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1 | AN ACT concerning public health.
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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 1. Short title. This Act may be cited as the | ||||||
5 | Internet Prescribing Prohibition Act . | ||||||
6 | Section 5. Definitions. In this Act: | ||||||
7 | "Division" means the Division of Professional Regulation | ||||||
8 | of the Department of Financial and Professional Regulation. | ||||||
9 | "Licensed prescribers" means physicians licensed to | ||||||
10 | practice medicine in all its branches, licensed podiatrists, | ||||||
11 | therapeutically-certified optometrists, licensed dentists, | ||||||
12 | licensed physician assistants who have been delegated | ||||||
13 | prescriptive authority by a supervising physician, and | ||||||
14 | licensed advanced practice registered nurses who have a written | ||||||
15 | collaborative agreement with a collaborating physician that | ||||||
16 | authorizes prescriptive authority. | ||||||
17 | Section 10. Prohibition on Internet prescribing. | ||||||
18 | (a) Illinois licensed prescribers may not knowingly | ||||||
19 | prescribe controlled substances under the Illinois Controlled | ||||||
20 | Substances Act for a patient via the Internet, World Wide Web, | ||||||
21 | telephone, facsimile, or any other electronic means unless the | ||||||
22 | following elements have been met: |
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1 | (1) the patient has been physically examined by the | ||||||
2 | prescriber or has been given a documented patient | ||||||
3 | evaluation, including health history and a physical | ||||||
4 | examination, to establish the diagnosis for which any | ||||||
5 | legend drug is prescribed; | ||||||
6 | (2) the prescriber and the patient have discussed | ||||||
7 | treatment options and the risks and benefits of treatment; | ||||||
8 | and | ||||||
9 | (3) the prescriber has maintained the patient's | ||||||
10 | medical records. | ||||||
11 | (b) The provisions of subdivision (1) of subsection (a) of | ||||||
12 | this Section are not applicable in an emergency situation. For | ||||||
13 | purposes of this Section, an emergency situation means those | ||||||
14 | situations in which the prescriber determines that the | ||||||
15 | immediate administration of the medication is necessary for the | ||||||
16 | proper treatment of the patient and it is not reasonably | ||||||
17 | possible for the prescriber to comply with the provisions of | ||||||
18 | this Section prior to providing such prescription. | ||||||
19 | (c) The provisions of subdivision (1) of subsection (a) of | ||||||
20 | this Section shall not be construed to prohibit patient care in | ||||||
21 | the following circumstances: | ||||||
22 | (1) in consultation with another health care | ||||||
23 | professional who has an ongoing relationship with the | ||||||
24 | patient and who has agreed to supervise the patient's | ||||||
25 | treatment, including the use of any prescribed | ||||||
26 | medications; |
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1 | (2) on-call or cross-coverage situations in which a | ||||||
2 | prescriber provides care for another prescriber's | ||||||
3 | patients; | ||||||
4 | (3) admission orders for a newly hospitalized patient; | ||||||
5 | (4) orders for patients in long-term care facilities or | ||||||
6 | hospitals recommended by registered professional nurses; | ||||||
7 | (5) continuing medications on a short-term basis for a | ||||||
8 | new patient prior to the first appointment; and | ||||||
9 | (6) a prescriber or his or her designee from | ||||||
10 | electronically or telephonically prescribing medication | ||||||
11 | for a patient with an existing physician-patient | ||||||
12 | relationship with the prescriber. | ||||||
13 | (d) Nothing in this Section shall be construed to prevent | ||||||
14 | the electronic distribution of a prescription to a pharmacy. | ||||||
15 | Section 15. Penalties. A person convicted of violating this | ||||||
16 | Act is guilty of a business offense and shall be fined not less | ||||||
17 | than $1,000 for the first violation and not less than $2,000 | ||||||
18 | for a second or subsequent violation. A person convicted of | ||||||
19 | violating this Act must be reported to the Division for | ||||||
20 | appropriate licensing board review.
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21 | Section 90. The Illinois Dental Practice Act is amended by | ||||||
22 | changing Section 23 as follows:
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23 | (225 ILCS 25/23) (from Ch. 111, par. 2323)
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1 | (Section scheduled to be repealed on January 1, 2016)
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2 | Sec. 23. Refusal, revocation or suspension of dental | ||||||
3 | licenses. The
Department may refuse to issue or renew, or may | ||||||
4 | revoke, suspend, place on
probation, reprimand or take other | ||||||
5 | disciplinary action as the Department
may deem proper, | ||||||
6 | including fines not to exceed $10,000 per violation, with
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7 | regard to any license for any one or any combination of
the | ||||||
8 | following causes:
| ||||||
9 | 1. Fraud in procuring the license.
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10 | 2. Habitual intoxication or addiction to the use of | ||||||
11 | drugs.
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12 | 3. Willful or repeated violations of the rules of the | ||||||
13 | Department of
Public Health or Department of Nuclear | ||||||
14 | Safety.
| ||||||
15 | 4. Acceptance of a fee for service as a witness, | ||||||
16 | without the
knowledge of the court, in addition to the fee | ||||||
17 | allowed by the court.
| ||||||
18 | 5. Division of fees or agreeing to split or divide the | ||||||
19 | fees received
for dental services with any person for | ||||||
20 | bringing or referring a patient,
except in regard to | ||||||
21 | referral services as provided for under Section 45,
or | ||||||
22 | assisting in the care or treatment of a patient,
without | ||||||
23 | the
knowledge of the patient or his legal representative.
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24 | 6. Employing, procuring, inducing, aiding or abetting | ||||||
25 | a person not
licensed or registered as a dentist to engage | ||||||
26 | in the practice of
dentistry. The person practiced upon is |
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1 | not an accomplice, employer,
procurer, inducer, aider, or | ||||||
2 | abetter within the meaning of this Act.
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3 | 7. Making any misrepresentations or false promises, | ||||||
4 | directly or
indirectly, to influence, persuade or induce | ||||||
5 | dental patronage.
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6 | 8. Professional connection or association with or | ||||||
7 | lending his name
to another for the illegal practice of | ||||||
8 | dentistry by another, or
professional connection or | ||||||
9 | association with any person, firm or
corporation holding | ||||||
10 | himself, herself, themselves, or itself out in any manner
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11 | contrary to this Act.
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12 | 9. Obtaining or seeking to obtain practice, money, or | ||||||
13 | any other
things of value by false or fraudulent | ||||||
14 | representations, but
not limited to, engaging in such | ||||||
15 | fraudulent practice to defraud the
medical assistance | ||||||
16 | program of the Department of Healthcare and Family Services | ||||||
17 | (formerly Department of Public Aid).
| ||||||
18 | 10. Practicing under a name other than his or her own.
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19 | 11. Engaging in dishonorable,
unethical, or | ||||||
20 | unprofessional conduct of a character likely to deceive,
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21 | defraud, or harm the public.
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22 | 12. Conviction in this or another State of any crime | ||||||
23 | which is a
felony under the laws of this State or | ||||||
24 | conviction of a felony in a
federal court, conviction of a | ||||||
25 | misdemeanor, an essential element of which
is dishonesty, | ||||||
26 | or conviction of any crime which is directly related to the
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1 | practice of dentistry or dental hygiene.
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2 | 13. Permitting a dental hygienist, dental assistant or | ||||||
3 | other person
under his or her supervision to perform
any | ||||||
4 | operation not authorized by this Act.
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5 | 14. Permitting more than 4 dental hygienists to be | ||||||
6 | employed under
his supervision at any one time.
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7 | 15. A violation of any provision of this
Act or any | ||||||
8 | rules promulgated under this Act.
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9 | 16. Taking impressions for or using the services of any | ||||||
10 | person, firm
or corporation violating this Act.
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11 | 17. Violating any provision of Section 45 relating to | ||||||
12 | advertising.
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13 | 18. Discipline by another U.S. jurisdiction or foreign | ||||||
14 | nation,
if at least one of the grounds for the discipline | ||||||
15 | is the
same or substantially equivalent to those set forth | ||||||
16 | within this Act.
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17 | 19. Willfully failing to report an instance of | ||||||
18 | suspected child abuse or
neglect as required by the Abused | ||||||
19 | and Neglected Child Reporting
Act.
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20 | 20. Gross or repeated malpractice resulting in injury | ||||||
21 | or death of a patient.
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22 | 21. The use or prescription for use of narcotics or | ||||||
23 | controlled substances
or designated products as listed in | ||||||
24 | the Illinois Controlled Substances
Act, in any way other | ||||||
25 | than for therapeutic purposes.
| ||||||
26 | 22. Willfully making or filing false records or reports |
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1 | in his practice
as a dentist, including, but not limited | ||||||
2 | to, false records to support claims
against the dental | ||||||
3 | assistance program of the Department of Healthcare and | ||||||
4 | Family Services (formerly
Illinois Department of Public
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5 | Aid).
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6 | 23. Professional incompetence as manifested by poor | ||||||
7 | standards of care.
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8 | 24. Physical or mental illness, including, but not | ||||||
9 | limited to,
deterioration
through
the aging process, or | ||||||
10 | loss of motor skills which results in a dentist's
inability | ||||||
11 | to practice dentistry with reasonable judgment, skill or | ||||||
12 | safety. In
enforcing this paragraph, the Department may | ||||||
13 | compel a person licensed to
practice under this Act to | ||||||
14 | submit to a mental or physical examination pursuant
to the | ||||||
15 | terms and conditions of Section 23b.
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16 | 25. Repeated irregularities in billing a third party | ||||||
17 | for services rendered
to a patient. For purposes of this | ||||||
18 | paragraph 25, "irregularities in billing"
shall include:
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19 | (a) Reporting excessive charges for the purpose of | ||||||
20 | obtaining a total
payment
in excess of that usually | ||||||
21 | received by the dentist for the services rendered.
| ||||||
22 | (b) Reporting charges for services not rendered.
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23 | (c) Incorrectly reporting services rendered for | ||||||
24 | the purpose of obtaining
payment not earned.
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25 | 26. Continuing the active practice of dentistry while | ||||||
26 | knowingly having
any infectious, communicable, or |
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1 | contagious disease proscribed by rule or
regulation of the | ||||||
2 | Department.
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3 | 27. Being named as a perpetrator in an indicated report | ||||||
4 | by the
Department of Children and Family Services pursuant | ||||||
5 | to the Abused and
Neglected Child Reporting Act, and upon
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6 | proof by clear and convincing evidence that the licensee | ||||||
7 | has
caused a child to be an abused child or neglected child | ||||||
8 | as defined in the
Abused and Neglected Child Reporting Act.
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9 | 28. Violating the Health Care Worker Self-Referral | ||||||
10 | Act.
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11 | 29. Abandonment of a patient.
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12 | 30. Mental incompetency as declared by a court of | ||||||
13 | competent
jurisdiction.
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14 | 31. Violating any provision of the Internet | ||||||
15 | Prescribing Prohibition Act.
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16 | All proceedings to suspend, revoke, place on probationary | ||||||
17 | status, or
take any other disciplinary action as the Department | ||||||
18 | may deem proper, with
regard to a license on any of the | ||||||
19 | foregoing grounds, must be commenced
within 3 years after | ||||||
20 | receipt by the Department of a complaint alleging the
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21 | commission of or notice of the conviction order for any of the | ||||||
22 | acts
described herein. Except for fraud in procuring a license, | ||||||
23 | no
action shall be commenced more than 5 years after the date | ||||||
24 | of the incident
or act alleged to have violated this Section. | ||||||
25 | The time during which the
holder of the license was outside the | ||||||
26 | State of Illinois shall not be
included within any period of |
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1 | time limiting the commencement of
disciplinary action by the | ||||||
2 | Department.
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3 | The Department may refuse to issue or may suspend the | ||||||
4 | license of any
person who fails to file a return, or to pay the | ||||||
5 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
6 | final assessment of tax, penalty or
interest, as required by | ||||||
7 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
8 | until such time as the requirements of
any such tax Act are | ||||||
9 | satisfied.
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10 | (Source: P.A. 94-1014, eff. 7-7-06.)
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11 | Section 95. The Medical Practice Act of 1987 is amended by | ||||||
12 | changing Section 22 as follows:
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13 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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14 | (Section scheduled to be repealed on December 31, 2008)
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15 | Sec. 22. Disciplinary action.
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16 | (A) The Department may revoke, suspend, place on | ||||||
17 | probationary
status, refuse to renew, or take any other | ||||||
18 | disciplinary action as the Department may deem proper
with | ||||||
19 | regard to the license or visiting professor permit of any | ||||||
20 | person issued
under this Act to practice medicine, or to treat | ||||||
21 | human ailments without the use
of drugs and without operative | ||||||
22 | surgery upon any of the following grounds:
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23 | (1) Performance of an elective abortion in any place, | ||||||
24 | locale,
facility, or
institution other than:
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1 | (a) a facility licensed pursuant to the Ambulatory | ||||||
2 | Surgical Treatment
Center Act;
| ||||||
3 | (b) an institution licensed under the Hospital | ||||||
4 | Licensing Act; or
| ||||||
5 | (c) an ambulatory surgical treatment center or | ||||||
6 | hospitalization or care
facility maintained by the | ||||||
7 | State or any agency thereof, where such department
or | ||||||
8 | agency has authority under law to establish and enforce | ||||||
9 | standards for the
ambulatory surgical treatment | ||||||
10 | centers, hospitalization, or care facilities
under its | ||||||
11 | management and control; or
| ||||||
12 | (d) ambulatory surgical treatment centers, | ||||||
13 | hospitalization or care
facilities maintained by the | ||||||
14 | Federal Government; or
| ||||||
15 | (e) ambulatory surgical treatment centers, | ||||||
16 | hospitalization or care
facilities maintained by any | ||||||
17 | university or college established under the laws
of | ||||||
18 | this State and supported principally by public funds | ||||||
19 | raised by
taxation.
| ||||||
20 | (2) Performance of an abortion procedure in a wilful | ||||||
21 | and wanton
manner on a
woman who was not pregnant at the | ||||||
22 | time the abortion procedure was
performed.
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23 | (3) The conviction of a felony in this or any other
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24 | jurisdiction, except as
otherwise provided in subsection B | ||||||
25 | of this Section, whether or not related to
practice under | ||||||
26 | this Act, or the entry of a guilty or nolo contendere plea |
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1 | to a
felony charge.
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2 | (4) Gross negligence in practice under this Act.
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3 | (5) Engaging in dishonorable, unethical or | ||||||
4 | unprofessional
conduct of a
character likely to deceive, | ||||||
5 | defraud or harm the public.
| ||||||
6 | (6) Obtaining any fee by fraud, deceit, or
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7 | misrepresentation.
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8 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
9 | in law
as
controlled substances, of alcohol, or of any | ||||||
10 | other substances which results in
the inability to practice | ||||||
11 | with reasonable judgment, skill or safety.
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12 | (8) Practicing under a false or, except as provided by | ||||||
13 | law, an
assumed
name.
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14 | (9) Fraud or misrepresentation in applying for, or | ||||||
15 | procuring, a
license
under this Act or in connection with | ||||||
16 | applying for renewal of a license under
this Act.
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17 | (10) Making a false or misleading statement regarding | ||||||
18 | their
skill or the
efficacy or value of the medicine, | ||||||
19 | treatment, or remedy prescribed by them at
their direction | ||||||
20 | in the treatment of any disease or other condition of the | ||||||
21 | body
or mind.
| ||||||
22 | (11) Allowing another person or organization to use | ||||||
23 | their
license, procured
under this Act, to practice.
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24 | (12) Disciplinary action of another state or | ||||||
25 | jurisdiction
against a license
or other authorization to | ||||||
26 | practice as a medical doctor, doctor of osteopathy,
doctor |
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1 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
2 | certified copy of the record of the action taken by
the | ||||||
3 | other state or jurisdiction being prima facie evidence | ||||||
4 | thereof.
| ||||||
5 | (13) Violation of any provision of this Act or of the | ||||||
6 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
7 | violation of the rules, or a final
administrative action of | ||||||
8 | the Secretary, after consideration of the
recommendation | ||||||
9 | of the Disciplinary Board.
| ||||||
10 | (14) Dividing with anyone other than physicians with | ||||||
11 | whom the
licensee
practices in a partnership, Professional | ||||||
12 | Association, limited liability
company, or Medical or | ||||||
13 | Professional
Corporation any fee, commission, rebate or | ||||||
14 | other form of compensation for any
professional services | ||||||
15 | not actually and personally rendered. Nothing contained
in | ||||||
16 | this subsection prohibits persons holding valid and | ||||||
17 | current licenses under
this Act from practicing medicine in | ||||||
18 | partnership under a partnership
agreement, including a | ||||||
19 | limited liability partnership, in a limited liability
| ||||||
20 | company under the Limited Liability Company Act, in a | ||||||
21 | corporation authorized by
the Medical Corporation Act, as | ||||||
22 | an
association authorized by the Professional Association | ||||||
23 | Act, or in a
corporation under the
Professional Corporation | ||||||
24 | Act or from pooling, sharing, dividing or
apportioning the | ||||||
25 | fees and monies received by them or by the partnership,
| ||||||
26 | corporation or association in accordance with the |
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1 | partnership agreement or the
policies of the Board of | ||||||
2 | Directors of the corporation or association. Nothing
| ||||||
3 | contained in this subsection prohibits 2 or more | ||||||
4 | corporations authorized by the
Medical Corporation Act, | ||||||
5 | from forming a partnership or joint venture of such
| ||||||
6 | corporations, and providing medical, surgical and | ||||||
7 | scientific research and
knowledge by employees of these | ||||||
8 | corporations if such employees are licensed
under this Act, | ||||||
9 | or from pooling, sharing, dividing, or apportioning the | ||||||
10 | fees
and monies received by the partnership or joint | ||||||
11 | venture in accordance with the
partnership or joint venture | ||||||
12 | agreement. Nothing contained in this subsection
shall | ||||||
13 | abrogate the right of 2 or more persons, holding valid and | ||||||
14 | current
licenses under this Act, to each receive adequate | ||||||
15 | compensation for concurrently
rendering professional | ||||||
16 | services to a patient and divide a fee; provided, the
| ||||||
17 | patient has full knowledge of the division, and, provided, | ||||||
18 | that the division is
made in proportion to the services | ||||||
19 | performed and responsibility assumed by
each.
| ||||||
20 | (15) A finding by the Medical Disciplinary Board that | ||||||
21 | the
registrant after
having his or her license placed on | ||||||
22 | probationary status or subjected to
conditions or | ||||||
23 | restrictions violated the terms of the probation or failed | ||||||
24 | to
comply with such terms or conditions.
| ||||||
25 | (16) Abandonment of a patient.
| ||||||
26 | (17) Prescribing, selling, administering, |
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| |||||||
1 | distributing, giving
or
self-administering any drug | ||||||
2 | classified as a controlled substance (designated
product) | ||||||
3 | or narcotic for other than medically accepted therapeutic
| ||||||
4 | purposes.
| ||||||
5 | (18) Promotion of the sale of drugs, devices, | ||||||
6 | appliances or
goods provided
for a patient in such manner | ||||||
7 | as to exploit the patient for financial gain of
the | ||||||
8 | physician.
| ||||||
9 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
10 | disease by a secret
method, procedure, treatment or | ||||||
11 | medicine, or the treating, operating or
prescribing for any | ||||||
12 | human condition by a method, means or procedure which the
| ||||||
13 | licensee refuses to divulge upon demand of the Department.
| ||||||
14 | (20) Immoral conduct in the commission of any act | ||||||
15 | including,
but not limited to, commission of an act of | ||||||
16 | sexual misconduct related to the
licensee's
practice.
| ||||||
17 | (21) Wilfully making or filing false records or reports | ||||||
18 | in his
or her
practice as a physician, including, but not | ||||||
19 | limited to, false records to
support claims against the | ||||||
20 | medical assistance program of the Department of Healthcare | ||||||
21 | and Family Services (formerly Department of
Public Aid )
| ||||||
22 | under the Illinois Public Aid Code.
| ||||||
23 | (22) Wilful omission to file or record, or wilfully | ||||||
24 | impeding
the filing or
recording, or inducing another | ||||||
25 | person to omit to file or record, medical
reports as | ||||||
26 | required by law, or wilfully failing to report an instance |
| |||||||
| |||||||
1 | of
suspected abuse or neglect as required by law.
| ||||||
2 | (23) Being named as a perpetrator in an indicated | ||||||
3 | report by
the Department
of Children and Family Services | ||||||
4 | under the Abused and Neglected Child Reporting
Act, and | ||||||
5 | upon proof by clear and convincing evidence that the | ||||||
6 | licensee has
caused a child to be an abused child or | ||||||
7 | neglected child as defined in the
Abused and Neglected | ||||||
8 | Child Reporting Act.
| ||||||
9 | (24) Solicitation of professional patronage by any
| ||||||
10 | corporation, agents or
persons, or profiting from those | ||||||
11 | representing themselves to be agents of the
licensee.
| ||||||
12 | (25) Gross and wilful and continued overcharging for
| ||||||
13 | professional services,
including filing false statements | ||||||
14 | for collection of fees for which services are
not rendered, | ||||||
15 | including, but not limited to, filing such false statements | ||||||
16 | for
collection of monies for services not rendered from the | ||||||
17 | medical assistance
program of the Department of Healthcare | ||||||
18 | and Family Services (formerly Department of Public Aid )
| ||||||
19 | under the Illinois Public Aid
Code.
| ||||||
20 | (26) A pattern of practice or other behavior which
| ||||||
21 | demonstrates
incapacity
or incompetence to practice under | ||||||
22 | this Act.
| ||||||
23 | (27) Mental illness or disability which results in the
| ||||||
24 | inability to
practice under this Act with reasonable | ||||||
25 | judgment, skill or safety.
| ||||||
26 | (28) Physical illness, including, but not limited to,
|
| |||||||
| |||||||
1 | deterioration through
the aging process, or loss of motor | ||||||
2 | skill which results in a physician's
inability to practice | ||||||
3 | under this Act with reasonable judgment, skill or
safety.
| ||||||
4 | (29) Cheating on or attempt to subvert the licensing
| ||||||
5 | examinations
administered under this Act.
| ||||||
6 | (30) Wilfully or negligently violating the | ||||||
7 | confidentiality
between
physician and patient except as | ||||||
8 | required by law.
| ||||||
9 | (31) The use of any false, fraudulent, or deceptive | ||||||
10 | statement
in any
document connected with practice under | ||||||
11 | this Act.
| ||||||
12 | (32) Aiding and abetting an individual not licensed | ||||||
13 | under this
Act in the
practice of a profession licensed | ||||||
14 | under this Act.
| ||||||
15 | (33) Violating state or federal laws or regulations | ||||||
16 | relating
to controlled
substances, legend
drugs, or | ||||||
17 | ephedra, as defined in the Ephedra Prohibition Act.
| ||||||
18 | (34) Failure to report to the Department any adverse | ||||||
19 | final
action taken
against them by another licensing | ||||||
20 | jurisdiction (any other state or any
territory of the | ||||||
21 | United States or any foreign state or country), by any peer
| ||||||
22 | review body, by any health care institution, by any | ||||||
23 | professional society or
association related to practice | ||||||
24 | under this Act, by any governmental agency, by
any law | ||||||
25 | enforcement agency, or by any court for acts or conduct | ||||||
26 | similar to acts
or conduct which would constitute grounds |
| |||||||
| |||||||
1 | for action as defined in this
Section.
| ||||||
2 | (35) Failure to report to the Department surrender of a
| ||||||
3 | license or
authorization to practice as a medical doctor, a | ||||||
4 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
5 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
6 | surrender of membership on
any medical staff or in any | ||||||
7 | medical or professional association or society,
while | ||||||
8 | under disciplinary investigation by any of those | ||||||
9 | authorities or bodies,
for acts or conduct similar to acts | ||||||
10 | or conduct which would constitute grounds
for action as | ||||||
11 | defined in this Section.
| ||||||
12 | (36) Failure to report to the Department any adverse | ||||||
13 | judgment,
settlement,
or award arising from a liability | ||||||
14 | claim related to acts or conduct similar to
acts or conduct | ||||||
15 | which would constitute grounds for action as defined in | ||||||
16 | this
Section.
| ||||||
17 | (37) Failure to transfer copies of medical records as | ||||||
18 | required
by law.
| ||||||
19 | (38) Failure to furnish the Department, its | ||||||
20 | investigators or
representatives, relevant information, | ||||||
21 | legally requested by the Department
after consultation | ||||||
22 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
23 | Coordinator.
| ||||||
24 | (39) Violating the Health Care Worker Self-Referral
| ||||||
25 | Act.
| ||||||
26 | (40) Willful failure to provide notice when notice is |
| |||||||
| |||||||
1 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
2 | (41) Failure to establish and maintain records of | ||||||
3 | patient care and
treatment as required by this law.
| ||||||
4 | (42) Entering into an excessive number of written | ||||||
5 | collaborative
agreements with licensed advanced practice | ||||||
6 | nurses resulting in an inability to
adequately collaborate | ||||||
7 | and provide medical direction.
| ||||||
8 | (43) Repeated failure to adequately collaborate with | ||||||
9 | or provide medical
direction to a licensed advanced | ||||||
10 | practice nurse.
| ||||||
11 | (44) Violating any provision of the Internet | ||||||
12 | Prescribing Prohibition Act.
| ||||||
13 | Except
for actions involving the ground numbered (26), all | ||||||
14 | proceedings to suspend,
revoke, place on probationary status, | ||||||
15 | or take any
other disciplinary action as the Department may | ||||||
16 | deem proper, with regard to a
license on any of the foregoing | ||||||
17 | grounds, must be commenced within 5 years next
after receipt by | ||||||
18 | the Department of a complaint alleging the commission of or
| ||||||
19 | notice of the conviction order for any of the acts described | ||||||
20 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
21 | (29), no action shall be commenced more
than 10 years after the | ||||||
22 | date of the incident or act alleged to have violated
this | ||||||
23 | Section. For actions involving the ground numbered (26), a | ||||||
24 | pattern of practice or other behavior includes all incidents | ||||||
25 | alleged to be part of the pattern of practice or other behavior | ||||||
26 | that occurred or a report pursuant to Section 23 of this Act |
| |||||||
| |||||||
1 | received within the 10-year period preceding the filing of the | ||||||
2 | complaint. In the event of the settlement of any claim or cause | ||||||
3 | of action
in favor of the claimant or the reduction to final | ||||||
4 | judgment of any civil action
in favor of the plaintiff, such | ||||||
5 | claim, cause of action or civil action being
grounded on the | ||||||
6 | allegation that a person licensed under this Act was negligent
| ||||||
7 | in providing care, the Department shall have an additional | ||||||
8 | period of 2 years
from the date of notification to the | ||||||
9 | Department under Section 23 of this Act
of such settlement or | ||||||
10 | final judgment in which to investigate and
commence formal | ||||||
11 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
12 | as otherwise provided by law. The time during which the holder | ||||||
13 | of the license
was outside the State of Illinois shall not be | ||||||
14 | included within any period of
time limiting the commencement of | ||||||
15 | disciplinary action by the Department.
| ||||||
16 | The entry of an order or judgment by any circuit court | ||||||
17 | establishing that any
person holding a license under this Act | ||||||
18 | is a person in need of mental treatment
operates as a | ||||||
19 | suspension of that license. That person may resume their
| ||||||
20 | practice only upon the entry of a Departmental order based upon | ||||||
21 | a finding by
the Medical Disciplinary Board that they have been | ||||||
22 | determined to be recovered
from mental illness by the court and | ||||||
23 | upon the Disciplinary Board's
recommendation that they be | ||||||
24 | permitted to resume their practice.
| ||||||
25 | The Department may refuse to issue or take disciplinary | ||||||
26 | action concerning the license of any person
who fails to file a |
| |||||||
| |||||||
1 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
2 | return, or to pay any final assessment of tax, penalty or | ||||||
3 | interest, as
required by any tax Act administered by the | ||||||
4 | Illinois Department of Revenue,
until such time as the | ||||||
5 | requirements of any such tax Act are satisfied as
determined by | ||||||
6 | the Illinois Department of Revenue.
| ||||||
7 | The Department, upon the recommendation of the | ||||||
8 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
9 | to be used in determining:
| ||||||
10 | (a) when a person will be deemed sufficiently | ||||||
11 | rehabilitated to warrant the
public trust;
| ||||||
12 | (b) what constitutes dishonorable, unethical or | ||||||
13 | unprofessional conduct of
a character likely to deceive, | ||||||
14 | defraud, or harm the public;
| ||||||
15 | (c) what constitutes immoral conduct in the commission | ||||||
16 | of any act,
including, but not limited to, commission of an | ||||||
17 | act of sexual misconduct
related
to the licensee's | ||||||
18 | practice; and
| ||||||
19 | (d) what constitutes gross negligence in the practice | ||||||
20 | of medicine.
| ||||||
21 | However, no such rule shall be admissible into evidence in | ||||||
22 | any civil action
except for review of a licensing or other | ||||||
23 | disciplinary action under this Act.
| ||||||
24 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
25 | upon a showing of a possible violation, may compel any | ||||||
26 | individual licensed to
practice under this Act, or who has |
| |||||||
| |||||||
1 | applied for licensure or a permit
pursuant to this Act, to | ||||||
2 | submit to a mental or physical examination, or both,
as | ||||||
3 | required by and at the expense of the Department. The examining | ||||||
4 | physician
or physicians shall be those specifically designated | ||||||
5 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
6 | the Department may order the examining
physician to present | ||||||
7 | testimony concerning this mental or physical examination
of the | ||||||
8 | licensee or applicant. No information shall be excluded by | ||||||
9 | reason of
any common
law or statutory privilege relating to | ||||||
10 | communication between the licensee or
applicant and
the | ||||||
11 | examining physician.
The individual to be examined may have, at | ||||||
12 | his or her own expense, another
physician of his or her choice | ||||||
13 | present during all aspects of the examination.
Failure of any | ||||||
14 | individual to submit to mental or physical examination, when
| ||||||
15 | directed, shall be grounds for suspension of his or her license | ||||||
16 | until such time
as the individual submits to the examination if | ||||||
17 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
18 | the refusal to submit to the examination was
without reasonable | ||||||
19 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
20 | practice because of the reasons set forth in this Section, the | ||||||
21 | Disciplinary
Board shall require such physician to submit to | ||||||
22 | care, counseling, or treatment
by physicians approved or | ||||||
23 | designated by the Disciplinary Board, as a condition
for | ||||||
24 | continued, reinstated, or renewed licensure to practice. Any | ||||||
25 | physician,
whose license was granted pursuant to Sections 9, | ||||||
26 | 17, or 19 of this Act, or,
continued, reinstated, renewed, |
| |||||||
| |||||||
1 | disciplined or supervised, subject to such
terms, conditions or | ||||||
2 | restrictions who shall fail to comply with such terms,
| ||||||
3 | conditions or restrictions, or to complete a required program | ||||||
4 | of care,
counseling, or treatment, as determined by the Chief | ||||||
5 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
6 | referred to the Secretary for a
determination as to whether the | ||||||
7 | licensee shall have their license suspended
immediately, | ||||||
8 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
9 | which the Secretary immediately suspends a license under this | ||||||
10 | Section, a hearing
upon such person's license must be convened | ||||||
11 | by the Disciplinary Board within 15
days after such suspension | ||||||
12 | and completed without appreciable delay. The
Disciplinary | ||||||
13 | Board shall have the authority to review the subject | ||||||
14 | physician's
record of treatment and counseling regarding the | ||||||
15 | impairment, to the extent
permitted by applicable federal | ||||||
16 | statutes and regulations safeguarding the
confidentiality of | ||||||
17 | medical records.
| ||||||
18 | An individual licensed under this Act, affected under this | ||||||
19 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
20 | Disciplinary Board that they can
resume practice in compliance | ||||||
21 | with acceptable and prevailing standards under
the provisions | ||||||
22 | of their license.
| ||||||
23 | The Department may promulgate rules for the imposition of | ||||||
24 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
25 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
26 | other forms of disciplinary action, but
shall not be the |
| |||||||
| |||||||
1 | exclusive disposition of any disciplinary action arising out
of | ||||||
2 | conduct resulting in death or injury to a patient. Any funds | ||||||
3 | collected from
such fines shall be deposited in the Medical | ||||||
4 | Disciplinary Fund.
| ||||||
5 | (B) The Department shall revoke the license or visiting
| ||||||
6 | permit of any person issued under this Act to practice medicine | ||||||
7 | or to treat
human ailments without the use of drugs and without | ||||||
8 | operative surgery, who
has been convicted a second time of | ||||||
9 | committing any felony under the
Illinois Controlled Substances | ||||||
10 | Act or the Methamphetamine Control and Community Protection | ||||||
11 | Act, or who has been convicted a second time of
committing a | ||||||
12 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
13 | Public
Aid Code. A person whose license or visiting permit is | ||||||
14 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
15 | be prohibited from practicing
medicine or treating human | ||||||
16 | ailments without the use of drugs and without
operative | ||||||
17 | surgery.
| ||||||
18 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
19 | Department civil
penalties and any other appropriate | ||||||
20 | discipline in disciplinary cases when the
Board finds that a | ||||||
21 | physician willfully performed an abortion with actual
| ||||||
22 | knowledge that the person upon whom the abortion has been | ||||||
23 | performed is a minor
or an incompetent person without notice as | ||||||
24 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
25 | Upon the Board's recommendation, the Department shall
impose, | ||||||
26 | for the first violation, a civil penalty of $1,000 and for a |
| |||||||
| |||||||
1 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
2 | (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; | ||||||
3 | revised 1-3-07.)
| ||||||
4 | Section 100. The Nursing and Advanced Practice Nursing Act | ||||||
5 | is amended by changing Section 15-50 as follows:
| ||||||
6 | (225 ILCS 65/15-50)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
8 | Sec. 15-50. Grounds for disciplinary action.
| ||||||
9 | (a) The Department may, upon the recommendation of the APN | ||||||
10 | Board, refuse to
issue or to
renew, or may revoke, suspend, | ||||||
11 | place on probation, censure or
reprimand, or take other | ||||||
12 | disciplinary action as the Department may deem
appropriate with
| ||||||
13 | regard to
a license issued under this Title,
including the | ||||||
14 | issuance of fines not to exceed
$5,000 for each violation, for | ||||||
15 | any one or combination of the
grounds for discipline set forth | ||||||
16 | in Section 10-45 of this Act or
for any one or combination of | ||||||
17 | the following causes:
| ||||||
18 | (1) Gross negligence in the practice of advanced | ||||||
19 | practice nursing.
| ||||||
20 | (2) Exceeding the terms of a collaborative agreement or | ||||||
21 | the prescriptive
authority
delegated to him or her by his | ||||||
22 | or her collaborating physician or alternate
collaborating
| ||||||
23 | physician in guidelines established under a written | ||||||
24 | collaborative agreement.
|
| |||||||
| |||||||
1 | (3) Making a false or misleading statement regarding | ||||||
2 | his or her skill or
the
efficacy or
value of the medicine, | ||||||
3 | treatment, or remedy prescribed by him or her in the
course | ||||||
4 | of treatment.
| ||||||
5 | (4) Prescribing, selling, administering, distributing, | ||||||
6 | giving, or
self-administering a drug
classified as a | ||||||
7 | controlled substance (designated product) or narcotic for | ||||||
8 | other
than medically
accepted therapeutic purposes.
| ||||||
9 | (5) Promotion of the sale of drugs, devices, | ||||||
10 | appliances, or goods provided
for
a patient
in a manner to | ||||||
11 | exploit the patient for financial gain.
| ||||||
12 | (6) Violating State or federal laws or regulations | ||||||
13 | relating to controlled
substances.
| ||||||
14 | (7) Willfully or negligently violating the | ||||||
15 | confidentiality between
advanced
practice
nurse, | ||||||
16 | collaborating physician, and patient, except as required | ||||||
17 | by law.
| ||||||
18 | (8) Failure of a licensee to report to the Department | ||||||
19 | any adverse final
action
taken
against such licensee by | ||||||
20 | another licensing jurisdiction (any other jurisdiction
of | ||||||
21 | the United
States or any foreign state or country), any | ||||||
22 | peer review body, any health
care institution,
a | ||||||
23 | professional or nursing or advanced practice nursing | ||||||
24 | society or association,
a governmental
agency, a law | ||||||
25 | enforcement agency, or a court or a liability claim | ||||||
26 | relating to
acts or conduct
similar to acts or conduct that |
| |||||||
| |||||||
1 | would constitute grounds for action as defined
in this | ||||||
2 | Section.
| ||||||
3 | (9) Failure of a licensee to report to the Department | ||||||
4 | surrender by the
licensee
of a
license or authorization to | ||||||
5 | practice nursing or advanced practice nursing in
another | ||||||
6 | state or
jurisdiction, or current surrender by the licensee | ||||||
7 | of membership on any nursing
staff or
organized health care | ||||||
8 | professional staff or in any nursing, advanced practice
| ||||||
9 | nurse, or
professional association or society while under | ||||||
10 | disciplinary investigation by
any of those
authorities or | ||||||
11 | bodies for acts or conduct similar to acts or conduct that | ||||||
12 | would
constitute
grounds for action as defined in this | ||||||
13 | Section.
| ||||||
14 | (10) Failing, within 60 days, to provide information in | ||||||
15 | response to a
written request
made by the Department.
| ||||||
16 | (11) Failure to establish and maintain records of | ||||||
17 | patient care and
treatment as required
by law.
| ||||||
18 | (12) Any violation of any Section of this Title or Act.
| ||||||
19 | (13) Violating any provision of the Internet | ||||||
20 | Prescribing Prohibition Act.
| ||||||
21 | When the Department has received written
reports | ||||||
22 | concerning incidents required to be reported in
items (8) and | ||||||
23 | (9), the licensee's failure to report the incident to the
| ||||||
24 | Department under those items shall not be the sole
grounds for | ||||||
25 | disciplinary action.
| ||||||
26 | (b) The Department may refuse to issue or may suspend the |
| |||||||
| |||||||
1 | license of any
person who fails to file a return, to pay the | ||||||
2 | tax, penalty, or interest shown
in a filed return, or to pay | ||||||
3 | any final assessment of the tax, penalty, or
interest as | ||||||
4 | required by a tax Act administered by the Department of | ||||||
5 | Revenue,
until the requirements of the tax Act are satisfied.
| ||||||
6 | (c) In enforcing this Section, the Department or APN Board, | ||||||
7 | upon a showing
of a possible violation, may compel an | ||||||
8 | individual licensed to practice under
this Title, or who has | ||||||
9 | applied for licensure under this Title, to submit to a
mental | ||||||
10 | or physical examination or both, as required by and at the | ||||||
11 | expense of
the Department. The Department or APN Board may | ||||||
12 | order the examining physician
to present testimony concerning | ||||||
13 | the mental or physical examination of the
licensee or | ||||||
14 | applicant. No information shall be excluded by reason of any
| ||||||
15 | common law or statutory privilege relating to communications | ||||||
16 | between the
licensee or applicant and the examining physician. | ||||||
17 | The examining physician
shall be specifically designated by the | ||||||
18 | APN Board or Department. The
individual to be examined may | ||||||
19 | have, at his or her own expense, another
physician of his or | ||||||
20 | her choice present during all aspects of this examination.
| ||||||
21 | Failure of an individual to submit to a mental or physical | ||||||
22 | examination when
directed shall be grounds for suspension of | ||||||
23 | his or her license until the
individual submits to the | ||||||
24 | examination if the Department finds, after notice and
hearing, | ||||||
25 | that the refusal to submit to the examination was without | ||||||
26 | reasonable
cause.
|
| |||||||
| |||||||
1 | If the Department or APN Board finds an individual unable | ||||||
2 | to practice
because of the reasons set forth in this Section, | ||||||
3 | the Department or APN Board
may require that individual to | ||||||
4 | submit to care, counseling, or treatment by
physicians approved | ||||||
5 | or designated by the Department or APN Board as a
condition, | ||||||
6 | term, or restriction for continued, reinstated, or renewed | ||||||
7 | licensure
to practice; or, in lieu of care, counseling, or | ||||||
8 | treatment, the Department may
file, or the APN Board may | ||||||
9 | recommend to the Department to file, a complaint to
immediately | ||||||
10 | suspend, revoke, or otherwise discipline the license of the
| ||||||
11 | individual. An individual whose license was granted, | ||||||
12 | continued, reinstated,
renewed, disciplined or supervised | ||||||
13 | subject to terms, conditions, or
restrictions, and who fails to | ||||||
14 | comply with the terms, conditions, or
restrictions, shall be | ||||||
15 | referred to the Director for a determination as to
whether the | ||||||
16 | individual shall have his or her license suspended immediately,
| ||||||
17 | pending a hearing by the Department.
| ||||||
18 | In instances in which the Director immediately suspends a | ||||||
19 | person's license
under this Section, a hearing on that person's | ||||||
20 | license shall be convened by the
Department within 15 days | ||||||
21 | after the suspension and shall be completed without
appreciable | ||||||
22 | delay. The Department and APN Board shall have the authority to
| ||||||
23 | review the subject individual's record of treatment and | ||||||
24 | counseling regarding
the impairment to the extent permitted by | ||||||
25 | applicable federal statutes and
regulations safeguarding the | ||||||
26 | confidentiality of medical records.
|
| |||||||
| |||||||
1 | An individual licensed under this Title and affected under | ||||||
2 | this Section shall
be afforded an opportunity to demonstrate to | ||||||
3 | the Department or APN Board that
he or she can resume practice | ||||||
4 | in compliance with acceptable and prevailing
standards under | ||||||
5 | the provisions of his or her license.
| ||||||
6 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
7 | Section 105. The Illinois Optometric Practice Act of 1987 | ||||||
8 | is amended by changing Section 24 as follows:
| ||||||
9 | (225 ILCS 80/24) (from Ch. 111, par. 3924)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
11 | Sec. 24. Grounds for disciplinary action.
| ||||||
12 | (a) The Department may refuse to issue or to renew, or may
| ||||||
13 | revoke, suspend, place on probation, reprimand or take other
| ||||||
14 | disciplinary action as the Department may deem proper, | ||||||
15 | including fines not
to exceed $10,000 for each violation, with | ||||||
16 | regard to any license for any one or combination of the | ||||||
17 | following causes:
| ||||||
18 | (1) Violations of this Act, or of the rules promulgated
| ||||||
19 | hereunder.
| ||||||
20 | (2) Conviction of or entry of a plea of guilty to any | ||||||
21 | crime under the laws of any U.S. jurisdiction
thereof that | ||||||
22 | is a felony or that is a misdemeanor of which an essential | ||||||
23 | element
is dishonesty, or any crime that is directly | ||||||
24 | related to the practice of the
profession.
|
| |||||||
| |||||||
1 | (3) Making any misrepresentation for the purpose of | ||||||
2 | obtaining a
license.
| ||||||
3 | (4) Professional incompetence or gross negligence in | ||||||
4 | the
practice of optometry.
| ||||||
5 | (5) Gross malpractice, prima facie evidence
of which | ||||||
6 | may be a conviction or judgment of
malpractice in any court | ||||||
7 | of competent jurisdiction.
| ||||||
8 | (6) Aiding or assisting another person in violating any
| ||||||
9 | provision of this Act or rules.
| ||||||
10 | (7) Failing, within 60 days, to provide information in | ||||||
11 | response
to a
written request made by the Department that | ||||||
12 | has been sent by
certified or
registered mail to the | ||||||
13 | licensee's last known address.
| ||||||
14 | (8) Engaging in dishonorable, unethical, or | ||||||
15 | unprofessional
conduct of a
character likely to deceive, | ||||||
16 | defraud, or harm the public.
| ||||||
17 | (9) Habitual or excessive use or addiction to alcohol,
| ||||||
18 | narcotics,
stimulants or any other chemical agent or drug | ||||||
19 | that results in
the
inability to practice with reasonable | ||||||
20 | judgment, skill, or safety.
| ||||||
21 | (10) Discipline by another U.S. jurisdiction or | ||||||
22 | foreign
nation, if at
least one of the grounds for the | ||||||
23 | discipline is the same or substantially
equivalent to those | ||||||
24 | set forth herein.
| ||||||
25 | (11) Directly or indirectly giving to or receiving from | ||||||
26 | any
person, firm,
corporation, partnership, or association |
| |||||||
| |||||||
1 | any fee, commission, rebate, or
other form of compensation | ||||||
2 | for any professional services not actually or
personally | ||||||
3 | rendered. This shall not be deemed to include (i) rent or | ||||||
4 | other
remunerations paid to an individual, partnership, or | ||||||
5 | corporation by an
optometrist for the lease, rental, or use | ||||||
6 | of space, owned or controlled, by
the individual, | ||||||
7 | partnership, corporation or association, and (ii) the
| ||||||
8 | division of fees between an optometrist and related | ||||||
9 | professional service
providers with whom the optometrist | ||||||
10 | practices in a
professional corporation organized under | ||||||
11 | Section 3.6 of the Professional
Service Corporation Act.
| ||||||
12 | (12) A finding by the Department that the licensee, | ||||||
13 | after
having his or
her
license placed on probationary | ||||||
14 | status has violated the terms of
probation.
| ||||||
15 | (13) Abandonment of a patient.
| ||||||
16 | (14) Willfully making or filing false records or | ||||||
17 | reports in
his or her
practice,
including but not limited | ||||||
18 | to false records filed with State agencies or
departments.
| ||||||
19 | (15) Willfully failing to report an instance of | ||||||
20 | suspected
child abuse or
neglect as required by the Abused | ||||||
21 | and Neglected Child Reporting Act.
| ||||||
22 | (16) Physical illness, including but not limited to,
| ||||||
23 | deterioration
through the aging process, or loss of motor | ||||||
24 | skill, mental illness, or
disability that results in the
| ||||||
25 | inability to practice the profession with reasonable | ||||||
26 | judgment, skill,
or safety.
|
| |||||||
| |||||||
1 | (17) Solicitation of professional services other than
| ||||||
2 | permitted
advertising.
| ||||||
3 | (18) Failure to provide a patient with a copy of his or
| ||||||
4 | her record or
prescription in accordance with federal law.
| ||||||
5 | (19) Conviction by any court of competent | ||||||
6 | jurisdiction, either
within or
without this State, of any | ||||||
7 | violation of any law governing the practice of
optometry, | ||||||
8 | conviction in this or another State of any crime that
is a
| ||||||
9 | felony under the laws of this State or conviction of a | ||||||
10 | felony in a federal
court, if the Department determines, | ||||||
11 | after investigation, that such person
has not been | ||||||
12 | sufficiently rehabilitated to warrant the public trust.
| ||||||
13 | (20) A finding that licensure has been applied for or | ||||||
14 | obtained
by
fraudulent means.
| ||||||
15 | (21) Continued practice by a person knowingly having an
| ||||||
16 | infectious
or contagious
disease.
| ||||||
17 | (22) Being named as a perpetrator in an indicated | ||||||
18 | report by
the
Department of Children and Family Services | ||||||
19 | under the Abused and
Neglected Child Reporting Act, and | ||||||
20 | upon proof by clear and
convincing evidence that the | ||||||
21 | licensee has caused a child to be an abused
child or a | ||||||
22 | neglected child as defined in the Abused and Neglected | ||||||
23 | Child
Reporting Act.
| ||||||
24 | (23) Practicing or attempting to practice under a name | ||||||
25 | other
than the
full name as shown on his or her license.
| ||||||
26 | (24) Immoral conduct in the commission of any act, such |
| |||||||
| |||||||
1 | as
sexual abuse,
sexual misconduct or sexual exploitation, | ||||||
2 | related to the licensee's
practice.
| ||||||
3 | (25) Maintaining a professional relationship with any | ||||||
4 | person,
firm, or
corporation when the optometrist knows, or | ||||||
5 | should know, that such person,
firm, or corporation is | ||||||
6 | violating this Act.
| ||||||
7 | (26) Promotion of the sale of drugs, devices, | ||||||
8 | appliances or
goods
provided for a client or patient in | ||||||
9 | such manner as to exploit the patient
or client for | ||||||
10 | financial gain of the licensee.
| ||||||
11 | (27) Using the title "Doctor" or its abbreviation | ||||||
12 | without
further
qualifying that title or abbreviation with | ||||||
13 | the word "optometry" or
"optometrist".
| ||||||
14 | (28) Use by a licensed optometrist of the
word
| ||||||
15 | "infirmary",
"hospital", "school", "university", in | ||||||
16 | English or any other
language, in connection with the place | ||||||
17 | where optometry may be practiced or
demonstrated.
| ||||||
18 | (29) Continuance of an optometrist in the employ of any
| ||||||
19 | person, firm or
corporation, or as an assistant to any | ||||||
20 | optometrist or optometrists,
directly or indirectly, after | ||||||
21 | his or her employer or superior has been
found
guilty of | ||||||
22 | violating or has been enjoined from violating the laws of | ||||||
23 | the
State of Illinois relating to the practice of | ||||||
24 | optometry, when the employer
or superior persists in that | ||||||
25 | violation.
| ||||||
26 | (30) The performance of optometric service in |
| |||||||
| |||||||
1 | conjunction with
a scheme
or plan with another person, firm | ||||||
2 | or corporation known to be advertising in
a manner contrary | ||||||
3 | to this Act or otherwise violating the laws of the State of
| ||||||
4 | Illinois concerning the practice of optometry.
| ||||||
5 | (31) Failure to provide satisfactory proof of having
| ||||||
6 | participated in
approved continuing education programs as | ||||||
7 | determined by the Board and
approved by the Secretary. | ||||||
8 | Exceptions for extreme hardships are to be
defined by the | ||||||
9 | rules of the Department.
| ||||||
10 | (32) Willfully making or filing false records or | ||||||
11 | reports in
the practice
of optometry, including, but not | ||||||
12 | limited to false records to support claims
against the | ||||||
13 | medical assistance program of the Department of Healthcare | ||||||
14 | and Family Services (formerly Department of Public Aid)
| ||||||
15 | under the Illinois Public Aid Code.
| ||||||
16 | (33) Gross and willful overcharging for professional | ||||||
17 | services
including
filing false statements for collection | ||||||
18 | of fees for which services are not
rendered, including, but | ||||||
19 | not limited to filing false statements for
collection of | ||||||
20 | monies for services not rendered from the medical | ||||||
21 | assistance
program of the Department of Healthcare and | ||||||
22 | Family Services (formerly Department of Public Aid) under | ||||||
23 | the Illinois Public Aid
Code.
| ||||||
24 | (34) In the absence of good reasons to the contrary, | ||||||
25 | failure
to perform a
minimum eye examination as required by | ||||||
26 | the rules of the Department.
|
| |||||||
| |||||||
1 | (35) Violation of the Health Care Worker Self-Referral | ||||||
2 | Act.
| ||||||
3 | (36) Violating any provision of the Internet | ||||||
4 | Prescribing Prohibition Act.
| ||||||
5 | The Department may refuse to issue or may suspend the | ||||||
6 | license of any person who fails to file a return, or to pay the | ||||||
7 | tax,
penalty or interest shown in a filed return, or to pay any | ||||||
8 | final assessment
of the tax, penalty or interest, as required | ||||||
9 | by any tax Act administered by
the Illinois Department of | ||||||
10 | Revenue, until such time as the requirements of
any such tax | ||||||
11 | Act are satisfied.
| ||||||
12 | (a-5) In enforcing this Section, the Board upon a showing | ||||||
13 | of a possible
violation, may compel any individual licensed to | ||||||
14 | practice under this Act, or
who has applied for licensure or | ||||||
15 | certification pursuant to this Act,
to submit to a
mental or | ||||||
16 | physical
examination, or both, as required by and at the | ||||||
17 | expense of the Department. The
examining physicians or clinical | ||||||
18 | psychologists shall be those specifically
designated by the | ||||||
19 | Board. The Board or the Department may order the examining
| ||||||
20 | physician or clinical psychologist to present testimony | ||||||
21 | concerning this mental
or physical examination of the licensee | ||||||
22 | or applicant. No information shall be
excluded by reason of any | ||||||
23 | common law or statutory privilege relating to
communications | ||||||
24 | between the licensee or applicant and the examining physician | ||||||
25 | or
clinical psychologist. Eye examinations may be provided by a | ||||||
26 | licensed
optometrist. The individual to be examined may have,
|
| |||||||
| |||||||
1 | at his or her own expense, another physician of his or her | ||||||
2 | choice present
during all aspects of the examination. Failure | ||||||
3 | of any individual to submit to
a mental or physical | ||||||
4 | examination, when directed, shall be grounds for
suspension of | ||||||
5 | a license until such time as the individual submits to the
| ||||||
6 | examination if the Board finds, after notice and hearing, that | ||||||
7 | the refusal to
submit to the examination was without reasonable | ||||||
8 | cause.
| ||||||
9 | If the Board finds an individual unable to practice because | ||||||
10 | of the reasons
set forth in this Section, the Board shall | ||||||
11 | require such individual to submit to
care, counseling, or | ||||||
12 | treatment by physicians or clinical psychologists approved
or | ||||||
13 | designated by the Board, as a condition, term, or restriction | ||||||
14 | for continued,
reinstated, or renewed licensure to practice, or | ||||||
15 | in lieu of care, counseling,
or treatment, the Board may | ||||||
16 | recommend to the Department to file a complaint to immediately | ||||||
17 | suspend, revoke, or otherwise discipline the
license of the | ||||||
18 | individual, or the Board may recommend to the Department to | ||||||
19 | file
a complaint to suspend, revoke, or otherwise discipline | ||||||
20 | the license of the
individual. Any individual whose license was | ||||||
21 | granted pursuant to this Act, or
continued, reinstated, | ||||||
22 | renewed, disciplined, or supervised, subject to such
| ||||||
23 | conditions, terms, or restrictions, who shall fail to comply | ||||||
24 | with such
conditions, terms, or restrictions, shall be referred | ||||||
25 | to the Secretary for a
determination as to whether the | ||||||
26 | individual shall have his or her license
suspended immediately, |
| |||||||
| |||||||
1 | pending a hearing by the Board.
| ||||||
2 | (b) The determination by a circuit court that a licensee is | ||||||
3 | subject to
involuntary admission or judicial admission as | ||||||
4 | provided in the Mental
Health and Developmental Disabilities | ||||||
5 | Code operates as an
automatic suspension. The suspension will | ||||||
6 | end only upon a finding by a
court that the patient is no | ||||||
7 | longer subject to involuntary admission or
judicial admission | ||||||
8 | and issues an order so finding and discharging the
patient; and | ||||||
9 | upon the recommendation of the Board to the Secretary
that
the | ||||||
10 | licensee be allowed to resume his or her practice.
| ||||||
11 | (Source: P.A. 94-787, eff. 5-19-06.)
| ||||||
12 | Section 110. The Physician Assistant Practice Act of 1987 | ||||||
13 | is amended by changing Section 21 as follows:
| ||||||
14 | (225 ILCS 95/21) (from Ch. 111, par. 4621)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
16 | Sec. 21. Grounds for disciplinary action.
| ||||||
17 | (a) The Department may refuse to issue or to renew, or may
| ||||||
18 | revoke, suspend, place on probation, censure or reprimand, or | ||||||
19 | take other
disciplinary action with regard to any license | ||||||
20 | issued under this Act as the
Department may deem proper, | ||||||
21 | including the issuance of fines not to exceed
$5000 for each | ||||||
22 | violation, for any one or combination of the following causes:
| ||||||
23 | (1) Material misstatement in furnishing information to | ||||||
24 | the Department.
|
| |||||||
| |||||||
1 | (2) Violations of this Act, or the rules adopted under | ||||||
2 | this Act.
| ||||||
3 | (3) Conviction of any crime under the laws of any U.S. | ||||||
4 | jurisdiction that
is a felony or that is a misdemeanor, an | ||||||
5 | essential element of which is
dishonesty, or of any crime | ||||||
6 | which is directly related to the practice of the
| ||||||
7 | profession.
| ||||||
8 | (4) Making any misrepresentation for the purpose of | ||||||
9 | obtaining licenses.
| ||||||
10 | (5) Professional incompetence.
| ||||||
11 | (6) Aiding or assisting another person in violating any | ||||||
12 | provision of this
Act or its rules.
| ||||||
13 | (7) Failing, within 60 days, to provide information in | ||||||
14 | response to a
written request made by the Department.
| ||||||
15 | (8) Engaging in dishonorable, unethical, or | ||||||
16 | unprofessional conduct, as
defined by rule, of a character | ||||||
17 | likely to deceive, defraud, or harm the public.
| ||||||
18 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
19 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
20 | that results in a physician
assistant's inability to | ||||||
21 | practice with reasonable judgment, skill, or safety.
| ||||||
22 | (10) Discipline by another U.S. jurisdiction or | ||||||
23 | foreign nation, if at
least one of the grounds for | ||||||
24 | discipline is the same or substantially equivalent
to those | ||||||
25 | set forth in this Section.
| ||||||
26 | (11) Directly or indirectly giving to or receiving from |
| |||||||
| |||||||
1 | any person, firm,
corporation, partnership, or association | ||||||
2 | any fee, commission, rebate or
other form of compensation | ||||||
3 | for any professional services not actually or
personally | ||||||
4 | rendered.
| ||||||
5 | (12) A finding by the Disciplinary Board that the | ||||||
6 | licensee, after having
his or her license placed on | ||||||
7 | probationary status has violated the terms of
probation.
| ||||||
8 | (13) Abandonment of a patient.
| ||||||
9 | (14) Willfully making or filing false records or | ||||||
10 | reports in his or her
practice, including but not limited | ||||||
11 | to false records filed with state agencies
or departments.
| ||||||
12 | (15) Willfully failing to report an instance of | ||||||
13 | suspected child abuse or
neglect as required by the Abused | ||||||
14 | and Neglected Child Reporting Act.
| ||||||
15 | (16) Physical illness, including but not limited to | ||||||
16 | deterioration
through the aging process, or loss of motor | ||||||
17 | skill, mental illness, or
disability that results in the | ||||||
18 | inability to practice the profession with
reasonable | ||||||
19 | judgment, skill or safety.
| ||||||
20 | (17) Being named as a perpetrator in an indicated | ||||||
21 | report by the
Department of Children and Family Services | ||||||
22 | under the Abused and
Neglected Child Reporting Act, and | ||||||
23 | upon proof by clear and convincing evidence
that the | ||||||
24 | licensee has caused a child to be an abused child or | ||||||
25 | neglected child
as defined in the Abused and Neglected | ||||||
26 | Child Reporting Act.
|
| |||||||
| |||||||
1 | (18) Conviction in this State or another state of any | ||||||
2 | crime that is a
felony under the laws of this State, or | ||||||
3 | conviction of a felony in a federal
court.
| ||||||
4 | (19) Gross malpractice resulting in permanent injury | ||||||
5 | or death
of a patient.
| ||||||
6 | (20) Employment of fraud, deception or any unlawful | ||||||
7 | means in applying for
or securing a license as a physician | ||||||
8 | assistant.
| ||||||
9 | (21) Exceeding the authority delegated to him or her by | ||||||
10 | his or her
supervising physician in guidelines established | ||||||
11 | by the physician/physician
assistant
team.
| ||||||
12 | (22) Immoral conduct in the commission of any act, such | ||||||
13 | as sexual abuse,
sexual misconduct or sexual exploitation | ||||||
14 | related to the licensee's practice.
| ||||||
15 | (23) Violation of the Health Care Worker Self-Referral | ||||||
16 | Act.
| ||||||
17 | (24) Practicing under a false or assumed name, except | ||||||
18 | as provided by law.
| ||||||
19 | (25) Making a false or misleading statement regarding | ||||||
20 | his or her skill or
the efficacy or value of the medicine, | ||||||
21 | treatment, or remedy prescribed by him
or her in the course | ||||||
22 | of treatment.
| ||||||
23 | (26) Allowing another person to use his or her license | ||||||
24 | to practice.
| ||||||
25 | (27) Prescribing, selling, administering, | ||||||
26 | distributing, giving, or
self-administering a drug |
| |||||||
| |||||||
1 | classified as a controlled substance (designated
product) | ||||||
2 | or narcotic for other than medically-accepted therapeutic | ||||||
3 | purposes.
| ||||||
4 | (28) Promotion of the sale of drugs, devices, | ||||||
5 | appliances, or goods
provided for a patient in a manner to | ||||||
6 | exploit the patient for financial gain.
| ||||||
7 | (29) A pattern of practice or other behavior that | ||||||
8 | demonstrates incapacity
or incompetence to practice under | ||||||
9 | this Act.
| ||||||
10 | (30) Violating State or federal laws or regulations | ||||||
11 | relating to controlled
substances.
| ||||||
12 | (31) Exceeding the limited prescriptive authority | ||||||
13 | delegated by the
supervising physician or violating the | ||||||
14 | written guidelines delegating that
authority.
| ||||||
15 | (32) Practicing without providing to the Department a | ||||||
16 | notice of
supervision or delegation of
prescriptive | ||||||
17 | authority.
| ||||||
18 | (33) Violating any provision of the Internet | ||||||
19 | Prescribing Prohibition Act.
| ||||||
20 | (b) The Department may refuse to issue or may suspend the | ||||||
21 | license of any
person who fails to file a return, or to pay the | ||||||
22 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
23 | final assessment of the tax,
penalty, or interest as required | ||||||
24 | by any tax Act administered by the
Illinois Department of | ||||||
25 | Revenue, until such time as the requirements of any
such tax | ||||||
26 | Act are satisfied.
|
| |||||||
| |||||||
1 | (c) The determination by a circuit court that a licensee is | ||||||
2 | subject to
involuntary admission or judicial admission as | ||||||
3 | provided in the Mental Health
and Developmental Disabilities | ||||||
4 | Code operates as an automatic suspension.
The
suspension will | ||||||
5 | end only upon a finding by a court that the patient is no
| ||||||
6 | longer subject to involuntary admission or judicial admission | ||||||
7 | and issues an
order so finding and discharging the patient, and | ||||||
8 | upon the
recommendation of
the Disciplinary Board to the | ||||||
9 | Director that the licensee be allowed to resume
his or her | ||||||
10 | practice.
| ||||||
11 | (d) In enforcing this Section, the Department upon a | ||||||
12 | showing of a
possible
violation may compel an individual | ||||||
13 | licensed to practice under this Act, or
who has applied for | ||||||
14 | licensure under this Act, to submit
to a mental or physical | ||||||
15 | examination, or both, as required by and at the expense
of the | ||||||
16 | Department. The Department may order the examining physician to
| ||||||
17 | present
testimony concerning the mental or physical | ||||||
18 | examination of the licensee or
applicant. No information shall | ||||||
19 | be excluded by reason of any common law or
statutory privilege | ||||||
20 | relating to communications between the licensee or
applicant | ||||||
21 | and the examining physician. The examining
physicians
shall be | ||||||
22 | specifically designated by the Department.
The individual to be | ||||||
23 | examined may have, at his or her own expense, another
physician | ||||||
24 | of his or her choice present during all
aspects of this | ||||||
25 | examination. Failure of an individual to submit to a mental
or
| ||||||
26 | physical examination, when directed, shall be grounds for |
| |||||||
| |||||||
1 | suspension of his or
her
license until the individual submits | ||||||
2 | to the examination if the Department
finds,
after notice and | ||||||
3 | hearing, that the refusal to submit to the examination was
| ||||||
4 | without reasonable cause.
| ||||||
5 | If the Department finds an individual unable to practice | ||||||
6 | because of
the
reasons
set forth in this Section, the | ||||||
7 | Department may require that individual
to submit
to
care, | ||||||
8 | counseling, or treatment by physicians approved
or designated | ||||||
9 | by the Department, as a condition, term, or restriction
for | ||||||
10 | continued,
reinstated, or
renewed licensure to practice; or, in | ||||||
11 | lieu of care, counseling, or treatment,
the Department may file
| ||||||
12 | a complaint to immediately
suspend, revoke, or otherwise | ||||||
13 | discipline the license of the individual.
An individual whose
| ||||||
14 | license was granted, continued, reinstated, renewed, | ||||||
15 | disciplined, or supervised
subject to such terms, conditions, | ||||||
16 | or restrictions, and who fails to comply
with
such terms, | ||||||
17 | conditions, or restrictions, shall be referred to the Director | ||||||
18 | for
a
determination as to whether the individual shall have his | ||||||
19 | or her license
suspended immediately, pending a hearing by the | ||||||
20 | Department.
| ||||||
21 | In instances in which the Director immediately suspends a | ||||||
22 | person's license
under this Section, a hearing on that person's | ||||||
23 | license must be convened by
the Department within 15 days after | ||||||
24 | the suspension and completed without
appreciable
delay.
The | ||||||
25 | Department shall have the authority to review the subject
| ||||||
26 | individual's record of
treatment and counseling regarding the |
| |||||||
| |||||||
1 | impairment to the extent permitted by
applicable federal | ||||||
2 | statutes and regulations safeguarding the confidentiality of
| ||||||
3 | medical records.
| ||||||
4 | An individual licensed under this Act and affected under | ||||||
5 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
6 | the Department that he or
she can resume
practice in compliance | ||||||
7 | with acceptable and prevailing standards under the
provisions | ||||||
8 | of his or her license.
| ||||||
9 | (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
| ||||||
10 | 90-655, eff. 7-30-98.)
| ||||||
11 | Section 115. The Podiatric Medical Practice Act of 1987 is | ||||||
12 | amended by changing Section 24 as follows:
| ||||||
13 | (225 ILCS 100/24) (from Ch. 111, par. 4824)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 24. Refusal to issue or suspension or revocation of
| ||||||
16 | license; grounds. The Department may refuse to issue, may | ||||||
17 | refuse to renew,
may refuse to restore, may suspend, or may | ||||||
18 | revoke any license, or may place
on probation, reprimand or | ||||||
19 | take other disciplinary action as the
Department may deem | ||||||
20 | proper, including fines not to exceed $5,000
for each violation | ||||||
21 | upon anyone licensed under this Act for any of the
following | ||||||
22 | reasons:
| ||||||
23 | (1) Making a material misstatement in furnishing | ||||||
24 | information
to the
Department.
|
| |||||||
| |||||||
1 | (2) Violations of this Act, or of the rules or regulations
| ||||||
2 | promulgated
hereunder.
| ||||||
3 | (3) Conviction of any crime under the laws of any United | ||||||
4 | States
jurisdiction
that
is a felony or a misdemeanor, of which | ||||||
5 | an essential
element is
dishonesty, or of any crime that is | ||||||
6 | directly related to the
practice of the
profession.
| ||||||
7 | (4) Making any misrepresentation for the purpose of | ||||||
8 | obtaining
licenses, or
violating any provision of this Act or | ||||||
9 | the rules promulgated thereunder
pertaining to advertising.
| ||||||
10 | (5) Professional incompetence.
| ||||||
11 | (6) Gross or repeated malpractice or negligence.
| ||||||
12 | (7) Aiding or assisting another person in violating any | ||||||
13 | provision
of this Act or rules.
| ||||||
14 | (8) Failing, within 60 days, to provide information in | ||||||
15 | response
to a written
request made by the Department.
| ||||||
16 | (9) Engaging in dishonorable, unethical or unprofessional | ||||||
17 | conduct
of a
character likely to deceive, defraud or harm the | ||||||
18 | public.
| ||||||
19 | (10) Habitual or excessive use of alcohol, narcotics, | ||||||
20 | stimulants
or other
chemical agent or drug that results in the | ||||||
21 | inability to practice
podiatric
medicine with reasonable | ||||||
22 | judgment, skill or safety.
| ||||||
23 | (11) Discipline by another United States jurisdiction if at
| ||||||
24 | least one of
the grounds for the discipline is the same or | ||||||
25 | substantially equivalent to
those set forth in this Section.
| ||||||
26 | (12) Directly or indirectly giving to or receiving from any
|
| |||||||
| |||||||
1 | person, firm,
corporation, partnership or association any fee, | ||||||
2 | commission, rebate or
other form of compensation for any | ||||||
3 | professional services not actually or
personally rendered. | ||||||
4 | This shall not be deemed to include rent or other
remunerations | ||||||
5 | paid to an individual, partnership, or corporation, by a
| ||||||
6 | licensee, for the lease, rental or use of space, owned or | ||||||
7 | controlled, by
the individual, partnership or corporation.
| ||||||
8 | (13) A finding by the Podiatric Medical Licensing Board | ||||||
9 | that the
licensee,
after having his
or her
license placed on | ||||||
10 | probationary status, has violated the
terms of probation.
| ||||||
11 | (14) Abandonment of a patient.
| ||||||
12 | (15) Willfully making or filing false records or reports in | ||||||
13 | his
or her practice,
including but not limited to false records | ||||||
14 | filed with state agencies or
departments.
| ||||||
15 | (16) Willfully failing to report an instance of suspected | ||||||
16 | child
abuse or
neglect as required by the Abused and Neglected | ||||||
17 | Child Report Act.
| ||||||
18 | (17) Physical illness, including but not limited to,
| ||||||
19 | deterioration through
the aging process, or loss of motor skill
| ||||||
20 | that results in the inability to
practice the profession with | ||||||
21 | reasonable judgment, skill or safety.
| ||||||
22 | (18) Solicitation of professional services other than | ||||||
23 | permitted
advertising.
| ||||||
24 | (19) The determination by a circuit court that a licensed
| ||||||
25 | podiatric
physician is subject to involuntary admission or | ||||||
26 | judicial admission as
provided in the Mental Health and |
| |||||||
| |||||||
1 | Developmental Disabilities Code
operates as an automatic | ||||||
2 | suspension.
Such suspension will end only upon a finding by a | ||||||
3 | court that the
patient is no longer subject to involuntary | ||||||
4 | admission or judicial admission
and issues an order so finding | ||||||
5 | and discharging the patient; and upon the
recommendation of the | ||||||
6 | Podiatric Medical Licensing Board to the Director
that the | ||||||
7 | licensee be allowed to resume his or her practice.
| ||||||
8 | (20) Holding oneself out to treat human ailments under any | ||||||
9 | name
other
than his or her own, or the impersonation of any | ||||||
10 | other physician.
| ||||||
11 | (21) Revocation or suspension or other action taken with
| ||||||
12 | respect to a podiatric medical license in
another jurisdiction | ||||||
13 | that would constitute disciplinary action under this
Act.
| ||||||
14 | (22) Promotion of the sale of drugs, devices, appliances or
| ||||||
15 | goods
provided for a patient in such manner as to exploit the | ||||||
16 | patient for
financial gain of the podiatric physician.
| ||||||
17 | (23) Gross, willful, and continued overcharging for | ||||||
18 | professional
services
including filing false statements for | ||||||
19 | collection of fees for those
services, including, but not | ||||||
20 | limited to, filing false statement for
collection of monies for | ||||||
21 | services not rendered from the medical assistance
program of | ||||||
22 | the Department of Healthcare and Family Services (formerly
| ||||||
23 | Department of Public Aid ) under the Illinois Public Aid Code
or | ||||||
24 | other private or public third party payor.
| ||||||
25 | (24) Being named as a perpetrator in an indicated report by | ||||||
26 | the
Department of Children and Family Services under the Abused |
| |||||||
| |||||||
1 | and
Neglected Child Reporting Act, and upon
proof by clear and | ||||||
2 | convincing evidence that the licensee has caused a child
to be | ||||||
3 | an abused child or neglected child as defined in the Abused and
| ||||||
4 | Neglected Child Reporting Act.
| ||||||
5 | (25) Willfully making or filing false records or reports in | ||||||
6 | the
practice of podiatric medicine, including, but not limited | ||||||
7 | to, false
records to support claims against the medical | ||||||
8 | assistance program of the
Department of Healthcare and Family | ||||||
9 | Services (formerly Department of Public Aid ) under the Illinois | ||||||
10 | Public Aid Code.
| ||||||
11 | (26) Mental illness or disability that results in
the | ||||||
12 | inability
to
practice with reasonable judgment, skill or | ||||||
13 | safety.
| ||||||
14 | (27) Immoral conduct in the commission of any act
| ||||||
15 | including,
sexual
abuse, sexual misconduct, or sexual | ||||||
16 | exploitation, related to the licensee's
practice.
| ||||||
17 | (28) Violation of the Health Care Worker Self-Referral Act.
| ||||||
18 | (29) Failure to report to the Department any adverse final | ||||||
19 | action taken
against him or her by another licensing | ||||||
20 | jurisdiction (another state or a
territory of the United States | ||||||
21 | or a foreign state or country) by a peer
review
body, by any | ||||||
22 | health care institution, by a professional society or | ||||||
23 | association
related to practice under this Act, by a | ||||||
24 | governmental agency, by a law
enforcement agency, or by a court | ||||||
25 | for acts or conduct similar to acts or
conduct that would | ||||||
26 | constitute grounds for action as defined in this Section.
|
| |||||||
| |||||||
1 | (30) Violating any provision of the Internet Prescribing | ||||||
2 | Prohibition Act.
| ||||||
3 | The Department may refuse to issue or may suspend the | ||||||
4 | license of any
person who fails to file a return, or to pay the | ||||||
5 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
6 | final assessment of tax, penalty or
interest, as required by | ||||||
7 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
8 | until such time as the requirements of any such tax
Act are | ||||||
9 | satisfied.
| ||||||
10 | Upon receipt of a written
communication from the Secretary | ||||||
11 | of Human Services, the Director of Healthcare and Family | ||||||
12 | Services (formerly Director of
Public Aid ) , or the Director of | ||||||
13 | Public Health that
continuation of practice of a person | ||||||
14 | licensed under
this Act constitutes an immediate danger to the | ||||||
15 | public, the Director may
immediately suspend
the license of | ||||||
16 | such person without a hearing. In instances in which the
| ||||||
17 | Director immediately suspends a license under this Section, a | ||||||
18 | hearing upon
such person's license must be convened by the | ||||||
19 | Board within 15 days after
such suspension and completed | ||||||
20 | without appreciable delay, such hearing held
to determine | ||||||
21 | whether to recommend to the Director that the person's license
| ||||||
22 | be revoked, suspended, placed on probationary status or | ||||||
23 | reinstated, or such
person be subject to other disciplinary | ||||||
24 | action. In such hearing, the
written communication and any | ||||||
25 | other evidence submitted therewith may be
introduced as | ||||||
26 | evidence against such person; provided, however, the person
or |
| |||||||
| |||||||
1 | his counsel shall have the opportunity to discredit or impeach | ||||||
2 | such
evidence and submit evidence rebutting the same.
| ||||||
3 | All proceedings to suspend, revoke, place on probationary | ||||||
4 | status, or take
any
other disciplinary action as the Department | ||||||
5 | may deem proper, with regard to a
license on any of the | ||||||
6 | foregoing grounds, must be commenced within 3 years after
| ||||||
7 | receipt by the Department of a complaint alleging the | ||||||
8 | commission of or notice
of the conviction order for any of the | ||||||
9 | acts described in this Section. Except
for fraud
in procuring a | ||||||
10 | license, no action shall be commenced more than 5 years after
| ||||||
11 | the date of the incident or act alleged to have
been a
| ||||||
12 | violation of this Section.
In the event of the settlement of | ||||||
13 | any claim or cause of action in favor of
the claimant or the | ||||||
14 | reduction to final judgment of any civil action in favor of
the | ||||||
15 | plaintiff, such claim, cause of action, or civil action being | ||||||
16 | grounded on
the allegation that a person licensed under this | ||||||
17 | Act was negligent in providing
care, the Department shall have | ||||||
18 | an additional period of one year from the date
of notification | ||||||
19 | to the Department under Section 26 of this Act of such
| ||||||
20 | settlement or final judgment in which to investigate and | ||||||
21 | commence formal
disciplinary proceedings under Section 24 of | ||||||
22 | this Act, except as otherwise
provided by law.
The
time during | ||||||
23 | which the holder of the license was outside the State of | ||||||
24 | Illinois
shall not be included within any period of time | ||||||
25 | limiting the commencement of
disciplinary action by the | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | In enforcing this Section, the Department or Board upon a | ||||||
2 | showing of a
possible
violation may compel an individual | ||||||
3 | licensed to practice under this Act, or
who has applied for | ||||||
4 | licensure under this Act, to submit
to a mental or physical | ||||||
5 | examination, or both, as required by and at the expense
of the | ||||||
6 | Department. The Department or Board may order the examining | ||||||
7 | physician to
present
testimony concerning the mental or | ||||||
8 | physical examination of the licensee or
applicant. No | ||||||
9 | information shall be excluded by reason of any common law or
| ||||||
10 | statutory privilege relating to communications between the | ||||||
11 | licensee or
applicant and the examining physician. The | ||||||
12 | examining
physicians
shall be specifically designated by the | ||||||
13 | Board or Department.
The individual to be examined may have, at | ||||||
14 | his or her own expense, another
physician of his or her choice | ||||||
15 | present during all
aspects of this examination. Failure of an | ||||||
16 | individual to submit to a mental
or
physical examination, when | ||||||
17 | directed, shall be grounds for suspension of his or
her
license | ||||||
18 | until the individual submits to the examination if the | ||||||
19 | Department
finds,
after notice and hearing, that the refusal to | ||||||
20 | submit to the examination was
without reasonable cause.
| ||||||
21 | If the Department or Board finds an individual unable to | ||||||
22 | practice because of
the
reasons
set forth in this Section, the | ||||||
23 | Department or Board may require that individual
to submit
to
| ||||||
24 | care, counseling, or treatment by physicians approved
or | ||||||
25 | designated by the Department or Board, as a condition, term, or | ||||||
26 | restriction
for continued,
reinstated, or
renewed licensure to |
| |||||||
| |||||||
1 | practice; or, in lieu of care, counseling, or treatment,
the | ||||||
2 | Department may file, or
the Board may recommend to the | ||||||
3 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
4 | or otherwise discipline the license of the individual.
An | ||||||
5 | individual whose
license was granted, continued, reinstated, | ||||||
6 | renewed, disciplined or supervised
subject to such terms, | ||||||
7 | conditions, or restrictions, and who fails to comply
with
such | ||||||
8 | terms, conditions, or restrictions, shall be referred to the | ||||||
9 | Director for
a
determination as to whether the individual shall | ||||||
10 | have his or her license
suspended immediately, pending a | ||||||
11 | hearing by the Department.
| ||||||
12 | In instances in which the Director immediately suspends a | ||||||
13 | person's license
under this Section, a hearing on that person's | ||||||
14 | license must be convened by
the Department within 15 days after | ||||||
15 | the suspension and completed without
appreciable
delay.
The | ||||||
16 | Department and Board shall have the authority to review the | ||||||
17 | subject
individual's record of
treatment and counseling | ||||||
18 | regarding the impairment to the extent permitted by
applicable | ||||||
19 | federal statutes and regulations safeguarding the | ||||||
20 | confidentiality of
medical records.
| ||||||
21 | An individual licensed under this Act and affected under | ||||||
22 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
23 | the Department or Board that he or
she can resume
practice in | ||||||
24 | compliance with acceptable and prevailing standards under the
| ||||||
25 | provisions of his or her license.
| ||||||
26 | (Source: P.A. 89-507, eff. 7-1-97; 90-76, eff. 12-30-97; |
| |||||||
| |||||||
1 | revised 12-15-05.)
|