surgical treatment center or 4 hospitalization or care facility maintained by the 5 State or any agency thereof, where such department 6 or agency has authority under law to establish and 7 enforce standards for the ambulatory surgical 8 treatment centers, hospitalization, or care 9 facilities under its management and control; or 10 (d) ambulatory surgical treatment centers, 11 hospitalization or care facilities maintained by the 12 Federal Government; or 13 (e) ambulatory surgical treatment centers, 14 hospitalization or care facilities maintained by any 15 university or college established under the laws of 16 this State and supported principally by public funds 17 raised by taxation. 18 (2) Performance of an abortion procedure in a 19 wilful and wanton manner on a woman who was not pregnant 20 at the time the abortion procedure was performed. 21 (3) The conviction of a felony in this or any other 22 jurisdiction, except as otherwise provided in subsection 23 B of this Section, whether or not related to practice 24 under this Act, or the entry of a guilty or nolo 25 contendere plea to a felony charge. 26 (4) Gross negligence in practice under this Act. 27 (5) Engaging in dishonorable, unethical or 28 unprofessional conduct of a character likely to deceive, 29 defraud or harm the public. 30 (6) Obtaining any fee by fraud, deceit, or 31 misrepresentation. 32 (7) Habitual or excessive use or abuse of drugs 33 defined in law as controlled substances, of alcohol, or 34 of any other substances which results in the inability to -5- LRB093 04373 RLC 04423 b 1 practice with reasonable judgment, skill or safety. 2 (8) Practicing under a false or, except as provided 3 by law, an assumed name. 4 (9) Fraud or misrepresentation in applying for, or 5 procuring, a license under this Act or in connection with 6 applying for renewal of a license under this Act. 7 (10) Making a false or misleading statement 8 regarding their skill or the efficacy or value of the 9 medicine, treatment, or remedy prescribed by them at 10 their direction in the treatment of any disease or other 11 condition of the body or mind. 12 (11) Allowing another person or organization to use 13 their license, procured under this Act, to practice. 14 (12) Disciplinary action of another state or 15 jurisdiction against a license or other authorization to 16 practice as a medical doctor, doctor of osteopathy, 17 doctor of osteopathic medicine or doctor of chiropractic, 18 a certified copy of the record of the action taken by the 19 other state or jurisdiction being prima facie evidence 20 thereof. 21 (13) Violation of any provision of this Act or of 22 the Medical Practice Act prior to the repeal of that Act, 23 or violation of the rules, or a final administrative 24 action of the Director, after consideration of the 25 recommendation of the Disciplinary Board. 26 (14) Dividing with anyone other than physicians 27 with whom the licensee practices in a partnership, 28 Professional Association, limited liability company, or 29 Medical or Professional Corporation any fee, commission, 30 rebate or other form of compensation for any professional 31 services not actually and personally rendered. Nothing 32 contained in this subsection prohibits persons holding 33 valid and current licenses under this Act from practicing 34 medicine in partnership under a partnership agreement, -6- LRB093 04373 RLC 04423 b 1 including a limited liability partnership, in a limited 2 liability company under the Limited Liability Company 3 Act, in a corporation authorized by the Medical 4 Corporation Act, as an association authorized by the 5 Professional Association Act, or in a corporation under 6 the Professional Corporation Act or from pooling, 7 sharing, dividing or apportioning the fees and monies 8 received by them or by the partnership, corporation or 9 association in accordance with the partnership agreement 10 or the policies of the Board of Directors of the 11 corporation or association. Nothing contained in this 12 subsection prohibits 2 or more corporations authorized by 13 the Medical Corporation Act, from forming a partnership 14 or joint venture of such corporations, and providing 15 medical, surgical and scientific research and knowledge 16 by employees of these corporations if such employees are 17 licensed under this Act, or from pooling, sharing, 18 dividing, or apportioning the fees and monies received by 19 the partnership or joint venture in accordance with the 20 partnership or joint venture agreement. Nothing 21 contained in this subsection shall abrogate the right of 22 2 or more persons, holding valid and current licenses 23 under this Act, to each receive adequate compensation for 24 concurrently rendering professional services to a patient 25 and divide a fee; provided, the patient has full 26 knowledge of the division, and, provided, that the 27 division is made in proportion to the services performed 28 and responsibility assumed by each. 29 (15) A finding by the Medical Disciplinary Board 30 that the registrant after having his or her license 31 placed on probationary status or subjected to conditions 32 or restrictions violated the terms of the probation or 33 failed to comply with such terms or conditions. 34 (16) Abandonment of a patient. -7- LRB093 04373 RLC 04423 b 1 (17) Prescribing, selling, administering, 2 distributing, giving or self-administering any drug 3 classified as a controlled substance (designated product) 4 or narcotic for other than medically accepted therapeutic 5 purposes. 6 (18) Promotion of the sale of drugs, devices, 7 appliances or goods provided for a patient in such manner 8 as to exploit the patient for financial gain of the 9 physician. 10 (19) Offering, undertaking or agreeing to cure or 11 treat disease by a secret method, procedure, treatment or 12 medicine, or the treating, operating or prescribing for 13 any human condition by a method, means or procedure which 14 the licensee refuses to divulge upon demand of the 15 Department. 16 (20) Immoral conduct in the commission of any act 17 including, but not limited to, commission of an act of 18 sexual misconduct related to the licensee's practice. 19 (21) Wilfully making or filing false records or 20 reports in his or her practice as a physician, including, 21 but not limited to, false records to support claims 22 against the medical assistance program of the Department 23 of Public Aid under the Illinois Public Aid Code. 24 (22) Wilful omission to file or record, or wilfully 25 impeding the filing or recording, or inducing another 26 person to omit to file or record, medical reports as 27 required by law, or wilfully failing to report an 28 instance of suspected abuse or neglect as required by 29 law. 30 (23) Being named as a perpetrator in an indicated 31 report by the Department of Children and Family Services 32 under the Abused and Neglected Child Reporting Act, and 33 upon proof by clear and convincing evidence that the 34 licensee has caused a child to be an abused child or -8- LRB093 04373 RLC 04423 b 1 neglected child as defined in the Abused and Neglected 2 Child Reporting Act. 3 (24) Solicitation of professional patronage by any 4 corporation, agents or persons, or profiting from those 5 representing themselves to be agents of the licensee. 6 (25) Gross and wilful and continued overcharging 7 for professional services, including filing false 8 statements for collection of fees for which services are 9 not rendered, including, but not limited to, filing such 10 false statements for collection of monies for services 11 not rendered from the medical assistance program of the 12 Department of Public Aid under the Illinois Public Aid 13 Code. 14 (26) A pattern of practice or other behavior which 15 demonstrates incapacity or incompetence to practice under 16 this Act. 17 (27) Mental illness or disability which results in 18 the inability to practice under this Act with reasonable 19 judgment, skill or safety. 20 (28) Physical illness, including, but not limited 21 to, deterioration through the aging process, or loss of 22 motor skill which results in a physician's inability to 23 practice under this Act with reasonable judgment, skill 24 or safety. 25 (29) Cheating on or attempt to subvert the 26 licensing examinations administered under this Act. 27 (30) Wilfully or negligently violating the 28 confidentiality between physician and patient except as 29 required by law. 30 (31) The use of any false, fraudulent, or deceptive 31 statement in any document connected with practice under 32 this Act. 33 (32) Aiding and abetting an individual not licensed 34 under this Act in the practice of a profession licensed -9- LRB093 04373 RLC 04423 b 1 under this Act. 2 (33) Violating state or federal laws or regulations 3 relating to controlled substances. 4 (34) Failure to report to the Department any 5 adverse final action taken against them by another 6 licensing jurisdiction (any other state or any territory 7 of the United States or any foreign state or country), by 8 any peer review body, by any health care institution, by 9 any professional society or association related to 10 practice under this Act, by any governmental agency, by 11 any law enforcement agency, or by any court for acts or 12 conduct similar to acts or conduct which would constitute 13 grounds for action as defined in this Section. 14 (35) Failure to report to the Department surrender 15 of a license or authorization to practice as a medical 16 doctor, a doctor of osteopathy, a doctor of osteopathic 17 medicine, or doctor of chiropractic in another state or 18 jurisdiction, or surrender of membership on any medical 19 staff or in any medical or professional association or 20 society, while under disciplinary investigation by any of 21 those authorities or bodies, for acts or conduct similar 22 to acts or conduct which would constitute grounds for 23 action as defined in this Section. 24 (36) Failure to report to the Department any 25 adverse judgment, settlement, or award arising from a 26 liability claim related to acts or conduct similar to 27 acts or conduct which would constitute grounds for action 28 as defined in this Section. 29 (37) Failure to transfer copies of medical records 30 as required by law. 31 (38) Failure to furnish the Department, its 32 investigators or representatives, relevant information, 33 legally requested by the Department after consultation 34 with the Chief Medical Coordinator or the Deputy Medical -10- LRB093 04373 RLC 04423 b 1 Coordinator. 2 (39) Violating the Health Care Worker Self-Referral 3 Act. 4 (40) Willful failure to provide notice when notice 5 is required under the Parental Notice of Abortion Act of 6 1995. 7 (41) Failure to establish and maintain records of 8 patient care and treatment as required by this law. 9 (42) Entering into an excessive number of written 10 collaborative agreements with licensed advanced practice 11 nurses resulting in an inability to adequately 12 collaborate and provide medical direction. 13 (43) Repeated failure to adequately collaborate 14 with or provide medical direction to a licensed advanced 15 practice nurse. 16 (44) Violating the Human Cloning Act. This item 17 (44) is inoperative upon the repeal of the Human Cloning 18 Act. 19 All proceedings to suspend, revoke, place on probationary 20 status, or take any other disciplinary action as the 21 Department may deem proper, with regard to a license on any 22 of the foregoing grounds, must be commenced within 3 years 23 next after receipt by the Department of a complaint alleging 24 the commission of or notice of the conviction order for any 25 of the acts described herein. Except for the grounds 26 numbered (8), (9) and (29), no action shall be commenced more 27 than 5 years after the date of the incident or act alleged to 28 have violated this Section. In the event of the settlement 29 of any claim or cause of action in favor of the claimant or 30 the reduction to final judgment of any civil action in favor 31 of the plaintiff, such claim, cause of action or civil action 32 being grounded on the allegation that a person licensed under 33 this Act was negligent in providing care, the Department 34 shall have an additional period of one year from the date of -11- LRB093 04373 RLC 04423 b 1 notification to the Department under Section 23 of this Act 2 of such settlement or final judgment in which to investigate 3 and commence formal disciplinary proceedings under Section 36 4 of this Act, except as otherwise provided by law. The time 5 during which the holder of the license was outside the State 6 of Illinois shall not be included within any period of time 7 limiting the commencement of disciplinary action by the 8 Department. 9 The entry of an order or judgment by any circuit court 10 establishing that any person holding a license under this Act 11 is a person in need of mental treatment operates as a 12 suspension of that license. That person may resume their 13 practice only upon the entry of a Departmental order based 14 upon a finding by the Medical Disciplinary Board that they 15 have been determined to be recovered from mental illness by 16 the court and upon the Disciplinary Board's recommendation 17 that they be permitted to resume their practice. 18 The Department may refuse to issue or take disciplinary 19 action concerning the license of any person who fails to file 20 a return, or to pay the tax, penalty or interest shown in a 21 filed return, or to pay any final assessment of tax, penalty 22 or interest, as required by any tax Act administered by the 23 Illinois Department of Revenue, until such time as the 24 requirements of any such tax Act are satisfied as determined 25 by the Illinois Department of Revenue. 26 The Department, upon the recommendation of the 27 Disciplinary Board, shall adopt rules which set forth 28 standards to be used in determining: 29 (a) when a person will be deemed sufficiently 30 rehabilitated to warrant the public trust; 31 (b) what constitutes dishonorable, unethical or 32 unprofessional conduct of a character likely to deceive, 33 defraud, or harm the public; 34 (c) what constitutes immoral conduct in the -12- LRB093 04373 RLC 04423 b 1 commission of any act, including, but not limited to, 2 commission of an act of sexual misconduct related to the 3 licensee's practice; and 4 (d) what constitutes gross negligence in the 5 practice of medicine. 6 However, no such rule shall be admissible into evidence 7 in any civil action except for review of a licensing or other 8 disciplinary action under this Act. 9 In enforcing this Section, the Medical Disciplinary 10 Board, upon a showing of a possible violation, may compel any 11 individual licensed to practice under this Act, or who has 12 applied for licensure or a permit pursuant to this Act, to 13 submit to a mental or physical examination, or both, as 14 required by and at the expense of the Department. The 15 examining physician or physicians shall be those specifically 16 designated by the Disciplinary Board. The Medical 17 Disciplinary Board or the Department may order the examining 18 physician to present testimony concerning this mental or 19 physical examination of the licensee or applicant. No 20 information shall be excluded by reason of any common law or 21 statutory privilege relating to communication between the 22 licensee or applicant and the examining physician. The 23 individual to be examined may have, at his or her own 24 expense, another physician of his or her choice present 25 during all aspects of the examination. Failure of any 26 individual to submit to mental or physical examination, when 27 directed, shall be grounds for suspension of his or her 28 license until such time as the individual submits to the 29 examination if the Disciplinary Board finds, after notice and 30 hearing, that the refusal to submit to the examination was 31 without reasonable cause. If the Disciplinary Board finds a 32 physician unable to practice because of the reasons set forth 33 in this Section, the Disciplinary Board shall require such 34 physician to submit to care, counseling, or treatment by -13- LRB093 04373 RLC 04423 b 1 physicians approved or designated by the Disciplinary Board, 2 as a condition for continued, reinstated, or renewed 3 licensure to practice. Any physician, whose license was 4 granted pursuant to Sections 9, 17, or 19 of this Act, or, 5 continued, reinstated, renewed, disciplined or supervised, 6 subject to such terms, conditions or restrictions who shall 7 fail to comply with such terms, conditions or restrictions, 8 or to complete a required program of care, counseling, or 9 treatment, as determined by the Chief Medical Coordinator or 10 Deputy Medical Coordinators, shall be referred to the 11 Director for a determination as to whether the licensee shall 12 have their license suspended immediately, pending a hearing 13 by the Disciplinary Board. In instances in which the 14 Director immediately suspends a license under this Section, a 15 hearing upon such person's license must be convened by the 16 Disciplinary Board within 15 days after such suspension and 17 completed without appreciable delay. The Disciplinary Board 18 shall have the authority to review the subject physician's 19 record of treatment and counseling regarding the impairment, 20 to the extent permitted by applicable federal statutes and 21 regulations safeguarding the confidentiality of medical 22 records. 23 An individual licensed under this Act, affected under 24 this Section, shall be afforded an opportunity to demonstrate 25 to the Disciplinary Board that they can resume practice in 26 compliance with acceptable and prevailing standards under the 27 provisions of their license. 28 The Department may promulgate rules for the imposition of 29 fines in disciplinary cases, not to exceed $5,000 for each 30 violation of this Act. Fines may be imposed in conjunction 31 with other forms of disciplinary action, but shall not be the 32 exclusive disposition of any disciplinary action arising out 33 of conduct resulting in death or injury to a patient. Any 34 funds collected from such fines shall be deposited in the -14- LRB093 04373 RLC 04423 b 1 Medical Disciplinary Fund. 2 (B) The Department shall revoke the license or visiting 3 permit of any person issued under this Act to practice 4 medicine or to treat human ailments without the use of drugs 5 and without operative surgery, who has been convicted a 6 second time of committing any felony under the Illinois 7 Controlled Substances Act, or who has been convicted a second 8 time of committing a Class 1 felony under Sections 8A-3 and 9 8A-6 of the Illinois Public Aid Code. A person whose license 10 or visiting permit is revoked under this subsection B of 11 Section 22 of this Act shall be prohibited from practicing 12 medicine or treating human ailments without the use of drugs 13 and without operative surgery. 14 (C) The Medical Disciplinary Board shall recommend to 15 the Department civil penalties and any other appropriate 16 discipline in disciplinary cases when the Board finds that a 17 physician willfully performed an abortion with actual 18 knowledge that the person upon whom the abortion has been 19 performed is a minor or an incompetent person without notice 20 as required under the Parental Notice of Abortion Act of 21 1995. Upon the Board's recommendation, the Department shall 22 impose, for the first violation, a civil penalty of $1,000 23 and for a second or subsequent violation, a civil penalty of 24 $5,000. 25 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 26 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 27 8-13-98.) 28 Section 125. The Criminal Code of 1961 is amended by 29 adding Section 12-36 as follows: 30 (720 ILCS 5/12-36 new) 31 Sec. 12-36. Criminal cloning of humans. 32 (a) No person shall engage in activity which involves -15- LRB093 04373 RLC 04423 b 1 the use of a human somatic cell nucleus transfer technology 2 to produce a human embryo for the purpose of producing a 3 human clone. 4 (b) Sentence. A violation of this Section is a Class 4 5 felony. 6 (c) Definition. For purposes of this Section, "human 7 clone" means a human being created by transferring the 8 nucleus from a human somatic cell into a human egg cell from 9 which the nucleus has been removed for any purpose regardless 10 of whether or not the resulting product could result in a 11 human embryo, human fetus, or human being, and regardless of 12 whether or not it is intended to be implanted into a person 13 and may or may not result in a pregnancy and a birth of a 14 human being. For the purposes of this Section, "clone" does 15 not refer to duplicating or replicating human DNA sequences, 16 organs, tissues, or cells. 17 (d) Nothing in this Section shall be construed to 18 restrict or prohibit biomedical research using cloning 19 technology that is not expressly prohibited by this Section, 20 including the cloning of human genes, cells, and tissues. 21 (e) Repealed. This Section is repealed on January 1, 22 2009.