State of Illinois
92nd General Assembly

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[ Engrossed ][ House Amendment 004 ][ Senate Amendment 001 ]



 1        AN ACT concerning abortions.

 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    Parental Notice of Abortion Act of 2001.

 6        Section 5.  Legislative findings and purpose. The General
 7    Assembly finds that notification of an adult family member as
 8    defined  in  this  Act  is  in  the  best  interest   of   an
 9    unemancipated  minor,  and  the General Assembly's purpose in
10    enacting this parental notice law is to further the important
11    and  compelling  State  interests  of  protecting  the   best
12    interests  of  an  unemancipated  minor, fostering the family
13    unit and preserving it as a viable  social  unit,  protecting
14    the constitutional rights of parents to rear children who are
15    members  of  their  household,  and  preventing the influx of
16    minors entering  the State of Illinois to evade the  laws  of
17    their  home  state  that  require  parental  notification  or
18    parental consent.
19        The medical, emotional, and psychological consequences of
20    abortion are sometimes serious and long-lasting, and immature
21    minors  often lack the ability to make fully informed choices
22    that consider both the immediate and long-range consequences.
23        Parental consultation is usually in the best interest  of
24    the  minor  and  is  desirable  since  the capacity to become
25    pregnant and the capacity for mature judgment concerning  the
26    wisdom  of  an abortion are not necessarily related.  Parents
27    ordinarily possess information  essential  to  a  physician's
28    exercise  of  his or her best medical judgment concerning the
29    minor, and parents who are aware their daughter  has  had  an
30    abortion  may better ensure her appropriate medical attention
31    after her abortion.
                            -2-               LRB9205361DJgcA
 1        Section 10.  Definitions.  In this Act:
 2        "Abortion" means the use of any instrument, medicine,  or
 3    drug,  or  any  other  substance  or device, to terminate the
 4    pregnancy of a woman known to be pregnant with  an  intention
 5    other  than  to  increase the probability of a live birth, to
 6    preserve the life or health of a child after live  birth,  or
 7    to remove a dead fetus.
 8        "Actual  notice"  means the giving of notice directly, in
 9    person or by telephone, and not by facsimile, voice mail,  or
10    answering machine message.
11        "Adult family member" means a person over 18 years of age
12    who is:
13             (1) the parent of the minor or incompetent person;
14             (2)  a  step-parent married to and residing with the
15        custodial parent of the minor or incompetent person; or
16             (3) a legal guardian of  the  minor  or  incompetent
17        person.
18        "Constructive notice" means notice sent by certified mail
19    to  the  last known address of the person entitled to notice,
20    with delivery deemed to have  occurred  48  hours  after  the
21    notice is mailed.
22        "Incompetent person" means a person who has been adjudged
23    as  mentally ill or developmentally disabled and who, because
24    of her mental illness or  developmental  disability,  is  not
25    fully  able  to  manage her person and for whom a guardian of
26    the person has been appointed  under  subdivision  (a)(1)  of
27    Section 11a-3 of the Probate Act of 1975.
28        "Medical  emergency" means a condition that, on the basis
29    of a physician's good faith clinical judgment, so complicates
30    the medical condition of a pregnant woman as  to  necessitate
31    the immediate abortion of her pregnancy to avert her death or
32    for which a delay will create serious risk of substantial and
33    irreversible impairment of major bodily function.
34        "Minor" means any person under 18 years of age who is not
                            -3-               LRB9205361DJgcA
 1    or has not been married or who has not been emancipated under
 2    the Emancipation of Mature Minors Act.
 3        "Neglect"  means the failure of an adult family member to
 4    supply a child with necessary  food,  clothing,  shelter,  or
 5    medical  care when reasonably able to do so or the failure to
 6    protect a child from conditions or  actions  that  imminently
 7    and  seriously endanger the child's physical or mental health
 8    when reasonably able to do so.
 9        "Physical abuse" means any physical injury  intentionally
10    inflicted by an adult family member on a child.
11        "Physician"  means a person licensed to practice medicine
12    in all its branches under the Medical Practice Act of 1987.
13        "Sexual  abuse"  means  any  sexual  conduct  or   sexual
14    penetration  as defined in Section 12-12 of the Criminal Code
15    of 1961 that is prohibited by the criminal laws of the  State
16    of  Illinois and committed against a minor by an adult family
17    member as defined in this Act.

18        Section 15.  Notice to adult  family  member.  No  person
19    shall  knowingly  perform an abortion upon a minor or upon an
20    incompetent person unless the person or his or her agent  has
21    given  at  least  48  hours  actual notice to an adult family
22    member of the pregnant minor or incompetent person of his  or
23    her  intention to perform the abortion, unless that person or
24    his or her agent  has  received  a  written  statement  by  a
25    referring  physician  certifying that the referring physician
26    or his or her agent has given at least 48 hours notice to  an
27    adult  family  member  of  the  pregnant minor or incompetent
28    person.  If actual notice is not possible after a  reasonable
29    effort,  the  person  or  his or her agent must give 48 hours
30    constructive notice.

31        Section 20.  Exceptions. Notice  is  not  required  under
32    this Act if:
                            -4-               LRB9205361DJgcA
 1             (1) at the time the abortion is performed, the minor
 2        or incompetent person is accompanied by a person entitled
 3        to notice under this Act; or
 4             (2)  notice under this Act is waived in writing by a
 5        person who is entitled to that notice; or
 6             (3)  the  attending  physician  certifies   in   the
 7        patient's  medical record that a medical emergency exists
 8        and there is insufficient time to  provide  the  required
 9        notice; or
10             (4)  the  minor  declares  in  writing that she is a
11        victim of sexual abuse, neglect, or physical abuse by  an
12        adult family member as defined in this Act, in which case
13        (i) the attending physician must certify in the patient's
14        medical  record  that  he or she has received the written
15        declaration of abuse or neglect and (ii) any notification
16        of public authorities of abuse that may be required under
17        other laws of this State need not be made by  the  person
18        performing the abortion until after the minor receives an
19        abortion that otherwise complies with the requirements of
20        this Act; or
21             (5)  notice  under  this Act is waived under Section
22        25.

23        Section 25.  Procedure for judicial waiver of notice.
24        (a) The requirements and procedures  under  this  Section
25    are  available  to  minors and incompetent persons whether or
26    not they are residents of this State.
27        (b) A  minor  or  incompetent  person  may  petition  any
28    circuit court for a waiver of the parental notice of abortion
29    requirement under this Act and may participate in proceedings
30    on  her  own  behalf.   The court shall appoint a guardian ad
31    litem for her in any such proceedings.  A guardian  ad  litem
32    appointed   under   this   Act   must  act  to  maintain  the
33    confidentiality of the proceedings.  The circuit court  shall
                            -5-               LRB9205361DJgcA
 1    advise  the  minor or incompetent person that she has a right
 2    to court-appointed counsel and shall provide her with counsel
 3    upon her request.
 4        (c)  Court  proceedings  under  this  Section  shall   be
 5    confidential  and  must  ensure the anonymity of the minor or
 6    incompetent person.  All court proceedings under this Section
 7    shall be sealed.  The minor or  incompetent  person  has  the
 8    right  to  file  her  petition  in  the circuit court using a
 9    pseudonym  or  using  solely  her  initials.   All  documents
10    related to the petition shall be confidential and  shall  not
11    be  made  available to the public. These proceedings shall be
12    given precedence over other pending  matters  to  the  extent
13    necessary  to  ensure  that  the  court  reaches  a  decision
14    promptly.  The court shall rule and issue written findings of
15    fact  and  conclusions  of  law  within  48  hours  after the
16    petition is filed, except that the 48-hour limitation may  be
17    extended  at  the request of the minor or incompetent person.
18    If the court fails to rule within the 48-hour period  and  an
19    extension is not requested, then the petition shall be deemed
20    to  have  been  granted,  and the notice requirement shall be
21    waived.
22        (d) Notice under this Act shall be waived  if  the  court
23    finds by clear and convincing evidence either:
24             (1)   that   the  minor  or  incompetent  person  is
25        sufficiently mature and well-enough  informed  to  decide
26        intelligently whether to have an abortion; or
27             (2)  that  notification under Section 15 of this Act
28        would not be in  the  best  interests  of  the  minor  or
29        incompetent person.
30        (e)  A court that conducts proceedings under this Section
31    shall issue written and specific factual findings  and  legal
32    conclusions  supporting  its  decision and shall order that a
33    confidential record of the evidence and the judge's  findings
34    and conclusions be maintained.
                            -6-               LRB9205361DJgcA
 1        (f)  An  expedited confidential appeal shall be available
 2    to any minor or incompetent person to whom the circuit  court
 3    denies   a  waiver  of  notice  under  this  Act.   An  order
 4    authorizing an abortion without  notice  is  not  subject  to
 5    appeal.
 6        (g)  The  following rules apply to the appeal of a denial
 7    of a petition for waiver of parental notice of abortion under
 8    this Section.  These rules shall remain in effect only  until
 9    the Illinois Supreme Court issues its own rules providing for
10    an  expedited  confidential  appeal of a denial of a petition
11    for waiver of parental notice.  If the rules adopted  by  the
12    Illinois  Supreme  Court  are  declared unconstitutional, the
13    following rules are thereafter once again in effect.
14             (1) Review of the denial of  a  waiver  of  parental
15        notice  under  this Act shall be by petition filed in the
16        Appellate Court.   An appropriate supporting record  must
17        accompany  the  petition.   The  record  must include the
18        notice of interlocutory appeal; the  pleadings  filed  in
19        the  circuit  court,  if any; the decision of the circuit
20        court, including the specific findings of fact and  legal
21        conclusions  supporting  the decision; and any supporting
22        documents of record the petition may offer.   The  record
23        may  be  authenticated by the certificate of the clerk of
24        the trial court or by the affidavit  of  an  attorney  or
25        party filing it.
26             (2)  The  minor or incompetent petitioner may file a
27        brief statement of facts and a short  memorandum  of  law
28        supporting her petition.  These may be filed instead of a
29        brief  and abstract and must be filed within 2 days after
30        the denial of the petition for waiver of parental notice.
31             (3) Except by order of the court upon request of the
32        minor or incompetent petitioner or her guardian ad  litem
33        or counsel, no extension of time may be granted.
34             (4)  After  the  petitioner  has filed the petition,
                            -7-               LRB9205361DJgcA
 1        supporting record,  and  any  memorandum,  the  Appellate
 2        Court  shall  consider  and  decide the petition within 2
 3        days.  No oral argument on the petition may be heard.
 4             (5) The minor or incompetent petitioner  may  appear
 5        and file her notice of appeal and her petition using only
 6        her initials or a pseudonym.  If she does not use her own
 7        name,   however,  she  must  provide  the  Clerk  of  the
 8        Appellate  Court  with  a  name,  telephone  number,  and
 9        address where she can be reached to be  informed  of  the
10        time  and  place  of  any hearing and the decision of the
11        court.
12             (6) The Appellate Court  shall  appoint  counsel  to
13        assist  the  minor  or  incompetent  petitioner if she so
14        requests.
15             (7) All Appellate Court records concerning an appeal
16        under this  Section  shall  be  sealed  as  confidential.
17        Inspection  and  copying of any court records relating to
18        the proceeding and the minor or incompetent person who is
19        the subject of the proceeding shall not be  available  to
20        the minor or incompetent person who is the subject of the
21        proceeding or to her guardian ad litem or counsel.
22             (8) Any further appeal to the Illinois Supreme Court
23        may  be  taken  in  a  manner similar to that provided in
24        other civil cases.
25        (h) No fees shall be required of any minor or incompetent
26    person who avails herself of the procedures provided by  this
27    Section.

28        Section  30.   Minor's  consent to abortion. A person may
29    not perform an  abortion  on  a  minor  without  the  minor's
30    consent, except in a medical emergency.

31        Section  35.   Reports.  The  Department of Public Health
32    must comply with the reporting requirements set forth in  the
                            -8-               LRB9205361DJgcA
 1    consent  decree  in Herbst v. O'Malley, case no. 84-C-5602 in
 2    the  U.S.  District  Court  for  the  Northern  District   of
 3    Illinois,  Eastern Division.  These reports must also include
 4    a statement of whether the required notice under  Section  15
 5    of  this  Act  was  given  and, if an exception to the notice
 6    requirement applies, which exception was used.   No patient's
 7    name  or  any  other  information  that  could  lead  to  the
 8    identification of the patient  may  be  used  in  any  report
 9    submitted under this Section.

10        Section 40.  Penalties.
11        (a)  A physician who willfully fails to provide notice as
12    required under this Act before performing an  abortion  on  a
13    minor  or  an  incompetent  person  shall  be referred to the
14    Illinois State  Medical  Disciplinary  Board  for  action  in
15    accordance  with  Section  22  of the Medical Practice Act of
16    1987.
17        (b) A person, not authorized under this  Act,  who  signs
18    any   waiver  of  notice  under  this  Act  for  a  minor  or
19    incompetent person seeking an abortion is guilty of a Class C
20    misdemeanor.
21        (c) A person who discloses  confidential  information  in
22    violation of Section 25 is guilty of a Class C misdemeanor.

23        Section  45.   Immunity.  A physician who, in good faith,
24    provides notice in accordance with Section 15 or relies on an
25    exception under Section 20 is not  subject  to  any  type  of
26    civil  or criminal liability or discipline for unprofessional
27    conduct for failure to give notice required under this Act.

28        Section  50.   Severability.  If  any  provision,   word,
29    phrase,  or  clause  of  this  Act, or its application to any
30    person or circumstance, is held invalid,  the  invalidity  of
31    that provision or application does not affect the provisions,
                            -9-               LRB9205361DJgcA
 1    words,  phrases, clauses, or applications of the Act that can
 2    be given effect without the invalid provision, word,  phrase,
 3    clause,  or  application,  and  to  this  end the provisions,
 4    words, phrases, and clauses of this Act are  declared  to  be
 5    severable.

 6        Section  90.  The Medical Practice Act of 1987 is amended
 7    by changing Sections 22 and 23 as follows:

 8        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
 9        Sec. 22.  Disciplinary action.
10        (A)  The  Department  may  revoke,  suspend,   place   on
11    probationary status, or take any other disciplinary action as
12    the  Department may deem proper with regard to the license or
13    visiting professor permit of any person issued under this Act
14    to practice medicine, or to treat human ailments without  the
15    use  of  drugs  and without operative surgery upon any of the
16    following grounds:
17             (1)  Performance of  an  elective  abortion  in  any
18        place, locale, facility, or institution other than:
19                  (a)  a   facility   licensed  pursuant  to  the
20             Ambulatory Surgical Treatment Center Act;
21                  (b)  an institution licensed under the Hospital
22             Licensing Act; or
23                  (c)  an ambulatory surgical treatment center or
24             hospitalization or care facility maintained  by  the
25             State  or  any agency thereof, where such department
26             or agency has authority under law to  establish  and
27             enforce   standards   for  the  ambulatory  surgical
28             treatment   centers,   hospitalization,   or    care
29             facilities under its management and control; or
30                  (d)  ambulatory   surgical  treatment  centers,
31             hospitalization or care facilities maintained by the
32             Federal Government; or
                            -10-              LRB9205361DJgcA
 1                  (e)  ambulatory  surgical  treatment   centers,
 2             hospitalization or care facilities maintained by any
 3             university  or college established under the laws of
 4             this State and supported principally by public funds
 5             raised by taxation.
 6             (2)  Performance  of  an  abortion  procedure  in  a
 7        wilful and wanton manner on a woman who was not  pregnant
 8        at the time the abortion procedure was performed.
 9             (3)  The conviction of a felony in this or any other
10        jurisdiction,  except as otherwise provided in subsection
11        B of this Section, whether or  not  related  to  practice
12        under  this  Act,  or  the  entry  of  a  guilty  or nolo
13        contendere plea to a felony charge.
14             (4)  Gross negligence in practice under this Act.
15             (5)  Engaging   in   dishonorable,   unethical    or
16        unprofessional  conduct of a character likely to deceive,
17        defraud or harm the public.
18             (6)  Obtaining  any  fee  by   fraud,   deceit,   or
19        misrepresentation.
20             (7)  Habitual  or  excessive  use  or abuse of drugs
21        defined in law as controlled substances, of  alcohol,  or
22        of any other substances which results in the inability to
23        practice with reasonable judgment, skill or safety.
24             (8)  Practicing under a false or, except as provided
25        by law, an assumed name.
26             (9)  Fraud  or misrepresentation in applying for, or
27        procuring, a license under this Act or in connection with
28        applying for renewal of a license under this Act.
29             (10)  Making  a  false   or   misleading   statement
30        regarding  their  skill  or  the efficacy or value of the
31        medicine, treatment, or  remedy  prescribed  by  them  at
32        their  direction in the treatment of any disease or other
33        condition of the body or mind.
34             (11)  Allowing another person or organization to use
                            -11-              LRB9205361DJgcA
 1        their license, procured under this Act, to practice.
 2             (12)  Disciplinary  action  of  another   state   or
 3        jurisdiction  against a license or other authorization to
 4        practice as  a  medical  doctor,  doctor  of  osteopathy,
 5        doctor of osteopathic medicine or doctor of chiropractic,
 6        a certified copy of the record of the action taken by the
 7        other  state  or  jurisdiction being prima facie evidence
 8        thereof.
 9             (13)  Violation of any provision of this Act  or  of
10        the Medical Practice Act prior to the repeal of that Act,
11        or  violation  of  the  rules,  or a final administrative
12        action  of  the  Director,  after  consideration  of  the
13        recommendation of the Disciplinary Board.
14             (14)  Dividing with  anyone  other  than  physicians
15        with  whom  the  licensee  practices  in  a  partnership,
16        Professional  Association,  limited liability company, or
17        Medical or Professional Corporation any fee,  commission,
18        rebate or other form of compensation for any professional
19        services  not  actually  and personally rendered. Nothing
20        contained in this subsection  prohibits  persons  holding
21        valid and current licenses under this Act from practicing
22        medicine  in  partnership  under a partnership agreement,
23        including a limited liability partnership, in  a  limited
24        liability  company  under  the  Limited Liability Company
25        Act,  in  a  corporation  authorized   by   the   Medical
26        Corporation  Act,  as  an  association  authorized by the
27        Professional Association Act, or in a  corporation  under
28        the   Professional   Corporation  Act  or  from  pooling,
29        sharing, dividing or apportioning  the  fees  and  monies
30        received  by  them  or by the partnership, corporation or
31        association in accordance with the partnership  agreement
32        or  the  policies  of  the  Board  of  Directors  of  the
33        corporation  or  association.   Nothing contained in this
34        subsection prohibits 2 or more corporations authorized by
                            -12-              LRB9205361DJgcA
 1        the Medical Corporation Act, from forming  a  partnership
 2        or  joint  venture  of  such  corporations, and providing
 3        medical, surgical and scientific research  and  knowledge
 4        by  employees of these corporations if such employees are
 5        licensed  under  this  Act,  or  from  pooling,  sharing,
 6        dividing, or apportioning the fees and monies received by
 7        the partnership or joint venture in accordance  with  the
 8        partnership   or   joint   venture   agreement.   Nothing
 9        contained in this subsection shall abrogate the right  of
10        2  or  more  persons,  holding valid and current licenses
11        under this Act, to each receive adequate compensation for
12        concurrently rendering professional services to a patient
13        and  divide  a  fee;  provided,  the  patient  has   full
14        knowledge  of  the  division,  and,  provided,  that  the
15        division  is made in proportion to the services performed
16        and responsibility assumed by each.
17             (15)  A finding by the  Medical  Disciplinary  Board
18        that  the  registrant  after  having  his  or her license
19        placed on probationary status or subjected to  conditions
20        or  restrictions  violated  the terms of the probation or
21        failed to comply with such terms or conditions.
22             (16)  Abandonment of a patient.
23             (17)  Prescribing,      selling,      administering,
24        distributing,  giving  or  self-administering  any   drug
25        classified as a controlled substance (designated product)
26        or narcotic for other than medically accepted therapeutic
27        purposes.
28             (18)  Promotion  of  the  sale  of  drugs,  devices,
29        appliances or goods provided for a patient in such manner
30        as  to  exploit  the  patient  for  financial gain of the
31        physician.
32             (19)  Offering, undertaking or agreeing to  cure  or
33        treat disease by a secret method, procedure, treatment or
34        medicine,  or  the treating, operating or prescribing for
                            -13-              LRB9205361DJgcA
 1        any human condition by a method, means or procedure which
 2        the licensee  refuses  to  divulge  upon  demand  of  the
 3        Department.
 4             (20)  Immoral  conduct  in the commission of any act
 5        including, but not limited to, commission of  an  act  of
 6        sexual misconduct related to the licensee's practice.
 7             (21)  Wilfully  making  or  filing  false records or
 8        reports in his or her practice as a physician, including,
 9        but not limited  to,  false  records  to  support  claims
10        against  the medical assistance program of the Department
11        of Public Aid under the Illinois Public Aid Code.
12             (22)  Wilful omission to file or record, or wilfully
13        impeding the filing or  recording,  or  inducing  another
14        person  to  omit  to  file  or record, medical reports as
15        required  by  law,  or  wilfully  failing  to  report  an
16        instance of suspected abuse or  neglect  as  required  by
17        law.
18             (23)  Being  named  as a perpetrator in an indicated
19        report by the Department of Children and Family  Services
20        under  the  Abused and Neglected Child Reporting Act, and
21        upon proof by clear  and  convincing  evidence  that  the
22        licensee  has  caused  a  child  to be an abused child or
23        neglected child as defined in the  Abused  and  Neglected
24        Child Reporting Act.
25             (24)  Solicitation  of professional patronage by any
26        corporation, agents or persons, or profiting  from  those
27        representing themselves to be agents of the licensee.
28             (25)  Gross  and  wilful  and continued overcharging
29        for  professional  services,   including   filing   false
30        statements  for collection of fees for which services are
31        not rendered, including, but not limited to, filing  such
32        false  statements  for  collection of monies for services
33        not rendered from the medical assistance program  of  the
34        Department  of  Public  Aid under the Illinois Public Aid
                            -14-              LRB9205361DJgcA
 1        Code.
 2             (26)  A pattern of practice or other behavior  which
 3        demonstrates incapacity or incompetence to practice under
 4        this Act.
 5             (27)  Mental  illness or disability which results in
 6        the inability to practice under this Act with  reasonable
 7        judgment, skill or safety.
 8             (28)  Physical  illness,  including, but not limited
 9        to, deterioration through the aging process, or  loss  of
10        motor  skill  which results in a physician's inability to
11        practice under this Act with reasonable  judgment,  skill
12        or safety.
13             (29)  Cheating   on   or   attempt  to  subvert  the
14        licensing examinations administered under this Act.
15             (30)  Wilfully   or   negligently   violating    the
16        confidentiality  between  physician and patient except as
17        required by law.
18             (31)  The use of any false, fraudulent, or deceptive
19        statement in any document connected with  practice  under
20        this Act.
21             (32)  Aiding and abetting an individual not licensed
22        under  this  Act in the practice of a profession licensed
23        under this Act.
24             (33)  Violating state or federal laws or regulations
25        relating to controlled substances.
26             (34)  Failure  to  report  to  the  Department   any
27        adverse  final  action  taken  against  them  by  another
28        licensing  jurisdiction (any other state or any territory
29        of the United States or any foreign state or country), by
30        any peer review body, by any health care institution,  by
31        any   professional  society  or  association  related  to
32        practice under this Act, by any governmental  agency,  by
33        any  law  enforcement agency, or by any court for acts or
34        conduct similar to acts or conduct which would constitute
                            -15-              LRB9205361DJgcA
 1        grounds for action as defined in this Section.
 2             (35)  Failure to report to the Department  surrender
 3        of  a  license  or authorization to practice as a medical
 4        doctor, a doctor of osteopathy, a doctor  of  osteopathic
 5        medicine,  or  doctor of chiropractic in another state or
 6        jurisdiction, or surrender of membership on  any  medical
 7        staff  or  in  any medical or professional association or
 8        society, while under disciplinary investigation by any of
 9        those authorities or bodies, for acts or conduct  similar
10        to  acts  or  conduct  which would constitute grounds for
11        action as defined in this Section.
12             (36)  Failure  to  report  to  the  Department   any
13        adverse  judgment,  settlement,  or  award arising from a
14        liability claim related to acts  or  conduct  similar  to
15        acts or conduct which would constitute grounds for action
16        as defined in this Section.
17             (37)  Failure  to transfer copies of medical records
18        as required by law.
19             (38)  Failure  to  furnish   the   Department,   its
20        investigators  or  representatives, relevant information,
21        legally requested by the  Department  after  consultation
22        with  the Chief Medical Coordinator or the Deputy Medical
23        Coordinator.
24             (39)  Violating the Health Care Worker Self-Referral
25        Act.
26             (40)  Willful failure to provide notice when  notice
27        is  required under the Parental Notice of Abortion Act of
28        2001. Willful failure to provide notice  when  notice  is
29        required  under  the  Parental  Notice of Abortion Act of
30        1995.
31             (41)  Failure to establish and maintain  records  of
32        patient care and treatment as required by this law.
33             (42)  Entering  into  an excessive number of written
34        collaborative agreements with licensed advanced  practice
                            -16-              LRB9205361DJgcA
 1        nurses   resulting   in   an   inability   to  adequately
 2        collaborate and provide medical direction.
 3             (43)  Repeated  failure  to  adequately  collaborate
 4        with or provide medical direction to a licensed  advanced
 5        practice nurse.
 6        All proceedings to suspend, revoke, place on probationary
 7    status,   or  take  any  other  disciplinary  action  as  the
 8    Department may deem proper, with regard to a license  on  any
 9    of  the  foregoing  grounds, must be commenced within 3 years
10    next after receipt by the Department of a complaint  alleging
11    the  commission  of or notice of the conviction order for any
12    of  the  acts  described  herein.   Except  for  the  grounds
13    numbered (8), (9) and (29), no action shall be commenced more
14    than 5 years after the date of the incident or act alleged to
15    have violated this Section.  In the event of  the  settlement
16    of  any  claim or cause of action in favor of the claimant or
17    the reduction to final judgment of any civil action in  favor
18    of the plaintiff, such claim, cause of action or civil action
19    being grounded on the allegation that a person licensed under
20    this  Act  was  negligent  in  providing care, the Department
21    shall have an additional period of one year from the date  of
22    notification  to  the Department under Section 23 of this Act
23    of such settlement or final judgment in which to  investigate
24    and commence formal disciplinary proceedings under Section 36
25    of  this  Act, except as otherwise provided by law.  The time
26    during which the holder of the license was outside the  State
27    of  Illinois  shall not be included within any period of time
28    limiting the  commencement  of  disciplinary  action  by  the
29    Department.
30        The  entry  of  an order or judgment by any circuit court
31    establishing that any person holding a license under this Act
32    is a person  in  need  of  mental  treatment  operates  as  a
33    suspension  of  that  license.   That person may resume their
34    practice only upon the entry of a  Departmental  order  based
                            -17-              LRB9205361DJgcA
 1    upon  a  finding  by the Medical Disciplinary Board that they
 2    have been determined to be recovered from mental  illness  by
 3    the  court  and  upon the Disciplinary Board's recommendation
 4    that they be permitted to resume their practice.
 5        The Department may refuse to issue or  take  disciplinary
 6    action concerning the license of any person who fails to file
 7    a  return,  or to pay the tax, penalty or interest shown in a
 8    filed return, or to pay any final assessment of tax,  penalty
 9    or  interest,  as required by any tax Act administered by the
10    Illinois Department  of  Revenue,  until  such  time  as  the
11    requirements  of any such tax Act are satisfied as determined
12    by the Illinois Department of Revenue.
13        The  Department,   upon   the   recommendation   of   the
14    Disciplinary   Board,  shall  adopt  rules  which  set  forth
15    standards to be used in determining:
16             (a)  when  a  person  will  be  deemed  sufficiently
17        rehabilitated to warrant the public trust;
18             (b)  what  constitutes  dishonorable,  unethical  or
19        unprofessional conduct of a character likely to  deceive,
20        defraud, or harm the public;
21             (c)  what   constitutes   immoral   conduct  in  the
22        commission of any act, including,  but  not  limited  to,
23        commission  of an act of sexual misconduct related to the
24        licensee's practice; and
25             (d)  what  constitutes  gross  negligence   in   the
26        practice of medicine.
27        However,  no  such rule shall be admissible into evidence
28    in any civil action except for review of a licensing or other
29    disciplinary action under this Act.
30        In  enforcing  this  Section,  the  Medical  Disciplinary
31    Board, upon a showing of a possible violation, may compel any
32    individual licensed to practice under this Act,  or  who  has
33    applied  for  licensure  or a permit pursuant to this Act, to
34    submit to a mental  or  physical  examination,  or  both,  as
                            -18-              LRB9205361DJgcA
 1    required  by  and  at  the  expense  of  the Department.  The
 2    examining physician or physicians shall be those specifically
 3    designated   by   the   Disciplinary   Board.   The   Medical
 4    Disciplinary Board or the Department may order the  examining
 5    physician  to  present  testimony  concerning  this mental or
 6    physical  examination  of  the  licensee  or  applicant.   No
 7    information shall be excluded by reason of any common law  or
 8    statutory  privilege  relating  to  communication between the
 9    licensee  or  applicant  and  the  examining  physician.  The
10    individual to be  examined  may  have,  at  his  or  her  own
11    expense,  another  physician  of  his  or  her choice present
12    during all aspects  of  the  examination.    Failure  of  any
13    individual  to submit to mental or physical examination, when
14    directed, shall be grounds  for  suspension  of  his  or  her
15    license  until  such  time  as  the individual submits to the
16    examination if the Disciplinary Board finds, after notice and
17    hearing, that the refusal to submit to  the  examination  was
18    without  reasonable cause.  If the Disciplinary Board finds a
19    physician unable to practice because of the reasons set forth
20    in this Section, the Disciplinary Board  shall  require  such
21    physician  to  submit  to  care,  counseling, or treatment by
22    physicians approved or designated by the Disciplinary  Board,
23    as   a   condition  for  continued,  reinstated,  or  renewed
24    licensure to practice.   Any  physician,  whose  license  was
25    granted  pursuant  to  Sections 9, 17, or 19 of this Act, or,
26    continued, reinstated, renewed,  disciplined  or  supervised,
27    subject  to  such terms, conditions or restrictions who shall
28    fail to comply with such terms, conditions  or  restrictions,
29    or  to  complete  a  required program of care, counseling, or
30    treatment, as determined by the Chief Medical Coordinator  or
31    Deputy   Medical  Coordinators,  shall  be  referred  to  the
32    Director for a determination as to whether the licensee shall
33    have their license suspended immediately, pending  a  hearing
34    by  the  Disciplinary  Board.   In  instances  in  which  the
                            -19-              LRB9205361DJgcA
 1    Director immediately suspends a license under this Section, a
 2    hearing  upon  such  person's license must be convened by the
 3    Disciplinary Board within 15 days after such  suspension  and
 4    completed  without appreciable delay.  The Disciplinary Board
 5    shall have the authority to review  the  subject  physician's
 6    record  of treatment and counseling regarding the impairment,
 7    to the extent permitted by applicable  federal  statutes  and
 8    regulations   safeguarding  the  confidentiality  of  medical
 9    records.
10        An individual licensed under  this  Act,  affected  under
11    this Section, shall be afforded an opportunity to demonstrate
12    to  the  Disciplinary  Board that they can resume practice in
13    compliance with acceptable and prevailing standards under the
14    provisions of their license.
15        The Department may promulgate rules for the imposition of
16    fines in disciplinary cases, not to exceed  $5,000  for  each
17    violation  of  this Act.  Fines may be imposed in conjunction
18    with other forms of disciplinary action, but shall not be the
19    exclusive disposition of any disciplinary action arising  out
20    of  conduct  resulting  in death or injury to a patient.  Any
21    funds collected from such fines shall  be  deposited  in  the
22    Medical Disciplinary Fund.
23        (B)  The  Department shall revoke the license or visiting
24    permit of any  person  issued  under  this  Act  to  practice
25    medicine  or to treat human ailments without the use of drugs
26    and without operative  surgery,  who  has  been  convicted  a
27    second  time  of  committing  any  felony  under the Illinois
28    Controlled Substances Act, or who has been convicted a second
29    time of committing a Class 1 felony under Sections  8A-3  and
30    8A-6 of the Illinois Public Aid Code.  A person whose license
31    or  visiting  permit  is  revoked  under this subsection B of
32    Section 22 of this Act shall be  prohibited  from  practicing
33    medicine  or treating human ailments without the use of drugs
34    and without operative surgery.
                            -20-              LRB9205361DJgcA
 1        (C)  The Medical Disciplinary Board  shall  recommend  to
 2    the  Department  civil  penalties  and  any other appropriate
 3    discipline in disciplinary cases when the Board finds that  a
 4    physician   willfully   performed  an  abortion  with  actual
 5    knowledge that the person upon whom  the  abortion  has  been
 6    performed  is a minor or an incompetent person without notice
 7    as required under the Parental  Notice  of  Abortion  Act  of
 8    2001.   Upon the Board's recommendation, the Department shall
 9    impose, for the first violation, a civil  penalty  of  $1,000
10    and  for a second or subsequent violation, a civil penalty of
11    $5,000. The Medical Disciplinary Board shall recommend to the
12    Department  civil  penalties  and   any   other   appropriate
13    discipline  in disciplinary cases when the Board finds that a
14    physician  willfully  performed  an  abortion   with   actual
15    knowledge  that  the  person  upon whom the abortion has been
16    performed is a minor or an incompetent person without  notice
17    as  required  under  the  Parental  Notice of Abortion Act of
18    1995.  Upon the Board's recommendation, the Department  shall
19    impose,  for  the  first violation, a civil penalty of $1,000
20    and for a second or subsequent violation, a civil penalty  of
21    $5,000.
22    (Source: P.A.   89-18,  eff.  6-1-95;  89-201,  eff.  1-1-96;
23    89-626,  eff.  8-9-96;  89-702,  eff.  7-1-97;  90-742,  eff.
24    8-13-98.)

25        (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
26        Sec. 23.   Reports relating to professional  conduct  and
27    capacity.
28        (A)  Entities required to report.
29             (1)  Health    care    institutions.     The   chief
30        administrator or executive officer  of  any  health  care
31        institution licensed by the Illinois Department of Public
32        Health  shall  report  to the Disciplinary Board when any
33        person's  clinical  privileges  are  terminated  or   are
                            -21-              LRB9205361DJgcA
 1        restricted  based on a final determination, in accordance
 2        with that institution's by-laws or rules and regulations,
 3        that a person has either committed an act or  acts  which
 4        may  directly  threaten  patient  care,  and  not  of  an
 5        administrative  nature,  or that a person may be mentally
 6        or physically disabled in such a manner  as  to  endanger
 7        patients  under  that  person's  care.  Such officer also
 8        shall report if a person accepts voluntary termination or
 9        restriction of clinical  privileges  in  lieu  of  formal
10        action  based  upon  conduct  related directly to patient
11        care and not of an administrative nature, or in  lieu  of
12        formal  action  seeking to determine whether a person may
13        be mentally or physically disabled in such a manner as to
14        endanger patients under that person's care.  The  Medical
15        Disciplinary  Board  shall,  by  rule,  provide  for  the
16        reporting  to  it  of  all  instances  in which a person,
17        licensed under this Act, who is  impaired  by  reason  of
18        age,   drug  or  alcohol  abuse  or  physical  or  mental
19        impairment, is under supervision and, where  appropriate,
20        is in a program of rehabilitation.  Such reports shall be
21        strictly  confidential and may be reviewed and considered
22        only by the members of  the  Disciplinary  Board,  or  by
23        authorized staff as provided by rules of the Disciplinary
24        Board.   Provisions shall be made for the periodic report
25        of the status of any such  person  not  less  than  twice
26        annually  in order that the Disciplinary Board shall have
27        current information upon which to determine the status of
28        any such person.  Such initial  and periodic  reports  of
29        impaired  physicians  shall  not  be  considered  records
30        within  the meaning of The State Records Act and shall be
31        disposed   of,   following   a   determination   by   the
32        Disciplinary  Board  that  such  reports  are  no  longer
33        required,  in  a  manner  and  at  such   time   as   the
34        Disciplinary  Board  shall determine by rule.  The filing
                            -22-              LRB9205361DJgcA
 1        of such reports shall be construed as  the  filing  of  a
 2        report for purposes of subsection (C) of this Section.
 3             (2)  Professional  associations.   The  President or
 4        chief executive officer of any association or society, of
 5        persons licensed under this Act,  operating  within  this
 6        State  shall  report  to  the Disciplinary Board when the
 7        association or society renders a final determination that
 8        a person has  committed  unprofessional  conduct  related
 9        directly to patient care or that a person may be mentally
10        or  physically  disabled  in such a manner as to endanger
11        patients under that person's care.
12             (3)  Professional   liability    insurers.     Every
13        insurance  company  which offers policies of professional
14        liability insurance to persons licensed under  this  Act,
15        or   any  other  entity  which  seeks  to  indemnify  the
16        professional liability of a person  licensed  under  this
17        Act,   shall   report   to  the  Disciplinary  Board  the
18        settlement of any claim or  cause  of  action,  or  final
19        judgment  rendered  in any cause of action, which alleged
20        negligence in the furnishing  of  medical  care  by  such
21        licensed person when such settlement or final judgment is
22        in favor of the plaintiff.
23             (4)  State's  Attorneys.   The  State's  Attorney of
24        each county shall report to the  Disciplinary  Board  all
25        instances  in  which  a person licensed under this Act is
26        convicted or otherwise found guilty of the commission  of
27        any  felony.  The  State's  Attorney  of  each county may
28        report to  the  Disciplinary  Board  through  a  verified
29        complaint  any  instance  in  which  the State's Attorney
30        believes that a  physician  has  willfully  violated  the
31        notice  requirements  of  the Parental Notice of Abortion
32        Act of 2001. The State's  Attorney  of  each  county  may
33        report  to  the  Disciplinary  Board  through  a verified
34        complaint any instance  in  which  the  State's  Attorney
                            -23-              LRB9205361DJgcA
 1        believes  that  a  physician  has  willfully violated the
 2        notice requirements of the Parental  Notice  of  Abortion
 3        Act of 1995.
 4             (5)  State    agencies.    All   agencies,   boards,
 5        commissions, departments, or other  instrumentalities  of
 6        the  government  of the State of Illinois shall report to
 7        the Disciplinary Board any instance arising in connection
 8        with  the  operations  of  such  agency,  including   the
 9        administration  of  any  law  by  such agency, in which a
10        person licensed under this Act has  either  committed  an
11        act or acts which may be a violation of this Act or which
12        may constitute unprofessional conduct related directly to
13        patient  care  or  which indicates that a person licensed
14        under this Act may be mentally or physically disabled  in
15        such a manner as to endanger patients under that person's
16        care.
17        (B)  Mandatory  reporting.  All reports required by items
18    (34), (35), and (36) of subsection (A) of Section 22  and  by
19    Section  23 shall be submitted to the Disciplinary Board in a
20    timely fashion.  The reports shall be filed in writing within
21    60 days after a determination that a report is required under
22    this  Act.   All  reports   shall   contain   the   following
23    information:
24             (1)  The  name,  address and telephone number of the
25        person making the report.
26             (2)  The name, address and telephone number  of  the
27        person who is the subject of the report.
28             (3)  The  name  or  other means of identification of
29        any patient or patients whose treatment is a  subject  of
30        the  report, provided, however, no medical records may be
31        revealed without the written consent of  the  patient  or
32        patients.
33             (4)  A  brief  description  of  the facts which gave
34        rise to the issuance of the report, including  the  dates
                            -24-              LRB9205361DJgcA
 1        of  any  occurrences  deemed to necessitate the filing of
 2        the report.
 3             (5)  If court action is involved,  the  identity  of
 4        the  court  in  which the action is filed, along with the
 5        docket number and date of filing of the action.
 6             (6)  Any further  pertinent  information  which  the
 7        reporting  party  deems to be an aid in the evaluation of
 8        the report.
 9        The Department shall have the right to inform patients of
10    the right to provide written consent for  the  Department  to
11    obtain   copies   of   hospital   and  medical  records.  The
12    Disciplinary Board or Department may exercise the power under
13    Section 38 of this Act to  subpoena  copies  of  hospital  or
14    medical  records  in mandatory report cases alleging death or
15    permanent bodily injury when consent to obtain records is not
16    provided by a patient or legal  representative.   Appropriate
17    rules shall be adopted by the Department with the approval of
18    the Disciplinary Board.
19        When   the   Department   has  received  written  reports
20    concerning incidents required to be reported in  items  (34),
21    (35),   and  (36)  of  subsection  (A)  of  Section  22,  the
22    licensee's failure to report the incident to  the  Department
23    under   those  items  shall  not  be  the  sole  grounds  for
24    disciplinary action.
25        Nothing contained in this Section shall  act  to  in  any
26    way,  waive  or modify the confidentiality of medical reports
27    and committee reports to the extent  provided  by  law.   Any
28    information  reported  or  disclosed  shall  be  kept for the
29    confidential use  of  the  Disciplinary  Board,  the  Medical
30    Coordinators, the Disciplinary Board's attorneys, the medical
31    investigative   staff,  and  authorized  clerical  staff,  as
32    provided in this Act, and shall be afforded the  same  status
33    as is provided information concerning medical studies in Part
34    21 of Article VIII of the Code of Civil Procedure.
                            -25-              LRB9205361DJgcA
 1        (C)  Immunity   from   prosecution.   Any  individual  or
 2    organization acting in good faith, and not in  a  wilful  and
 3    wanton  manner,  in  complying with this Act by providing any
 4    report or other information to  the  Disciplinary  Board,  or
 5    assisting   in  the  investigation  or  preparation  of  such
 6    information,  or  by  participating  in  proceedings  of  the
 7    Disciplinary  Board,  or  by  serving  as  a  member  of  the
 8    Disciplinary Board, shall not, as a result of  such  actions,
 9    be subject to criminal prosecution or civil damages.
10        (D)  Indemnification.  Members of the Disciplinary Board,
11    the Medical Coordinators, the Disciplinary Board's attorneys,
12    the  medical  investigative  staff, physicians retained under
13    contract to assist and advise the medical coordinators in the
14    investigation,  and  authorized  clerical  staff   shall   be
15    indemnified by the State for any actions occurring within the
16    scope  of  services  on  the Disciplinary Board, done in good
17    faith and not wilful and  wanton  in  nature.   The  Attorney
18    General  shall  defend  all  such  actions  unless  he or she
19    determines either that there would be a conflict of  interest
20    in such representation or that the actions complained of were
21    not in good faith or were wilful and wanton.
22        Should  the  Attorney General decline representation, the
23    member shall have the right to employ counsel of his  or  her
24    choice,  whose  fees  shall  be  provided by the State, after
25    approval  by  the  Attorney  General,  unless  there   is   a
26    determination  by  a court that the member's actions were not
27    in good faith or were wilful and wanton.
28        The member must notify the Attorney General within 7 days
29    of  receipt  of  notice  of  the  initiation  of  any  action
30    involving services of the Disciplinary Board.  Failure to  so
31    notify  the  Attorney  General  shall  constitute an absolute
32    waiver of the right to a defense and indemnification.
33        The Attorney General shall determine within 7 days  after
34    receiving  such  notice,  whether he or she will undertake to
                            -26-              LRB9205361DJgcA
 1    represent the member.
 2        (E)  Deliberations  of  Disciplinary  Board.   Upon   the
 3    receipt  of  any  report  called  for by this Act, other than
 4    those reports of impaired persons  licensed  under  this  Act
 5    required pursuant to the rules of the Disciplinary Board, the
 6    Disciplinary  Board  shall  notify  in  writing, by certified
 7    mail, the person who is the  subject  of  the  report.   Such
 8    notification  shall  be made within 30 days of receipt by the
 9    Disciplinary Board of the report.
10        The notification shall include a written  notice  setting
11    forth  the person's right to examine the report.  Included in
12    such notification shall be the address at which the  file  is
13    maintained, the name of the custodian of the reports, and the
14    telephone  number  at which the custodian may be reached. The
15    person who is the  subject  of  the  report  shall  submit  a
16    written  statement  responding,  clarifying,  adding  to,  or
17    proposing  the  amending of the report previously filed.  The
18    statement shall become a permanent part of the file and  must
19    be  received  by  the Disciplinary Board no more than 60 days
20    after the date on  which  the  person  was  notified  by  the
21    Disciplinary Board of the existence of the original report.
22        The  Disciplinary Board shall review all reports received
23    by  it,  together  with  any   supporting   information   and
24    responding  statements  submitted  by  persons  who  are  the
25    subject  of  reports.   The  review by the Disciplinary Board
26    shall be in a timely  manner  but  in  no  event,  shall  the
27    Disciplinary Board's initial review of the material contained
28    in  each disciplinary file be less than 61 days nor more than
29    180 days after the receipt  of  the  initial  report  by  the
30    Disciplinary Board.
31        When  the  Disciplinary Board makes its initial review of
32    the materials contained within its  disciplinary  files,  the
33    Disciplinary Board shall, in writing, make a determination as
34    to  whether  there  are  sufficient  facts to warrant further
                            -27-              LRB9205361DJgcA
 1    investigation or action.  Failure to make such  determination
 2    within   the   time   provided   shall  be  deemed  to  be  a
 3    determination that there are not sufficient facts to  warrant
 4    further investigation or action.
 5        Should  the  Disciplinary  Board  find that there are not
 6    sufficient facts to warrant further investigation, or action,
 7    the report shall be accepted for filing and the matter  shall
 8    be  deemed  closed  and  so  reported  to  the Director.  The
 9    Director shall then  have  30  days  to  accept  the  Medical
10    Disciplinary    Board's    decision    or   request   further
11    investigation.   The  Director  shall  inform  the  Board  in
12    writing of the decision  to  request  further  investigation,
13    including   the  specific  reasons  for  the  decision.   The
14    individual or entity filing the original report or  complaint
15    and  the person who is the subject of the report or complaint
16    shall be notified in writing by the  Director  of  any  final
17    action on their report or complaint.
18        (F)  Summary   reports.   The  Disciplinary  Board  shall
19    prepare, on a timely basis, but in no  event  less  than  one
20    every  other  month,  a summary report of final actions taken
21    upon disciplinary files maintained by the Disciplinary Board.
22    The summary reports shall be sent by the  Disciplinary  Board
23    to  every  health  care  facility  licensed  by  the Illinois
24    Department of Public Health, every  professional  association
25    and society of persons licensed under this Act functioning on
26    a  statewide  basis  in  this  State,  the  American  Medical
27    Association,   the   American  Osteopathic  Association,  the
28    American Chiropractic  Association,  all  insurers  providing
29    professional  liability  insurance  to persons licensed under
30    this Act in the State of Illinois, the  Federation  of  State
31    Medical   Licensing  Boards,  and  the  Illinois  Pharmacists
32    Association.
33        (G)  Any violation of this Section shall  be  a  Class  A
34    misdemeanor.
                            -28-              LRB9205361DJgcA
 1        (H)  If  any  such person violates the provisions of this
 2    Section an action may be brought in the name of the People of
 3    the State of Illinois, through the Attorney  General  of  the
 4    State  of  Illinois, for an order enjoining such violation or
 5    for an order enforcing compliance  with  this  Section.  Upon
 6    filing  of  a  verified petition in such court, the court may
 7    issue a temporary restraining order without  notice  or  bond
 8    and  may  preliminarily or permanently enjoin such violation,
 9    and if it is established that such person has violated or  is
10    violating  the  injunction, the court may punish the offender
11    for contempt of  court.   Proceedings  under  this  paragraph
12    shall  be  in  addition  to,  and  not  in lieu of, all other
13    remedies and penalties provided for by this Section.
14    (Source:  P.A.  89-18,  eff.  6-1-95;  89-702,  eff.  7-1-97;
15    90-699, eff. 1-1-99.)

16        (720 ILCS 515/Act rep.)
17        Section 95.  The Illinois Abortion Parental  Consent  Act
18    of  1977,  which  was  repealed by Public Act 89-18, is again
19    repealed.

20        (720 ILCS 520/Act rep.)
21        Section 96.  The Parental Notice of Abortion Act of 1983,
22    which was repealed by Public Act 89-18, is again repealed.

23        (750 ILCS 70/Act rep.)
24        Section 97.  The Parental Notice of Abortion Act of  1995
25    is repealed.

26        Section  99.  Effective Date.  This Act takes effect upon
27    becoming law.

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