Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 60/40

(225 ILCS 60/40) (from Ch. 111, par. 4400-40)

(Section scheduled to be repealed on January 1, 2027)

Sec. 40. Findings and recommendations; rehearing.

(a) The Medical Board shall present to
the Secretary a written report of its findings and
recommendations.  A copy of such report shall be served upon
the accused person, either personally or by mail or email.  Within 20 days after such service, the
accused person may present to the Department his or her motion,
in writing, for a rehearing, which written motion shall
specify the particular ground therefor.  If the accused
person orders and pays for a transcript of the record as
provided in Section 39, the time elapsing thereafter and
before such transcript is ready for delivery to them shall
not be counted as part of such 20 days.

(b) At the expiration of the time allowed for filing a
motion for rehearing, the Secretary may take the action
recommended by the Medical Board.  Upon the suspension,
revocation, placement on probationary status, or the taking
of any other disciplinary action, including the limiting of
the scope, nature, or extent of one's practice, deemed
proper by the Department, with regard to the license or permit, the accused shall
surrender his or her license or permit to the Department, if ordered to do
so  by the Department, and upon his or her failure or refusal so
to do, the Department may seize the same.

(c) Each order of revocation, suspension, or
other disciplinary action shall contain a brief, concise
statement of the ground or grounds upon which the
Department's action is based, as well as the specific terms
and conditions of such action.  This document shall be
retained as a permanent record by the Department.

(d) (Blank).

(e) In those instances where an order of revocation,
suspension, or other disciplinary action has been rendered
by virtue of a physician's physical illness, including, but
not limited to, deterioration through the aging process, or
loss of motor skill which results in a physician's inability
to practice medicine with reasonable judgment, skill, or
safety, the Department shall only permit this document, and
the record of the hearing incident thereto, to be observed,
inspected, viewed, or copied pursuant to court order.

(Source: P.A. 101-316, eff. 8-9-19; 102-20, eff. 1-1-22.)