Rep. John A. Fritchey
Filed: 4/24/2007
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1 | AMENDMENT TO HOUSE BILL 317
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2 | AMENDMENT NO. ______. Amend House Bill 317, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following: | ||||||
5 | "Section 2. The Medical Practice Act of 1987 is amended by | ||||||
6 | changing Sections 22 and 23 as follows:
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7 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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8 | (Section scheduled to be repealed on December 31, 2008)
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9 | Sec. 22. Disciplinary action.
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10 | (A) The Department may revoke, suspend, place on | ||||||
11 | probationary
status, refuse to renew, or take any other | ||||||
12 | disciplinary action as the Department may deem proper
with | ||||||
13 | regard to the license or visiting professor permit of any | ||||||
14 | person issued
under this Act to practice medicine, or to treat | ||||||
15 | human ailments without the use
of drugs and without operative | ||||||
16 | surgery upon any of the following grounds:
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1 | (1) Performance of an elective abortion in any place, | ||||||
2 | locale,
facility, or
institution other than:
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3 | (a) a facility licensed pursuant to the Ambulatory | ||||||
4 | Surgical Treatment
Center Act;
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5 | (b) an institution licensed under the Hospital | ||||||
6 | Licensing Act; or
| ||||||
7 | (c) an ambulatory surgical treatment center or | ||||||
8 | hospitalization or care
facility maintained by the | ||||||
9 | State or any agency thereof, where such department
or | ||||||
10 | agency has authority under law to establish and enforce | ||||||
11 | standards for the
ambulatory surgical treatment | ||||||
12 | centers, hospitalization, or care facilities
under its | ||||||
13 | management and control; or
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14 | (d) ambulatory surgical treatment centers, | ||||||
15 | hospitalization or care
facilities maintained by the | ||||||
16 | Federal Government; or
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17 | (e) ambulatory surgical treatment centers, | ||||||
18 | hospitalization or care
facilities maintained by any | ||||||
19 | university or college established under the laws
of | ||||||
20 | this State and supported principally by public funds | ||||||
21 | raised by
taxation.
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22 | (2) Performance of an abortion procedure in a wilful | ||||||
23 | and wanton
manner on a
woman who was not pregnant at the | ||||||
24 | time the abortion procedure was
performed.
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25 | (3) The conviction of a felony in this or any other
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26 | jurisdiction, except as
otherwise provided in subsection B |
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1 | of this Section, whether or not related to
practice under | ||||||
2 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
3 | to a
felony charge.
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4 | (4) Gross negligence in practice under this Act.
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5 | (5) Engaging in dishonorable, unethical or | ||||||
6 | unprofessional
conduct of a
character likely to deceive, | ||||||
7 | defraud or harm the public.
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8 | (6) Obtaining any fee by fraud, deceit, or
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9 | misrepresentation.
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10 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
11 | in law
as
controlled substances, of alcohol, or of any | ||||||
12 | other substances which results in
the inability to practice | ||||||
13 | with reasonable judgment, skill or safety.
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14 | (8) Practicing under a false or, except as provided by | ||||||
15 | law, an
assumed
name.
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16 | (9) Fraud or misrepresentation in applying for, or | ||||||
17 | procuring, a
license
under this Act or in connection with | ||||||
18 | applying for renewal of a license under
this Act.
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19 | (10) Making a false or misleading statement regarding | ||||||
20 | their
skill or the
efficacy or value of the medicine, | ||||||
21 | treatment, or remedy prescribed by them at
their direction | ||||||
22 | in the treatment of any disease or other condition of the | ||||||
23 | body
or mind.
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24 | (11) Allowing another person or organization to use | ||||||
25 | their
license, procured
under this Act, to practice.
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26 | (12) Disciplinary action of another state or |
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1 | jurisdiction
against a license
or other authorization to | ||||||
2 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
3 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
4 | certified copy of the record of the action taken by
the | ||||||
5 | other state or jurisdiction being prima facie evidence | ||||||
6 | thereof.
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7 | (13) Violation of any provision of this Act or of the | ||||||
8 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
9 | violation of the rules, or a final
administrative action of | ||||||
10 | the Secretary, after consideration of the
recommendation | ||||||
11 | of the Disciplinary Board.
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12 | (14) Dividing with anyone other than physicians with | ||||||
13 | whom the
licensee
practices in a partnership, Professional | ||||||
14 | Association, limited liability
company, or Medical or | ||||||
15 | Professional
Corporation any fee, commission, rebate or | ||||||
16 | other form of compensation for any
professional services | ||||||
17 | not actually and personally rendered. Nothing contained
in | ||||||
18 | this subsection prohibits persons holding valid and | ||||||
19 | current licenses under
this Act from practicing medicine in | ||||||
20 | partnership under a partnership
agreement, including a | ||||||
21 | limited liability partnership, in a limited liability
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22 | company under the Limited Liability Company Act, in a | ||||||
23 | corporation authorized by
the Medical Corporation Act, as | ||||||
24 | an
association authorized by the Professional Association | ||||||
25 | Act, or in a
corporation under the
Professional Corporation | ||||||
26 | Act or from pooling, sharing, dividing or
apportioning the |
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1 | fees and monies received by them or by the partnership,
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2 | corporation or association in accordance with the | ||||||
3 | partnership agreement or the
policies of the Board of | ||||||
4 | Directors of the corporation or association. Nothing
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5 | contained in this subsection prohibits 2 or more | ||||||
6 | corporations authorized by the
Medical Corporation Act, | ||||||
7 | from forming a partnership or joint venture of such
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8 | corporations, and providing medical, surgical and | ||||||
9 | scientific research and
knowledge by employees of these | ||||||
10 | corporations if such employees are licensed
under this Act, | ||||||
11 | or from pooling, sharing, dividing, or apportioning the | ||||||
12 | fees
and monies received by the partnership or joint | ||||||
13 | venture in accordance with the
partnership or joint venture | ||||||
14 | agreement. Nothing contained in this subsection
shall | ||||||
15 | abrogate the right of 2 or more persons, holding valid and | ||||||
16 | current
licenses under this Act, to each receive adequate | ||||||
17 | compensation for concurrently
rendering professional | ||||||
18 | services to a patient and divide a fee; provided, the
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19 | patient has full knowledge of the division, and, provided, | ||||||
20 | that the division is
made in proportion to the services | ||||||
21 | performed and responsibility assumed by
each.
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22 | (15) A finding by the Medical Disciplinary Board that | ||||||
23 | the
registrant after
having his or her license placed on | ||||||
24 | probationary status or subjected to
conditions or | ||||||
25 | restrictions violated the terms of the probation or failed | ||||||
26 | to
comply with such terms or conditions.
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1 | (16) Abandonment of a patient.
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2 | (17) Prescribing, selling, administering, | ||||||
3 | distributing, giving
or
self-administering any drug | ||||||
4 | classified as a controlled substance (designated
product) | ||||||
5 | or narcotic for other than medically accepted therapeutic
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6 | purposes.
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7 | (18) Promotion of the sale of drugs, devices, | ||||||
8 | appliances or
goods provided
for a patient in such manner | ||||||
9 | as to exploit the patient for financial gain of
the | ||||||
10 | physician.
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11 | (19) Offering, undertaking or agreeing to cure or treat
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12 | disease by a secret
method, procedure, treatment or | ||||||
13 | medicine, or the treating, operating or
prescribing for any | ||||||
14 | human condition by a method, means or procedure which the
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15 | licensee refuses to divulge upon demand of the Department.
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16 | (20) Immoral conduct in the commission of any act | ||||||
17 | including,
but not limited to, commission of an act of | ||||||
18 | sexual misconduct related to the
licensee's
practice.
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19 | (21) Wilfully making or filing false records or reports | ||||||
20 | in his
or her
practice as a physician, including, but not | ||||||
21 | limited to, false records to
support claims against the | ||||||
22 | medical assistance program of the Department of Healthcare | ||||||
23 | and Family Services (formerly Department of
Public Aid )
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24 | under the Illinois Public Aid Code.
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25 | (22) Wilful omission to file or record, or wilfully | ||||||
26 | impeding
the filing or
recording, or inducing another |
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1 | person to omit to file or record, medical
reports as | ||||||
2 | required by law, or wilfully failing to report an instance | ||||||
3 | of
suspected abuse or neglect as required by law.
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4 | (23) Being named as a perpetrator in an indicated | ||||||
5 | report by
the Department
of Children and Family Services | ||||||
6 | under the Abused and Neglected Child Reporting
Act, and | ||||||
7 | upon proof by clear and convincing evidence that the | ||||||
8 | licensee has
caused a child to be an abused child or | ||||||
9 | neglected child as defined in the
Abused and Neglected | ||||||
10 | Child Reporting Act.
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11 | (24) Solicitation of professional patronage by any
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12 | corporation, agents or
persons, or profiting from those | ||||||
13 | representing themselves to be agents of the
licensee.
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14 | (25) Gross and wilful and continued overcharging for
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15 | professional services,
including filing false statements | ||||||
16 | for collection of fees for which services are
not rendered, | ||||||
17 | including, but not limited to, filing such false statements | ||||||
18 | for
collection of monies for services not rendered from the | ||||||
19 | medical assistance
program of the Department of Healthcare | ||||||
20 | and Family Services (formerly Department of Public Aid )
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21 | under the Illinois Public Aid
Code.
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22 | (26) A pattern of practice or other behavior which
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23 | demonstrates
incapacity
or incompetence to practice under | ||||||
24 | this Act.
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25 | (27) Mental illness or disability which results in the
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26 | inability to
practice under this Act with reasonable |
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1 | judgment, skill or safety.
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2 | (28) Physical illness, including, but not limited to,
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3 | deterioration through
the aging process, or loss of motor | ||||||
4 | skill which results in a physician's
inability to practice | ||||||
5 | under this Act with reasonable judgment, skill or
safety.
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6 | (29) Cheating on or attempt to subvert the licensing
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7 | examinations
administered under this Act.
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8 | (30) Wilfully or negligently violating the | ||||||
9 | confidentiality
between
physician and patient except as | ||||||
10 | required by law.
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11 | (31) The use of any false, fraudulent, or deceptive | ||||||
12 | statement
in any
document connected with practice under | ||||||
13 | this Act.
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14 | (32) Aiding and abetting an individual not licensed | ||||||
15 | under this
Act in the
practice of a profession licensed | ||||||
16 | under this Act.
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17 | (33) Violating state or federal laws or regulations | ||||||
18 | relating
to controlled
substances, legend
drugs, or | ||||||
19 | ephedra, as defined in the Ephedra Prohibition Act.
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20 | (34) Failure to report to the Department any adverse | ||||||
21 | final
action taken
against them by another licensing | ||||||
22 | jurisdiction (any other state or any
territory of the | ||||||
23 | United States or any foreign state or country), by any peer
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24 | review body, by any health care institution, by any | ||||||
25 | professional society or
association related to practice | ||||||
26 | under this Act, by any governmental agency, by
any law |
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1 | enforcement agency, or by any court for acts or conduct | ||||||
2 | similar to acts
or conduct which would constitute grounds | ||||||
3 | for action as defined in this
Section.
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4 | (35) Failure to report to the Department surrender of a
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5 | license or
authorization to practice as a medical doctor, a | ||||||
6 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
7 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
8 | surrender of membership on
any medical staff or in any | ||||||
9 | medical or professional association or society,
while | ||||||
10 | under disciplinary investigation by any of those | ||||||
11 | authorities or bodies,
for acts or conduct similar to acts | ||||||
12 | or conduct which would constitute grounds
for action as | ||||||
13 | defined in this Section.
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14 | (36) Failure to report to the Department any adverse | ||||||
15 | judgment,
settlement,
or award arising from a liability | ||||||
16 | claim related to acts or conduct similar to
acts or conduct | ||||||
17 | which would constitute grounds for action as defined in | ||||||
18 | this
Section.
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19 | (37) Failure to transfer copies of medical records as | ||||||
20 | required
by law.
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21 | (38) Failure to furnish the Department, its | ||||||
22 | investigators or
representatives, relevant information, | ||||||
23 | legally requested by the Department
after consultation | ||||||
24 | with the Chief Medical Coordinator or the Deputy Medical
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25 | Coordinator.
| ||||||
26 | (39) Violating the Health Care Worker Self-Referral
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1 | Act.
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2 | (40) Intentional failure to comply with
Willful | ||||||
3 | failure to provide notice when notice is required
under the
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4 | Parental Notice of Abortion Act of 1995.
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5 | (41) Failure to establish and maintain records of | ||||||
6 | patient care and
treatment as required by this law.
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7 | (42) Entering into an excessive number of written | ||||||
8 | collaborative
agreements with licensed advanced practice | ||||||
9 | nurses resulting in an inability to
adequately collaborate | ||||||
10 | and provide medical direction.
| ||||||
11 | (43) Repeated failure to adequately collaborate with | ||||||
12 | or provide medical
direction to a licensed advanced | ||||||
13 | practice nurse.
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14 | Except
for actions involving the ground numbered (26), all | ||||||
15 | proceedings to suspend,
revoke, place on probationary status, | ||||||
16 | or take any
other disciplinary action as the Department may | ||||||
17 | deem proper, with regard to a
license on any of the foregoing | ||||||
18 | grounds, must be commenced within 5 years next
after receipt by | ||||||
19 | the Department of a complaint alleging the commission of or
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20 | notice of the conviction order for any of the acts described | ||||||
21 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
22 | (29), no action shall be commenced more
than 10 years after the | ||||||
23 | date of the incident or act alleged to have violated
this | ||||||
24 | Section. For actions involving the ground numbered (26), a | ||||||
25 | pattern of practice or other behavior includes all incidents | ||||||
26 | alleged to be part of the pattern of practice or other behavior |
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1 | that occurred or a report pursuant to Section 23 of this Act | ||||||
2 | received within the 10-year period preceding the filing of the | ||||||
3 | complaint. In the event of the settlement of any claim or cause | ||||||
4 | of action
in favor of the claimant or the reduction to final | ||||||
5 | judgment of any civil action
in favor of the plaintiff, such | ||||||
6 | claim, cause of action or civil action being
grounded on the | ||||||
7 | allegation that a person licensed under this Act was negligent
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8 | in providing care, the Department shall have an additional | ||||||
9 | period of 2 years
from the date of notification to the | ||||||
10 | Department under Section 23 of this Act
of such settlement or | ||||||
11 | final judgment in which to investigate and
commence formal | ||||||
12 | disciplinary proceedings under Section 36 of this Act, except
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13 | as otherwise provided by law. The time during which the holder | ||||||
14 | of the license
was outside the State of Illinois shall not be | ||||||
15 | included within any period of
time limiting the commencement of | ||||||
16 | disciplinary action by the Department.
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17 | The entry of an order or judgment by any circuit court | ||||||
18 | establishing that any
person holding a license under this Act | ||||||
19 | is a person in need of mental treatment
operates as a | ||||||
20 | suspension of that license. That person may resume their
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21 | practice only upon the entry of a Departmental order based upon | ||||||
22 | a finding by
the Medical Disciplinary Board that they have been | ||||||
23 | determined to be recovered
from mental illness by the court and | ||||||
24 | upon the Disciplinary Board's
recommendation that they be | ||||||
25 | permitted to resume their practice.
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26 | The Department may refuse to issue or take disciplinary |
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1 | action concerning the license of any person
who fails to file a | ||||||
2 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
3 | return, or to pay any final assessment of tax, penalty or | ||||||
4 | interest, as
required by any tax Act administered by the | ||||||
5 | Illinois Department of Revenue,
until such time as the | ||||||
6 | requirements of any such tax Act are satisfied as
determined by | ||||||
7 | the Illinois Department of Revenue.
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8 | The Department, upon the recommendation of the | ||||||
9 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
10 | to be used in determining:
| ||||||
11 | (a) when a person will be deemed sufficiently | ||||||
12 | rehabilitated to warrant the
public trust;
| ||||||
13 | (b) what constitutes dishonorable, unethical or | ||||||
14 | unprofessional conduct of
a character likely to deceive, | ||||||
15 | defraud, or harm the public;
| ||||||
16 | (c) what constitutes immoral conduct in the commission | ||||||
17 | of any act,
including, but not limited to, commission of an | ||||||
18 | act of sexual misconduct
related
to the licensee's | ||||||
19 | practice; and
| ||||||
20 | (d) what constitutes gross negligence in the practice | ||||||
21 | of medicine.
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22 | However, no such rule shall be admissible into evidence in | ||||||
23 | any civil action
except for review of a licensing or other | ||||||
24 | disciplinary action under this Act.
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25 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
26 | upon a showing of a possible violation, may compel any |
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1 | individual licensed to
practice under this Act, or who has | ||||||
2 | applied for licensure or a permit
pursuant to this Act, to | ||||||
3 | submit to a mental or physical examination, or both,
as | ||||||
4 | required by and at the expense of the Department. The examining | ||||||
5 | physician
or physicians shall be those specifically designated | ||||||
6 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
7 | the Department may order the examining
physician to present | ||||||
8 | testimony concerning this mental or physical examination
of the | ||||||
9 | licensee or applicant. No information shall be excluded by | ||||||
10 | reason of
any common
law or statutory privilege relating to | ||||||
11 | communication between the licensee or
applicant and
the | ||||||
12 | examining physician.
The individual to be examined may have, at | ||||||
13 | his or her own expense, another
physician of his or her choice | ||||||
14 | present during all aspects of the examination.
Failure of any | ||||||
15 | individual to submit to mental or physical examination, when
| ||||||
16 | directed, shall be grounds for suspension of his or her license | ||||||
17 | until such time
as the individual submits to the examination if | ||||||
18 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
19 | the refusal to submit to the examination was
without reasonable | ||||||
20 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
21 | practice because of the reasons set forth in this Section, the | ||||||
22 | Disciplinary
Board shall require such physician to submit to | ||||||
23 | care, counseling, or treatment
by physicians approved or | ||||||
24 | designated by the Disciplinary Board, as a condition
for | ||||||
25 | continued, reinstated, or renewed licensure to practice. Any | ||||||
26 | physician,
whose license was granted pursuant to Sections 9, |
| |||||||
| |||||||
1 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
2 | disciplined or supervised, subject to such
terms, conditions or | ||||||
3 | restrictions who shall fail to comply with such terms,
| ||||||
4 | conditions or restrictions, or to complete a required program | ||||||
5 | of care,
counseling, or treatment, as determined by the Chief | ||||||
6 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
7 | referred to the Secretary for a
determination as to whether the | ||||||
8 | licensee shall have their license suspended
immediately, | ||||||
9 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
10 | which the Secretary immediately suspends a license under this | ||||||
11 | Section, a hearing
upon such person's license must be convened | ||||||
12 | by the Disciplinary Board within 15
days after such suspension | ||||||
13 | and completed without appreciable delay. The
Disciplinary | ||||||
14 | Board shall have the authority to review the subject | ||||||
15 | physician's
record of treatment and counseling regarding the | ||||||
16 | impairment, to the extent
permitted by applicable federal | ||||||
17 | statutes and regulations safeguarding the
confidentiality of | ||||||
18 | medical records.
| ||||||
19 | An individual licensed under this Act, affected under this | ||||||
20 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
21 | Disciplinary Board that they can
resume practice in compliance | ||||||
22 | with acceptable and prevailing standards under
the provisions | ||||||
23 | of their license.
| ||||||
24 | The Department may promulgate rules for the imposition of | ||||||
25 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
26 | violation of this Act. Fines
may be imposed in conjunction with |
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| |||||||
1 | other forms of disciplinary action, but
shall not be the | ||||||
2 | exclusive disposition of any disciplinary action arising out
of | ||||||
3 | conduct resulting in death or injury to a patient. Any funds | ||||||
4 | collected from
such fines shall be deposited in the Medical | ||||||
5 | Disciplinary Fund.
| ||||||
6 | (B) The Department shall revoke the license or visiting
| ||||||
7 | permit of any person issued under this Act to practice medicine | ||||||
8 | or to treat
human ailments without the use of drugs and without | ||||||
9 | operative surgery, who
has been convicted a second time of | ||||||
10 | committing any felony under the
Illinois Controlled Substances | ||||||
11 | Act or the Methamphetamine Control and Community Protection | ||||||
12 | Act, or who has been convicted a second time of
committing a | ||||||
13 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
14 | Public
Aid Code. A person whose license or visiting permit is | ||||||
15 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
16 | be prohibited from practicing
medicine or treating human | ||||||
17 | ailments without the use of drugs and without
operative | ||||||
18 | surgery.
| ||||||
19 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
20 | Department civil
penalties and any other appropriate | ||||||
21 | discipline in disciplinary cases when the
Board finds that a | ||||||
22 | physician intentionally failed to comply with
willfully | ||||||
23 | performed an abortion with actual
knowledge that the person | ||||||
24 | upon whom the abortion has been performed is a minor
or an | ||||||
25 | incompetent person without notice as required under the | ||||||
26 | Parental Notice
of Abortion Act of 1995. Upon the Board's |
| |||||||
| |||||||
1 | recommendation, the Department shall
impose, for the first | ||||||
2 | violation, a civil penalty of $1,000 and for a second or
| ||||||
3 | subsequent violation, a civil penalty of $5,000.
| ||||||
4 | (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; | ||||||
5 | revised 1-3-07.)
| ||||||
6 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||||
7 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
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 |
| |||||||
| |||||||
1 | administrative nature, or in lieu of formal action
seeking | ||||||
2 | to determine whether a person may be mentally or
physically | ||||||
3 | disabled in such a manner as to endanger patients
under | ||||||
4 | that person's care. The Medical Disciplinary Board
shall, | ||||||
5 | by rule, provide for the reporting to it of all
instances | ||||||
6 | in which a person, licensed under this Act, who is
impaired | ||||||
7 | by reason of age, drug or alcohol abuse or physical
or | ||||||
8 | mental impairment, is under supervision and, where
| ||||||
9 | appropriate, is in a program of rehabilitation. Such
| ||||||
10 | reports shall be strictly confidential and may be reviewed
| ||||||
11 | and considered only by the members of the Disciplinary
| ||||||
12 | Board, or by authorized staff as provided by rules of the
| ||||||
13 | Disciplinary Board. Provisions shall be made for the
| ||||||
14 | periodic report of the status of any such person not less
| ||||||
15 | than twice annually in order that the Disciplinary Board
| ||||||
16 | shall have current information upon which to determine the
| ||||||
17 | status of any such person. Such initial and periodic
| ||||||
18 | reports of impaired physicians shall not be considered
| ||||||
19 | records within the meaning of The State Records Act and
| ||||||
20 | shall be disposed of, following a determination by the
| ||||||
21 | Disciplinary Board that such reports are no longer | ||||||
22 | required,
in a manner and at such time as the Disciplinary | ||||||
23 | Board shall
determine by rule. The filing of such reports | ||||||
24 | shall be
construed as the filing of a report for purposes | ||||||
25 | of
subsection (C) of this Section.
| ||||||
26 | (2) Professional associations. The President or chief
|
| |||||||
| |||||||
1 | executive officer of any association or society, of persons
| ||||||
2 | licensed under this Act, operating within this State shall
| ||||||
3 | report to the Disciplinary Board when the association or
| ||||||
4 | society renders a final determination that a person has
| ||||||
5 | committed unprofessional conduct related directly to | ||||||
6 | patient
care or that a person may be mentally or physically | ||||||
7 | disabled
in such a manner as to endanger patients under | ||||||
8 | that person's
care.
| ||||||
9 | (3) Professional liability insurers. Every insurance
| ||||||
10 | company which offers policies of professional liability
| ||||||
11 | insurance to persons licensed under this Act, or any other
| ||||||
12 | entity which seeks to indemnify the professional liability
| ||||||
13 | of a person licensed under this Act, shall report to the
| ||||||
14 | Disciplinary Board the settlement of any claim or cause of
| ||||||
15 | action, or final judgment rendered in any cause of action,
| ||||||
16 | which alleged negligence in the furnishing of medical care
| ||||||
17 | by such licensed person when such settlement or final
| ||||||
18 | judgment is in favor of the plaintiff.
| ||||||
19 | (4) State's Attorneys. The State's Attorney of each
| ||||||
20 | county shall report to the Disciplinary Board all instances
| ||||||
21 | in which a person licensed under this Act is convicted or
| ||||||
22 | otherwise found guilty of the commission of any felony. The | ||||||
23 | State's Attorney
of each county may report to the | ||||||
24 | Disciplinary Board through a verified
complaint any | ||||||
25 | instance in which the State's Attorney believes that a | ||||||
26 | physician
has intentionally failed to comply with
|
| |||||||
| |||||||
1 | willfully violated the notice requirements of the Parental | ||||||
2 | Notice of
Abortion Act of 1995.
| ||||||
3 | (5) State agencies. All agencies, boards,
commissions, | ||||||
4 | departments, or other instrumentalities of the
government | ||||||
5 | of the State of Illinois shall report to the
Disciplinary | ||||||
6 | Board any instance arising in connection with
the | ||||||
7 | operations of such agency, including the administration
of | ||||||
8 | any law by such agency, in which a person licensed under
| ||||||
9 | this Act has either committed an act or acts which may be a
| ||||||
10 | violation of this Act or which may constitute | ||||||
11 | unprofessional
conduct related directly to patient care or | ||||||
12 | which indicates
that a person licensed under this Act may | ||||||
13 | be mentally or
physically disabled in such a manner as to | ||||||
14 | endanger patients
under that person's care.
| ||||||
15 | (B) Mandatory reporting. All reports required by items | ||||||
16 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
17 | Section 23 shall be submitted to the Disciplinary Board in a | ||||||
18 | timely
fashion. The reports shall be filed in writing within 60
| ||||||
19 | days after a determination that a report is required under
this | ||||||
20 | Act. All reports shall contain the following
information:
| ||||||
21 | (1) The name, address and telephone number of the
| ||||||
22 | person making the report.
| ||||||
23 | (2) The name, address and telephone number of the
| ||||||
24 | person who is the subject of the report.
| ||||||
25 | (3) The name and date of birth of any
patient or | ||||||
26 | patients whose treatment is a subject of the
report, if |
| |||||||
| |||||||
1 | available, or other means of identification if such | ||||||
2 | information is not available, identification of the | ||||||
3 | hospital or other
healthcare facility where the care at | ||||||
4 | issue in the report was rendered,
provided, however, no | ||||||
5 | medical records may be
revealed.
| ||||||
6 | (4) A brief description of the facts which gave rise
to | ||||||
7 | the issuance of the report, including the dates of any
| ||||||
8 | occurrences deemed to necessitate the filing of the report.
| ||||||
9 | (5) If court action is involved, the identity of the
| ||||||
10 | court in which the action is filed, along with the docket
| ||||||
11 | number and date of filing of the action.
| ||||||
12 | (6) Any further pertinent information which the
| ||||||
13 | reporting party deems to be an aid in the evaluation of the
| ||||||
14 | report.
| ||||||
15 | The Disciplinary Board or Department may also exercise the | ||||||
16 | power under Section
38 of this Act to subpoena copies of | ||||||
17 | hospital or medical records in mandatory
report cases alleging | ||||||
18 | death or permanent bodily injury. Appropriate
rules shall be | ||||||
19 | adopted by the Department with the approval of the Disciplinary
| ||||||
20 | Board.
| ||||||
21 | When the Department has received written reports | ||||||
22 | concerning incidents
required to be reported in items (34), | ||||||
23 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
24 | failure to report the incident to the Department
under those | ||||||
25 | items shall not be the sole grounds for disciplinary action.
| ||||||
26 | Nothing contained in this Section shall act to in any
way, |
| |||||||
| |||||||
1 | waive or modify the confidentiality of medical reports
and | ||||||
2 | committee reports to the extent provided by law. Any
| ||||||
3 | information reported or disclosed shall be kept for the
| ||||||
4 | confidential use of the Disciplinary Board, the Medical
| ||||||
5 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
6 | investigative staff, and authorized clerical staff,
as | ||||||
7 | provided in this Act, and shall be afforded the same
status as | ||||||
8 | is provided information concerning medical studies
in Part 21 | ||||||
9 | of Article VIII of the Code of Civil Procedure, except that the | ||||||
10 | Department may disclose information and documents to a federal, | ||||||
11 | State, or local law enforcement agency pursuant to a subpoena | ||||||
12 | in an ongoing criminal investigation. Furthermore, information | ||||||
13 | and documents disclosed to a federal, State, or local law | ||||||
14 | enforcement agency may be used by that agency only for the | ||||||
15 | investigation and prosecution of a criminal offense.
| ||||||
16 | (C) Immunity from prosecution. Any individual or
| ||||||
17 | organization acting in good faith, and not in a wilful and
| ||||||
18 | wanton manner, in complying with this Act by providing any
| ||||||
19 | report or other information to the Disciplinary Board or a peer | ||||||
20 | review committee, or
assisting in the investigation or | ||||||
21 | preparation of such
information, or by voluntarily reporting to | ||||||
22 | the Disciplinary Board
or a peer review committee information | ||||||
23 | regarding alleged errors or negligence by a person licensed | ||||||
24 | under this Act, or by participating in proceedings of the
| ||||||
25 | Disciplinary Board or a peer review committee, or by serving as | ||||||
26 | a member of the
Disciplinary Board or a peer review committee, |
| |||||||
| |||||||
1 | shall not, as a result of such actions,
be subject to criminal | ||||||
2 | prosecution or civil damages.
| ||||||
3 | (D) Indemnification. Members of the Disciplinary
Board, | ||||||
4 | the Medical Coordinators, the Disciplinary Board's
attorneys, | ||||||
5 | the medical investigative staff, physicians
retained under | ||||||
6 | contract to assist and advise the medical
coordinators in the | ||||||
7 | investigation, and authorized clerical
staff shall be | ||||||
8 | indemnified by the State for any actions
occurring within the | ||||||
9 | scope of services on the Disciplinary
Board, done in good faith | ||||||
10 | and not wilful and wanton in
nature. The Attorney General shall | ||||||
11 | defend all such actions
unless he or she determines either that | ||||||
12 | there would be a
conflict of interest in such representation or | ||||||
13 | that the
actions complained of were not in good faith or were | ||||||
14 | wilful
and wanton.
| ||||||
15 | Should the Attorney General decline representation, the
| ||||||
16 | member shall have the right to employ counsel of his or her
| ||||||
17 | choice, whose fees shall be provided by the State, after
| ||||||
18 | approval by the Attorney General, unless there is a
| ||||||
19 | determination by a court that the member's actions were not
in | ||||||
20 | good faith or were wilful and wanton.
| ||||||
21 | The member must notify the Attorney General within 7
days | ||||||
22 | of receipt of notice of the initiation of any action
involving | ||||||
23 | services of the Disciplinary Board. Failure to so
notify the | ||||||
24 | Attorney General shall constitute an absolute
waiver of the | ||||||
25 | right to a defense and indemnification.
| ||||||
26 | The Attorney General shall determine within 7 days
after |
| |||||||
| |||||||
1 | receiving such notice, whether he or she will
undertake to | ||||||
2 | represent the member.
| ||||||
3 | (E) Deliberations of Disciplinary Board. Upon the
receipt | ||||||
4 | of any report called for by this Act, other than
those reports | ||||||
5 | of impaired persons licensed under this Act
required pursuant | ||||||
6 | to the rules of the Disciplinary Board,
the Disciplinary Board | ||||||
7 | shall notify in writing, by certified
mail, the person who is | ||||||
8 | the subject of the report. Such
notification shall be made | ||||||
9 | within 30 days of receipt by the
Disciplinary Board of the | ||||||
10 | report.
| ||||||
11 | The notification shall include a written notice setting
| ||||||
12 | forth the person's right to examine the report. Included in
| ||||||
13 | such notification shall be the address at which the file is
| ||||||
14 | maintained, the name of the custodian of the reports, and
the | ||||||
15 | telephone number at which the custodian may be reached.
The | ||||||
16 | person who is the subject of the report shall submit a written | ||||||
17 | statement responding,
clarifying, adding to, or proposing the | ||||||
18 | amending of the
report previously filed. The person who is the | ||||||
19 | subject of the report shall also submit with the written | ||||||
20 | statement any medical records related to the report. The | ||||||
21 | statement and accompanying medical records shall become a
| ||||||
22 | permanent part of the file and must be received by the
| ||||||
23 | Disciplinary Board no more than
30 days after the date on
which | ||||||
24 | the person was notified by the Disciplinary Board of the | ||||||
25 | existence of
the
original report.
| ||||||
26 | The Disciplinary Board shall review all reports
received by |
| |||||||
| |||||||
1 | it, together with any supporting information and
responding | ||||||
2 | statements submitted by persons who are the
subject of reports. | ||||||
3 | The review by the Disciplinary Board
shall be in a timely | ||||||
4 | manner but in no event, shall the
Disciplinary Board's initial | ||||||
5 | review of the material
contained in each disciplinary file be | ||||||
6 | less than 61 days nor
more than 180 days after the receipt of | ||||||
7 | the initial report
by the Disciplinary Board.
| ||||||
8 | When the Disciplinary Board makes its initial review of
the | ||||||
9 | materials contained within its disciplinary files, the
| ||||||
10 | Disciplinary Board shall, in writing, make a determination
as | ||||||
11 | to whether there are sufficient facts to warrant further
| ||||||
12 | investigation or action. Failure to make such determination
| ||||||
13 | within the time provided shall be deemed to be a
determination | ||||||
14 | that there are not sufficient facts to warrant
further | ||||||
15 | investigation or action.
| ||||||
16 | Should the Disciplinary Board find that there are not
| ||||||
17 | sufficient facts to warrant further investigation, or
action, | ||||||
18 | the report shall be accepted for filing and the
matter shall be | ||||||
19 | deemed closed and so reported to the Secretary. The Secretary
| ||||||
20 | shall then have 30 days to accept the Medical Disciplinary | ||||||
21 | Board's decision or
request further investigation. The | ||||||
22 | Secretary shall inform the Board in writing
of the decision to | ||||||
23 | request further investigation, including the specific
reasons | ||||||
24 | for the decision. The
individual or entity filing the original | ||||||
25 | report or complaint
and the person who is the subject of the | ||||||
26 | report or complaint
shall be notified in writing by the |
| |||||||
| |||||||
1 | Secretary of
any final action on their report or complaint.
| ||||||
2 | (F) Summary reports. The Disciplinary Board shall
prepare, | ||||||
3 | on a timely basis, but in no event less than one
every other | ||||||
4 | month, a summary report of final actions taken
upon | ||||||
5 | disciplinary files maintained by the Disciplinary Board.
The | ||||||
6 | summary reports shall be sent by the Disciplinary Board
to | ||||||
7 | every health care facility licensed by the Illinois
Department | ||||||
8 | of Public Health, every professional association
and society of | ||||||
9 | persons licensed under this Act functioning
on a statewide | ||||||
10 | basis in this State, the American Medical
Association, the | ||||||
11 | American Osteopathic Association, the
American Chiropractic | ||||||
12 | Association, all insurers providing
professional liability | ||||||
13 | insurance to persons licensed under
this Act in the State of | ||||||
14 | Illinois, the Federation of State
Medical Licensing Boards, and | ||||||
15 | the Illinois Pharmacists
Association.
| ||||||
16 | (G) Any violation of this Section shall be a Class A
| ||||||
17 | misdemeanor.
| ||||||
18 | (H) If any such person violates the provisions of this
| ||||||
19 | Section an action may be brought in the name of the People
of | ||||||
20 | the State of Illinois, through the Attorney General of
the | ||||||
21 | State of Illinois, for an order enjoining such violation
or for | ||||||
22 | an order enforcing compliance with this Section.
Upon filing of | ||||||
23 | a verified petition in such court, the court
may issue a | ||||||
24 | temporary restraining order without notice or
bond and may | ||||||
25 | preliminarily or permanently enjoin such
violation, and if it | ||||||
26 | is established that such person has
violated or is violating |
| |||||||
| |||||||
1 | the injunction, the court may
punish the offender for contempt | ||||||
2 | of court. Proceedings
under this paragraph shall be in addition | ||||||
3 | to, and not in
lieu of, all other remedies and penalties | ||||||
4 | provided for by
this Section.
| ||||||
5 | (Source: P.A. 94-677, eff. 8-25-05 .)
| ||||||
6 | Section 5. The Parental Notice of Abortion Act of 1995 is | ||||||
7 | amended by changing Sections 5, 10, 15, 20, 40, 45, 90, and 95 | ||||||
8 | and by adding Sections 24, 26, and 46 as follows:
| ||||||
9 | (750 ILCS 70/5)
| ||||||
10 | Sec. 5. Legislative findings and purpose. The General | ||||||
11 | Assembly finds that involvement of a responsible and caring | ||||||
12 | adult in an unemancipated minor's decision about her pregnancy | ||||||
13 | can facilitate quality decision making. The General Assembly | ||||||
14 | finds that the involvement of an adult family member can help | ||||||
15 | to guide an unemancipated minor in making such healthcare | ||||||
16 | decisions. When circumstances preclude the involvement of an | ||||||
17 | adult family member, it is the intent of this Act to create an | ||||||
18 | alternative procedure that will ensure counseling and guidance | ||||||
19 | as to all of the minor's options relating to the minor's | ||||||
20 | decision about her pregnancy. The General Assembly's purpose in | ||||||
21 | enacting this Act is to further its goal of ensuring quality | ||||||
22 | healthcare for all of its citizens.
The General Assembly finds
| ||||||
23 | that notification of a family member as defined in this Act is | ||||||
24 | in the best
interest of an unemancipated minor, and the General |
| |||||||
| |||||||
1 | Assembly's purpose in
enacting this parental notice law is to | ||||||
2 | further and protect the best interests
of an unemancipated | ||||||
3 | minor.
| ||||||
4 | The medical, emotional, and psychological consequences of | ||||||
5 | abortion are
sometimes serious and long-lasting, and immature | ||||||
6 | minors often lack the ability
to make fully informed choices | ||||||
7 | that consider both the immediate and long-range
consequences.
| ||||||
8 | Parental consultation is usually in the best interest of | ||||||
9 | the minor and is
desirable since the capacity to become | ||||||
10 | pregnant and the capacity for mature
judgment concerning the | ||||||
11 | wisdom of an abortion are not necessarily related.
| ||||||
12 | (Source: P.A. 89-18, eff. 6-1-95.)
| ||||||
13 | (750 ILCS 70/10)
| ||||||
14 | Sec. 10. Definitions. As used in this Act:
| ||||||
15 | "Abortion" means the use of any instrument, medicine, or
| ||||||
16 | drug, or any other
substance or device to terminate the | ||||||
17 | pregnancy of a woman known to be pregnant
with an intention | ||||||
18 | other than to increase the probability of a live birth, or to
| ||||||
19 | preserve the life or health of a child after live birth , or to | ||||||
20 | remove a dead
fetus .
| ||||||
21 | "Actual notice" means the giving of notice directly, in | ||||||
22 | person, or by
telephone , and not by facsimile, voicemail, or | ||||||
23 | answering machine .
| ||||||
24 | "Adult family member" means a person over 18
21 years of | ||||||
25 | age who is : |
| |||||||
| |||||||
1 | (1) the parent of the minor; | ||||||
2 | (2) a step-parent married to and residing with the | ||||||
3 | custodial parent of the minor; | ||||||
4 | (3) a legal guardian of the minor; or | ||||||
5 | (4) a grandparent, aunt, or uncle of the minor.
the | ||||||
6 | parent,
grandparent, step-parent living in the household, | ||||||
7 | or legal guardian.
| ||||||
8 | "Constructive notice" means notice sent by certified mail | ||||||
9 | to the last known
address of the person who can receive notice | ||||||
10 | under Section 15 of this Act,
entitled to notice with delivery | ||||||
11 | deemed to have occurred
48 hours after the certified notice is | ||||||
12 | mailed.
| ||||||
13 | "Counselor" means a person who is an advanced practice | ||||||
14 | nurse licensed under the Nursing and Advanced Practice Nursing | ||||||
15 | Act, a physician licensed under the Medical Practice Act of | ||||||
16 | 1987, a clinical psychologist licensed under the Clinical | ||||||
17 | Psychologist Licensing Act, or a clinical social worker | ||||||
18 | licensed under the Clinical Social Work and Social Work | ||||||
19 | Practice Act.
| ||||||
20 | "Incompetent" means any person who has been adjudged as | ||||||
21 | mentally ill or
developmentally disabled and who, because of | ||||||
22 | her mental illness or
developmental disability, is not fully | ||||||
23 | able to manage her person and for whom a
guardian of the person | ||||||
24 | has been appointed under Section 11a-3(a)(1) of the
Probate Act | ||||||
25 | of 1975.
| ||||||
26 | "Medical emergency" means a condition that, on the basis of |
| |||||||
| |||||||
1 | the
physician's good faith clinical judgment, so complicates | ||||||
2 | the medical condition
of a pregnant woman as to necessitate the | ||||||
3 | immediate abortion of her pregnancy
to avert her death or for | ||||||
4 | which a delay will create serious risk to her health
of
| ||||||
5 | substantial and irreversible impairment of major bodily | ||||||
6 | function .
| ||||||
7 | "Minor" means any person under 18 years of age who is not | ||||||
8 | or has not been
married or who has not been emancipated under | ||||||
9 | the Emancipation of Mature
Minors Act.
| ||||||
10 | "Neglect" means the failure of an adult family member to | ||||||
11 | supply a child with
necessary food, clothing, shelter, or | ||||||
12 | medical care when reasonably able to do
so or the failure to | ||||||
13 | protect a child from conditions or actions that imminently
and | ||||||
14 | seriously endanger the child's physical or mental health when | ||||||
15 | reasonably
able to do so.
| ||||||
16 | "Physical abuse" means any physical injury intentionally | ||||||
17 | inflicted by an
adult family member on a child.
| ||||||
18 | "Physician" means any person licensed to practice medicine | ||||||
19 | in all its
branches under the Illinois Medical Practice Act of | ||||||
20 | 1987.
| ||||||
21 | "Sexual abuse" means any sexual conduct or sexual | ||||||
22 | penetration as defined in
Section 12-12 of the Criminal Code of | ||||||
23 | 1961 that is prohibited by the criminal
laws of the State of | ||||||
24 | Illinois and committed against a minor by an adult family
| ||||||
25 | member as defined in this Act.
| ||||||
26 | (Source: P.A. 89-18, eff. 6-1-95; revised 10-9-03.)
|
| |||||||
| |||||||
1 | (750 ILCS 70/15)
| ||||||
2 | Sec. 15. Prohibitions
Notice to adult family member . No | ||||||
3 | person shall intentionally perform an abortion upon a minor | ||||||
4 | unless the person or his or her agent has given at least 48 | ||||||
5 | hours' actual notice to an adult family member of the pregnant | ||||||
6 | minor of his or her intention to perform the abortion, unless | ||||||
7 | that person or his or her agent has received a written | ||||||
8 | statement by a referring physician certifying that the | ||||||
9 | referring physician or his or her agent has given at least 48 | ||||||
10 | hours' notice to an adult family member of the pregnant minor. | ||||||
11 | If actual notice is not possible based on reasonable efforts by | ||||||
12 | the person seeking to perform the abortion, or his or her | ||||||
13 | agent, within one day, that person or his or her agent must | ||||||
14 | give 48 hours' constructive notice.
No person shall knowingly
| ||||||
15 | perform an abortion upon a minor or upon an incompetent person | ||||||
16 | unless the
physician or his or her agent has given at least 48 | ||||||
17 | hours actual notice to an
adult family member of the pregnant | ||||||
18 | minor or incompetent person of his or her
intention to perform | ||||||
19 | the abortion, unless that person or his or her agent has
| ||||||
20 | received a written statement by a referring physician | ||||||
21 | certifying that the
referring physician or his or her agent has | ||||||
22 | given at least 48 hours notice to
an adult family member of the | ||||||
23 | pregnant minor or incompetent person. If actual
notice is not | ||||||
24 | possible after a reasonable effort, the physician or his or her
| ||||||
25 | agent must give 48 hours constructive notice.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-18, eff. 6-1-95.)
| ||||||
2 | (750 ILCS 70/20)
| ||||||
3 | Sec. 20. Exceptions. Notice shall not be required under | ||||||
4 | this Act if:
| ||||||
5 | (1) at the time the abortion is performed, the minor or | ||||||
6 | incompetent person is accompanied by a person who can | ||||||
7 | receive
entitled to
notice under Section 15 of this Act ; or
| ||||||
8 | (2) notice under this Act is waived in writing by a | ||||||
9 | person who can receive
is entitled to notice under Section | ||||||
10 | 15 of this Act ;
or
| ||||||
11 | (3) the attending physician certifies in the patient's | ||||||
12 | medical record that
a medical emergency exists and there is | ||||||
13 | insufficient time to provide the
required notice; or
| ||||||
14 | (4) the minor declares in writing to the physician or | ||||||
15 | to an agent of the physician that she is a victim of sexual | ||||||
16 | abuse,
neglect, or physical abuse by an adult family | ||||||
17 | member , as defined in this Act , in which case: (i) the .
The
| ||||||
18 | attending physician must certify in the patient's medical | ||||||
19 | record that he or
she has received the written declaration | ||||||
20 | of abuse , (ii) any
or neglect . Any notification
of public | ||||||
21 | authorities of abuse that may be required under other laws | ||||||
22 | of this
State need not be made by the person performing the | ||||||
23 | abortion until after the
minor receives an abortion that | ||||||
24 | otherwise complies with the requirements of
this Act , and | ||||||
25 | (iii) the Department of Children and Family Services shall, |
| |||||||
| |||||||
1 | pursuant to Section 7.19 of the Abused and Neglected Child | ||||||
2 | Reporting Act, prohibit the release of any information or | ||||||
3 | data that would identify or locate the person who made the | ||||||
4 | report of abuse, or that in any way would reveal the | ||||||
5 | minor's abortion choice ; or
| ||||||
6 | (5) notice under this Act is waived by the minor | ||||||
7 | participating in an information
and counseling session as | ||||||
8 | set forth in
under Section 24; or
25.
| ||||||
9 | (6) notice is waived under Section 26.
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10 | (Source: P.A. 89-18, eff. 6-1-95.)
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11 | (750 ILCS 70/24 new) | ||||||
12 | Sec. 24. Information and counseling for minors. | ||||||
13 | (a) The provision of information and counseling by a | ||||||
14 | counselor for any pregnant minor for decision making regarding | ||||||
15 | pregnancy shall be in accordance with this
Section. | ||||||
16 | (b) Any counselor providing pregnancy information and | ||||||
17 | counseling under this Section shall, in a manner designed to be | ||||||
18 | clear and understandable to the minor: | ||||||
19 | (1) explain that the information being given to the | ||||||
20 | minor is being given objectively and is not intended to | ||||||
21 | coerce, persuade, or induce the minor to choose either to | ||||||
22 | have an abortion or to carry the pregnancy to term; | ||||||
23 | (2) discuss the possibility of involving the minor's | ||||||
24 | parents, guardian, or other adult family members in the | ||||||
25 | minor's decision making concerning the pregnancy and
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1 | explore whether the minor believes that involvement would | ||||||
2 | be in the minor's best interest; | ||||||
3 | (3) clearly and fully explore with the minor the | ||||||
4 | alternative choices available for managing the pregnancy; | ||||||
5 | (4) explain that the minor may withdraw a decision to | ||||||
6 | have an abortion at any time before the abortion is | ||||||
7 | performed and may reconsider a decision not to have an
| ||||||
8 | abortion at any time within the time period during which an | ||||||
9 | abortion may legally be performed; and | ||||||
10 | (5) provide adequate opportunity for the minor to ask | ||||||
11 | any questions concerning the pregnancy, abortion, child | ||||||
12 | care, and adoption, and provide the information the minor
| ||||||
13 | seeks or, if the counselor cannot provide the information, | ||||||
14 | indicate where the minor can receive the information. | ||||||
15 | (c) After the counselor provides the information and | ||||||
16 | counseling to a minor as required by this Section, that person | ||||||
17 | shall have the minor sign and date a form stating that: | ||||||
18 | (1) the minor has received information on prenatal care | ||||||
19 | and alternatives to abortion and that there are agencies | ||||||
20 | that will provide assistance; | ||||||
21 | (2) the counselor has discussed with the minor the | ||||||
22 | possibility of involving the minor's parents, guardian, or | ||||||
23 | other adult family members in the minor's decision making | ||||||
24 | about the pregnancy; | ||||||
25 | (3) the minor has received an explanation that the | ||||||
26 | minor may withdraw an abortion decision or reconsider a |
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1 | decision to carry a pregnancy to term; | ||||||
2 | (4) the alternatives available for managing the | ||||||
3 | pregnancy have been clearly and fully explored with the | ||||||
4 | minor; | ||||||
5 | (5) the minor has received an explanation about | ||||||
6 | agencies available to provide birth control information; | ||||||
7 | and | ||||||
8 | (6) the minor has been given an adequate opportunity to | ||||||
9 | ask questions. | ||||||
10 | The counselor providing the information and counseling | ||||||
11 | shall also sign and date the form and include the counselor's | ||||||
12 | address and telephone number. The counselor shall retain a copy | ||||||
13 | in his or her files and shall give the form to the minor or, if | ||||||
14 | the minor requests and if the counselor providing information | ||||||
15 | and counseling is not the attending physician, transmit the | ||||||
16 | form to the minor's attending physician. | ||||||
17 | The counselor providing information and counseling | ||||||
18 | pursuant to this Section shall have no current actual financial | ||||||
19 | relationship with the healthcare provider who will perform the | ||||||
20 | minor's abortion, and such information and counseling shall not | ||||||
21 | be provided in the facility in which the minor's abortion shall | ||||||
22 | be performed.
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23 | (750 ILCS 70/26 new) | ||||||
24 | Sec. 26. Procedure for judicial waiver of notice. | ||||||
25 | (a) The requirements and procedures under this Section are |
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1 | available to minors whether or not they are residents of this | ||||||
2 | State. | ||||||
3 | (b) The minor may petition any circuit court for a waiver | ||||||
4 | of the notice requirement and may participate in proceedings on | ||||||
5 | her own behalf. The circuit court shall immediately advise the | ||||||
6 | minor that she has a right to court-appointed counsel and shall | ||||||
7 | provide her with counsel upon her request. The court shall | ||||||
8 | appoint a guardian ad litem for the minor. Any guardian ad | ||||||
9 | litem appointed under this Act shall act in the best interest | ||||||
10 | of the minor and shall take all steps necessary to maintain the | ||||||
11 | absolute confidentiality of the proceedings. | ||||||
12 | (c) Court proceedings under this Section shall be | ||||||
13 | confidential and shall ensure the anonymity of the minor. The | ||||||
14 | minor shall have the right to file her petition in the circuit | ||||||
15 | court using a pseudonym or using solely her initials. All | ||||||
16 | documents filed with or prepared by the court in connection | ||||||
17 | with the minor's petition shall be maintained under seal. All | ||||||
18 | documents related to the minor's petition shall be confidential | ||||||
19 | and shall not be made available to the public. All circuit | ||||||
20 | courts shall establish procedures that will ensure that all | ||||||
21 | communications between a minor seeking to file, or having | ||||||
22 | filed, a petition under this Section and the circuit court | ||||||
23 | clerk's office are conducted confidentially. Such procedures | ||||||
24 | shall include designation of a member of the clerk's office | ||||||
25 | staff who will conduct all communication with the minor, a | ||||||
26 | designated telephone line for contact with such minors, and a |
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1 | private space within the clerk's office for communications | ||||||
2 | between the minor and designated personnel. All court | ||||||
3 | personnel, including clerk's office staff, shall take all steps | ||||||
4 | necessary to maintain absolute confidentiality in connection | ||||||
5 | with the minor's petition. Court personnel are prohibited from | ||||||
6 | disclosing any information about the minor or her petition to | ||||||
7 | any member of the public or to other court personnel unless | ||||||
8 | disclosure to such personnel is essential to the resolution of | ||||||
9 | the minor's petition. All proceedings relating to the minor's | ||||||
10 | petition shall be closed to the public, with entry permitted | ||||||
11 | only to the minor, or any person she asks to be present, the | ||||||
12 | minor's counsel, the guardian ad litem, the circuit court judge | ||||||
13 | and other essential courtroom personnel.
These proceedings | ||||||
14 | shall be given precedence over other pending matters to the | ||||||
15 | extent necessary to ensure that the court reaches a prompt | ||||||
16 | decision. Any hearing on the minor's petition must be held and | ||||||
17 | a ruling issued within 48 hours of the time that the petition | ||||||
18 | is filed, except that the 48 hour limitation may be extended at | ||||||
19 | the request of the minor. The court shall issue its ruling | ||||||
20 | along with findings of fact and conclusions of law at the | ||||||
21 | conclusion of any hearing on the minor's petition. Such | ||||||
22 | findings and conclusions shall be memorialized in a certified, | ||||||
23 | confidential transcript of the proceedings. A court that | ||||||
24 | conducts proceedings under this Section shall order that a | ||||||
25 | confidential record of the evidence and the court's findings | ||||||
26 | and conclusions be maintained. If the court fails to rule |
| |||||||
| |||||||
1 | within 48 hours of the time that the petition was filed, and | ||||||
2 | the minor has not requested an extension, the petition shall be | ||||||
3 | deemed to have been granted, and the notice requirement shall | ||||||
4 | be waived. In such case, the clerk's office shall provide the | ||||||
5 | minor with an official certification of waiver of notice. If | ||||||
6 | the court denies the minor's petition, it shall, at the time of | ||||||
7 | such denial, inform the minor of her right to pursue an appeal | ||||||
8 | from the denial of her petition and the steps she must take to | ||||||
9 | pursue such appeal. In addition, such steps shall be set forth | ||||||
10 | in detail on the back of the court's order denying the minor's | ||||||
11 | petition. | ||||||
12 | (d) Notice shall be waived if the court finds by a | ||||||
13 | preponderance of the evidence either: | ||||||
14 | (1) that the minor is sufficiently mature and well | ||||||
15 | enough informed to decide intelligently whether to have an | ||||||
16 | abortion; or | ||||||
17 | (2) that notification under Section 15 of this Act | ||||||
18 | would not be in the best interests of the minor. | ||||||
19 | (e) In the event that the court finds that the minor has | ||||||
20 | met either of the standards for waiver of notice set forth in | ||||||
21 | subsection (d), the court shall enter an order permitting a | ||||||
22 | qualified medical professional to perform an abortion on the | ||||||
23 | minor without giving notice under this Act and setting forth | ||||||
24 | that the minor may legally consent to the abortion procedure. | ||||||
25 | (f) An expedited confidential appeal shall be available, as | ||||||
26 | set forth in Illinois Supreme Court Rule 303A, to any minor to |
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| |||||||
1 | whom the circuit court denies a waiver of notice. An order | ||||||
2 | authorizing an abortion without notice shall not be subject to | ||||||
3 | appeal. | ||||||
4 | (g) No fees shall be required of any minor who avails | ||||||
5 | herself of the procedures provided by this Section.
| ||||||
6 | (750 ILCS 70/40)
| ||||||
7 | Sec. 40. Penalties.
| ||||||
8 | (a) A
Any physician who intentionally
willfully fails to | ||||||
9 | comply with
provide notice as required under
this Act may
| ||||||
10 | before performing an abortion on a minor or an incompetent | ||||||
11 | person
shall be referred to the Illinois State Medical | ||||||
12 | Disciplinary Board for appropriate action
in accordance with | ||||||
13 | Section 22 of the Medical Practice Act of 1987 .
| ||||||
14 | (b) A
Any person, not authorized under this Act, who signs | ||||||
15 | any waiver of
notice for a minor or incompetent person seeking | ||||||
16 | an abortion, is guilty of a
Class C misdemeanor.
| ||||||
17 | (c) A person who discloses confidential information | ||||||
18 | obtained in the context of counseling under Section 24 of this | ||||||
19 | Act is guilty of a Class C misdemeanor.
| ||||||
20 | (Source: P.A. 89-18, eff. 6-1-95.)
| ||||||
21 | (750 ILCS 70/45)
| ||||||
22 | Sec. 45. Immunity. A
Any physician who, in good faith, | ||||||
23 | provides notice in
accordance with Section 15 or relies on an | ||||||
24 | exception under Section 20
shall not be subject to any type of |
| |||||||
| |||||||
1 | civil or criminal liability or discipline
for unprofessional | ||||||
2 | conduct for failure to give required notice required under this | ||||||
3 | Act. A counselor who in good faith provides information and | ||||||
4 | counseling to a minor pursuant to Section 24 shall not be | ||||||
5 | subject to any type of civil or criminal liability or | ||||||
6 | discipline for unprofessional conduct for any of his or her | ||||||
7 | actions in connection with providing such counseling and | ||||||
8 | information. The immunity in this Section does not apply to | ||||||
9 | willful or wanton conduct .
| ||||||
10 | (Source: P.A. 89-18, eff. 6-1-95.)
| ||||||
11 | (750 ILCS 70/46 new)
| ||||||
12 | Sec. 46. Right of conscience. No provision of this Act | ||||||
13 | impairs a physician, counselor, or other healthcare | ||||||
14 | professional's rights under the Health Care Right of Conscience | ||||||
15 | Act and the Abortion Performance Refusal Act.
| ||||||
16 | (750 ILCS 70/90)
| ||||||
17 | Sec. 90. The Illinois Abortion Parental Consent Act of | ||||||
18 | 1977 , which was repealed by Public Act 89-18, is again
| ||||||
19 | repealed. | ||||||
20 | (Source: P.A. 89-18, eff. 6-1-95.)
| ||||||
21 | (750 ILCS 70/95)
| ||||||
22 | Sec. 95. The Parental Notice of Abortion Act of 1983 , which | ||||||
23 | was repealed by Public Act 89-18, is again repealed. |
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| |||||||
1 | (Source: P.A. 89-18, eff. 6-1-95.)
| ||||||
2 | (750 ILCS 70/25 rep.)
| ||||||
3 | (750 ILCS 70/50 rep.)
| ||||||
4 | Section 10. The Parental Notice of Abortion Act of 1995 is | ||||||
5 | amended by repealing Sections 25 and 50.".
|