Full Text of HB4515 100th General Assembly
HB4515eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title; references to Act. | 5 | | (a) Short title. This Act may be cited as the Lyme Disease | 6 | | Prevention and Protection Act. | 7 | | (b) References to Act. This Act may be referred to as the | 8 | | Lauryn Russell Lyme Disease Prevention and Protection Law. | 9 | | Section 5. Findings.
The General Assembly finds and | 10 | | declares the following:
| 11 | | (1) Lyme disease, a bacterial disease transmitted by | 12 | | infected ticks, was first recognized in the United States | 13 | | in 1975 after a mysterious outbreak of arthritis near Old | 14 | | Lyme, Connecticut. Since then, reports of Lyme disease have | 15 | | increased dramatically, and the disease has become an | 16 | | important public health concern.
| 17 | | (2) The Centers for Disease Control and Prevention | 18 | | states that the reported Lyme disease cases are numbered at | 19 | | 30,000 a year in the United States, but the actual burden | 20 | | of Lyme disease may actually be as high as 300,000 cases a | 21 | | year throughout the United States.
| 22 | | (3) The signs and symptoms of Lyme disease can vary | 23 | | greatly from one person to another, and symptoms can also |
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| 1 | | vary with the length of time a person has been infected. | 2 | | The initial symptoms of Lyme disease are similar to those | 3 | | of more common diseases, such as a flu-like illness without | 4 | | a cough or mononucleosis; it may or may not present | 5 | | Erythema Migrans, a "bulls eye" marking, which is the most | 6 | | common identifiable mark for Lyme disease, and many | 7 | | infected persons do not recall a tick bite; further | 8 | | symptoms can develop over time, including fever, severe | 9 | | headache, stiff neck, certain heart irregularities, | 10 | | temporary paralysis of facial muscles, pain with numbness | 11 | | or weakness in arms or legs, loss of concentration or | 12 | | memory problems, and, most commonly, Lyme arthritis.
| 13 | | (4) Not all ticks carry the bacterium of Lyme disease, | 14 | | and a bite does not always result in the development of | 15 | | Lyme disease. However, since it is impossible to tell by | 16 | | sight which ticks are infected, it is important to avoid | 17 | | tick bites whenever possible and to perform regular tick | 18 | | checks when traversing in tick-infested areas of the United | 19 | | States, any wooded areas, or any areas with tall grass and | 20 | | weeds. A person should seek assistance for early | 21 | | identification and treatment when Lyme disease symptoms or | 22 | | other tick-borne illness is suspected.
| 23 | | (5) Because Lyme disease is a complex illness, there is | 24 | | a continuous need to increase funding for Lyme disease | 25 | | diagnosis, treatment, and prevention. In 2015, the first | 26 | | major research program devoted to the causes and cures of |
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| 1 | | Lyme disease was established at Johns Hopkins School of | 2 | | Medicine as the Lyme Disease Clinical Research Center.
| 3 | | (6) Initial funding from federal grants has provided | 4 | | for research known as the Study of Lyme Disease Immunology | 5 | | and Clinical Events. The federal 21st Century Cures Act | 6 | | created a working group within the United States Department | 7 | | of Health and Human Services to improve outcomes of Lyme | 8 | | disease and to develop a plan for improving diagnosis, | 9 | | treatment, and prevention. However, there is still a need | 10 | | for more research on Lyme disease and efforts to promote | 11 | | awareness of its signs and symptoms, such as work with | 12 | | entomologists and veterinary epidemiologist whose current | 13 | | focus is on tick-borne infections and their distribution in | 14 | | the State of Illinois.
| 15 | | (7) People treated with appropriate antibiotics in the | 16 | | early stages of Lyme disease usually recover rapidly and | 17 | | completely. The National Institutes of Health has funded | 18 | | several studies on the treatment of Lyme disease that show | 19 | | most people recover when treated with antibiotics taken by | 20 | | mouth within a few weeks. In a small percentage of cases, | 21 | | symptoms such as fatigue and muscle aches can last for more | 22 | | than 6 months. Physicians sometimes describe patients who | 23 | | have non-specific symptoms, such as fatigue, pain, and | 24 | | joint and muscle aches, after the treatment of Lyme disease | 25 | | as having post-treatment Lyme disease syndrome or post Lyme | 26 | | disease syndrome. The cause of post-treatment Lyme disease |
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| 1 | | syndrome is not known.
| 2 | | (8) Co-infections by other tick-borne illnesses may | 3 | | complicate and lengthen the course of treatment. | 4 | | Section 10. Lyme Disease Prevention, Detection, and | 5 | | Outreach Program.
| 6 | | (a) The Department of Public Health shall establish a Lyme | 7 | | Disease Prevention, Detection, and Outreach Program. The | 8 | | Department shall continue to study the population of ticks | 9 | | carrying Lyme disease and the number of people infected in | 10 | | Illinois to provide data to the public on the incidence of | 11 | | acute Lyme disease and locations of exposure in Illinois by | 12 | | county. The Department shall partner with the University of | 13 | | Illinois to publish tick identification and testing data on the | 14 | | Department's website and work to expand testing to areas where | 15 | | new human cases are identified. The Department shall require | 16 | | health care professionals and laboratories to report acute Lyme | 17 | | disease cases within the time frame required under the Control | 18 | | of Communicable Diseases Code to the local health department. | 19 | | To coordinate this program, the Department shall continue to | 20 | | support a vector-borne disease epidemiologist coordinator who | 21 | | is responsible for overseeing the program. The Department shall | 22 | | train local health departments to respond to inquiries from the | 23 | | public.
| 24 | | (b) In addition to its overall effort to prevent acute | 25 | | disease in Illinois, in order to raise awareness about and |
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| 1 | | promote prevention of Lyme disease, the program shall include:
| 2 | | (1) a designated webpage with publicly accessible and | 3 | | up-to-date information about the prevention, detection, | 4 | | and treatment of Lyme Disease;
| 5 | | (2) peer-reviewed scientific research articles;
| 6 | | (3) government guidance and recommendations of the | 7 | | federal Centers for Disease Control and Prevention, | 8 | | National Guideline Clearinghouse under the Department of | 9 | | Health and Human Services, and any other persons or | 10 | | entities determined by the Lyme Disease Task Force to have | 11 | | particular expertise on Lyme disease;
| 12 | | (4) information for physicians, other health care | 13 | | professionals and providers, and other persons subject to | 14 | | an increased risk of contracting Lyme disease; and
| 15 | | (5) educational materials on the diagnosis, treatment, | 16 | | and prevention of Lyme disease and other tick-borne | 17 | | illnesses for physicians and other health care | 18 | | professionals and providers in multiple formats.
| 19 | | (c) The Department shall prepare a report of all efforts | 20 | | under this Act, and the report shall be posted on the | 21 | | Department's website and distributed to the Lyme Disease Task | 22 | | Force and the General Assembly annually. The report to the | 23 | | General Assembly shall be filed with the Clerk of the House of | 24 | | Representatives and the Secretary of the Senate in electronic | 25 | | form only, in the manner that the Clerk and the Secretary shall | 26 | | direct.
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| 1 | | Section 15. Lyme Disease Task Force; duties; members. | 2 | | (a) The Department shall establish the Lyme Disease Task | 3 | | Force to advise the Department on disease prevention and | 4 | | surveillance and provider and public education relating to the | 5 | | disease.
| 6 | | (b) The Task Force shall consist of the Director of Public | 7 | | Health or a designee, who shall serve as chairman, and the | 8 | | following members appointed by the Director of Public Health:
| 9 | | (1) one representative from the Department of | 10 | | Financial and Professional Regulation;
| 11 | | (2) 3 physicians licensed to practice medicine in all | 12 | | its branches who are members of a statewide organization | 13 | | representing physicians, one of whom represents a medical | 14 | | school faculty and one of whom has the experience of | 15 | | treating Lyme disease;
| 16 | | (3) one advanced practice registered nurse selected | 17 | | from the recommendations of professional nursing | 18 | | associations;
| 19 | | (4) one local public health administrator;
| 20 | | (5) one veterinarian;
| 21 | | (6) 4 members of the public interested in Lyme disease.
| 22 | | (c) The terms of the members of the Task Force shall be 3 | 23 | | years. Members may continue to serve after the expiration of a | 24 | | term until a new member is appointed. Each member appointed to | 25 | | fill a vacancy occurring prior to the expiration of the term |
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| 1 | | for which his predecessor was appointed shall be appointed for | 2 | | the remainder of such term. The council shall meet as | 3 | | frequently as the chairman deems necessary, but not less than 2 | 4 | | times each year. Members shall receive no compensation for | 5 | | their services.
| 6 | | (d) The Lyme Disease Task Force has the following duties | 7 | | and responsibilities:
| 8 | | (1) monitoring the implementation of this Act and | 9 | | providing feedback and input for necessary additions or | 10 | | modifications;
| 11 | | (2) reviewing relevant literature and guidelines that | 12 | | define accurate diagnosis of Lyme disease with the purpose | 13 | | of creating cohesive and consistent guidelines for the | 14 | | determination of Lyme diagnosis across all counties in | 15 | | Illinois and with the intent of providing accurate and | 16 | | relevant numbers to the Centers for Disease Control and | 17 | | Prevention;
| 18 | | (3) providing recommendations on professional | 19 | | continuing educational materials and opportunities that | 20 | | specifically focus on Lyme disease prevention, protection, | 21 | | and treatment; and
| 22 | | (4) assisting the Department in establishing policies, | 23 | | procedures, techniques, and criteria for the collection, | 24 | | maintenance, exchange, and sharing of medical information | 25 | | on Lyme disease, and identifying persons or entities with | 26 | | Lyme disease expertise to collaborate with Department in |
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| 1 | | Lyme disease diagnosis, prevention, and treatment.
| 2 | | (20 ILCS 2310/2310-390 rep.)
| 3 | | Section 70. The Department of Public Health Powers and | 4 | | Duties Law of the
Civil Administrative Code of Illinois is | 5 | | amended by repealing Section 2310-390. | 6 | | Section 75. The Medical Practice Act of 1987 is amended by | 7 | | changing Section 22 as follows:
| 8 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 9 | | (Section scheduled to be repealed on December 31, 2019)
| 10 | | Sec. 22. Disciplinary action.
| 11 | | (A) The Department may revoke, suspend, place on probation, | 12 | | reprimand, refuse to issue or renew, or take any other | 13 | | disciplinary or non-disciplinary action as the Department may | 14 | | deem proper
with regard to the license or permit of any person | 15 | | issued
under this Act, including imposing fines not to exceed | 16 | | $10,000 for each violation, upon any of the following grounds:
| 17 | | (1) Performance of an elective abortion in any place, | 18 | | locale,
facility, or
institution other than:
| 19 | | (a) a facility licensed pursuant to the Ambulatory | 20 | | Surgical Treatment
Center Act;
| 21 | | (b) an institution licensed under the Hospital | 22 | | Licensing Act;
| 23 | | (c) an ambulatory surgical treatment center or |
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| 1 | | hospitalization or care
facility maintained by the | 2 | | State or any agency thereof, where such department
or | 3 | | agency has authority under law to establish and enforce | 4 | | standards for the
ambulatory surgical treatment | 5 | | centers, hospitalization, or care facilities
under its | 6 | | management and control;
| 7 | | (d) ambulatory surgical treatment centers, | 8 | | hospitalization or care
facilities maintained by the | 9 | | Federal Government; or
| 10 | | (e) ambulatory surgical treatment centers, | 11 | | hospitalization or care
facilities maintained by any | 12 | | university or college established under the laws
of | 13 | | this State and supported principally by public funds | 14 | | raised by
taxation.
| 15 | | (2) Performance of an abortion procedure in a willful | 16 | | and wanton
manner on a
woman who was not pregnant at the | 17 | | time the abortion procedure was
performed.
| 18 | | (3) A plea of guilty or nolo contendere, finding of | 19 | | guilt, jury verdict, or entry of judgment or sentencing, | 20 | | including, but not limited to, convictions, preceding | 21 | | sentences of supervision, conditional discharge, or first | 22 | | offender probation, under the laws of any jurisdiction of | 23 | | the United States of any crime that is a felony.
| 24 | | (4) Gross negligence in practice under this Act.
| 25 | | (5) Engaging in dishonorable, unethical or | 26 | | unprofessional
conduct of a
character likely to deceive, |
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| 1 | | defraud or harm the public.
| 2 | | (6) Obtaining any fee by fraud, deceit, or
| 3 | | misrepresentation.
| 4 | | (7) Habitual or excessive use or abuse of drugs defined | 5 | | in law
as
controlled substances, of alcohol, or of any | 6 | | other substances which results in
the inability to practice | 7 | | with reasonable judgment, skill or safety.
| 8 | | (8) Practicing under a false or, except as provided by | 9 | | law, an
assumed
name.
| 10 | | (9) Fraud or misrepresentation in applying for, or | 11 | | procuring, a
license
under this Act or in connection with | 12 | | applying for renewal of a license under
this Act.
| 13 | | (10) Making a false or misleading statement regarding | 14 | | their
skill or the
efficacy or value of the medicine, | 15 | | treatment, or remedy prescribed by them at
their direction | 16 | | in the treatment of any disease or other condition of the | 17 | | body
or mind.
| 18 | | (11) Allowing another person or organization to use | 19 | | their
license, procured
under this Act, to practice.
| 20 | | (12) Adverse action taken by another state or | 21 | | jurisdiction
against a license
or other authorization to | 22 | | practice as a medical doctor, doctor of osteopathy,
doctor | 23 | | of osteopathic medicine or
doctor of chiropractic, a | 24 | | certified copy of the record of the action taken by
the | 25 | | other state or jurisdiction being prima facie evidence | 26 | | thereof. This includes any adverse action taken by a State |
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| 1 | | or federal agency that prohibits a medical doctor, doctor | 2 | | of osteopathy, doctor of osteopathic medicine, or doctor of | 3 | | chiropractic from providing services to the agency's | 4 | | participants.
| 5 | | (13) Violation of any provision of this Act or of the | 6 | | Medical
Practice Act
prior to the repeal of that Act, or | 7 | | violation of the rules, or a final
administrative action of | 8 | | the Secretary, after consideration of the
recommendation | 9 | | of the Disciplinary Board.
| 10 | | (14) Violation of the prohibition against fee | 11 | | splitting in Section 22.2 of this Act.
| 12 | | (15) A finding by the Disciplinary Board that the
| 13 | | registrant after
having his or her license placed on | 14 | | probationary status or subjected to
conditions or | 15 | | restrictions violated the terms of the probation or failed | 16 | | to
comply with such terms or conditions.
| 17 | | (16) Abandonment of a patient.
| 18 | | (17) Prescribing, selling, administering, | 19 | | distributing, giving
or
self-administering any drug | 20 | | classified as a controlled substance (designated
product) | 21 | | or narcotic for other than medically accepted therapeutic
| 22 | | purposes.
| 23 | | (18) Promotion of the sale of drugs, devices, | 24 | | appliances or
goods provided
for a patient in such manner | 25 | | as to exploit the patient for financial gain of
the | 26 | | physician.
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| 1 | | (19) Offering, undertaking or agreeing to cure or treat
| 2 | | disease by a secret
method, procedure, treatment or | 3 | | medicine, or the treating, operating or
prescribing for any | 4 | | human condition by a method, means or procedure which the
| 5 | | licensee refuses to divulge upon demand of the Department.
| 6 | | (20) Immoral conduct in the commission of any act | 7 | | including,
but not limited to, commission of an act of | 8 | | sexual misconduct related to the
licensee's
practice.
| 9 | | (21) Willfully making or filing false records or | 10 | | reports in his
or her
practice as a physician, including, | 11 | | but not limited to, false records to
support claims against | 12 | | the medical assistance program of the Department of | 13 | | Healthcare and Family Services (formerly Department of
| 14 | | Public Aid)
under the Illinois Public Aid Code.
| 15 | | (22) Willful omission to file or record, or willfully | 16 | | impeding
the filing or
recording, or inducing another | 17 | | person to omit to file or record, medical
reports as | 18 | | required by law, or willfully failing to report an instance | 19 | | of
suspected abuse or neglect as required by law.
| 20 | | (23) Being named as a perpetrator in an indicated | 21 | | report by
the Department
of Children and Family Services | 22 | | under the Abused and Neglected Child Reporting
Act, and | 23 | | upon proof by clear and convincing evidence that the | 24 | | licensee has
caused a child to be an abused child or | 25 | | neglected child as defined in the
Abused and Neglected | 26 | | Child Reporting Act.
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| 1 | | (24) Solicitation of professional patronage by any
| 2 | | corporation, agents or
persons, or profiting from those | 3 | | representing themselves to be agents of the
licensee.
| 4 | | (25) Gross and willful and continued overcharging for
| 5 | | professional services,
including filing false statements | 6 | | for collection of fees for which services are
not rendered, | 7 | | including, but not limited to, filing such false statements | 8 | | for
collection of monies for services not rendered from the | 9 | | medical assistance
program of the Department of Healthcare | 10 | | and Family Services (formerly Department of Public Aid)
| 11 | | under the Illinois Public Aid
Code.
| 12 | | (26) A pattern of practice or other behavior which
| 13 | | demonstrates
incapacity
or incompetence to practice under | 14 | | this Act.
| 15 | | (27) Mental illness or disability which results in the
| 16 | | inability to
practice under this Act with reasonable | 17 | | judgment, skill or safety.
| 18 | | (28) Physical illness, including, but not limited to,
| 19 | | deterioration through
the aging process, or loss of motor | 20 | | skill which results in a physician's
inability to practice | 21 | | under this Act with reasonable judgment, skill or
safety.
| 22 | | (29) Cheating on or attempt to subvert the licensing
| 23 | | examinations
administered under this Act.
| 24 | | (30) Willfully or negligently violating the | 25 | | confidentiality
between
physician and patient except as | 26 | | required by law.
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| 1 | | (31) The use of any false, fraudulent, or deceptive | 2 | | statement
in any
document connected with practice under | 3 | | this Act.
| 4 | | (32) Aiding and abetting an individual not licensed | 5 | | under this
Act in the
practice of a profession licensed | 6 | | under this Act.
| 7 | | (33) Violating state or federal laws or regulations | 8 | | relating
to controlled
substances, legend
drugs, or | 9 | | ephedra as defined in the Ephedra Prohibition Act.
| 10 | | (34) Failure to report to the Department any adverse | 11 | | final
action taken
against them by another licensing | 12 | | jurisdiction (any other state or any
territory of the | 13 | | United States or any foreign state or country), by any peer
| 14 | | review body, by any health care institution, by any | 15 | | professional society or
association related to practice | 16 | | under this Act, by any governmental agency, by
any law | 17 | | enforcement agency, or by any court for acts or conduct | 18 | | similar to acts
or conduct which would constitute grounds | 19 | | for action as defined in this
Section.
| 20 | | (35) Failure to report to the Department surrender of a
| 21 | | license or
authorization to practice as a medical doctor, a | 22 | | doctor of osteopathy, a
doctor of osteopathic medicine, or | 23 | | doctor
of chiropractic in another state or jurisdiction, or | 24 | | surrender of membership on
any medical staff or in any | 25 | | medical or professional association or society,
while | 26 | | under disciplinary investigation by any of those |
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| 1 | | authorities or bodies,
for acts or conduct similar to acts | 2 | | or conduct which would constitute grounds
for action as | 3 | | defined in this Section.
| 4 | | (36) Failure to report to the Department any adverse | 5 | | judgment,
settlement,
or award arising from a liability | 6 | | claim related to acts or conduct similar to
acts or conduct | 7 | | which would constitute grounds for action as defined in | 8 | | this
Section.
| 9 | | (37) Failure to provide copies of medical records as | 10 | | required
by law.
| 11 | | (38) Failure to furnish the Department, its | 12 | | investigators or
representatives, relevant information, | 13 | | legally requested by the Department
after consultation | 14 | | with the Chief Medical Coordinator or the Deputy Medical
| 15 | | Coordinator.
| 16 | | (39) Violating the Health Care Worker Self-Referral
| 17 | | Act.
| 18 | | (40) Willful failure to provide notice when notice is | 19 | | required
under the
Parental Notice of Abortion Act of 1995.
| 20 | | (41) Failure to establish and maintain records of | 21 | | patient care and
treatment as required by this law.
| 22 | | (42) Entering into an excessive number of written | 23 | | collaborative
agreements with licensed advanced practice | 24 | | registered nurses resulting in an inability to
adequately | 25 | | collaborate.
| 26 | | (43) Repeated failure to adequately collaborate with a |
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| 1 | | licensed advanced practice registered nurse. | 2 | | (44) Violating the Compassionate Use of Medical | 3 | | Cannabis Pilot Program Act.
| 4 | | (45) Entering into an excessive number of written | 5 | | collaborative agreements with licensed prescribing | 6 | | psychologists resulting in an inability to adequately | 7 | | collaborate. | 8 | | (46) Repeated failure to adequately collaborate with a | 9 | | licensed prescribing psychologist. | 10 | | (47) Willfully failing to report an instance of | 11 | | suspected abuse, neglect, financial exploitation, or | 12 | | self-neglect of an eligible adult as defined in and | 13 | | required by the Adult Protective Services Act. | 14 | | (48) Being named as an abuser in a verified report by | 15 | | the Department on Aging under the Adult Protective Services | 16 | | Act, and upon proof by clear and convincing evidence that | 17 | | the licensee abused, neglected, or financially exploited | 18 | | an eligible adult as defined in the Adult Protective | 19 | | Services Act. | 20 | | Except
for actions involving the ground numbered (26), all | 21 | | proceedings to suspend,
revoke, place on probationary status, | 22 | | or take any
other disciplinary action as the Department may | 23 | | deem proper, with regard to a
license on any of the foregoing | 24 | | grounds, must be commenced within 5 years next
after receipt by | 25 | | the Department of a complaint alleging the commission of or
| 26 | | notice of the conviction order for any of the acts described |
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| 1 | | herein. Except
for the grounds numbered (8), (9), (26), and | 2 | | (29), no action shall be commenced more
than 10 years after the | 3 | | date of the incident or act alleged to have violated
this | 4 | | Section. For actions involving the ground numbered (26), a | 5 | | pattern of practice or other behavior includes all incidents | 6 | | alleged to be part of the pattern of practice or other behavior | 7 | | that occurred, or a report pursuant to Section 23 of this Act | 8 | | received, within the 10-year period preceding the filing of the | 9 | | complaint. In the event of the settlement of any claim or cause | 10 | | of action
in favor of the claimant or the reduction to final | 11 | | judgment of any civil action
in favor of the plaintiff, such | 12 | | claim, cause of action or civil action being
grounded on the | 13 | | allegation that a person licensed under this Act was negligent
| 14 | | in providing care, the Department shall have an additional | 15 | | period of 2 years
from the date of notification to the | 16 | | Department under Section 23 of this Act
of such settlement or | 17 | | final judgment in which to investigate and
commence formal | 18 | | disciplinary proceedings under Section 36 of this Act, except
| 19 | | as otherwise provided by law. The time during which the holder | 20 | | of the license
was outside the State of Illinois shall not be | 21 | | included within any period of
time limiting the commencement of | 22 | | disciplinary action by the Department.
| 23 | | The entry of an order or judgment by any circuit court | 24 | | establishing that any
person holding a license under this Act | 25 | | is a person in need of mental treatment
operates as a | 26 | | suspension of that license. That person may resume their
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| 1 | | practice only upon the entry of a Departmental order based upon | 2 | | a finding by
the Disciplinary Board that they have been | 3 | | determined to be recovered
from mental illness by the court and | 4 | | upon the Disciplinary Board's
recommendation that they be | 5 | | permitted to resume their practice.
| 6 | | The Department may refuse to issue or take disciplinary | 7 | | action concerning the license of any person
who fails to file a | 8 | | return, or to pay the tax, penalty or interest shown in a
filed | 9 | | return, or to pay any final assessment of tax, penalty or | 10 | | interest, as
required by any tax Act administered by the | 11 | | Illinois Department of Revenue,
until such time as the | 12 | | requirements of any such tax Act are satisfied as
determined by | 13 | | the Illinois Department of Revenue.
| 14 | | The Department, upon the recommendation of the | 15 | | Disciplinary Board, shall
adopt rules which set forth standards | 16 | | to be used in determining:
| 17 | | (a) when a person will be deemed sufficiently | 18 | | rehabilitated to warrant the
public trust;
| 19 | | (b) what constitutes dishonorable, unethical or | 20 | | unprofessional conduct of
a character likely to deceive, | 21 | | defraud, or harm the public;
| 22 | | (c) what constitutes immoral conduct in the commission | 23 | | of any act,
including, but not limited to, commission of an | 24 | | act of sexual misconduct
related
to the licensee's | 25 | | practice; and
| 26 | | (d) what constitutes gross negligence in the practice |
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| 1 | | of medicine.
| 2 | | However, no such rule shall be admissible into evidence in | 3 | | any civil action
except for review of a licensing or other | 4 | | disciplinary action under this Act.
| 5 | | In enforcing this Section, the Disciplinary Board or the | 6 | | Licensing Board,
upon a showing of a possible violation, may | 7 | | compel, in the case of the Disciplinary Board, any individual | 8 | | who is licensed to
practice under this Act or holds a permit to | 9 | | practice under this Act, or, in the case of the Licensing | 10 | | Board, any individual who has applied for licensure or a permit
| 11 | | pursuant to this Act, to submit to a mental or physical | 12 | | examination and evaluation, or both,
which may include a | 13 | | substance abuse or sexual offender evaluation, as required by | 14 | | the Licensing Board or Disciplinary Board and at the expense of | 15 | | the Department. The Disciplinary Board or Licensing Board shall | 16 | | specifically designate the examining physician licensed to | 17 | | practice medicine in all of its branches or, if applicable, the | 18 | | multidisciplinary team involved in providing the mental or | 19 | | physical examination and evaluation, or both. The | 20 | | multidisciplinary team shall be led by a physician licensed to | 21 | | practice medicine in all of its branches and may consist of one | 22 | | or more or a combination of physicians licensed to practice | 23 | | medicine in all of its branches, licensed chiropractic | 24 | | physicians, licensed clinical psychologists, licensed clinical | 25 | | social workers, licensed clinical professional counselors, and | 26 | | other professional and administrative staff. Any examining |
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| 1 | | physician or member of the multidisciplinary team may require | 2 | | any person ordered to submit to an examination and evaluation | 3 | | pursuant to this Section to submit to any additional | 4 | | supplemental testing deemed necessary to complete any | 5 | | examination or evaluation process, including, but not limited | 6 | | to, blood testing, urinalysis, psychological testing, or | 7 | | neuropsychological testing.
The Disciplinary Board, the | 8 | | Licensing Board, or the Department may order the examining
| 9 | | physician or any member of the multidisciplinary team to | 10 | | provide to the Department, the Disciplinary Board, or the | 11 | | Licensing Board any and all records, including business | 12 | | records, that relate to the examination and evaluation, | 13 | | including any supplemental testing performed. The Disciplinary | 14 | | Board, the Licensing Board, or the Department may order the | 15 | | examining physician or any member of the multidisciplinary team | 16 | | to present testimony concerning this examination
and | 17 | | evaluation of the licensee, permit holder, or applicant, | 18 | | including testimony concerning any supplemental testing or | 19 | | documents relating to the examination and evaluation. No | 20 | | information, report, record, or other documents in any way | 21 | | related to the examination and evaluation shall be excluded by | 22 | | reason of
any common
law or statutory privilege relating to | 23 | | communication between the licensee, permit holder, or
| 24 | | applicant and
the examining physician or any member of the | 25 | | multidisciplinary team.
No authorization is necessary from the | 26 | | licensee, permit holder, or applicant ordered to undergo an |
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| 1 | | evaluation and examination for the examining physician or any | 2 | | member of the multidisciplinary team to provide information, | 3 | | reports, records, or other documents or to provide any | 4 | | testimony regarding the examination and evaluation. The | 5 | | individual to be examined may have, at his or her own expense, | 6 | | another
physician of his or her choice present during all | 7 | | aspects of the examination.
Failure of any individual to submit | 8 | | to mental or physical examination and evaluation, or both, when
| 9 | | directed, shall result in an automatic suspension, without | 10 | | hearing, until such time
as the individual submits to the | 11 | | examination. If the Disciplinary Board or Licensing Board finds | 12 | | a physician unable
to practice following an examination and | 13 | | evaluation because of the reasons set forth in this Section, | 14 | | the Disciplinary
Board or Licensing Board shall require such | 15 | | physician to submit to care, counseling, or treatment
by | 16 | | physicians, or other health care professionals, approved or | 17 | | designated by the Disciplinary Board, as a condition
for | 18 | | issued, continued, reinstated, or renewed licensure to | 19 | | practice. Any physician,
whose license was granted pursuant to | 20 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | 21 | | renewed, disciplined or supervised, subject to such
terms, | 22 | | conditions or restrictions who shall fail to comply with such | 23 | | terms,
conditions or restrictions, or to complete a required | 24 | | program of care,
counseling, or treatment, as determined by the | 25 | | Chief Medical Coordinator or
Deputy Medical Coordinators, | 26 | | shall be referred to the Secretary for a
determination as to |
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| 1 | | whether the licensee shall have their license suspended
| 2 | | immediately, pending a hearing by the Disciplinary Board. In | 3 | | instances in
which the Secretary immediately suspends a license | 4 | | under this Section, a hearing
upon such person's license must | 5 | | be convened by the Disciplinary Board within 15
days after such | 6 | | suspension and completed without appreciable delay. The
| 7 | | Disciplinary Board shall have the authority to review the | 8 | | subject physician's
record of treatment and counseling | 9 | | regarding the impairment, to the extent
permitted by applicable | 10 | | federal statutes and regulations safeguarding the
| 11 | | confidentiality of medical records.
| 12 | | 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.
| 17 | | 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 Illinois | 24 | | State Medical Disciplinary Fund.
| 25 | | All fines imposed under this Section shall be paid within | 26 | | 60 days after the effective date of the order imposing the fine |
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| 1 | | or in accordance with the terms set forth in the order imposing | 2 | | the fine. | 3 | | (B) The Department shall revoke the license or
permit | 4 | | issued under this Act to practice medicine or a chiropractic | 5 | | physician who
has been convicted a second time of committing | 6 | | any felony under the
Illinois Controlled Substances Act or the | 7 | | Methamphetamine Control and Community Protection Act, or who | 8 | | has been convicted a second time of
committing a Class 1 felony | 9 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 10 | | person whose license or permit is revoked
under
this subsection | 11 | | B shall be prohibited from practicing
medicine or treating | 12 | | human ailments without the use of drugs and without
operative | 13 | | surgery.
| 14 | | (C) The Department shall not revoke, suspend, place on | 15 | | probation, reprimand, refuse to issue or renew, or take any | 16 | | other disciplinary or non-disciplinary action against the | 17 | | license or permit issued under this Act to practice medicine to | 18 | | a physician : | 19 | | (1) based solely upon the recommendation of the | 20 | | physician to an eligible patient regarding, or | 21 | | prescription for, or treatment with, an investigational | 22 | | drug, biological product, or device ; or | 23 | | (2) for experimental treatment for Lyme disease or | 24 | | other tick-borne diseases, including, but not limited to, | 25 | | the prescription of or treatment with long-term | 26 | | antibiotics . |
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| 1 | | (D) The Disciplinary Board shall recommend to the
| 2 | | Department civil
penalties and any other appropriate | 3 | | discipline in disciplinary cases when the
Board finds that a | 4 | | physician willfully performed an abortion with actual
| 5 | | knowledge that the person upon whom the abortion has been | 6 | | performed is a minor
or an incompetent person without notice as | 7 | | required under the Parental Notice
of Abortion Act of 1995. | 8 | | Upon the Board's recommendation, the Department shall
impose, | 9 | | for the first violation, a civil penalty of $1,000 and for a | 10 | | second or
subsequent violation, a civil penalty of $5,000.
| 11 | | (Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17; | 12 | | 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
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