93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2614


 
Introduced 2/4/2004, by William R. Haine
 
SYNOPSIS AS INTRODUCED:
 		














225 ILCS 60/40
  from Ch. 111, par. 4400-40







    Amends the Medical Practice Act of 1987. Requires that the list of the names of all persons disciplined under the Act in the preceding 12 months be made publicly available via the Department of Professional Regulation's web site. Effective immediately.



















LRB093 18231 AMC 43930 b




















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














SB2614

LRB093 18231 AMC 43930 b









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    AN ACT concerning professional regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Medical Practice Act of 1987 is amended  by 
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changing Section 40 as follows:
 



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    (225 ILCS 60/40)  (from Ch. 111, par. 4400-40)



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    (Section scheduled to be repealed on January 1, 2007)

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    Sec. 40. The Disciplinary Board shall present to
the 
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Director a written report of its findings and
recommendations.  
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A copy of such report shall be served upon
the accused person, 
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either personally or by registered or
certified mail.  Within 20 
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days after such service, the
accused person may present to the 
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Department their motion,
in writing, for a rehearing, which 
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written motion shall
specify the particular ground therefor.  If 
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the accused
person orders and pays for a transcript of the 
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record as
provided in Section 39, the time elapsing thereafter 
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and
before such transcript is ready for delivery to them shall

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not be counted as part of such 20 days.

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    At the expiration of the time allowed for filing a
motion 
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for rehearing, the Director may take the action
recommended by 
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the Disciplinary Board.  Upon the suspension,
revocation, 
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placement on probationary status, or the taking
of any other 
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disciplinary action, including the limiting of
the scope, 
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nature, or extent of one's practice, deemed
proper by the 
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Department, with regard to the license,
certificate or visiting 
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professor permit, the accused shall
surrender their license to 
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the Department, if ordered to do
so  by the Department, and upon 
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their failure or refusal so
to do, the Department may seize the 
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same.

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    Each certificate of order of revocation, suspension, or

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other disciplinary action shall contain a brief, concise

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statement of the ground or grounds upon which the
Department's 
 


 









SB2614
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LRB093 18231 AMC 43930 b







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action is based, as well as the specific terms
and conditions 
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of such action.  This document shall be
retained as a permanent 
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record by the Disciplinary Board and
the Director.

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    The Department shall at least annually publish a list
of 
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the names of all persons disciplined under this Act in
the 
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preceding 12 months.  Such lists shall be made publicly 
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available via the Department's web site and shall also be

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mailed by the
Department to any person in the State upon 
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request.

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    In those instances where an order of revocation,

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suspension, or other disciplinary action has been rendered
by 
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virtue of a physician's physical illness, including, but
not 
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limited to, deterioration through the aging process, or
loss of 
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motor skill which results in a physician's inability
to 
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practice medicine with reasonable judgment, skill, or
safety, 
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the Department shall only permit this document, and
the record 
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of the hearing incident thereto, to be observed,
inspected, 
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viewed, or copied pursuant to court order.

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(Source: P.A. 85-4.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.