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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Medical Practice Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 22 as follows:
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6 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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7 | (Section scheduled to be repealed on December 31, 2008)
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8 | Sec. 22. Disciplinary action.
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9 | (A) The The Department may revoke, suspend, place on | |||||||||||||||||||
10 | probationary
status, refuse to renew, or take any other | |||||||||||||||||||
11 | disciplinary action as the Department may deem proper
with | |||||||||||||||||||
12 | regard to the license or visiting professor permit of any | |||||||||||||||||||
13 | person issued
under this Act to practice medicine, or to treat | |||||||||||||||||||
14 | human ailments without the use
of drugs and without operative | |||||||||||||||||||
15 | surgery upon any of the following grounds:
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16 | (1) Performance of an elective abortion in any place, | |||||||||||||||||||
17 | locale,
facility, or
institution other than:
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18 | (a) a facility licensed pursuant to the Ambulatory | |||||||||||||||||||
19 | Surgical Treatment
Center Act;
| |||||||||||||||||||
20 | (b) an institution licensed under the Hospital | |||||||||||||||||||
21 | Licensing Act; or
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22 | (c) an ambulatory surgical treatment center or | |||||||||||||||||||
23 | hospitalization or care
facility maintained by the |
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| |||||||
1 | State or any agency thereof, where such department
or | ||||||
2 | agency has authority under law to establish and enforce | ||||||
3 | standards for the
ambulatory surgical treatment | ||||||
4 | centers, hospitalization, or care facilities
under its | ||||||
5 | management and control; or
| ||||||
6 | (d) ambulatory surgical treatment centers, | ||||||
7 | hospitalization or care
facilities maintained by the | ||||||
8 | Federal Government; or
| ||||||
9 | (e) ambulatory surgical treatment centers, | ||||||
10 | hospitalization or care
facilities maintained by any | ||||||
11 | university or college established under the laws
of | ||||||
12 | this State and supported principally by public funds | ||||||
13 | raised by
taxation.
| ||||||
14 | (2) Performance of an abortion procedure in a wilful | ||||||
15 | and wanton
manner on a
woman who was not pregnant at the | ||||||
16 | time the abortion procedure was
performed.
| ||||||
17 | (3) The conviction of a felony in this or any other
| ||||||
18 | jurisdiction, except as
otherwise provided in subsection B | ||||||
19 | of this Section, whether or not related to
practice under | ||||||
20 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
21 | to a
felony charge.
| ||||||
22 | (4) Gross negligence in practice under this Act.
| ||||||
23 | (5) Engaging in dishonorable, unethical or | ||||||
24 | unprofessional
conduct of a
character likely to deceive, | ||||||
25 | defraud or harm the public.
| ||||||
26 | (6) Obtaining any fee by fraud, deceit, or
|
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| |||||||
1 | misrepresentation.
| ||||||
2 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
3 | in law
as
controlled substances, of alcohol, or of any | ||||||
4 | other substances which results in
the inability to practice | ||||||
5 | with reasonable judgment, skill or safety.
| ||||||
6 | (8) Practicing under a false or, except as provided by | ||||||
7 | law, an
assumed
name.
| ||||||
8 | (9) Fraud or misrepresentation in applying for, or | ||||||
9 | procuring, a
license
under this Act or in connection with | ||||||
10 | applying for renewal of a license under
this Act.
| ||||||
11 | (10) Making a false or misleading statement regarding | ||||||
12 | their
skill or the
efficacy or value of the medicine, | ||||||
13 | treatment, or remedy prescribed by them at
their direction | ||||||
14 | in the treatment of any disease or other condition of the | ||||||
15 | body
or mind.
| ||||||
16 | (11) Allowing another person or organization to use | ||||||
17 | their
license, procured
under this Act, to practice.
| ||||||
18 | (12) Disciplinary action of another state or | ||||||
19 | jurisdiction
against a license
or other authorization to | ||||||
20 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
21 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
22 | certified copy of the record of the action taken by
the | ||||||
23 | other state or jurisdiction being prima facie evidence | ||||||
24 | thereof.
| ||||||
25 | (13) Violation of any provision of this Act or of the | ||||||
26 | Medical
Practice Act
prior to the repeal of that Act, or |
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| |||||||
1 | violation of the rules, or a final
administrative action of | ||||||
2 | the Secretary, after consideration of the
recommendation | ||||||
3 | of the Disciplinary Board.
| ||||||
4 | (14) Dividing with anyone other than physicians with | ||||||
5 | whom the
licensee
practices in a partnership, Professional | ||||||
6 | Association, limited liability
company, or Medical or | ||||||
7 | Professional
Corporation any fee, commission, rebate or | ||||||
8 | other form of compensation for any
professional services | ||||||
9 | not actually and personally rendered. Nothing contained
in | ||||||
10 | this subsection prohibits persons holding valid and | ||||||
11 | current licenses under
this Act from practicing medicine in | ||||||
12 | partnership under a partnership
agreement, including a | ||||||
13 | limited liability partnership, in a limited liability
| ||||||
14 | company under the Limited Liability Company Act, in a | ||||||
15 | corporation authorized by
the Medical Corporation Act, as | ||||||
16 | an
association authorized by the Professional Association | ||||||
17 | Act, or in a
corporation under the
Professional Corporation | ||||||
18 | Act or from pooling, sharing, dividing or
apportioning the | ||||||
19 | fees and monies received by them or by the partnership,
| ||||||
20 | corporation or association in accordance with the | ||||||
21 | partnership agreement or the
policies of the Board of | ||||||
22 | Directors of the corporation or association. Nothing
| ||||||
23 | contained in this subsection prohibits 2 or more | ||||||
24 | corporations authorized by the
Medical Corporation Act, | ||||||
25 | from forming a partnership or joint venture of such
| ||||||
26 | corporations, and providing medical, surgical and |
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| |||||||
1 | scientific research and
knowledge by employees of these | ||||||
2 | corporations if such employees are licensed
under this Act, | ||||||
3 | or from pooling, sharing, dividing, or apportioning the | ||||||
4 | fees
and monies received by the partnership or joint | ||||||
5 | venture in accordance with the
partnership or joint venture | ||||||
6 | agreement. Nothing contained in this subsection
shall | ||||||
7 | abrogate the right of 2 or more persons, holding valid and | ||||||
8 | current
licenses under this Act, to each receive adequate | ||||||
9 | compensation for concurrently
rendering professional | ||||||
10 | services to a patient and divide a fee; provided, the
| ||||||
11 | patient has full knowledge of the division, and, provided, | ||||||
12 | that the division is
made in proportion to the services | ||||||
13 | performed and responsibility assumed by
each.
| ||||||
14 | (15) A finding by the Medical Disciplinary Board that | ||||||
15 | the
registrant after
having his or her license placed on | ||||||
16 | probationary status or subjected to
conditions or | ||||||
17 | restrictions violated the terms of the probation or failed | ||||||
18 | to
comply with such terms or conditions.
| ||||||
19 | (16) Abandonment of a patient.
| ||||||
20 | (17) Prescribing, selling, administering, | ||||||
21 | distributing, giving
or
self-administering any drug | ||||||
22 | classified as a controlled substance (designated
product) | ||||||
23 | or narcotic for other than medically accepted therapeutic
| ||||||
24 | purposes.
| ||||||
25 | (18) Promotion of the sale of drugs, devices, | ||||||
26 | appliances or
goods provided
for a patient in such manner |
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| |||||||
1 | as to exploit the patient for financial gain of
the | ||||||
2 | physician.
| ||||||
3 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
4 | disease by a secret
method, procedure, treatment or | ||||||
5 | medicine, or the treating, operating or
prescribing for any | ||||||
6 | human condition by a method, means or procedure which the
| ||||||
7 | licensee refuses to divulge upon demand of the Department.
| ||||||
8 | (20) Immoral conduct in the commission of any act | ||||||
9 | including,
but not limited to, commission of an act of | ||||||
10 | sexual misconduct related to the
licensee's
practice.
| ||||||
11 | (21) Wilfully making or filing false records or reports | ||||||
12 | in his
or her
practice as a physician, including, but not | ||||||
13 | limited to, false records to
support claims against the | ||||||
14 | medical assistance program of the Department of Healthcare | ||||||
15 | and Family Services (formerly Department of
Public Aid)
| ||||||
16 | under the Illinois Public Aid Code.
| ||||||
17 | (22) Wilful omission to file or record, or wilfully | ||||||
18 | impeding
the filing or
recording, or inducing another | ||||||
19 | person to omit to file or record, medical
reports as | ||||||
20 | required by law, or wilfully failing to report an instance | ||||||
21 | of
suspected abuse or neglect as required by law.
| ||||||
22 | (23) Being named as a perpetrator in an indicated | ||||||
23 | report by
the Department
of Children and Family Services | ||||||
24 | under the Abused and Neglected Child Reporting
Act, and | ||||||
25 | upon proof by clear and convincing evidence that the | ||||||
26 | licensee has
caused a child to be an abused child or |
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| |||||||
1 | neglected child as defined in the
Abused and Neglected | ||||||
2 | Child Reporting Act.
| ||||||
3 | (24) Solicitation of professional patronage by any
| ||||||
4 | corporation, agents or
persons, or profiting from those | ||||||
5 | representing themselves to be agents of the
licensee.
| ||||||
6 | (25) Gross and wilful and continued overcharging for
| ||||||
7 | professional services,
including filing false statements | ||||||
8 | for collection of fees for which services are
not rendered, | ||||||
9 | including, but not limited to, filing such false statements | ||||||
10 | for
collection of monies for services not rendered from the | ||||||
11 | medical assistance
program of the Department of Healthcare | ||||||
12 | and Family Services (formerly Department of Public Aid)
| ||||||
13 | under the Illinois Public Aid
Code.
| ||||||
14 | (26) A pattern of practice or other behavior which
| ||||||
15 | demonstrates
incapacity
or incompetence to practice under | ||||||
16 | this Act.
| ||||||
17 | (27) Mental illness or disability which results in the
| ||||||
18 | inability to
practice under this Act with reasonable | ||||||
19 | judgment, skill or safety.
| ||||||
20 | (28) Physical illness, including, but not limited to,
| ||||||
21 | deterioration through
the aging process, or loss of motor | ||||||
22 | skill which results in a physician's
inability to practice | ||||||
23 | under this Act with reasonable judgment, skill or
safety.
| ||||||
24 | (29) Cheating on or attempt to subvert the licensing
| ||||||
25 | examinations
administered under this Act.
| ||||||
26 | (30) Wilfully or negligently violating the |
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| |||||||
1 | confidentiality
between
physician and patient except as | ||||||
2 | required by law.
| ||||||
3 | (31) The use of any false, fraudulent, or deceptive | ||||||
4 | statement
in any
document connected with practice under | ||||||
5 | this Act.
| ||||||
6 | (32) Aiding and abetting an individual not licensed | ||||||
7 | under this
Act in the
practice of a profession licensed | ||||||
8 | under this Act.
| ||||||
9 | (33) Violating state or federal laws or regulations | ||||||
10 | relating
to controlled
substances, legend
drugs, or | ||||||
11 | ephedra, as defined in the Ephedra Prohibition Act.
| ||||||
12 | (34) Failure to report to the Department any adverse | ||||||
13 | final
action taken
against them by another licensing | ||||||
14 | jurisdiction (any other state or any
territory of the | ||||||
15 | United States or any foreign state or country), by any peer
| ||||||
16 | review body, by any health care institution, by any | ||||||
17 | professional society or
association related to practice | ||||||
18 | under this Act, by any governmental agency, by
any law | ||||||
19 | enforcement agency, or by any court for acts or conduct | ||||||
20 | similar to acts
or conduct which would constitute grounds | ||||||
21 | for action as defined in this
Section.
| ||||||
22 | (35) Failure to report to the Department surrender of a
| ||||||
23 | license or
authorization to practice as a medical doctor, a | ||||||
24 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
25 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
26 | surrender of membership on
any medical staff or in any |
| |||||||
| |||||||
1 | medical or professional association or society,
while | ||||||
2 | under disciplinary investigation by any of those | ||||||
3 | authorities or bodies,
for acts or conduct similar to acts | ||||||
4 | or conduct which would constitute grounds
for action as | ||||||
5 | defined in this Section.
| ||||||
6 | (36) Failure to report to the Department any adverse | ||||||
7 | judgment,
settlement,
or award arising from a liability | ||||||
8 | claim related to acts or conduct similar to
acts or conduct | ||||||
9 | which would constitute grounds for action as defined in | ||||||
10 | this
Section.
| ||||||
11 | (37) Failure to transfer copies of medical records as | ||||||
12 | required
by law.
| ||||||
13 | (38) Failure to furnish the Department, its | ||||||
14 | investigators or
representatives, relevant information, | ||||||
15 | legally requested by the Department
after consultation | ||||||
16 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
17 | Coordinator.
| ||||||
18 | (39) Violating the Health Care Worker Self-Referral
| ||||||
19 | Act.
| ||||||
20 | (40) Willful failure to provide notice when notice is | ||||||
21 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
22 | (41) Failure to establish and maintain records of | ||||||
23 | patient care and
treatment as required by this law.
| ||||||
24 | (42) Entering into an excessive number of written | ||||||
25 | collaborative
agreements with licensed advanced practice | ||||||
26 | nurses resulting in an inability to
adequately collaborate |
| |||||||
| |||||||
1 | and provide medical direction.
| ||||||
2 | (43) Repeated failure to adequately collaborate with | ||||||
3 | or provide medical
direction to a licensed advanced | ||||||
4 | practice nurse.
| ||||||
5 | Except
for actions involving the ground numbered (26), all | ||||||
6 | proceedings to suspend,
revoke, place on probationary status, | ||||||
7 | or take any
other disciplinary action as the Department may | ||||||
8 | deem proper, with regard to a
license on any of the foregoing | ||||||
9 | grounds, must be commenced within 5 years next
after receipt by | ||||||
10 | the Department of a complaint alleging the commission of or
| ||||||
11 | notice of the conviction order for any of the acts described | ||||||
12 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
13 | (29), no action shall be commenced more
than 10 years after the | ||||||
14 | date of the incident or act alleged to have violated
this | ||||||
15 | Section. For actions involving the ground numbered (26), a | ||||||
16 | pattern of practice or other behavior includes all incidents | ||||||
17 | alleged to be part of the pattern of practice or other behavior | ||||||
18 | that occurred or a report pursuant to Section 23 of this Act | ||||||
19 | received within the 10-year period preceding the filing of the | ||||||
20 | complaint. In the event of the settlement of any claim or cause | ||||||
21 | of action
in favor of the claimant or the reduction to final | ||||||
22 | judgment of any civil action
in favor of the plaintiff, such | ||||||
23 | claim, cause of action or civil action being
grounded on the | ||||||
24 | allegation that a person licensed under this Act was negligent
| ||||||
25 | in providing care, the Department shall have an additional | ||||||
26 | period of 2 years
from the date of notification to the |
| |||||||
| |||||||
1 | Department under Section 23 of this Act
of such settlement or | ||||||
2 | final judgment in which to investigate and
commence formal | ||||||
3 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
4 | as otherwise provided by law. The time during which the holder | ||||||
5 | of the license
was outside the State of Illinois shall not be | ||||||
6 | included within any period of
time limiting the commencement of | ||||||
7 | disciplinary action by the Department.
| ||||||
8 | The entry of an order or judgment by any circuit court | ||||||
9 | establishing that any
person holding a license under this Act | ||||||
10 | is a person in need of mental treatment
operates as a | ||||||
11 | suspension of that license. That person may resume their
| ||||||
12 | practice only upon the entry of a Departmental order based upon | ||||||
13 | a finding by
the Medical Disciplinary Board that they have been | ||||||
14 | determined to be recovered
from mental illness by the court and | ||||||
15 | upon the Disciplinary Board's
recommendation that they be | ||||||
16 | permitted to resume their practice.
| ||||||
17 | The Department may refuse to issue or take disciplinary | ||||||
18 | action concerning the license of any person
who fails to file a | ||||||
19 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
20 | return, or to pay any final assessment of tax, penalty or | ||||||
21 | interest, as
required by any tax Act administered by the | ||||||
22 | Illinois Department of Revenue,
until such time as the | ||||||
23 | requirements of any such tax Act are satisfied as
determined by | ||||||
24 | the Illinois Department of Revenue.
| ||||||
25 | The Department, upon the recommendation of the | ||||||
26 | Disciplinary Board, shall
adopt rules which set forth standards |
| |||||||
| |||||||
1 | to be used in determining:
| ||||||
2 | (a) when a person will be deemed sufficiently | ||||||
3 | rehabilitated to warrant the
public trust;
| ||||||
4 | (b) what constitutes dishonorable, unethical or | ||||||
5 | unprofessional conduct of
a character likely to deceive, | ||||||
6 | defraud, or harm the public;
| ||||||
7 | (c) what constitutes immoral conduct in the commission | ||||||
8 | of any act,
including, but not limited to, commission of an | ||||||
9 | act of sexual misconduct
related
to the licensee's | ||||||
10 | practice; and
| ||||||
11 | (d) what constitutes gross negligence in the practice | ||||||
12 | of medicine.
| ||||||
13 | However, no such rule shall be admissible into evidence in | ||||||
14 | any civil action
except for review of a licensing or other | ||||||
15 | disciplinary action under this Act.
| ||||||
16 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
17 | upon a showing of a possible violation, may compel any | ||||||
18 | individual licensed to
practice under this Act, or who has | ||||||
19 | applied for licensure or a permit
pursuant to this Act, to | ||||||
20 | submit to a mental or physical examination, or both,
as | ||||||
21 | required by and at the expense of the Department. The examining | ||||||
22 | physician
or physicians shall be those specifically designated | ||||||
23 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
24 | the Department may order the examining
physician to present | ||||||
25 | testimony concerning this mental or physical examination
of the | ||||||
26 | licensee or applicant. No information shall be excluded by |
| |||||||
| |||||||
1 | reason of
any common
law or statutory privilege relating to | ||||||
2 | communication between the licensee or
applicant and
the | ||||||
3 | examining physician.
The individual to be examined may have, at | ||||||
4 | his or her own expense, another
physician of his or her choice | ||||||
5 | present during all aspects of the examination.
Failure of any | ||||||
6 | individual to submit to mental or physical examination, when
| ||||||
7 | directed, shall be grounds for suspension of his or her license | ||||||
8 | until such time
as the individual submits to the examination if | ||||||
9 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
10 | the refusal to submit to the examination was
without reasonable | ||||||
11 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
12 | practice because of the reasons set forth in this Section, the | ||||||
13 | Disciplinary
Board shall require such physician to submit to | ||||||
14 | care, counseling, or treatment
by physicians approved or | ||||||
15 | designated by the Disciplinary Board, as a condition
for | ||||||
16 | continued, reinstated, or renewed licensure to practice. Any | ||||||
17 | physician,
whose license was granted pursuant to Sections 9, | ||||||
18 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
19 | disciplined or supervised, subject to such
terms, conditions or | ||||||
20 | restrictions who shall fail to comply with such terms,
| ||||||
21 | conditions or restrictions, or to complete a required program | ||||||
22 | of care,
counseling, or treatment, as determined by the Chief | ||||||
23 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
24 | referred to the Secretary for a
determination as to whether the | ||||||
25 | licensee shall have their license suspended
immediately, | ||||||
26 | pending a hearing by the Disciplinary Board. In instances in
|
| |||||||
| |||||||
1 | which the Secretary immediately suspends a license under this | ||||||
2 | Section, a hearing
upon such person's license must be convened | ||||||
3 | by the Disciplinary Board within 15
days after such suspension | ||||||
4 | and completed without appreciable delay. The
Disciplinary | ||||||
5 | Board shall have the authority to review the subject | ||||||
6 | physician's
record of treatment and counseling regarding the | ||||||
7 | impairment, to the extent
permitted by applicable federal | ||||||
8 | statutes and regulations safeguarding the
confidentiality of | ||||||
9 | medical records.
| ||||||
10 | An individual licensed under this Act, affected under this | ||||||
11 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
12 | Disciplinary Board that they can
resume practice in compliance | ||||||
13 | with acceptable and prevailing standards under
the provisions | ||||||
14 | of their license.
| ||||||
15 | The Department may promulgate rules for the imposition of | ||||||
16 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
17 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
18 | other forms of disciplinary action, but
shall not be the | ||||||
19 | exclusive disposition of any disciplinary action arising out
of | ||||||
20 | conduct resulting in death or injury to a patient. Any funds | ||||||
21 | collected from
such fines shall be deposited in the Medical | ||||||
22 | Disciplinary Fund.
| ||||||
23 | (B) The Department shall revoke the license or visiting
| ||||||
24 | permit of any person issued under this Act to practice medicine | ||||||
25 | or to treat
human ailments without the use of drugs and without | ||||||
26 | operative surgery, who
has been convicted a second time of |
| |||||||
| |||||||
1 | committing any felony under the
Illinois Controlled Substances | ||||||
2 | Act or the Methamphetamine Control and Community Protection | ||||||
3 | Act, or who has been convicted a second time of
committing a | ||||||
4 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
5 | Public
Aid Code. A person whose license or visiting permit is | ||||||
6 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
7 | be prohibited from practicing
medicine or treating human | ||||||
8 | ailments without the use of drugs and without
operative | ||||||
9 | surgery.
| ||||||
10 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
11 | Department civil
penalties and any other appropriate | ||||||
12 | discipline in disciplinary cases when the
Board finds that a | ||||||
13 | physician willfully performed an abortion with actual
| ||||||
14 | knowledge that the person upon whom the abortion has been | ||||||
15 | performed is a minor
or an incompetent person without notice as | ||||||
16 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
17 | Upon the Board's recommendation, the Department shall
impose, | ||||||
18 | for the first violation, a civil penalty of $1,000 and for a | ||||||
19 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
20 | (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; | ||||||
21 | 95-331, eff. 8-21-07.)
|