Illinois General Assembly - Full Text of HB4391
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Full Text of HB4391  95th General Assembly

HB4391eng 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning public health.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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 veterinarians, licensed physician assistants who have
13 been delegated prescriptive authority by a supervising
14 physician, and licensed advanced practice registered nurses
15 who have a written collaborative agreement with a collaborating
16 physician that authorizes prescriptive authority.
 
17     Section 10. Prohibition on Internet prescribing.
18     (a) Illinois licensed prescribers may not knowingly
19 prescribe medications for a patient via the Internet, World
20 Wide Web, telephone, facsimile, or any other electronic means
21 unless the following elements have been met:
22         (1) the patient has been physically examined by the

 

 

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1     prescriber or has been given a documented patient
2     evaluation, including health history and a physical
3     examination, to establish the diagnosis for which any
4     legend drug is prescribed;
5         (2) the prescriber and the patient have discussed
6     treatment options and the risks and benefits of treatment;
7     and
8         (3) the prescriber has maintained the patient's
9     medical records.
10     (b) The provisions of subdivision (1) of subsection (a) of
11 this Section are not applicable in an emergency situation. For
12 purposes of this Section, an emergency situation means those
13 situations in which the prescriber determines that the
14 immediate administration of the medication is necessary for the
15 proper treatment of the patient and it is not reasonably
16 possible for the prescriber to comply with the provisions of
17 this Section prior to providing such prescription.
18     (c) The provisions of subdivision (1) of subsection (a) of
19 this Section shall not be construed to prohibit patient care in
20 the following circumstances:
21         (1) in consultation with another health care
22     professional who has an ongoing relationship with the
23     patient and who has agreed to supervise the patient's
24     treatment, including the use of any prescribed
25     medications;
26         (2) on-call or cross-coverage situations in which a

 

 

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1     prescriber provides care for another prescriber's
2     patients;
3         (3) admission orders for a newly hospitalized patient;
4         (4) orders for patients in long-term care facilities or
5     hospitals recommended by registered professional nurses;
6         (5) continuing medications on a short-term basis for a
7     new patient prior to the first appointment; and
8         (6) a prescriber or his or her designee from
9     electronically or telephonically prescribing medication
10     for a patient with an existing physician-patient
11     relationship with the prescriber.
12     (d) Nothing in this Section shall be construed to prevent
13 the electronic distribution of a prescription to a pharmacy.
 
14     Section 15. Penalties. A person convicted of violating this
15 Act is guilty of a business offense and shall be fined not less
16 than $1,000 for the first violation and not less than $2,000
17 for a second or subsequent violation. A person convicted of
18 violating this Act must be reported to the Division for
19 appropriate licensing board review.
 
20     Section 90. The Illinois Dental Practice Act is amended by
21 changing Section 23 as follows:
 
22     (225 ILCS 25/23)  (from Ch. 111, par. 2323)
23     (Section scheduled to be repealed on January 1, 2016)

 

 

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1     Sec. 23. Refusal, revocation or suspension of dental
2 licenses. The Department may refuse to issue or renew, or may
3 revoke, suspend, place on probation, reprimand or take other
4 disciplinary action as the Department may deem proper,
5 including fines not to exceed $10,000 per violation, with
6 regard to any license for any one or any combination of the
7 following causes:
8         1. Fraud in procuring the license.
9         2. Habitual intoxication or addiction to the use of
10     drugs.
11         3. Willful or repeated violations of the rules of the
12     Department of Public Health or Department of Nuclear
13     Safety.
14         4. Acceptance of a fee for service as a witness,
15     without the knowledge of the court, in addition to the fee
16     allowed by the court.
17         5. Division of fees or agreeing to split or divide the
18     fees received for dental services with any person for
19     bringing or referring a patient, except in regard to
20     referral services as provided for under Section 45, or
21     assisting in the care or treatment of a patient, without
22     the knowledge of the patient or his legal representative.
23         6. Employing, procuring, inducing, aiding or abetting
24     a person not licensed or registered as a dentist to engage
25     in the practice of dentistry. The person practiced upon is
26     not an accomplice, employer, procurer, inducer, aider, or

 

 

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1     abetter within the meaning of this Act.
2         7. Making any misrepresentations or false promises,
3     directly or indirectly, to influence, persuade or induce
4     dental patronage.
5         8. Professional connection or association with or
6     lending his name to another for the illegal practice of
7     dentistry by another, or professional connection or
8     association with any person, firm or corporation holding
9     himself, herself, themselves, or itself out in any manner
10     contrary to this Act.
11         9. Obtaining or seeking to obtain practice, money, or
12     any other things of value by false or fraudulent
13     representations, but not limited to, engaging in such
14     fraudulent practice to defraud the medical assistance
15     program of the Department of Healthcare and Family Services
16     (formerly Department of Public Aid).
17         10. Practicing under a name other than his or her own.
18         11. Engaging in dishonorable, unethical, or
19     unprofessional conduct of a character likely to deceive,
20     defraud, or harm the public.
21         12. Conviction in this or another State of any crime
22     which is a felony under the laws of this State or
23     conviction of a felony in a federal court, conviction of a
24     misdemeanor, an essential element of which is dishonesty,
25     or conviction of any crime which is directly related to the
26     practice of dentistry or dental hygiene.

 

 

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1         13. Permitting a dental hygienist, dental assistant or
2     other person under his or her supervision to perform any
3     operation not authorized by this Act.
4         14. Permitting more than 4 dental hygienists to be
5     employed under his supervision at any one time.
6         15. A violation of any provision of this Act or any
7     rules promulgated under this Act.
8         16. Taking impressions for or using the services of any
9     person, firm or corporation violating this Act.
10         17. Violating any provision of Section 45 relating to
11     advertising.
12         18. Discipline by another U.S. jurisdiction or foreign
13     nation, if at least one of the grounds for the discipline
14     is the same or substantially equivalent to those set forth
15     within this Act.
16         19. Willfully failing to report an instance of
17     suspected child abuse or neglect as required by the Abused
18     and Neglected Child Reporting Act.
19         20. Gross or repeated malpractice resulting in injury
20     or death of a patient.
21         21. The use or prescription for use of narcotics or
22     controlled substances or designated products as listed in
23     the Illinois Controlled Substances Act, in any way other
24     than for therapeutic purposes.
25         22. Willfully making or filing false records or reports
26     in his practice as a dentist, including, but not limited

 

 

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1     to, false records to support claims against the dental
2     assistance program of the Department of Healthcare and
3     Family Services (formerly Illinois Department of Public
4     Aid).
5         23. Professional incompetence as manifested by poor
6     standards of care.
7         24. Physical or mental illness, including, but not
8     limited to, deterioration through the aging process, or
9     loss of motor skills which results in a dentist's inability
10     to practice dentistry with reasonable judgment, skill or
11     safety. In enforcing this paragraph, the Department may
12     compel a person licensed to practice under this Act to
13     submit to a mental or physical examination pursuant to the
14     terms and conditions of Section 23b.
15         25. Repeated irregularities in billing a third party
16     for services rendered to a patient. For purposes of this
17     paragraph 25, "irregularities in billing" shall include:
18             (a) Reporting excessive charges for the purpose of
19         obtaining a total payment in excess of that usually
20         received by the dentist for the services rendered.
21             (b) Reporting charges for services not rendered.
22             (c) Incorrectly reporting services rendered for
23         the purpose of obtaining payment not earned.
24         26. Continuing the active practice of dentistry while
25     knowingly having any infectious, communicable, or
26     contagious disease proscribed by rule or regulation of the

 

 

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1     Department.
2         27. Being named as a perpetrator in an indicated report
3     by the Department of Children and Family Services pursuant
4     to the Abused and Neglected Child Reporting Act, and upon
5     proof by clear and convincing evidence that the licensee
6     has caused a child to be an abused child or neglected child
7     as defined in the Abused and Neglected Child Reporting Act.
8         28. Violating the Health Care Worker Self-Referral
9     Act.
10         29. Abandonment of a patient.
11         30. Mental incompetency as declared by a court of
12     competent jurisdiction.
13         31. Violating any provision of the Internet
14     Prescribing Prohibition Act.
15     All proceedings to suspend, revoke, place on probationary
16 status, or take any other disciplinary action as the Department
17 may deem proper, with regard to a license on any of the
18 foregoing grounds, must be commenced within 3 years after
19 receipt by the Department of a complaint alleging the
20 commission of or notice of the conviction order for any of the
21 acts described herein. Except for fraud in procuring a license,
22 no action shall be commenced more than 5 years after the date
23 of the incident or act alleged to have violated this Section.
24 The time during which the holder of the license was outside the
25 State of Illinois shall not be included within any period of
26 time limiting the commencement of disciplinary action by the

 

 

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1 Department.
2     The Department may refuse to issue or may suspend the
3 license of any person who fails to file a return, or to pay the
4 tax, penalty or interest shown in a filed return, or to pay any
5 final assessment of tax, penalty or interest, as required by
6 any tax Act administered by the Illinois Department of Revenue,
7 until such time as the requirements of any such tax Act are
8 satisfied.
9 (Source: P.A. 94-1014, eff. 7-7-06.)
 
10     Section 95. The Medical Practice Act of 1987 is amended by
11 changing Section 22 as follows:
 
12     (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
13     (Section scheduled to be repealed on December 31, 2008)
14     Sec. 22. Disciplinary action.
15     (A) The Department may revoke, suspend, place on
16 probationary status, refuse to renew, or take any other
17 disciplinary action as the Department may deem proper with
18 regard to the license or visiting professor permit of any
19 person issued under this Act to practice medicine, or to treat
20 human ailments without the use of drugs and without operative
21 surgery upon any of the following grounds:
22         (1) Performance of an elective abortion in any place,
23     locale, facility, or institution other than:
24             (a) a facility licensed pursuant to the Ambulatory

 

 

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1         Surgical Treatment Center Act;
2             (b) an institution licensed under the Hospital
3         Licensing Act; or
4             (c) an ambulatory surgical treatment center or
5         hospitalization or care facility maintained by the
6         State or any agency thereof, where such department or
7         agency has authority under law to establish and enforce
8         standards for the ambulatory surgical treatment
9         centers, hospitalization, or care facilities under its
10         management and control; or
11             (d) ambulatory surgical treatment centers,
12         hospitalization or care facilities maintained by the
13         Federal Government; or
14             (e) ambulatory surgical treatment centers,
15         hospitalization or care facilities maintained by any
16         university or college established under the laws of
17         this State and supported principally by public funds
18         raised by taxation.
19         (2) Performance of an abortion procedure in a wilful
20     and wanton manner on a woman who was not pregnant at the
21     time the abortion procedure was performed.
22         (3) The conviction of a felony in this or any other
23     jurisdiction, except as otherwise provided in subsection B
24     of this Section, whether or not related to practice under
25     this Act, or the entry of a guilty or nolo contendere plea
26     to a felony charge.

 

 

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1         (4) Gross negligence in practice under this Act.
2         (5) Engaging in dishonorable, unethical or
3     unprofessional conduct of a character likely to deceive,
4     defraud or harm the public.
5         (6) Obtaining any fee by fraud, deceit, or
6     misrepresentation.
7         (7) Habitual or excessive use or abuse of drugs defined
8     in law as controlled substances, of alcohol, or of any
9     other substances which results in the inability to practice
10     with reasonable judgment, skill or safety.
11         (8) Practicing under a false or, except as provided by
12     law, an assumed name.
13         (9) Fraud or misrepresentation in applying for, or
14     procuring, a license under this Act or in connection with
15     applying for renewal of a license under this Act.
16         (10) Making a false or misleading statement regarding
17     their skill or the efficacy or value of the medicine,
18     treatment, or remedy prescribed by them at their direction
19     in the treatment of any disease or other condition of the
20     body or mind.
21         (11) Allowing another person or organization to use
22     their license, procured under this Act, to practice.
23         (12) Disciplinary action of another state or
24     jurisdiction against a license or other authorization to
25     practice as a medical doctor, doctor of osteopathy, doctor
26     of osteopathic medicine or doctor of chiropractic, a

 

 

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1     certified copy of the record of the action taken by the
2     other state or jurisdiction being prima facie evidence
3     thereof.
4         (13) Violation of any provision of this Act or of the
5     Medical Practice Act prior to the repeal of that Act, or
6     violation of the rules, or a final administrative action of
7     the Secretary, after consideration of the recommendation
8     of the Disciplinary Board.
9         (14) Dividing with anyone other than physicians with
10     whom the licensee practices in a partnership, Professional
11     Association, limited liability company, or Medical or
12     Professional Corporation any fee, commission, rebate or
13     other form of compensation for any professional services
14     not actually and personally rendered. Nothing contained in
15     this subsection prohibits persons holding valid and
16     current licenses under this Act from practicing medicine in
17     partnership under a partnership agreement, including a
18     limited liability partnership, in a limited liability
19     company under the Limited Liability Company Act, in a
20     corporation authorized by the Medical Corporation Act, as
21     an association authorized by the Professional Association
22     Act, or in a corporation under the Professional Corporation
23     Act or from pooling, sharing, dividing or apportioning the
24     fees and monies received by them or by the partnership,
25     corporation or association in accordance with the
26     partnership agreement or the policies of the Board of

 

 

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1     Directors of the corporation or association. Nothing
2     contained in this subsection prohibits 2 or more
3     corporations authorized by the Medical Corporation Act,
4     from forming a partnership or joint venture of such
5     corporations, and providing medical, surgical and
6     scientific research and knowledge by employees of these
7     corporations if such employees are licensed under this Act,
8     or from pooling, sharing, dividing, or apportioning the
9     fees and monies received by the partnership or joint
10     venture in accordance with the partnership or joint venture
11     agreement. Nothing contained in this subsection shall
12     abrogate the right of 2 or more persons, holding valid and
13     current licenses under this Act, to each receive adequate
14     compensation for concurrently rendering professional
15     services to a patient and divide a fee; provided, the
16     patient has full knowledge of the division, and, provided,
17     that the division is made in proportion to the services
18     performed and responsibility assumed by each.
19         (15) A finding by the Medical Disciplinary Board that
20     the registrant after having his or her license placed on
21     probationary status or subjected to conditions or
22     restrictions violated the terms of the probation or failed
23     to comply with such terms or conditions.
24         (16) Abandonment of a patient.
25         (17) Prescribing, selling, administering,
26     distributing, giving or self-administering any drug

 

 

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1     classified as a controlled substance (designated product)
2     or narcotic for other than medically accepted therapeutic
3     purposes.
4         (18) Promotion of the sale of drugs, devices,
5     appliances or goods provided for a patient in such manner
6     as to exploit the patient for financial gain of the
7     physician.
8         (19) Offering, undertaking or agreeing to cure or treat
9     disease by a secret method, procedure, treatment or
10     medicine, or the treating, operating or prescribing for any
11     human condition by a method, means or procedure which the
12     licensee refuses to divulge upon demand of the Department.
13         (20) Immoral conduct in the commission of any act
14     including, but not limited to, commission of an act of
15     sexual misconduct related to the licensee's practice.
16         (21) Wilfully making or filing false records or reports
17     in his or her practice as a physician, including, but not
18     limited to, false records to support claims against the
19     medical assistance program of the Department of Healthcare
20     and Family Services (formerly Department of Public Aid)
21     under the Illinois Public Aid Code.
22         (22) Wilful omission to file or record, or wilfully
23     impeding the filing or recording, or inducing another
24     person to omit to file or record, medical reports as
25     required by law, or wilfully failing to report an instance
26     of suspected abuse or neglect as required by law.

 

 

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1         (23) Being named as a perpetrator in an indicated
2     report by the Department of Children and Family Services
3     under the Abused and Neglected Child Reporting Act, and
4     upon proof by clear and convincing evidence that the
5     licensee has caused a child to be an abused child or
6     neglected child as defined in the Abused and Neglected
7     Child Reporting Act.
8         (24) Solicitation of professional patronage by any
9     corporation, agents or persons, or profiting from those
10     representing themselves to be agents of the licensee.
11         (25) Gross and wilful and continued overcharging for
12     professional services, including filing false statements
13     for collection of fees for which services are not rendered,
14     including, but not limited to, filing such false statements
15     for collection of monies for services not rendered from the
16     medical assistance program of the Department of Healthcare
17     and Family Services (formerly Department of Public Aid)
18     under the Illinois Public Aid Code.
19         (26) A pattern of practice or other behavior which
20     demonstrates incapacity or incompetence to practice under
21     this Act.
22         (27) Mental illness or disability which results in the
23     inability to practice under this Act with reasonable
24     judgment, skill or safety.
25         (28) Physical illness, including, but not limited to,
26     deterioration through the aging process, or loss of motor

 

 

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1     skill which results in a physician's inability to practice
2     under this Act with reasonable judgment, skill or safety.
3         (29) Cheating on or attempt to subvert the licensing
4     examinations administered under this Act.
5         (30) Wilfully or negligently violating the
6     confidentiality between physician and patient except as
7     required by law.
8         (31) The use of any false, fraudulent, or deceptive
9     statement in any document connected with practice under
10     this Act.
11         (32) Aiding and abetting an individual not licensed
12     under this Act in the practice of a profession licensed
13     under this Act.
14         (33) Violating state or federal laws or regulations
15     relating to controlled substances, legend drugs, or
16     ephedra, as defined in the Ephedra Prohibition Act.
17         (34) Failure to report to the Department any adverse
18     final action taken against them by another licensing
19     jurisdiction (any other state or any territory of the
20     United States or any foreign state or country), by any peer
21     review body, by any health care institution, by any
22     professional society or association related to practice
23     under this Act, by any governmental agency, by any law
24     enforcement agency, or by any court for acts or conduct
25     similar to acts or conduct which would constitute grounds
26     for action as defined in this Section.

 

 

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1         (35) Failure to report to the Department surrender of a
2     license or authorization to practice as a medical doctor, a
3     doctor of osteopathy, a doctor of osteopathic medicine, or
4     doctor of chiropractic in another state or jurisdiction, or
5     surrender of membership on any medical staff or in any
6     medical or professional association or society, while
7     under disciplinary investigation by any of those
8     authorities or bodies, for acts or conduct similar to acts
9     or conduct which would constitute grounds for action as
10     defined in this Section.
11         (36) Failure to report to the Department any adverse
12     judgment, settlement, or award arising from a liability
13     claim related to acts or conduct similar to acts or conduct
14     which would constitute grounds for action as defined in
15     this Section.
16         (37) Failure to transfer copies of medical records as
17     required by law.
18         (38) Failure to furnish the Department, its
19     investigators or representatives, relevant information,
20     legally requested by the Department after consultation
21     with the Chief Medical Coordinator or the Deputy Medical
22     Coordinator.
23         (39) Violating the Health Care Worker Self-Referral
24     Act.
25         (40) Willful failure to provide notice when notice is
26     required under the Parental Notice of Abortion Act of 1995.

 

 

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1         (41) Failure to establish and maintain records of
2     patient care and treatment as required by this law.
3         (42) Entering into an excessive number of written
4     collaborative agreements with licensed advanced practice
5     nurses resulting in an inability to adequately collaborate
6     and provide medical direction.
7         (43) Repeated failure to adequately collaborate with
8     or provide medical direction to a licensed advanced
9     practice nurse.
10         (44) Violating any provision of the Internet
11     Prescribing Prohibition Act.
12     Except for actions involving the ground numbered (26), all
13 proceedings to suspend, revoke, place on probationary status,
14 or take any other disciplinary action as the Department may
15 deem proper, with regard to a license on any of the foregoing
16 grounds, must be commenced within 5 years next after receipt by
17 the Department of a complaint alleging the commission of or
18 notice of the conviction order for any of the acts described
19 herein. Except for the grounds numbered (8), (9), (26), and
20 (29), no action shall be commenced more than 10 years after the
21 date of the incident or act alleged to have violated this
22 Section. For actions involving the ground numbered (26), a
23 pattern of practice or other behavior includes all incidents
24 alleged to be part of the pattern of practice or other behavior
25 that occurred or a report pursuant to Section 23 of this Act
26 received within the 10-year period preceding the filing of the

 

 

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1 complaint. In the event of the settlement of any claim or cause
2 of action in favor of the claimant or the reduction to final
3 judgment of any civil action in favor of the plaintiff, such
4 claim, cause of action or civil action being grounded on the
5 allegation that a person licensed under this Act was negligent
6 in providing care, the Department shall have an additional
7 period of 2 years from the date of notification to the
8 Department under Section 23 of this Act of such settlement or
9 final judgment in which to investigate and commence formal
10 disciplinary proceedings under Section 36 of this Act, except
11 as otherwise provided by law. The time during which the holder
12 of the license was outside the State of Illinois shall not be
13 included within any period of time limiting the commencement of
14 disciplinary action by the Department.
15     The entry of an order or judgment by any circuit court
16 establishing that any person holding a license under this Act
17 is a person in need of mental treatment operates as a
18 suspension of that license. That person may resume their
19 practice only upon the entry of a Departmental order based upon
20 a finding by the Medical Disciplinary Board that they have been
21 determined to be recovered from mental illness by the court and
22 upon the Disciplinary Board's recommendation that they be
23 permitted to resume their practice.
24     The Department may refuse to issue or take disciplinary
25 action concerning the license of any person who fails to file a
26 return, or to pay the tax, penalty or interest shown in a filed

 

 

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1 return, or to pay any final assessment of tax, penalty or
2 interest, as required by any tax Act administered by the
3 Illinois Department of Revenue, until such time as the
4 requirements of any such tax Act are satisfied as determined by
5 the Illinois Department of Revenue.
6     The Department, upon the recommendation of the
7 Disciplinary Board, shall adopt rules which set forth standards
8 to be used in determining:
9         (a) when a person will be deemed sufficiently
10     rehabilitated to warrant the public trust;
11         (b) what constitutes dishonorable, unethical or
12     unprofessional conduct of a character likely to deceive,
13     defraud, or harm the public;
14         (c) what constitutes immoral conduct in the commission
15     of any act, including, but not limited to, commission of an
16     act of sexual misconduct related to the licensee's
17     practice; and
18         (d) what constitutes gross negligence in the practice
19     of medicine.
20     However, no such rule shall be admissible into evidence in
21 any civil action except for review of a licensing or other
22 disciplinary action under this Act.
23     In enforcing this Section, the Medical Disciplinary Board,
24 upon a showing of a possible violation, may compel any
25 individual licensed to practice under this Act, or who has
26 applied for licensure or a permit pursuant to this Act, to

 

 

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1 submit to a mental or physical examination, or both, as
2 required by and at the expense of the Department. The examining
3 physician or physicians shall be those specifically designated
4 by the Disciplinary Board. The Medical Disciplinary Board or
5 the Department may order the examining physician to present
6 testimony concerning this mental or physical examination of the
7 licensee or applicant. No information shall be excluded by
8 reason of any common law or statutory privilege relating to
9 communication between the licensee or applicant and the
10 examining physician. The individual to be examined may have, at
11 his or her own expense, another physician of his or her choice
12 present during all aspects of the examination. Failure of any
13 individual to submit to mental or physical examination, when
14 directed, shall be grounds for suspension of his or her license
15 until such time as the individual submits to the examination if
16 the Disciplinary Board finds, after notice and hearing, that
17 the refusal to submit to the examination was without reasonable
18 cause. If the Disciplinary Board finds a physician unable to
19 practice because of the reasons set forth in this Section, the
20 Disciplinary Board shall require such physician to submit to
21 care, counseling, or treatment by physicians approved or
22 designated by the Disciplinary Board, as a condition for
23 continued, reinstated, or renewed licensure to practice. Any
24 physician, whose license was granted pursuant to Sections 9,
25 17, or 19 of this Act, or, continued, reinstated, renewed,
26 disciplined or supervised, subject to such terms, conditions or

 

 

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1 restrictions who shall fail to comply with such terms,
2 conditions or restrictions, or to complete a required program
3 of care, counseling, or treatment, as determined by the Chief
4 Medical Coordinator or Deputy Medical Coordinators, shall be
5 referred to the Secretary for a determination as to whether the
6 licensee shall have their license suspended immediately,
7 pending a hearing by the Disciplinary Board. In instances in
8 which the Secretary immediately suspends a license under this
9 Section, a hearing upon such person's license must be convened
10 by the Disciplinary Board within 15 days after such suspension
11 and completed without appreciable delay. The Disciplinary
12 Board shall have the authority to review the subject
13 physician's record of treatment and counseling regarding the
14 impairment, to the extent permitted by applicable federal
15 statutes and regulations safeguarding the confidentiality of
16 medical records.
17     An individual licensed under this Act, affected under this
18 Section, shall be afforded an opportunity to demonstrate to the
19 Disciplinary Board that they can resume practice in compliance
20 with acceptable and prevailing standards under the provisions
21 of their license.
22     The Department may promulgate rules for the imposition of
23 fines in disciplinary cases, not to exceed $10,000 for each
24 violation of this Act. Fines may be imposed in conjunction with
25 other forms of disciplinary action, but shall not be the
26 exclusive disposition of any disciplinary action arising out of

 

 

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1 conduct resulting in death or injury to a patient. Any funds
2 collected from such fines shall be deposited in the Medical
3 Disciplinary Fund.
4     (B) The Department shall revoke the license or visiting
5 permit of any person issued under this Act to practice medicine
6 or to treat human ailments without the use of drugs and without
7 operative surgery, who has been convicted a second time of
8 committing any felony under the Illinois Controlled Substances
9 Act or the Methamphetamine Control and Community Protection
10 Act, or who has been convicted a second time of committing a
11 Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
12 Public Aid Code. A person whose license or visiting permit is
13 revoked under this subsection B of Section 22 of this Act shall
14 be prohibited from practicing medicine or treating human
15 ailments without the use of drugs and without operative
16 surgery.
17     (C) The Medical Disciplinary Board shall recommend to the
18 Department civil penalties and any other appropriate
19 discipline in disciplinary cases when the Board finds that a
20 physician willfully performed an abortion with actual
21 knowledge that the person upon whom the abortion has been
22 performed is a minor or an incompetent person without notice as
23 required under the Parental Notice of Abortion Act of 1995.
24 Upon the Board's recommendation, the Department shall impose,
25 for the first violation, a civil penalty of $1,000 and for a
26 second or subsequent violation, a civil penalty of $5,000.

 

 

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1 (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05;
2 95-331, eff. 8-21-07.)
 
3     Section 100. The Nursing and Advanced Practice Nursing Act
4 is amended by changing Section 15-50 as follows:
 
5     (225 ILCS 65/15-50)
6     (Section scheduled to be repealed on January 1, 2008)
7     Sec. 15-50. Grounds for disciplinary action.
8     (a) The Department may, upon the recommendation of the APN
9 Board, refuse to issue or to renew, or may revoke, suspend,
10 place on probation, censure or reprimand, or take other
11 disciplinary action as the Department may deem appropriate with
12 regard to a license issued under this Title, including the
13 issuance of fines not to exceed $5,000 for each violation, for
14 any one or combination of the grounds for discipline set forth
15 in Section 10-45 of this Act or for any one or combination of
16 the following causes:
17         (1) Gross negligence in the practice of advanced
18     practice nursing.
19         (2) Exceeding the terms of a collaborative agreement or
20     the prescriptive authority delegated to him or her by his
21     or her collaborating physician or alternate collaborating
22     physician in guidelines established under a written
23     collaborative agreement.
24         (3) Making a false or misleading statement regarding

 

 

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1     his or her skill or the efficacy or value of the medicine,
2     treatment, or remedy prescribed by him or her in the course
3     of treatment.
4         (4) Prescribing, selling, administering, distributing,
5     giving, or self-administering a drug classified as a
6     controlled substance (designated product) or narcotic for
7     other than medically accepted therapeutic purposes.
8         (5) Promotion of the sale of drugs, devices,
9     appliances, or goods provided for a patient in a manner to
10     exploit the patient for financial gain.
11         (6) Violating State or federal laws or regulations
12     relating to controlled substances.
13         (7) Willfully or negligently violating the
14     confidentiality between advanced practice nurse,
15     collaborating physician, and patient, except as required
16     by law.
17         (8) Failure of a licensee to report to the Department
18     any adverse final action taken against such licensee by
19     another licensing jurisdiction (any other jurisdiction of
20     the United States or any foreign state or country), any
21     peer review body, any health care institution, a
22     professional or nursing or advanced practice nursing
23     society or association, a governmental agency, a law
24     enforcement agency, or a court or a liability claim
25     relating to acts or conduct similar to acts or conduct that
26     would constitute grounds for action as defined in this

 

 

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1     Section.
2         (9) Failure of a licensee to report to the Department
3     surrender by the licensee of a license or authorization to
4     practice nursing or advanced practice nursing in another
5     state or jurisdiction, or current surrender by the licensee
6     of membership on any nursing staff or organized health care
7     professional staff or in any nursing, advanced practice
8     nurse, or professional association or society while under
9     disciplinary investigation by any of those authorities or
10     bodies for acts or conduct similar to acts or conduct that
11     would constitute grounds for action as defined in this
12     Section.
13         (10) Failing, within 60 days, to provide information in
14     response to a written request made by the Department.
15         (11) Failure to establish and maintain records of
16     patient care and treatment as required by law.
17         (12) Any violation of any Section of this Title or Act.
18         (13) Violating any provision of the Internet
19     Prescribing Prohibition Act.
20     When the Department has received written reports
21 concerning incidents required to be reported in items (8) and
22 (9), the licensee's failure to report the incident to the
23 Department under those items shall not be the sole grounds for
24 disciplinary action.
25     (b) The Department may refuse to issue or may suspend the
26 license of any person who fails to file a return, to pay the

 

 

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1 tax, penalty, or interest shown in a filed return, or to pay
2 any final assessment of the tax, penalty, or interest as
3 required by a tax Act administered by the Department of
4 Revenue, until the requirements of the tax Act are satisfied.
5     (c) In enforcing this Section, the Department or APN Board,
6 upon a showing of a possible violation, may compel an
7 individual licensed to practice under this Title, or who has
8 applied for licensure under this Title, to submit to a mental
9 or physical examination or both, as required by and at the
10 expense of the Department. The Department or APN Board may
11 order the examining physician to present testimony concerning
12 the mental or physical examination of the licensee or
13 applicant. No information shall be excluded by reason of any
14 common law or statutory privilege relating to communications
15 between the licensee or applicant and the examining physician.
16 The examining physician shall be specifically designated by the
17 APN Board or Department. The individual to be examined may
18 have, at his or her own expense, another physician of his or
19 her choice present during all aspects of this examination.
20 Failure of an individual to submit to a mental or physical
21 examination when directed shall be grounds for suspension of
22 his or her license until the individual submits to the
23 examination if the Department finds, after notice and hearing,
24 that the refusal to submit to the examination was without
25 reasonable cause.
26     If the Department or APN Board finds an individual unable

 

 

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1 to practice because of the reasons set forth in this Section,
2 the Department or APN Board may require that individual to
3 submit to care, counseling, or treatment by physicians approved
4 or designated by the Department or APN Board as a condition,
5 term, or restriction for continued, reinstated, or renewed
6 licensure to practice; or, in lieu of care, counseling, or
7 treatment, the Department may file, or the APN Board may
8 recommend to the Department to file, a complaint to immediately
9 suspend, revoke, or otherwise discipline the license of the
10 individual. An individual whose license was granted,
11 continued, reinstated, renewed, disciplined or supervised
12 subject to terms, conditions, or restrictions, and who fails to
13 comply with the terms, conditions, or restrictions, shall be
14 referred to the Director for a determination as to whether the
15 individual shall have his or her license suspended immediately,
16 pending a hearing by the Department.
17     In instances in which the Director immediately suspends a
18 person's license under this Section, a hearing on that person's
19 license shall be convened by the Department within 15 days
20 after the suspension and shall be completed without appreciable
21 delay. The Department and APN Board shall have the authority to
22 review the subject individual's record of treatment and
23 counseling regarding the impairment to the extent permitted by
24 applicable federal statutes and regulations safeguarding the
25 confidentiality of medical records.
26     An individual licensed under this Title and affected under

 

 

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1 this Section shall be afforded an opportunity to demonstrate to
2 the Department or APN Board that he or she can resume practice
3 in compliance with acceptable and prevailing standards under
4 the provisions of his or her license.
5 (Source: P.A. 90-742, eff. 8-13-98.)
 
6     Section 105. The Illinois Optometric Practice Act of 1987
7 is amended by changing Section 24 as follows:
 
8     (225 ILCS 80/24)  (from Ch. 111, par. 3924)
9     (Section scheduled to be repealed on January 1, 2017)
10     Sec. 24. Grounds for disciplinary action.
11     (a) The Department may refuse to issue or to renew, or may
12 revoke, suspend, place on probation, reprimand or take other
13 disciplinary action as the Department may deem proper,
14 including fines not to exceed $10,000 for each violation, with
15 regard to any license for any one or combination of the
16 following causes:
17         (1) Violations of this Act, or of the rules promulgated
18     hereunder.
19         (2) Conviction of or entry of a plea of guilty to any
20     crime under the laws of any U.S. jurisdiction thereof that
21     is a felony or that is a misdemeanor of which an essential
22     element is dishonesty, or any crime that is directly
23     related to the practice of the profession.
24         (3) Making any misrepresentation for the purpose of

 

 

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1     obtaining a license.
2         (4) Professional incompetence or gross negligence in
3     the practice of optometry.
4         (5) Gross malpractice, prima facie evidence of which
5     may be a conviction or judgment of malpractice in any court
6     of competent jurisdiction.
7         (6) Aiding or assisting another person in violating any
8     provision of this Act or rules.
9         (7) Failing, within 60 days, to provide information in
10     response to a written request made by the Department that
11     has been sent by certified or registered mail to the
12     licensee's last known address.
13         (8) Engaging in dishonorable, unethical, or
14     unprofessional conduct of a character likely to deceive,
15     defraud, or harm the public.
16         (9) Habitual or excessive use or addiction to alcohol,
17     narcotics, stimulants or any other chemical agent or drug
18     that results in the inability to practice with reasonable
19     judgment, skill, or safety.
20         (10) Discipline by another U.S. jurisdiction or
21     foreign nation, if at least one of the grounds for the
22     discipline is the same or substantially equivalent to those
23     set forth herein.
24         (11) Directly or indirectly giving to or receiving from
25     any person, firm, corporation, partnership, or association
26     any fee, commission, rebate, or other form of compensation

 

 

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1     for any professional services not actually or personally
2     rendered. This shall not be deemed to include (i) rent or
3     other remunerations paid to an individual, partnership, or
4     corporation by an optometrist for the lease, rental, or use
5     of space, owned or controlled, by the individual,
6     partnership, corporation or association, and (ii) the
7     division of fees between an optometrist and related
8     professional service providers with whom the optometrist
9     practices in a professional corporation organized under
10     Section 3.6 of the Professional Service Corporation Act.
11         (12) A finding by the Department that the licensee,
12     after having his or her license placed on probationary
13     status has violated the terms of probation.
14         (13) Abandonment of a patient.
15         (14) Willfully making or filing false records or
16     reports in his or her practice, including but not limited
17     to false records filed with State agencies or departments.
18         (15) Willfully failing to report an instance of
19     suspected child abuse or neglect as required by the Abused
20     and Neglected Child Reporting Act.
21         (16) Physical illness, including but not limited to,
22     deterioration through the aging process, or loss of motor
23     skill, mental illness, or disability that results in the
24     inability to practice the profession with reasonable
25     judgment, skill, or safety.
26         (17) Solicitation of professional services other than

 

 

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1     permitted advertising.
2         (18) Failure to provide a patient with a copy of his or
3     her record or prescription in accordance with federal law.
4         (19) Conviction by any court of competent
5     jurisdiction, either within or without this State, of any
6     violation of any law governing the practice of optometry,
7     conviction in this or another State of any crime that is a
8     felony under the laws of this State or conviction of a
9     felony in a federal court, if the Department determines,
10     after investigation, that such person has not been
11     sufficiently rehabilitated to warrant the public trust.
12         (20) A finding that licensure has been applied for or
13     obtained by fraudulent means.
14         (21) Continued practice by a person knowingly having an
15     infectious or contagious disease.
16         (22) Being named as a perpetrator in an indicated
17     report by the Department of Children and Family Services
18     under the Abused and Neglected Child Reporting Act, and
19     upon proof by clear and convincing evidence that the
20     licensee has caused a child to be an abused child or a
21     neglected child as defined in the Abused and Neglected
22     Child Reporting Act.
23         (23) Practicing or attempting to practice under a name
24     other than the full name as shown on his or her license.
25         (24) Immoral conduct in the commission of any act, such
26     as sexual abuse, sexual misconduct or sexual exploitation,

 

 

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1     related to the licensee's practice.
2         (25) Maintaining a professional relationship with any
3     person, firm, or corporation when the optometrist knows, or
4     should know, that such person, firm, or corporation is
5     violating this Act.
6         (26) Promotion of the sale of drugs, devices,
7     appliances or goods provided for a client or patient in
8     such manner as to exploit the patient or client for
9     financial gain of the licensee.
10         (27) Using the title "Doctor" or its abbreviation
11     without further qualifying that title or abbreviation with
12     the word "optometry" or "optometrist".
13         (28) Use by a licensed optometrist of the word
14     "infirmary", "hospital", "school", "university", in
15     English or any other language, in connection with the place
16     where optometry may be practiced or demonstrated.
17         (29) Continuance of an optometrist in the employ of any
18     person, firm or corporation, or as an assistant to any
19     optometrist or optometrists, directly or indirectly, after
20     his or her employer or superior has been found guilty of
21     violating or has been enjoined from violating the laws of
22     the State of Illinois relating to the practice of
23     optometry, when the employer or superior persists in that
24     violation.
25         (30) The performance of optometric service in
26     conjunction with a scheme or plan with another person, firm

 

 

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1     or corporation known to be advertising in a manner contrary
2     to this Act or otherwise violating the laws of the State of
3     Illinois concerning the practice of optometry.
4         (31) Failure to provide satisfactory proof of having
5     participated in approved continuing education programs as
6     determined by the Board and approved by the Secretary.
7     Exceptions for extreme hardships are to be defined by the
8     rules of the Department.
9         (32) Willfully making or filing false records or
10     reports in the practice of optometry, including, but not
11     limited to false records to support claims against the
12     medical assistance program of the Department of Healthcare
13     and Family Services (formerly Department of Public Aid)
14     under the Illinois Public Aid Code.
15         (33) Gross and willful overcharging for professional
16     services including filing false statements for collection
17     of fees for which services are not rendered, including, but
18     not limited to filing false statements for collection of
19     monies for services not rendered from the medical
20     assistance program of the Department of Healthcare and
21     Family Services (formerly Department of Public Aid) under
22     the Illinois Public Aid Code.
23         (34) In the absence of good reasons to the contrary,
24     failure to perform a minimum eye examination as required by
25     the rules of the Department.
26         (35) Violation of the Health Care Worker Self-Referral

 

 

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1     Act.
2         (36) Violating any provision of the Internet
3     Prescribing Prohibition Act.
4     The Department may refuse to issue or may suspend the
5 license of any person who fails to file a return, or to pay the
6 tax, penalty or interest shown in a filed return, or to pay any
7 final assessment of the tax, penalty or interest, as required
8 by any tax Act administered by the Illinois Department of
9 Revenue, until such time as the requirements of any such tax
10 Act are satisfied.
11     (a-5) In enforcing this Section, the Board upon a showing
12 of a possible violation, may compel any individual licensed to
13 practice under this Act, or who has applied for licensure or
14 certification pursuant to this Act, to submit to a mental or
15 physical examination, or both, as required by and at the
16 expense of the Department. The examining physicians or clinical
17 psychologists shall be those specifically designated by the
18 Board. The Board or the Department may order the examining
19 physician or clinical psychologist to present testimony
20 concerning this mental or physical examination of the licensee
21 or applicant. No information shall be excluded by reason of any
22 common law or statutory privilege relating to communications
23 between the licensee or applicant and the examining physician
24 or clinical psychologist. Eye examinations may be provided by a
25 licensed optometrist. The individual to be examined may have,
26 at his or her own expense, another physician of his or her

 

 

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1 choice present during all aspects of the examination. Failure
2 of any individual to submit to a mental or physical
3 examination, when directed, shall be grounds for suspension of
4 a license until such time as the individual submits to the
5 examination if the Board finds, after notice and hearing, that
6 the refusal to submit to the examination was without reasonable
7 cause.
8     If the Board finds an individual unable to practice because
9 of the reasons set forth in this Section, the Board shall
10 require such individual to submit to care, counseling, or
11 treatment by physicians or clinical psychologists approved or
12 designated by the Board, as a condition, term, or restriction
13 for continued, reinstated, or renewed licensure to practice, or
14 in lieu of care, counseling, or treatment, the Board may
15 recommend to the Department to file a complaint to immediately
16 suspend, revoke, or otherwise discipline the license of the
17 individual, or the Board may recommend to the Department to
18 file a complaint to suspend, revoke, or otherwise discipline
19 the license of the individual. Any individual whose license was
20 granted pursuant to this Act, or continued, reinstated,
21 renewed, disciplined, or supervised, subject to such
22 conditions, terms, or restrictions, who shall fail to comply
23 with such conditions, terms, or restrictions, shall be referred
24 to the Secretary for a determination as to whether the
25 individual shall have his or her license suspended immediately,
26 pending a hearing by the Board.

 

 

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1     (b) 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 Board to the Secretary that the
9 licensee be allowed to resume his or her practice.
10 (Source: P.A. 94-787, eff. 5-19-06.)
 
11     Section 110. The Physician Assistant Practice Act of 1987
12 is amended by changing Section 21 as follows:
 
13     (225 ILCS 95/21)  (from Ch. 111, par. 4621)
14     (Section scheduled to be repealed on January 1, 2018)
15     Sec. 21. Grounds for disciplinary action.
16     (a) The Department may refuse to issue or to renew, or may
17 revoke, suspend, place on probation, censure or reprimand, or
18 take other disciplinary or non-disciplinary action with regard
19 to any license issued under this Act as the Department may deem
20 proper, including the issuance of fines not to exceed $10,000
21 for each violation, for any one or combination of the following
22 causes:
23         (1) Material misstatement in furnishing information to
24     the Department.

 

 

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1         (2) Violations of this Act, or the rules adopted under
2     this Act.
3         (3) Conviction of or entry of a plea of guilty or nolo
4     contendere to any crime that is a felony under the laws of
5     the United States or any state or territory thereof or that
6     is a misdemeanor of which an essential element is
7     dishonesty or that is directly related to the practice of
8     the profession.
9         (4) Making any misrepresentation for the purpose of
10     obtaining licenses.
11         (5) Professional incompetence.
12         (6) Aiding or assisting another person in violating any
13     provision of this Act or its rules.
14         (7) Failing, within 60 days, to provide information in
15     response to a written request made by the Department.
16         (8) Engaging in dishonorable, unethical, or
17     unprofessional conduct, as defined by rule, of a character
18     likely to deceive, defraud, or harm the public.
19         (9) Habitual or excessive use or addiction to alcohol,
20     narcotics, stimulants, or any other chemical agent or drug
21     that results in a physician assistant's inability to
22     practice with reasonable judgment, skill, or safety.
23         (10) Discipline by another U.S. jurisdiction or
24     foreign nation, if at least one of the grounds for
25     discipline is the same or substantially equivalent to those
26     set forth in this Section.

 

 

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1         (11) Directly or indirectly giving to or receiving from
2     any person, firm, corporation, partnership, or association
3     any fee, commission, rebate or other form of compensation
4     for any professional services not actually or personally
5     rendered.
6         (12) A finding by the Disciplinary Board that the
7     licensee, after having his or her license placed on
8     probationary status has violated the terms of probation.
9         (13) Abandonment of a patient.
10         (14) Willfully making or filing false records or
11     reports in his or her practice, including but not limited
12     to false records filed with state agencies or departments.
13         (15) Willfully failing to report an instance of
14     suspected child abuse or neglect as required by the Abused
15     and Neglected Child Reporting Act.
16         (16) Physical illness, or mental illness or impairment
17     that results in the inability to practice the profession
18     with reasonable judgment, skill, or safety, including, but
19     not limited to, deterioration through the aging process or
20     loss of motor skill.
21         (17) Being named as a perpetrator in an indicated
22     report by the Department of Children and Family Services
23     under the Abused and Neglected Child Reporting Act, and
24     upon proof by clear and convincing evidence that the
25     licensee has caused a child to be an abused child or
26     neglected child as defined in the Abused and Neglected

 

 

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1     Child Reporting Act.
2         (18) (Blank).
3         (19) Gross negligence resulting in permanent injury or
4     death of a patient.
5         (20) Employment of fraud, deception or any unlawful
6     means in applying for or securing a license as a physician
7     assistant.
8         (21) Exceeding the authority delegated to him or her by
9     his or her supervising physician in guidelines established
10     by the physician/physician assistant team.
11         (22) Immoral conduct in the commission of any act, such
12     as sexual abuse, sexual misconduct or sexual exploitation
13     related to the licensee's practice.
14         (23) Violation of the Health Care Worker Self-Referral
15     Act.
16         (24) Practicing under a false or assumed name, except
17     as provided by law.
18         (25) Making a false or misleading statement regarding
19     his or her skill or the efficacy or value of the medicine,
20     treatment, or remedy prescribed by him or her in the course
21     of treatment.
22         (26) Allowing another person to use his or her license
23     to practice.
24         (27) Prescribing, selling, administering,
25     distributing, giving, or self-administering a drug
26     classified as a controlled substance (designated product)

 

 

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1     or narcotic for other than medically-accepted therapeutic
2     purposes.
3         (28) Promotion of the sale of drugs, devices,
4     appliances, or goods provided for a patient in a manner to
5     exploit the patient for financial gain.
6         (29) A pattern of practice or other behavior that
7     demonstrates incapacity or incompetence to practice under
8     this Act.
9         (30) Violating State or federal laws or regulations
10     relating to controlled substances or other legend drugs.
11         (31) Exceeding the limited prescriptive authority
12     delegated by the supervising physician or violating the
13     written guidelines delegating that authority.
14         (32) Practicing without providing to the Department a
15     notice of supervision or delegation of prescriptive
16     authority.
17         (33) Violating any provision of the Internet
18     Prescribing Prohibition Act.
19     (b) The Department may, without a hearing, refuse to issue
20 or renew or may suspend the license of any person who fails to
21 file a return, or to pay the tax, penalty or interest shown in
22 a filed return, or to pay any final assessment of the tax,
23 penalty, or interest as required by any tax Act administered by
24 the Illinois Department of Revenue, until such time as the
25 requirements of any such tax Act are satisfied.
26     (c) The determination by a circuit court that a licensee is

 

 

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1 subject to involuntary admission or judicial admission as
2 provided in the Mental Health and Developmental Disabilities
3 Code operates as an automatic suspension. The suspension will
4 end only upon a finding by a court that the patient is no
5 longer subject to involuntary admission or judicial admission
6 and issues an order so finding and discharging the patient, and
7 upon the recommendation of the Disciplinary Board to the
8 Secretary that the licensee be allowed to resume his or her
9 practice.
10     (d) In enforcing this Section, the Department upon a
11 showing of a possible violation may compel an individual
12 licensed to practice under this Act, or who has applied for
13 licensure under this Act, to submit to a mental or physical
14 examination, or both, as required by and at the expense of the
15 Department. The Department may order the examining physician to
16 present testimony concerning the mental or physical
17 examination of the licensee or applicant. No information shall
18 be excluded by reason of any common law or statutory privilege
19 relating to communications between the licensee or applicant
20 and the examining physician. The examining physicians shall be
21 specifically designated by the Department. The individual to be
22 examined may have, at his or her own expense, another physician
23 of his or her choice present during all aspects of this
24 examination. Failure of an individual to submit to a mental or
25 physical examination, when directed, shall be grounds for
26 suspension of his or her license until the individual submits

 

 

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1 to the examination if the Department finds, after notice and
2 hearing, that the refusal to submit to the examination was
3 without reasonable cause.
4     If the Department finds an individual unable to practice
5 because of the reasons set forth in this Section, the
6 Department may require that individual to submit to care,
7 counseling, or treatment by physicians approved or designated
8 by the Department, as a condition, term, or restriction for
9 continued, reinstated, or renewed licensure to practice; or, in
10 lieu of care, counseling, or treatment, the Department may file
11 a complaint to immediately suspend, revoke, or otherwise
12 discipline the license of the individual. An individual whose
13 license was granted, continued, reinstated, renewed,
14 disciplined, or supervised subject to such terms, conditions,
15 or restrictions, and who fails to comply with such terms,
16 conditions, or restrictions, shall be referred to the Secretary
17 for a determination as to whether the individual shall have his
18 or her license suspended immediately, pending a hearing by the
19 Department.
20     In instances in which the Secretary immediately suspends a
21 person's license under this Section, a hearing on that person's
22 license must be convened by the Department within 30 days after
23 the suspension and completed without appreciable delay. The
24 Department shall have the authority to review the subject
25 individual's record of treatment and counseling regarding the
26 impairment to the extent permitted by applicable federal

 

 

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1 statutes and regulations safeguarding the confidentiality of
2 medical records.
3     An individual licensed under this Act and affected under
4 this Section shall be afforded an opportunity to demonstrate to
5 the Department that he or she can resume practice in compliance
6 with acceptable and prevailing standards under the provisions
7 of his or her license.
8 (Source: P.A. 95-703, eff. 12-31-07.)
 
9     Section 115. The Podiatric Medical Practice Act of 1987 is
10 amended by changing Section 24 as follows:
 
11     (225 ILCS 100/24)  (from Ch. 111, par. 4824)
12     (Section scheduled to be repealed on January 1, 2018)
13     Sec. 24. Grounds for disciplinary action. The Department
14 may refuse to issue, may refuse to renew, may refuse to
15 restore, may suspend, or may revoke any license, or may place
16 on probation, reprimand or take other disciplinary or
17 non-disciplinary action as the Department may deem proper,
18 including fines not to exceed $10,000 for each violation upon
19 anyone licensed under this Act for any of the following
20 reasons:
21         (1) Making a material misstatement in furnishing
22     information to the Department.
23         (2) Violations of this Act, or of the rules or
24     regulations promulgated hereunder.

 

 

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1         (3) Conviction of or entry of a plea of guilty or nolo
2     contendere to any crime that is a felony under the laws of
3     the United States or any state or territory of the United
4     States that is a misdemeanor, of which an essential element
5     is dishonesty, or of any crime that is directly related to
6     the practice of the profession.
7         (4) Making any misrepresentation for the purpose of
8     obtaining licenses, or violating any provision of this Act
9     or the rules promulgated thereunder pertaining to
10     advertising.
11         (5) Professional incompetence.
12         (6) Gross or repeated malpractice or negligence.
13         (7) Aiding or assisting another person in violating any
14     provision of this Act or rules.
15         (8) Failing, within 30 days, to provide information in
16     response to a written request made by the Department.
17         (9) Engaging in dishonorable, unethical or
18     unprofessional conduct of a character likely to deceive,
19     defraud or harm the public.
20         (10) Habitual or excessive use of alcohol, narcotics,
21     stimulants or other chemical agent or drug that results in
22     the inability to practice podiatric medicine with
23     reasonable judgment, skill or safety.
24         (11) Discipline by another United States jurisdiction
25     if at least one of the grounds for the discipline is the
26     same or substantially equivalent to those set forth in this

 

 

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1     Section.
2         (12) Directly or indirectly giving to or receiving from
3     any person, firm, corporation, partnership or association
4     any fee, commission, rebate or other form of compensation
5     for any professional services not actually or personally
6     rendered. This shall not be deemed to include rent or other
7     remunerations paid to an individual, partnership, or
8     corporation, by a licensee, for the lease, rental or use of
9     space, owned or controlled, by the individual, partnership
10     or corporation.
11         (13) A finding by the Podiatric Medical Licensing Board
12     that the licensee, after having his or her license placed
13     on probationary status, has violated the terms of
14     probation.
15         (14) Abandonment of a patient.
16         (15) 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         (16) Willfully failing to report an instance of
20     suspected child abuse or neglect as required by the Abused
21     and Neglected Child Report Act.
22         (17) Physical illness, mental illness, or other
23     impairment, including but not limited to, deterioration
24     through the aging process, or loss of motor skill that
25     results in the inability to practice the profession with
26     reasonable judgment, skill or safety.

 

 

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1         (18) Solicitation of professional services other than
2     permitted advertising.
3         (19) The determination by a circuit court that a
4     licensed podiatric physician is subject to involuntary
5     admission or judicial admission as provided in the Mental
6     Health and Developmental Disabilities Code operates as an
7     automatic suspension. Such suspension will end only upon a
8     finding by a court that the patient is no longer subject to
9     involuntary admission or judicial admission and issues an
10     order so finding and discharging the patient; and upon the
11     recommendation of the Podiatric Medical Licensing Board to
12     the Secretary that the licensee be allowed to resume his or
13     her practice.
14         (20) Holding oneself out to treat human ailments under
15     any name other than his or her own, or the impersonation of
16     any other physician.
17         (21) Revocation or suspension or other action taken
18     with respect to a podiatric medical license in another
19     jurisdiction that would constitute disciplinary action
20     under this Act.
21         (22) 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     podiatric physician.
25         (23) Gross, willful, and continued overcharging for
26     professional services including filing false statements

 

 

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1     for collection of fees for those services, including, but
2     not limited to, filing false statement for collection of
3     monies for services not rendered from the medical
4     assistance program of the Department of Healthcare and
5     Family Services (formerly Department of Public Aid) under
6     the Illinois Public Aid Code or other private or public
7     third party payor.
8         (24) 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.
15         (25) Willfully making or filing false records or
16     reports in the practice of podiatric medicine, including,
17     but not limited to, false records to support claims against
18     the medical assistance program of the Department of
19     Healthcare and Family Services (formerly Department of
20     Public Aid) under the Illinois Public Aid Code.
21         (26) (Blank).
22         (27) Immoral conduct in the commission of any act
23     including, sexual abuse, sexual misconduct, or sexual
24     exploitation, related to the licensee's practice.
25         (28) Violation of the Health Care Worker Self-Referral
26     Act.

 

 

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1         (29) Failure to report to the Department any adverse
2     final action taken against him or her by another licensing
3     jurisdiction (another state or a territory of the United
4     States or a foreign state or country) by a peer review
5     body, by any health care institution, by a professional
6     society or association related to practice under this Act,
7     by a governmental agency, by a law enforcement agency, or
8     by a court for acts or conduct similar to acts or conduct
9     that would constitute grounds for action as defined in this
10     Section.
11         (30) Violating any provision of the Internet
12     Prescribing Prohibition Act.
13     The Department may refuse to issue or may suspend the
14 license of any person who fails to file a return, or to pay the
15 tax, penalty or interest shown in a filed return, or to pay any
16 final assessment of tax, penalty or interest, as required by
17 any tax Act administered by the Illinois Department of Revenue,
18 until such time as the requirements of any such tax Act are
19 satisfied.
20     Upon receipt of a written communication from the Secretary
21 of Human Services, the Director of Healthcare and Family
22 Services (formerly Director of Public Aid), or the Director of
23 Public Health that continuation of practice of a person
24 licensed under this Act constitutes an immediate danger to the
25 public, the Secretary may immediately suspend the license of
26 such person without a hearing. In instances in which the

 

 

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1 Secretary immediately suspends a license under this Section, a
2 hearing upon such person's license must be convened by the
3 Board within 15 days after such suspension and completed
4 without appreciable delay, such hearing held to determine
5 whether to recommend to the Secretary that the person's license
6 be revoked, suspended, placed on probationary status or
7 reinstated, or such person be subject to other disciplinary
8 action. In such hearing, the written communication and any
9 other evidence submitted therewith may be introduced as
10 evidence against such person; provided, however, the person or
11 his counsel shall have the opportunity to discredit or impeach
12 such evidence and submit evidence rebutting the same.
13     Except for fraud in procuring a license, all proceedings to
14 suspend, revoke, place on probationary status, or take any
15 other disciplinary action as the Department may deem proper,
16 with regard to a license on any of the foregoing grounds, must
17 be commenced within 5 years after receipt by the Department of
18 a complaint alleging the commission of or notice of the
19 conviction order for any of the acts described in this Section.
20 Except for the grounds set forth in items (8), (9), (26), and
21 (29) of this Section, no action shall be commenced more than 10
22 years after the date of the incident or act alleged to have
23 been a violation of this Section. In the event of the
24 settlement of any claim or cause of action in favor of the
25 claimant or the reduction to final judgment of any civil action
26 in favor of the plaintiff, such claim, cause of action, or

 

 

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1 civil action being grounded on the allegation that a person
2 licensed under this Act was negligent in providing care, the
3 Department shall have an additional period of 2 years from the
4 date of notification to the Department under Section 26 of this
5 Act of such settlement or final judgment in which to
6 investigate and commence formal disciplinary proceedings under
7 Section 24 of this Act, except as otherwise provided by law.
8 The time during which the holder of the license was outside the
9 State of Illinois shall not be included within any period of
10 time limiting the commencement of disciplinary action by the
11 Department.
12     In enforcing this Section, the Department or Board upon a
13 showing of a possible violation may compel an individual
14 licensed to practice under this Act, or who has applied for
15 licensure under this Act, to submit to a mental or physical
16 examination, or both, as required by and at the expense of the
17 Department. The Department or Board may order the examining
18 physician to present testimony concerning the mental or
19 physical examination of the licensee or applicant. No
20 information shall be excluded by reason of any common law or
21 statutory privilege relating to communications between the
22 licensee or applicant and the examining physician. The
23 examining physicians shall be specifically designated by the
24 Board or Department. The individual to be examined may have, at
25 his or her own expense, another physician of his or her choice
26 present during all aspects of this examination. Failure of an

 

 

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1 individual to submit to a mental or physical examination, when
2 directed, shall be grounds for suspension of his or her license
3 until the individual submits to the examination if the
4 Department finds, after notice and hearing, that the refusal to
5 submit to the examination was without reasonable cause.
6     If the Department or Board finds an individual unable to
7 practice because of the reasons set forth in this Section, the
8 Department or Board may require that individual to submit to
9 care, counseling, or treatment by physicians approved or
10 designated by the Department or Board, as a condition, term, or
11 restriction for continued, reinstated, or renewed licensure to
12 practice; or, in lieu of care, counseling, or treatment, the
13 Department may file, or the Board may recommend to the
14 Department to file, a complaint to immediately suspend, revoke,
15 or otherwise discipline the license of the individual. An
16 individual whose license was granted, continued, reinstated,
17 renewed, disciplined or supervised subject to such terms,
18 conditions, or restrictions, and who fails to comply with such
19 terms, conditions, or restrictions, shall be referred to the
20 Secretary for a determination as to whether the individual
21 shall have his or her license suspended immediately, pending a
22 hearing by the Department.
23     In instances in which the Secretary immediately suspends a
24 person's license under this Section, a hearing on that person's
25 license must be convened by the Department within 30 days after
26 the suspension and completed without appreciable delay. The

 

 

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1 Department and Board shall have the authority to review the
2 subject individual's record of treatment and counseling
3 regarding the impairment to the extent permitted by applicable
4 federal statutes and regulations safeguarding the
5 confidentiality of medical records.
6     An individual licensed under this Act and affected under
7 this Section shall be afforded an opportunity to demonstrate to
8 the Department or Board that he or she can resume practice in
9 compliance with acceptable and prevailing standards under the
10 provisions of his or her license.
11 (Source: P.A. 95-235, eff. 8-17-07; 95-331, eff. 8-21-07.)
 
12     Section 120. The Veterinary Medicine and Surgery Practice
13 Act of 2004 is amended by changing Section 25 as follows:
 
14     (225 ILCS 115/25)  (from Ch. 111, par. 7025)
15     (Section scheduled to be repealed on January 1, 2014)
16     Sec. 25. Disciplinary actions.
17     1. The Department may refuse to issue or renew, or may
18 revoke, suspend, place on probation, reprimand, or take other
19 disciplinary action as the Department may deem appropriate,
20 including fines not to exceed $1,000 for each violation, with
21 regard to any license or certificate for any one or combination
22 of the following:
23         A. Material misstatement in furnishing information to
24     the Department.

 

 

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1         B. Violations of this Act, or of the rules promulgated
2     under this Act.
3         C. Conviction of any crime under the laws of the United
4     States or any state or territory of the United States that
5     is a felony or that is a misdemeanor, an essential element
6     of which is dishonesty, or of any crime that is directly
7     related to the practice of the profession.
8         D. Making any misrepresentation for the purpose of
9     obtaining licensure or certification, or violating any
10     provision of this Act or the rules promulgated under this
11     Act pertaining to advertising.
12         E. Professional incompetence.
13         F. Gross malpractice.
14         G. Aiding or assisting another person in violating any
15     provision of this Act or rules.
16         H. Failing, within 60 days, to provide information in
17     response to a written request made by the Department.
18         I. Engaging in dishonorable, unethical, or
19     unprofessional conduct of a character likely to deceive,
20     defraud or harm the public.
21         J. Habitual or excessive use or addiction to alcohol,
22     narcotics, stimulants, or any other chemical agent or drug
23     that results in the inability to practice with reasonable
24     judgment, skill, or safety.
25         K. Discipline by another state, District of Columbia,
26     territory, or foreign nation, if at least one of the

 

 

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1     grounds for the discipline is the same or substantially
2     equivalent to those set forth herein.
3         L. Directly or indirectly giving to or receiving from
4     any person, firm, corporation, partnership or association
5     any fee, commission, rebate or other form of compensation
6     for professional services not actually or personally
7     rendered.
8         M. A finding by the Board that the licensee or
9     certificate holder, after having his license or
10     certificate placed on probationary status, has violated
11     the terms of probation.
12         N. Willfully making or filing false records or reports
13     in his practice, including but not limited to false records
14     filed with State agencies or departments.
15         O. Physical illness, including but not limited to,
16     deterioration through the aging process, or loss of motor
17     skill which results in the inability to practice the
18     profession with reasonable judgement, skill or safety.
19         P. Solicitation of professional services other than
20     permitted advertising.
21         Q. Having professional connection with or lending
22     one's name, directly or indirectly, to any illegal
23     practitioner of veterinary medicine and surgery and the
24     various branches thereof.
25         R. Conviction of or cash compromise of a charge or
26     violation of the Harrison Act or the Illinois Controlled

 

 

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1     Substances Act, regulating narcotics.
2         S. Fraud or dishonesty in applying, treating, or
3     reporting on tuberculin or other biological tests.
4         T. Failing to report, as required by law, or making
5     false report of any contagious or infectious diseases.
6         U. Fraudulent use or misuse of any health certificate,
7     shipping certificate, brand inspection certificate, or
8     other blank forms used in practice that might lead to the
9     dissemination of disease or the transportation of diseased
10     animals dead or alive; or dilatory methods, willful
11     neglect, or misrepresentation in the inspection of milk,
12     meat, poultry, and the by-products thereof.
13         V. Conviction on a charge of cruelty to animals.
14         W. Failure to keep one's premises and all equipment
15     therein in a clean and sanitary condition.
16         X. Failure to provide satisfactory proof of having
17     participated in approved continuing education programs.
18         Y. Failure to (i) file a return, (ii) pay the tax,
19     penalty, or interest shown in a filed return, or (iii) pay
20     any final assessment of tax, penalty, or interest, as
21     required by any tax Act administered by the Illinois
22     Department of Revenue, until the requirements of that tax
23     Act are satisfied.
24         Z. Conviction by any court of competent jurisdiction,
25     either within or outside this State, of any violation of
26     any law governing the practice of veterinary medicine, if

 

 

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1     the Department determines, after investigation, that the
2     person has not been sufficiently rehabilitated to warrant
3     the public trust.
4         AA. Promotion of the sale of drugs, devices,
5     appliances, or goods provided for a patient in any manner
6     to exploit the client for financial gain of the
7     veterinarian.
8         BB. Gross, willful, or continued overcharging for
9     professional services, including filing false statements
10     for collection of fees for which services are not rendered.
11         CC. Practicing under a false or, except as provided by
12     law, an assumed name.
13         DD. Fraud or misrepresentation in applying for, or
14     procuring, a license under this Act or in connection with
15     applying for renewal of a license under this Act.
16         EE. Cheating on or attempting to subvert the licensing
17     examination administered under this Act.
18         FF. Using, prescribing, or selling a prescription drug
19     or the extra-label use of a prescription drug by any means
20     in the absence of a valid veterinarian-client-patient
21     relationship.
22         GG. Failing to report a case of suspected aggravated
23     cruelty, torture, or animal fighting pursuant to Section
24     3.07 or 4.01 of the Humane Care for Animals Act or Section
25     26-5 of the Criminal Code of 1961.
26         HH. Violating any provision of the Internet

 

 

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1     Prescribing Prohibition Act.
2     2. The determination by a circuit court that a licensee or
3 certificate holder is subject to involuntary admission or
4 judicial admission as provided in the Mental Health and
5 Developmental Disabilities Code operates as an automatic
6 suspension. The suspension will end only upon a finding by a
7 court that the patient is no longer subject to involuntary
8 admission or judicial admission and issues an order so finding
9 and discharging the patient; and upon the recommendation of the
10 Board to the Director that the licensee or certificate holder
11 be allowed to resume his practice.
12     3. All proceedings to suspend, revoke, place on
13 probationary status, or take any other disciplinary action as
14 the Department may deem proper, with regard to a license or
15 certificate on any of the foregoing grounds, must be commenced
16 within 3 years after receipt by the Department of a complaint
17 alleging the commission of or notice of the conviction order
18 for any of the acts described in this Section. Except for
19 proceedings brought for violations of items (CC), (DD), or
20 (EE), no action shall be commenced more than 5 years after the
21 date of the incident or act alleged to have violated this
22 Section. In the event of the settlement of any claim or cause
23 of action in favor of the claimant or the reduction to final
24 judgment of any civil action in favor of the plaintiff, the
25 claim, cause of action, or civil action being grounded on the
26 allegation that a person licensed or certified under this Act

 

 

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1 was negligent in providing care, the Department shall have an
2 additional period of one year from the date of the settlement
3 or final judgment in which to investigate and begin formal
4 disciplinary proceedings under Section 25.2 of this Act, except
5 as otherwise provided by law. The time during which the holder
6 of the license or certificate was outside the State of Illinois
7 shall not be included within any period of time limiting the
8 commencement of disciplinary action by the Department.
9     4. The Department may refuse to issue or take disciplinary
10 action concerning the license of any person who fails to file a
11 return, to pay the tax, penalty, or interest shown in a filed
12 return, or to pay any final assessment of tax, penalty, or
13 interest as required by any tax Act administered by the
14 Department of Revenue, until such time as the requirements of
15 any such tax Act are satisfied as determined by the Department
16 of Revenue.
17     5. In enforcing this Section, the Board, upon a showing of
18 a possible violation, may compel a licensee or applicant to
19 submit to a mental or physical examination, or both, as
20 required by and at the expense of the Department. The examining
21 physicians or clinical psychologists shall be those
22 specifically designated by the Board. The Board or the
23 Department may order (i) the examining physician to present
24 testimony concerning the mental or physical examination of a
25 licensee or applicant or (ii) the examining clinical
26 psychologist to present testimony concerning the mental

 

 

HB4391 Engrossed - 60 - LRB095 16910 KBJ 42954 b

1 examination of a licensee or applicant. No information shall be
2 excluded by reason of any common law or statutory privilege
3 relating to communications between a licensee or applicant and
4 the examining physician or clinical psychologist. An
5 individual to be examined may have, at his or her own expense,
6 another physician or clinical psychologist of his or her choice
7 present during all aspects of the examination. Failure of an
8 individual to submit to a mental or physical examination, when
9 directed, is grounds for suspension of his or her license. The
10 license must remain suspended until the person submits to the
11 examination or the Board finds, after notice and hearing, that
12 the refusal to submit to the examination was with reasonable
13 cause.
14     If the Board finds an individual unable to practice because
15 of the reasons set forth in this Section, the Board must
16 require the individual to submit to care, counseling, or
17 treatment by a physician or clinical psychologist approved by
18 the Board, as a condition, term, or restriction for continued,
19 reinstated, or renewed licensure to practice. In lieu of care,
20 counseling, or treatment, the Board may recommend that the
21 Department file a complaint to immediately suspend or revoke
22 the license of the individual or otherwise discipline the
23 licensee.
24     Any individual whose license was granted, continued,
25 reinstated, or renewed subject to conditions, terms, or
26 restrictions, as provided for in this Section, or any

 

 

HB4391 Engrossed - 61 - LRB095 16910 KBJ 42954 b

1 individual who was disciplined or placed on supervision
2 pursuant to this Section must be referred to the Director for a
3 determination as to whether the person shall have his or her
4 license suspended immediately, pending a hearing by the Board.
5 (Source: P.A. 93-281, eff. 12-31-03.)