State of Illinois
92nd General Assembly

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 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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