Rep. Karen May
Filed: 3/22/2007
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1 | AMENDMENT TO HOUSE BILL 691
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2 | AMENDMENT NO. ______. Amend House Bill 691, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 3, on page 3, line 15, by deleting "and"; and
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5 | on page 3, line 17, by replacing "appointment." with | ||||||
6 | "appointment; and"; and | ||||||
7 | on page 3, immediately below line 17, by inserting the | ||||||
8 | following: | ||||||
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."; and | ||||||
13 | on page 37, immediately below line 15, by inserting the | ||||||
14 | following: |
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1 | "Section 110. The Physician Assistant Practice Act of 1987 | ||||||
2 | is amended by changing Section 21 as follows:
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3 | (225 ILCS 95/21) (from Ch. 111, par. 4621)
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4 | (Section scheduled to be repealed on January 1, 2008)
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5 | Sec. 21. Grounds for disciplinary action.
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6 | (a) The Department may refuse to issue or to renew, or may
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7 | revoke, suspend, place on probation, censure or reprimand, or | ||||||
8 | take other
disciplinary action with regard to any license | ||||||
9 | issued under this Act as the
Department may deem proper, | ||||||
10 | including the issuance of fines not to exceed
$5000 for each | ||||||
11 | violation, for any one or combination of the following causes:
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12 | (1) Material misstatement in furnishing information to | ||||||
13 | the Department.
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14 | (2) Violations of this Act, or the rules adopted under | ||||||
15 | this Act.
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16 | (3) Conviction of any crime under the laws of any U.S. | ||||||
17 | jurisdiction that
is a felony or that is a misdemeanor, an | ||||||
18 | essential element of which is
dishonesty, or of any crime | ||||||
19 | which is directly related to the practice of the
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20 | profession.
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21 | (4) Making any misrepresentation for the purpose of | ||||||
22 | obtaining licenses.
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23 | (5) Professional incompetence.
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24 | (6) Aiding or assisting another person in violating any | ||||||
25 | provision of this
Act or its rules.
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1 | (7) Failing, within 60 days, to provide information in | ||||||
2 | response to a
written request made by the Department.
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3 | (8) Engaging in dishonorable, unethical, or | ||||||
4 | unprofessional conduct, as
defined by rule, of a character | ||||||
5 | likely to deceive, defraud, or harm the public.
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6 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
7 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
8 | that results in a physician
assistant's inability to | ||||||
9 | practice with reasonable judgment, skill, or safety.
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10 | (10) Discipline by another U.S. jurisdiction or | ||||||
11 | foreign nation, if at
least one of the grounds for | ||||||
12 | discipline is the same or substantially equivalent
to those | ||||||
13 | set forth in this Section.
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14 | (11) Directly or indirectly giving to or receiving from | ||||||
15 | any person, firm,
corporation, partnership, or association | ||||||
16 | any fee, commission, rebate or
other form of compensation | ||||||
17 | for any professional services not actually or
personally | ||||||
18 | rendered.
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19 | (12) A finding by the Disciplinary Board that the | ||||||
20 | licensee, after having
his or her license placed on | ||||||
21 | probationary status has violated the terms of
probation.
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22 | (13) Abandonment of a patient.
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23 | (14) Willfully making or filing false records or | ||||||
24 | reports in his or her
practice, including but not limited | ||||||
25 | to false records filed with state agencies
or departments.
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26 | (15) Willfully failing to report an instance of |
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1 | suspected child abuse or
neglect as required by the Abused | ||||||
2 | and Neglected Child Reporting Act.
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3 | (16) Physical illness, including but not limited to | ||||||
4 | deterioration
through the aging process, or loss of motor | ||||||
5 | skill, mental illness, or
disability that results in the | ||||||
6 | inability to practice the profession with
reasonable | ||||||
7 | judgment, skill or safety.
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8 | (17) Being named as a perpetrator in an indicated | ||||||
9 | report by the
Department of Children and Family Services | ||||||
10 | under the Abused and
Neglected Child Reporting Act, and | ||||||
11 | upon proof by clear and convincing evidence
that the | ||||||
12 | licensee has caused a child to be an abused child or | ||||||
13 | neglected child
as defined in the Abused and Neglected | ||||||
14 | Child Reporting Act.
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15 | (18) Conviction in this State or another state of any | ||||||
16 | crime that is a
felony under the laws of this State, or | ||||||
17 | conviction of a felony in a federal
court.
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18 | (19) Gross malpractice resulting in permanent injury | ||||||
19 | or death
of a patient.
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20 | (20) Employment of fraud, deception or any unlawful | ||||||
21 | means in applying for
or securing a license as a physician | ||||||
22 | assistant.
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23 | (21) Exceeding the authority delegated to him or her by | ||||||
24 | his or her
supervising physician in guidelines established | ||||||
25 | by the physician/physician
assistant
team.
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26 | (22) Immoral conduct in the commission of any act, such |
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1 | as sexual abuse,
sexual misconduct or sexual exploitation | ||||||
2 | related to the licensee's practice.
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3 | (23) Violation of the Health Care Worker Self-Referral | ||||||
4 | Act.
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5 | (24) Practicing under a false or assumed name, except | ||||||
6 | as provided by law.
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7 | (25) Making a false or misleading statement regarding | ||||||
8 | his or her skill or
the efficacy or value of the medicine, | ||||||
9 | treatment, or remedy prescribed by him
or her in the course | ||||||
10 | of treatment.
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11 | (26) Allowing another person to use his or her license | ||||||
12 | to practice.
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13 | (27) Prescribing, selling, administering, | ||||||
14 | distributing, giving, or
self-administering a drug | ||||||
15 | classified as a controlled substance (designated
product) | ||||||
16 | or narcotic for other than medically-accepted therapeutic | ||||||
17 | purposes.
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18 | (28) Promotion of the sale of drugs, devices, | ||||||
19 | appliances, or goods
provided for a patient in a manner to | ||||||
20 | exploit the patient for financial gain.
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21 | (29) A pattern of practice or other behavior that | ||||||
22 | demonstrates incapacity
or incompetence to practice under | ||||||
23 | this Act.
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24 | (30) Violating State or federal laws or regulations | ||||||
25 | relating to controlled
substances.
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26 | (31) Exceeding the limited prescriptive authority |
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1 | delegated by the
supervising physician or violating the | ||||||
2 | written guidelines delegating that
authority.
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3 | (32) Practicing without providing to the Department a | ||||||
4 | notice of
supervision or delegation of
prescriptive | ||||||
5 | authority.
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6 | (33) Violating any provision of the Internet | ||||||
7 | Prescribing Prohibition Act.
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8 | (b) The Department may refuse to issue or may suspend the | ||||||
9 | license of any
person who fails to file a return, or to pay the | ||||||
10 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
11 | final assessment of the tax,
penalty, or interest as required | ||||||
12 | by any tax Act administered by the
Illinois Department of | ||||||
13 | Revenue, until such time as the requirements of any
such tax | ||||||
14 | Act are satisfied.
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15 | (c) The determination by a circuit court that a licensee is | ||||||
16 | subject to
involuntary admission or judicial admission as | ||||||
17 | provided in the Mental Health
and Developmental Disabilities | ||||||
18 | Code operates as an automatic suspension.
The
suspension will | ||||||
19 | end only upon a finding by a court that the patient is no
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20 | longer subject to involuntary admission or judicial admission | ||||||
21 | and issues an
order so finding and discharging the patient, and | ||||||
22 | upon the
recommendation of
the Disciplinary Board to the | ||||||
23 | Director that the licensee be allowed to resume
his or her | ||||||
24 | practice.
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25 | (d) In enforcing this Section, the Department upon a | ||||||
26 | showing of a
possible
violation may compel an individual |
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1 | licensed to practice under this Act, or
who has applied for | ||||||
2 | licensure under this Act, to submit
to a mental or physical | ||||||
3 | examination, or both, as required by and at the expense
of the | ||||||
4 | Department. The Department may order the examining physician to
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5 | present
testimony concerning the mental or physical | ||||||
6 | examination of the licensee or
applicant. No information shall | ||||||
7 | be excluded by reason of any common law or
statutory privilege | ||||||
8 | relating to communications between the licensee or
applicant | ||||||
9 | and the examining physician. The examining
physicians
shall be | ||||||
10 | specifically designated by the Department.
The individual to be | ||||||
11 | examined may have, at his or her own expense, another
physician | ||||||
12 | of his or her choice present during all
aspects of this | ||||||
13 | examination. Failure of an individual to submit to a mental
or
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14 | physical examination, when directed, shall be grounds for | ||||||
15 | suspension of his or
her
license until the individual submits | ||||||
16 | to the examination if the Department
finds,
after notice and | ||||||
17 | hearing, that the refusal to submit to the examination was
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18 | without reasonable cause.
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19 | If the Department finds an individual unable to practice | ||||||
20 | because of
the
reasons
set forth in this Section, the | ||||||
21 | Department may require that individual
to submit
to
care, | ||||||
22 | counseling, or treatment by physicians approved
or designated | ||||||
23 | by the Department, as a condition, term, or restriction
for | ||||||
24 | continued,
reinstated, or
renewed licensure to practice; or, in | ||||||
25 | lieu of care, counseling, or treatment,
the Department may file
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26 | a complaint to immediately
suspend, revoke, or otherwise |
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1 | discipline the license of the individual.
An individual whose
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2 | license was granted, continued, reinstated, renewed, | ||||||
3 | disciplined, or supervised
subject to such terms, conditions, | ||||||
4 | or restrictions, and who fails to comply
with
such terms, | ||||||
5 | conditions, or restrictions, shall be referred to the Director | ||||||
6 | for
a
determination as to whether the individual shall have his | ||||||
7 | or her license
suspended immediately, pending a hearing by the | ||||||
8 | Department.
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9 | In instances in which the Director immediately suspends a | ||||||
10 | person's license
under this Section, a hearing on that person's | ||||||
11 | license must be convened by
the Department within 15 days after | ||||||
12 | the suspension and completed without
appreciable
delay.
The | ||||||
13 | Department shall have the authority to review the subject
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14 | individual'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
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17 | medical records.
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18 | An individual licensed under this Act and affected under | ||||||
19 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
20 | the Department that he or
she can resume
practice in compliance | ||||||
21 | with acceptable and prevailing standards under the
provisions | ||||||
22 | of his or her license.
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23 | (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
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24 | 90-655, eff. 7-30-98.)"; and
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25 | on page 37, by deleting lines 16 through 24; and |
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1 | on page 38, by deleting lines 1 through 26; and | ||||||
2 | on page 39, by deleting lines 1 through 26; and | ||||||
3 | on page 40, by deleting lines 1 through 26; and | ||||||
4 | on page 41, by deleting lines 1 through 26; and | ||||||
5 | on page 42, by deleting lines 1 through 26; and | ||||||
6 | on page 43, by deleting lines 1 through 6.
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