100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5496

 

Introduced , by Rep. Reginald Phillips

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 60/22  from Ch. 111, par. 4400-22

    Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation may not refuse to renew, or take disciplinary action concerning, the license of any physician who continues prescribing previously prescribed medications to existing patients for 90 days after the expiration of his or her license if the physician's license is not timely renewed because of a clerical issue in the physician's renewal application. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Section 22 as follows:
 
6    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 22. Disciplinary action.
9    (A) The Department may revoke, suspend, place on probation,
10reprimand, refuse to issue or renew, or take any other
11disciplinary or non-disciplinary action as the Department may
12deem proper with regard to the license or permit of any person
13issued under this Act, including imposing fines not to exceed
14$10,000 for each violation, upon any of the following grounds:
15        (1) Performance of an elective abortion in any place,
16    locale, facility, or institution other than:
17            (a) a facility licensed pursuant to the Ambulatory
18        Surgical Treatment Center Act;
19            (b) an institution licensed under the Hospital
20        Licensing Act;
21            (c) an ambulatory surgical treatment center or
22        hospitalization or care facility maintained by the
23        State or any agency thereof, where such department or

 

 

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1        agency has authority under law to establish and enforce
2        standards for the ambulatory surgical treatment
3        centers, hospitalization, or care facilities under its
4        management and control;
5            (d) ambulatory surgical treatment centers,
6        hospitalization or care facilities maintained by the
7        Federal Government; or
8            (e) ambulatory surgical treatment centers,
9        hospitalization or care facilities maintained by any
10        university or college established under the laws of
11        this State and supported principally by public funds
12        raised by taxation.
13        (2) Performance of an abortion procedure in a willful
14    and wanton manner on a woman who was not pregnant at the
15    time the abortion procedure was performed.
16        (3) A plea of guilty or nolo contendere, finding of
17    guilt, jury verdict, or entry of judgment or sentencing,
18    including, but not limited to, convictions, preceding
19    sentences of supervision, conditional discharge, or first
20    offender probation, under the laws of any jurisdiction of
21    the United States of any crime that is a felony.
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) Adverse action taken by 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. This includes any adverse action taken by a State
25    or federal agency that prohibits a medical doctor, doctor
26    of osteopathy, doctor of osteopathic medicine, or doctor of

 

 

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1    chiropractic from providing services to the agency's
2    participants.
3        (13) Violation of any provision of this Act or of the
4    Medical Practice Act prior to the repeal of that Act, or
5    violation of the rules, or a final administrative action of
6    the Secretary, after consideration of the recommendation
7    of the Disciplinary Board.
8        (14) Violation of the prohibition against fee
9    splitting in Section 22.2 of this Act.
10        (15) A finding by the Disciplinary Board that the
11    registrant after having his or her license placed on
12    probationary status or subjected to conditions or
13    restrictions violated the terms of the probation or failed
14    to comply with such terms or conditions.
15        (16) Abandonment of a patient.
16        (17) Prescribing, selling, administering,
17    distributing, giving or self-administering any drug
18    classified as a controlled substance (designated product)
19    or narcotic for other than medically accepted therapeutic
20    purposes.
21        (18) Promotion of the sale of drugs, devices,
22    appliances or goods provided for a patient in such manner
23    as to exploit the patient for financial gain of the
24    physician.
25        (19) Offering, undertaking or agreeing to cure or treat
26    disease by a secret method, procedure, treatment or

 

 

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1    medicine, or the treating, operating or prescribing for any
2    human condition by a method, means or procedure which the
3    licensee refuses to divulge upon demand of the Department.
4        (20) Immoral conduct in the commission of any act
5    including, but not limited to, commission of an act of
6    sexual misconduct related to the licensee's practice.
7        (21) Willfully making or filing false records or
8    reports in his or her practice as a physician, including,
9    but not limited to, false records to support claims against
10    the medical assistance program of the Department of
11    Healthcare and Family Services (formerly Department of
12    Public Aid) under the Illinois Public Aid Code.
13        (22) Willful omission to file or record, or willfully
14    impeding the filing or recording, or inducing another
15    person to omit to file or record, medical reports as
16    required by law, or willfully failing to report an instance
17    of suspected abuse or neglect as required by law.
18        (23) Being named as a perpetrator in an indicated
19    report by the Department of Children and Family Services
20    under the Abused and Neglected Child Reporting Act, and
21    upon proof by clear and convincing evidence that the
22    licensee has caused a child to be an abused child or
23    neglected child as defined in the Abused and Neglected
24    Child Reporting Act.
25        (24) Solicitation of professional patronage by any
26    corporation, agents or persons, or profiting from those

 

 

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1    representing themselves to be agents of the licensee.
2        (25) Gross and willful and continued overcharging for
3    professional services, including filing false statements
4    for collection of fees for which services are not rendered,
5    including, but not limited to, filing such false statements
6    for collection of monies for services not rendered from the
7    medical assistance program of the Department of Healthcare
8    and Family Services (formerly Department of Public Aid)
9    under the Illinois Public Aid Code.
10        (26) A pattern of practice or other behavior which
11    demonstrates incapacity or incompetence to practice under
12    this Act.
13        (27) Mental illness or disability which results in the
14    inability to practice under this Act with reasonable
15    judgment, skill or safety.
16        (28) Physical illness, including, but not limited to,
17    deterioration through the aging process, or loss of motor
18    skill which results in a physician's inability to practice
19    under this Act with reasonable judgment, skill or safety.
20        (29) Cheating on or attempt to subvert the licensing
21    examinations administered under this Act.
22        (30) Willfully or negligently violating the
23    confidentiality between physician and patient except as
24    required by law.
25        (31) The use of any false, fraudulent, or deceptive
26    statement in any document connected with practice under

 

 

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1    this Act.
2        (32) Aiding and abetting an individual not licensed
3    under this Act in the practice of a profession licensed
4    under this Act.
5        (33) Violating state or federal laws or regulations
6    relating to controlled substances, legend drugs, or
7    ephedra as defined in the Ephedra Prohibition Act.
8        (34) Failure to report to the Department any adverse
9    final action taken against them by another licensing
10    jurisdiction (any other state or any territory of the
11    United States or any foreign state or country), by any peer
12    review body, by any health care institution, by any
13    professional society or association related to practice
14    under this Act, by any governmental agency, by any law
15    enforcement agency, or by any court for acts or conduct
16    similar to acts or conduct which would constitute grounds
17    for action as defined in this Section.
18        (35) Failure to report to the Department surrender of a
19    license or authorization to practice as a medical doctor, a
20    doctor of osteopathy, a doctor of osteopathic medicine, or
21    doctor of chiropractic in another state or jurisdiction, or
22    surrender of membership on any medical staff or in any
23    medical or professional association or society, while
24    under disciplinary investigation by any of those
25    authorities or bodies, for acts or conduct similar to acts
26    or conduct which would constitute grounds for action as

 

 

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1    defined in this Section.
2        (36) Failure to report to the Department any adverse
3    judgment, settlement, or award arising from a liability
4    claim related to acts or conduct similar to acts or conduct
5    which would constitute grounds for action as defined in
6    this Section.
7        (37) Failure to provide copies of medical records as
8    required by law.
9        (38) Failure to furnish the Department, its
10    investigators or representatives, relevant information,
11    legally requested by the Department after consultation
12    with the Chief Medical Coordinator or the Deputy Medical
13    Coordinator.
14        (39) Violating the Health Care Worker Self-Referral
15    Act.
16        (40) Willful failure to provide notice when notice is
17    required under the Parental Notice of Abortion Act of 1995.
18        (41) Failure to establish and maintain records of
19    patient care and treatment as required by this law.
20        (42) Entering into an excessive number of written
21    collaborative agreements with licensed advanced practice
22    registered nurses resulting in an inability to adequately
23    collaborate.
24        (43) Repeated failure to adequately collaborate with a
25    licensed advanced practice registered nurse.
26        (44) Violating the Compassionate Use of Medical

 

 

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1    Cannabis Pilot Program Act.
2        (45) Entering into an excessive number of written
3    collaborative agreements with licensed prescribing
4    psychologists resulting in an inability to adequately
5    collaborate.
6        (46) Repeated failure to adequately collaborate with a
7    licensed prescribing psychologist.
8        (47) Willfully failing to report an instance of
9    suspected abuse, neglect, financial exploitation, or
10    self-neglect of an eligible adult as defined in and
11    required by the Adult Protective Services Act.
12        (48) Being named as an abuser in a verified report by
13    the Department on Aging under the Adult Protective Services
14    Act, and upon proof by clear and convincing evidence that
15    the licensee abused, neglected, or financially exploited
16    an eligible adult as defined in the Adult Protective
17    Services Act.
18    Except for actions involving the ground numbered (26), all
19proceedings to suspend, revoke, place on probationary status,
20or take any other disciplinary action as the Department may
21deem proper, with regard to a license on any of the foregoing
22grounds, must be commenced within 5 years next after receipt by
23the Department of a complaint alleging the commission of or
24notice of the conviction order for any of the acts described
25herein. Except for the grounds numbered (8), (9), (26), and
26(29), no action shall be commenced more than 10 years after the

 

 

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1date of the incident or act alleged to have violated this
2Section. For actions involving the ground numbered (26), a
3pattern of practice or other behavior includes all incidents
4alleged to be part of the pattern of practice or other behavior
5that occurred, or a report pursuant to Section 23 of this Act
6received, within the 10-year period preceding the filing of the
7complaint. In the event of the settlement of any claim or cause
8of action in favor of the claimant or the reduction to final
9judgment of any civil action in favor of the plaintiff, such
10claim, cause of action or civil action being grounded on the
11allegation that a person licensed under this Act was negligent
12in providing care, the Department shall have an additional
13period of 2 years from the date of notification to the
14Department under Section 23 of this Act of such settlement or
15final judgment in which to investigate and commence formal
16disciplinary proceedings under Section 36 of this Act, except
17as otherwise provided by law. The time during which the holder
18of the license was outside the State of Illinois shall not be
19included within any period of time limiting the commencement of
20disciplinary action by the Department.
21    The entry of an order or judgment by any circuit court
22establishing that any person holding a license under this Act
23is a person in need of mental treatment operates as a
24suspension of that license. That person may resume their
25practice only upon the entry of a Departmental order based upon
26a finding by the Disciplinary Board that they have been

 

 

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1determined to be recovered from mental illness by the court and
2upon the Disciplinary Board's recommendation that they be
3permitted to resume their practice.
4    The Department may refuse to issue or take disciplinary
5action concerning the license of any person who fails to file a
6return, or to pay the tax, penalty or interest shown in a filed
7return, or to pay any final assessment of tax, penalty or
8interest, as required by any tax Act administered by the
9Illinois Department of Revenue, until such time as the
10requirements of any such tax Act are satisfied as determined by
11the Illinois Department of Revenue.
12    The Department, upon the recommendation of the
13Disciplinary Board, shall adopt rules which set forth standards
14to be used in determining:
15        (a) when a person will be deemed sufficiently
16    rehabilitated to warrant the public trust;
17        (b) what constitutes dishonorable, unethical or
18    unprofessional conduct of a character likely to deceive,
19    defraud, or harm the public;
20        (c) what constitutes immoral conduct in the commission
21    of any act, including, but not limited to, commission of an
22    act of sexual misconduct related to the licensee's
23    practice; and
24        (d) what constitutes gross negligence in the practice
25    of medicine.
26    However, no such rule shall be admissible into evidence in

 

 

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1any civil action except for review of a licensing or other
2disciplinary action under this Act.
3    In enforcing this Section, the Disciplinary Board or the
4Licensing Board, upon a showing of a possible violation, may
5compel, in the case of the Disciplinary Board, any individual
6who is licensed to practice under this Act or holds a permit to
7practice under this Act, or, in the case of the Licensing
8Board, any individual who has applied for licensure or a permit
9pursuant to this Act, to submit to a mental or physical
10examination and evaluation, or both, which may include a
11substance abuse or sexual offender evaluation, as required by
12the Licensing Board or Disciplinary Board and at the expense of
13the Department. The Disciplinary Board or Licensing Board shall
14specifically designate the examining physician licensed to
15practice medicine in all of its branches or, if applicable, the
16multidisciplinary team involved in providing the mental or
17physical examination and evaluation, or both. The
18multidisciplinary team shall be led by a physician licensed to
19practice medicine in all of its branches and may consist of one
20or more or a combination of physicians licensed to practice
21medicine in all of its branches, licensed chiropractic
22physicians, licensed clinical psychologists, licensed clinical
23social workers, licensed clinical professional counselors, and
24other professional and administrative staff. Any examining
25physician or member of the multidisciplinary team may require
26any person ordered to submit to an examination and evaluation

 

 

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1pursuant to this Section to submit to any additional
2supplemental testing deemed necessary to complete any
3examination or evaluation process, including, but not limited
4to, blood testing, urinalysis, psychological testing, or
5neuropsychological testing. The Disciplinary Board, the
6Licensing Board, or the Department may order the examining
7physician or any member of the multidisciplinary team to
8provide to the Department, the Disciplinary Board, or the
9Licensing Board any and all records, including business
10records, that relate to the examination and evaluation,
11including any supplemental testing performed. The Disciplinary
12Board, the Licensing Board, or the Department may order the
13examining physician or any member of the multidisciplinary team
14to present testimony concerning this examination and
15evaluation of the licensee, permit holder, or applicant,
16including testimony concerning any supplemental testing or
17documents relating to the examination and evaluation. No
18information, report, record, or other documents in any way
19related to the examination and evaluation shall be excluded by
20reason of any common law or statutory privilege relating to
21communication between the licensee, permit holder, or
22applicant and the examining physician or any member of the
23multidisciplinary team. No authorization is necessary from the
24licensee, permit holder, or applicant ordered to undergo an
25evaluation and examination for the examining physician or any
26member of the multidisciplinary team to provide information,

 

 

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1reports, records, or other documents or to provide any
2testimony regarding the examination and evaluation. The
3individual to be examined may have, at his or her own expense,
4another physician of his or her choice present during all
5aspects of the examination. Failure of any individual to submit
6to mental or physical examination and evaluation, or both, when
7directed, shall result in an automatic suspension, without
8hearing, until such time as the individual submits to the
9examination. If the Disciplinary Board or Licensing Board finds
10a physician unable to practice following an examination and
11evaluation because of the reasons set forth in this Section,
12the Disciplinary Board or Licensing Board shall require such
13physician to submit to care, counseling, or treatment by
14physicians, or other health care professionals, approved or
15designated by the Disciplinary Board, as a condition for
16issued, continued, reinstated, or renewed licensure to
17practice. Any physician, whose license was granted pursuant to
18Sections 9, 17, or 19 of this Act, or, continued, reinstated,
19renewed, disciplined or supervised, subject to such terms,
20conditions or restrictions who shall fail to comply with such
21terms, conditions or restrictions, or to complete a required
22program of care, counseling, or treatment, as determined by the
23Chief Medical Coordinator or Deputy Medical Coordinators,
24shall be referred to the Secretary for a determination as to
25whether the licensee shall have their license suspended
26immediately, pending a hearing by the Disciplinary Board. In

 

 

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1instances in which the Secretary immediately suspends a license
2under this Section, a hearing upon such person's license must
3be convened by the Disciplinary Board within 15 days after such
4suspension and completed without appreciable delay. The
5Disciplinary Board shall have the authority to review the
6subject physician's record of treatment and counseling
7regarding the impairment, to the extent permitted by applicable
8federal statutes and regulations safeguarding the
9confidentiality of medical records.
10    An individual licensed under this Act, affected under this
11Section, shall be afforded an opportunity to demonstrate to the
12Disciplinary Board that they can resume practice in compliance
13with acceptable and prevailing standards under the provisions
14of their license.
15    The Department may promulgate rules for the imposition of
16fines in disciplinary cases, not to exceed $10,000 for each
17violation of this Act. Fines may be imposed in conjunction with
18other forms of disciplinary action, but shall not be the
19exclusive disposition of any disciplinary action arising out of
20conduct resulting in death or injury to a patient. Any funds
21collected from such fines shall be deposited in the Illinois
22State Medical Disciplinary Fund.
23    All fines imposed under this Section shall be paid within
2460 days after the effective date of the order imposing the fine
25or in accordance with the terms set forth in the order imposing
26the fine.

 

 

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1    (B) The Department shall revoke the license or permit
2issued under this Act to practice medicine or a chiropractic
3physician who has been convicted a second time of committing
4any felony under the Illinois Controlled Substances Act or the
5Methamphetamine Control and Community Protection Act, or who
6has been convicted a second time of committing a Class 1 felony
7under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
8person whose license or permit is revoked under this subsection
9B shall be prohibited from practicing medicine or treating
10human ailments without the use of drugs and without operative
11surgery.
12    (C) The Department shall not revoke, suspend, place on
13probation, reprimand, refuse to issue or renew, or take any
14other disciplinary or non-disciplinary action against the
15license or permit issued under this Act to practice medicine to
16a physician based solely upon the recommendation of the
17physician to an eligible patient regarding, or prescription
18for, or treatment with, an investigational drug, biological
19product, or device.
20    (D) The Disciplinary Board shall recommend to the
21Department civil penalties and any other appropriate
22discipline in disciplinary cases when the Board finds that a
23physician willfully performed an abortion with actual
24knowledge that the person upon whom the abortion has been
25performed is a minor or an incompetent person without notice as
26required under the Parental Notice of Abortion Act of 1995.

 

 

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1Upon the Board's recommendation, the Department shall impose,
2for the first violation, a civil penalty of $1,000 and for a
3second or subsequent violation, a civil penalty of $5,000.
4    (E) The Department may not refuse to renew, or take
5disciplinary action concerning, the license of any physician
6who continues prescribing previously prescribed medications to
7existing patients for 90 days after the expiration of his or
8her license if the physician's license is not timely renewed
9because of a clerical issue in the physician's renewal
10application.
11(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
12100-429, eff. 8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.