State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 004 ]




 1                    AMENDMENT TO HOUSE BILL 1900

 2        AMENDMENT NO.     .  Amend House Bill 1900  by  replacing
 3    everything after the enacting clause with the following:
 4        "AN ACT concerning abortions."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 1. Short title. This Act may  be  cited  as  the
 8    Parental Notice of Abortion Act of 2001.

 9        Section 5.  Legislative findings and purpose. The General
10    Assembly finds that notification of an adult family member as
11    defined   in   this  Act  is  in  the  best  interest  of  an
12    unemancipated minor, and the General  Assembly's  purpose  in
13    enacting this parental notice law is to further the important
14    and   compelling  State  interests  of  protecting  the  best
15    interests of an unemancipated  minor,  fostering  the  family
16    unit  and  preserving  it as a viable social unit, protecting
17    the constitutional rights of parents to rear children who are
18    members of their household,  and  preventing  the  influx  of
19    minors  entering   the State of Illinois to evade the laws of
20    their  home  state  that  require  parental  notification  or
21    parental consent.
                            -2-            LRB9205361DJgcam09
 1        The medical, emotional, and psychological consequences of
 2    abortion are sometimes serious and long-lasting, and immature
 3    minors often lack the ability to make fully informed  choices
 4    that consider both the immediate and long-range consequences.
 5        Parental  consultation is usually in the best interest of
 6    the minor and is  desirable  since  the  capacity  to  become
 7    pregnant  and the capacity for mature judgment concerning the
 8    wisdom of an abortion are not necessarily related.    Parents
 9    ordinarily  possess  information  essential  to a physician's
10    exercise of his or her best medical judgment  concerning  the
11    minor,  and  parents  who are aware their daughter has had an
12    abortion may better ensure her appropriate medical  attention
13    after her abortion.

14        Section 10.  Definitions.  In this Act:
15        "Abortion"  means the use of any instrument, medicine, or
16    drug, or any other substance  or  device,  to  terminate  the
17    pregnancy  of  a woman known to be pregnant with an intention
18    other than to increase the probability of a  live  birth,  to
19    preserve  the  life or health of a child after live birth, or
20    to remove a dead fetus.
21        "Actual notice" means the giving of notice  directly,  in
22    person  or by telephone, and not by facsimile, voice mail, or
23    answering machine message.
24        "Adult family member" means a person over 18 years of age
25    who is:
26             (1) the parent of the minor or incompetent person;
27             (2) a step-parent married to and residing  with  the
28        custodial parent of the minor or incompetent person; or
29             (3)  a  legal  guardian  of the minor or incompetent
30        person.
31        "Constructive notice" means notice sent by certified mail
32    to the last known address of the person entitled  to  notice,
33    with  delivery  deemed  to  have  occurred 48 hours after the
                            -3-            LRB9205361DJgcam09
 1    notice is mailed.
 2        "Incompetent person" means a person who has been adjudged
 3    as mentally ill or developmentally disabled and who,  because
 4    of  her  mental  illness  or developmental disability, is not
 5    fully able to manage her person and for whom  a  guardian  of
 6    the  person  has  been  appointed under subdivision (a)(1) of
 7    Section 11a-3 of the Probate Act of 1975.
 8        "Medical emergency" means a condition that, on the  basis
 9    of a physician's good faith clinical judgment, so complicates
10    the  medical  condition of a pregnant woman as to necessitate
11    the immediate abortion of her pregnancy to avert her death or
12    for which a delay will create serious risk of substantial and
13    irreversible impairment of major bodily function.
14        "Minor" means any person under 18 years of age who is not
15    or has not been married or who has not been emancipated under
16    the Emancipation of Mature Minors Act.
17        "Neglect" means the failure of an adult family member  to
18    supply  a  child  with  necessary food, clothing, shelter, or
19    medical care when reasonably able to do so or the failure  to
20    protect  a  child  from conditions or actions that imminently
21    and seriously endanger the child's physical or mental  health
22    when reasonably able to do so.
23        "Physical  abuse" means any physical injury intentionally
24    inflicted by an adult family member on a child.
25        "Physician" means a person licensed to practice  medicine
26    in all its branches under the Medical Practice Act of 1987.
27        "Sexual   abuse"  means  any  sexual  conduct  or  sexual
28    penetration as defined in Section 12-12 of the Criminal  Code
29    of  1961 that is prohibited by the criminal laws of the State
30    of Illinois and committed against a minor by an adult  family
31    member as defined in this Act.

32        Section  15.  Notice  to  adult  family member. No person
33    shall knowingly perform an abortion upon a minor or  upon  an
                            -4-            LRB9205361DJgcam09
 1    incompetent  person unless the person or his or her agent has
 2    given at least 48 hours actual  notice  to  an  adult  family
 3    member  of the pregnant minor or incompetent person of his or
 4    her intention to perform the abortion, unless that person  or
 5    his  or  her  agent  has  received  a  written statement by a
 6    referring physician certifying that the  referring  physician
 7    or  his or her agent has given at least 48 hours notice to an
 8    adult family member of  the  pregnant  minor  or  incompetent
 9    person.   If actual notice is not possible after a reasonable
10    effort, the person or his or her agent  must  give  48  hours
11    constructive notice.

12        Section  20.   Exceptions.  Notice  is not required under
13    this Act if:
14             (1) at the time the abortion is performed, the minor
15        or incompetent person is accompanied by a person entitled
16        to notice under this Act; or
17             (2) notice under this Act is waived in writing by  a
18        person who is entitled to that notice; or
19             (3)   the   attending  physician  certifies  in  the
20        patient's medical record that a medical emergency  exists
21        and  there  is  insufficient time to provide the required
22        notice; or
23             (4) the minor declares in  writing  that  she  is  a
24        victim  of sexual abuse, neglect, or physical abuse by an
25        adult family member as defined in this Act, in which case
26        (i) the attending physician must certify in the patient's
27        medical record that he or she has  received  the  written
28        declaration of abuse or neglect and (ii) any notification
29        of public authorities of abuse that may be required under
30        other  laws  of this State need not be made by the person
31        performing the abortion until after the minor receives an
32        abortion that otherwise complies with the requirements of
33        this Act; or
                            -5-            LRB9205361DJgcam09
 1             (5) notice under this Act is  waived  under  Section
 2        25.

 3        Section 25.  Procedure for judicial waiver of notice.
 4        (a)  The  requirements  and procedures under this Section
 5    are available to minors and incompetent  persons  whether  or
 6    not they are residents of this State.
 7        (b)  A  minor  or  incompetent  person  may  petition any
 8    circuit court for a waiver of the parental notice of abortion
 9    requirement under this Act and may participate in proceedings
10    on her own behalf.  The court shall  appoint  a  guardian  ad
11    litem  for  her in any such proceedings.  A guardian ad litem
12    appointed  under  this  Act  must   act   to   maintain   the
13    confidentiality  of the proceedings.  The circuit court shall
14    advise the minor or incompetent person that she has  a  right
15    to court-appointed counsel and shall provide her with counsel
16    upon her request.
17        (c)   Court  proceedings  under  this  Section  shall  be
18    confidential and must ensure the anonymity of  the  minor  or
19    incompetent person.  All court proceedings under this Section
20    shall  be  sealed.   The  minor or incompetent person has the
21    right to file her petition  in  the  circuit  court  using  a
22    pseudonym  or  using  solely  her  initials.   All  documents
23    related  to  the petition shall be confidential and shall not
24    be made available to the public. These proceedings  shall  be
25    given  precedence  over  other  pending matters to the extent
26    necessary  to  ensure  that  the  court  reaches  a  decision
27    promptly.  The court shall rule and issue written findings of
28    fact and  conclusions  of  law  within  48  hours  after  the
29    petition  is filed, except that the 48-hour limitation may be
30    extended at the request of the minor or  incompetent  person.
31    If  the  court fails to rule within the 48-hour period and an
32    extension is not requested, then the petition shall be deemed
33    to have been granted, and the  notice  requirement  shall  be
                            -6-            LRB9205361DJgcam09
 1    waived.
 2        (d)  Notice  under  this Act shall be waived if the court
 3    finds by clear and convincing evidence either:
 4             (1)  that  the  minor  or  incompetent   person   is
 5        sufficiently  mature  and  well-enough informed to decide
 6        intelligently whether to have an abortion; or
 7             (2) that notification under Section 15 of  this  Act
 8        would  not  be  in  the  best  interests  of the minor or
 9        incompetent person.
10        (e) A court that conducts proceedings under this  Section
11    shall  issue  written and specific factual findings and legal
12    conclusions supporting its decision and shall  order  that  a
13    confidential  record of the evidence and the judge's findings
14    and conclusions be maintained.
15        (f) An expedited confidential appeal shall  be  available
16    to  any minor or incompetent person to whom the circuit court
17    denies  a  waiver  of  notice  under  this  Act.   An   order
18    authorizing  an  abortion  without  notice  is not subject to
19    appeal.
20        (g) The following rules apply to the appeal of  a  denial
21    of a petition for waiver of parental notice of abortion under
22    this  Section.  These rules shall remain in effect only until
23    the Illinois Supreme Court issues its own rules providing for
24    an expedited confidential appeal of a denial  of  a  petition
25    for  waiver  of parental notice.  If the rules adopted by the
26    Illinois Supreme Court  are  declared  unconstitutional,  the
27    following rules are thereafter once again in effect.
28             (1)  Review  of  the  denial of a waiver of parental
29        notice under this Act shall be by petition filed  in  the
30        Appellate  Court.   An appropriate supporting record must
31        accompany the petition.   The  record  must  include  the
32        notice  of  interlocutory  appeal; the pleadings filed in
33        the circuit court, if any; the decision  of  the  circuit
34        court,  including the specific findings of fact and legal
                            -7-            LRB9205361DJgcam09
 1        conclusions supporting the decision; and  any  supporting
 2        documents  of  record the petition may offer.  The record
 3        may be authenticated by the certificate of the  clerk  of
 4        the  trial  court  or  by the affidavit of an attorney or
 5        party filing it.
 6             (2) The minor or incompetent petitioner may  file  a
 7        brief  statement  of  facts and a short memorandum of law
 8        supporting her petition.  These may be filed instead of a
 9        brief and abstract and must be filed within 2 days  after
10        the denial of the petition for waiver of parental notice.
11             (3) Except by order of the court upon request of the
12        minor  or incompetent petitioner or her guardian ad litem
13        or counsel, no extension of time may be granted.
14             (4) After the petitioner  has  filed  the  petition,
15        supporting  record,  and  any  memorandum,  the Appellate
16        Court shall consider and decide  the  petition  within  2
17        days.  No oral argument on the petition may be heard.
18             (5)  The  minor or incompetent petitioner may appear
19        and file her notice of appeal and her petition using only
20        her initials or a pseudonym.  If she does not use her own
21        name,  however,  she  must  provide  the  Clerk  of   the
22        Appellate  Court  with  a  name,  telephone  number,  and
23        address  where  she  can be reached to be informed of the
24        time and place of any hearing and  the  decision  of  the
25        court.
26             (6)  The  Appellate  Court  shall appoint counsel to
27        assist the minor or  incompetent  petitioner  if  she  so
28        requests.
29             (7) All Appellate Court records concerning an appeal
30        under  this  Section  shall  be  sealed  as confidential.
31        Inspection and copying of any court records  relating  to
32        the proceeding and the minor or incompetent person who is
33        the  subject  of the proceeding shall not be available to
34        the minor or incompetent person who is the subject of the
                            -8-            LRB9205361DJgcam09
 1        proceeding or to her guardian ad litem or counsel.
 2             (8) Any further appeal to the Illinois Supreme Court
 3        may be taken in a manner  similar  to  that  provided  in
 4        other civil cases.
 5        (h) No fees shall be required of any minor or incompetent
 6    person  who avails herself of the procedures provided by this
 7    Section.

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

11        Section 35.  Reports. The  Department  of  Public  Health
12    must  comply with the reporting requirements set forth in the
13    consent decree in Herbst v. O'Malley, case no.  84-C-5602  in
14    the   U.S.  District  Court  for  the  Northern  District  of
15    Illinois, Eastern Division.  These reports must also  include
16    a  statement  of whether the required notice under Section 15
17    of this Act was given and, if  an  exception  to  the  notice
18    requirement applies, which exception was used.   No patient's
19    name  or  any  other  information  that  could  lead  to  the
20    identification  of  the  patient  may  be  used in any report
21    submitted under this Section.

22        Section 40.  Penalties.
23        (a) A physician who willfully fails to provide notice  as
24    required  under  this  Act before performing an abortion on a
25    minor or an incompetent  person  shall  be  referred  to  the
26    Illinois  State  Medical  Disciplinary  Board  for  action in
27    accordance with Section 22 of the  Medical  Practice  Act  of
28    1987.
29        (b)  A  person,  not authorized under this Act, who signs
30    any  waiver  of  notice  under  this  Act  for  a  minor   or
31    incompetent person seeking an abortion is guilty of a Class C
                            -9-            LRB9205361DJgcam09
 1    misdemeanor.
 2        (c)  A  person  who discloses confidential information in
 3    violation of Section 25 is guilty of a Class C misdemeanor.

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

 9        Section   50.   Severability.  If  any  provision,  word,
10    phrase, or clause of this Act,  or  its  application  to  any
11    person  or  circumstance,  is held invalid, the invalidity of
12    that provision or application does not affect the provisions,
13    words, phrases, clauses, or applications of the Act that  can
14    be  given effect without the invalid provision, word, phrase,
15    clause, or application,  and  to  this  end  the  provisions,
16    words,  phrases,  and  clauses of this Act are declared to be
17    severable.

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

20        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
21        Sec. 22.  Disciplinary action.
22        (A)  The   Department   may  revoke,  suspend,  place  on
23    probationary status, or take any other disciplinary action as
24    the Department may deem proper with regard to the license  or
25    visiting professor permit of any person issued under this Act
26    to  practice medicine, or to treat human ailments without the
27    use of drugs and without operative surgery upon  any  of  the
28    following grounds:
29             (1)  Performance  of  an  elective  abortion  in any
30        place, locale, facility, or institution other than:
                            -10-           LRB9205361DJgcam09
 1                  (a)  a  facility  licensed  pursuant   to   the
 2             Ambulatory Surgical Treatment Center Act;
 3                  (b)  an institution licensed under the Hospital
 4             Licensing Act; or
 5                  (c)  an ambulatory surgical treatment center or
 6             hospitalization  or  care facility maintained by the
 7             State or any agency thereof, where  such  department
 8             or  agency  has authority under law to establish and
 9             enforce  standards  for  the   ambulatory   surgical
10             treatment    centers,   hospitalization,   or   care
11             facilities under its management and control; or
12                  (d)  ambulatory  surgical  treatment   centers,
13             hospitalization or care facilities maintained by the
14             Federal Government; or
15                  (e)  ambulatory   surgical  treatment  centers,
16             hospitalization or care facilities maintained by any
17             university or college established under the laws  of
18             this State and supported principally by public funds
19             raised by taxation.
20             (2)  Performance  of  an  abortion  procedure  in  a
21        wilful  and wanton manner on a woman who was not pregnant
22        at the time the abortion procedure was performed.
23             (3)  The conviction of a felony in this or any other
24        jurisdiction, except as otherwise provided in  subsection
25        B  of  this  Section,  whether or not related to practice
26        under this  Act,  or  the  entry  of  a  guilty  or  nolo
27        contendere plea to a felony charge.
28             (4)  Gross negligence in practice under this Act.
29             (5)  Engaging    in   dishonorable,   unethical   or
30        unprofessional conduct of a character likely to  deceive,
31        defraud or harm the public.
32             (6)  Obtaining   any   fee   by  fraud,  deceit,  or
33        misrepresentation.
34             (7)  Habitual or excessive use  or  abuse  of  drugs
                            -11-           LRB9205361DJgcam09
 1        defined  in  law as controlled substances, of alcohol, or
 2        of any other substances which results in the inability to
 3        practice with reasonable judgment, skill or safety.
 4             (8)  Practicing under a false or, except as provided
 5        by law, an assumed name.
 6             (9)  Fraud or misrepresentation in applying for,  or
 7        procuring, a license under this Act or in connection with
 8        applying for renewal of a license under this Act.
 9             (10)  Making   a   false   or  misleading  statement
10        regarding their skill or the efficacy  or  value  of  the
11        medicine,  treatment,  or  remedy  prescribed  by them at
12        their direction in the treatment of any disease or  other
13        condition of the body or mind.
14             (11)  Allowing another person or organization to use
15        their license, procured under this Act, to practice.
16             (12)  Disciplinary   action   of  another  state  or
17        jurisdiction against a license or other authorization  to
18        practice  as  a  medical  doctor,  doctor  of osteopathy,
19        doctor of osteopathic medicine or doctor of chiropractic,
20        a certified copy of the record of the action taken by the
21        other state or jurisdiction being  prima  facie  evidence
22        thereof.
23             (13)  Violation  of  any provision of this Act or of
24        the Medical Practice Act prior to the repeal of that Act,
25        or violation of the  rules,  or  a  final  administrative
26        action  of  the  Director,  after  consideration  of  the
27        recommendation of the Disciplinary Board.
28             (14)  Dividing  with  anyone  other  than physicians
29        with  whom  the  licensee  practices  in  a  partnership,
30        Professional Association, limited liability  company,  or
31        Medical  or Professional Corporation any fee, commission,
32        rebate or other form of compensation for any professional
33        services not actually and  personally  rendered.  Nothing
34        contained  in  this  subsection prohibits persons holding
                            -12-           LRB9205361DJgcam09
 1        valid and current licenses under this Act from practicing
 2        medicine in partnership under  a  partnership  agreement,
 3        including  a  limited liability partnership, in a limited
 4        liability company under  the  Limited  Liability  Company
 5        Act,   in   a   corporation  authorized  by  the  Medical
 6        Corporation Act, as  an  association  authorized  by  the
 7        Professional  Association  Act, or in a corporation under
 8        the  Professional  Corporation  Act  or   from   pooling,
 9        sharing,  dividing  or  apportioning  the fees and monies
10        received by them or by the  partnership,  corporation  or
11        association  in accordance with the partnership agreement
12        or  the  policies  of  the  Board  of  Directors  of  the
13        corporation or association.  Nothing  contained  in  this
14        subsection prohibits 2 or more corporations authorized by
15        the  Medical  Corporation Act, from forming a partnership
16        or joint venture  of  such  corporations,  and  providing
17        medical,  surgical  and scientific research and knowledge
18        by employees of these corporations if such employees  are
19        licensed  under  this  Act,  or  from  pooling,  sharing,
20        dividing, or apportioning the fees and monies received by
21        the  partnership  or joint venture in accordance with the
22        partnership  or   joint   venture   agreement.    Nothing
23        contained  in this subsection shall abrogate the right of
24        2 or more persons, holding  valid  and  current  licenses
25        under this Act, to each receive adequate compensation for
26        concurrently rendering professional services to a patient
27        and   divide  a  fee;  provided,  the  patient  has  full
28        knowledge  of  the  division,  and,  provided,  that  the
29        division is made in proportion to the services  performed
30        and responsibility assumed by each.
31             (15)  A  finding  by  the Medical Disciplinary Board
32        that the registrant  after  having  his  or  her  license
33        placed  on probationary status or subjected to conditions
34        or restrictions violated the terms of  the  probation  or
                            -13-           LRB9205361DJgcam09
 1        failed to comply with such terms or conditions.
 2             (16)  Abandonment of a patient.
 3             (17)  Prescribing,      selling,      administering,
 4        distributing,   giving  or  self-administering  any  drug
 5        classified as a controlled substance (designated product)
 6        or narcotic for other than medically accepted therapeutic
 7        purposes.
 8             (18)  Promotion  of  the  sale  of  drugs,  devices,
 9        appliances or goods provided for a patient in such manner
10        as to exploit the  patient  for  financial  gain  of  the
11        physician.
12             (19)  Offering,  undertaking  or agreeing to cure or
13        treat disease by a secret method, procedure, treatment or
14        medicine, or the treating, operating or  prescribing  for
15        any human condition by a method, means or procedure which
16        the  licensee  refuses  to  divulge  upon  demand  of the
17        Department.
18             (20)  Immoral conduct in the commission of  any  act
19        including,  but  not  limited to, commission of an act of
20        sexual misconduct related to the licensee's practice.
21             (21)  Wilfully making or  filing  false  records  or
22        reports in his or her practice as a physician, including,
23        but  not  limited  to,  false  records  to support claims
24        against the medical assistance program of the  Department
25        of Public Aid under the Illinois Public Aid Code.
26             (22)  Wilful omission to file or record, or wilfully
27        impeding  the  filing  or  recording, or inducing another
28        person to omit to file  or  record,  medical  reports  as
29        required  by  law,  or  wilfully  failing  to  report  an
30        instance  of  suspected  abuse  or neglect as required by
31        law.
32             (23)  Being named as a perpetrator in  an  indicated
33        report  by the Department of Children and Family Services
34        under the Abused and Neglected Child Reporting  Act,  and
                            -14-           LRB9205361DJgcam09
 1        upon  proof  by  clear  and  convincing evidence that the
 2        licensee has caused a child to  be  an  abused  child  or
 3        neglected  child  as  defined in the Abused and Neglected
 4        Child Reporting Act.
 5             (24)  Solicitation of professional patronage by  any
 6        corporation,  agents  or persons, or profiting from those
 7        representing themselves to be agents of the licensee.
 8             (25)  Gross and wilful  and  continued  overcharging
 9        for   professional   services,   including  filing  false
10        statements for collection of fees for which services  are
11        not  rendered, including, but not limited to, filing such
12        false statements for collection of  monies  for  services
13        not  rendered  from the medical assistance program of the
14        Department of Public Aid under the  Illinois  Public  Aid
15        Code.
16             (26)  A  pattern of practice or other behavior which
17        demonstrates incapacity or incompetence to practice under
18        this Act.
19             (27)  Mental illness or disability which results  in
20        the  inability to practice under this Act with reasonable
21        judgment, skill or safety.
22             (28)  Physical illness, including, but  not  limited
23        to,  deterioration  through the aging process, or loss of
24        motor skill which results in a physician's  inability  to
25        practice  under  this Act with reasonable judgment, skill
26        or safety.
27             (29)  Cheating  on  or  attempt   to   subvert   the
28        licensing examinations administered under this Act.
29             (30)  Wilfully    or   negligently   violating   the
30        confidentiality between physician and patient  except  as
31        required by law.
32             (31)  The use of any false, fraudulent, or deceptive
33        statement  in  any document connected with practice under
34        this Act.
                            -15-           LRB9205361DJgcam09
 1             (32)  Aiding and abetting an individual not licensed
 2        under this Act in the practice of a  profession  licensed
 3        under this Act.
 4             (33)  Violating state or federal laws or regulations
 5        relating to controlled substances.
 6             (34)  Failure   to  report  to  the  Department  any
 7        adverse  final  action  taken  against  them  by  another
 8        licensing jurisdiction (any other state or any  territory
 9        of the United States or any foreign state or country), by
10        any  peer review body, by any health care institution, by
11        any  professional  society  or  association  related   to
12        practice  under  this Act, by any governmental agency, by
13        any law enforcement agency, or by any court for  acts  or
14        conduct similar to acts or conduct which would constitute
15        grounds for action as defined in this Section.
16             (35)  Failure  to report to the Department surrender
17        of a license or authorization to practice  as  a  medical
18        doctor,  a  doctor of osteopathy, a doctor of osteopathic
19        medicine, or doctor of chiropractic in another  state  or
20        jurisdiction,  or  surrender of membership on any medical
21        staff or in any medical or  professional  association  or
22        society, while under disciplinary investigation by any of
23        those  authorities or bodies, for acts or conduct similar
24        to acts or conduct which  would  constitute  grounds  for
25        action as defined in this Section.
26             (36)  Failure   to  report  to  the  Department  any
27        adverse judgment, settlement, or  award  arising  from  a
28        liability  claim  related  to  acts or conduct similar to
29        acts or conduct which would constitute grounds for action
30        as defined in this Section.
31             (37)  Failure to transfer copies of medical  records
32        as required by law.
33             (38)  Failure   to   furnish   the  Department,  its
34        investigators or representatives,  relevant  information,
                            -16-           LRB9205361DJgcam09
 1        legally  requested  by  the Department after consultation
 2        with the Chief Medical Coordinator or the Deputy  Medical
 3        Coordinator.
 4             (39)  Violating the Health Care Worker Self-Referral
 5        Act.
 6             (40)  Willful  failure to provide notice when notice
 7        is required under the Parental Notice of Abortion Act  of
 8        2001.  Willful  failure  to provide notice when notice is
 9        required under the Parental Notice  of  Abortion  Act  of
10        1995.
11             (41)  Failure  to  establish and maintain records of
12        patient care and treatment as required by this law.
13             (42)  Entering into an excessive number  of  written
14        collaborative  agreements with licensed advanced practice
15        nurses  resulting   in   an   inability   to   adequately
16        collaborate and provide medical direction.
17             (43)  Repeated  failure  to  adequately  collaborate
18        with  or provide medical direction to a licensed advanced
19        practice nurse.
20        All proceedings to suspend, revoke, place on probationary
21    status,  or  take  any  other  disciplinary  action  as   the
22    Department  may  deem proper, with regard to a license on any
23    of the foregoing grounds, must be commenced  within  3  years
24    next  after receipt by the Department of a complaint alleging
25    the commission of or notice of the conviction order  for  any
26    of  the  acts  described  herein.   Except  for  the  grounds
27    numbered (8), (9) and (29), no action shall be commenced more
28    than 5 years after the date of the incident or act alleged to
29    have  violated  this Section.  In the event of the settlement
30    of any claim or cause of action in favor of the  claimant  or
31    the  reduction to final judgment of any civil action in favor
32    of the plaintiff, such claim, cause of action or civil action
33    being grounded on the allegation that a person licensed under
34    this Act was negligent  in  providing  care,  the  Department
                            -17-           LRB9205361DJgcam09
 1    shall  have an additional period of one year from the date of
 2    notification to the Department under Section 23 of  this  Act
 3    of  such settlement or final judgment in which to investigate
 4    and commence formal disciplinary proceedings under Section 36
 5    of this Act, except as otherwise provided by law.   The  time
 6    during  which the holder of the license was outside the State
 7    of Illinois shall not be included within any period  of  time
 8    limiting  the  commencement  of  disciplinary  action  by the
 9    Department.
10        The entry of an order or judgment by  any  circuit  court
11    establishing that any person holding a license under this Act
12    is  a  person  in  need  of  mental  treatment  operates as a
13    suspension of that license.  That  person  may  resume  their
14    practice  only  upon  the entry of a Departmental order based
15    upon a finding by the Medical Disciplinary  Board  that  they
16    have  been  determined to be recovered from mental illness by
17    the court and upon the  Disciplinary  Board's  recommendation
18    that they be permitted to resume their practice.
19        The  Department  may refuse to issue or take disciplinary
20    action concerning the license of any person who fails to file
21    a return, or to pay the tax, penalty or interest shown  in  a
22    filed  return, or to pay any final assessment of tax, penalty
23    or interest, as required by any tax Act administered  by  the
24    Illinois  Department  of  Revenue,  until  such  time  as the
25    requirements of any such tax Act are satisfied as  determined
26    by the Illinois Department of Revenue.
27        The   Department,   upon   the   recommendation   of  the
28    Disciplinary  Board,  shall  adopt  rules  which  set   forth
29    standards to be used in determining:
30             (a)  when  a  person  will  be  deemed  sufficiently
31        rehabilitated to warrant the public trust;
32             (b)  what  constitutes  dishonorable,  unethical  or
33        unprofessional  conduct of a character likely to deceive,
34        defraud, or harm the public;
                            -18-           LRB9205361DJgcam09
 1             (c)  what  constitutes  immoral   conduct   in   the
 2        commission  of  any  act,  including, but not limited to,
 3        commission of an act of sexual misconduct related to  the
 4        licensee's practice; and
 5             (d)  what   constitutes   gross  negligence  in  the
 6        practice of medicine.
 7        However, no such rule shall be admissible  into  evidence
 8    in any civil action except for review of a licensing or other
 9    disciplinary action under this Act.
10        In  enforcing  this  Section,  the  Medical  Disciplinary
11    Board, upon a showing of a possible violation, may compel any
12    individual  licensed  to  practice under this Act, or who has
13    applied for licensure or a permit pursuant to  this  Act,  to
14    submit  to  a  mental  or  physical  examination, or both, as
15    required by and  at  the  expense  of  the  Department.   The
16    examining physician or physicians shall be those specifically
17    designated   by   the   Disciplinary   Board.   The   Medical
18    Disciplinary  Board or the Department may order the examining
19    physician to present  testimony  concerning  this  mental  or
20    physical  examination  of  the  licensee  or  applicant.   No
21    information  shall be excluded by reason of any common law or
22    statutory privilege relating  to  communication  between  the
23    licensee  or  applicant  and  the  examining  physician.  The
24    individual  to  be  examined  may  have,  at  his  or her own
25    expense, another physician  of  his  or  her  choice  present
26    during  all  aspects  of  the  examination.    Failure of any
27    individual to submit to mental or physical examination,  when
28    directed,  shall  be  grounds  for  suspension  of his or her
29    license until such time as  the  individual  submits  to  the
30    examination if the Disciplinary Board finds, after notice and
31    hearing,  that  the  refusal to submit to the examination was
32    without reasonable cause.  If the Disciplinary Board finds  a
33    physician unable to practice because of the reasons set forth
34    in  this  Section,  the Disciplinary Board shall require such
                            -19-           LRB9205361DJgcam09
 1    physician to submit to  care,  counseling,  or  treatment  by
 2    physicians  approved or designated by the Disciplinary Board,
 3    as  a  condition  for  continued,  reinstated,   or   renewed
 4    licensure  to  practice.   Any  physician,  whose license was
 5    granted pursuant to Sections 9, 17, or 19 of  this  Act,  or,
 6    continued,  reinstated,  renewed,  disciplined or supervised,
 7    subject to such terms, conditions or restrictions  who  shall
 8    fail  to  comply with such terms, conditions or restrictions,
 9    or to complete a required program  of  care,  counseling,  or
10    treatment,  as determined by the Chief Medical Coordinator or
11    Deputy  Medical  Coordinators,  shall  be  referred  to   the
12    Director for a determination as to whether the licensee shall
13    have  their  license suspended immediately, pending a hearing
14    by  the  Disciplinary  Board.   In  instances  in  which  the
15    Director immediately suspends a license under this Section, a
16    hearing upon such person's license must be  convened  by  the
17    Disciplinary  Board  within 15 days after such suspension and
18    completed without appreciable delay.  The Disciplinary  Board
19    shall  have  the  authority to review the subject physician's
20    record of treatment and counseling regarding the  impairment,
21    to  the  extent  permitted by applicable federal statutes and
22    regulations  safeguarding  the  confidentiality  of   medical
23    records.
24        An  individual  licensed  under  this Act, affected under
25    this Section, shall be afforded an opportunity to demonstrate
26    to the Disciplinary Board that they can  resume  practice  in
27    compliance with acceptable and prevailing standards under the
28    provisions of their license.
29        The Department may promulgate rules for the imposition of
30    fines  in  disciplinary  cases, not to exceed $5,000 for each
31    violation of this Act.  Fines may be imposed  in  conjunction
32    with other forms of disciplinary action, but shall not be the
33    exclusive  disposition of any disciplinary action arising out
34    of conduct resulting in death or injury to  a  patient.   Any
                            -20-           LRB9205361DJgcam09
 1    funds  collected  from  such  fines shall be deposited in the
 2    Medical Disciplinary Fund.
 3        (B)  The Department shall revoke the license or  visiting
 4    permit  of  any  person  issued  under  this  Act to practice
 5    medicine or to treat human ailments without the use of  drugs
 6    and  without  operative  surgery,  who  has  been convicted a
 7    second time of  committing  any  felony  under  the  Illinois
 8    Controlled Substances Act, or who has been convicted a second
 9    time  of  committing a Class 1 felony under Sections 8A-3 and
10    8A-6 of the Illinois Public Aid Code.  A person whose license
11    or visiting permit is revoked  under  this  subsection  B  of
12    Section  22  of  this Act shall be prohibited from practicing
13    medicine or treating human ailments without the use of  drugs
14    and without operative surgery.
15        (C)  The  Medical  Disciplinary  Board shall recommend to
16    the Department civil  penalties  and  any  other  appropriate
17    discipline  in disciplinary cases when the Board finds that a
18    physician  willfully  performed  an  abortion   with   actual
19    knowledge  that  the  person  upon whom the abortion has been
20    performed is a minor or an incompetent person without  notice
21    as  required  under  the  Parental  Notice of Abortion Act of
22    2001.  Upon the Board's recommendation, the Department  shall
23    impose,  for  the  first violation, a civil penalty of $1,000
24    and for a second or subsequent violation, a civil penalty  of
25    $5,000. The Medical Disciplinary Board shall recommend to the
26    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 or an incompetent person without notice
31    as required under the Parental  Notice  of  Abortion  Act  of
32    1995.   Upon the Board's recommendation, the Department shall
33    impose, for the first violation, a civil  penalty  of  $1,000
34    and  for a second or subsequent violation, a civil penalty of
                            -21-           LRB9205361DJgcam09
 1    $5,000.
 2    (Source: P.A.  89-18,  eff.  6-1-95;  89-201,  eff.   1-1-96;
 3    89-626,  eff.  8-9-96;  89-702,  eff.  7-1-97;  90-742,  eff.
 4    8-13-98.)

 5        (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
 6        Sec.  23.    Reports relating to professional conduct and
 7    capacity.
 8        (A)  Entities required to report.
 9             (1)  Health   care    institutions.     The    chief
10        administrator  or  executive  officer  of any health care
11        institution licensed by the Illinois Department of Public
12        Health shall report to the Disciplinary  Board  when  any
13        person's   clinical  privileges  are  terminated  or  are
14        restricted based on a final determination, in  accordance
15        with that institution's by-laws or rules and regulations,
16        that  a  person has either committed an act or acts which
17        may  directly  threaten  patient  care,  and  not  of  an
18        administrative nature, or that a person may  be  mentally
19        or  physically  disabled  in such a manner as to endanger
20        patients under that person's  care.   Such  officer  also
21        shall report if a person accepts voluntary termination or
22        restriction  of  clinical  privileges  in  lieu of formal
23        action based upon conduct  related  directly  to  patient
24        care  and  not of an administrative nature, or in lieu of
25        formal action seeking to determine whether a  person  may
26        be mentally or physically disabled in such a manner as to
27        endanger  patients under that person's care.  The Medical
28        Disciplinary  Board  shall,  by  rule,  provide  for  the
29        reporting to it of  all  instances  in  which  a  person,
30        licensed  under  this  Act,  who is impaired by reason of
31        age,  drug  or  alcohol  abuse  or  physical  or   mental
32        impairment,  is under supervision and, where appropriate,
33        is in a program of rehabilitation.  Such reports shall be
                            -22-           LRB9205361DJgcam09
 1        strictly confidential and may be reviewed and  considered
 2        only  by  the  members  of  the Disciplinary Board, or by
 3        authorized staff as provided by rules of the Disciplinary
 4        Board.  Provisions shall be made for the periodic  report
 5        of  the  status  of  any  such person not less than twice
 6        annually in order that the Disciplinary Board shall  have
 7        current information upon which to determine the status of
 8        any  such  person.  Such initial  and periodic reports of
 9        impaired  physicians  shall  not  be  considered  records
10        within the meaning of The State Records Act and shall  be
11        disposed   of,   following   a   determination   by   the
12        Disciplinary  Board  that  such  reports  are  no  longer
13        required,   in   a   manner  and  at  such  time  as  the
14        Disciplinary Board shall determine by rule.   The  filing
15        of  such  reports  shall  be construed as the filing of a
16        report for purposes of subsection (C) of this Section.
17             (2)  Professional associations.   The  President  or
18        chief executive officer of any association or society, of
19        persons  licensed  under  this Act, operating within this
20        State shall report to the  Disciplinary  Board  when  the
21        association or society renders a final determination that
22        a  person  has  committed  unprofessional conduct related
23        directly to patient care or that a person may be mentally
24        or physically disabled in such a manner  as  to  endanger
25        patients under that person's care.
26             (3)  Professional    liability    insurers.    Every
27        insurance company which offers policies  of  professional
28        liability  insurance  to persons licensed under this Act,
29        or  any  other  entity  which  seeks  to  indemnify   the
30        professional  liability  of  a person licensed under this
31        Act,  shall  report  to  the   Disciplinary   Board   the
32        settlement  of  any  claim  or  cause of action, or final
33        judgment rendered in any cause of action,  which  alleged
34        negligence  in  the  furnishing  of  medical care by such
                            -23-           LRB9205361DJgcam09
 1        licensed person when such settlement or final judgment is
 2        in favor of the plaintiff.
 3             (4)  State's Attorneys.   The  State's  Attorney  of
 4        each  county  shall  report to the Disciplinary Board all
 5        instances in which a person licensed under  this  Act  is
 6        convicted  or otherwise found guilty of the commission of
 7        any felony. The  State's  Attorney  of  each  county  may
 8        report  to  the  Disciplinary  Board  through  a verified
 9        complaint any instance  in  which  the  State's  Attorney
10        believes  that  a  physician  has  willfully violated the
11        notice requirements of the Parental  Notice  of  Abortion
12        Act  of  2001.  The  State's  Attorney of each county may
13        report to  the  Disciplinary  Board  through  a  verified
14        complaint  any  instance  in  which  the State's Attorney
15        believes that a  physician  has  willfully  violated  the
16        notice  requirements  of  the Parental Notice of Abortion
17        Act of 1995.
18             (5)  State   agencies.    All   agencies,    boards,
19        commissions,  departments,  or other instrumentalities of
20        the government of the State of Illinois shall  report  to
21        the Disciplinary Board any instance arising in connection
22        with   the  operations  of  such  agency,  including  the
23        administration of any law by  such  agency,  in  which  a
24        person  licensed  under  this Act has either committed an
25        act or acts which may be a violation of this Act or which
26        may constitute unprofessional conduct related directly to
27        patient care or which indicates that  a  person  licensed
28        under  this Act may be mentally or physically disabled in
29        such a manner as to endanger patients under that person's
30        care.
31        (B)  Mandatory reporting.  All reports required by  items
32    (34),  (35),  and (36) of subsection (A) of Section 22 and by
33    Section 23 shall be submitted to the Disciplinary Board in  a
34    timely fashion.  The reports shall be filed in writing within
                            -24-           LRB9205361DJgcam09
 1    60 days after a determination that a report is required under
 2    this   Act.    All   reports   shall  contain  the  following
 3    information:
 4             (1)  The name, address and telephone number  of  the
 5        person making the report.
 6             (2)  The  name,  address and telephone number of the
 7        person who is the subject of the report.
 8             (3)  The name or other means  of  identification  of
 9        any  patient  or patients whose treatment is a subject of
10        the report, provided, however, no medical records may  be
11        revealed  without  the  written consent of the patient or
12        patients.
13             (4)  A brief description of  the  facts  which  gave
14        rise  to  the issuance of the report, including the dates
15        of any occurrences deemed to necessitate  the  filing  of
16        the report.
17             (5)  If  court  action  is involved, the identity of
18        the court in which the action is filed,  along  with  the
19        docket number and date of filing of the action.
20             (6)  Any  further  pertinent  information  which the
21        reporting party deems to be an aid in the  evaluation  of
22        the report.
23        The Department shall have the right to inform patients of
24    the  right  to  provide written consent for the Department to
25    obtain  copies  of  hospital   and   medical   records.   The
26    Disciplinary Board or Department may exercise the power under
27    Section  38  of  this  Act  to subpoena copies of hospital or
28    medical records in mandatory report cases alleging  death  or
29    permanent bodily injury when consent to obtain records is not
30    provided  by  a patient or legal representative.  Appropriate
31    rules shall be adopted by the Department with the approval of
32    the Disciplinary Board.
33        When  the  Department  has   received   written   reports
34    concerning  incidents  required to be reported in items (34),
                            -25-           LRB9205361DJgcam09
 1    (35),  and  (36)  of  subsection  (A)  of  Section  22,   the
 2    licensee's  failure  to report the incident to the Department
 3    under  those  items  shall  not  be  the  sole  grounds   for
 4    disciplinary action.
 5        Nothing  contained  in  this  Section shall act to in any
 6    way, waive or modify the confidentiality of  medical  reports
 7    and  committee  reports  to  the extent provided by law.  Any
 8    information reported or  disclosed  shall  be  kept  for  the
 9    confidential  use  of  the  Disciplinary  Board,  the Medical
10    Coordinators, the Disciplinary Board's attorneys, the medical
11    investigative  staff,  and  authorized  clerical  staff,   as
12    provided  in  this Act, and shall be afforded the same status
13    as is provided information concerning medical studies in Part
14    21 of Article VIII of the Code of Civil Procedure.
15        (C)  Immunity  from  prosecution.   Any   individual   or
16    organization  acting  in  good faith, and not in a wilful and
17    wanton manner, in complying with this Act  by  providing  any
18    report  or  other  information  to the Disciplinary Board, or
19    assisting  in  the  investigation  or  preparation  of   such
20    information,  or  by  participating  in  proceedings  of  the
21    Disciplinary  Board,  or  by  serving  as  a  member  of  the
22    Disciplinary  Board,  shall not, as a result of such actions,
23    be subject to criminal prosecution or civil damages.
24        (D)  Indemnification.  Members of the Disciplinary Board,
25    the Medical Coordinators, the Disciplinary Board's attorneys,
26    the medical investigative staff,  physicians  retained  under
27    contract to assist and advise the medical coordinators in the
28    investigation,   and   authorized  clerical  staff  shall  be
29    indemnified by the State for any actions occurring within the
30    scope of services on the Disciplinary  Board,  done  in  good
31    faith  and  not  wilful  and  wanton in nature.  The Attorney
32    General shall defend  all  such  actions  unless  he  or  she
33    determines  either that there would be a conflict of interest
34    in such representation or that the actions complained of were
                            -26-           LRB9205361DJgcam09
 1    not in good faith or were wilful and wanton.
 2        Should the Attorney General decline  representation,  the
 3    member  shall  have the right to employ counsel of his or her
 4    choice, whose fees shall be  provided  by  the  State,  after
 5    approval   by   the  Attorney  General,  unless  there  is  a
 6    determination by a court that the member's actions  were  not
 7    in good faith or were wilful and wanton.
 8        The member must notify the Attorney General within 7 days
 9    of  receipt  of  notice  of  the  initiation  of  any  action
10    involving  services of the Disciplinary Board.  Failure to so
11    notify the Attorney  General  shall  constitute  an  absolute
12    waiver of the right to a defense and indemnification.
13        The  Attorney General shall determine within 7 days after
14    receiving such notice, whether he or she  will  undertake  to
15    represent the member.
16        (E)  Deliberations   of  Disciplinary  Board.   Upon  the
17    receipt of any report called for  by  this  Act,  other  than
18    those  reports  of  impaired  persons licensed under this Act
19    required pursuant to the rules of the Disciplinary Board, the
20    Disciplinary Board shall  notify  in  writing,  by  certified
21    mail,  the  person  who  is  the subject of the report.  Such
22    notification shall be made within 30 days of receipt  by  the
23    Disciplinary Board of the report.
24        The  notification  shall include a written notice setting
25    forth the person's right to examine the report.  Included  in
26    such  notification  shall be the address at which the file is
27    maintained, the name of the custodian of the reports, and the
28    telephone number at which the custodian may be  reached.  The
29    person  who  is  the  subject  of  the  report shall submit a
30    written  statement  responding,  clarifying,  adding  to,  or
31    proposing the amending of the report previously  filed.   The
32    statement  shall become a permanent part of the file and must
33    be received by the Disciplinary Board no more  than  60  days
34    after  the  date  on  which  the  person  was notified by the
                            -27-           LRB9205361DJgcam09
 1    Disciplinary Board of the existence of the original report.
 2        The Disciplinary Board shall review all reports  received
 3    by   it,   together   with  any  supporting  information  and
 4    responding  statements  submitted  by  persons  who  are  the
 5    subject of reports.  The review  by  the  Disciplinary  Board
 6    shall  be  in  a  timely  manner  but  in no event, shall the
 7    Disciplinary Board's initial review of the material contained
 8    in each disciplinary file be less than 61 days nor more  than
 9    180  days  after  the  receipt  of  the initial report by the
10    Disciplinary Board.
11        When the Disciplinary Board makes its initial  review  of
12    the  materials  contained  within its disciplinary files, the
13    Disciplinary Board shall, in writing, make a determination as
14    to whether there are  sufficient  facts  to  warrant  further
15    investigation  or action.  Failure to make such determination
16    within  the  time  provided  shall  be   deemed   to   be   a
17    determination  that there are not sufficient facts to warrant
18    further investigation or action.
19        Should the Disciplinary Board find  that  there  are  not
20    sufficient facts to warrant further investigation, or action,
21    the  report shall be accepted for filing and the matter shall
22    be deemed closed  and  so  reported  to  the  Director.   The
23    Director  shall  then  have  30  days  to  accept the Medical
24    Disciplinary   Board's   decision    or    request    further
25    investigation.   The  Director  shall  inform  the  Board  in
26    writing  of  the  decision  to request further investigation,
27    including  the  specific  reasons  for  the  decision.    The
28    individual  or entity filing the original report or complaint
29    and the person who is the subject of the report or  complaint
30    shall  be  notified  in  writing by the Director of any final
31    action on their report or complaint.
32        (F)  Summary  reports.   The  Disciplinary  Board   shall
33    prepare,  on  a  timely  basis, but in no event less than one
34    every other month, a summary report of  final  actions  taken
                            -28-           LRB9205361DJgcam09
 1    upon disciplinary files maintained by the Disciplinary Board.
 2    The  summary  reports shall be sent by the Disciplinary Board
 3    to every  health  care  facility  licensed  by  the  Illinois
 4    Department  of  Public Health, every professional association
 5    and society of persons licensed under this Act functioning on
 6    a  statewide  basis  in  this  State,  the  American  Medical
 7    Association,  the  American  Osteopathic   Association,   the
 8    American  Chiropractic  Association,  all  insurers providing
 9    professional liability insurance to  persons  licensed  under
10    this  Act  in  the State of Illinois, the Federation of State
11    Medical  Licensing  Boards,  and  the  Illinois   Pharmacists
12    Association.
13        (G)  Any  violation  of  this  Section shall be a Class A
14    misdemeanor.
15        (H)  If any such person violates the provisions  of  this
16    Section an action may be brought in the name of the People of
17    the  State  of  Illinois, through the Attorney General of the
18    State of Illinois, for an order enjoining such  violation  or
19    for  an  order  enforcing  compliance with this Section. Upon
20    filing of a verified petition in such court,  the  court  may
21    issue  a  temporary  restraining order without notice or bond
22    and may preliminarily or permanently enjoin  such  violation,
23    and  if it is established that such person has violated or is
24    violating the injunction, the court may punish  the  offender
25    for  contempt  of  court.   Proceedings  under this paragraph
26    shall be in addition to,  and  not  in  lieu  of,  all  other
27    remedies and penalties provided for by this Section.
28    (Source:  P.A.  89-18,  eff.  6-1-95;  89-702,  eff.  7-1-97;
29    90-699, eff. 1-1-99.)

30        (720 ILCS 515/Act rep.)
31        Section  95.   The Illinois Abortion Parental Consent Act
32    of 1977, which was repealed by Public  Act  89-18,  is  again
33    repealed.
                            -29-           LRB9205361DJgcam09
 1        (720 ILCS 520/Act rep.)
 2        Section 96.  The Parental Notice of Abortion Act of 1983,
 3    which was repealed by Public Act 89-18, is again repealed.

 4        (750 ILCS 70/Act rep.)
 5        Section  97.  The Parental Notice of Abortion Act of 1995
 6    is repealed.

 7        Section 99.  Effective Date.  This Act takes effect  upon
 8    becoming law.".

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