Sen. Dale A. Righter
Filed: 11/17/2004
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1 | AMENDMENT TO HOUSE BILL 3589
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2 | AMENDMENT NO. ______. Amend House Bill 3589 by replacing | ||||||
3 | the title with the following:
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4 | "AN ACT in relation to health."; and
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5 | by replacing everything after the enacting clause with the | ||||||
6 | following: | ||||||
7 | "ARTICLE 1 | ||||||
8 | Section 1-1. Short title. This Article may be cited as the | ||||||
9 | Stem Cell Research Law.
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10 | Section 1-5. Declaration of findings. The General Assembly | ||||||
11 | finds and declares
all of the following:
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12 | (1) An estimated 128 million Americans suffer from the | ||||||
13 | crippling economic
and psychological burden of chronic, | ||||||
14 | degenerative, and acute diseases,
including diabetes, | ||||||
15 | Parkinson's disease, cancer, and Alzheimer's disease.
| ||||||
16 | (2) The costs of treatment and lost productivity of | ||||||
17 | chronic,
degenerative, and acute diseases in the United | ||||||
18 | States constitutes hundreds of
billions of dollars every | ||||||
19 | year. Estimates of the economic costs of these
diseases do | ||||||
20 | not account for the extreme human loss and suffering | ||||||
21 | associated
with these conditions.
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| |||||||
1 | (3) Stem cell research offers immense promise for | ||||||
2 | developing new medical
therapies for these debilitating | ||||||
3 | diseases and a critical means to explore
fundamental | ||||||
4 | questions of biology. Stem cell research could lead to
| ||||||
5 | unprecedented treatments and potential cures for diabetes, | ||||||
6 | Alzheimer's disease,
cancer, and other diseases.
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7 | (4) The United States has historically been a haven for | ||||||
8 | open scientific
inquiry and technological innovation, and | ||||||
9 | this environment, coupled with the
commitment of public and | ||||||
10 | private resources, has made the United States the
| ||||||
11 | preeminent world leader in biomedicine and biotechnology.
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12 | (5) Stem cell research raises significant ethical and | ||||||
13 | policy concerns, and, while
not unique, the ethical and | ||||||
14 | policy concerns associated with stem cell research
must be | ||||||
15 | carefully considered.
| ||||||
16 | (6) Public policy on stem cell research must balance | ||||||
17 | ethical and medical
considerations. The policy must be | ||||||
18 | based on an understanding of the science
associated with | ||||||
19 | stem cell research and grounded on a thorough consideration | ||||||
20 | of
the ethical concerns regarding this research. Public | ||||||
21 | policy on stem cell
research must be carefully crafted to | ||||||
22 | ensure that researchers have the tools
necessary to fulfill | ||||||
23 | the promise of stem cell research.
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24 | Section 1-10. Policy permitting research. The policy of | ||||||
25 | the State of Illinois
shall be as follows:
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26 | (1) That research involving the derivation and use of | ||||||
27 | stem
cells shall be permitted and that
the ethical and | ||||||
28 | medical implications of this research shall be given full
| ||||||
29 | consideration.
| ||||||
30 | (2) That research involving the use of stem
cells shall | ||||||
31 | be reviewed by an approved
institutional review board, as | ||||||
32 | determined by the Department of Public Health.
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1 | ARTICLE 5 | ||||||
2 | Section 5-1. Short title. This Article may be cited as the | ||||||
3 | Human Cloning Law.
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4 | Section 5-5. Purpose. It is the intent of the General | ||||||
5 | Assembly to place a
moratorium on the cloning of an entire | ||||||
6 | human being, human embryo, or human
fetus in order
to evaluate | ||||||
7 | the profound medical, ethical, and social implications
that | ||||||
8 | such a possibility raises.
| ||||||
9 | Section 5-10. Human cloning prohibited.
| ||||||
10 | (a) No person shall clone a human being.
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11 | (b) No person shall purchase, sell, use, or transport an | ||||||
12 | ovum, zygote,
embryo, or
fetus for the purpose of cloning a | ||||||
13 | human being.
| ||||||
14 | (c) For purposes of this Section, "clone" means to create | ||||||
15 | or attempt to
create using human
somatic cell nucleus transfer | ||||||
16 | technology a human being, human embryo, or human
fetus by
| ||||||
17 | transferring the
nucleus from a human cell from whatever source | ||||||
18 | into a human egg cell
from which the nucleus has been
removed | ||||||
19 | for any purpose regardless of whether or not the resulting | ||||||
20 | product
could result in a human embryo, human fetus, or human | ||||||
21 | being and regardless of
whether or not it is intended to be | ||||||
22 | implanted into a person and may or may not
result in a | ||||||
23 | pregnancy and a birth of a human being. For purposes of this
| ||||||
24 | Section, "clone" does not refer to duplicating or replicating | ||||||
25 | human DNA
sequences, organs, tissues, or cells.
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26 | (d) Nothing in this Law shall be construed to restrict or | ||||||
27 | prohibit
biomedical research using cloning technology
that is | ||||||
28 | not expressly prohibited by this Law,
including the cloning of | ||||||
29 | human
genes, cells,
and tissues.
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30 | Section 5-15. Administrative penalties. For violations of |
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1 | Section 5-10, the Attorney General may, after
appropriate | ||||||
2 | notice and opportunity for
hearing, by order, levy | ||||||
3 | administrative penalties as follows:
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4 | (a) If the violator is a corporation, firm, clinic, | ||||||
5 | hospital,
laboratory, or research facility, by a civil penalty | ||||||
6 | of not more than
$1,000,000 or the applicable amount under
| ||||||
7 | subsection (c), whichever is greater.
| ||||||
8 | (b) If the violator is an individual, by a civil penalty of | ||||||
9 | not
more than $250,000 or the
applicable amount under | ||||||
10 | subsection (c), whichever is greater.
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11 | (c) If any violator derives pecuniary gain from a violation | ||||||
12 | of
Section 10, the violator may be assessed a civil penalty of | ||||||
13 | not
more than an amount equal to the amount of the gross gain | ||||||
14 | multiplied
by 2.
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15 | (d) The administrative penalties shall be paid into the | ||||||
16 | General Revenue
Fund.
| ||||||
17 | Section 5-90. Repeal. This Law is repealed on January 1, | ||||||
18 | 2009.
| ||||||
19 | Section 5-905. The Department of Public Health Powers and | ||||||
20 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
21 | amended by adding
Section 2310-330.5 as follows:
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22 | (20 ILCS 2310/2310-330.5 new)
| ||||||
23 | Sec. 2310-330.5. Revocation of registration of sperm banks | ||||||
24 | that violate
the
Human Cloning Law. The Department shall revoke | ||||||
25 | the registration of a sperm
bank that violates the Human | ||||||
26 | Cloning Law. This Section is repealed on
January 1, 2009.
| ||||||
27 | Section 5-910. The Ambulatory Surgical Treatment Center | ||||||
28 | Act is amended by
adding Section 10f-5 as follows:
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29 | (210 ILCS 5/10f-5 new)
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1 | Sec. 10f-5. Revocation of license for violating the Human | ||||||
2 | Cloning Law. The Director shall revoke the license of an | ||||||
3 | ambulatory surgical treatment
center that violates the Human | ||||||
4 | Cloning Law. This Section is repealed on
January 1, 2009.
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5 | Section 5-915. The Hospital Licensing Act is amended by | ||||||
6 | adding Section 7.6 as
follows:
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7 | (210 ILCS 85/7.6 new)
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8 | Sec. 7.6. Revocation of license for violation of the Human | ||||||
9 | Cloning Law. The Director shall revoke the license of a | ||||||
10 | hospital that violates the Human
Cloning Law. This Section is | ||||||
11 | repealed on January 1, 2009.
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12 | Section 5-920. The Medical Practice Act of 1987 is amended | ||||||
13 | by changing
Section 22 as follows:
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14 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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15 | Sec. 22. Disciplinary action.
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16 | (A) The Department may revoke, suspend, place on | ||||||
17 | probationary
status, or take any other disciplinary action as | ||||||
18 | the Department may deem proper
with regard to the license or | ||||||
19 | visiting professor permit of any person issued
under this Act | ||||||
20 | to practice medicine, or to treat human ailments without the | ||||||
21 | use
of drugs and without operative surgery upon any of the | ||||||
22 | following grounds:
| ||||||
23 | (1) Performance of an elective abortion in any place, | ||||||
24 | locale,
facility, or
institution other than:
| ||||||
25 | (a) a facility licensed pursuant to the Ambulatory | ||||||
26 | Surgical Treatment
Center Act;
| ||||||
27 | (b) an institution licensed under the Hospital | ||||||
28 | Licensing Act; or
| ||||||
29 | (c) an ambulatory surgical treatment center or | ||||||
30 | hospitalization or care
facility maintained by the |
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1 | State or any agency thereof, where such department
or | ||||||
2 | agency has authority under law to establish and enforce | ||||||
3 | standards for the
ambulatory surgical treatment | ||||||
4 | centers, hospitalization, or care facilities
under its | ||||||
5 | management and control; or
| ||||||
6 | (d) ambulatory surgical treatment centers, | ||||||
7 | hospitalization or care
facilities maintained by the | ||||||
8 | Federal Government; or
| ||||||
9 | (e) ambulatory surgical treatment centers, | ||||||
10 | hospitalization or care
facilities maintained by any | ||||||
11 | university or college established under the laws
of | ||||||
12 | this State and supported principally by public funds | ||||||
13 | raised by
taxation.
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14 | (2) Performance of an abortion procedure in a wilful | ||||||
15 | and wanton
manner on a
woman who was not pregnant at the | ||||||
16 | time the abortion procedure was
performed.
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17 | (3) The conviction of a felony in this or any other
| ||||||
18 | jurisdiction, except as
otherwise provided in subsection B | ||||||
19 | of this Section, whether or not related to
practice under | ||||||
20 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
21 | to a
felony charge.
| ||||||
22 | (4) Gross negligence in practice under this Act.
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23 | (5) Engaging in dishonorable, unethical or | ||||||
24 | unprofessional
conduct of a
character likely to deceive, | ||||||
25 | defraud or harm the public.
| ||||||
26 | (6) Obtaining any fee by fraud, deceit, or
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27 | misrepresentation.
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28 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
29 | in law
as
controlled substances, of alcohol, or of any | ||||||
30 | other substances which results in
the inability to practice | ||||||
31 | with reasonable judgment, skill or safety.
| ||||||
32 | (8) Practicing under a false or, except as provided by | ||||||
33 | law, an
assumed
name.
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34 | (9) Fraud or misrepresentation in applying for, or |
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1 | procuring, a
license
under this Act or in connection with | ||||||
2 | applying for renewal of a license under
this Act.
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3 | (10) Making a false or misleading statement regarding | ||||||
4 | their
skill or the
efficacy or value of the medicine, | ||||||
5 | treatment, or remedy prescribed by them at
their direction | ||||||
6 | in the treatment of any disease or other condition of the | ||||||
7 | body
or mind.
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8 | (11) Allowing another person or organization to use | ||||||
9 | their
license, procured
under this Act, to practice.
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10 | (12) Disciplinary action of another state or | ||||||
11 | jurisdiction
against a license
or other authorization to | ||||||
12 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
13 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
14 | certified copy of the record of the action taken by
the | ||||||
15 | other state or jurisdiction being prima facie evidence | ||||||
16 | thereof.
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17 | (13) Violation of any provision of this Act or of the | ||||||
18 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
19 | violation of the rules, or a final
administrative action of | ||||||
20 | the Director, after consideration of the
recommendation of | ||||||
21 | the Disciplinary Board.
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22 | (14) Dividing with anyone other than physicians with | ||||||
23 | whom the
licensee
practices in a partnership, Professional | ||||||
24 | Association, limited liability
company, or Medical or | ||||||
25 | Professional
Corporation any fee, commission, rebate or | ||||||
26 | other form of compensation for any
professional services | ||||||
27 | not actually and personally rendered. Nothing contained
in | ||||||
28 | this subsection prohibits persons holding valid and | ||||||
29 | current licenses under
this Act from practicing medicine in | ||||||
30 | partnership under a partnership
agreement, including a | ||||||
31 | limited liability partnership, in a limited liability
| ||||||
32 | company under the Limited Liability Company Act, in a | ||||||
33 | corporation authorized by
the Medical Corporation Act, as | ||||||
34 | an
association authorized by the Professional Association |
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1 | Act, or in a
corporation under the
Professional Corporation | ||||||
2 | Act or from pooling, sharing, dividing or
apportioning the | ||||||
3 | fees and monies received by them or by the partnership,
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4 | corporation or association in accordance with the | ||||||
5 | partnership agreement or the
policies of the Board of | ||||||
6 | Directors of the corporation or association. Nothing
| ||||||
7 | contained in this subsection prohibits 2 or more | ||||||
8 | corporations authorized by the
Medical Corporation Act, | ||||||
9 | from forming a partnership or joint venture of such
| ||||||
10 | corporations, and providing medical, surgical and | ||||||
11 | scientific research and
knowledge by employees of these | ||||||
12 | corporations if such employees are licensed
under this Act, | ||||||
13 | or from pooling, sharing, dividing, or apportioning the | ||||||
14 | fees
and monies received by the partnership or joint | ||||||
15 | venture in accordance with the
partnership or joint venture | ||||||
16 | agreement. Nothing contained in this subsection
shall | ||||||
17 | abrogate the right of 2 or more persons, holding valid and | ||||||
18 | current
licenses under this Act, to each receive adequate | ||||||
19 | compensation for concurrently
rendering professional | ||||||
20 | services to a patient and divide a fee; provided, the
| ||||||
21 | patient has full knowledge of the division, and, provided, | ||||||
22 | that the division is
made in proportion to the services | ||||||
23 | performed and responsibility assumed by
each.
| ||||||
24 | (15) A finding by the Medical Disciplinary Board that | ||||||
25 | the
registrant after
having his or her license placed on | ||||||
26 | probationary status or subjected to
conditions or | ||||||
27 | restrictions violated the terms of the probation or failed | ||||||
28 | to
comply with such terms or conditions.
| ||||||
29 | (16) Abandonment of a patient.
| ||||||
30 | (17) Prescribing, selling, administering, | ||||||
31 | distributing, giving
or
self-administering any drug | ||||||
32 | classified as a controlled substance (designated
product) | ||||||
33 | or narcotic for other than medically accepted therapeutic
| ||||||
34 | purposes.
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1 | (18) Promotion of the sale of drugs, devices, | ||||||
2 | appliances or
goods provided
for a patient in such manner | ||||||
3 | as to exploit the patient for financial gain of
the | ||||||
4 | physician.
| ||||||
5 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
6 | disease by a secret
method, procedure, treatment or | ||||||
7 | medicine, or the treating, operating or
prescribing for any | ||||||
8 | human condition by a method, means or procedure which the
| ||||||
9 | licensee refuses to divulge upon demand of the Department.
| ||||||
10 | (20) Immoral conduct in the commission of any act | ||||||
11 | including,
but not limited to, commission of an act of | ||||||
12 | sexual misconduct related to the
licensee's
practice.
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13 | (21) Wilfully making or filing false records or reports | ||||||
14 | in his
or her
practice as a physician, including, but not | ||||||
15 | limited to, false records to
support claims against the | ||||||
16 | medical assistance program of the Department of
Public Aid | ||||||
17 | under the Illinois Public Aid Code.
| ||||||
18 | (22) Wilful omission to file or record, or wilfully | ||||||
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 wilfully 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 | ||||||
27 | licensee has
caused a child to be an abused child or | ||||||
28 | neglected child as defined in the
Abused and Neglected | ||||||
29 | Child Reporting Act.
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30 | (24) Solicitation of professional patronage by any
| ||||||
31 | corporation, agents or
persons, or profiting from those | ||||||
32 | representing themselves to be agents of the
licensee.
| ||||||
33 | (25) Gross and wilful and continued overcharging for
| ||||||
34 | professional services,
including filing false statements |
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1 | for collection of fees for which services are
not rendered, | ||||||
2 | including, but not limited to, filing such false statements | ||||||
3 | for
collection of monies for services not rendered from the | ||||||
4 | medical assistance
program of the Department of Public Aid | ||||||
5 | under the Illinois Public Aid
Code.
| ||||||
6 | (26) A pattern of practice or other behavior which
| ||||||
7 | demonstrates incapacity
or incompetence to practice under | ||||||
8 | this Act.
| ||||||
9 | (27) Mental illness or disability which results in the
| ||||||
10 | inability to
practice under this Act with reasonable | ||||||
11 | judgment, skill or safety.
| ||||||
12 | (28) Physical illness, including, but not limited to,
| ||||||
13 | deterioration through
the aging process, or loss of motor | ||||||
14 | skill which results in a physician's
inability to practice | ||||||
15 | under this Act with reasonable judgment, skill or
safety.
| ||||||
16 | (29) Cheating on or attempt to subvert the licensing
| ||||||
17 | examinations
administered under this Act.
| ||||||
18 | (30) Wilfully or negligently violating the | ||||||
19 | confidentiality
between
physician and patient except as | ||||||
20 | required by law.
| ||||||
21 | (31) The use of any false, fraudulent, or deceptive | ||||||
22 | statement
in any
document connected with practice under | ||||||
23 | this Act.
| ||||||
24 | (32) Aiding and abetting an individual not licensed | ||||||
25 | under this
Act in the
practice of a profession licensed | ||||||
26 | under this Act.
| ||||||
27 | (33) Violating state or federal laws or regulations | ||||||
28 | relating
to controlled
substances.
| ||||||
29 | (34) Failure to report to the Department any adverse | ||||||
30 | final
action taken
against them by another licensing | ||||||
31 | jurisdiction (any other state or any
territory of the | ||||||
32 | United States or any foreign state or country), by any peer
| ||||||
33 | review body, by any health care institution, by any | ||||||
34 | professional society or
association related to practice |
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| |||||||
1 | under this Act, by any governmental agency, by
any law | ||||||
2 | enforcement agency, or by any court for acts or conduct | ||||||
3 | similar to acts
or conduct which would constitute grounds | ||||||
4 | for action as defined in this
Section.
| ||||||
5 | (35) Failure to report to the Department surrender of a
| ||||||
6 | license or
authorization to practice as a medical doctor, a | ||||||
7 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
8 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
9 | surrender of membership on
any medical staff or in any | ||||||
10 | medical or professional association or society,
while | ||||||
11 | under disciplinary investigation by any of those | ||||||
12 | authorities or bodies,
for acts or conduct similar to acts | ||||||
13 | or conduct which would constitute grounds
for action as | ||||||
14 | defined in this Section.
| ||||||
15 | (36) Failure to report to the Department any adverse | ||||||
16 | judgment,
settlement,
or award arising from a liability | ||||||
17 | claim related to acts or conduct similar to
acts or conduct | ||||||
18 | which would constitute grounds for action as defined in | ||||||
19 | this
Section.
| ||||||
20 | (37) Failure to transfer copies of medical records as | ||||||
21 | required
by law.
| ||||||
22 | (38) Failure to furnish the Department, its | ||||||
23 | investigators or
representatives, relevant information, | ||||||
24 | legally requested by the Department
after consultation | ||||||
25 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
26 | Coordinator.
| ||||||
27 | (39) Violating the Health Care Worker Self-Referral
| ||||||
28 | Act.
| ||||||
29 | (40) Willful failure to provide notice when notice is | ||||||
30 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
31 | (41) Failure to establish and maintain records of | ||||||
32 | patient care and
treatment as required by this law.
| ||||||
33 | (42) Entering into an excessive number of written | ||||||
34 | collaborative
agreements with licensed advanced practice |
| |||||||
| |||||||
1 | nurses resulting in an inability to
adequately collaborate | ||||||
2 | and provide medical direction.
| ||||||
3 | (43) Repeated failure to adequately collaborate with | ||||||
4 | or
provide medical
direction to a licensed advanced | ||||||
5 | practice nurse.
| ||||||
6 | (44) Violating the Human Cloning Law. This item (44) is | ||||||
7 | inoperative
upon the repeal of the Human Cloning Law.
| ||||||
8 | All proceedings to suspend,
revoke, place on probationary | ||||||
9 | status, or take any
other disciplinary action as the Department | ||||||
10 | may deem proper, with regard to a
license on any of the | ||||||
11 | foregoing grounds, must be commenced within 3 years next
after | ||||||
12 | receipt by the Department of a complaint alleging the | ||||||
13 | commission of or
notice of the conviction order for any of the | ||||||
14 | acts described herein. Except
for the grounds numbered (8), (9) | ||||||
15 | and (29), no action shall be commenced more
than 5 years after | ||||||
16 | the date of the incident or act alleged to have violated
this | ||||||
17 | Section. In the event of the settlement of any claim or cause | ||||||
18 | of action
in favor of the claimant or the reduction to final | ||||||
19 | judgment of any civil action
in favor of the plaintiff, such | ||||||
20 | claim, cause of action or civil action being
grounded on the | ||||||
21 | allegation that a person licensed under this Act was negligent
| ||||||
22 | in providing care, the Department shall have an additional | ||||||
23 | period of one year
from the date of notification to the | ||||||
24 | Department under Section 23 of this Act
of such settlement or | ||||||
25 | final judgment in which to investigate and
commence formal | ||||||
26 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
27 | as otherwise provided by law. The time during which the holder | ||||||
28 | of the license
was outside the State of Illinois shall not be | ||||||
29 | included within any period of
time limiting the commencement of | ||||||
30 | disciplinary action by the Department.
| ||||||
31 | The entry of an order or judgment by any circuit court | ||||||
32 | establishing that any
person holding a license under this Act | ||||||
33 | is a person in need of mental treatment
operates as a | ||||||
34 | suspension of that license. That person may resume their
|
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| |||||||
1 | practice only upon the entry of a Departmental order based upon | ||||||
2 | a finding by
the Medical Disciplinary Board that they have been | ||||||
3 | determined to be recovered
from mental illness by the court and | ||||||
4 | upon the Disciplinary Board's
recommendation that they be | ||||||
5 | permitted to resume their practice.
| ||||||
6 | The Department may refuse to issue or take disciplinary | ||||||
7 | action concerning the license of any person
who fails to file a | ||||||
8 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
9 | return, or to pay any final assessment of tax, penalty or | ||||||
10 | interest, as
required by any tax Act administered by the | ||||||
11 | Illinois Department of Revenue,
until such time as the | ||||||
12 | requirements of any such tax Act are satisfied as
determined by | ||||||
13 | the Illinois Department of Revenue.
| ||||||
14 | The Department, upon the recommendation of the | ||||||
15 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
16 | to be used in determining:
| ||||||
17 | (a) when a person will be deemed sufficiently | ||||||
18 | rehabilitated to warrant the
public trust;
| ||||||
19 | (b) what constitutes dishonorable, unethical or | ||||||
20 | unprofessional conduct of
a character likely to deceive, | ||||||
21 | defraud, or harm the public;
| ||||||
22 | (c) what constitutes immoral conduct in the commission | ||||||
23 | of any act,
including, but not limited to, commission of an | ||||||
24 | act of sexual misconduct
related
to the licensee's | ||||||
25 | practice; and
| ||||||
26 | (d) what constitutes gross negligence in the practice | ||||||
27 | of medicine.
| ||||||
28 | However, no such rule shall be admissible into evidence in | ||||||
29 | any civil action
except for review of a licensing or other | ||||||
30 | disciplinary action under this Act.
| ||||||
31 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
32 | upon a showing of a possible violation, may compel any | ||||||
33 | individual licensed to
practice under this Act, or who has | ||||||
34 | applied for licensure or a permit
pursuant to this Act, to |
| |||||||
| |||||||
1 | submit to a mental or physical examination, or both,
as | ||||||
2 | required by and at the expense of the Department. The examining | ||||||
3 | physician
or physicians shall be those specifically designated | ||||||
4 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
5 | the Department may order the examining
physician to present | ||||||
6 | testimony concerning this mental or physical examination
of the | ||||||
7 | licensee or applicant. No information shall be excluded by | ||||||
8 | reason of
any common
law or statutory privilege relating to | ||||||
9 | communication between the licensee or
applicant and
the | ||||||
10 | examining physician.
The individual to be examined may have, at | ||||||
11 | his or her own expense, another
physician of his or her choice | ||||||
12 | present during all aspects of the examination.
Failure of any | ||||||
13 | individual to submit to mental or physical examination, when
| ||||||
14 | directed, shall be grounds for suspension of his or her license | ||||||
15 | until such time
as the individual submits to the examination if | ||||||
16 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
17 | the refusal to submit to the examination was
without reasonable | ||||||
18 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
19 | practice because of the reasons set forth in this Section, the | ||||||
20 | Disciplinary
Board shall require such physician to submit to | ||||||
21 | care, counseling, or treatment
by physicians approved or | ||||||
22 | designated by the Disciplinary Board, as a condition
for | ||||||
23 | continued, reinstated, or renewed licensure to practice. Any | ||||||
24 | physician,
whose license was granted pursuant to Sections 9, | ||||||
25 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
26 | disciplined or supervised, subject to such
terms, conditions or | ||||||
27 | restrictions who shall fail to comply with such terms,
| ||||||
28 | conditions or restrictions, or to complete a required program | ||||||
29 | of care,
counseling, or treatment, as determined by the Chief | ||||||
30 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
31 | referred to the Director for a
determination as to whether the | ||||||
32 | licensee shall have their license suspended
immediately, | ||||||
33 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
34 | which the Director immediately suspends a license under this |
| |||||||
| |||||||
1 | Section, a hearing
upon such person's license must be convened | ||||||
2 | by the Disciplinary Board within 15
days after such suspension | ||||||
3 | and completed without appreciable delay. The
Disciplinary | ||||||
4 | Board shall have the authority to review the subject | ||||||
5 | physician's
record of treatment and counseling regarding the | ||||||
6 | impairment, to the extent
permitted by applicable federal | ||||||
7 | statutes and regulations safeguarding the
confidentiality of | ||||||
8 | medical records.
| ||||||
9 | An individual licensed under this Act, affected under this | ||||||
10 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
11 | Disciplinary Board that they can
resume practice in compliance | ||||||
12 | with acceptable and prevailing standards under
the provisions | ||||||
13 | of their license.
| ||||||
14 | The Department may promulgate rules for the imposition of | ||||||
15 | fines in
disciplinary cases, not to exceed $5,000 for each | ||||||
16 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
17 | other forms of disciplinary action, but
shall not be the | ||||||
18 | exclusive disposition of any disciplinary action arising out
of | ||||||
19 | conduct resulting in death or injury to a patient. Any funds | ||||||
20 | collected from
such fines shall be deposited in the Medical | ||||||
21 | Disciplinary Fund.
| ||||||
22 | (B) The Department shall revoke the license or visiting
| ||||||
23 | permit of any person issued under this Act to practice medicine | ||||||
24 | or to treat
human ailments without the use of drugs and without | ||||||
25 | operative surgery, who
has been convicted a second time of | ||||||
26 | committing any felony under the
Illinois Controlled Substances | ||||||
27 | Act, or who has been convicted a second time of
committing a | ||||||
28 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
29 | Public
Aid Code. A person whose license or visiting permit is | ||||||
30 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
31 | be prohibited from practicing
medicine or treating human | ||||||
32 | ailments without the use of drugs and without
operative | ||||||
33 | surgery.
| ||||||
34 | (C) The Medical Disciplinary Board shall recommend to the
|
| |||||||
| |||||||
1 | Department civil
penalties and any other appropriate | ||||||
2 | discipline in disciplinary cases when the
Board finds that a | ||||||
3 | physician willfully performed an abortion with actual
| ||||||
4 | knowledge that the person upon whom the abortion has been | ||||||
5 | performed is a minor
or an incompetent person without notice as | ||||||
6 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
7 | Upon the Board's recommendation, the Department shall
impose, | ||||||
8 | for the first violation, a civil penalty of $1,000 and for a | ||||||
9 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
10 | (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, | ||||||
11 | eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
| ||||||
12 | Section 5-925. The Criminal Code of 1961 is amended by | ||||||
13 | adding Section 12-36 as
follows:
| ||||||
14 | (720 ILCS 5/12-36 new)
| ||||||
15 | Sec. 12-36. Criminal cloning of humans.
| ||||||
16 | (a) No person shall engage in activity which involves the | ||||||
17 | use of a human
somatic cell nucleus transfer technology to | ||||||
18 | produce a human embryo for the
purpose of producing a human | ||||||
19 | clone.
| ||||||
20 | (b) Sentence. A violation of this Section is a Class 4 | ||||||
21 | felony.
| ||||||
22 | (c) Definition. For purposes of this Section, "human clone" | ||||||
23 | means a human
being created by transferring the nucleus from a | ||||||
24 | human cell from whatever
source into a human egg cell from | ||||||
25 | which the nucleus has been removed for any
purpose regardless | ||||||
26 | of whether or not the resulting product could result in a
human | ||||||
27 | embryo, human fetus, or human being, and regardless of whether | ||||||
28 | or not it
is intended to be implanted into a person and may or | ||||||
29 | may not result in a
pregnancy and a birth of a human being. For | ||||||
30 | the purposes of this Section,
"clone" does not refer to | ||||||
31 | duplicating or replicating human DNA sequences,
organs, | ||||||
32 | tissues, or
cells.
|
| |||||||
| |||||||
1 | (d) Nothing in this Section shall be construed to restrict | ||||||
2 | or prohibit
biomedical research using cloning technology
that | ||||||
3 | is not expressly prohibited by this Section,
including the | ||||||
4 | cloning of human
genes, cells,
and tissues.
| ||||||
5 | (e) Repealed. This Section is repealed on January 1, 2009.
| ||||||
6 | ARTICLE 99 | ||||||
7 | Section 99-999. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|