SB0730sam002 96TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 3/12/2010

09600SB0730sam002 LRB096 06798 ASK 38841 a

AMENDMENT TO SENATE BILL 730

AMENDMENT NO. ______. Amend Senate Bill 730, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Medical Practice Act of 1987 is amended by adding Section 22.7 as follows:

(5 ILCS 5/22.7 new)

Sec. 22.7. Immediate suspension of license or permit for alleged violent or sexual felony against a patient. Notwithstanding any other provision of this Act, a person's license or permit under this Act shall be deemed immediately suspended by operation of law upon the filing of charges in any court against the person, whether by indictment or information, for a violent or sexual felony allegedly committed against his or her patient in the course of the doctor-patient relationship if the patient is either 18 years of age or under or 65 years of age or over. The State's Attorney shall promptly notify the Department of the filing of these charges against a person who is licensed or holds a permit under this Act.

Upon receipt of notification from the State's Attorney, the Department shall immediately notify the licensee or permit holder of his or her suspension. This notice shall be deposited in the United States mail, postage prepaid, to the last known address of the licensee or permit holder. The Department must convene a hearing within 15 days after it receives notice of the suspension from the State's Attorney in the same manner as a hearing convened under Section 25 of this Act. The hearing must be completed without appreciable delay.

The license or permit shall remain suspended until the first of the following occurs: (1) the Director, without appreciable delay, takes or declines action against the license or permit after the Disciplinary Board has concluded its hearing; (2) the criminal proceedings against the licensee or permit holder have concluded; or (3) 60 days have passed since the initial suspension of the license or permit.

Section 99. Effective date. This Act takes effect upon becoming law.".