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225 ILCS 60/7
(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
(Text of Section from P.A. 102-20)
(Section scheduled to be repealed on January 1, 2023)
Sec. 7. Medical Disciplinary Board.
(A) There is hereby created the Illinois
State Medical Disciplinary Board. The Disciplinary Board shall
consist of 11 members, to be appointed by the Governor by and
with the advice and consent of the Senate. All members shall be
residents of the State, not more than 6 of whom shall be
members of the same political party. All members shall be voting members. Five members shall be
physicians licensed to practice medicine in all of its
branches in Illinois possessing the degree of doctor of
medicine. One member shall be a physician licensed to practice medicine in all its branches in Illinois possessing the degree of doctor of osteopathy or osteopathic medicine. One member shall be a chiropractic physician licensed to practice in Illinois and possessing the degree of doctor of chiropractic. Four members shall be members of the public, who shall not
be engaged in any way, directly or indirectly, as providers
of health care.
(B) Members of the Disciplinary Board shall be appointed
for terms of 4 years. Upon the expiration of the term of
any member, their successor shall be appointed for a term of
4 years by the Governor by and with the advice and
consent of the Senate. The Governor shall fill any vacancy
for the remainder of the unexpired term with the
advice and consent of the Senate. Upon recommendation of
the Board, any member of the Disciplinary Board may be
removed by the Governor for misfeasance, malfeasance, or
wilful neglect of duty, after notice, and a public hearing,
unless such notice and hearing shall be expressly waived in
writing. Each member shall serve on the Disciplinary Board
until their successor is appointed and qualified. No member
of the Disciplinary Board shall serve more than 2
consecutive 4 year terms.
In making appointments the Governor shall attempt to
insure that the various social and geographic regions of the
State of Illinois are properly represented.
In making the designation of persons to act for the
several professions represented on the Disciplinary Board,
the Governor shall give due consideration to recommendations
by members of the respective professions and by
organizations therein.
(C) The Disciplinary Board shall annually elect one of
its voting members as chairperson and one as vice
chairperson. No officer shall be elected more than twice
in succession to the same office. Each officer shall serve
until their successor has been elected and qualified.
(D) (Blank).
(E) Six voting members of the Disciplinary Board, at least 4 of whom are physicians,
shall constitute a quorum. A vacancy in the membership of
the Disciplinary Board shall not impair the right of a
quorum to exercise all the rights and perform all the duties
of the Disciplinary Board. Any action taken by the
Disciplinary Board under this Act may be authorized by
resolution at any regular or special meeting and each such
resolution shall take effect immediately. The Disciplinary
Board shall meet at least quarterly.
(F) Each member, and member-officer, of the
Disciplinary Board shall receive a per diem stipend
as the
Secretary shall determine. Each member shall be paid their necessary
expenses while engaged in the performance of their duties.
(G) The Secretary shall select a Chief Medical
Coordinator and not less than 2 Deputy Medical Coordinators
who shall not
be members of the Disciplinary Board. Each medical
coordinator shall be a physician licensed to practice
medicine in all of its branches, and the Secretary shall set
their rates of compensation. The Secretary shall assign at least
one
medical
coordinator to
a region composed of Cook County and
such other counties as the Secretary may deem appropriate,
and such medical coordinator or coordinators shall locate their office in
Chicago. The Secretary shall assign at least one medical
coordinator to a region composed of the balance of counties
in the State, and such medical coordinator or coordinators shall locate
their office in Springfield. The Chief Medical Coordinator shall be the chief enforcement officer of this Act. None of the functions, powers, or duties of the Department with respect to policies regarding enforcement or discipline under this Act, including the adoption of such rules as may be necessary for the administration of this Act, shall be exercised by the Department except upon review of the Disciplinary Board.
The Secretary shall employ, in conformity with the
Personnel Code, investigators who are college graduates with at least 2
years of investigative experience or one year of advanced medical
education. Upon the written request of the Disciplinary
Board, the Secretary shall employ, in conformity with the
Personnel Code, such other professional, technical,
investigative, and clerical help, either on a full or
part-time basis as the Disciplinary Board deems necessary
for the proper performance of its duties.
(H) Upon the specific request of the Disciplinary
Board, signed by either the chairperson, vice chairperson, or a
medical coordinator of the Disciplinary Board, the
Department of Human Services, the Department of Healthcare and Family Services, the
Department of State Police, or any other law enforcement agency located in this State shall make available any and all
information that they have in their possession regarding a
particular case then under investigation by the Disciplinary
Board.
(I) Members of the Disciplinary Board shall be immune
from suit in any action based upon any disciplinary
proceedings or other acts performed in good faith as members
of the Disciplinary Board.
(J) The Disciplinary Board may compile and establish a
statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed
to serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators or the Disciplinary Board in their investigations and participation in
complaints against physicians. Such advisors shall serve
under contract and shall be reimbursed at a reasonable rate for the services
provided, plus reasonable expenses incurred.
While serving in this capacity, the advisor, for any act
undertaken in good faith and in the conduct of his or her duties
under this Section, shall be immune from civil suit.
(K) This Section is inoperative when a majority of the Medical Board is appointed. This Section is repealed one year after the effective date of this amendatory Act of the 102nd General Assembly. (Source: P.A. 102-20, eff. 1-1-22.)
(Text of Section from P.A. 102-538) (Section scheduled to be repealed on January 1, 2023)
Sec. 7. Medical Disciplinary Board.
(A) There is hereby created the Illinois
State Medical Disciplinary Board. The Disciplinary Board shall
consist of 11 members, to be appointed by the Governor by and
with the advice and consent of the Senate. All members shall be
residents of the State, not more than 6 of whom shall be
members of the same political party. All members shall be voting members. Five members shall be
physicians licensed to practice medicine in all of its
branches in Illinois possessing the degree of doctor of
medicine. One member shall be a physician licensed to practice medicine in all its branches in Illinois possessing the degree of doctor of osteopathy or osteopathic medicine. One member shall be a chiropractic physician licensed to practice in Illinois and possessing the degree of doctor of chiropractic. Four members shall be members of the public, who shall not
be engaged in any way, directly or indirectly, as providers
of health care.
(B) Members of the Disciplinary Board shall be appointed
for terms of 4 years. Upon the expiration of the term of
any member, his or her successor shall be appointed for a term of
4 years by the Governor by and with the advice and
consent of the Senate. The Governor shall fill any vacancy
for the remainder of the unexpired term with the
advice and consent of the Senate. Upon recommendation of
the Board, any member of the Disciplinary Board may be
removed by the Governor for misfeasance, malfeasance, or willful
neglect of duty, after notice, and a public hearing,
unless such notice and hearing shall be expressly waived in
writing. Each member shall serve on the Disciplinary Board
until their successor is appointed and qualified. No member
of the Disciplinary Board shall serve more than 2
consecutive 4 year terms.
In making appointments the Governor shall attempt to
insure that the various social and geographic regions of the
State of Illinois are properly represented.
In making the designation of persons to act for the
several professions represented on the Disciplinary Board,
the Governor shall give due consideration to recommendations
by members of the respective professions and by
organizations therein.
(C) The Disciplinary Board shall annually elect one of
its voting members as chairperson and one as vice
chairperson. No officer shall be elected more than twice
in succession to the same office. Each officer shall serve
until their successor has been elected and qualified.
(D) (Blank).
(E) Six voting members of the Disciplinary Board, at least 4 of whom are physicians,
shall constitute a quorum. A vacancy in the membership of
the Disciplinary Board shall not impair the right of a
quorum to exercise all the rights and perform all the duties
of the Disciplinary Board. Any action taken by the
Disciplinary Board under this Act may be authorized by
resolution at any regular or special meeting and each such
resolution shall take effect immediately. The Disciplinary
Board shall meet at least quarterly.
(F) Each member, and member-officer, of the
Disciplinary Board shall receive a per diem stipend
as the
Secretary shall determine. Each member shall be paid their necessary
expenses while engaged in the performance of their duties.
(G) The Secretary shall select a Chief Medical
Coordinator and not less than 2 Deputy Medical Coordinators
who shall not
be members of the Disciplinary Board. Each medical
coordinator shall be a physician licensed to practice
medicine in all of its branches, and the Secretary shall set
their rates of compensation. The Secretary shall assign at least
one
medical
coordinator to
a region composed of Cook County and
such other counties as the Secretary may deem appropriate,
and such medical coordinator or coordinators shall locate their office in
Chicago. The Secretary shall assign at least one medical
coordinator to a region composed of the balance of counties
in the State, and such medical coordinator or coordinators shall locate
their office in Springfield. The Chief Medical Coordinator shall be the chief enforcement officer of this Act. None of the functions, powers, or duties of the Department with respect to policies regarding enforcement or discipline under this Act, including the adoption of such rules as may be necessary for the administration of this Act, shall be exercised by the Department except upon review of the Disciplinary Board.
The Secretary shall employ, in conformity with the
Personnel Code, investigators who are college graduates with at least 2
years of investigative experience or one year of advanced medical
education. Upon the written request of the Disciplinary
Board, the Secretary shall employ, in conformity with the
Personnel Code, such other professional, technical,
investigative, and clerical help, either on a full or
part-time basis as the Disciplinary Board deems necessary
for the proper performance of its duties.
(H) Upon the specific request of the Disciplinary
Board, signed by either the chairperson, vice chairperson, or a
medical coordinator of the Disciplinary Board, the
Department of Human Services, the Department of Healthcare and Family Services, the
Illinois State Police, or any other law enforcement agency located in this State shall make available any and all
information that they have in their possession regarding a
particular case then under investigation by the Disciplinary
Board.
(I) Members of the Disciplinary Board shall be immune
from suit in any action based upon any disciplinary
proceedings or other acts performed in good faith as members
of the Disciplinary Board.
(J) The Disciplinary Board may compile and establish a
statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed
to serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators or the Disciplinary Board in their investigations and participation in
complaints against physicians. Such advisors shall serve
under contract and shall be reimbursed at a reasonable rate for the services
provided, plus reasonable expenses incurred.
While serving in this capacity, the advisor, for any act
undertaken in good faith and in the conduct of his or her duties
under this Section, shall be immune from civil suit.
(Source: P.A. 102-538, eff. 8-20-21.)
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