Full Text of SB0069 96th General Assembly
SB0069 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0069
Introduced 1/30/2009, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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225 ILCS 60/22 |
from Ch. 111, par. 4400-22 |
225 ILCS 60/22.2 new |
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Amends the Medical Practice Act of 1987. Makes changes concerning the prohibition against fee splitting. Effective immediately.
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A BILL FOR
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SB0069 |
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LRB096 04135 ASK 14176 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Medical Practice Act of 1987 is amended by | 5 |
| changing Section 22 and adding Section 22.2 as follows:
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| (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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| (Section scheduled to be repealed on December 31, 2010)
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| Sec. 22. Disciplinary action.
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| (A) The Department may revoke, suspend, place on | 10 |
| probationary
status, refuse to renew, or take any other | 11 |
| disciplinary action as the Department may deem proper
with | 12 |
| regard to the license or visiting professor permit of any | 13 |
| person issued
under this Act to practice medicine, or to treat | 14 |
| human ailments without the use
of drugs and without operative | 15 |
| surgery upon any of the following grounds:
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| (1) Performance of an elective abortion in any place, | 17 |
| locale,
facility, or
institution other than:
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| (a) a facility licensed pursuant to the Ambulatory | 19 |
| Surgical Treatment
Center Act;
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| (b) an institution licensed under the Hospital | 21 |
| Licensing Act; or
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| (c) an ambulatory surgical treatment center or | 23 |
| hospitalization or care
facility maintained by the |
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| State or any agency thereof, where such department
or | 2 |
| agency has authority under law to establish and enforce | 3 |
| standards for the
ambulatory surgical treatment | 4 |
| centers, hospitalization, or care facilities
under its | 5 |
| management and control; or
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| (d) ambulatory surgical treatment centers, | 7 |
| hospitalization or care
facilities maintained by the | 8 |
| Federal Government; or
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| (e) ambulatory surgical treatment centers, | 10 |
| hospitalization or care
facilities maintained by any | 11 |
| university or college established under the laws
of | 12 |
| this State and supported principally by public funds | 13 |
| raised by
taxation.
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| (2) Performance of an abortion procedure in a wilful | 15 |
| and wanton
manner on a
woman who was not pregnant at the | 16 |
| time the abortion procedure was
performed.
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| (3) The conviction of a felony in this or any other
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| jurisdiction, except as
otherwise provided in subsection B | 19 |
| of this Section, whether or not related to
practice under | 20 |
| this Act, or the entry of a guilty or nolo contendere plea | 21 |
| to a
felony charge.
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| (4) Gross negligence in practice under this Act.
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| (5) Engaging in dishonorable, unethical or | 24 |
| unprofessional
conduct of a
character likely to deceive, | 25 |
| defraud or harm the public.
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| (6) Obtaining any fee by fraud, deceit, or
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| misrepresentation.
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| (7) Habitual or excessive use or abuse of drugs defined | 3 |
| in law
as
controlled substances, of alcohol, or of any | 4 |
| other substances which results in
the inability to practice | 5 |
| with reasonable judgment, skill or safety.
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| (8) Practicing under a false or, except as provided by | 7 |
| law, an
assumed
name.
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| (9) Fraud or misrepresentation in applying for, or | 9 |
| procuring, a
license
under this Act or in connection with | 10 |
| applying for renewal of a license under
this Act.
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| (10) Making a false or misleading statement regarding | 12 |
| their
skill or the
efficacy or value of the medicine, | 13 |
| treatment, or remedy prescribed by them at
their direction | 14 |
| in the treatment of any disease or other condition of the | 15 |
| body
or mind.
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| (11) Allowing another person or organization to use | 17 |
| their
license, procured
under this Act, to practice.
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| (12) Disciplinary action of another state or | 19 |
| jurisdiction
against a license
or other authorization to | 20 |
| practice as a medical doctor, doctor of osteopathy,
doctor | 21 |
| of osteopathic medicine or
doctor of chiropractic, a | 22 |
| certified copy of the record of the action taken by
the | 23 |
| other state or jurisdiction being prima facie evidence | 24 |
| thereof.
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| (13) Violation of any provision of this Act or of the | 26 |
| Medical
Practice Act
prior to the repeal of that Act, or |
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| violation of the rules, or a final
administrative action of | 2 |
| the Secretary, after consideration of the
recommendation | 3 |
| of the Disciplinary Board.
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| (14) Violation of the prohibition against fee | 5 |
| splitting in Section 22.2 of this Act. Dividing with anyone | 6 |
| other than physicians with whom the
licensee
practices in a | 7 |
| partnership, Professional Association, limited liability
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| company, or Medical or Professional
Corporation any fee, | 9 |
| commission, rebate or other form of compensation for any
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| professional services not actually and personally | 11 |
| rendered. Nothing contained
in this subsection prohibits | 12 |
| persons holding valid and current licenses under
this Act | 13 |
| from practicing medicine in partnership under a | 14 |
| partnership
agreement, including a limited liability | 15 |
| partnership, in a limited liability
company under the | 16 |
| Limited Liability Company Act, in a corporation authorized | 17 |
| by
the Medical Corporation Act, as an
association | 18 |
| authorized by the Professional Association Act, or in a
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| corporation under the
Professional Corporation Act or from | 20 |
| pooling, sharing, dividing or
apportioning the fees and | 21 |
| monies received by them or by the partnership,
corporation | 22 |
| or association in accordance with the partnership | 23 |
| agreement or the
policies of the Board of Directors of the | 24 |
| corporation or association. Nothing
contained in this | 25 |
| subsection prohibits 2 or more corporations authorized by | 26 |
| the
Medical Corporation Act, from forming a partnership or |
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| joint venture of such
corporations, and providing medical, | 2 |
| surgical and scientific research and
knowledge by | 3 |
| employees of these corporations if such employees are | 4 |
| licensed
under this Act, or from pooling, sharing, | 5 |
| dividing, or apportioning the fees
and monies received by | 6 |
| the partnership or joint venture in accordance with the
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| partnership or joint venture agreement. Nothing contained | 8 |
| in this subsection
shall abrogate the right of 2 or more | 9 |
| persons, holding valid and current
licenses under this Act, | 10 |
| to each receive adequate compensation for concurrently
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| rendering professional services to a patient and divide a | 12 |
| fee; provided, the
patient has full knowledge of the | 13 |
| division, and, provided, that the division is
made in | 14 |
| proportion to the services performed and responsibility | 15 |
| assumed by
each.
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| (15) A finding by the Medical Disciplinary Board that | 17 |
| the
registrant after
having his or her license placed on | 18 |
| probationary status or subjected to
conditions or | 19 |
| restrictions violated the terms of the probation or failed | 20 |
| to
comply with such terms or conditions.
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| (16) Abandonment of a patient.
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| (17) Prescribing, selling, administering, | 23 |
| distributing, giving
or
self-administering any drug | 24 |
| classified as a controlled substance (designated
product) | 25 |
| or narcotic for other than medically accepted therapeutic
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| purposes.
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| (18) Promotion of the sale of drugs, devices, | 2 |
| appliances or
goods provided
for a patient in such manner | 3 |
| as to exploit the patient for financial gain of
the | 4 |
| physician.
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| (19) Offering, undertaking or agreeing to cure or treat
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| disease by a secret
method, procedure, treatment or | 7 |
| medicine, or the treating, operating or
prescribing for any | 8 |
| human condition by a method, means or procedure which the
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| licensee refuses to divulge upon demand of the Department.
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| (20) Immoral conduct in the commission of any act | 11 |
| including,
but not limited to, commission of an act of | 12 |
| sexual misconduct related to the
licensee's
practice.
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| (21) Wilfully making or filing false records or reports | 14 |
| in his
or her
practice as a physician, including, but not | 15 |
| limited to, false records to
support claims against the | 16 |
| medical assistance program of the Department of Healthcare | 17 |
| and Family Services (formerly Department of
Public Aid)
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| under the Illinois Public Aid Code.
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| (22) Wilful omission to file or record, or wilfully | 20 |
| impeding
the filing or
recording, or inducing another | 21 |
| person to omit to file or record, medical
reports as | 22 |
| required by law, or wilfully failing to report an instance | 23 |
| of
suspected abuse or neglect as required by law.
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| (23) Being named as a perpetrator in an indicated | 25 |
| report by
the Department
of Children and Family Services | 26 |
| under the Abused and Neglected Child Reporting
Act, and |
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| upon proof by clear and convincing evidence that the | 2 |
| licensee has
caused a child to be an abused child or | 3 |
| neglected child as defined in the
Abused and Neglected | 4 |
| Child Reporting Act.
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| (24) Solicitation of professional patronage by any
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| corporation, agents or
persons, or profiting from those | 7 |
| representing themselves to be agents of the
licensee.
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| (25) Gross and wilful and continued overcharging for
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| professional services,
including filing false statements | 10 |
| for collection of fees for which services are
not rendered, | 11 |
| including, but not limited to, filing such false statements | 12 |
| for
collection of monies for services not rendered from the | 13 |
| medical assistance
program of the Department of Healthcare | 14 |
| and Family Services (formerly Department of Public Aid)
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| under the Illinois Public Aid
Code.
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| (26) A pattern of practice or other behavior which
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| demonstrates
incapacity
or incompetence to practice under | 18 |
| this Act.
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| (27) Mental illness or disability which results in the
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| inability to
practice under this Act with reasonable | 21 |
| judgment, skill or safety.
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| (28) Physical illness, including, but not limited to,
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| deterioration through
the aging process, or loss of motor | 24 |
| skill which results in a physician's
inability to practice | 25 |
| under this Act with reasonable judgment, skill or
safety.
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| (29) Cheating on or attempt to subvert the licensing
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| examinations
administered under this Act.
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| (30) Wilfully or negligently violating the | 3 |
| confidentiality
between
physician and patient except as | 4 |
| required by law.
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| (31) The use of any false, fraudulent, or deceptive | 6 |
| statement
in any
document connected with practice under | 7 |
| this Act.
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| (32) Aiding and abetting an individual not licensed | 9 |
| under this
Act in the
practice of a profession licensed | 10 |
| under this Act.
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| (33) Violating state or federal laws or regulations | 12 |
| relating
to controlled
substances, legend
drugs, or | 13 |
| ephedra, as defined in the Ephedra Prohibition Act.
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| (34) Failure to report to the Department any adverse | 15 |
| final
action taken
against them by another licensing | 16 |
| jurisdiction (any other state or any
territory of the | 17 |
| United States or any foreign state or country), by any peer
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| review body, by any health care institution, by any | 19 |
| professional society or
association related to practice | 20 |
| under this Act, by any governmental agency, by
any law | 21 |
| enforcement agency, or by any court for acts or conduct | 22 |
| similar to acts
or conduct which would constitute grounds | 23 |
| for action as defined in this
Section.
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| (35) Failure to report to the Department surrender of a
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| license or
authorization to practice as a medical doctor, a | 26 |
| doctor of osteopathy, a
doctor of osteopathic medicine, or |
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| doctor
of chiropractic in another state or jurisdiction, or | 2 |
| surrender of membership on
any medical staff or in any | 3 |
| medical or professional association or society,
while | 4 |
| under disciplinary investigation by any of those | 5 |
| authorities or bodies,
for acts or conduct similar to acts | 6 |
| or conduct which would constitute grounds
for action as | 7 |
| defined in this Section.
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| (36) Failure to report to the Department any adverse | 9 |
| judgment,
settlement,
or award arising from a liability | 10 |
| claim related to acts or conduct similar to
acts or conduct | 11 |
| which would constitute grounds for action as defined in | 12 |
| this
Section.
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| (37) Failure to transfer copies of medical records as | 14 |
| required
by law.
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| (38) Failure to furnish the Department, its | 16 |
| investigators or
representatives, relevant information, | 17 |
| legally requested by the Department
after consultation | 18 |
| with the Chief Medical Coordinator or the Deputy Medical
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| Coordinator.
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| (39) Violating the Health Care Worker Self-Referral
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| Act.
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| (40) Willful failure to provide notice when notice is | 23 |
| required
under the
Parental Notice of Abortion Act of 1995.
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| (41) Failure to establish and maintain records of | 25 |
| patient care and
treatment as required by this law.
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| (42) Entering into an excessive number of written |
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| collaborative
agreements with licensed advanced practice | 2 |
| nurses resulting in an inability to
adequately collaborate | 3 |
| and provide medical direction.
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| (43) Repeated failure to adequately collaborate with | 5 |
| or provide medical
direction to a licensed advanced | 6 |
| practice nurse.
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| Except
for actions involving the ground numbered (26), all | 8 |
| proceedings to suspend,
revoke, place on probationary status, | 9 |
| or take any
other disciplinary action as the Department may | 10 |
| deem proper, with regard to a
license on any of the foregoing | 11 |
| grounds, must be commenced within 5 years next
after receipt by | 12 |
| the Department of a complaint alleging the commission of or
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| notice of the conviction order for any of the acts described | 14 |
| herein. Except
for the grounds numbered (8), (9), (26), and | 15 |
| (29), no action shall be commenced more
than 10 years after the | 16 |
| date of the incident or act alleged to have violated
this | 17 |
| Section. For actions involving the ground numbered (26), a | 18 |
| pattern of practice or other behavior includes all incidents | 19 |
| alleged to be part of the pattern of practice or other behavior | 20 |
| that occurred or a report pursuant to Section 23 of this Act | 21 |
| received within the 10-year period preceding the filing of the | 22 |
| complaint. 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, such | 25 |
| claim, cause of action or civil action being
grounded on the | 26 |
| allegation that a person licensed under this Act was negligent
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| in providing care, the Department shall have an additional | 2 |
| period of 2 years
from the date of notification to the | 3 |
| Department under Section 23 of this Act
of such settlement or | 4 |
| final judgment in which to investigate and
commence formal | 5 |
| disciplinary proceedings under Section 36 of this Act, except
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| as otherwise provided by law. The time during which the holder | 7 |
| of the license
was outside the State of Illinois shall not be | 8 |
| included within any period of
time limiting the commencement of | 9 |
| disciplinary action by the Department.
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| The entry of an order or judgment by any circuit court | 11 |
| establishing that any
person holding a license under this Act | 12 |
| is a person in need of mental treatment
operates as a | 13 |
| suspension of that license. That person may resume their
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| practice only upon the entry of a Departmental order based upon | 15 |
| a finding by
the Medical Disciplinary Board that they have been | 16 |
| determined to be recovered
from mental illness by the court and | 17 |
| upon the Disciplinary Board's
recommendation that they be | 18 |
| permitted to resume their practice.
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| The Department may refuse to issue or take disciplinary | 20 |
| action concerning the license of any person
who fails to file a | 21 |
| return, or to pay the tax, penalty or interest shown in a
filed | 22 |
| return, or to pay any final assessment of tax, penalty or | 23 |
| interest, as
required by any tax Act administered by the | 24 |
| Illinois Department of Revenue,
until such time as the | 25 |
| requirements of any such tax Act are satisfied as
determined by | 26 |
| the Illinois Department of Revenue.
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| The Department, upon the recommendation of the | 2 |
| Disciplinary Board, shall
adopt rules which set forth standards | 3 |
| to be used in determining:
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| (a) when a person will be deemed sufficiently | 5 |
| rehabilitated to warrant the
public trust;
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| (b) what constitutes dishonorable, unethical or | 7 |
| unprofessional conduct of
a character likely to deceive, | 8 |
| defraud, or harm the public;
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| (c) what constitutes immoral conduct in the commission | 10 |
| of any act,
including, but not limited to, commission of an | 11 |
| act of sexual misconduct
related
to the licensee's | 12 |
| practice; and
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| (d) what constitutes gross negligence in the practice | 14 |
| of medicine.
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| However, no such rule shall be admissible into evidence in | 16 |
| any civil action
except for review of a licensing or other | 17 |
| disciplinary action under this Act.
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| In enforcing this Section, the Medical Disciplinary Board,
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| upon a showing of a possible violation, may compel any | 20 |
| individual licensed to
practice under this Act, or who has | 21 |
| applied for licensure or a permit
pursuant to this Act, to | 22 |
| submit to a mental or physical examination, or both,
as | 23 |
| required by and at the expense of the Department. The examining | 24 |
| physician
or physicians shall be those specifically designated | 25 |
| by the Disciplinary Board.
The Medical Disciplinary Board or | 26 |
| the Department may order the examining
physician to present |
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| testimony concerning this mental or physical examination
of the | 2 |
| licensee or applicant. No information shall be excluded by | 3 |
| reason of
any common
law or statutory privilege relating to | 4 |
| communication between the licensee or
applicant and
the | 5 |
| examining physician.
The individual to be examined may have, at | 6 |
| his or her own expense, another
physician of his or her choice | 7 |
| present during all aspects of the examination.
Failure of any | 8 |
| individual to submit to mental or physical examination, when
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| directed, shall be grounds for suspension of his or her license | 10 |
| until such time
as the individual submits to the examination if | 11 |
| the Disciplinary Board finds,
after notice and hearing, that | 12 |
| the refusal to submit to the examination was
without reasonable | 13 |
| cause. If the Disciplinary Board finds a physician unable
to | 14 |
| practice because of the reasons set forth in this Section, the | 15 |
| Disciplinary
Board shall require such physician to submit to | 16 |
| care, counseling, or treatment
by physicians approved or | 17 |
| designated by the Disciplinary Board, as a condition
for | 18 |
| continued, reinstated, or renewed licensure to practice. Any | 19 |
| physician,
whose license was granted pursuant to Sections 9, | 20 |
| 17, or 19 of this Act, or,
continued, reinstated, renewed, | 21 |
| disciplined or supervised, subject to such
terms, conditions or | 22 |
| restrictions who shall fail to comply with such terms,
| 23 |
| conditions or restrictions, or to complete a required program | 24 |
| of care,
counseling, or treatment, as determined by the Chief | 25 |
| Medical Coordinator or
Deputy Medical Coordinators, shall be | 26 |
| referred to the Secretary for a
determination as to whether the |
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| licensee shall have their license suspended
immediately, | 2 |
| pending a hearing by the Disciplinary Board. In instances in
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| which the Secretary immediately suspends a license under this | 4 |
| Section, a hearing
upon such person's license must be convened | 5 |
| by the Disciplinary Board within 15
days after such suspension | 6 |
| and completed without appreciable delay. The
Disciplinary | 7 |
| Board shall have the authority to review the subject | 8 |
| physician's
record of treatment and counseling regarding the | 9 |
| impairment, to the extent
permitted by applicable federal | 10 |
| statutes and regulations safeguarding the
confidentiality of | 11 |
| medical records.
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| An individual licensed under this Act, affected under this | 13 |
| Section, shall be
afforded an opportunity to demonstrate to the | 14 |
| Disciplinary Board that they can
resume practice in compliance | 15 |
| with acceptable and prevailing standards under
the provisions | 16 |
| of their license.
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| The Department may promulgate rules for the imposition of | 18 |
| fines in
disciplinary cases, not to exceed
$10,000 for each | 19 |
| violation of this Act. Fines
may be imposed in conjunction with | 20 |
| other forms of disciplinary action, but
shall not be the | 21 |
| exclusive disposition of any disciplinary action arising out
of | 22 |
| conduct resulting in death or injury to a patient. Any funds | 23 |
| collected from
such fines shall be deposited in the Medical | 24 |
| Disciplinary Fund.
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| (B) The Department shall revoke the license or visiting
| 26 |
| permit of any person issued under this Act to practice medicine |
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| or to treat
human ailments without the use of drugs and without | 2 |
| operative surgery, who
has been convicted a second time of | 3 |
| committing any felony under the
Illinois Controlled Substances | 4 |
| Act or the Methamphetamine Control and Community Protection | 5 |
| Act, or who has been convicted a second time of
committing a | 6 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | 7 |
| Public
Aid Code. A person whose license or visiting permit is | 8 |
| revoked
under
this subsection B of Section 22 of this Act shall | 9 |
| be prohibited from practicing
medicine or treating human | 10 |
| ailments without the use of drugs and without
operative | 11 |
| surgery.
| 12 |
| (C) The Medical Disciplinary Board shall recommend to the
| 13 |
| Department civil
penalties and any other appropriate | 14 |
| discipline in disciplinary cases when the
Board finds that a | 15 |
| physician willfully performed an abortion with actual
| 16 |
| knowledge that the person upon whom the abortion has been | 17 |
| performed is a minor
or an incompetent person without notice as | 18 |
| required under the Parental Notice
of Abortion Act of 1995. | 19 |
| Upon the Board's recommendation, the Department shall
impose, | 20 |
| for the first violation, a civil penalty of $1,000 and for a | 21 |
| second or
subsequent violation, a civil penalty of $5,000.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; | 23 |
| 95-331, eff. 8-21-07 .)
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| (225 ILCS 60/22.2 new)
| 25 |
| (Section scheduled to be repealed on December 31, 2010) |
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| Sec. 22.2. Prohibition against fee splitting. | 2 |
| (a) A licensee under this Act may not directly or | 3 |
| indirectly divide any professional fee or other form of | 4 |
| compensation for professional services with anyone other than | 5 |
| any of the following: | 6 |
| (1) A licensed health care professional for services | 7 |
| actually and personally rendered. | 8 |
| (2) A licensed health care professional as permitted | 9 |
| pursuant to the Professional Service Corporation Act. | 10 |
| (3) A physician with whom the licensee practices in a | 11 |
| partnership, a professional association, a limited | 12 |
| liability company, or a Medical Corporation. | 13 |
| (b) Nothing contained in this Section prohibits persons | 14 |
| holding valid and current licenses under this Act from | 15 |
| practicing medicine in a partnership under a partnership | 16 |
| agreement, which may take any of the following forms: | 17 |
| (1) A limited liability partnership. | 18 |
| (2) A limited liability company under the Limited | 19 |
| Liability Company Act. | 20 |
| (3) A corporation authorized by the Medical | 21 |
| Corporation Act. | 22 |
| (4) An association authorized by the Professional | 23 |
| Association Act. | 24 |
| (5) A corporation under the Professional Service | 25 |
| Corporation Act. | 26 |
| (c) Nothing contained in this Section prohibits 2 or more |
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| corporations authorized by the Medical Corporation Act from | 2 |
| forming a partnership or joint venture and providing medical, | 3 |
| surgical, and scientific research and knowledge from employees | 4 |
| of these corporation if such employees are licensed under this | 5 |
| Act. | 6 |
| (d) Nothing contained in this Section prohibits a person, | 7 |
| partnership, corporation, association, or joint venture as set | 8 |
| out in subsections (b) and (c) of this Section from pooling, | 9 |
| sharing, dividing, or apportioning the fees and monies received | 10 |
| by them in accordance with the partnership agreement, policies | 11 |
| of the board of directors of the corporation or association, or | 12 |
| joint venture agreement. | 13 |
| (e) Nothing contained in this Section abrogates the right | 14 |
| of 2 or more persons holding valid and current licenses to each | 15 |
| receive adequate compensation for concurrently rendering | 16 |
| professional services to a patient and to divide a fee provided | 17 |
| that the patient has full knowledge of the division and the | 18 |
| division is made in proportion to the services performed and | 19 |
| responsibility assumed by each person. | 20 |
| (f) Nothing contained in this Section prohibits a licensee | 21 |
| from paying a reasonable fee based on a percentage of | 22 |
| professional service fees billed or collected, a flat fee, or | 23 |
| any other arrangement that divides professional fees, for the | 24 |
| administrative processing or collecting of the licensee's | 25 |
| charges for professional services, provided that the licensee | 26 |
| at all times controls the amount of fees charged and collected. |
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SB0069 |
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LRB096 04135 ASK 14176 b |
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| 1 |
| (g) Nothing contained in this Section prohibits the | 2 |
| granting of a security interest in the accounts receivable or | 3 |
| funds of a physician or the physician's practice for bona fide | 4 |
| advances made to the physician or physician's practice. | 5 |
| (h) Under no circumstances may a health care professional | 6 |
| fee be divided, shared, or split with another person for the | 7 |
| purpose of patient referrals.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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