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92_HB1864 LRB9205359DJgcA 1 AN ACT in relation to health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Woman's Right to Know Act. 6 Section 5. Legislative findings and intent. 7 (a) The General Assembly of the State of Illinois finds 8 that: 9 (1) Many women now seek or are encouraged to undergo 10 elective abortions without full knowledge of the medical 11 and psychological risks of abortion, development of the 12 unborn child, or alternatives to abortion. An abortion 13 decision is often made under stressful circumstances. 14 (2) The knowledgeable exercise of a woman's decision 15 to have an elective abortion depends on the extent to 16 which the woman receives sufficient information to make a 17 voluntary and informed choice between 2 alternatives of 18 great consequence: carrying a child to birth or 19 undergoing an abortion. 20 (3) The U.S. Supreme Court has stated: "In 21 attempting to ensure that a woman apprehends the full 22 consequences of her decision, the State furthers the 23 legitimate purpose of reducing the risk that a woman may 24 elect an abortion, only to discover later, with 25 devastating psychological consequences, that her decision 26 was not fully informed." (Planned Parenthood of 27 Southeastern Pennsylvania v. Casey, 112 U.S. 2791, 2823 28 (1992). 29 (4) The decision to abort "is an important, and 30 often a stressful one, and it is desirable and imperative 31 that it be made with full knowledge of its nature and -2- LRB9205359DJgcA 1 consequences." (Planned Parenthood v. Danforth, 428 U.S. 2 52, 67 (1976). 3 (5) It is essential to the psychological and 4 physical well-being of a woman considering an elective 5 abortion that she receive complete and accurate 6 information on all options available to her in dealing 7 with her pregnancy. 8 (6) Women who seek elective abortions at abortion 9 clinics do not have a prior patient-physician 10 relationship with the physician who is to perform or 11 induce the abortion, normally do not return to the 12 facility for post-operative care, and normally do not 13 continue a patient-physician relationship with the 14 physician who performed or induced the abortion. In most 15 instances, the woman's only actual contact with the 16 physician occurs simultaneously with the abortion 17 procedure, with little opportunity to receive personal 18 counseling by the physician concerning her decision. 19 Because of this, certain safeguards are necessary to 20 protect a woman's right to know. 21 (7) A reasonable waiting period is critical to 22 ensure that a woman has the fullest opportunity to give 23 her voluntary and informed consent before she elects to 24 undergo an abortion. 25 (b) Based on the findings in subsection (a), it is the 26 intent of the legislature in enacting this Act to further the 27 important and compelling State interests in all of the 28 following: 29 (1) Protecting the life and health of the woman 30 subject to an elective abortion and, to the extent 31 constitutionally permissible, the life of her unborn 32 child. 33 (2) Fostering the development of standards of 34 professional conduct in the practice of abortion. -3- LRB9205359DJgcA 1 (3) Ensuring that prior to the performance or 2 inducement of an elective abortion, the woman considering 3 an elective abortion receives personal counseling by the 4 physician and is given a full range of information 5 regarding her pregnancy, her unborn child, the abortion, 6 the medical and psychological risks of abortion, and 7 available alternatives to the abortion. 8 (4) Reducing the risk that a woman may elect an 9 abortion, only to discover later, with devastating 10 psychological consequences, that her decision was not 11 fully informed. Planned Parenthood v. Casey, 112 S. Ct. 12 2971, 2823 (1992). 13 (5) Ensuring that a woman who decides to have an 14 elective abortion gives her voluntary and informed 15 consent to the abortion procedure. 16 Section 10. Definitions. As used in this Act: 17 "Abortion" means the use of any instrument, medicine, 18 drug, or other substance or device to terminate the pregnancy 19 of a woman known to be pregnant with an intention other than 20 to increase the probability of a live birth, to preserve the 21 life or health of a child after birth, or to remove a dead 22 fetus. 23 "Department" means the Department of Public Health of the 24 State of Illinois. 25 "Medical emergency" means any condition that, on the 26 basis of the physician's good faith clinical judgment, so 27 complicates the medical condition of a pregnant female as to 28 necessitate the immediate abortion of her pregnancy to avert 29 her death or for which a delay will create serious risk of 30 substantial and irreversible impairment of a major bodily 31 function. 32 "Probable gestational age of the unborn child" means the 33 number of weeks that have elapsed from the probable time of -4- LRB9205359DJgcA 1 fertilization of a woman's ovum, based on the information 2 provided by the woman as to the time of her last menstrual 3 period, her medical history, a physical examination performed 4 by the physician who is to perform or induce the abortion or 5 by any other physician, and any appropriate laboratory tests 6 performed on her. 7 "Qualified person assisting the physician" means a 8 licensed social worker, a registered nurse, or a physician 9 assistant to whom a physician who is to perform or induce an 10 abortion has delegated the responsibility, as the physician's 11 agent, for providing the information required under Section 12 15. 13 "Referring physician" means a physician, as defined in 14 this Act, who is other than the physician who is to perform 15 the abortion. 16 "Physician" means any person licensed to practice 17 medicine in all its branches under the Medical Practice Act 18 of 1987. 19 "Viability" means the state of fetal development when, in 20 the judgment of the physician based on the particular facts 21 of the case before him or her and in light of the most 22 advanced medical technology and information available to him 23 or her, there is a reasonable likelihood of sustained 24 survival of the unborn child outside the body of his or her 25 mother, with or without artificial support. 26 Section 15. Informed consent requirement. 27 (a) An abortion shall not be performed or induced unless 28 the woman upon whom the abortion is to be performed or 29 induced has given her voluntary and informed consent. 30 (b) Consent under this Section to an abortion is 31 voluntary only if the consent is given freely and without 32 coercion by any person. 33 (c) Except in the case of a medical emergency, consent to -5- LRB9205359DJgcA 1 an abortion is voluntary and informed if and only if: 2 (1) At least 24 hours before the abortion is to be 3 performed or induced, the physician who is to perform or 4 induce the abortion or the referring physician has, in 5 person, orally informed the woman of all of the 6 following: 7 (A) The name of the physician who will perform 8 the abortion. 9 (B) Whether, according to the reasonable 10 medical judgment of the physician, the woman is 11 pregnant. 12 (C) The probable gestational age of the unborn 13 child at the time that the information is provided. 14 (D) The particular medical risks, if any, 15 associated with the woman's pregnancy. 16 (E) The probable anatomical and physiological 17 characteristics of the woman's unborn child at the 18 time the information is given. 19 (F) The details of the medical or surgical 20 method that would be used in performing or inducing 21 the abortion. 22 (G) The medical risks associated with the 23 particular abortion procedure that would be used, 24 including but not limited to the medical risks of 25 infection, psychological trauma, hemorrhage, 26 endometritis, perforated uterus, breast cancer, 27 incomplete abortion, failed abortion, danger to 28 subsequent pregnancies, and infertility. 29 (H) The recommended general medical 30 instructions for the woman to follow after an 31 abortion to enhance her safe recovery and the name 32 and telephone number of a physician to call if 33 complications arise after the abortion. 34 (I) If, in the reasonable medical judgment of -6- LRB9205359DJgcA 1 the physician, the woman's unborn child has reached 2 viability, that the physician who is to perform or 3 induce the abortion or a second physician is 4 required to take all reasonable steps necessary to 5 maintain the life and health of the child. 6 (J) Any other information that a reasonable 7 patient would consider material and relevant to a 8 decision of whether to carry a child to birth or to 9 undergo an abortion. 10 (K) That the woman may withdraw her consent to 11 have an abortion at any time before the abortion is 12 performed or induced. 13 (L) That, except as provided in Section 25, the 14 woman is not required to pay any amount for 15 performance or inducement of the abortion until at 16 least 24 hours have elapsed after the requirements 17 of this Section are met. 18 (2) Except as provided in Section 25, at least 24 19 hours before the abortion is to be performed or induced, 20 the physician who is to perform or induce the abortion, a 21 qualified person assisting the physician, or another 22 physician has, in person, orally informed the woman of 23 all of the following: 24 (A) Medical assistance benefits may be 25 available for prenatal care, childbirth, and 26 neonatal care, and that more detailed information on 27 the availability of such assistance is contained in 28 the printed materials given to her and described in 29 Section 20. 30 (B) That the father of the unborn child is 31 liable for assistance in the support of the woman's 32 child, if born, even if the father has offered to 33 pay for the abortion. In the case of rape or incest, 34 this information may be omitted. -7- LRB9205359DJgcA 1 (C) The probable gestational age of the unborn 2 child at the time the abortion is to be performed, 3 and, if the unborn child is viable or has reached 4 the gestational age of 24 weeks, that (i) the unborn 5 child may be able to survive outside the womb; (ii) 6 the woman has the right to request the physician to 7 use the method of abortion that is most likely to 8 preserve the life of the unborn child; and (iii) if 9 the unborn child is born alive, the attending 10 physician has the legal obligation to take all 11 reasonable steps necessary to maintain the life and 12 health of the child. 13 (D) That the woman has the right to receive and 14 review the printed materials described in Section 15 20. 16 (E) That the physician or qualified person 17 assisting the physician must (i) physically give the 18 materials to the woman and must, in person, orally 19 inform her that the materials are free of charge, 20 have been provided by the State, and describe the 21 unborn child and list agencies that offer 22 alternatives to abortion and that the physician or 23 other person will provide her with the current 24 updated copies of the printed materials free of 25 charge. 26 (3) The information that is required under 27 subdivisions (c)(1) and (c)(2) is provided to the woman 28 in an individual setting that protects her privacy, 29 maintains the confidentiality of her decision, and 30 ensures that the information she receives focuses on her 31 individual circumstances. This paragraph (3) may not be 32 construed to prevent the woman from having a family 33 member or legal guardian, or any other person of her 34 choice, present during her private counseling. -8- LRB9205359DJgcA 1 (4) Whoever provides the information that is 2 required under subdivision (c)(1) or (c)(2), or both, 3 provides adequate opportunity for the woman to ask 4 questions, including questions concerning the pregnancy, 5 her unborn child, abortion, and adoption, and provides 6 the information that is requested or indicates to the 7 woman where she can obtain the information. 8 (5) The woman certifies in writing on a form that 9 the Department shall provide, prior to performance or 10 inducement of the abortion, that the information that is 11 required under subdivisions (c)(1) and (c)(2) has been 12 provided to her in the manner specified in subdivision 13 (c)(3), that she has been offered the information 14 described in Section 20, and that all of her questions, 15 as specified under subdivision (c)(4) have been answered 16 in a satisfactory manner. The physician who is to 17 perform or induce the abortion or the qualified person 18 assisting the physician shall write on the certification 19 form the name of the physician who is to perform or 20 induce the abortion. The woman shall indicate on the 21 certification form who provided the information to her 22 and when it was provided. 23 (6) Prior to the performance or the inducement of 24 the abortion, the physician who is to perform or induce 25 the abortion or the qualified person assisting the 26 physician receives the written certification that is 27 required under subdivision (c)(5). The physician or 28 qualified person assisting the physician shall place the 29 certification in the woman's medical record and shall 30 provide the woman with a copy of the certification. 31 (7) If the woman considering an abortion has been 32 adjudicated incompetent, the requirements to provide 33 information to the woman under Section 15 apply to also 34 require provision of the information to the person -9- LRB9205359DJgcA 1 appointed as the woman's guardian. 2 Section 20. Publication of materials. 3 (a) Within 90 days after the effective date of this Act, 4 the Department shall cause to be published in English, 5 Spanish, and other languages spoken by a significant number 6 of State residents, as determined by the Department, 7 materials that are in an easily comprehensible format and are 8 printed in type of not less than 12-point size. The 9 Department shall update on an annual basis the following 10 materials: 11 (1) Geographically indexed materials that are 12 designed to inform a woman about public and private 13 agencies, including adoption agencies, available to 14 assist her through pregnancy, upon childbirth, and while 15 the child is dependent. The materials shall include a 16 comprehensive list of the agencies available, a 17 description of the services that they offer, and a 18 description of the manner in which they may be contacted, 19 including telephone numbers and addresses. The materials 20 shall include a toll-free, 24-hour telephone number that 21 may be called to obtain an oral listing of available 22 agencies and services in the locality of the caller and a 23 description of the services that the agencies offer and 24 the manner in which they may be contacted. The materials 25 shall provide information on the availability of 26 governmentally funded programs that serve pregnant women 27 and children. Services identified for the woman shall 28 include temporary assistance for needy families, medical 29 assistance for pregnant women and children, the 30 availability of family or medical leave, child care 31 services, child support laws, and programs and the credit 32 for expenses for household and dependent care and 33 services necessary for gainful employment. The materials -10- LRB9205359DJgcA 1 shall state that it is unlawful to perform an abortion 2 for which consent has been coerced, that any physician 3 who performs or induces an abortion without obtaining the 4 woman's voluntary and informed consent is liable to her 5 for damages in a civil action and is subject to a civil 6 penalty, that the father of a child is liable for 7 assistance in the support of the child, even in instances 8 in which the father has offered to pay for an abortion, 9 and that adoptive parents may pay the costs of prenatal 10 care, childbirth, and neonatal care. The material shall 11 include the following statement: "There are many public 12 and private agencies willing and able to help you to 13 carry your child to term, and to assist you and your 14 child after your child is born, whether you choose to 15 keep your child or to place her or him for adoption. The 16 State of Illinois strongly urges you to contact one or 17 more of these agencies before making a final decision 18 about abortion. The law requires that your physician or 19 his or her agent give you the opportunity to call 20 agencies like these before you undergo an abortion." The 21 materials shall include information, for a woman whose 22 pregnancy is the result of sexual assault or incest, on 23 legal protections available to the woman and her child if 24 she wishes to oppose establishment of paternity or to 25 terminate the father's parental rights. 26 (2) Materials, including photographs, pictures, or 27 drawings, that are designed to inform the woman of the 28 probable anatomical and physiological characteristics of 29 the unborn child at 2-week gestational increments for the 30 first 16 weeks of her pregnancy and at 4-week gestational 31 increments from the 17th week of the pregnancy to full 32 term, including any relevant information regarding the 33 time at which the unborn child could possibly be viable. 34 The pictures or drawings must contain the dimensions of -11- LRB9205359DJgcA 1 the unborn child and must be realistic and appropriate 2 for the stage of pregnancy depicted. The materials shall 3 be objective, nonjudgmental, and designed to convey only 4 accurate scientific information about the unborn child at 5 the various gestational ages, including appearance, 6 mobility, brain and heart activity and function, tactile 7 sensitivity, and the presence of internal organs and 8 external members. The materials shall also contain 9 objective, accurate information describing the methods of 10 abortion procedures commonly employed, the medical and 11 psychological risks commonly associated with each such 12 procedure, including the risks of infection, 13 psychological trauma, hemorrhage, endometritis, 14 perforated uterus, breast cancer, incomplete abortion, 15 failed abortion, danger to subsequent pregnancies, and 16 infertility, and the medical risks commonly associated 17 with carrying a child to birth. 18 (3) A certification form for use under subdivision 19 (c)(5) of Section 15 that lists, in a check-off format, 20 all of the information required to be provided under that 21 Section. 22 (b) A physician who intends to perform or induce an 23 abortion or a referring physician, who reasonably believes 24 that he or she might have a patient for whom the information 25 in subsection (a) is required to be given, shall request a 26 reasonably adequate number of the materials that are 27 described in subsection (a) from the Department. 28 Section 25. Medical emergencies. If a medical emergency 29 exists, the physician who is to perform or induce the 30 abortion necessitated by the medical emergency shall inform 31 the woman, prior to the abortion if possible, of the medical 32 indications supporting the physician's reasonable medical 33 judgment that an immediate abortion is necessary to avert her -12- LRB9205359DJgcA 1 death or that a 24-hour delay in performance or inducement of 2 an abortion will create a serious risk of substantial and 3 irreversible impairment of one or more of the woman's major 4 bodily functions. If possible, the physician shall obtain 5 the woman's written consent prior to the abortion. The 6 physician shall certify these medical indications in writing 7 and place the certification in the woman's medical record. 8 Section 30. Pregnancy as the result of sexual assault or 9 incest. A woman seeking an abortion may waive the 24-hour 10 period required under subdivision (c)(1) of Section 15, if 11 the woman alleges that the pregnancy is the result of sexual 12 assault. 13 Section 35. Violation; penalty. A physician's violation 14 of this Act is grounds for disciplinary action under the 15 Medical Practice Act of 1987. 16 Section 40. Civil remedies. 17 (a) A person who violates Section 15 is liable to the 18 woman on or for whom the abortion was performed or induced 19 for damages arising out of the performance or inducement of 20 the abortion, including damages for personal injury and 21 emotional and psychological distress. 22 (b) A person who recovers damages under subsection (a) 23 may also recover reasonable attorney fees incurred in 24 connection with the action. 25 (c) A contract is not a defense to an action under this 26 subsection. 27 (d) Nothing in this Act limits the common law rights of a 28 person that are not in conflict with this Act. 29 Section 50. Construction. Nothing in this Act shall be 30 construed as creating or recognizing a right to abortion or -13- LRB9205359DJgcA 1 as making lawful an abortion that is otherwise unlawful. 2 Section 55. Severability. If any provision, word, phrase, 3 or clause of this Act or its application to any person or 4 circumstance is held invalid, the invalidity of that 5 provision or application does not affect the provisions, 6 words, phrases, clauses, or applications of the Act which can 7 be given effect without the invalid provision, word, phrase, 8 clause, or application, and to this end the provisions, 9 words, phrases, and clauses of this Act are declared to be 10 severable. 11 Section 90. The Medical Practice Act of 1987 is amended 12 by changing Section 22 as follows: 13 (225 ILCS 60/22) (from Ch. 111, par. 4400-22) 14 Sec. 22. Disciplinary action. 15 (A) The Department may revoke, suspend, place on 16 probationary status, or take any other disciplinary action as 17 the Department may deem proper with regard to the license or 18 visiting professor permit of any person issued under this Act 19 to practice medicine, or to treat human ailments without the 20 use of drugs and without operative surgery upon any of the 21 following grounds: 22 (1) Performance of an elective abortion in any 23 place, locale, facility, or institution other than: 24 (a) a facility licensed pursuant to the 25 Ambulatory Surgical Treatment Center Act; 26 (b) an institution licensed under the Hospital 27 Licensing Act; or 28 (c) an ambulatory surgical treatment center or 29 hospitalization or care facility maintained by the 30 State or any agency thereof, where such department 31 or agency has authority under law to establish and -14- LRB9205359DJgcA 1 enforce standards for the ambulatory surgical 2 treatment centers, hospitalization, or care 3 facilities under its management and control; or 4 (d) ambulatory surgical treatment centers, 5 hospitalization or care facilities maintained by the 6 Federal Government; or 7 (e) ambulatory surgical treatment centers, 8 hospitalization or care facilities maintained by any 9 university or college established under the laws of 10 this State and supported principally by public funds 11 raised by taxation. 12 (2) Performance of an abortion procedure in a 13 wilful and wanton manner on a woman who was not pregnant 14 at the time the abortion procedure was performed. 15 (3) The conviction of a felony in this or any other 16 jurisdiction, except as otherwise provided in subsection 17 B of this Section, whether or not related to practice 18 under this Act, or the entry of a guilty or nolo 19 contendere plea to a felony charge. 20 (4) Gross negligence in practice under this Act. 21 (5) Engaging in dishonorable, unethical or 22 unprofessional conduct of a character likely to deceive, 23 defraud or harm the public. 24 (6) Obtaining any fee by fraud, deceit, or 25 misrepresentation. 26 (7) Habitual or excessive use or abuse of drugs 27 defined in law as controlled substances, of alcohol, or 28 of any other substances which results in the inability to 29 practice with reasonable judgment, skill or safety. 30 (8) Practicing under a false or, except as provided 31 by law, an assumed name. 32 (9) Fraud or misrepresentation in applying for, or 33 procuring, a license under this Act or in connection with 34 applying for renewal of a license under this Act. -15- LRB9205359DJgcA 1 (10) Making a false or misleading statement 2 regarding their skill or the efficacy or value of the 3 medicine, treatment, or remedy prescribed by them at 4 their direction in the treatment of any disease or other 5 condition of the body or mind. 6 (11) Allowing another person or organization to use 7 their license, procured under this Act, to practice. 8 (12) Disciplinary action of another state or 9 jurisdiction against a license or other authorization to 10 practice as a medical doctor, doctor of osteopathy, 11 doctor of osteopathic medicine or doctor of chiropractic, 12 a certified copy of the record of the action taken by the 13 other state or jurisdiction being prima facie evidence 14 thereof. 15 (13) Violation of any provision of this Act or of 16 the Medical Practice Act prior to the repeal of that Act, 17 or violation of the rules, or a final administrative 18 action of the Director, after consideration of the 19 recommendation of the Disciplinary Board. 20 (14) Dividing with anyone other than physicians 21 with whom the licensee practices in a partnership, 22 Professional Association, limited liability company, or 23 Medical or Professional Corporation any fee, commission, 24 rebate or other form of compensation for any professional 25 services not actually and personally rendered. Nothing 26 contained in this subsection prohibits persons holding 27 valid and current licenses under this Act from practicing 28 medicine in partnership under a partnership agreement, 29 including a limited liability partnership, in a limited 30 liability company under the Limited Liability Company 31 Act, in a corporation authorized by the Medical 32 Corporation Act, as an association authorized by the 33 Professional Association Act, or in a corporation under 34 the Professional Corporation Act or from pooling, -16- LRB9205359DJgcA 1 sharing, dividing or apportioning the fees and monies 2 received by them or by the partnership, corporation or 3 association in accordance with the partnership agreement 4 or the policies of the Board of Directors of the 5 corporation or association. Nothing contained in this 6 subsection prohibits 2 or more corporations authorized by 7 the Medical Corporation Act, from forming a partnership 8 or joint venture of such corporations, and providing 9 medical, surgical and scientific research and knowledge 10 by employees of these corporations if such employees are 11 licensed under this Act, or from pooling, sharing, 12 dividing, or apportioning the fees and monies received by 13 the partnership or joint venture in accordance with the 14 partnership or joint venture agreement. Nothing 15 contained in this subsection shall abrogate the right of 16 2 or more persons, holding valid and current licenses 17 under this Act, to each receive adequate compensation for 18 concurrently rendering professional services to a patient 19 and divide a fee; provided, the patient has full 20 knowledge of the division, and, provided, that the 21 division is made in proportion to the services performed 22 and responsibility assumed by each. 23 (15) A finding by the Medical Disciplinary Board 24 that the registrant after having his or her license 25 placed on probationary status or subjected to conditions 26 or restrictions violated the terms of the probation or 27 failed to comply with such terms or conditions. 28 (16) Abandonment of a patient. 29 (17) Prescribing, selling, administering, 30 distributing, giving or self-administering any drug 31 classified as a controlled substance (designated product) 32 or narcotic for other than medically accepted therapeutic 33 purposes. 34 (18) Promotion of the sale of drugs, devices, -17- LRB9205359DJgcA 1 appliances or goods provided for a patient in such manner 2 as to exploit the patient for financial gain of the 3 physician. 4 (19) Offering, undertaking or agreeing to cure or 5 treat disease by a secret method, procedure, treatment or 6 medicine, or the treating, operating or prescribing for 7 any human condition by a method, means or procedure which 8 the licensee refuses to divulge upon demand of the 9 Department. 10 (20) Immoral conduct in the commission of any act 11 including, but not limited to, commission of an act of 12 sexual misconduct related to the licensee's practice. 13 (21) Wilfully making or filing false records or 14 reports in his or her practice as a physician, including, 15 but not limited to, false records to support claims 16 against the medical assistance program of the Department 17 of Public Aid under the Illinois Public Aid Code. 18 (22) Wilful omission to file or record, or wilfully 19 impeding the filing or recording, or inducing another 20 person to omit to file or record, medical reports as 21 required by law, or wilfully failing to report an 22 instance of suspected abuse or neglect as required by 23 law. 24 (23) Being named as a perpetrator in an indicated 25 report by the Department of Children and Family Services 26 under the Abused and Neglected Child Reporting Act, and 27 upon proof by clear and convincing evidence that the 28 licensee has caused a child to be an abused child or 29 neglected child as defined in the Abused and Neglected 30 Child Reporting Act. 31 (24) Solicitation of professional patronage by any 32 corporation, agents or persons, or profiting from those 33 representing themselves to be agents of the licensee. 34 (25) Gross and wilful and continued overcharging -18- LRB9205359DJgcA 1 for professional services, including filing false 2 statements for collection of fees for which services are 3 not rendered, including, but not limited to, filing such 4 false statements for collection of monies for services 5 not rendered from the medical assistance program of the 6 Department of Public Aid under the Illinois Public Aid 7 Code. 8 (26) A pattern of practice or other behavior which 9 demonstrates incapacity or incompetence to practice under 10 this Act. 11 (27) Mental illness or disability which results in 12 the inability to practice under this Act with reasonable 13 judgment, skill or safety. 14 (28) Physical illness, including, but not limited 15 to, deterioration through the aging process, or loss of 16 motor skill which results in a physician's inability to 17 practice under this Act with reasonable judgment, skill 18 or safety. 19 (29) Cheating on or attempt to subvert the 20 licensing examinations administered under this Act. 21 (30) Wilfully or negligently violating the 22 confidentiality between physician and patient except as 23 required by law. 24 (31) The use of any false, fraudulent, or deceptive 25 statement in any document connected with practice under 26 this Act. 27 (32) Aiding and abetting an individual not licensed 28 under this Act in the practice of a profession licensed 29 under this Act. 30 (33) Violating state or federal laws or regulations 31 relating to controlled substances. 32 (34) Failure to report to the Department any 33 adverse final action taken against them by another 34 licensing jurisdiction (any other state or any territory -19- LRB9205359DJgcA 1 of the United States or any foreign state or country), by 2 any peer review body, by any health care institution, by 3 any professional society or association related to 4 practice under this Act, by any governmental agency, by 5 any law enforcement agency, or by any court for acts or 6 conduct similar to acts or conduct which would constitute 7 grounds for action as defined in this Section. 8 (35) Failure to report to the Department surrender 9 of a license or authorization to practice as a medical 10 doctor, a doctor of osteopathy, a doctor of osteopathic 11 medicine, or doctor of chiropractic in another state or 12 jurisdiction, or surrender of membership on any medical 13 staff or in any medical or professional association or 14 society, while under disciplinary investigation by any of 15 those authorities or bodies, for acts or conduct similar 16 to acts or conduct which would constitute grounds for 17 action as defined in this Section. 18 (36) Failure to report to the Department any 19 adverse judgment, settlement, or award arising from a 20 liability claim related to acts or conduct similar to 21 acts or conduct which would constitute grounds for action 22 as defined in this Section. 23 (37) Failure to transfer copies of medical records 24 as required by law. 25 (38) Failure to furnish the Department, its 26 investigators or representatives, relevant information, 27 legally requested by the Department after consultation 28 with the Chief Medical Coordinator or the Deputy Medical 29 Coordinator. 30 (39) Violating the Health Care Worker Self-Referral 31 Act. 32 (40) Willful failure to provide notice when notice 33 is required under the Parental Notice of Abortion Act of 34 1995. -20- LRB9205359DJgcA 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 nurses resulting in an inability to adequately 6 collaborate and provide medical direction. 7 (43) Repeated failure to adequately collaborate 8 with or provide medical direction to a licensed advanced 9 practice nurse. 10 (44) Violating the Woman's Right to Know Act. 11 All proceedings to suspend, revoke, place on probationary 12 status, or take any other disciplinary action as the 13 Department may deem proper, with regard to a license on any 14 of the foregoing grounds, must be commenced within 3 years 15 next after receipt by the Department of a complaint alleging 16 the commission of or notice of the conviction order for any 17 of the acts described herein. Except for the grounds 18 numbered (8), (9) and (29), no action shall be commenced more 19 than 5 years after the date of the incident or act alleged to 20 have violated this Section. In the event of the settlement 21 of any claim or cause of action in favor of the claimant or 22 the reduction to final judgment of any civil action in favor 23 of the plaintiff, such claim, cause of action or civil action 24 being grounded on the allegation that a person licensed under 25 this Act was negligent in providing care, the Department 26 shall have an additional period of one year from the date of 27 notification to the Department under Section 23 of this Act 28 of such settlement or final judgment in which to investigate 29 and commence formal disciplinary proceedings under Section 36 30 of this Act, except as otherwise provided by law. The time 31 during which the holder of the license was outside the State 32 of Illinois shall not be included within any period of time 33 limiting the commencement of disciplinary action by the 34 Department. -21- LRB9205359DJgcA 1 The entry of an order or judgment by any circuit court 2 establishing that any person holding a license under this Act 3 is a person in need of mental treatment operates as a 4 suspension of that license. That person may resume their 5 practice only upon the entry of a Departmental order based 6 upon a finding by the Medical Disciplinary Board that they 7 have been determined to be recovered from mental illness by 8 the court and upon the Disciplinary Board's recommendation 9 that they be permitted to resume their practice. 10 The Department may refuse to issue or take disciplinary 11 action concerning the license of any person who fails to file 12 a return, or to pay the tax, penalty or interest shown in a 13 filed return, or to pay any final assessment of tax, penalty 14 or interest, as required by any tax Act administered by the 15 Illinois Department of Revenue, until such time as the 16 requirements of any such tax Act are satisfied as determined 17 by the Illinois Department of Revenue. 18 The Department, upon the recommendation of the 19 Disciplinary Board, shall adopt rules which set forth 20 standards to be used in determining: 21 (a) when a person will be deemed sufficiently 22 rehabilitated to warrant the public trust; 23 (b) what constitutes dishonorable, unethical or 24 unprofessional conduct of a character likely to deceive, 25 defraud, or harm the public; 26 (c) what constitutes immoral conduct in the 27 commission of any act, including, but not limited to, 28 commission of an act of sexual misconduct related to the 29 licensee's practice; and 30 (d) what constitutes gross negligence in the 31 practice of medicine. 32 However, no such rule shall be admissible into evidence 33 in any civil action except for review of a licensing or other 34 disciplinary action under this Act. -22- LRB9205359DJgcA 1 In enforcing this Section, the Medical Disciplinary 2 Board, upon a showing of a possible violation, may compel any 3 individual licensed to practice under this Act, or who has 4 applied for licensure or a permit pursuant to this Act, to 5 submit to a mental or physical examination, or both, as 6 required by and at the expense of the Department. The 7 examining physician or physicians shall be those specifically 8 designated by the Disciplinary Board. The Medical 9 Disciplinary Board or the Department may order the examining 10 physician to present testimony concerning this mental or 11 physical examination of the licensee or applicant. No 12 information shall be excluded by reason of any common law or 13 statutory privilege relating to communication between the 14 licensee or applicant and the examining physician. The 15 individual to be examined may have, at his or her own 16 expense, another physician of his or her choice present 17 during all aspects of the examination. Failure of any 18 individual to submit to mental or physical examination, when 19 directed, shall be grounds for suspension of his or her 20 license until such time as the individual submits to the 21 examination if the Disciplinary Board finds, after notice and 22 hearing, that the refusal to submit to the examination was 23 without reasonable cause. If the Disciplinary Board finds a 24 physician unable to practice because of the reasons set forth 25 in this Section, the Disciplinary Board shall require such 26 physician to submit to care, counseling, or treatment by 27 physicians approved or designated by the Disciplinary Board, 28 as a condition for continued, reinstated, or renewed 29 licensure to practice. Any physician, whose license was 30 granted pursuant to Sections 9, 17, or 19 of this Act, or, 31 continued, reinstated, renewed, disciplined or supervised, 32 subject to such terms, conditions or restrictions who shall 33 fail to comply with such terms, conditions or restrictions, 34 or to complete a required program of care, counseling, or -23- LRB9205359DJgcA 1 treatment, as determined by the Chief Medical Coordinator or 2 Deputy Medical Coordinators, shall be referred to the 3 Director for a determination as to whether the licensee shall 4 have their license suspended immediately, pending a hearing 5 by the Disciplinary Board. In instances in which the 6 Director immediately suspends a license under this Section, a 7 hearing upon such person's license must be convened by the 8 Disciplinary Board within 15 days after such suspension and 9 completed without appreciable delay. The Disciplinary Board 10 shall have the authority to review the subject physician's 11 record of treatment and counseling regarding the impairment, 12 to the extent permitted by applicable federal statutes and 13 regulations safeguarding the confidentiality of medical 14 records. 15 An individual licensed under this Act, affected under 16 this Section, shall be afforded an opportunity to demonstrate 17 to the Disciplinary Board that they can resume practice in 18 compliance with acceptable and prevailing standards under the 19 provisions of their license. 20 The Department may promulgate rules for the imposition of 21 fines in disciplinary cases, not to exceed $5,000 for each 22 violation of this Act. Fines may be imposed in conjunction 23 with other forms of disciplinary action, but shall not be the 24 exclusive disposition of any disciplinary action arising out 25 of conduct resulting in death or injury to a patient. Any 26 funds collected from such fines shall be deposited in the 27 Medical Disciplinary Fund. 28 (B) The Department shall revoke the license or visiting 29 permit of any person issued under this Act to practice 30 medicine or to treat human ailments without the use of drugs 31 and without operative surgery, who has been convicted a 32 second time of committing any felony under the Illinois 33 Controlled Substances Act, or who has been convicted a second 34 time of committing a Class 1 felony under Sections 8A-3 and -24- LRB9205359DJgcA 1 8A-6 of the Illinois Public Aid Code. A person whose license 2 or visiting permit is revoked under this subsection B of 3 Section 22 of this Act shall be prohibited from practicing 4 medicine or treating human ailments without the use of drugs 5 and without operative surgery. 6 (C) The Medical Disciplinary Board shall recommend to 7 the Department civil penalties and any other appropriate 8 discipline in disciplinary cases when the Board finds that a 9 physician willfully performed an abortion with actual 10 knowledge that the person upon whom the abortion has been 11 performed is a minor or an incompetent person without notice 12 as required under the Parental Notice of Abortion Act of 13 1995. Upon the Board's recommendation, the Department shall 14 impose, for the first violation, a civil penalty of $1,000 15 and for a second or subsequent violation, a civil penalty of 16 $5,000. 17 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 18 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 19 8-13-98.) 20 Section 99. Effective date. This Act takes effect 90 21 days after becoming law.
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