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1 | AN ACT in relation to health.
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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 | Woman's Right to Know
Act .
| ||||||||||||||||||||||||||||
6 | Section 5. Legislative findings and intent.
| ||||||||||||||||||||||||||||
7 | (a) The General Assembly of the State of Illinois finds | ||||||||||||||||||||||||||||
8 | that:
| ||||||||||||||||||||||||||||
9 | (1) Many women now seek or are encouraged to undergo | ||||||||||||||||||||||||||||
10 | elective
abortions without full knowledge of the medical | ||||||||||||||||||||||||||||
11 | and psychological risks of
abortion, development of the | ||||||||||||||||||||||||||||
12 | unborn child, or alternatives to abortion. An
abortion | ||||||||||||||||||||||||||||
13 | decision is often made under stressful circumstances.
| ||||||||||||||||||||||||||||
14 | (2) The knowledgeable exercise of a woman's decision to | ||||||||||||||||||||||||||||
15 | have an elective
abortion depends on the extent to which | ||||||||||||||||||||||||||||
16 | the woman receives sufficient
information to make a | ||||||||||||||||||||||||||||
17 | voluntary and informed choice between 2 alternatives of
| ||||||||||||||||||||||||||||
18 | great consequence: carrying a child to birth or undergoing | ||||||||||||||||||||||||||||
19 | an abortion.
| ||||||||||||||||||||||||||||
20 | (3) The U.S. Supreme Court has stated: "In attempting | ||||||||||||||||||||||||||||
21 | to ensure that a
woman apprehends the full consequences of | ||||||||||||||||||||||||||||
22 | her decision, the State furthers the
legitimate purpose of | ||||||||||||||||||||||||||||
23 | reducing the risk that a woman may elect an abortion,
only
| ||||||||||||||||||||||||||||
24 | to discover later, with devastating psychological | ||||||||||||||||||||||||||||
25 | consequences, that her
decision
was not fully informed." | ||||||||||||||||||||||||||||
26 | (Planned Parenthood of Southeastern Pennsylvania v.
Casey, | ||||||||||||||||||||||||||||
27 | 112 U.S. 2791, 2823 (1992).
| ||||||||||||||||||||||||||||
28 | (4) The decision to abort "is an important, and often a | ||||||||||||||||||||||||||||
29 | stressful one, and
it
is desirable and imperative that it | ||||||||||||||||||||||||||||
30 | be made with full knowledge of its nature
and
| ||||||||||||||||||||||||||||
31 | consequences." (Planned Parenthood v. Danforth, 428 U.S. | ||||||||||||||||||||||||||||
32 | 52, 67 (1976).
|
| |||||||
|
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1 | (5) It is essential to the psychological and physical | ||||||
2 | well-being of a
woman
considering an elective abortion that | ||||||
3 | she receive complete and accurate
information on all | ||||||
4 | options available to her in dealing with her pregnancy.
| ||||||
5 | (6) Women who seek elective abortions at abortion | ||||||
6 | clinics
do not have a prior patient-physician relationship | ||||||
7 | with the physician who
is to perform or induce the | ||||||
8 | abortion, normally do not return to the facility
for
| ||||||
9 | post-operative
care, and normally do not continue a | ||||||
10 | patient-physician relationship with the
physician who | ||||||
11 | performed or induced the abortion. In most instances, the
| ||||||
12 | woman's
only actual contact with the physician occurs | ||||||
13 | simultaneously with the abortion
procedure, with little | ||||||
14 | opportunity to receive personal counseling by the
| ||||||
15 | physician
concerning her decision. Because of this, | ||||||
16 | certain safeguards are necessary to
protect a woman's right | ||||||
17 | to know.
| ||||||
18 | (7) A reasonable waiting period is critical to ensure | ||||||
19 | that a woman has the
fullest opportunity to give her | ||||||
20 | voluntary and informed consent before she
elects to
undergo | ||||||
21 | an abortion.
| ||||||
22 | (b) Based on the findings in subsection (a), it is the | ||||||
23 | intent of the
legislature in
enacting this Act to further the | ||||||
24 | important and compelling State interests in
all of the
| ||||||
25 | following:
| ||||||
26 | (1) Protecting the life and health of the woman subject | ||||||
27 | to an elective
abortion and, to the extent constitutionally | ||||||
28 | permissible, the life of her
unborn
child.
| ||||||
29 | (2) Fostering the development of standards of | ||||||
30 | professional conduct in the
practice of abortion.
| ||||||
31 | (3) Ensuring that prior to the performance or | ||||||
32 | inducement of an elective
abortion, the woman considering | ||||||
33 | an elective abortion receives personal
counseling by the | ||||||
34 | physician and is given a full range of information | ||||||
35 | regarding
her pregnancy, her unborn child, the abortion, | ||||||
36 | the medical and psychological
risks of abortion, and |
| |||||||
|
|||||||
1 | available alternatives to the abortion.
| ||||||
2 | (4) Reducing the risk that a woman may elect an | ||||||
3 | abortion, only to discover
later, with devastating | ||||||
4 | psychological consequences, that her decision was not
| ||||||
5 | fully informed. Planned Parenthood v. Casey, 112 S. Ct. | ||||||
6 | 2971, 2823 (1992).
| ||||||
7 | (5) Ensuring that a woman who decides to have an | ||||||
8 | elective abortion gives
her voluntary and informed consent | ||||||
9 | to the abortion procedure.
| ||||||
10 | Section 10. Definitions. As used in this Act:
| ||||||
11 | "Abortion" means the use of any instrument, medicine, drug, | ||||||
12 | or
other substance or device to terminate the pregnancy of a | ||||||
13 | woman
known to be pregnant with an intention other than to | ||||||
14 | increase the probability
of a live birth, to
preserve the life | ||||||
15 | or health of a
child after birth, or to remove a dead fetus.
| ||||||
16 | "Department" means the Department of Public Health of the | ||||||
17 | State of Illinois.
| ||||||
18 | "Medical emergency" means any condition that, on the basis | ||||||
19 | of the
physician's reasonable medical judgment, so complicates | ||||||
20 | the medical condition
of a pregnant female as to necessitate | ||||||
21 | the immediate abortion of her pregnancy
to avert her death or | ||||||
22 | for which a delay will create serious risk of substantial
and | ||||||
23 | irreversible impairment of a major bodily function.
| ||||||
24 | "Probable gestational age of the unborn child" means the | ||||||
25 | number of weeks that
have elapsed from the probable time of | ||||||
26 | fertilization of a woman's ovum, based
on the information | ||||||
27 | provided by the woman as to the time of her last menstrual
| ||||||
28 | period, her medical history, a physical examination performed | ||||||
29 | by the physician
who is to perform or induce the abortion or by | ||||||
30 | any other physician, and any
appropriate laboratory tests | ||||||
31 | performed on her.
| ||||||
32 | "Qualified person assisting the physician" means a | ||||||
33 | licensed social worker, a
registered nurse, or a physician | ||||||
34 | assistant to whom a physician who is to
perform
or induce an | ||||||
35 | abortion has delegated the responsibility, as the physician's
|
| |||||||
|
|||||||
1 | agent, for providing the information required under Section 15.
| ||||||
2 | "Referring physician" means a physician, as defined in this | ||||||
3 | Act, who is other
than
the physician who is to perform the | ||||||
4 | abortion.
| ||||||
5 | "Physician" means any person licensed to practice medicine | ||||||
6 | in all its
branches under the Medical Practice Act of 1987.
| ||||||
7 | "Viability" means the state of fetal development when, in | ||||||
8 | the judgment of the
physician based on the particular facts of | ||||||
9 | the case before him or her and in
light of the most advanced | ||||||
10 | medical technology and information available to him
or her, | ||||||
11 | there is a reasonable likelihood of sustained survival of the | ||||||
12 | unborn
child outside the body of his or her mother, with or | ||||||
13 | without artificial
support.
| ||||||
14 | Section 15. Informed consent requirement.
| ||||||
15 | (a) An abortion shall not be performed or induced unless | ||||||
16 | the woman upon whom
the abortion is to be performed or induced | ||||||
17 | has given her voluntary and informed
consent.
| ||||||
18 | (b) Consent under this Section to an abortion is voluntary | ||||||
19 | only if the
consent is given freely and without coercion by any | ||||||
20 | person.
| ||||||
21 | (c) Except in the case of a medical emergency, consent to | ||||||
22 | an abortion is
voluntary and informed if and only if:
| ||||||
23 | (1) At least 24 hours before the abortion is to be | ||||||
24 | performed or induced,
the physician who is to perform or | ||||||
25 | induce the abortion or the referring
physician has, in | ||||||
26 | person, orally informed the woman of all of
the following:
| ||||||
27 | (A) The name of the physician who will perform the | ||||||
28 | abortion.
| ||||||
29 | (B) Whether, according to the reasonable medical | ||||||
30 | judgment
of the physician, the woman is pregnant.
| ||||||
31 | (C) The probable gestational age of the unborn | ||||||
32 | child at the time
that the information is provided.
| ||||||
33 | (D) The particular medical risks, if any, | ||||||
34 | associated with the
woman's pregnancy.
| ||||||
35 | (E) The probable anatomical and physiological |
| |||||||
|
|||||||
1 | characteristics of
the woman's unborn child at the time | ||||||
2 | the information is given.
| ||||||
3 | (F) The details of the medical or surgical method | ||||||
4 | that would be
used in performing or inducing the | ||||||
5 | abortion.
| ||||||
6 | (G) The medical risks associated with the | ||||||
7 | particular abortion
procedure that would be used, | ||||||
8 | including but not limited to the medical
risks of | ||||||
9 | infection, psychological trauma, hemorrhage, | ||||||
10 | endometritis,
perforated uterus, incomplete abortion, | ||||||
11 | failed abortion,
danger to subsequent pregnancies, and | ||||||
12 | infertility.
| ||||||
13 | (H) The recommended general medical instructions | ||||||
14 | for the woman
to follow after an abortion to enhance | ||||||
15 | her safe recovery and the name and
telephone number of | ||||||
16 | a physician to call if complications arise after the
| ||||||
17 | abortion.
| ||||||
18 | (I) If, in the reasonable medical judgment of the | ||||||
19 | physician, the
woman's unborn child has reached | ||||||
20 | viability, that the physician who is to
perform or | ||||||
21 | induce the abortion or a second physician is required | ||||||
22 | to take all
reasonable steps necessary to maintain the | ||||||
23 | life and health of the child.
| ||||||
24 | (J) Any other information that a reasonable | ||||||
25 | patient would consider
material and relevant to a | ||||||
26 | decision of whether to carry a child to
birth or to | ||||||
27 | undergo an abortion.
| ||||||
28 | (K) That the woman may withdraw her consent to have | ||||||
29 | an abortion
at any time before the abortion is | ||||||
30 | performed or induced.
| ||||||
31 | (L) That, except as provided in Section 25, the | ||||||
32 | woman is not
required to pay any amount for performance | ||||||
33 | or inducement of the abortion
until at least 24 hours | ||||||
34 | have elapsed after the requirements of this Section
are | ||||||
35 | met.
| ||||||
36 | (2) Except as provided in Section 25, at least 24 hours |
| |||||||
|
|||||||
1 | before the
abortion
is to be performed or induced, the | ||||||
2 | physician who is to perform or induce the
abortion, a | ||||||
3 | qualified person assisting the physician, or another | ||||||
4 | physician has,
in person, orally informed the woman of all | ||||||
5 | of the following:
| ||||||
6 | (A) Medical assistance benefits may be available | ||||||
7 | for prenatal care,
childbirth, and neonatal care, and | ||||||
8 | that more detailed information on the
availability of | ||||||
9 | such assistance is contained in the printed materials | ||||||
10 | given to
her and informational video available to her | ||||||
11 | and described in Section 20.
| ||||||
12 | (B) That the printed materials and informational | ||||||
13 | video described in Section 20 describe the unborn child | ||||||
14 | and list agencies that offer alternatives to abortion. | ||||||
15 | (C) That the father of the unborn child is liable | ||||||
16 | for assistance in the
support of the woman's child, if | ||||||
17 | born, even if the father has offered to pay
for the | ||||||
18 | abortion. In the case of rape or incest, this | ||||||
19 | information may be
omitted.
| ||||||
20 | (D) The probable gestational age of the unborn | ||||||
21 | child at the time the
abortion is to be performed, and, | ||||||
22 | if the unborn child is viable or has
reached the | ||||||
23 | gestational age of 24 weeks, that (i) the unborn child | ||||||
24 | may be
able to survive outside the womb; (ii) the woman | ||||||
25 | has the right to request
the physician to use the | ||||||
26 | method of abortion that is most likely to preserve
the | ||||||
27 | life of the unborn child; and (iii) if the unborn child | ||||||
28 | is born alive, the
attending physician has the legal | ||||||
29 | obligation to take all reasonable steps
necessary to | ||||||
30 | maintain the life and health of the child.
| ||||||
31 | (E) That the woman has the right to receive and | ||||||
32 | review the printed
materials and informational video | ||||||
33 | described in Section 20.
| ||||||
34 | (F) That the physician or qualified person | ||||||
35 | assisting the physician must
(i)
physically give the | ||||||
36 | materials to the woman and must, in person, orally
|
| |||||||
|
|||||||
1 | inform her that the materials are free of charge, have | ||||||
2 | been provided by the
State, and describe the unborn | ||||||
3 | child and list agencies that offer alternatives
to | ||||||
4 | abortion and that the physician or other person will | ||||||
5 | provide her with the
current updated copies of the
| ||||||
6 | printed materials free of charge.
| ||||||
7 | (3) The information that is required under | ||||||
8 | subdivisions (c)(1) and (c)(2)
is
provided to the woman in | ||||||
9 | an individual setting that protects her privacy,
maintains | ||||||
10 | the confidentiality of her decision, and ensures that the | ||||||
11 | information
she
receives focuses on her individual | ||||||
12 | circumstances. This paragraph (3) may not
be
construed to | ||||||
13 | prevent the woman from having a family member or legal | ||||||
14 | guardian,
or any other person of her choice, present during | ||||||
15 | her private counseling.
| ||||||
16 | (4) Whoever provides the information that is required | ||||||
17 | under subdivision
(c)(1) or (c)(2), or both, provides | ||||||
18 | adequate opportunity for the woman to ask
questions, | ||||||
19 | including questions concerning the pregnancy, her unborn | ||||||
20 | child,
abortion, and adoption, and provides the | ||||||
21 | information that is requested or
indicates to the woman | ||||||
22 | where she can obtain the information.
| ||||||
23 | (4.5) Whoever provides the information that is | ||||||
24 | required under
subdivision (c)(1) or (c)(2), or both, | ||||||
25 | identifies himself or herself
by name and position.
| ||||||
26 | (5) The woman certifies in writing on a form that the | ||||||
27 | Department shall
provide, prior to performance or | ||||||
28 | inducement of the abortion, that the
information that is | ||||||
29 | required under subdivisions (c)(1) and (c)(2) has been
| ||||||
30 | provided
to her in the
manner specified in subdivision | ||||||
31 | (c)(3), that she has been offered the
information described | ||||||
32 | in Section 20, and that all of her questions, as
specified
| ||||||
33 | under subdivision (c)(4) have been answered in a | ||||||
34 | satisfactory manner. The
physician who is to perform or | ||||||
35 | induce the abortion or the qualified person
assisting the | ||||||
36 | physician shall write on the certification form the name of |
| |||||||
|
|||||||
1 | the
physician who is to perform or induce the abortion. The | ||||||
2 | woman shall indicate
on the certification form who provided | ||||||
3 | the information to her and when it was
provided.
| ||||||
4 | (6) Prior to the performance or the inducement of the | ||||||
5 | abortion, the
physician who is to perform or induce the | ||||||
6 | abortion or the qualified person
assisting the physician | ||||||
7 | receives the written certification that is required
under | ||||||
8 | subdivision (c)(5). The physician or qualified person | ||||||
9 | assisting the
physician shall place the certification in | ||||||
10 | the woman's
medical record and shall provide the woman with | ||||||
11 | a copy of the certification.
| ||||||
12 | (7) If the woman considering an abortion has been | ||||||
13 | adjudicated
incompetent, the
requirements to provide | ||||||
14 | information to the woman under Section
15 apply to also | ||||||
15 | require provision of the information to the person | ||||||
16 | appointed
as the woman's guardian.
| ||||||
17 | Section 20. Publication of materials.
| ||||||
18 | (a) Within 120 days after
this Act becomes law, the | ||||||
19 | Department shall cause to be published, in English,
Spanish,
| ||||||
20 | and other languages spoken by a significant number of State | ||||||
21 | residents, as
determined by the Department, printed materials | ||||||
22 | and an informational video. The printed materials shall be in | ||||||
23 | an easily comprehensible
format and printed in type of not less
| ||||||
24 | than 12-point size. The Department shall update on an annual | ||||||
25 | basis the
following materials:
| ||||||
26 | (1) Geographically indexed materials that are designed | ||||||
27 | to inform a woman
about public and private agencies, | ||||||
28 | including adoption agencies,
available to assist her | ||||||
29 | through
pregnancy, upon childbirth, and while the child is | ||||||
30 | dependent. The materials
shall include a comprehensive | ||||||
31 | list of the agencies available, a description of
the | ||||||
32 | services that they offer, and a description of the manner | ||||||
33 | in which they may
be contacted, including telephone numbers | ||||||
34 | and addresses. The materials shall
include a toll-free, | ||||||
35 | 24-hour telephone number that may be called to obtain an
|
| |||||||
|
|||||||
1 | oral listing of available agencies and services in the | ||||||
2 | locality of the caller
and a description of the services | ||||||
3 | that the agencies offer and the manner in
which
they may be | ||||||
4 | contacted. The materials shall provide information on the
| ||||||
5 | availability of governmentally funded programs that serve | ||||||
6 | pregnant women and
children.
Services identified for the | ||||||
7 | woman shall include temporary assistance for needy
| ||||||
8 | families,
medical assistance for pregnant women and | ||||||
9 | children, the availability
of family or medical leave, | ||||||
10 | child care services, child support laws, and
programs and | ||||||
11 | the credit for expenses for household and dependent care | ||||||
12 | and
services necessary for gainful employment.
The | ||||||
13 | materials shall state that it
is unlawful to perform an | ||||||
14 | abortion
for which consent has been coerced,
that the | ||||||
15 | father of a child is liable for assistance in the
support | ||||||
16 | of the child,
even in instances in which the father has | ||||||
17 | offered to pay for an abortion, and
that adoptive parents | ||||||
18 | may pay the costs of prenatal care, childbirth, and
| ||||||
19 | neonatal care.
The material shall include the following | ||||||
20 | statement: "There are many public and
private agencies | ||||||
21 | willing and able to help you to carry your child to term, | ||||||
22 | and
to assist you and your child after your child is born, | ||||||
23 | whether you choose to
keep your child or to place her or | ||||||
24 | him for adoption. The State of Illinois
strongly urges you | ||||||
25 | to contact one or more of these agencies before making a
| ||||||
26 | final decision about abortion. The law requires that your | ||||||
27 | physician or his
or her agent give you the opportunity to | ||||||
28 | call agencies like these before you
undergo
an abortion."
| ||||||
29 | The materials shall include information, for a woman whose
| ||||||
30 | pregnancy is the result of sexual assault or incest, on | ||||||
31 | legal protections
available to the woman and her child if | ||||||
32 | she wishes to oppose establishment of
paternity or to | ||||||
33 | terminate the father's parental rights.
| ||||||
34 | (2) Materials, including photographs, pictures, or | ||||||
35 | drawings, that are
designed to inform the woman of the | ||||||
36 | probable anatomical and physiological
characteristics of |
| |||||||
|
|||||||
1 | the unborn child at 2-week gestational increments for the
| ||||||
2 | first 16
weeks of her pregnancy and at 4-week gestational | ||||||
3 | increments from the 17th week
of the pregnancy to full | ||||||
4 | term, including any relevant information regarding the
| ||||||
5 | time at which the unborn child could possibly be viable. | ||||||
6 | The pictures or
drawings
must contain the dimensions of the | ||||||
7 | unborn child and must be realistic and
appropriate for the | ||||||
8 | stage of pregnancy depicted. The materials shall be
| ||||||
9 | objective, nonjudgmental, and designed to convey only | ||||||
10 | accurate scientific
information about the unborn child at | ||||||
11 | the various gestational ages, including
appearance, | ||||||
12 | mobility, brain and heart activity and function, tactile
| ||||||
13 | sensitivity, and the presence of internal organs and | ||||||
14 | external members. The
materials shall also contain | ||||||
15 | objective, accurate information describing the
methods of | ||||||
16 | abortion procedures commonly employed, the medical and | ||||||
17 | psychological
risks commonly associated with each
such | ||||||
18 | procedure, including the risks of infection, psychological | ||||||
19 | trauma,
hemorrhage, endometritis, perforated uterus, | ||||||
20 | incomplete
abortion, failed
abortion, danger to subsequent | ||||||
21 | pregnancies, and infertility, and the medical
risks | ||||||
22 | commonly associated with carrying a child to birth.
| ||||||
23 | (3) A certification form for use under subdivision | ||||||
24 | (c)(5) of Section 15
that
lists, in a
check-off format, all | ||||||
25 | of the information required to be provided under that
| ||||||
26 | Section.
| ||||||
27 | The Department shall produce a standardized videotape that | ||||||
28 | may be used statewide, presenting the information described in | ||||||
29 | subdivisions (a)(1) and (a)(2) in accordance with the | ||||||
30 | requirements of those subdivisions. In preparing the video, the | ||||||
31 | Department may summarize and make reference to the printed | ||||||
32 | comprehensive list of geographically indexed names and | ||||||
33 | services described in subdivision (a)(1). The videotape shall | ||||||
34 | show, in addition to the information described in subdivisions | ||||||
35 | (a)(1) and (a)(2), an ultrasound of the heartbeat of an unborn | ||||||
36 | child at 4 to 5 weeks gestational age, at 6 to 8 weeks |
| |||||||
|
|||||||
1 | gestational age, and at each month thereafter, until viability. | ||||||
2 | That information shall be presented in an objective, unbiased | ||||||
3 | manner designed to convey only accurate scientific | ||||||
4 | information.
| ||||||
5 | The printed materials and videotape required under this | ||||||
6 | Section shall be available at no cost from the Department, upon | ||||||
7 | request and in appropriate number, to any physician, medical | ||||||
8 | facility, or hospital. | ||||||
9 | (b) A physician who intends to perform
or induce an | ||||||
10 | abortion or a referring physician, who reasonably believes that | ||||||
11 | he
or she might have a patient for whom the information in | ||||||
12 | subsection (a) is
required to be given, shall request a | ||||||
13 | reasonably adequate number of the
materials that are described | ||||||
14 | in subsection (a) from the Department.
| ||||||
15 | Section 25. Medical emergencies. If a medical emergency | ||||||
16 | exists, the
physician
who is to perform or induce the abortion | ||||||
17 | necessitated by the medical emergency
shall inform the woman, | ||||||
18 | prior to the
abortion if possible, of the medical indications | ||||||
19 | supporting the physician's
reasonable medical judgment that an | ||||||
20 | immediate abortion is necessary to avert
her death or that a | ||||||
21 | 24-hour delay in performance or inducement of an abortion
will | ||||||
22 | create a serious risk of substantial and irreversible | ||||||
23 | impairment of one or
more of the woman's major bodily | ||||||
24 | functions. If possible, the physician shall
obtain the woman's | ||||||
25 | written consent prior to the
abortion. The physician shall | ||||||
26 | certify these medical indications in writing and
place the | ||||||
27 | certification in the woman's medical record.
| ||||||
28 | Section 30. Pregnancy as the result of sexual assault or | ||||||
29 | incest. A woman
seeking an abortion may waive the 24-hour | ||||||
30 | period required under subdivision
(c)(1) of Section 15, if the | ||||||
31 | woman
alleges that the pregnancy is the result of sexual | ||||||
32 | assault.
| ||||||
33 | Section 35. Violation; penalty. A physician's violation of |
| |||||||
|
|||||||
1 | this Act is
grounds for disciplinary action under the Medical | ||||||
2 | Practice Act of 1987.
| ||||||
3 | Section 40. Common law rights.
Nothing in this Act limits | ||||||
4 | the common law rights of a person that
are
not in conflict with | ||||||
5 | this Act.
| ||||||
6 | Section 50. Construction. Nothing in this Act shall be | ||||||
7 | construed as creating
or
recognizing a right to abortion or as | ||||||
8 | making lawful an abortion that is
otherwise unlawful.
| ||||||
9 | Section 55. Severability.
If any provision, word, phrase, | ||||||
10 | or clause of this Act or its application to any
person or | ||||||
11 | circumstance is held invalid, the invalidity of that provision | ||||||
12 | or
application does not affect the provisions, words, phrases, | ||||||
13 | clauses, or
applications of the Act which can be given effect | ||||||
14 | without the invalid
provision, word, phrase, clause, or | ||||||
15 | application, and to this end the
provisions, words, phrases, | ||||||
16 | and clauses of this Act are declared to be
severable.
| ||||||
17 | Section 90. The Medical Practice Act of 1987 is amended
by | ||||||
18 | changing Sections
22 and 23 as follows:
| ||||||
19 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
20 | Sec. 22. Disciplinary action.
| ||||||
21 | (A) The Department may revoke, suspend, place on | ||||||
22 | probationary
status, or take any other disciplinary action as | ||||||
23 | the Department may deem proper
with regard to the license or | ||||||
24 | visiting professor permit of any person issued
under this Act | ||||||
25 | to practice medicine, or to treat human ailments without the | ||||||
26 | use
of drugs and without operative surgery upon any of the | ||||||
27 | following grounds:
| ||||||
28 | (1) Performance of an elective abortion in any place, | ||||||
29 | locale,
facility, or
institution other than:
| ||||||
30 | (a) a facility licensed pursuant to the Ambulatory | ||||||
31 | Surgical Treatment
Center Act;
|
| |||||||
|
|||||||
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
or | ||||||
6 | agency has authority under law to establish and enforce | ||||||
7 | standards for the
ambulatory surgical treatment | ||||||
8 | centers, hospitalization, or care facilities
under its | ||||||
9 | 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 wilful | ||||||
19 | and wanton
manner on a
woman who was not pregnant at the | ||||||
20 | 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 B | ||||||
23 | of this Section, whether or not related to
practice under | ||||||
24 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
25 | 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 defined | ||||||
33 | in law
as
controlled substances, of alcohol, or of any | ||||||
34 | other substances which results in
the inability to practice | ||||||
35 | with reasonable judgment, skill or safety.
| ||||||
36 | (8) Practicing under a false or, except as provided by |
| |||||||
|
|||||||
1 | law, an
assumed
name.
| ||||||
2 | (9) Fraud or misrepresentation in applying for, or | ||||||
3 | procuring, a
license
under this Act or in connection with | ||||||
4 | applying for renewal of a license under
this Act.
| ||||||
5 | (10) Making a false or misleading statement regarding | ||||||
6 | their
skill or the
efficacy or value of the medicine, | ||||||
7 | treatment, or remedy prescribed by them at
their direction | ||||||
8 | in the treatment of any disease or other condition of the | ||||||
9 | body
or mind.
| ||||||
10 | (11) Allowing another person or organization to use | ||||||
11 | their
license, procured
under this Act, to practice.
| ||||||
12 | (12) Disciplinary action of another state or | ||||||
13 | jurisdiction
against a license
or other authorization to | ||||||
14 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
15 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
16 | certified copy of the record of the action taken by
the | ||||||
17 | other state or jurisdiction being prima facie evidence | ||||||
18 | thereof.
| ||||||
19 | (13) Violation of any provision of this Act or of the | ||||||
20 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
21 | violation of the rules, or a final
administrative action of | ||||||
22 | the Director, after consideration of the
recommendation of | ||||||
23 | the Disciplinary Board.
| ||||||
24 | (14) Dividing with anyone other than physicians with | ||||||
25 | whom the
licensee
practices in a partnership, Professional | ||||||
26 | Association, limited liability
company, or Medical or | ||||||
27 | Professional
Corporation any fee, commission, rebate or | ||||||
28 | other form of compensation for any
professional services | ||||||
29 | not actually and personally rendered. Nothing contained
in | ||||||
30 | this subsection prohibits persons holding valid and | ||||||
31 | current licenses under
this Act from practicing medicine in | ||||||
32 | partnership under a partnership
agreement, including a | ||||||
33 | limited liability partnership, in a limited liability
| ||||||
34 | company under the Limited Liability Company Act, in a | ||||||
35 | corporation authorized by
the Medical Corporation Act, as | ||||||
36 | an
association authorized by the Professional Association |
| |||||||
|
|||||||
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,
| ||||||
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.
| ||||||
35 | (18) Promotion of the sale of drugs, devices, | ||||||
36 | appliances or
goods provided
for a patient in such manner |
| |||||||
|
|||||||
1 | as to exploit the patient for financial gain of
the | ||||||
2 | physician.
| ||||||
3 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
4 | disease by a secret
method, procedure, treatment or | ||||||
5 | medicine, or the treating, operating or
prescribing for any | ||||||
6 | human condition by a method, means or procedure which the
| ||||||
7 | licensee refuses to divulge upon demand of the Department.
| ||||||
8 | (20) Immoral conduct in the commission of any act | ||||||
9 | including,
but not limited to, commission of an act of | ||||||
10 | sexual misconduct related to the
licensee's
practice.
| ||||||
11 | (21) Wilfully making or filing false records or reports | ||||||
12 | in his
or her
practice as a physician, including, but not | ||||||
13 | limited to, false records to
support claims against the | ||||||
14 | medical assistance program of the Department of
Public Aid | ||||||
15 | under the Illinois Public Aid Code.
| ||||||
16 | (22) Wilful omission to file or record, or wilfully | ||||||
17 | impeding
the filing or
recording, or inducing another | ||||||
18 | person to omit to file or record, medical
reports as | ||||||
19 | required by law, or wilfully failing to report an instance | ||||||
20 | of
suspected abuse or neglect as required by law.
| ||||||
21 | (23) Being named as a perpetrator in an indicated | ||||||
22 | report by
the Department
of Children and Family Services | ||||||
23 | under the Abused and Neglected Child Reporting
Act, and | ||||||
24 | upon proof by clear and convincing evidence that the | ||||||
25 | licensee has
caused a child to be an abused child or | ||||||
26 | neglected child as defined in the
Abused and Neglected | ||||||
27 | Child Reporting Act.
| ||||||
28 | (24) Solicitation of professional patronage by any
| ||||||
29 | corporation, agents or
persons, or profiting from those | ||||||
30 | representing themselves to be agents of the
licensee.
| ||||||
31 | (25) Gross and wilful and continued overcharging for
| ||||||
32 | professional services,
including filing false statements | ||||||
33 | for collection of fees for which services are
not rendered, | ||||||
34 | including, but not limited to, filing such false statements | ||||||
35 | for
collection of monies for services not rendered from the | ||||||
36 | medical assistance
program of the Department of Public Aid |
| |||||||
|
|||||||
1 | under the Illinois Public Aid
Code.
| ||||||
2 | (26) A pattern of practice or other behavior which
| ||||||
3 | demonstrates incapacity
or incompetence to practice under | ||||||
4 | this Act.
| ||||||
5 | (27) Mental illness or disability which results in the
| ||||||
6 | inability to
practice under this Act with reasonable | ||||||
7 | judgment, skill or safety.
| ||||||
8 | (28) Physical illness, including, but not limited to,
| ||||||
9 | deterioration through
the aging process, or loss of motor | ||||||
10 | skill which results in a physician's
inability to practice | ||||||
11 | under this Act with reasonable judgment, skill or
safety.
| ||||||
12 | (29) Cheating on or attempt to subvert the licensing
| ||||||
13 | examinations
administered under this Act.
| ||||||
14 | (30) Wilfully or negligently violating the | ||||||
15 | confidentiality
between
physician and patient except as | ||||||
16 | required by law.
| ||||||
17 | (31) The use of any false, fraudulent, or deceptive | ||||||
18 | statement
in any
document connected with practice under | ||||||
19 | this Act.
| ||||||
20 | (32) Aiding and abetting an individual not licensed | ||||||
21 | under this
Act in the
practice of a profession licensed | ||||||
22 | under this Act.
| ||||||
23 | (33) Violating state or federal laws or regulations | ||||||
24 | relating
to controlled
substances.
| ||||||
25 | (34) Failure to report to the Department any adverse | ||||||
26 | final
action taken
against them by another licensing | ||||||
27 | jurisdiction (any other state or any
territory of the | ||||||
28 | United States or any foreign state or country), by any peer
| ||||||
29 | review body, by any health care institution, by any | ||||||
30 | professional society or
association related to practice | ||||||
31 | under this Act, by any governmental agency, by
any law | ||||||
32 | enforcement agency, or by any court for acts or conduct | ||||||
33 | similar to acts
or conduct which would constitute grounds | ||||||
34 | for action as defined in this
Section.
| ||||||
35 | (35) Failure to report to the Department surrender of a
| ||||||
36 | license or
authorization to practice as a medical doctor, a |
| |||||||
|
|||||||
1 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
2 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
3 | surrender of membership on
any medical staff or in any | ||||||
4 | medical or professional association or society,
while | ||||||
5 | under disciplinary investigation by any of those | ||||||
6 | authorities or bodies,
for acts or conduct similar to acts | ||||||
7 | or conduct which would constitute grounds
for action as | ||||||
8 | defined in this Section.
| ||||||
9 | (36) Failure to report to the Department any adverse | ||||||
10 | judgment,
settlement,
or award arising from a liability | ||||||
11 | claim related to acts or conduct similar to
acts or conduct | ||||||
12 | which would constitute grounds for action as defined in | ||||||
13 | this
Section.
| ||||||
14 | (37) Failure to transfer copies of medical records as | ||||||
15 | required
by law.
| ||||||
16 | (38) Failure to furnish the Department, its | ||||||
17 | investigators or
representatives, relevant information, | ||||||
18 | legally requested by the Department
after consultation | ||||||
19 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
20 | Coordinator.
| ||||||
21 | (39) Violating the Health Care Worker Self-Referral
| ||||||
22 | Act.
| ||||||
23 | (40) Willful failure to provide notice when notice is | ||||||
24 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
25 | (41) Failure to establish and maintain records of | ||||||
26 | patient care
and
treatment as required by this law.
| ||||||
27 | (42) Entering into an excessive number of written | ||||||
28 | collaborative
agreements with licensed advanced practice | ||||||
29 | nurses resulting in an inability to
adequately collaborate | ||||||
30 | and provide medical direction.
| ||||||
31 | (43) Repeated failure to adequately collaborate with | ||||||
32 | or provide medical
direction to a licensed advanced | ||||||
33 | practice nurse.
| ||||||
34 | (44) Willful failure to provide a woman with the | ||||||
35 | information
required under subdivision (c)(1) or (c)(2) of | ||||||
36 | Section 15 of
the Woman's Right to Know Act.
|
| |||||||
|
|||||||
1 | All proceedings to suspend,
revoke, place on probationary | ||||||
2 | status, or take any
other disciplinary action as the Department | ||||||
3 | may deem proper, with regard to a
license on any of the | ||||||
4 | foregoing grounds, must be commenced within 3 years next
after | ||||||
5 | receipt by the Department of a complaint alleging the | ||||||
6 | commission of or
notice of the conviction order for any of the | ||||||
7 | acts described herein. Except
for the grounds numbered (8), (9) | ||||||
8 | and (29), no action shall be commenced more
than 5 years after | ||||||
9 | the date of the incident or act alleged to have violated
this | ||||||
10 | Section. In the event of the settlement of any claim or cause | ||||||
11 | of action
in favor of the claimant or the reduction to final | ||||||
12 | judgment of any civil action
in favor of the plaintiff, such | ||||||
13 | claim, cause of action or civil action being
grounded on the | ||||||
14 | allegation that a person licensed under this Act was negligent
| ||||||
15 | in providing care, the Department shall have an additional | ||||||
16 | period of one year
from the date of notification to the | ||||||
17 | Department under Section 23 of this Act
of such settlement or | ||||||
18 | final judgment in which to investigate and
commence formal | ||||||
19 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
20 | as otherwise provided by law. The time during which the holder | ||||||
21 | of the license
was outside the State of Illinois shall not be | ||||||
22 | included within any period of
time limiting the commencement of | ||||||
23 | disciplinary action by the Department.
| ||||||
24 | The entry of an order or judgment by any circuit court | ||||||
25 | establishing that any
person holding a license under this Act | ||||||
26 | is a person in need of mental treatment
operates as a | ||||||
27 | suspension of that license. That person may resume their
| ||||||
28 | practice only upon the entry of a Departmental order based upon | ||||||
29 | a finding by
the Medical Disciplinary Board that they have been | ||||||
30 | determined to be recovered
from mental illness by the court and | ||||||
31 | upon the Disciplinary Board's
recommendation that they be | ||||||
32 | permitted to resume their practice.
| ||||||
33 | The Department may refuse to issue or take disciplinary | ||||||
34 | action concerning the license of any person
who fails to file a | ||||||
35 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
36 | return, or to pay any final assessment of tax, penalty or |
| |||||||
|
|||||||
1 | interest, as
required by any tax Act administered by the | ||||||
2 | Illinois Department of Revenue,
until such time as the | ||||||
3 | requirements of any such tax Act are satisfied as
determined by | ||||||
4 | the Illinois Department of Revenue.
| ||||||
5 | The Department, upon the recommendation of the | ||||||
6 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
7 | to be used in determining:
| ||||||
8 | (a) when a person will be deemed sufficiently | ||||||
9 | rehabilitated to warrant the
public trust;
| ||||||
10 | (b) what constitutes dishonorable, unethical or | ||||||
11 | unprofessional conduct of
a character likely to deceive, | ||||||
12 | defraud, or harm the public;
| ||||||
13 | (c) what constitutes immoral conduct in the commission | ||||||
14 | of any act,
including, but not limited to, commission of an | ||||||
15 | act of sexual misconduct
related
to the licensee's | ||||||
16 | practice; and
| ||||||
17 | (d) what constitutes gross negligence in the practice | ||||||
18 | of medicine.
| ||||||
19 | However, no such rule shall be admissible into evidence in | ||||||
20 | any civil action
except for review of a licensing or other | ||||||
21 | disciplinary action under this Act.
| ||||||
22 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
23 | upon a showing of a possible violation, may compel any | ||||||
24 | individual licensed to
practice under this Act, or who has | ||||||
25 | applied for licensure or a permit
pursuant to this Act, to | ||||||
26 | submit to a mental or physical examination, or both,
as | ||||||
27 | required by and at the expense of the Department. The examining | ||||||
28 | physician
or physicians shall be those specifically designated | ||||||
29 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
30 | the Department may order the examining
physician to present | ||||||
31 | testimony concerning this mental or physical examination
of the | ||||||
32 | licensee or applicant. No information shall be excluded by | ||||||
33 | reason of
any common
law or statutory privilege relating to | ||||||
34 | communication between the licensee or
applicant and
the | ||||||
35 | examining physician.
The individual to be examined may have, at | ||||||
36 | his or her own expense, another
physician of his or her choice |
| |||||||
|
|||||||
1 | present during all aspects of the examination.
Failure of any | ||||||
2 | individual to submit to mental or physical examination, when
| ||||||
3 | directed, shall be grounds for suspension of his or her license | ||||||
4 | until such time
as the individual submits to the examination if | ||||||
5 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
6 | the refusal to submit to the examination was
without reasonable | ||||||
7 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
8 | practice because of the reasons set forth in this Section, the | ||||||
9 | Disciplinary
Board shall require such physician to submit to | ||||||
10 | care, counseling, or treatment
by physicians approved or | ||||||
11 | designated by the Disciplinary Board, as a condition
for | ||||||
12 | continued, reinstated, or renewed licensure to practice. Any | ||||||
13 | physician,
whose license was granted pursuant to Sections 9, | ||||||
14 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
15 | disciplined or supervised, subject to such
terms, conditions or | ||||||
16 | restrictions who shall fail to comply with such terms,
| ||||||
17 | conditions or restrictions, or to complete a required program | ||||||
18 | of care,
counseling, or treatment, as determined by the Chief | ||||||
19 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
20 | referred to the Director for a
determination as to whether the | ||||||
21 | licensee shall have their license suspended
immediately, | ||||||
22 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
23 | which the Director immediately suspends a license under this | ||||||
24 | Section, a hearing
upon such person's license must be convened | ||||||
25 | by the Disciplinary Board within 15
days after such suspension | ||||||
26 | and completed without appreciable delay. The
Disciplinary | ||||||
27 | Board shall have the authority to review the subject | ||||||
28 | physician's
record of treatment and counseling regarding the | ||||||
29 | impairment, to the extent
permitted by applicable federal | ||||||
30 | statutes and regulations safeguarding the
confidentiality of | ||||||
31 | medical records.
| ||||||
32 | An individual licensed under this Act, affected under this | ||||||
33 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
34 | Disciplinary Board that they can
resume practice in compliance | ||||||
35 | with acceptable and prevailing standards under
the provisions | ||||||
36 | of their license.
|
| |||||||
|
|||||||
1 | The Department may promulgate rules for the imposition of | ||||||
2 | fines in
disciplinary cases, not to exceed $5,000 for each | ||||||
3 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
4 | other forms of disciplinary action, but
shall not be the | ||||||
5 | exclusive disposition of any disciplinary action arising out
of | ||||||
6 | conduct resulting in death or injury to a patient. Any funds | ||||||
7 | collected from
such fines shall be deposited in the Medical | ||||||
8 | Disciplinary Fund.
| ||||||
9 | (B) The Department shall revoke the license or visiting
| ||||||
10 | permit of any person issued under this Act to practice medicine | ||||||
11 | or to treat
human ailments without the use of drugs and without | ||||||
12 | operative surgery, who
has been convicted a second time of | ||||||
13 | committing any felony under the
Illinois Controlled Substances | ||||||
14 | Act, or who has been convicted a second time of
committing a | ||||||
15 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
16 | Public
Aid Code. A person whose license or visiting permit is | ||||||
17 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
18 | be prohibited from practicing
medicine or treating human | ||||||
19 | ailments without the use of drugs and without
operative | ||||||
20 | surgery.
| ||||||
21 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
22 | Department civil
penalties and any other appropriate | ||||||
23 | discipline in disciplinary cases when the
Board finds that a | ||||||
24 | physician willfully performed an abortion with actual
| ||||||
25 | knowledge that the person upon whom the abortion has been | ||||||
26 | performed is a minor
or an incompetent person without notice as | ||||||
27 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
28 | Upon the Board's recommendation, the Department shall
impose, | ||||||
29 | for the first violation, a civil penalty of $1,000 and for a | ||||||
30 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
31 | (D) The Medical Disciplinary Board shall recommend to the
| ||||||
32 | Department civil
penalties and any other appropriate | ||||||
33 | discipline in disciplinary cases when the
Board finds that a | ||||||
34 | physician willfully performed an abortion without
providing | ||||||
35 | the woman with the information required under subdivision
| ||||||
36 | (c)(1) or (c)(2) of Section 15 of the Woman's Right to Know
|
| |||||||
|
|||||||
1 | Act. Upon the Board's recommendation, the Department shall
| ||||||
2 | impose, for the first violation, a civil penalty of $1,000 and | ||||||
3 | for a second or
subsequent violation, a civil penalty of | ||||||
4 | $5,000.
| ||||||
5 | (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, | ||||||
6 | eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
| ||||||
7 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||||
8 | Sec. 23. Reports relating to professional conduct
and | ||||||
9 | capacity.
| ||||||
10 | (A) Entities required to report.
| ||||||
11 | (1) Health care institutions. The chief administrator
| ||||||
12 | or executive officer of any health care institution | ||||||
13 | licensed
by the Illinois Department of Public Health shall | ||||||
14 | report to
the Disciplinary Board when any person's clinical | ||||||
15 | privileges
are terminated or are restricted based on a | ||||||
16 | final
determination, in accordance with that institution's | ||||||
17 | by-laws
or rules and regulations, that a person has either | ||||||
18 | committed
an act or acts which may directly threaten | ||||||
19 | patient care, and not of an
administrative nature, or that | ||||||
20 | a person may be mentally or
physically disabled in such a | ||||||
21 | manner as to endanger patients
under that person's care. | ||||||
22 | Such officer also shall report if
a person accepts | ||||||
23 | voluntary termination or restriction of
clinical | ||||||
24 | privileges in lieu of formal action based upon conduct | ||||||
25 | related
directly to patient care and
not of an | ||||||
26 | administrative nature, or in lieu of formal action
seeking | ||||||
27 | to determine whether a person may be mentally or
physically | ||||||
28 | disabled in such a manner as to endanger patients
under | ||||||
29 | that person's care. The Medical Disciplinary Board
shall, | ||||||
30 | by rule, provide for the reporting to it of all
instances | ||||||
31 | in which a person, licensed under this Act, who is
impaired | ||||||
32 | by reason of age, drug or alcohol abuse or physical
or | ||||||
33 | mental impairment, is under supervision and, where
| ||||||
34 | appropriate, is in a program of rehabilitation. Such
| ||||||
35 | reports shall be strictly confidential and may be reviewed
|
| |||||||
|
|||||||
1 | and considered only by the members of the Disciplinary
| ||||||
2 | Board, or by authorized staff as provided by rules of the
| ||||||
3 | Disciplinary Board. Provisions shall be made for the
| ||||||
4 | periodic report of the status of any such person not less
| ||||||
5 | than twice annually in order that the Disciplinary Board
| ||||||
6 | shall have current information upon which to determine the
| ||||||
7 | status of any such person. Such initial and periodic
| ||||||
8 | reports of impaired physicians shall not be considered
| ||||||
9 | records within the meaning of The State Records Act and
| ||||||
10 | shall be disposed of, following a determination by the
| ||||||
11 | Disciplinary Board that such reports are no longer | ||||||
12 | required,
in a manner and at such time as the Disciplinary | ||||||
13 | Board shall
determine by rule. The filing of such reports | ||||||
14 | shall be
construed as the filing of a report for purposes | ||||||
15 | of
subsection (C) of this Section.
| ||||||
16 | (2) Professional associations. The President or chief
| ||||||
17 | executive officer of any association or society, of persons
| ||||||
18 | licensed under this Act, operating within this State shall
| ||||||
19 | report to the Disciplinary Board when the association or
| ||||||
20 | society renders a final determination that a person has
| ||||||
21 | committed unprofessional conduct related directly to | ||||||
22 | patient
care or that a person may be mentally or physically | ||||||
23 | disabled
in such a manner as to endanger patients under | ||||||
24 | that person's
care.
| ||||||
25 | (3) Professional liability insurers. Every insurance
| ||||||
26 | company which offers policies of professional liability
| ||||||
27 | insurance to persons licensed under this Act, or any other
| ||||||
28 | entity which seeks to indemnify the professional liability
| ||||||
29 | of a person licensed under this Act, shall report to the
| ||||||
30 | Disciplinary Board the settlement of any claim or cause of
| ||||||
31 | action, or final judgment rendered in any cause of action,
| ||||||
32 | which alleged negligence in the furnishing of medical care
| ||||||
33 | by such licensed person when such settlement or final
| ||||||
34 | judgment is in favor of the plaintiff.
| ||||||
35 | (4) State's Attorneys. The State's Attorney of each
| ||||||
36 | county shall report to the Disciplinary Board all instances
|
| |||||||
|
|||||||
1 | in which a person licensed under this Act is convicted or
| ||||||
2 | otherwise found guilty of the commission of any felony.
The | ||||||
3 | State's Attorney
of each county may report to the | ||||||
4 | Disciplinary Board through a verified
complaint any | ||||||
5 | instance in which the State's Attorney believes that a | ||||||
6 | physician
has willfully violated the requirements
to | ||||||
7 | provide information to a woman under subdivision (c)(1) or | ||||||
8 | (c)(2) of
Section 15
of the Woman's Right to Know
Act.
The | ||||||
9 | State's Attorney
of each county may report to the | ||||||
10 | Disciplinary Board through a verified
complaint any | ||||||
11 | instance in which the State's Attorney believes that a | ||||||
12 | physician
has willfully violated the notice requirements | ||||||
13 | of the Parental Notice of
Abortion Act of 1995.
| ||||||
14 | (5) State agencies. All agencies, boards,
commissions, | ||||||
15 | departments, or other instrumentalities of the
government | ||||||
16 | of the State of Illinois shall report to the
Disciplinary | ||||||
17 | Board any instance arising in connection with
the | ||||||
18 | operations of such agency, including the administration
of | ||||||
19 | any law by such agency, in which a person licensed under
| ||||||
20 | this Act has either committed an act or acts which may be a
| ||||||
21 | violation of this Act or which may constitute | ||||||
22 | unprofessional
conduct related directly to patient care or | ||||||
23 | which indicates
that a person licensed under this Act may | ||||||
24 | be mentally or
physically disabled in such a manner as to | ||||||
25 | endanger patients
under that person's care.
| ||||||
26 | (B) Mandatory reporting. All reports required by items | ||||||
27 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
28 | Section 23 shall be submitted to the Disciplinary Board in a | ||||||
29 | timely
fashion. The reports shall be filed in writing within 60
| ||||||
30 | days after a determination that a report is required under
this | ||||||
31 | Act. All reports shall contain the following
information:
| ||||||
32 | (1) The name, address and telephone number of the
| ||||||
33 | person making the report.
| ||||||
34 | (2) The name, address and telephone number of the
| ||||||
35 | person who is the subject of the report.
| ||||||
36 | (3) The name or other means of identification of any
|
| |||||||
|
|||||||
1 | patient or patients whose treatment is a subject of the
| ||||||
2 | report, provided, however, no medical records may be
| ||||||
3 | revealed without the written consent of the patient or
| ||||||
4 | patients.
| ||||||
5 | (4) A brief description of the facts which gave rise
to | ||||||
6 | the issuance of the report, including the dates of any
| ||||||
7 | occurrences deemed to necessitate the filing of the report.
| ||||||
8 | (5) If court action is involved, the identity of the
| ||||||
9 | court in which the action is filed, along with the docket
| ||||||
10 | number and date of filing of the action.
| ||||||
11 | (6) Any further pertinent information which the
| ||||||
12 | reporting party deems to be an aid in the evaluation of the
| ||||||
13 | report.
| ||||||
14 | The Department shall have the right to inform patients of | ||||||
15 | the right to
provide written consent for the Department to | ||||||
16 | obtain copies of hospital and
medical records.
The Disciplinary | ||||||
17 | Board or Department may exercise the power under Section
38 of | ||||||
18 | this Act to subpoena copies of hospital or medical records in | ||||||
19 | mandatory
report cases alleging death or permanent bodily | ||||||
20 | injury when consent to obtain
records is not provided by a | ||||||
21 | patient or legal representative. Appropriate
rules shall be | ||||||
22 | adopted by the Department with the approval of the Disciplinary
| ||||||
23 | Board.
| ||||||
24 | When the Department has received written reports | ||||||
25 | concerning incidents
required to be reported in items (34), | ||||||
26 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
27 | failure to report the incident to the Department
under those | ||||||
28 | items shall not be the sole grounds for disciplinary action.
| ||||||
29 | Nothing contained in this Section shall act to in any
way, | ||||||
30 | waive or modify the confidentiality of medical reports
and | ||||||
31 | committee reports to the extent provided by law. Any
| ||||||
32 | information reported or disclosed shall be kept for the
| ||||||
33 | confidential use of the Disciplinary Board, the Medical
| ||||||
34 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
35 | investigative staff, and authorized clerical staff,
as | ||||||
36 | provided in this Act, and shall be afforded the same
status as |
| |||||||
|
|||||||
1 | is provided information concerning medical studies
in Part 21 | ||||||
2 | of Article VIII of the Code of Civil Procedure.
| ||||||
3 | (C) Immunity from prosecution. Any individual or
| ||||||
4 | organization acting in good faith, and not in a wilful and
| ||||||
5 | wanton manner, in complying with this Act by providing any
| ||||||
6 | report or other information to the Disciplinary Board, or
| ||||||
7 | assisting in the investigation or preparation of such
| ||||||
8 | information, or by participating in proceedings of the
| ||||||
9 | Disciplinary Board, or by serving as a member of the
| ||||||
10 | Disciplinary Board, shall not, as a result of such actions,
be | ||||||
11 | subject to criminal prosecution or civil damages.
| ||||||
12 | (D) Indemnification. Members of the Disciplinary
Board, | ||||||
13 | the Medical Coordinators, the Disciplinary Board's
attorneys, | ||||||
14 | the medical investigative staff, physicians
retained under | ||||||
15 | contract to assist and advise the medical
coordinators in the | ||||||
16 | investigation, and authorized clerical
staff shall be | ||||||
17 | indemnified by the State for any actions
occurring within the | ||||||
18 | scope of services on the Disciplinary
Board, done in good faith | ||||||
19 | and not wilful and wanton in
nature. The Attorney General shall | ||||||
20 | defend all such actions
unless he or she determines either that | ||||||
21 | there would be a
conflict of interest in such representation or | ||||||
22 | that the
actions complained of were not in good faith or were | ||||||
23 | wilful
and wanton.
| ||||||
24 | Should the Attorney General decline representation, the
| ||||||
25 | member shall have the right to employ counsel of his or her
| ||||||
26 | choice, whose fees shall be provided by the State, after
| ||||||
27 | approval by the Attorney General, unless there is a
| ||||||
28 | determination by a court that the member's actions were not
in | ||||||
29 | good faith or were wilful and wanton.
| ||||||
30 | The member must notify the Attorney General within 7
days | ||||||
31 | of receipt of notice of the initiation of any action
involving | ||||||
32 | services of the Disciplinary Board. Failure to so
notify the | ||||||
33 | Attorney General shall constitute an absolute
waiver of the | ||||||
34 | right to a defense and indemnification.
| ||||||
35 | The Attorney General shall determine within 7 days
after | ||||||
36 | receiving such notice, whether he or she will
undertake to |
| |||||||
|
|||||||
1 | represent the member.
| ||||||
2 | (E) Deliberations of Disciplinary Board. Upon the
receipt | ||||||
3 | of any report called for by this Act, other than
those reports | ||||||
4 | of impaired persons licensed under this Act
required pursuant | ||||||
5 | to the rules of the Disciplinary Board,
the Disciplinary Board | ||||||
6 | shall notify in writing, by certified
mail, the person who is | ||||||
7 | the subject of the report. Such
notification shall be made | ||||||
8 | within 30 days of receipt by the
Disciplinary Board of the | ||||||
9 | report.
| ||||||
10 | The notification shall include a written notice setting
| ||||||
11 | forth the person's right to examine the report. Included in
| ||||||
12 | such notification shall be the address at which the file is
| ||||||
13 | maintained, the name of the custodian of the reports, and
the | ||||||
14 | telephone number at which the custodian may be reached.
The | ||||||
15 | person who is the subject of the report shall submit
a written | ||||||
16 | statement responding,
clarifying, adding to, or proposing the | ||||||
17 | amending of the
report previously filed. The statement shall | ||||||
18 | become a
permanent part of the file and must be received by the
| ||||||
19 | Disciplinary Board no more than 60 days after the date on
which | ||||||
20 | the person was notified by the Disciplinary Board of the | ||||||
21 | existence of
the
original report.
| ||||||
22 | The Disciplinary Board shall review all reports
received by | ||||||
23 | it, together with any supporting information and
responding | ||||||
24 | statements submitted by persons who are the
subject of reports. | ||||||
25 | The review by the Disciplinary Board
shall be in a timely | ||||||
26 | manner but in no event, shall the
Disciplinary Board's initial | ||||||
27 | review of the material
contained in each disciplinary file be | ||||||
28 | less than 61 days nor
more than 180 days after the receipt of | ||||||
29 | the initial report
by the Disciplinary Board.
| ||||||
30 | When the Disciplinary Board makes its initial review of
the | ||||||
31 | materials contained within its disciplinary files, the
| ||||||
32 | Disciplinary Board shall, in writing, make a determination
as | ||||||
33 | to whether there are sufficient facts to warrant further
| ||||||
34 | investigation or action. Failure to make such determination
| ||||||
35 | within the time provided shall be deemed to be a
determination | ||||||
36 | that there are not sufficient facts to warrant
further |
| |||||||
|
|||||||
1 | investigation or action.
| ||||||
2 | Should the Disciplinary Board find that there are not
| ||||||
3 | sufficient facts to warrant further investigation, or
action, | ||||||
4 | the report shall be accepted for filing and the
matter shall be | ||||||
5 | deemed closed and so reported to the Director. The Director
| ||||||
6 | shall then have 30 days to accept the Medical Disciplinary | ||||||
7 | Board's decision or
request further investigation. The | ||||||
8 | Director shall inform the Board in writing
of the decision to | ||||||
9 | request further investigation, including the specific
reasons | ||||||
10 | for the decision. The
individual or entity filing the original | ||||||
11 | report or complaint
and the person who is the subject of the | ||||||
12 | report or complaint
shall be notified in writing by the | ||||||
13 | Director of
any final action on their report or complaint.
| ||||||
14 | (F) Summary reports. The Disciplinary Board shall
prepare, | ||||||
15 | on a timely basis, but in no event less than one
every other | ||||||
16 | month, a summary report of final actions taken
upon | ||||||
17 | disciplinary files maintained by the Disciplinary Board.
The | ||||||
18 | summary reports shall be sent by the Disciplinary Board
to | ||||||
19 | every health care facility licensed by the Illinois
Department | ||||||
20 | of Public Health, every professional association
and society of | ||||||
21 | persons licensed under this Act functioning
on a statewide | ||||||
22 | basis in this State, the American Medical
Association, the | ||||||
23 | American Osteopathic Association, the
American Chiropractic | ||||||
24 | Association, all insurers providing
professional liability | ||||||
25 | insurance to persons licensed under
this Act in the State of | ||||||
26 | Illinois, the Federation of State
Medical Licensing Boards, and | ||||||
27 | the Illinois Pharmacists
Association.
| ||||||
28 | (G) Any violation of this Section shall be a Class A
| ||||||
29 | misdemeanor.
| ||||||
30 | (H) If any such person violates the provisions of this
| ||||||
31 | Section an action may be brought in the name of the People
of | ||||||
32 | the State of Illinois, through the Attorney General of
the | ||||||
33 | State of Illinois, for an order enjoining such violation
or for | ||||||
34 | an order enforcing compliance with this Section.
Upon filing of | ||||||
35 | a verified petition in such court, the court
may issue a | ||||||
36 | temporary restraining order without notice or
bond and may |
| |||||||
|
|||||||
1 | preliminarily or permanently enjoin such
violation, and if it | ||||||
2 | is established that such person has
violated or is violating | ||||||
3 | the injunction, the court may
punish the offender for contempt | ||||||
4 | of court. Proceedings
under this paragraph shall be in addition | ||||||
5 | to, and not in
lieu of, all other remedies and penalties | ||||||
6 | provided for by
this Section.
| ||||||
7 | (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699, | ||||||
8 | eff.
1-1-99.)
| ||||||
9 | Section 99. Effective date. This Act takes effect 120 days | ||||||
10 | after becoming law. |