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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Medical Practice Act of 1987 is amended by | |||||||||||||||||||||||
5 | changing Sections 22, 23, and 36 as follows:
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6 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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7 | (Section scheduled to be repealed on January 1, 2007)
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8 | Sec. 22. Disciplinary action.
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9 | (A) The Department may revoke, suspend, place on | |||||||||||||||||||||||
10 | probationary
status, or take any other disciplinary action as | |||||||||||||||||||||||
11 | the Department may deem proper
with regard to the license or | |||||||||||||||||||||||
12 | visiting professor permit of any person issued
under this Act | |||||||||||||||||||||||
13 | to practice medicine, or to treat human ailments without the | |||||||||||||||||||||||
14 | use
of drugs and without operative surgery upon any of the | |||||||||||||||||||||||
15 | following grounds:
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16 | (1) Performance of an elective abortion in any place, | |||||||||||||||||||||||
17 | locale,
facility, or
institution other than:
| |||||||||||||||||||||||
18 | (a) a facility licensed pursuant to the Ambulatory | |||||||||||||||||||||||
19 | Surgical Treatment
Center Act;
| |||||||||||||||||||||||
20 | (b) an institution licensed under the Hospital | |||||||||||||||||||||||
21 | Licensing Act; or
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22 | (c) an ambulatory surgical treatment center or | |||||||||||||||||||||||
23 | hospitalization or care
facility maintained by the | |||||||||||||||||||||||
24 | State or any agency thereof, where such department
or | |||||||||||||||||||||||
25 | agency has authority under law to establish and enforce | |||||||||||||||||||||||
26 | standards for the
ambulatory surgical treatment | |||||||||||||||||||||||
27 | centers, hospitalization, or care facilities
under its | |||||||||||||||||||||||
28 | management and control; or
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29 | (d) ambulatory surgical treatment centers, | |||||||||||||||||||||||
30 | hospitalization or care
facilities maintained by the | |||||||||||||||||||||||
31 | Federal Government; or
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32 | (e) ambulatory surgical treatment centers, |
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| |||||||
1 | hospitalization or care
facilities maintained by any | ||||||
2 | university or college established under the laws
of | ||||||
3 | this State and supported principally by public funds | ||||||
4 | raised by
taxation.
| ||||||
5 | (2) Performance of an abortion procedure in a wilful | ||||||
6 | and wanton
manner on a
woman who was not pregnant at the | ||||||
7 | time the abortion procedure was
performed.
| ||||||
8 | (3) The conviction of a felony in this or any other
| ||||||
9 | jurisdiction, except as
otherwise provided in subsection B | ||||||
10 | of this Section, whether or not related to
practice under | ||||||
11 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
12 | to a
felony charge.
| ||||||
13 | (4) Gross negligence in practice under this Act.
| ||||||
14 | (5) Engaging in dishonorable, unethical or | ||||||
15 | unprofessional
conduct of a
character likely to deceive, | ||||||
16 | defraud or harm the public.
| ||||||
17 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
18 | misrepresentation.
| ||||||
19 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
20 | in law
as
controlled substances, of alcohol, or of any | ||||||
21 | other substances which results in
the inability to practice | ||||||
22 | with reasonable judgment, skill or safety.
| ||||||
23 | (8) Practicing under a false or, except as provided by | ||||||
24 | law, an
assumed
name.
| ||||||
25 | (9) Fraud or misrepresentation in applying for, or | ||||||
26 | procuring, a
license
under this Act or in connection with | ||||||
27 | applying for renewal of a license under
this Act.
| ||||||
28 | (10) Making a false or misleading statement regarding | ||||||
29 | their
skill or the
efficacy or value of the medicine, | ||||||
30 | treatment, or remedy prescribed by them at
their direction | ||||||
31 | in the treatment of any disease or other condition of the | ||||||
32 | body
or mind.
| ||||||
33 | (11) Allowing another person or organization to use | ||||||
34 | their
license, procured
under this Act, to practice.
| ||||||
35 | (12) Disciplinary action of another state or | ||||||
36 | jurisdiction
against a license
or other authorization to |
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| |||||||
1 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
2 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
3 | certified copy of the record of the action taken by
the | ||||||
4 | other state or jurisdiction being prima facie evidence | ||||||
5 | thereof.
| ||||||
6 | (13) Violation of any provision of this Act or of the | ||||||
7 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
8 | violation of the rules, or a final
administrative action of | ||||||
9 | the Director, after consideration of the
recommendation of | ||||||
10 | the Disciplinary Board.
| ||||||
11 | (14) Dividing with anyone other than physicians with | ||||||
12 | whom the
licensee
practices in a partnership, Professional | ||||||
13 | Association, limited liability
company, or Medical or | ||||||
14 | Professional
Corporation any fee, commission, rebate or | ||||||
15 | other form of compensation for any
professional services | ||||||
16 | not actually and personally rendered. Nothing contained
in | ||||||
17 | this subsection prohibits persons holding valid and | ||||||
18 | current licenses under
this Act from practicing medicine in | ||||||
19 | partnership under a partnership
agreement, including a | ||||||
20 | limited liability partnership, in a limited liability
| ||||||
21 | company under the Limited Liability Company Act, in a | ||||||
22 | corporation authorized by
the Medical Corporation Act, as | ||||||
23 | an
association authorized by the Professional Association | ||||||
24 | Act, or in a
corporation under the
Professional Corporation | ||||||
25 | Act or from pooling, sharing, dividing or
apportioning the | ||||||
26 | fees and monies received by them or by the partnership,
| ||||||
27 | corporation or association in accordance with the | ||||||
28 | partnership agreement or the
policies of the Board of | ||||||
29 | Directors of the corporation or association. Nothing
| ||||||
30 | contained in this subsection prohibits 2 or more | ||||||
31 | corporations authorized by the
Medical Corporation Act, | ||||||
32 | from forming a partnership or joint venture of such
| ||||||
33 | corporations, and providing medical, surgical and | ||||||
34 | scientific research and
knowledge by employees of these | ||||||
35 | corporations if such employees are licensed
under this Act, | ||||||
36 | or from pooling, sharing, dividing, or apportioning the |
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| |||||||
1 | fees
and monies received by the partnership or joint | ||||||
2 | venture in accordance with the
partnership or joint venture | ||||||
3 | agreement. Nothing contained in this subsection
shall | ||||||
4 | abrogate the right of 2 or more persons, holding valid and | ||||||
5 | current
licenses under this Act, to each receive adequate | ||||||
6 | compensation for concurrently
rendering professional | ||||||
7 | services to a patient and divide a fee; provided, the
| ||||||
8 | patient has full knowledge of the division, and, provided, | ||||||
9 | that the division is
made in proportion to the services | ||||||
10 | performed and responsibility assumed by
each.
| ||||||
11 | (15) A finding by the Medical Disciplinary Board that | ||||||
12 | the
registrant after
having his or her license placed on | ||||||
13 | probationary status or subjected to
conditions or | ||||||
14 | restrictions violated the terms of the probation or failed | ||||||
15 | to
comply with such terms or conditions.
| ||||||
16 | (16) Abandonment of a patient.
| ||||||
17 | (17) Prescribing, selling, administering, | ||||||
18 | distributing, giving
or
self-administering any drug | ||||||
19 | classified as a controlled substance (designated
product) | ||||||
20 | or narcotic for other than medically accepted therapeutic
| ||||||
21 | purposes.
| ||||||
22 | (18) Promotion of the sale of drugs, devices, | ||||||
23 | appliances or
goods provided
for a patient in such manner | ||||||
24 | as to exploit the patient for financial gain of
the | ||||||
25 | physician.
| ||||||
26 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
27 | disease by a secret
method, procedure, treatment or | ||||||
28 | medicine, or the treating, operating or
prescribing for any | ||||||
29 | human condition by a method, means or procedure which the
| ||||||
30 | licensee refuses to divulge upon demand of the Department.
| ||||||
31 | (20) Immoral conduct in the commission of any act | ||||||
32 | including,
but not limited to, commission of an act of | ||||||
33 | sexual misconduct related to the
licensee's
practice.
| ||||||
34 | (21) Wilfully making or filing false records or reports | ||||||
35 | in his
or her
practice as a physician, including, but not | ||||||
36 | limited to, false records to
support claims against the |
| |||||||
| |||||||
1 | medical assistance program of the Department of
Public Aid | ||||||
2 | under the Illinois Public Aid Code.
| ||||||
3 | (22) Wilful omission to file or record, or wilfully | ||||||
4 | impeding
the filing or
recording, or inducing another | ||||||
5 | person to omit to file or record, medical
reports as | ||||||
6 | required by law, or wilfully failing to report an instance | ||||||
7 | of
suspected abuse or neglect as required by law.
| ||||||
8 | (23) Being named as a perpetrator in an indicated | ||||||
9 | report by
the Department
of Children and Family Services | ||||||
10 | under the Abused and Neglected Child Reporting
Act, and | ||||||
11 | upon proof by clear and convincing evidence that the | ||||||
12 | licensee has
caused a child to be an abused child or | ||||||
13 | neglected child as defined in the
Abused and Neglected | ||||||
14 | Child Reporting Act.
| ||||||
15 | (24) Solicitation of professional patronage by any
| ||||||
16 | corporation, agents or
persons, or profiting from those | ||||||
17 | representing themselves to be agents of the
licensee.
| ||||||
18 | (25) Gross and wilful and continued overcharging for
| ||||||
19 | professional services,
including filing false statements | ||||||
20 | for collection of fees for which services are
not rendered, | ||||||
21 | including, but not limited to, filing such false statements | ||||||
22 | for
collection of monies for services not rendered from the | ||||||
23 | medical assistance
program of the Department of Public Aid | ||||||
24 | under the Illinois Public Aid
Code.
| ||||||
25 | (26) A pattern of practice or other behavior which
| ||||||
26 | demonstrates incapacity
or incompetence to practice under | ||||||
27 | this Act.
| ||||||
28 | (27) Mental illness or disability which results in the
| ||||||
29 | inability to
practice under this Act with reasonable | ||||||
30 | judgment, skill or safety.
| ||||||
31 | (28) Physical illness, including, but not limited to,
| ||||||
32 | deterioration through
the aging process, or loss of motor | ||||||
33 | skill which results in a physician's
inability to practice | ||||||
34 | under this Act with reasonable judgment, skill or
safety.
| ||||||
35 | (29) Cheating on or attempt to subvert the licensing
| ||||||
36 | examinations
administered under this Act.
|
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| |||||||
1 | (30) Wilfully or negligently violating the | ||||||
2 | confidentiality
between
physician and patient except as | ||||||
3 | required by law.
| ||||||
4 | (31) The use of any false, fraudulent, or deceptive | ||||||
5 | statement
in any
document connected with practice under | ||||||
6 | this Act.
| ||||||
7 | (32) Aiding and abetting an individual not licensed | ||||||
8 | under this
Act in the
practice of a profession licensed | ||||||
9 | under this Act.
| ||||||
10 | (33) Violating state or federal laws or regulations | ||||||
11 | relating
to legend drugs or legally prohibited substances
| ||||||
12 | controlled
substances .
| ||||||
13 | (34) Failure to report to the Department any adverse | ||||||
14 | final
action taken
against them by another licensing | ||||||
15 | jurisdiction (any other state or any
territory of the | ||||||
16 | United States or any foreign state or country), by any peer
| ||||||
17 | review body, by any health care institution, by any | ||||||
18 | professional society or
association related to practice | ||||||
19 | under this Act, by any governmental agency, by
any law | ||||||
20 | enforcement agency, or by any court for acts or conduct | ||||||
21 | similar to acts
or conduct which would constitute grounds | ||||||
22 | for action as defined in this
Section.
| ||||||
23 | (35) Failure to report to the Department surrender of a
| ||||||
24 | license or
authorization to practice as a medical doctor, a | ||||||
25 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
26 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
27 | surrender of membership on
any medical staff or in any | ||||||
28 | medical or professional association or society,
while | ||||||
29 | under disciplinary investigation by any of those | ||||||
30 | authorities or bodies,
for acts or conduct similar to acts | ||||||
31 | or conduct which would constitute grounds
for action as | ||||||
32 | defined in this Section.
| ||||||
33 | (36) Failure to report to the Department any adverse | ||||||
34 | judgment,
settlement,
or award arising from a liability | ||||||
35 | claim related to acts or conduct similar to
acts or conduct | ||||||
36 | which would constitute grounds for action as defined in |
| |||||||
| |||||||
1 | this
Section.
| ||||||
2 | (37) Failure to transfer copies of medical records as | ||||||
3 | required
by law.
| ||||||
4 | (38) Failure to furnish the Department, its | ||||||
5 | investigators or
representatives, relevant information, | ||||||
6 | legally requested by the Department
after consultation | ||||||
7 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
8 | Coordinator.
| ||||||
9 | (39) Violating the Health Care Worker Self-Referral
| ||||||
10 | Act.
| ||||||
11 | (40) Willful failure to provide notice when notice is | ||||||
12 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
13 | (41) Failure to establish and maintain records of | ||||||
14 | patient care and
treatment as required by this law.
| ||||||
15 | (42) Entering into an excessive number of written | ||||||
16 | collaborative
agreements with licensed advanced practice | ||||||
17 | nurses resulting in an inability to
adequately collaborate | ||||||
18 | and provide medical direction.
| ||||||
19 | (43) Repeated failure to adequately collaborate with | ||||||
20 | or provide medical
direction to a licensed advanced | ||||||
21 | practice nurse.
| ||||||
22 | All proceedings to suspend,
revoke, place on probationary | ||||||
23 | status, or take any
other disciplinary action as the Department | ||||||
24 | may deem proper, with regard to a
license on any of the | ||||||
25 | foregoing grounds, must be commenced within 3 years next
after | ||||||
26 | receipt by the Department of a complaint alleging the | ||||||
27 | commission of or
notice of the conviction order for any of the | ||||||
28 | acts described herein. Except
for the grounds numbered (8), (9) | ||||||
29 | and (29), no action shall be commenced more
than 5 years after | ||||||
30 | the date of the incident or act alleged to have violated
this | ||||||
31 | Section. In the event of the settlement of any claim or cause | ||||||
32 | of action
in favor of the claimant or the reduction to final | ||||||
33 | judgment of any civil action
in favor of the plaintiff, such | ||||||
34 | claim, cause of action or civil action being
grounded on the | ||||||
35 | allegation that a person licensed under this Act was negligent
| ||||||
36 | in providing care, the Department shall have an additional |
| |||||||
| |||||||
1 | period of one year
from the date of notification to the | ||||||
2 | Department under Section 23 of this Act
of such settlement or | ||||||
3 | final judgment in which to investigate and
commence formal | ||||||
4 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
5 | as otherwise provided by law. The time during which the holder | ||||||
6 | of the license
was outside the State of Illinois shall not be | ||||||
7 | included within any period of
time limiting the commencement of | ||||||
8 | disciplinary action by the Department.
| ||||||
9 | The entry of an order or judgment by any circuit court | ||||||
10 | establishing that any
person holding a license under this Act | ||||||
11 | is a person in need of mental treatment
operates as a | ||||||
12 | suspension of that license. That person may resume their
| ||||||
13 | practice only upon the entry of a Departmental order based upon | ||||||
14 | a finding by
the Medical Disciplinary Board that they have been | ||||||
15 | determined to be recovered
from mental illness by the court and | ||||||
16 | upon the Disciplinary Board's
recommendation that they be | ||||||
17 | permitted to resume their practice.
| ||||||
18 | The Department may refuse to issue or take disciplinary | ||||||
19 | action concerning the license of any person
who fails to file a | ||||||
20 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
21 | return, or to pay any final assessment of tax, penalty or | ||||||
22 | interest, as
required by any tax Act administered by the | ||||||
23 | Illinois Department of Revenue,
until such time as the | ||||||
24 | requirements of any such tax Act are satisfied as
determined by | ||||||
25 | the Illinois Department of Revenue.
| ||||||
26 | The Department, upon the recommendation of the | ||||||
27 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
28 | to be used in determining:
| ||||||
29 | (a) when a person will be deemed sufficiently | ||||||
30 | rehabilitated to warrant the
public trust;
| ||||||
31 | (b) what constitutes dishonorable, unethical or | ||||||
32 | unprofessional conduct of
a character likely to deceive, | ||||||
33 | defraud, or harm the public;
| ||||||
34 | (c) what constitutes immoral conduct in the commission | ||||||
35 | of any act,
including, but not limited to, commission of an | ||||||
36 | act of sexual misconduct
related
to the licensee's |
| |||||||
| |||||||
1 | practice; and
| ||||||
2 | (d) what constitutes gross negligence in the practice | ||||||
3 | of medicine.
| ||||||
4 | However, no such rule shall be admissible into evidence in | ||||||
5 | any civil action
except for review of a licensing or other | ||||||
6 | disciplinary action under this Act.
| ||||||
7 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
8 | upon a showing of a possible violation, may compel any | ||||||
9 | individual licensed to
practice under this Act, or who has | ||||||
10 | applied for licensure or a permit
pursuant to this Act, to | ||||||
11 | submit to a mental or physical examination, or both,
as | ||||||
12 | required by and at the expense of the Department. The examining | ||||||
13 | physician
or physicians shall be those specifically designated | ||||||
14 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
15 | the Department may order the examining
physician to present | ||||||
16 | testimony concerning this mental or physical examination
of the | ||||||
17 | licensee or applicant. No information shall be excluded by | ||||||
18 | reason of
any common
law or statutory privilege relating to | ||||||
19 | communication between the licensee or
applicant and
the | ||||||
20 | examining physician.
The individual to be examined may have, at | ||||||
21 | his or her own expense, another
physician of his or her choice | ||||||
22 | present during all aspects of the examination.
Failure of any | ||||||
23 | individual to submit to mental or physical examination, when
| ||||||
24 | directed, shall be grounds for suspension of his or her license | ||||||
25 | until such time
as the individual submits to the examination if | ||||||
26 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
27 | the refusal to submit to the examination was
without reasonable | ||||||
28 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
29 | practice because of the reasons set forth in this Section, the | ||||||
30 | Disciplinary
Board shall require such physician to submit to | ||||||
31 | care, counseling, or treatment
by physicians approved or | ||||||
32 | designated by the Disciplinary Board, as a condition
for | ||||||
33 | continued, reinstated, or renewed licensure to practice. Any | ||||||
34 | physician,
whose license was granted pursuant to Sections 9, | ||||||
35 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
36 | disciplined or supervised, subject to such
terms, conditions or |
| |||||||
| |||||||
1 | restrictions who shall fail to comply with such terms,
| ||||||
2 | conditions or restrictions, or to complete a required program | ||||||
3 | of care,
counseling, or treatment, as determined by the Chief | ||||||
4 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
5 | referred to the Director for a
determination as to whether the | ||||||
6 | licensee shall have their license suspended
immediately, | ||||||
7 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
8 | which the Director immediately suspends a license under this | ||||||
9 | Section, a hearing
upon such person's license must be convened | ||||||
10 | by the Disciplinary Board within 15
days after such suspension | ||||||
11 | and completed without appreciable delay. The
Disciplinary | ||||||
12 | Board shall have the authority to review the subject | ||||||
13 | physician's
record of treatment and counseling regarding the | ||||||
14 | impairment, to the extent
permitted by applicable federal | ||||||
15 | statutes and regulations safeguarding the
confidentiality of | ||||||
16 | medical records.
| ||||||
17 | An individual licensed under this Act, affected under this | ||||||
18 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
19 | Disciplinary Board that they can
resume practice in compliance | ||||||
20 | with acceptable and prevailing standards under
the provisions | ||||||
21 | of their license.
| ||||||
22 | The Department may promulgate rules for the imposition of | ||||||
23 | fines in
disciplinary cases, not to exceed $5,000 for each | ||||||
24 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
25 | other forms of disciplinary action, but
shall not be the | ||||||
26 | exclusive disposition of any disciplinary action arising out
of | ||||||
27 | conduct resulting in death or injury to a patient. Any funds | ||||||
28 | collected from
such fines shall be deposited in the Medical | ||||||
29 | Disciplinary Fund.
| ||||||
30 | (B) The Department shall revoke the license or visiting
| ||||||
31 | permit of any person issued under this Act to practice medicine | ||||||
32 | or to treat
human ailments without the use of drugs and without | ||||||
33 | operative surgery, who
has been convicted a second time of | ||||||
34 | committing any felony under the
Illinois Controlled Substances | ||||||
35 | Act, or who has been convicted a second time of
committing a | ||||||
36 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois |
| |||||||
| |||||||
1 | Public
Aid Code. A person whose license or visiting permit is | ||||||
2 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
3 | be prohibited from practicing
medicine or treating human | ||||||
4 | ailments without the use of drugs and without
operative | ||||||
5 | surgery.
| ||||||
6 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
7 | Department civil
penalties and any other appropriate | ||||||
8 | discipline in disciplinary cases when the
Board finds that a | ||||||
9 | physician willfully performed an abortion with actual
| ||||||
10 | knowledge that the person upon whom the abortion has been | ||||||
11 | performed is a minor
or an incompetent person without notice as | ||||||
12 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
13 | Upon the Board's recommendation, the Department shall
impose, | ||||||
14 | for the first violation, a civil penalty of $1,000 and for a | ||||||
15 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
16 | (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, | ||||||
17 | eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
| ||||||
18 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
20 | Sec. 23. Reports relating to professional conduct
and | ||||||
21 | capacity.
| ||||||
22 | (A) Entities required to report.
| ||||||
23 | (1) Health care institutions. The chief administrator
| ||||||
24 | or executive officer of any health care institution | ||||||
25 | licensed
by the Illinois Department of Public Health shall | ||||||
26 | report to
the Disciplinary Board when any person's clinical | ||||||
27 | privileges
are terminated or are restricted based on a | ||||||
28 | final
determination, in accordance with that institution's | ||||||
29 | by-laws
or rules and regulations, that a person has either | ||||||
30 | committed
an act or acts which may directly threaten | ||||||
31 | patient care, and not of an
administrative nature, or that | ||||||
32 | a person may be mentally or
physically disabled in such a | ||||||
33 | manner as to endanger patients
under that person's care. | ||||||
34 | Such officer also shall report if
a person accepts | ||||||
35 | voluntary termination or restriction of
clinical |
| |||||||
| |||||||
1 | privileges in lieu of formal action based upon conduct | ||||||
2 | related
directly to patient care and
not of an | ||||||
3 | administrative nature, or in lieu of formal action
seeking | ||||||
4 | to determine whether a person may be mentally or
physically | ||||||
5 | disabled in such a manner as to endanger patients
under | ||||||
6 | that person's care. The Medical Disciplinary Board
shall, | ||||||
7 | by rule, provide for the reporting to it of all
instances | ||||||
8 | in which a person, licensed under this Act, who is
impaired | ||||||
9 | by reason of age, drug or alcohol abuse or physical
or | ||||||
10 | mental impairment, is under supervision and, where
| ||||||
11 | appropriate, is in a program of rehabilitation. Such
| ||||||
12 | reports shall be strictly confidential and may be reviewed
| ||||||
13 | and considered only by the members of the Disciplinary
| ||||||
14 | Board, or by authorized staff as provided by rules of the
| ||||||
15 | Disciplinary Board. Provisions shall be made for the
| ||||||
16 | periodic report of the status of any such person not less
| ||||||
17 | than twice annually in order that the Disciplinary Board
| ||||||
18 | shall have current information upon which to determine the
| ||||||
19 | status of any such person. Such initial and periodic
| ||||||
20 | reports of impaired physicians shall not be considered
| ||||||
21 | records within the meaning of The State Records Act and
| ||||||
22 | shall be disposed of, following a determination by the
| ||||||
23 | Disciplinary Board that such reports are no longer | ||||||
24 | required,
in a manner and at such time as the Disciplinary | ||||||
25 | Board shall
determine by rule. The filing of such reports | ||||||
26 | shall be
construed as the filing of a report for purposes | ||||||
27 | of
subsection (C) of this Section.
| ||||||
28 | (2) Professional associations. The President or chief
| ||||||
29 | executive officer of any association or society, of persons
| ||||||
30 | licensed under this Act, operating within this State shall
| ||||||
31 | report to the Disciplinary Board when the association or
| ||||||
32 | society renders a final determination that a person has
| ||||||
33 | committed unprofessional conduct related directly to | ||||||
34 | patient
care or that a person may be mentally or physically | ||||||
35 | disabled
in such a manner as to endanger patients under | ||||||
36 | that person's
care.
|
| |||||||
| |||||||
1 | (3) Professional liability insurers. Every insurance
| ||||||
2 | company which offers policies of professional liability
| ||||||
3 | insurance to persons licensed under this Act, or any other
| ||||||
4 | entity which seeks to indemnify the professional liability
| ||||||
5 | of a person licensed under this Act, shall report to the
| ||||||
6 | Disciplinary Board the settlement of any claim or cause of
| ||||||
7 | action, or final judgment rendered in any cause of action,
| ||||||
8 | which alleged negligence in the furnishing of medical care
| ||||||
9 | by such licensed person when such settlement or final
| ||||||
10 | judgment is in favor of the plaintiff.
| ||||||
11 | (4) State's Attorneys. The State's Attorney of each
| ||||||
12 | county shall report to the Disciplinary Board all instances
| ||||||
13 | in which a person licensed under this Act is convicted or
| ||||||
14 | otherwise found guilty of the commission of any felony. The | ||||||
15 | State's Attorney
of each county may report to the | ||||||
16 | Disciplinary Board through a verified
complaint any | ||||||
17 | instance in which the State's Attorney believes that a | ||||||
18 | physician
has willfully violated the notice requirements | ||||||
19 | of the Parental Notice of
Abortion Act of 1995.
| ||||||
20 | (5) State agencies. All agencies, boards,
commissions, | ||||||
21 | departments, or other instrumentalities of the
government | ||||||
22 | of the State of Illinois shall report to the
Disciplinary | ||||||
23 | Board any instance arising in connection with
the | ||||||
24 | operations of such agency, including the administration
of | ||||||
25 | any law by such agency, in which a person licensed under
| ||||||
26 | this Act has either committed an act or acts which may be a
| ||||||
27 | violation of this Act or which may constitute | ||||||
28 | unprofessional
conduct related directly to patient care or | ||||||
29 | which indicates
that a person licensed under this Act may | ||||||
30 | be mentally or
physically disabled in such a manner as to | ||||||
31 | endanger patients
under that person's care.
| ||||||
32 | (B) Mandatory reporting. All reports required by items | ||||||
33 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
34 | Section 23 shall be submitted to the Disciplinary Board in a | ||||||
35 | timely
fashion. The reports shall be filed in writing within 60
| ||||||
36 | days after a determination that a report is required under
this |
| |||||||
| |||||||
1 | Act. All reports shall contain the following
information:
| ||||||
2 | (1) The name, address and telephone number of the
| ||||||
3 | person making the report.
| ||||||
4 | (2) The name, address and telephone number of the
| ||||||
5 | person who is the subject of the report.
| ||||||
6 | (3) The name or other means of identification of any
| ||||||
7 | patient or patients whose treatment is a subject of the
| ||||||
8 | report, provided, however, no medical records may be
| ||||||
9 | revealed without the written consent of the patient or
| ||||||
10 | patients.
| ||||||
11 | (4) A brief description of the facts which gave rise
to | ||||||
12 | the issuance of the report, including the dates of any
| ||||||
13 | occurrences deemed to necessitate the filing of the report.
| ||||||
14 | (5) If court action is involved, the identity of the
| ||||||
15 | court in which the action is filed, along with the docket
| ||||||
16 | number and date of filing of the action.
| ||||||
17 | (6) Any further pertinent information which the
| ||||||
18 | reporting party deems to be an aid in the evaluation of the
| ||||||
19 | report.
| ||||||
20 | The Department shall have the right to inform patients of | ||||||
21 | the right to
provide written consent for the Department to | ||||||
22 | obtain copies of hospital and
medical records.
The Disciplinary | ||||||
23 | Board or Department may exercise the power under Section
38 of | ||||||
24 | this Act to subpoena copies of hospital or medical records in | ||||||
25 | mandatory
report cases alleging death or permanent bodily | ||||||
26 | injury when consent to obtain
records is not provided by a | ||||||
27 | patient or legal representative. Appropriate
rules shall be | ||||||
28 | adopted by the Department with the approval of the Disciplinary
| ||||||
29 | Board.
| ||||||
30 | When the Department has received written reports | ||||||
31 | concerning incidents
required to be reported in items (34), | ||||||
32 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
33 | failure to report the incident to the Department
under those | ||||||
34 | items shall not be the sole grounds for disciplinary action.
| ||||||
35 | Nothing contained in this Section shall act to in any
way, | ||||||
36 | waive or modify the confidentiality of medical reports
and |
| |||||||
| |||||||
1 | committee reports to the extent provided by law. Any
| ||||||
2 | information reported or disclosed shall be kept for the
| ||||||
3 | confidential use of the Disciplinary Board, the Medical
| ||||||
4 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
5 | investigative staff, and authorized clerical staff,
as | ||||||
6 | provided in this Act, and shall be afforded the same
status as | ||||||
7 | is provided information concerning medical studies
in Part 21 | ||||||
8 | of Article VIII of the Code of Civil Procedure , except that | ||||||
9 | upon service of a valid subpoena the Department may disclose | ||||||
10 | information and documents to a federal, state, or local law | ||||||
11 | enforcement agency .
| ||||||
12 | (C) Immunity from prosecution. Any individual or
| ||||||
13 | organization acting in good faith, and not in a wilful and
| ||||||
14 | wanton manner, in complying with this Act by providing any
| ||||||
15 | report or other information to the Disciplinary Board, or
| ||||||
16 | assisting in the investigation or preparation of such
| ||||||
17 | information, or by participating in proceedings of the
| ||||||
18 | Disciplinary Board, or by serving as a member of the
| ||||||
19 | Disciplinary Board, shall not, as a result of such actions,
be | ||||||
20 | subject to criminal prosecution or civil damages.
| ||||||
21 | (D) Indemnification. Members of the Disciplinary
Board, | ||||||
22 | the Medical Coordinators, the Disciplinary Board's
attorneys, | ||||||
23 | the medical investigative staff, physicians
retained under | ||||||
24 | contract to assist and advise the medical
coordinators in the | ||||||
25 | investigation, and authorized clerical
staff shall be | ||||||
26 | indemnified by the State for any actions
occurring within the | ||||||
27 | scope of services on the Disciplinary
Board, done in good faith | ||||||
28 | and not wilful and wanton in
nature. The Attorney General shall | ||||||
29 | defend all such actions
unless he or she determines either that | ||||||
30 | there would be a
conflict of interest in such representation or | ||||||
31 | that the
actions complained of were not in good faith or were | ||||||
32 | wilful
and wanton.
| ||||||
33 | Should the Attorney General decline representation, the
| ||||||
34 | member shall have the right to employ counsel of his or her
| ||||||
35 | choice, whose fees shall be provided by the State, after
| ||||||
36 | approval by the Attorney General, unless there is a
|
| |||||||
| |||||||
1 | determination by a court that the member's actions were not
in | ||||||
2 | good faith or were wilful and wanton.
| ||||||
3 | The member must notify the Attorney General within 7
days | ||||||
4 | of receipt of notice of the initiation of any action
involving | ||||||
5 | services of the Disciplinary Board. Failure to so
notify the | ||||||
6 | Attorney General shall constitute an absolute
waiver of the | ||||||
7 | right to a defense and indemnification.
| ||||||
8 | The Attorney General shall determine within 7 days
after | ||||||
9 | receiving such notice, whether he or she will
undertake to | ||||||
10 | represent the member.
| ||||||
11 | (E) Deliberations of Disciplinary Board. Upon the
receipt | ||||||
12 | of any report called for by this Act, other than
those reports | ||||||
13 | of impaired persons licensed under this Act
required pursuant | ||||||
14 | to the rules of the Disciplinary Board,
the Disciplinary Board | ||||||
15 | shall notify in writing, by certified
mail, the person who is | ||||||
16 | the subject of the report. Such
notification shall be made | ||||||
17 | within 30 days of receipt by the
Disciplinary Board of the | ||||||
18 | report.
| ||||||
19 | The notification shall include a written notice setting
| ||||||
20 | forth the person's right to examine the report. Included in
| ||||||
21 | such notification shall be the address at which the file is
| ||||||
22 | maintained, the name of the custodian of the reports, and
the | ||||||
23 | telephone number at which the custodian may be reached.
The | ||||||
24 | person who is the subject of the report shall submit a written | ||||||
25 | statement responding,
clarifying, adding to, or proposing the | ||||||
26 | amending of the
report previously filed. The statement shall | ||||||
27 | become a
permanent part of the file and must be received by the
| ||||||
28 | Disciplinary Board no more than 60 days after the date on
which | ||||||
29 | the person was notified by the Disciplinary Board of the | ||||||
30 | existence of
the
original report.
| ||||||
31 | The Disciplinary Board shall review all reports
received by | ||||||
32 | it, together with any supporting information and
responding | ||||||
33 | statements submitted by persons who are the
subject of reports. | ||||||
34 | The review by the Disciplinary Board
shall be in a timely | ||||||
35 | manner but in no event, shall the
Disciplinary Board's initial | ||||||
36 | review of the material
contained in each disciplinary file be |
| |||||||
| |||||||
1 | less than 61 days nor
more than 180 days after the receipt of | ||||||
2 | the initial report
by the Disciplinary Board.
| ||||||
3 | When the Disciplinary Board makes its initial review of
the | ||||||
4 | materials contained within its disciplinary files, the
| ||||||
5 | Disciplinary Board shall, in writing, make a determination
as | ||||||
6 | to whether there are sufficient facts to warrant further
| ||||||
7 | investigation or action. Failure to make such determination
| ||||||
8 | within the time provided shall be deemed to be a
determination | ||||||
9 | that there are not sufficient facts to warrant
further | ||||||
10 | investigation or action.
| ||||||
11 | Should the Disciplinary Board find that there are not
| ||||||
12 | sufficient facts to warrant further investigation, or
action, | ||||||
13 | the report shall be accepted for filing and the
matter shall be | ||||||
14 | deemed closed and so reported to the Director. The Director
| ||||||
15 | shall then have 30 days to accept the Medical Disciplinary | ||||||
16 | Board's decision or
request further investigation. The | ||||||
17 | Director shall inform the Board in writing
of the decision to | ||||||
18 | request further investigation, including the specific
reasons | ||||||
19 | for the decision. The
individual or entity filing the original | ||||||
20 | report or complaint
and the person who is the subject of the | ||||||
21 | report or complaint
shall be notified in writing by the | ||||||
22 | Director of
any final action on their report or complaint.
| ||||||
23 | (F) Summary reports. The Disciplinary Board shall
prepare, | ||||||
24 | on a timely basis, but in no event less than one
every other | ||||||
25 | month, a summary report of final actions taken
upon | ||||||
26 | disciplinary files maintained by the Disciplinary Board.
The | ||||||
27 | summary reports shall be sent by the Disciplinary Board
to | ||||||
28 | every health care facility licensed by the Illinois
Department | ||||||
29 | of Public Health, every professional association
and society of | ||||||
30 | persons licensed under this Act functioning
on a statewide | ||||||
31 | basis in this State, the American Medical
Association, the | ||||||
32 | American Osteopathic Association, the
American Chiropractic | ||||||
33 | Association, all insurers providing
professional liability | ||||||
34 | insurance to persons licensed under
this Act in the State of | ||||||
35 | Illinois, the Federation of State
Medical Licensing Boards, and | ||||||
36 | the Illinois Pharmacists
Association.
|
| |||||||
| |||||||
1 | (G) Any violation of this Section shall be a Class A
| ||||||
2 | misdemeanor.
| ||||||
3 | (H) If any such person violates the provisions of this
| ||||||
4 | Section an action may be brought in the name of the People
of | ||||||
5 | the State of Illinois, through the Attorney General of
the | ||||||
6 | State of Illinois, for an order enjoining such violation
or for | ||||||
7 | an order enforcing compliance with this Section.
Upon filing of | ||||||
8 | a verified petition in such court, the court
may issue a | ||||||
9 | temporary restraining order without notice or
bond and may | ||||||
10 | preliminarily or permanently enjoin such
violation, and if it | ||||||
11 | is established that such person has
violated or is violating | ||||||
12 | the injunction, the court may
punish the offender for contempt | ||||||
13 | of court. Proceedings
under this paragraph shall be in addition | ||||||
14 | to, and not in
lieu of, all other remedies and penalties | ||||||
15 | provided for by
this Section.
| ||||||
16 | (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699, | ||||||
17 | eff.
1-1-99.)
| ||||||
18 | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
20 | Sec. 36. Upon the motion of either the Department
or the | ||||||
21 | Disciplinary Board or upon the verified complaint in
writing of | ||||||
22 | any person setting forth facts which, if proven,
would | ||||||
23 | constitute grounds for suspension or revocation under
Section | ||||||
24 | 22 of this Act, the Department shall investigate the
actions of | ||||||
25 | any person, so accused, who holds or represents
that they hold | ||||||
26 | a license. Such person is hereinafter called
the accused.
| ||||||
27 | The Department shall, before suspending, revoking,
placing | ||||||
28 | on probationary status, or taking any other
disciplinary action | ||||||
29 | as the Department may deem proper with
regard to any license at | ||||||
30 | least 30 days prior to the date set
for the hearing, notify the | ||||||
31 | accused in writing of any
charges made and the time and place | ||||||
32 | for a hearing of the
charges before the Disciplinary Board, | ||||||
33 | direct them to file
their written answer thereto to the | ||||||
34 | Disciplinary Board under
oath within 20 days after the service | ||||||
35 | on them of such notice
and inform them that if they fail to |
| |||||||
| |||||||
1 | file such answer
default will be taken against them and their | ||||||
2 | license may be
suspended, revoked, placed on probationary | ||||||
3 | status, or have
other disciplinary action, including limiting | ||||||
4 | the scope,
nature or extent of their practice, as the | ||||||
5 | Department may
deem proper taken with regard thereto.
| ||||||
6 | Where a physician has been found, upon complaint and
| ||||||
7 | investigation of the Department, and after hearing, to have
| ||||||
8 | performed an abortion procedure in a wilful and wanton
manner | ||||||
9 | upon a woman who was not pregnant at the time such
abortion | ||||||
10 | procedure was performed, the Department shall
automatically | ||||||
11 | revoke the license of such physician to
practice medicine in | ||||||
12 | Illinois.
| ||||||
13 | Such written notice and any notice in such proceedings
| ||||||
14 | thereafter may be served by delivery of the same,
personally, | ||||||
15 | to the accused person, or by mailing the same by
registered or | ||||||
16 | certified mail to the address last theretofore
specified by the | ||||||
17 | accused in their last notification to the
Department.
| ||||||
18 | All information gathered by the Department during its | ||||||
19 | investigation
including information subpoenaed
under Section | ||||||
20 | 23 or 38 of this Act and the investigative file shall be kept | ||||||
21 | for
the confidential use of the Director, Disciplinary Board, | ||||||
22 | the Medical
Coordinators, persons employed by contract to | ||||||
23 | advise the Medical Coordinator or
the Department, the
| ||||||
24 | Disciplinary Board's attorneys, the medical investigative | ||||||
25 | staff, and authorized
clerical staff, as provided in this Act | ||||||
26 | and shall be afforded the same status
as is provided | ||||||
27 | information concerning medical studies in Part 21 of Article
| ||||||
28 | VIII of the Code of Civil Procedure , except that upon service | ||||||
29 | of a valid subpoena the Department may disclose information and | ||||||
30 | documents to a federal, state, or local law enforcement agency .
| ||||||
31 | (Source: P.A. 90-699, eff. 1-1-99.)
|