State of Illinois
92nd General Assembly

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[ Introduced ][ House Amendment 004 ][ Senate Amendment 001 ]


HB1900 Engrossed                              LRB9205361DJgcA

 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.
HB1900 Engrossed            -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;
14             (2)  a  step-parent married to and residing with the
15        custodial parent of the minor;
16             (3) a legal guardian of the minor; or
17             (4)  a grandparent, sibling, step-sibling, aunt,  or
18        uncle of the minor.
19        "Clergy"   means   a   practitioner   of   any  religious
20    denomination  ordained  or  otherwise   accredited   by   the
21    religious body to which he or she belongs.
22        "Constructive notice" means notice sent by certified mail
23    to  the  last known address of the person entitled to notice,
24    with delivery deemed to have  occurred  48  hours  after  the
25    notice is mailed.
26        "Medical  emergency" means a condition that, on the basis
27    of a physician's good faith clinical judgment, so complicates
28    the medical condition of a pregnant woman as  to  necessitate
29    the immediate abortion of her pregnancy to avert her death or
30    for which a delay will create serious risk of substantial and
31    irreversible impairment of major bodily function.
32        "Minor" means any person under 18 years of age who is not
33    or has not been married or who has not been emancipated under
34    the Emancipation of Mature Minors Act.
HB1900 Engrossed            -3-               LRB9205361DJgcA
 1        "Neglect"  means the failure of an adult family member to
 2    supply a child with necessary  food,  clothing,  shelter,  or
 3    medical  care when reasonably able to do so or the failure to
 4    protect a child from conditions or  actions  that  imminently
 5    and  seriously endanger the child's physical or mental health
 6    when reasonably able to do so.
 7        "Physical abuse" means any physical injury  intentionally
 8    inflicted by an adult family member on a child.
 9        "Physician"  means a person licensed to practice medicine
10    in all its branches under the Medical Practice Act of 1987.
11        "Sexual  abuse"  means  any  sexual  conduct  or   sexual
12    penetration  as defined in Section 12-12 of the Criminal Code
13    of 1961 that is prohibited by the criminal laws of the  State
14    of  Illinois and committed against a minor by an adult family
15    member as defined in this Act.

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

28        Section 20.  Exceptions. Notice  is  not  required  under
29    this Act if:
30             (1) at the time the abortion is performed, the minor
31        is  accompanied by a person entitled to notice under this
32        Act; or
HB1900 Engrossed            -4-               LRB9205361DJgcA
 1             (2) notice under this Act is waived in writing by  a
 2        person who is entitled to that notice; or
 3             (3)   the   attending  physician  certifies  in  the
 4        patient's medical record that a medical emergency  exists
 5        and  there  is  insufficient time to provide the required
 6        notice; or
 7             (4) the minor declares in  writing  that  she  is  a
 8        victim  of sexual abuse, neglect, or physical abuse by an
 9        adult family member as defined in this Act, in which case
10        (i) the attending physician must certify in the patient's
11        medical record that he or she has  received  the  written
12        declaration of abuse or neglect and (ii) any notification
13        of public authorities of abuse that may be required under
14        other  laws  of this State need not be made by the person
15        performing the abortion until after the minor receives an
16        abortion that otherwise complies with the requirements of
17        this Act; or
18             (5) notice under this Act is  waived  under  Section
19        25.

20        Section 25.  Procedure for judicial waiver of notice.
21        (a)  The  requirements  and procedures under this Section
22    are available to minors whether or not they are residents  of
23    this State.
24        (b)  A  minor may petition any circuit court for a waiver
25    of the parental notice of abortion requirement under this Act
26    and may participate in proceedings on her  own  behalf.   The
27    court  shall  appoint a guardian ad litem for her in any such
28    proceedings.  A guardian ad litem appointed  under  this  Act
29    must  act  in  the  best  interests  of  the  minor and shall
30    maintain the confidentiality of the proceedings.  The circuit
31    court shall  advise  the  minor  that  she  has  a  right  to
32    court-appointed  counsel  and  shall provide her with counsel
33    upon her request.
HB1900 Engrossed            -5-               LRB9205361DJgcA
 1        (c)  Court  proceedings  under  this  Section  shall   be
 2    confidential and must ensure the anonymity of the minor.  All
 3    court  proceedings  under  this Section shall be sealed.  The
 4    minor has the right to file her petition in the circuit court
 5    using  a  pseudonym  or  using  solely  her  initials.    All
 6    documents  related  to the petition shall be confidential and
 7    shall not be made available to the public. These  proceedings
 8    shall  be  given precedence over other pending matters to the
 9    extent necessary to ensure that the court reaches a  decision
10    promptly.  The court shall rule and issue written findings of
11    fact  and  conclusions  of  law  within  48  hours  after the
12    petition is filed, except that the 48-hour limitation may  be
13    extended  at  the request of the minor. If the court fails to
14    rule within the  48-hour  period  and  an  extension  is  not
15    requested,  then  the  petition  shall be deemed to have been
16    granted, and the notice requirement shall be waived.
17        (d) Notice under this Act shall be waived  if  the  court
18    finds by clear and convincing evidence either:
19             (1)  that  the  minor  is  sufficiently  mature  and
20        well-enough  informed  to decide intelligently whether to
21        have an abortion; or
22             (2) that notification under Section 15 of  this  Act
23        would not be in the best interests of the minor.
24        (e)  A court that conducts proceedings under this Section
25    shall issue written and specific factual findings  and  legal
26    conclusions  supporting  its  decision and shall order that a
27    confidential record of the evidence and the judge's  findings
28    and conclusions be maintained.
29        (f)  An  expedited confidential appeal shall be available
30    to any minor to whom the circuit court  denies  a  waiver  of
31    notice  under  this  Act.   An  order authorizing an abortion
32    without notice is not subject to appeal.
33        (g) The following rules apply to the appeal of  a  denial
34    of a petition for waiver of parental notice of abortion under
HB1900 Engrossed            -6-               LRB9205361DJgcA
 1    this  Section.  These rules shall remain in effect only until
 2    the Illinois Supreme Court issues its own rules providing for
 3    an expedited confidential appeal of a denial  of  a  petition
 4    for  waiver  of parental notice.  If the rules adopted by the
 5    Illinois Supreme Court  are  declared  unconstitutional,  the
 6    following rules are thereafter once again in effect.
 7             (1)  Review  of  the  denial of a waiver of parental
 8        notice under this Act shall be by petition filed  in  the
 9        Appellate  Court.   An appropriate supporting record must
10        accompany the petition.   The  record  must  include  the
11        notice  of  interlocutory  appeal; the pleadings filed in
12        the circuit court, if any; the decision  of  the  circuit
13        court,  including the specific findings of fact and legal
14        conclusions supporting the decision; and  any  supporting
15        documents  of  record the petition may offer.  The record
16        may be authenticated by the certificate of the  clerk  of
17        the  trial  court  or  by the affidavit of an attorney or
18        party filing it.
19             (2) The minor may file a brief  statement  of  facts
20        and  a  short  memorandum of law supporting her petition.
21        These may be filed instead of a brief  and  abstract  and
22        must  be  filed  within  2  days  after the denial of the
23        petition for waiver of parental notice.
24             (3) Except by order of the court upon request of the
25        minor or her guardian ad litem or counsel,  no  extension
26        of time may be granted.
27             (4)  After  the  petitioner  has filed the petition,
28        supporting record,  and  any  memorandum,  the  Appellate
29        Court  shall  consider  and  decide the petition within 2
30        days.  No oral argument on the petition may be heard.
31             (5) The minor may appear  and  file  her  notice  of
32        appeal  and  her  petition  using  only her initials or a
33        pseudonym.  If she does not use her  own  name,  however,
34        she  must provide the Clerk of the Appellate Court with a
HB1900 Engrossed            -7-               LRB9205361DJgcA
 1        name, telephone number, and  address  where  she  can  be
 2        reached  to  be  informed  of  the  time and place of any
 3        hearing and the decision of the court.
 4             (6) The Appellate Court  shall  appoint  counsel  to
 5        assist the minor if she so requests.
 6             (7) All Appellate Court records concerning an appeal
 7        under  this  Section  shall  be  sealed  as confidential.
 8        Inspection and copying of any court records  relating  to
 9        the  proceeding  and  the minor who is the subject of the
10        proceeding shall not be available to the minor who is the
11        subject of the proceeding or to her guardian ad litem  or
12        counsel.
13             (8) Any further appeal to the Illinois Supreme Court
14        may  be  taken  in  a  manner similar to that provided in
15        other civil cases.
16        (h) No fees shall be required of  any  minor  who  avails
17    herself of the procedures provided by this Section.

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

21        Section  35.   Reports.  The  Department of Public Health
22    must comply with the reporting requirements set forth in  the
23    consent  decree  in Herbst v. O'Malley, case no. 84-C-5602 in
24    the  U.S.  District  Court  for  the  Northern  District   of
25    Illinois,  Eastern Division.  These reports must also include
26    a statement of whether the required notice under  Section  15
27    of  this  Act  was  given  and, if an exception to the notice
28    requirement applies, which exception was used.   No patient's
29    name  or  any  other  information  that  could  lead  to  the
30    identification of the patient  may  be  used  in  any  report
31    submitted under this Section.
HB1900 Engrossed            -8-               LRB9205361DJgcA
 1        Section 40.  Penalties.
 2        (a)  A physician who willfully fails to provide notice as
 3    required under this Act before performing an  abortion  on  a
 4    minor  or  an  incompetent  person  shall  be referred to the
 5    Illinois State  Medical  Disciplinary  Board  for  action  in
 6    accordance  with  Section  22  of the Medical Practice Act of
 7    1987.
 8        (b) A person, not authorized under this  Act,  who  signs
 9    any   waiver  of  notice  under  this  Act  for  a  minor  or
10    incompetent person seeking an abortion is guilty of a Class C
11    misdemeanor.
12        (c) A person who discloses  confidential  information  in
13    violation of Section 25 is guilty of a Class C misdemeanor.

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

19        Section  50.   Severability.  If  any  provision,   word,
20    phrase,  or  clause  of  this  Act, or its application to any
21    person or circumstance, is held invalid,  the  invalidity  of
22    that provision or application does not affect the provisions,
23    words,  phrases, clauses, or applications of the Act that can
24    be given effect without the invalid provision, word,  phrase,
25    clause,  or  application,  and  to  this  end the provisions,
26    words, phrases, and clauses of this Act are  declared  to  be
27    severable.

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

30        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
HB1900 Engrossed            -9-               LRB9205361DJgcA
 1        Sec. 22.  Disciplinary action.
 2        (A)  The  Department  may  revoke,  suspend,   place   on
 3    probationary status, or take any other disciplinary action as
 4    the  Department may deem proper with regard to the license or
 5    visiting professor permit of any person issued under this Act
 6    to practice medicine, or to treat human ailments without  the
 7    use  of  drugs  and without operative surgery upon any of the
 8    following grounds:
 9             (1)  Performance of  an  elective  abortion  in  any
10        place, locale, facility, or institution other than:
11                  (a)  a   facility   licensed  pursuant  to  the
12             Ambulatory Surgical Treatment Center Act;
13                  (b)  an institution licensed under the Hospital
14             Licensing Act; or
15                  (c)  an ambulatory surgical treatment center or
16             hospitalization or care facility maintained  by  the
17             State  or  any agency thereof, where such department
18             or agency has authority under law to  establish  and
19             enforce   standards   for  the  ambulatory  surgical
20             treatment   centers,   hospitalization,   or    care
21             facilities under its management and control; or
22                  (d)  ambulatory   surgical  treatment  centers,
23             hospitalization or care facilities maintained by the
24             Federal Government; or
25                  (e)  ambulatory  surgical  treatment   centers,
26             hospitalization or care facilities maintained by any
27             university  or college established under the laws of
28             this State and supported principally by public funds
29             raised by taxation.
30             (2)  Performance  of  an  abortion  procedure  in  a
31        wilful and wanton manner on a woman who was not  pregnant
32        at the time the abortion procedure was performed.
33             (3)  The conviction of a felony in this or any other
34        jurisdiction,  except as otherwise provided in subsection
HB1900 Engrossed            -10-              LRB9205361DJgcA
 1        B of this Section, whether or  not  related  to  practice
 2        under  this  Act,  or  the  entry  of  a  guilty  or nolo
 3        contendere plea to a felony charge.
 4             (4)  Gross negligence in practice under this Act.
 5             (5)  Engaging   in   dishonorable,   unethical    or
 6        unprofessional  conduct of a character likely to deceive,
 7        defraud or harm the public.
 8             (6)  Obtaining  any  fee  by   fraud,   deceit,   or
 9        misrepresentation.
10             (7)  Habitual  or  excessive  use  or abuse of drugs
11        defined in law as controlled substances, of  alcohol,  or
12        of any other substances which results in the inability to
13        practice with reasonable judgment, skill or safety.
14             (8)  Practicing under a false or, except as provided
15        by law, an assumed name.
16             (9)  Fraud  or misrepresentation in applying for, or
17        procuring, a license under this Act or in connection with
18        applying for renewal of a license under this Act.
19             (10)  Making  a  false   or   misleading   statement
20        regarding  their  skill  or  the efficacy or value of the
21        medicine, treatment, or  remedy  prescribed  by  them  at
22        their  direction in the treatment of any disease or other
23        condition of the body or mind.
24             (11)  Allowing another person or organization to use
25        their license, procured under this Act, to practice.
26             (12)  Disciplinary  action  of  another   state   or
27        jurisdiction  against a license or other authorization to
28        practice as  a  medical  doctor,  doctor  of  osteopathy,
29        doctor of osteopathic medicine or doctor of chiropractic,
30        a certified copy of the record of the action taken by the
31        other  state  or  jurisdiction being prima facie evidence
32        thereof.
33             (13)  Violation of any provision of this Act  or  of
34        the Medical Practice Act prior to the repeal of that Act,
HB1900 Engrossed            -11-              LRB9205361DJgcA
 1        or  violation  of  the  rules,  or a final administrative
 2        action  of  the  Director,  after  consideration  of  the
 3        recommendation of the Disciplinary Board.
 4             (14)  Dividing with  anyone  other  than  physicians
 5        with  whom  the  licensee  practices  in  a  partnership,
 6        Professional  Association,  limited liability company, or
 7        Medical or Professional Corporation any fee,  commission,
 8        rebate or other form of compensation for any professional
 9        services  not  actually  and personally rendered. Nothing
10        contained in this subsection  prohibits  persons  holding
11        valid and current licenses under this Act from practicing
12        medicine  in  partnership  under a partnership agreement,
13        including a limited liability partnership, in  a  limited
14        liability  company  under  the  Limited Liability Company
15        Act,  in  a  corporation  authorized   by   the   Medical
16        Corporation  Act,  as  an  association  authorized by the
17        Professional Association Act, or in a  corporation  under
18        the   Professional   Corporation  Act  or  from  pooling,
19        sharing, dividing or apportioning  the  fees  and  monies
20        received  by  them  or by the partnership, corporation or
21        association in accordance with the partnership  agreement
22        or  the  policies  of  the  Board  of  Directors  of  the
23        corporation  or  association.   Nothing contained in this
24        subsection prohibits 2 or more corporations authorized by
25        the Medical Corporation Act, from forming  a  partnership
26        or  joint  venture  of  such  corporations, and providing
27        medical, surgical and scientific research  and  knowledge
28        by  employees of these corporations if such employees are
29        licensed  under  this  Act,  or  from  pooling,  sharing,
30        dividing, or apportioning the fees and monies received by
31        the partnership or joint venture in accordance  with  the
32        partnership   or   joint   venture   agreement.   Nothing
33        contained in this subsection shall abrogate the right  of
34        2  or  more  persons,  holding valid and current licenses
HB1900 Engrossed            -12-              LRB9205361DJgcA
 1        under this Act, to each receive adequate compensation for
 2        concurrently rendering professional services to a patient
 3        and  divide  a  fee;  provided,  the  patient  has   full
 4        knowledge  of  the  division,  and,  provided,  that  the
 5        division  is made in proportion to the services performed
 6        and responsibility assumed by each.
 7             (15)  A finding by the  Medical  Disciplinary  Board
 8        that  the  registrant  after  having  his  or her license
 9        placed on probationary status or subjected to  conditions
10        or  restrictions  violated  the terms of the probation or
11        failed to comply with such terms or conditions.
12             (16)  Abandonment of a patient.
13             (17)  Prescribing,      selling,      administering,
14        distributing,  giving  or  self-administering  any   drug
15        classified as a controlled substance (designated product)
16        or narcotic for other than medically accepted therapeutic
17        purposes.
18             (18)  Promotion  of  the  sale  of  drugs,  devices,
19        appliances or goods provided for a patient in such manner
20        as  to  exploit  the  patient  for  financial gain of the
21        physician.
22             (19)  Offering, undertaking or agreeing to  cure  or
23        treat disease by a secret method, procedure, treatment or
24        medicine,  or  the treating, operating or prescribing for
25        any human condition by a method, means or procedure which
26        the licensee  refuses  to  divulge  upon  demand  of  the
27        Department.
28             (20)  Immoral  conduct  in the commission of any act
29        including, but not limited to, commission of  an  act  of
30        sexual misconduct related to the licensee's practice.
31             (21)  Wilfully  making  or  filing  false records or
32        reports in his or her practice as a physician, including,
33        but not limited  to,  false  records  to  support  claims
34        against  the medical assistance program of the Department
HB1900 Engrossed            -13-              LRB9205361DJgcA
 1        of Public Aid under the Illinois Public Aid Code.
 2             (22)  Wilful omission to file or record, or wilfully
 3        impeding the filing or  recording,  or  inducing  another
 4        person  to  omit  to  file  or record, medical reports as
 5        required  by  law,  or  wilfully  failing  to  report  an
 6        instance of suspected abuse or  neglect  as  required  by
 7        law.
 8             (23)  Being  named  as a perpetrator in an indicated
 9        report by the Department of Children and Family  Services
10        under  the  Abused and Neglected Child Reporting Act, and
11        upon proof by clear  and  convincing  evidence  that  the
12        licensee  has  caused  a  child  to be an abused child or
13        neglected child as defined in the  Abused  and  Neglected
14        Child Reporting Act.
15             (24)  Solicitation  of professional patronage by any
16        corporation, agents or persons, or profiting  from  those
17        representing themselves to be agents of the licensee.
18             (25)  Gross  and  wilful  and continued overcharging
19        for  professional  services,   including   filing   false
20        statements  for collection of fees for which services are
21        not rendered, including, but not limited to, filing  such
22        false  statements  for  collection of monies for services
23        not rendered from the medical assistance program  of  the
24        Department  of  Public  Aid under the Illinois Public Aid
25        Code.
26             (26)  A pattern of practice or other behavior  which
27        demonstrates incapacity or incompetence to practice under
28        this Act.
29             (27)  Mental  illness or disability which results in
30        the inability to practice under this Act with  reasonable
31        judgment, skill or safety.
32             (28)  Physical  illness,  including, but not limited
33        to, deterioration through the aging process, or  loss  of
34        motor  skill  which results in a physician's inability to
HB1900 Engrossed            -14-              LRB9205361DJgcA
 1        practice under this Act with reasonable  judgment,  skill
 2        or safety.
 3             (29)  Cheating   on   or   attempt  to  subvert  the
 4        licensing examinations administered under this Act.
 5             (30)  Wilfully   or   negligently   violating    the
 6        confidentiality  between  physician and patient except as
 7        required by law.
 8             (31)  The use of any false, fraudulent, or deceptive
 9        statement in any document connected with  practice  under
10        this Act.
11             (32)  Aiding and abetting an individual not licensed
12        under  this  Act in the practice of a profession licensed
13        under this Act.
14             (33)  Violating state or federal laws or regulations
15        relating to controlled substances.
16             (34)  Failure  to  report  to  the  Department   any
17        adverse  final  action  taken  against  them  by  another
18        licensing  jurisdiction (any other state or any territory
19        of the United States or any foreign state or country), by
20        any peer review body, by any health care institution,  by
21        any   professional  society  or  association  related  to
22        practice under this Act, by any governmental  agency,  by
23        any  law  enforcement agency, or by any court for acts or
24        conduct similar to acts or conduct which would constitute
25        grounds for action as defined in this Section.
26             (35)  Failure to report to the Department  surrender
27        of  a  license  or authorization to practice as a medical
28        doctor, a doctor of osteopathy, a doctor  of  osteopathic
29        medicine,  or  doctor of chiropractic in another state or
30        jurisdiction, or surrender of membership on  any  medical
31        staff  or  in  any medical or professional association or
32        society, while under disciplinary investigation by any of
33        those authorities or bodies, for acts or conduct  similar
34        to  acts  or  conduct  which would constitute grounds for
HB1900 Engrossed            -15-              LRB9205361DJgcA
 1        action as defined in this Section.
 2             (36)  Failure  to  report  to  the  Department   any
 3        adverse  judgment,  settlement,  or  award arising from a
 4        liability claim related to acts  or  conduct  similar  to
 5        acts or conduct which would constitute grounds for action
 6        as defined in this Section.
 7             (37)  Failure  to transfer copies of medical records
 8        as required by law.
 9             (38)  Failure  to  furnish   the   Department,   its
10        investigators  or  representatives, relevant information,
11        legally requested by the  Department  after  consultation
12        with  the Chief Medical Coordinator or the Deputy Medical
13        Coordinator.
14             (39)  Violating the Health Care Worker Self-Referral
15        Act.
16             (40)  Willful failure to provide notice when  notice
17        is  required under the Parental Notice of Abortion Act of
18        2001. Willful failure to provide notice  when  notice  is
19        required  under  the  Parental  Notice of Abortion Act of
20        1995.
21             (41)  Failure to establish and maintain  records  of
22        patient care and treatment as required by this law.
23             (42)  Entering  into  an excessive number of written
24        collaborative agreements with licensed advanced  practice
25        nurses   resulting   in   an   inability   to  adequately
26        collaborate and provide medical direction.
27             (43)  Repeated  failure  to  adequately  collaborate
28        with or provide medical direction to a licensed  advanced
29        practice nurse.
30        All proceedings to suspend, revoke, place on probationary
31    status,   or  take  any  other  disciplinary  action  as  the
32    Department may deem proper, with regard to a license  on  any
33    of  the  foregoing  grounds, must be commenced within 3 years
34    next after receipt by the Department of a complaint  alleging
HB1900 Engrossed            -16-              LRB9205361DJgcA
 1    the  commission  of or notice of the conviction order for any
 2    of  the  acts  described  herein.   Except  for  the  grounds
 3    numbered (8), (9) and (29), no action shall be commenced more
 4    than 5 years after the date of the incident or act alleged to
 5    have violated this Section.  In the event of  the  settlement
 6    of  any  claim or cause of action in favor of the claimant or
 7    the reduction to final judgment of any civil action in  favor
 8    of the plaintiff, such claim, cause of action or civil action
 9    being grounded on the allegation that a person licensed under
10    this  Act  was  negligent  in  providing care, the Department
11    shall have an additional period of one year from the date  of
12    notification  to  the Department under Section 23 of this Act
13    of such settlement or final judgment in which to  investigate
14    and commence formal disciplinary proceedings under Section 36
15    of  this  Act, except as otherwise provided by law.  The time
16    during which the holder of the license was outside the  State
17    of  Illinois  shall not be included within any period of time
18    limiting the  commencement  of  disciplinary  action  by  the
19    Department.
20        The  entry  of  an order or judgment by any circuit court
21    establishing that any person holding a license under this Act
22    is a person  in  need  of  mental  treatment  operates  as  a
23    suspension  of  that  license.   That person may resume their
24    practice only upon the entry of a  Departmental  order  based
25    upon  a  finding  by the Medical Disciplinary Board that they
26    have been determined to be recovered from mental  illness  by
27    the  court  and  upon the Disciplinary Board's recommendation
28    that they be permitted to resume their practice.
29        The Department may refuse to issue or  take  disciplinary
30    action concerning the license of any person who fails to file
31    a  return,  or to pay the tax, penalty or interest shown in a
32    filed return, or to pay any final assessment of tax,  penalty
33    or  interest,  as required by any tax Act administered by the
34    Illinois Department  of  Revenue,  until  such  time  as  the
HB1900 Engrossed            -17-              LRB9205361DJgcA
 1    requirements  of any such tax Act are satisfied as determined
 2    by the Illinois Department of Revenue.
 3        The  Department,   upon   the   recommendation   of   the
 4    Disciplinary   Board,  shall  adopt  rules  which  set  forth
 5    standards to be used in determining:
 6             (a)  when  a  person  will  be  deemed  sufficiently
 7        rehabilitated to warrant the public trust;
 8             (b)  what  constitutes  dishonorable,  unethical  or
 9        unprofessional conduct of a character likely to  deceive,
10        defraud, or harm the public;
11             (c)  what   constitutes   immoral   conduct  in  the
12        commission of any act, including,  but  not  limited  to,
13        commission  of an act of sexual misconduct related to the
14        licensee's practice; and
15             (d)  what  constitutes  gross  negligence   in   the
16        practice of medicine.
17        However,  no  such rule shall be admissible into evidence
18    in any civil action except for review of a licensing or other
19    disciplinary action under this Act.
20        In  enforcing  this  Section,  the  Medical  Disciplinary
21    Board, upon a showing of a possible violation, may compel any
22    individual licensed to practice under this Act,  or  who  has
23    applied  for  licensure  or a permit pursuant to this Act, to
24    submit to a mental  or  physical  examination,  or  both,  as
25    required  by  and  at  the  expense  of  the Department.  The
26    examining physician or physicians shall be those specifically
27    designated   by   the   Disciplinary   Board.   The   Medical
28    Disciplinary Board or the Department may order the  examining
29    physician  to  present  testimony  concerning  this mental or
30    physical  examination  of  the  licensee  or  applicant.   No
31    information shall be excluded by reason of any common law  or
32    statutory  privilege  relating  to  communication between the
33    licensee  or  applicant  and  the  examining  physician.  The
34    individual to be  examined  may  have,  at  his  or  her  own
HB1900 Engrossed            -18-              LRB9205361DJgcA
 1    expense,  another  physician  of  his  or  her choice present
 2    during all aspects  of  the  examination.    Failure  of  any
 3    individual  to submit to mental or physical examination, when
 4    directed, shall be grounds  for  suspension  of  his  or  her
 5    license  until  such  time  as  the individual submits to the
 6    examination if the Disciplinary Board finds, after notice and
 7    hearing, that the refusal to submit to  the  examination  was
 8    without  reasonable cause.  If the Disciplinary Board finds a
 9    physician unable to practice because of the reasons set forth
10    in this Section, the Disciplinary Board  shall  require  such
11    physician  to  submit  to  care,  counseling, or treatment by
12    physicians approved or designated by the Disciplinary  Board,
13    as   a   condition  for  continued,  reinstated,  or  renewed
14    licensure to practice.   Any  physician,  whose  license  was
15    granted  pursuant  to  Sections 9, 17, or 19 of this Act, or,
16    continued, reinstated, renewed,  disciplined  or  supervised,
17    subject  to  such terms, conditions or restrictions who shall
18    fail to comply with such terms, conditions  or  restrictions,
19    or  to  complete  a  required program of care, counseling, or
20    treatment, as determined by the Chief Medical Coordinator  or
21    Deputy   Medical  Coordinators,  shall  be  referred  to  the
22    Director for a determination as to whether the licensee shall
23    have their license suspended immediately, pending  a  hearing
24    by  the  Disciplinary  Board.   In  instances  in  which  the
25    Director immediately suspends a license under this Section, a
26    hearing  upon  such  person's license must be convened by the
27    Disciplinary Board within 15 days after such  suspension  and
28    completed  without appreciable delay.  The Disciplinary Board
29    shall have the authority to review  the  subject  physician's
30    record  of treatment and counseling regarding the impairment,
31    to the extent permitted by applicable  federal  statutes  and
32    regulations   safeguarding  the  confidentiality  of  medical
33    records.
34        An individual licensed under  this  Act,  affected  under
HB1900 Engrossed            -19-              LRB9205361DJgcA
 1    this Section, shall be afforded an opportunity to demonstrate
 2    to  the  Disciplinary  Board that they can resume practice in
 3    compliance with acceptable and prevailing standards under the
 4    provisions of their license.
 5        The Department may promulgate rules for the imposition of
 6    fines in disciplinary cases, not to exceed  $5,000  for  each
 7    violation  of  this Act.  Fines may be imposed in conjunction
 8    with other forms of disciplinary action, but shall not be the
 9    exclusive disposition of any disciplinary action arising  out
10    of  conduct  resulting  in death or injury to a patient.  Any
11    funds collected from such fines shall  be  deposited  in  the
12    Medical Disciplinary Fund.
13        (B)  The  Department shall revoke the license or visiting
14    permit of any  person  issued  under  this  Act  to  practice
15    medicine  or to treat human ailments without the use of drugs
16    and without operative  surgery,  who  has  been  convicted  a
17    second  time  of  committing  any  felony  under the Illinois
18    Controlled Substances Act, or who has been convicted a second
19    time of committing a Class 1 felony under Sections  8A-3  and
20    8A-6 of the Illinois Public Aid Code.  A person whose license
21    or  visiting  permit  is  revoked  under this subsection B of
22    Section 22 of this Act shall be  prohibited  from  practicing
23    medicine  or treating human ailments without the use of drugs
24    and without operative surgery.
25        (C)  The Medical Disciplinary Board  shall  recommend  to
26    the  Department  civil  penalties  and  any other appropriate
27    discipline in disciplinary cases when the Board finds that  a
28    physician   willfully   performed  an  abortion  with  actual
29    knowledge that the person upon whom  the  abortion  has  been
30    performed  is  a  minor  without notice as required under the
31    Parental Notice of Abortion Act of 2001.   Upon  the  Board's
32    recommendation,  the  Department  shall impose, for the first
33    violation, a civil penalty of $1,000  and  for  a  second  or
34    subsequent  violation, a civil penalty of $5,000. The Medical
HB1900 Engrossed            -20-              LRB9205361DJgcA
 1    Disciplinary Board shall recommend to  the  Department  civil
 2    penalties   and   any   other   appropriate   discipline   in
 3    disciplinary  cases  when  the  Board  finds that a physician
 4    willfully performed an abortion with  actual  knowledge  that
 5    the  person  upon  whom  the abortion has been performed is a
 6    minor or an incompetent person  without  notice  as  required
 7    under  the Parental Notice of Abortion Act of 1995.  Upon the
 8    Board's recommendation, the Department shall impose, for  the
 9    first  violation,  a civil penalty of $1,000 and for a second
10    or subsequent violation, a civil penalty of $5,000.
11    (Source: P.A.  89-18,  eff.  6-1-95;  89-201,  eff.   1-1-96;
12    89-626,  eff.  8-9-96;  89-702,  eff.  7-1-97;  90-742,  eff.
13    8-13-98.)

14        (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
15        Sec.  23.    Reports relating to professional conduct and
16    capacity.
17        (A)  Entities required to report.
18             (1)  Health   care    institutions.     The    chief
19        administrator  or  executive  officer  of any health care
20        institution licensed by the Illinois Department of Public
21        Health shall report to the Disciplinary  Board  when  any
22        person's   clinical  privileges  are  terminated  or  are
23        restricted based on a final determination, in  accordance
24        with that institution's by-laws or rules and regulations,
25        that  a  person has either committed an act or acts which
26        may  directly  threaten  patient  care,  and  not  of  an
27        administrative nature, or that a person may  be  mentally
28        or  physically  disabled  in such a manner as to endanger
29        patients under that person's  care.   Such  officer  also
30        shall report if a person accepts voluntary termination or
31        restriction  of  clinical  privileges  in  lieu of formal
32        action based upon conduct  related  directly  to  patient
33        care  and  not of an administrative nature, or in lieu of
HB1900 Engrossed            -21-              LRB9205361DJgcA
 1        formal action seeking to determine whether a  person  may
 2        be mentally or physically disabled in such a manner as to
 3        endanger  patients under that person's care.  The Medical
 4        Disciplinary  Board  shall,  by  rule,  provide  for  the
 5        reporting to it of  all  instances  in  which  a  person,
 6        licensed  under  this  Act,  who is impaired by reason of
 7        age,  drug  or  alcohol  abuse  or  physical  or   mental
 8        impairment,  is under supervision and, where appropriate,
 9        is in a program of rehabilitation.  Such reports shall be
10        strictly confidential and may be reviewed and  considered
11        only  by  the  members  of  the Disciplinary Board, or by
12        authorized staff as provided by rules of the Disciplinary
13        Board.  Provisions shall be made for the periodic  report
14        of  the  status  of  any  such person not less than twice
15        annually in order that the Disciplinary Board shall  have
16        current information upon which to determine the status of
17        any  such  person.  Such initial  and periodic reports of
18        impaired  physicians  shall  not  be  considered  records
19        within the meaning of The State Records Act and shall  be
20        disposed   of,   following   a   determination   by   the
21        Disciplinary  Board  that  such  reports  are  no  longer
22        required,   in   a   manner  and  at  such  time  as  the
23        Disciplinary Board shall determine by rule.   The  filing
24        of  such  reports  shall  be construed as the filing of a
25        report for purposes of subsection (C) of this Section.
26             (2)  Professional associations.   The  President  or
27        chief executive officer of any association or society, of
28        persons  licensed  under  this Act, operating within this
29        State shall report to the  Disciplinary  Board  when  the
30        association or society renders a final determination that
31        a  person  has  committed  unprofessional conduct related
32        directly to patient care or that a person may be mentally
33        or physically disabled in such a manner  as  to  endanger
34        patients under that person's care.
HB1900 Engrossed            -22-              LRB9205361DJgcA
 1             (3)  Professional    liability    insurers.    Every
 2        insurance company which offers policies  of  professional
 3        liability  insurance  to persons licensed under this Act,
 4        or  any  other  entity  which  seeks  to  indemnify   the
 5        professional  liability  of  a person licensed under this
 6        Act,  shall  report  to  the   Disciplinary   Board   the
 7        settlement  of  any  claim  or  cause of action, or final
 8        judgment rendered in any cause of action,  which  alleged
 9        negligence  in  the  furnishing  of  medical care by such
10        licensed person when such settlement or final judgment is
11        in favor of the plaintiff.
12             (4)  State's Attorneys.   The  State's  Attorney  of
13        each  county  shall  report to the Disciplinary Board all
14        instances in which a person licensed under  this  Act  is
15        convicted  or otherwise found guilty of the commission of
16        any felony. The  State's  Attorney  of  each  county  may
17        report  to  the  Disciplinary  Board  through  a verified
18        complaint any instance  in  which  the  State's  Attorney
19        believes  that  a  physician  has  willfully violated the
20        notice requirements of the Parental  Notice  of  Abortion
21        Act  of  2001.  The  State's  Attorney of each county may
22        report to  the  Disciplinary  Board  through  a  verified
23        complaint  any  instance  in  which  the State's Attorney
24        believes that a  physician  has  willfully  violated  the
25        notice  requirements  of  the Parental Notice of Abortion
26        Act of 1995.
27             (5)  State   agencies.    All   agencies,    boards,
28        commissions,  departments,  or other instrumentalities of
29        the government of the State of Illinois shall  report  to
30        the Disciplinary Board any instance arising in connection
31        with   the  operations  of  such  agency,  including  the
32        administration of any law by  such  agency,  in  which  a
33        person  licensed  under  this Act has either committed an
34        act or acts which may be a violation of this Act or which
HB1900 Engrossed            -23-              LRB9205361DJgcA
 1        may constitute unprofessional conduct related directly to
 2        patient care or which indicates that  a  person  licensed
 3        under  this Act may be mentally or physically disabled in
 4        such a manner as to endanger patients under that person's
 5        care.
 6        (B)  Mandatory reporting.  All reports required by  items
 7    (34),  (35),  and (36) of subsection (A) of Section 22 and by
 8    Section 23 shall be submitted to the Disciplinary Board in  a
 9    timely fashion.  The reports shall be filed in writing within
10    60 days after a determination that a report is required under
11    this   Act.    All   reports   shall  contain  the  following
12    information:
13             (1)  The name, address and telephone number  of  the
14        person making the report.
15             (2)  The  name,  address and telephone number of the
16        person who is the subject of the report.
17             (3)  The name or other means  of  identification  of
18        any  patient  or patients whose treatment is a subject of
19        the report, provided, however, no medical records may  be
20        revealed  without  the  written consent of the patient or
21        patients.
22             (4)  A brief description of  the  facts  which  gave
23        rise  to  the issuance of the report, including the dates
24        of any occurrences deemed to necessitate  the  filing  of
25        the report.
26             (5)  If  court  action  is involved, the identity of
27        the court in which the action is filed,  along  with  the
28        docket number and date of filing of the action.
29             (6)  Any  further  pertinent  information  which the
30        reporting party deems to be an aid in the  evaluation  of
31        the report.
32        The Department shall have the right to inform patients of
33    the  right  to  provide written consent for the Department to
34    obtain  copies  of  hospital   and   medical   records.   The
HB1900 Engrossed            -24-              LRB9205361DJgcA
 1    Disciplinary Board or Department may exercise the power under
 2    Section  38  of  this  Act  to subpoena copies of hospital or
 3    medical records in mandatory report cases alleging  death  or
 4    permanent bodily injury when consent to obtain records is not
 5    provided  by  a patient or legal representative.  Appropriate
 6    rules shall be adopted by the Department with the approval of
 7    the Disciplinary Board.
 8        When  the  Department  has   received   written   reports
 9    concerning  incidents  required to be reported in items (34),
10    (35),  and  (36)  of  subsection  (A)  of  Section  22,   the
11    licensee's  failure  to report the incident to the Department
12    under  those  items  shall  not  be  the  sole  grounds   for
13    disciplinary action.
14        Nothing  contained  in  this  Section shall act to in any
15    way, waive or modify the confidentiality of  medical  reports
16    and  committee  reports  to  the extent provided by law.  Any
17    information reported or  disclosed  shall  be  kept  for  the
18    confidential  use  of  the  Disciplinary  Board,  the Medical
19    Coordinators, the Disciplinary Board's attorneys, the medical
20    investigative  staff,  and  authorized  clerical  staff,   as
21    provided  in  this Act, and shall be afforded the same status
22    as is provided information concerning medical studies in Part
23    21 of Article VIII of the Code of Civil Procedure.
24        (C)  Immunity  from  prosecution.   Any   individual   or
25    organization  acting  in  good faith, and not in a wilful and
26    wanton manner, in complying with this Act  by  providing  any
27    report  or  other  information  to the Disciplinary Board, or
28    assisting  in  the  investigation  or  preparation  of   such
29    information,  or  by  participating  in  proceedings  of  the
30    Disciplinary  Board,  or  by  serving  as  a  member  of  the
31    Disciplinary  Board,  shall not, as a result of such actions,
32    be subject to criminal prosecution or civil damages.
33        (D)  Indemnification.  Members of the Disciplinary Board,
34    the Medical Coordinators, the Disciplinary Board's attorneys,
HB1900 Engrossed            -25-              LRB9205361DJgcA
 1    the medical investigative staff,  physicians  retained  under
 2    contract to assist and advise the medical coordinators in the
 3    investigation,   and   authorized  clerical  staff  shall  be
 4    indemnified by the State for any actions occurring within the
 5    scope of services on the Disciplinary  Board,  done  in  good
 6    faith  and  not  wilful  and  wanton in nature.  The Attorney
 7    General shall defend  all  such  actions  unless  he  or  she
 8    determines  either that there would be a conflict of interest
 9    in such representation or that the actions complained of were
10    not in good faith or were wilful and wanton.
11        Should the Attorney General decline  representation,  the
12    member  shall  have the right to employ counsel of his or her
13    choice, whose fees shall be  provided  by  the  State,  after
14    approval   by   the  Attorney  General,  unless  there  is  a
15    determination by a court that the member's actions  were  not
16    in good faith or were wilful and wanton.
17        The member must notify the Attorney General within 7 days
18    of  receipt  of  notice  of  the  initiation  of  any  action
19    involving  services of the Disciplinary Board.  Failure to so
20    notify the Attorney  General  shall  constitute  an  absolute
21    waiver of the right to a defense and indemnification.
22        The  Attorney General shall determine within 7 days after
23    receiving such notice, whether he or she  will  undertake  to
24    represent the member.
25        (E)  Deliberations   of  Disciplinary  Board.   Upon  the
26    receipt of any report called for  by  this  Act,  other  than
27    those  reports  of  impaired  persons licensed under this Act
28    required pursuant to the rules of the Disciplinary Board, the
29    Disciplinary Board shall  notify  in  writing,  by  certified
30    mail,  the  person  who  is  the subject of the report.  Such
31    notification shall be made within 30 days of receipt  by  the
32    Disciplinary Board of the report.
33        The  notification  shall include a written notice setting
34    forth the person's right to examine the report.  Included  in
HB1900 Engrossed            -26-              LRB9205361DJgcA
 1    such  notification  shall be the address at which the file is
 2    maintained, the name of the custodian of the reports, and the
 3    telephone number at which the custodian may be  reached.  The
 4    person  who  is  the  subject  of  the  report shall submit a
 5    written  statement  responding,  clarifying,  adding  to,  or
 6    proposing the amending of the report previously  filed.   The
 7    statement  shall become a permanent part of the file and must
 8    be received by the Disciplinary Board no more  than  60  days
 9    after  the  date  on  which  the  person  was notified by the
10    Disciplinary Board of the existence of the original report.
11        The Disciplinary Board shall review all reports  received
12    by   it,   together   with  any  supporting  information  and
13    responding  statements  submitted  by  persons  who  are  the
14    subject of reports.  The review  by  the  Disciplinary  Board
15    shall  be  in  a  timely  manner  but  in no event, shall the
16    Disciplinary Board's initial review of the material contained
17    in each disciplinary file be less than 61 days nor more  than
18    180  days  after  the  receipt  of  the initial report by the
19    Disciplinary Board.
20        When the Disciplinary Board makes its initial  review  of
21    the  materials  contained  within its disciplinary files, the
22    Disciplinary Board shall, in writing, make a determination as
23    to whether there are  sufficient  facts  to  warrant  further
24    investigation  or action.  Failure to make such determination
25    within  the  time  provided  shall  be   deemed   to   be   a
26    determination  that there are not sufficient facts to warrant
27    further investigation or action.
28        Should the Disciplinary Board find  that  there  are  not
29    sufficient facts to warrant further investigation, or action,
30    the  report shall be accepted for filing and the matter shall
31    be deemed closed  and  so  reported  to  the  Director.   The
32    Director  shall  then  have  30  days  to  accept the Medical
33    Disciplinary   Board's   decision    or    request    further
34    investigation.   The  Director  shall  inform  the  Board  in
HB1900 Engrossed            -27-              LRB9205361DJgcA
 1    writing  of  the  decision  to request further investigation,
 2    including  the  specific  reasons  for  the  decision.    The
 3    individual  or entity filing the original report or complaint
 4    and the person who is the subject of the report or  complaint
 5    shall  be  notified  in  writing by the Director of any final
 6    action on their report or complaint.
 7        (F)  Summary  reports.   The  Disciplinary  Board   shall
 8    prepare,  on  a  timely  basis, but in no event less than one
 9    every other month, a summary report of  final  actions  taken
10    upon disciplinary files maintained by the Disciplinary Board.
11    The  summary  reports shall be sent by the Disciplinary Board
12    to every  health  care  facility  licensed  by  the  Illinois
13    Department  of  Public Health, every professional association
14    and society of persons licensed under this Act functioning on
15    a  statewide  basis  in  this  State,  the  American  Medical
16    Association,  the  American  Osteopathic   Association,   the
17    American  Chiropractic  Association,  all  insurers providing
18    professional liability insurance to  persons  licensed  under
19    this  Act  in  the State of Illinois, the Federation of State
20    Medical  Licensing  Boards,  and  the  Illinois   Pharmacists
21    Association.
22        (G)  Any  violation  of  this  Section shall be a Class A
23    misdemeanor.
24        (H)  If any such person violates the provisions  of  this
25    Section an action may be brought in the name of the People of
26    the  State  of  Illinois, through the Attorney General of the
27    State of Illinois, for an order enjoining such  violation  or
28    for  an  order  enforcing  compliance with this Section. Upon
29    filing of a verified petition in such court,  the  court  may
30    issue  a  temporary  restraining order without notice or bond
31    and may preliminarily or permanently enjoin  such  violation,
32    and  if it is established that such person has violated or is
33    violating the injunction, the court may punish  the  offender
34    for  contempt  of  court.   Proceedings  under this paragraph
HB1900 Engrossed            -28-              LRB9205361DJgcA
 1    shall be in addition to,  and  not  in  lieu  of,  all  other
 2    remedies and penalties provided for by this Section.
 3    (Source:  P.A.  89-18,  eff.  6-1-95;  89-702,  eff.  7-1-97;
 4    90-699, eff. 1-1-99.)

 5        (720 ILCS 515/Act rep.)
 6        Section  95.   The Illinois Abortion Parental Consent Act
 7    of 1977, which was repealed by Public  Act  89-18,  is  again
 8    repealed.

 9        (720 ILCS 520/Act rep.)
10        Section 96.  The Parental Notice of Abortion Act of 1983,
11    which was repealed by Public Act 89-18, is again repealed.

12        (750 ILCS 70/Act rep.)
13        Section  97.  The Parental Notice of Abortion Act of 1995
14    is repealed.

15        Section 99.  Effective Date.  This Act takes effect  upon
16    becoming law.

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