Illinois General Assembly - Full Text of HB4515
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Full Text of HB4515  100th General Assembly


Rep. Daniel Swanson

Filed: 4/23/2018





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2    AMENDMENT NO. ______. Amend House Bill 4515 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title; references to Act.
5    (a) Short title. This Act may be cited as the Lyme Disease
6Prevention and Protection Act.
7    (b) References to Act. This Act may be referred to as the
8Lauryn Russell Lyme Disease Prevention and Protection Law.
9    Section 5. Findings. The General Assembly finds and
10declares 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.



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1        (2) The Centers for Disease Control and Prevention
2    states that the reported Lyme disease cases are numbered at
3    30,000 a year in the United States, but the actual burden
4    of Lyme disease may actually be as high as 300,000 cases a
5    year throughout the United States.
6        (3) The signs and symptoms of Lyme disease can vary
7    greatly from one person to another, and symptoms can also
8    vary with the length of time a person has been infected.
9    The initial symptoms of Lyme disease are similar to those
10    of more common diseases, such as a flu-like illness without
11    a cough or mononucleosis; it may or may not present
12    Erythema Migrans, a "bulls eye" marking, which is the most
13    common identifiable mark for Lyme disease, and many
14    infected persons do not recall a tick bite; further
15    symptoms can develop over time, including fever, severe
16    headache, stiff neck, certain heart irregularities,
17    temporary paralysis of facial muscles, pain with numbness
18    or weakness in arms or legs, loss of concentration or
19    memory problems, and, most commonly, Lyme arthritis.
20        (4) Not all ticks carry the bacterium of Lyme disease,
21    and a bite does not always result in the development of
22    Lyme disease. However, since it is impossible to tell by
23    sight which ticks are infected, it is important to avoid
24    tick bites whenever possible and to perform regular tick
25    checks when traversing in tick-infested areas of the United
26    States, any wooded areas, or any areas with tall grass and



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1    weeds. A person should seek assistance for early
2    identification and treatment when Lyme disease symptoms or
3    other tick-borne illness is suspected.
4        (5) Because Lyme disease is a complex illness, there is
5    a continuous need to increase funding for Lyme disease
6    diagnosis, treatment, and prevention. In 2015, the first
7    major research program devoted to the causes and cures of
8    Lyme disease was established at Johns Hopkins School of
9    Medicine as the Lyme Disease Clinical Research Center.
10        (6) Initial funding from federal grants has provided
11    for research known as the Study of Lyme Disease Immunology
12    and Clinical Events. The federal 21st Century Cures Act
13    created a working group within the United States Department
14    of Health and Human Services to improve outcomes of Lyme
15    disease and to develop a plan for improving diagnosis,
16    treatment, and prevention. However, there is still a need
17    for more research on Lyme disease and efforts to promote
18    awareness of its signs and symptoms, such as work with
19    entomologists and veterinary epidemiologist whose current
20    focus is on tick-borne infections and their distribution in
21    the State of Illinois.
22        (7) People treated with appropriate antibiotics in the
23    early stages of Lyme disease usually recover rapidly and
24    completely. The National Institutes of Health has funded
25    several studies on the treatment of Lyme disease that show
26    most people recover when treated with antibiotics taken by



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1    mouth within a few weeks. In a small percentage of cases,
2    symptoms such as fatigue and muscle aches can last for more
3    than 6 months. Physicians sometimes describe patients who
4    have non-specific symptoms, such as fatigue, pain, and
5    joint and muscle aches, after the treatment of Lyme disease
6    as having post-treatment Lyme disease syndrome or post Lyme
7    disease syndrome. The cause of post-treatment Lyme disease
8    syndrome is not known.
9        (8) Co-infections by other tick-borne illnesses may
10    complicate and lengthen the course of treatment.
11    Section 10. Lyme Disease Prevention, Detection, and
12Outreach Program.
13    (a) The Department of Public Health shall establish a Lyme
14Disease Prevention, Detection, and Outreach Program. The
15Department shall continue to study the population of ticks
16carrying Lyme disease and the number of people infected in
17Illinois to provide data to the public on the incidence of
18acute Lyme disease and locations of exposure in Illinois by
19county. The Department shall partner with the University of
20Illinois to publish tick identification and testing data on the
21Department's website and work to expand testing to areas where
22new human cases are identified. The Department shall require
23health care professionals and laboratories to report acute Lyme
24disease cases within the time frame required under the Control
25of Communicable Diseases Code to the local health department.



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1To coordinate this program, the Department shall continue to
2support a vector-borne disease epidemiologist coordinator who
3is responsible for overseeing the program. The Department shall
4train local health departments to respond to inquiries from the
6    (b) In addition to its overall effort to prevent acute
7disease in Illinois, in order to raise awareness about and
8promote prevention of Lyme disease, the program shall include:
9        (1) a designated webpage with publicly accessible and
10    up-to-date information about the prevention, detection,
11    and treatment of Lyme Disease;
12        (2) peer-reviewed scientific research articles;
13        (3) government guidance and recommendations of the
14    federal Centers for Disease Control and Prevention,
15    National Guideline Clearinghouse under the Department of
16    Health and Human Services, and any other persons or
17    entities determined by the Lyme Disease Task Force to have
18    particular expertise on Lyme disease;
19        (4) information for physicians, other health care
20    professionals and providers, and other persons subject to
21    an increased risk of contracting Lyme disease; and
22        (5) educational materials on the diagnosis, treatment,
23    and prevention of Lyme disease and other tick-borne
24    illnesses for physicians and other health care
25    professionals and providers in multiple formats.
26    (c) The Department shall prepare a report of all efforts



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1under this Act, and the report shall be posted on the
2Department's website and distributed to the Lyme Disease Task
3Force and the General Assembly annually. The report to the
4General Assembly shall be filed with the Clerk of the House of
5Representatives and the Secretary of the Senate in electronic
6form only, in the manner that the Clerk and the Secretary shall
8    Section 15. Lyme Disease Task Force; duties; members.
9    (a) The Department shall establish the Lyme Disease Task
10Force to advise the Department on disease prevention and
11surveillance and provider and public education relating to the
13    (b) The Task Force shall consist of the Director of Public
14Health or a designee, who shall serve as chairman, and the
15following members appointed by the Director of Public Health:
16        (1) one representative from the Department of
17    Financial and Professional Regulation;
18        (2) 3 physicians licensed to practice medicine in all
19    its branches who are members of a statewide organization
20    representing physicians, one of whom represents a medical
21    school faculty and one of whom has the experience of
22    treating Lyme disease;
23        (3) one advanced practice registered nurse selected
24    from the recommendations of professional nursing
25    associations;



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1        (4) one local public health administrator;
2        (5) one veterinarian;
3        (6) 4 members of the public interested in Lyme disease.
4    (c) The terms of the members of the Task Force shall be 3
5years. Members may continue to serve after the expiration of a
6term until a new member is appointed. Each member appointed to
7fill a vacancy occurring prior to the expiration of the term
8for which his predecessor was appointed shall be appointed for
9the remainder of such term. The council shall meet as
10frequently as the chairman deems necessary, but not less than 2
11times each year. Members shall receive no compensation for
12their services.
13    (d) The Lyme Disease Task Force has the following duties
14and responsibilities:
15        (1) monitoring the implementation of this Act and
16    providing feedback and input for necessary additions or
17    modifications;
18        (2) reviewing relevant literature and guidelines that
19    define accurate diagnosis of Lyme disease with the purpose
20    of creating cohesive and consistent guidelines for the
21    determination of Lyme diagnosis across all counties in
22    Illinois and with the intent of providing accurate and
23    relevant numbers to the Centers for Disease Control and
24    Prevention;
25        (3) providing recommendations on professional
26    continuing educational materials and opportunities that



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1    specifically focus on Lyme disease prevention, protection,
2    and treatment; and
3        (4) assisting the Department in establishing policies,
4    procedures, techniques, and criteria for the collection,
5    maintenance, exchange, and sharing of medical information
6    on Lyme disease, and identifying persons or entities with
7    Lyme disease expertise to collaborate with Department in
8    Lyme disease diagnosis, prevention, and treatment.
9    (20 ILCS 2310/2310-390 rep.)
10    Section 70. The Department of Public Health Powers and
11Duties Law of the Civil Administrative Code of Illinois is
12amended by repealing Section 2310-390.
13    Section 75. The Medical Practice Act of 1987 is amended by
14changing Section 22 as follows:
15    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
16    (Section scheduled to be repealed on December 31, 2019)
17    Sec. 22. Disciplinary action.
18    (A) The Department may revoke, suspend, place on probation,
19reprimand, refuse to issue or renew, or take any other
20disciplinary or non-disciplinary action as the Department may
21deem proper with regard to the license or permit of any person
22issued under this Act, including imposing fines not to exceed
23$10,000 for each violation, upon any of the following grounds:



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1        (1) Performance of an elective abortion in any place,
2    locale, facility, or institution other than:
3            (a) a facility licensed pursuant to the Ambulatory
4        Surgical Treatment Center Act;
5            (b) an institution licensed under the Hospital
6        Licensing Act;
7            (c) an ambulatory surgical treatment center or
8        hospitalization or care facility maintained by the
9        State or any agency thereof, where such department or
10        agency has authority under law to establish and enforce
11        standards for the ambulatory surgical treatment
12        centers, hospitalization, or care facilities under its
13        management and control;
14            (d) ambulatory surgical treatment centers,
15        hospitalization or care facilities maintained by the
16        Federal Government; or
17            (e) ambulatory surgical treatment centers,
18        hospitalization or care facilities maintained by any
19        university or college established under the laws of
20        this State and supported principally by public funds
21        raised by taxation.
22        (2) Performance of an abortion procedure in a willful
23    and wanton manner on a woman who was not pregnant at the
24    time the abortion procedure was performed.
25        (3) A plea of guilty or nolo contendere, finding of
26    guilt, jury verdict, or entry of judgment or sentencing,



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1    including, but not limited to, convictions, preceding
2    sentences of supervision, conditional discharge, or first
3    offender probation, under the laws of any jurisdiction of
4    the United States of any crime that is a felony.
5        (4) Gross negligence in practice under this Act.
6        (5) Engaging in dishonorable, unethical or
7    unprofessional conduct of a character likely to deceive,
8    defraud or harm the public.
9        (6) Obtaining any fee by fraud, deceit, or
10    misrepresentation.
11        (7) Habitual or excessive use or abuse of drugs defined
12    in law as controlled substances, of alcohol, or of any
13    other substances which results in the inability to practice
14    with reasonable judgment, skill or safety.
15        (8) Practicing under a false or, except as provided by
16    law, an assumed name.
17        (9) Fraud or misrepresentation in applying for, or
18    procuring, a license under this Act or in connection with
19    applying for renewal of a license under this Act.
20        (10) Making a false or misleading statement regarding
21    their skill or the efficacy or value of the medicine,
22    treatment, or remedy prescribed by them at their direction
23    in the treatment of any disease or other condition of the
24    body or mind.
25        (11) Allowing another person or organization to use
26    their license, procured under this Act, to practice.



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1        (12) Adverse action taken by another state or
2    jurisdiction against a license or other authorization to
3    practice as a medical doctor, doctor of osteopathy, doctor
4    of osteopathic medicine or doctor of chiropractic, a
5    certified copy of the record of the action taken by the
6    other state or jurisdiction being prima facie evidence
7    thereof. This includes any adverse action taken by a State
8    or federal agency that prohibits a medical doctor, doctor
9    of osteopathy, doctor of osteopathic medicine, or doctor of
10    chiropractic from providing services to the agency's
11    participants.
12        (13) Violation of any provision of this Act or of the
13    Medical Practice Act prior to the repeal of that Act, or
14    violation of the rules, or a final administrative action of
15    the Secretary, after consideration of the recommendation
16    of the Disciplinary Board.
17        (14) Violation of the prohibition against fee
18    splitting in Section 22.2 of this Act.
19        (15) A finding by the Disciplinary Board that the
20    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) Willfully making or filing false records or
17    reports in his or her practice as a physician, including,
18    but not limited to, false records to support claims against
19    the medical assistance program of the Department of
20    Healthcare and Family Services (formerly Department of
21    Public Aid) under the Illinois Public Aid Code.
22        (22) Willful omission to file or record, or willfully
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 willfully 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 willful 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) Willfully 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 provide 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    registered nurses resulting in an inability to adequately
6    collaborate.
7        (43) Repeated failure to adequately collaborate with a
8    licensed advanced practice registered nurse.
9        (44) Violating the Compassionate Use of Medical
10    Cannabis Pilot Program Act.
11        (45) Entering into an excessive number of written
12    collaborative agreements with licensed prescribing
13    psychologists resulting in an inability to adequately
14    collaborate.
15        (46) Repeated failure to adequately collaborate with a
16    licensed prescribing psychologist.
17        (47) Willfully failing to report an instance of
18    suspected abuse, neglect, financial exploitation, or
19    self-neglect of an eligible adult as defined in and
20    required by the Adult Protective Services Act.
21        (48) Being named as an abuser in a verified report by
22    the Department on Aging under the Adult Protective Services
23    Act, and upon proof by clear and convincing evidence that
24    the licensee abused, neglected, or financially exploited
25    an eligible adult as defined in the Adult Protective
26    Services Act.



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1    Except for actions involving the ground numbered (26), all
2proceedings to suspend, revoke, place on probationary status,
3or take any other disciplinary action as the Department may
4deem proper, with regard to a license on any of the foregoing
5grounds, must be commenced within 5 years next after receipt by
6the Department of a complaint alleging the commission of or
7notice of the conviction order for any of the acts described
8herein. Except for the grounds numbered (8), (9), (26), and
9(29), no action shall be commenced more than 10 years after the
10date of the incident or act alleged to have violated this
11Section. For actions involving the ground numbered (26), a
12pattern of practice or other behavior includes all incidents
13alleged to be part of the pattern of practice or other behavior
14that occurred, or a report pursuant to Section 23 of this Act
15received, within the 10-year period preceding the filing of the
16complaint. In the event of the settlement of any claim or cause
17of action in favor of the claimant or the reduction to final
18judgment of any civil action in favor of the plaintiff, such
19claim, cause of action or civil action being grounded on the
20allegation that a person licensed under this Act was negligent
21in providing care, the Department shall have an additional
22period of 2 years from the date of notification to the
23Department under Section 23 of this Act of such settlement or
24final judgment in which to investigate and commence formal
25disciplinary proceedings under Section 36 of this Act, except
26as otherwise provided by law. The time during which the holder



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1of the license was outside the State of Illinois shall not be
2included within any period of time limiting the commencement of
3disciplinary action by the Department.
4    The entry of an order or judgment by any circuit court
5establishing that any person holding a license under this Act
6is a person in need of mental treatment operates as a
7suspension of that license. That person may resume their
8practice only upon the entry of a Departmental order based upon
9a finding by the Disciplinary Board that they have been
10determined to be recovered from mental illness by the court and
11upon the Disciplinary Board's recommendation that they be
12permitted to resume their practice.
13    The Department may refuse to issue or take disciplinary
14action concerning the license of any person who fails to file a
15return, or to pay the tax, penalty or interest shown in a filed
16return, or to pay any final assessment of tax, penalty or
17interest, as required by any tax Act administered by the
18Illinois Department of Revenue, until such time as the
19requirements of any such tax Act are satisfied as determined by
20the Illinois Department of Revenue.
21    The Department, upon the recommendation of the
22Disciplinary Board, shall adopt rules which set forth standards
23to be used in determining:
24        (a) when a person will be deemed sufficiently
25    rehabilitated to warrant the public trust;
26        (b) what constitutes dishonorable, unethical or



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1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public;
3        (c) what constitutes immoral conduct in the commission
4    of any act, including, but not limited to, commission of an
5    act of sexual misconduct related to the licensee's
6    practice; and
7        (d) what constitutes gross negligence in the practice
8    of medicine.
9    However, no such rule shall be admissible into evidence in
10any civil action except for review of a licensing or other
11disciplinary action under this Act.
12    In enforcing this Section, the Disciplinary Board or the
13Licensing Board, upon a showing of a possible violation, may
14compel, in the case of the Disciplinary Board, any individual
15who is licensed to practice under this Act or holds a permit to
16practice under this Act, or, in the case of the Licensing
17Board, any individual who has applied for licensure or a permit
18pursuant to this Act, to submit to a mental or physical
19examination and evaluation, or both, which may include a
20substance abuse or sexual offender evaluation, as required by
21the Licensing Board or Disciplinary Board and at the expense of
22the Department. The Disciplinary Board or Licensing Board shall
23specifically designate the examining physician licensed to
24practice medicine in all of its branches or, if applicable, the
25multidisciplinary team involved in providing the mental or
26physical examination and evaluation, or both. The



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1multidisciplinary team shall be led by a physician licensed to
2practice medicine in all of its branches and may consist of one
3or more or a combination of physicians licensed to practice
4medicine in all of its branches, licensed chiropractic
5physicians, licensed clinical psychologists, licensed clinical
6social workers, licensed clinical professional counselors, and
7other professional and administrative staff. Any examining
8physician or member of the multidisciplinary team may require
9any person ordered to submit to an examination and evaluation
10pursuant to this Section to submit to any additional
11supplemental testing deemed necessary to complete any
12examination or evaluation process, including, but not limited
13to, blood testing, urinalysis, psychological testing, or
14neuropsychological testing. The Disciplinary Board, the
15Licensing Board, or the Department may order the examining
16physician or any member of the multidisciplinary team to
17provide to the Department, the Disciplinary Board, or the
18Licensing Board any and all records, including business
19records, that relate to the examination and evaluation,
20including any supplemental testing performed. The Disciplinary
21Board, the Licensing Board, or the Department may order the
22examining physician or any member of the multidisciplinary team
23to present testimony concerning this examination and
24evaluation of the licensee, permit holder, or applicant,
25including testimony concerning any supplemental testing or
26documents relating to the examination and evaluation. No



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1information, report, record, or other documents in any way
2related to the examination and evaluation shall be excluded by
3reason of any common law or statutory privilege relating to
4communication between the licensee, permit holder, or
5applicant and the examining physician or any member of the
6multidisciplinary team. No authorization is necessary from the
7licensee, permit holder, or applicant ordered to undergo an
8evaluation and examination for the examining physician or any
9member of the multidisciplinary team to provide information,
10reports, records, or other documents or to provide any
11testimony regarding the examination and evaluation. The
12individual to be examined may have, at his or her own expense,
13another physician of his or her choice present during all
14aspects of the examination. Failure of any individual to submit
15to mental or physical examination and evaluation, or both, when
16directed, shall result in an automatic suspension, without
17hearing, until such time as the individual submits to the
18examination. If the Disciplinary Board or Licensing Board finds
19a physician unable to practice following an examination and
20evaluation because of the reasons set forth in this Section,
21the Disciplinary Board or Licensing Board shall require such
22physician to submit to care, counseling, or treatment by
23physicians, or other health care professionals, approved or
24designated by the Disciplinary Board, as a condition for
25issued, continued, reinstated, or renewed licensure to
26practice. Any physician, whose license was granted pursuant to



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



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1other forms of disciplinary action, but shall not be the
2exclusive disposition of any disciplinary action arising out of
3conduct resulting in death or injury to a patient. Any funds
4collected from such fines shall be deposited in the Illinois
5State Medical Disciplinary Fund.
6    All fines imposed under this Section shall be paid within
760 days after the effective date of the order imposing the fine
8or in accordance with the terms set forth in the order imposing
9the fine.
10    (B) The Department shall revoke the license or permit
11issued under this Act to practice medicine or a chiropractic
12physician who has been convicted a second time of committing
13any felony under the Illinois Controlled Substances Act or the
14Methamphetamine Control and Community Protection Act, or who
15has been convicted a second time of committing a Class 1 felony
16under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
17person whose license or permit is revoked under this subsection
18B shall be prohibited from practicing medicine or treating
19human ailments without the use of drugs and without operative
21    (C) The Department shall not revoke, suspend, place on
22probation, reprimand, refuse to issue or renew, or take any
23other disciplinary or non-disciplinary action against the
24license or permit issued under this Act to practice medicine to
25a physician:
26        (1) based solely upon the recommendation of the



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1    physician to an eligible patient regarding, or
2    prescription for, or treatment with, an investigational
3    drug, biological product, or device; or
4        (2) for experimental treatment for Lyme disease or
5    other tick-borne diseases, including, but not limited to,
6    the prescription of or treatment with long-term
7    antibiotics.
8    (D) The Disciplinary Board shall recommend to the
9Department civil penalties and any other appropriate
10discipline in disciplinary cases when the Board finds that a
11physician willfully performed an abortion with actual
12knowledge that the person upon whom the abortion has been
13performed is a minor or an incompetent person without notice as
14required under the Parental Notice of Abortion Act of 1995.
15Upon the Board's recommendation, the Department shall impose,
16for the first violation, a civil penalty of $1,000 and for a
17second or subsequent violation, a civil penalty of $5,000.
18(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
19100-429, eff. 8-25-17; 100-513, eff. 1-1-18; revised