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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by adding
5Section 4.25a as follows:
 
6    (5 ILCS 80/4.25a new)
7    Sec. 4.25a. Act repealed on December 31, 2015. The
8following Act is repealed on December 31, 2015:
9    The Medical Practice Act of 1987.
 
10    (5 ILCS 80/4.24 rep.)
11    Section 10. The Regulatory Sunset Act is amended by
12repealing Section 4.24.
 
13    Section 15. The Medical Practice Act of 1987 is amended by
14changing Sections 2, 3, 7, 7.5, 9, 9.3, 9.5, 13, 17, 18, 19,
1521, 22, 24, 33, 36, 37, 38, 40, and 41 as follows:
 
16    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
17    (Section scheduled to be repealed on December 31, 2014)
18    Sec. 2. Definitions. For purposes of this Act, the
19following definitions shall have the following meanings,
20except where the context requires otherwise:

 

 

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1    "Act" means the Medical Practice Act of 1987.
2    "Address of record" means the designated address recorded
3by the Department in the applicant's or licensee's application
4file or license file as maintained by the Department's
5licensure maintenance unit. It is the duty of the applicant or
6licensee to inform the Department of any change of address and
7those changes must be made either through the Department's
8website or by contacting the Department.
9    "Chiropractic physician" means a person licensed to treat
10human ailments without the use of drugs and without operative
11surgery. Nothing in this Act shall be construed to prohibit a
12chiropractic physician from providing advice regarding the use
13of non-prescription products or from administering atmospheric
14oxygen. Nothing in this Act shall be construed to authorize a
15chiropractic physician to prescribe drugs.
16    "Department" means the Department of Financial and
17Professional Regulation.
18    "Disciplinary Action" means revocation, suspension,
19probation, supervision, practice modification, reprimand,
20required education, fines or any other action taken by the
21Department against a person holding a license.
22    "Disciplinary Board" means the Medical Disciplinary Board.
23    "Final Determination" means the governing body's final
24action taken under the procedure followed by a health care
25institution, or professional association or society, against
26any person licensed under the Act in accordance with the bylaws

 

 

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1or rules and regulations of such health care institution, or
2professional association or society.
3    "Fund" means the Medical Disciplinary Fund.
4    "Impaired" means the inability to practice medicine with
5reasonable skill and safety due to physical or mental
6disabilities as evidenced by a written determination or written
7consent based on clinical evidence including deterioration
8through the aging process or loss of motor skill, or abuse of
9drugs or alcohol, of sufficient degree to diminish a person's
10ability to deliver competent patient care.
11    "Licensing Board" means the Medical Licensing Board.
12    "Physician" means a person licensed under the Medical
13Practice Act to practice medicine in all of its branches or a
14chiropractic physician.
15    "Professional Association" means an association or society
16of persons licensed under this Act, and operating within the
17State of Illinois, including but not limited to, medical
18societies, osteopathic organizations, and chiropractic
19organizations, but this term shall not be deemed to include
20hospital medical staffs.
21    "Program of Care, Counseling, or Treatment" means a written
22schedule of organized treatment, care, counseling, activities,
23or education, satisfactory to the Disciplinary Board, designed
24for the purpose of restoring an impaired person to a condition
25whereby the impaired person can practice medicine with
26reasonable skill and safety of a sufficient degree to deliver

 

 

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1competent patient care.
2    "Reinstate" means to change the status of a license from
3inactive or nonrenewed status to active status.
4    "Restore" means to remove an encumbrance from a license due
5to probation, suspension, or revocation.
6    "Secretary" means the Secretary of the Department of
7Financial and Professional Regulation.
8(Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11.)
 
9    (225 ILCS 60/3)  (from Ch. 111, par. 4400-3)
10    (Section scheduled to be repealed on December 31, 2014)
11    Sec. 3. Licensure requirement. No person shall practice
12medicine, or any of its branches, or treat human ailments
13without the use of drugs and without operative surgery, without
14a valid, active existing license to do so, except that a
15physician who holds an active license in another state or a
16second year resident enrolled in a residency program accredited
17by the Liaison Committee on Graduate Medical Education or the
18Bureau of Professional Education of the American Osteopathic
19Association may provide medical services to patients in
20Illinois during a bonafide emergency in immediate preparation
21for or during interstate transit.
22(Source: P.A. 89-702, eff. 7-1-97.)
 
23    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)
24    (Section scheduled to be repealed on December 31, 2014)

 

 

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1    Sec. 7. Medical Disciplinary Board.
2    (A) There is hereby created the Illinois State Medical
3Disciplinary Board. The Disciplinary Board shall consist of 11
4members, to be appointed by the Governor by and with the advice
5and consent of the Senate. All members shall be residents of
6the State, not more than 6 of whom shall be members of the same
7political party. All members shall be voting members. Five
8members shall be physicians licensed to practice medicine in
9all of its branches in Illinois possessing the degree of doctor
10of medicine. One member shall be a physician licensed to
11practice medicine in all its branches in Illinois possessing
12the degree of doctor of osteopathy or osteopathic medicine. One
13member shall be a chiropractic physician licensed to practice
14in Illinois and possessing the degree of doctor of
15chiropractic. Four members shall be members of the public, who
16shall not be engaged in any way, directly or indirectly, as
17providers of health care.
18    (B) Members of the Disciplinary Board shall be appointed
19for terms of 4 years. Upon the expiration of the term of any
20member, their successor shall be appointed for a term of 4
21years by the Governor by and with the advice and consent of the
22Senate. The Governor shall fill any vacancy for the remainder
23of the unexpired term with the advice and consent of the
24Senate. Upon recommendation of the Board, any member of the
25Disciplinary Board may be removed by the Governor for
26misfeasance, malfeasance, or wilful neglect of duty, after

 

 

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1notice, and a public hearing, unless such notice and hearing
2shall be expressly waived in writing. Each member shall serve
3on the Disciplinary Board until their successor is appointed
4and qualified. No member of the Disciplinary Board shall serve
5more than 2 consecutive 4 year terms.
6    In making appointments the Governor shall attempt to insure
7that the various social and geographic regions of the State of
8Illinois are properly represented.
9    In making the designation of persons to act for the several
10professions represented on the Disciplinary Board, the
11Governor shall give due consideration to recommendations by
12members of the respective professions and by organizations
13therein.
14    (C) The Disciplinary Board shall annually elect one of its
15voting members as chairperson and one as vice chairperson. No
16officer shall be elected more than twice in succession to the
17same office. Each officer shall serve until their successor has
18been elected and qualified.
19    (D) (Blank).
20    (E) Six voting members of the Disciplinary Board, at least
214 of whom are physicians, shall constitute a quorum. A vacancy
22in the membership of the Disciplinary Board shall not impair
23the right of a quorum to exercise all the rights and perform
24all the duties of the Disciplinary Board. Any action taken by
25the Disciplinary Board under this Act may be authorized by
26resolution at any regular or special meeting and each such

 

 

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1resolution shall take effect immediately. The Disciplinary
2Board shall meet at least quarterly. The Disciplinary Board is
3empowered to adopt all rules and regulations necessary and
4incident to the powers granted to it under this Act.
5    (F) Each member, and member-officer, of the Disciplinary
6Board shall receive a per diem stipend as the Secretary shall
7determine. Each member shall be paid their necessary expenses
8while engaged in the performance of their duties.
9    (G) The Secretary shall select a Chief Medical Coordinator
10and not less than 2 Deputy Medical Coordinators who shall not
11be members of the Disciplinary Board. Each medical coordinator
12shall be a physician licensed to practice medicine in all of
13its branches, and the Secretary shall set their rates of
14compensation. The Secretary shall assign at least one medical
15coordinator to a region composed of Cook County and such other
16counties as the Secretary may deem appropriate, and such
17medical coordinator or coordinators shall locate their office
18in Chicago. The Secretary shall assign at least one medical
19coordinator to a region composed of the balance of counties in
20the State, and such medical coordinator or coordinators shall
21locate their office in Springfield. The Chief Medical
22Coordinator shall be the chief enforcement officer of this Act.
23None of the functions, powers, or duties of the Department with
24respect to policies regarding enforcement or discipline under
25this Act, including the adoption of such rules as may be
26necessary for the administration of this Act, shall be

 

 

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1exercised by the Department except upon review of the
2Disciplinary Board. Each medical coordinator shall be the chief
3enforcement officer of this Act in his or her assigned region
4and shall serve at the will of the Disciplinary Board.
5    The Secretary shall employ, in conformity with the
6Personnel Code, investigators who are college graduates with at
7least 2 years of investigative experience or one year of
8advanced medical education. Upon the written request of the
9Disciplinary Board, the Secretary shall employ, in conformity
10with the Personnel Code, such other professional, technical,
11investigative, and clerical help, either on a full or part-time
12basis as the Disciplinary Board deems necessary for the proper
13performance of its duties.
14    (H) Upon the specific request of the Disciplinary Board,
15signed by either the chairperson, vice chairperson, or a
16medical coordinator of the Disciplinary Board, the Department
17of Human Services, the Department of Healthcare and Family
18Services, or the Department of State Police, or any other law
19enforcement agency located in this State shall make available
20any and all information that they have in their possession
21regarding a particular case then under investigation by the
22Disciplinary Board.
23    (I) Members of the Disciplinary Board shall be immune from
24suit in any action based upon any disciplinary proceedings or
25other acts performed in good faith as members of the
26Disciplinary Board.

 

 

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1    (J) The Disciplinary Board may compile and establish a
2statewide roster of physicians and other medical
3professionals, including the several medical specialties, of
4such physicians and medical professionals, who have agreed to
5serve from time to time as advisors to the medical
6coordinators. Such advisors shall assist the medical
7coordinators or the Disciplinary Board in their investigations
8and participation in complaints against physicians. Such
9advisors shall serve under contract and shall be reimbursed at
10a reasonable rate for the services provided, plus reasonable
11expenses incurred. While serving in this capacity, the advisor,
12for any act undertaken in good faith and in the conduct of his
13or her duties under this Section, shall be immune from civil
14suit.
15(Source: P.A. 97-622, eff. 11-23-11.)
 
16    (225 ILCS 60/7.5)
17    (Section scheduled to be repealed on December 31, 2014)
18    Sec. 7.5. Complaint Committee.
19    (a) There shall be a Complaint Committee of the
20Disciplinary Board composed of at least one of the medical
21coordinators established by subsection (G) of Section 7 of this
22Act, the Chief of Medical Investigations (person employed by
23the Department who is in charge of investigating complaints
24against physicians and physician assistants), the Chief of
25Medical Prosecutions (the person employed by the Department who

 

 

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1is in charge of prosecuting formal complaints against
2physicians and physician assistants), and at least 3 voting
3members of the Disciplinary Board (at least 2 of whom shall be
4physicians) designated by the Chairperson of the Disciplinary
5Board with the approval of the Disciplinary Board. The
6Disciplinary Board members so appointed shall serve one-year
7terms and may be eligible for reappointment for subsequent
8terms.
9    (b) The Complaint Committee shall meet at least twice a
10month to exercise its functions and duties set forth in
11subsection (c) below. At least 2 members of the Disciplinary
12Board shall be in attendance in order for any business to be
13transacted by the Complaint Committee. The Complaint Committee
14shall make every effort to consider expeditiously and take
15prompt action on each item on its agenda.
16    (c) The Complaint Committee shall have the following duties
17and functions:
18        (1) To recommend to the Disciplinary Board that a
19    complaint file be closed.
20        (2) To refer a complaint file to the office of the
21    Chief of Medical Prosecutions (person employed by the
22    Department who is in charge of prosecuting formal
23    complaints against licensees) for review.
24        (3) To make a decision in conjunction with the Chief of
25    Medical Prosecutions regarding action to be taken on a
26    complaint file.

 

 

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1    (d) In determining what action to take or whether to
2proceed with prosecution of a complaint, the Complaint
3Committee shall consider, but not be limited to, the following
4factors: sufficiency of the evidence presented, prosecutorial
5merit under Section 22 of this Act, any recommendation made by
6the Department, and insufficient cooperation from complaining
7parties.
8(Source: P.A. 97-622, eff. 11-23-11.)
 
9    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
10    (Section scheduled to be repealed on December 31, 2014)
11    Sec. 9. Application for license. Each applicant for a
12license shall:
13        (A) Make application on blank forms prepared and
14    furnished by the Department.
15        (B) Submit evidence satisfactory to the Department
16    that the applicant:
17            (1) is of good moral character. In determining
18        moral character under this Section, the Department may
19        take into consideration whether the applicant has
20        engaged in conduct or activities which would
21        constitute grounds for discipline under this Act. The
22        Department may also request the applicant to submit,
23        and may consider as evidence of moral character,
24        endorsements from 2 or 3 individuals licensed under
25        this Act;

 

 

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1            (2) has the preliminary and professional education
2        required by this Act;
3            (3) (blank); and
4            (4) is physically, mentally, and professionally
5        capable of practicing medicine with reasonable
6        judgment, skill, and safety. In determining physical
7        and , mental and professional capacity under this
8        Section, the Licensing Board may, upon a showing of a
9        possible incapacity or conduct or activities that
10        would constitute grounds for discipline under this
11        Act, compel any applicant to submit to a mental or
12        physical examination and evaluation, or both, as
13        provided for in Section 22 of this Act. The Licensing
14        Board may condition or restrict any license, subject to
15        the same terms and conditions as are provided for the
16        Disciplinary Board under Section 22 of this Act. Any
17        such condition of a restricted license shall provide
18        that the Chief Medical Coordinator or Deputy Medical
19        Coordinator shall have the authority to review the
20        subject physician's compliance with such conditions or
21        restrictions, including, where appropriate, the
22        physician's record of treatment and counseling
23        regarding the impairment, to the extent permitted by
24        applicable federal statutes and regulations
25        safeguarding the confidentiality of medical records of
26        patients.

 

 

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1        In determining professional capacity under this
2    Section, an individual may be required to complete such
3    additional testing, training, or remedial education as the
4    Licensing Board may deem necessary in order to establish
5    the applicant's present capacity to practice medicine with
6    reasonable judgment, skill, and safety. The Licensing
7    Board may consider the following criteria, as they relate
8    to an applicant, as part of its determination of
9    professional capacity:
10            (1) Medical research in an established research
11        facility, hospital, college or university, or private
12        corporation.
13            (2) Specialized training or education.
14            (3) Publication of original work in learned,
15        medical, or scientific journals.
16            (4) Participation in federal, State, local, or
17        international public health programs or organizations.
18            (5) Professional service in a federal veterans or
19        military institution.
20            (6) Any other professional activities deemed to
21        maintain and enhance the clinical capabilities of the
22        applicant.
23        Any applicant applying for a license to practice
24    medicine in all of its branches or for a license as a
25    chiropractic physician who has not been engaged in the
26    active practice of medicine or has not been enrolled in a

 

 

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1    medical program for 2 years prior to application must
2    submit proof of professional capacity to the Licensing
3    Board.
4        Any applicant applying for a temporary license that has
5    not been engaged in the active practice of medicine or has
6    not been enrolled in a medical program for longer than 5
7    years prior to application must submit proof of
8    professional capacity to the Licensing Board.
9        (C) Designate specifically the name, location, and
10    kind of professional school, college, or institution of
11    which the applicant is a graduate and the category under
12    which the applicant seeks, and will undertake, to practice.
13        (D) Pay to the Department at the time of application
14    the required fees.
15        (E) Pursuant to Department rules, as required, pass an
16    examination authorized by the Department to determine the
17    applicant's fitness to receive a license.
18        (F) Complete the application process within 3 years
19    from the date of application. If the process has not been
20    completed within 3 years, the application shall expire,
21    application fees shall be forfeited, and the applicant must
22    reapply and meet the requirements in effect at the time of
23    reapplication.
24(Source: P.A. 97-622, eff. 11-23-11.)
 
25    (225 ILCS 60/9.3)

 

 

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1    (Section scheduled to be repealed on December 31, 2014)
2    Sec. 9.3. Withdrawal of application. Any applicant
3applying for a license or permit under this Act may withdraw
4his or her application at any time. If an applicant withdraws
5his or her application after receipt of a written Notice of
6Intent to Deny License or Permit, then the withdrawal shall be
7reported to the Federation of State Medical Boards and the
8National Practitioner Data Bank.
9(Source: P.A. 98-601, eff. 12-30-13.)
 
10    (225 ILCS 60/9.5)
11    (Section scheduled to be repealed on December 31, 2014)
12    Sec. 9.5. Social Security Number on license application. In
13addition to any other information required to be contained in
14the application, every application for an original license
15under this Act shall include the applicant's Social Security
16Number, which shall be retained in the agency's records
17pertaining to the license. As soon as practical, the Department
18shall assign a customer's identification number to each
19applicant for a license.
20    Every application for a renewal or reinstated restored
21license shall require the applicant's customer identification
22number.
23(Source: P.A. 97-400, eff. 1-1-12.)
 
24    (225 ILCS 60/13)  (from Ch. 111, par. 4400-13)

 

 

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1    (Section scheduled to be repealed on December 31, 2014)
2    Sec. 13. Medical students. Candidates for the degree of
3doctor of medicine, doctor of osteopathy, or doctor of
4osteopathic medicine enrolled in a medical or osteopathic
5college, accredited by the Liaison Committee on Medical
6Education or the Commission on Osteopathic College
7Accreditation Bureau of Professional Education of the American
8Osteopathic Association or its successor, may practice under
9the direct, on-premises supervision of a physician who is
10licensed to practice medicine in all its branches in Illinois
11and who is a member of the faculty of an accredited medical or
12osteopathic college.
13(Source: P.A. 89-702, eff. 7-1-97.)
 
14    (225 ILCS 60/17)  (from Ch. 111, par. 4400-17)
15    (Section scheduled to be repealed on December 31, 2014)
16    Sec. 17. Temporary license. Persons holding the degree of
17Doctor of Medicine, persons holding the degree of Doctor of
18Osteopathy or Doctor of Osteopathic Medicine, and persons
19holding the degree of Doctor of Chiropractic or persons who
20have satisfied the requirements therefor and are eligible to
21receive such degree from a medical, osteopathic, or
22chiropractic school, who wish to pursue programs of graduate or
23specialty training in this State, may receive without
24examination, in the discretion of the Department, a 3-year
25temporary license. In order to receive a 3-year temporary

 

 

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1license hereunder, an applicant shall submit evidence
2satisfactory to the Department that the applicant:
3        (A) Is of good moral character. In determining moral
4    character under this Section, the Department may take into
5    consideration whether the applicant has engaged in conduct
6    or activities which would constitute grounds for
7    discipline under this Act. The Department may also request
8    the applicant to submit, and may consider as evidence of
9    moral character, endorsements from 2 or 3 individuals
10    licensed under this Act;
11        (B) Has been accepted or appointed for specialty or
12    residency training by a hospital situated in this State or
13    a training program in hospitals or facilities maintained by
14    the State of Illinois or affiliated training facilities
15    which is approved by the Department for the purpose of such
16    training under this Act. The applicant shall indicate the
17    beginning and ending dates of the period for which the
18    applicant has been accepted or appointed;
19        (C) Has or will satisfy the professional education
20    requirements of Section 11 of this Act which are effective
21    at the date of application except for postgraduate clinical
22    training;
23        (D) Is physically, mentally, and professionally
24    capable of practicing medicine or treating human ailments
25    without the use of drugs and without operative surgery with
26    reasonable judgment, skill, and safety. In determining

 

 

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1    physical, mental and professional capacity under this
2    Section, the Licensing Board may, upon a showing of a
3    possible incapacity, compel an applicant to submit to a
4    mental or physical examination and evaluation, or both, and
5    may condition or restrict any temporary license, subject to
6    the same terms and conditions as are provided for the
7    Disciplinary Board under Section 22 of this Act. Any such
8    condition of restricted temporary license shall provide
9    that the Chief Medical Coordinator or Deputy Medical
10    Coordinator shall have the authority to review the subject
11    physician's compliance with such conditions or
12    restrictions, including, where appropriate, the
13    physician's record of treatment and counseling regarding
14    the impairment, to the extent permitted by applicable
15    federal statutes and regulations safeguarding the
16    confidentiality of medical records of patients.
17    Three-year temporary licenses issued pursuant to this
18Section shall be valid only for the period of time designated
19therein, and may be extended or renewed pursuant to the rules
20of the Department, and if a temporary license is thereafter
21extended, it shall not extend beyond completion of the
22residency program. The holder of a valid 3-year temporary
23license shall be entitled thereby to perform only such acts as
24may be prescribed by and incidental to his or her program of
25residency training; he or she shall not be entitled to
26otherwise engage in the practice of medicine in this State

 

 

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1unless fully licensed in this State.
2    A 3-year temporary license may be revoked or suspended by
3the Department upon proof that the holder thereof has engaged
4in the practice of medicine in this State outside of the
5program of his or her residency or specialty training, or if
6the holder shall fail to supply the Department, within 10 days
7of its request, with information as to his or her current
8status and activities in his or her specialty training program.
9Such a revocation or suspension shall comply with the
10procedures set forth in subsection (d) of Section 37 of this
11Act.
12(Source: P.A. 97-622, eff. 11-23-11.)
 
13    (225 ILCS 60/18)  (from Ch. 111, par. 4400-18)
14    (Section scheduled to be repealed on December 31, 2014)
15    Sec. 18. Visiting professor, physician, or resident
16permits.
17    (A) Visiting professor permit.
18        (1) A visiting professor permit shall entitle a person
19    to practice medicine in all of its branches or to practice
20    the treatment of human ailments without the use of drugs
21    and without operative surgery provided:
22            (a) the person maintains an equivalent
23        authorization to practice medicine in all of its
24        branches or to practice the treatment of human ailments
25        without the use of drugs and without operative surgery

 

 

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1        in good standing in his or her native licensing
2        jurisdiction during the period of the visiting
3        professor permit;
4            (b) the person has received a faculty appointment
5        to teach in a medical, osteopathic or chiropractic
6        school in Illinois; and
7            (c) the Department may prescribe the information
8        necessary to establish an applicant's eligibility for
9        a permit. This information shall include without
10        limitation (i) a statement from the dean of the medical
11        school at which the applicant will be employed
12        describing the applicant's qualifications and (ii) a
13        statement from the dean of the medical school listing
14        every affiliated institution in which the applicant
15        will be providing instruction as part of the medical
16        school's education program and justifying any clinical
17        activities at each of the institutions listed by the
18        dean.
19        (2) Application for visiting professor permits shall
20    be made to the Department, in writing, on forms prescribed
21    by the Department and shall be accompanied by the required
22    fee established by rule, which shall not be refundable. Any
23    application shall require the information as, in the
24    judgment of the Department, will enable the Department to
25    pass on the qualifications of the applicant.
26        (3) A visiting professor permit shall be valid for no

 

 

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1    longer than 2 years from the date of issuance or until the
2    time the faculty appointment is terminated, whichever
3    occurs first, and may be renewed only in accordance with
4    subdivision (A)(6) of this Section.
5        (4) The applicant may be required to appear before the
6    Licensing Board for an interview prior to, and as a
7    requirement for, the issuance of the original permit and
8    the renewal.
9        (5) Persons holding a permit under this Section shall
10    only practice medicine in all of its branches or practice
11    the treatment of human ailments without the use of drugs
12    and without operative surgery in the State of Illinois in
13    their official capacity under their contract within the
14    medical school itself and any affiliated institution in
15    which the permit holder is providing instruction as part of
16    the medical school's educational program and for which the
17    medical school has assumed direct responsibility.
18        (6) After the initial renewal of a visiting professor
19    permit, a visiting professor permit shall be valid until
20    the last day of the next physician license renewal period,
21    as set by rule, and may only be renewed for applicants who
22    meet the following requirements:
23            (i) have obtained the required continuing
24        education hours as set by rule; and
25            (ii) have paid the fee prescribed for a license
26        under Section 21 of this Act.

 

 

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1    For initial renewal, the visiting professor must
2successfully pass a general competency examination authorized
3by the Department by rule, unless he or she was issued an
4initial visiting professor permit on or after January 1, 2007,
5but prior to July 1, 2007.
 
6    (B) Visiting physician permit.
7        (1) The Department may, in its discretion, issue a
8    temporary visiting physician permit, without examination,
9    provided:
10            (a) (blank);
11            (b) that the person maintains an equivalent
12        authorization to practice medicine in all of its
13        branches or to practice the treatment of human ailments
14        without the use of drugs and without operative surgery
15        in good standing in his or her native licensing
16        jurisdiction during the period of the temporary
17        visiting physician permit;
18            (c) that the person has received an invitation or
19        appointment to study, demonstrate, or perform a
20        specific medical, osteopathic, chiropractic or
21        clinical subject or technique in a medical,
22        osteopathic, or chiropractic school, a state or
23        national medical, osteopathic, or chiropractic
24        professional association or society conference or
25        meeting, a hospital licensed under the Hospital

 

 

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1        Licensing Act, a hospital organized under the
2        University of Illinois Hospital Act, or a facility
3        operated pursuant to the Ambulatory Surgical Treatment
4        Center Act; and
5            (d) that the temporary visiting physician permit
6        shall only permit the holder to practice medicine in
7        all of its branches or practice the treatment of human
8        ailments without the use of drugs and without operative
9        surgery within the scope of the medical, osteopathic,
10        chiropractic, or clinical studies, or in conjunction
11        with the state or national medical, osteopathic, or
12        chiropractic professional association or society
13        conference or meeting, for which the holder was invited
14        or appointed.
15        (2) The application for the temporary visiting
16    physician permit shall be made to the Department, in
17    writing, on forms prescribed by the Department, and shall
18    be accompanied by the required fee established by rule,
19    which shall not be refundable. The application shall
20    require information that, in the judgment of the
21    Department, will enable the Department to pass on the
22    qualification of the applicant, and the necessity for the
23    granting of a temporary visiting physician permit.
24        (3) A temporary visiting physician permit shall be
25    valid for no longer than (i) 180 days from the date of
26    issuance or (ii) until the time the medical, osteopathic,

 

 

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1    chiropractic, or clinical studies are completed, or the
2    state or national medical, osteopathic, or chiropractic
3    professional association or society conference or meeting
4    has concluded, whichever occurs first. The temporary
5    visiting physician permit may be issued multiple times to a
6    visiting physician under this paragraph (3) as long as the
7    total number of days it is active do not exceed 180 days
8    within a 365-day period.
9        (4) The applicant for a temporary visiting physician
10    permit may be required to appear before the Licensing Board
11    for an interview prior to, and as a requirement for, the
12    issuance of a temporary visiting physician permit.
13        (5) A limited temporary visiting physician permit
14    shall be issued to a physician licensed in another state
15    who has been requested to perform emergency procedures in
16    Illinois if he or she meets the requirements as established
17    by rule.
 
18    (C) Visiting resident permit.
19        (1) The Department may, in its discretion, issue a
20    temporary visiting resident permit, without examination,
21    provided:
22            (a) (blank);
23            (b) that the person maintains an equivalent
24        authorization to practice medicine in all of its
25        branches or to practice the treatment of human ailments

 

 

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1        without the use of drugs and without operative surgery
2        in good standing in his or her native licensing
3        jurisdiction during the period of the temporary
4        visiting resident permit;
5            (c) that the applicant is enrolled in a
6        postgraduate clinical training program outside the
7        State of Illinois that is approved by the Department;
8            (d) that the individual has been invited or
9        appointed for a specific period of time to perform a
10        portion of that post graduate clinical training
11        program under the supervision of an Illinois licensed
12        physician in an Illinois patient care clinic or
13        facility that is affiliated with the out-of-State post
14        graduate training program; and
15            (e) that the temporary visiting resident permit
16        shall only permit the holder to practice medicine in
17        all of its branches or practice the treatment of human
18        ailments without the use of drugs and without operative
19        surgery within the scope of the medical, osteopathic,
20        chiropractic or clinical studies for which the holder
21        was invited or appointed.
22        (2) The application for the temporary visiting
23    resident permit shall be made to the Department, in
24    writing, on forms prescribed by the Department, and shall
25    be accompanied by the required fee established by rule. The
26    application shall require information that, in the

 

 

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1    judgment of the Department, will enable the Department to
2    pass on the qualifications of the applicant.
3        (3) A temporary visiting resident permit shall be valid
4    for 180 days from the date of issuance or until the time
5    the medical, osteopathic, chiropractic, or clinical
6    studies are completed, whichever occurs first.
7        (4) The applicant for a temporary visiting resident
8    permit may be required to appear before the Licensing Board
9    for an interview prior to, and as a requirement for, the
10    issuance of a temporary visiting resident permit.
11(Source: P.A. 96-398, eff. 8-13-09; 97-622, eff. 11-23-11.)
 
12    (225 ILCS 60/19)  (from Ch. 111, par. 4400-19)
13    (Section scheduled to be repealed on December 31, 2014)
14    Sec. 19. Licensure by endorsement. The Department may, in
15its discretion, issue a license by endorsement to any person
16who is currently licensed to practice medicine in all of its
17branches, or a chiropractic physician, in any other state,
18territory, country or province, upon the following conditions
19and submitting evidence satisfactory to the Department of the
20following:
21        (A) (Blank);
22        (B) That the applicant is of good moral character. In
23    determining moral character under this Section, the
24    Department may take into consideration whether the
25    applicant has engaged in conduct or activities which would

 

 

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1    constitute grounds for discipline under this Act. The
2    Department may also request the applicant to submit, and
3    may consider as evidence of moral character, endorsements
4    from 2 or 3 individuals licensed under this Act;
5        (C) That the applicant is physically, mentally and
6    professionally capable of practicing medicine with
7    reasonable judgment, skill and safety. In determining
8    physical, mental and professional capacity under this
9    Section the Licensing Board may, upon a showing of a
10    possible incapacity, compel an applicant to submit to a
11    mental or physical examination and evaluation, or both, in
12    the same manner as provided in Section 22 and may condition
13    or restrict any license, subject to the same terms and
14    conditions as are provided for the Disciplinary Board under
15    Section 22 of this Act.
16        (D) That if the applicant seeks to practice medicine in
17    all of its branches:
18            (1) if the applicant was licensed in another
19        jurisdiction prior to January 1, 1988, that the
20        applicant has satisfied the educational requirements
21        of paragraph (1) of subsection (A) or paragraph (2) of
22        subsection (A) of Section 11 of this Act; or
23            (2) if the applicant was licensed in another
24        jurisdiction after December 31, 1987, that the
25        applicant has satisfied the educational requirements
26        of paragraph (A)(2) of Section 11 of this Act; and

 

 

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1            (3) the requirements for a license to practice
2        medicine in all of its branches in the particular
3        state, territory, country or province in which the
4        applicant is licensed are deemed by the Department to
5        have been substantially equivalent to the requirements
6        for a license to practice medicine in all of its
7        branches in force in this State at the date of the
8        applicant's license;
9        (E) That if the applicant seeks to treat human ailments
10    without the use of drugs and without operative surgery:
11            (1) the applicant is a graduate of a chiropractic
12        school or college approved by the Department at the
13        time of their graduation;
14            (2) the requirements for the applicant's license
15        to practice the treatment of human ailments without the
16        use of drugs are deemed by the Department to have been
17        substantially equivalent to the requirements for a
18        license to practice in this State at the date of the
19        applicant's license;
20        (F) That the Department may, in its discretion, issue a
21    license by endorsement to any graduate of a medical or
22    osteopathic college, reputable and in good standing in the
23    judgment of the Department, who has passed an examination
24    for admission to the United States Public Health Service,
25    or who has passed any other examination deemed by the
26    Department to have been at least equal in all substantial

 

 

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1    respects to the examination required for admission to any
2    such medical corps;
3        (G) That applications for licenses by endorsement
4    shall be filed with the Department, under oath, on forms
5    prepared and furnished by the Department, and shall set
6    forth, and applicants therefor shall supply such
7    information respecting the life, education, professional
8    practice, and moral character of applicants as the
9    Department may require to be filed for its use;
10        (H) That the applicant undergo the criminal background
11    check established under Section 9.7 of this Act.
12    In the exercise of its discretion under this Section, the
13Department is empowered to consider and evaluate each applicant
14on an individual basis. It may take into account, among other
15things: the extent to which the applicant will bring unique
16experience and skills to the State of Illinois or , the extent
17to which there is or is not available to the Department,
18authentic and definitive information concerning the quality of
19medical education and clinical training which the applicant has
20had. Under no circumstances shall a license be issued under the
21provisions of this Section to any person who has previously
22taken and failed the written examination conducted by the
23Department for such license. In the exercise of its discretion
24under this Section, the Department may require an applicant to
25successfully complete an examination as recommended by the
26Licensing Board. The Department may also request the applicant

 

 

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1to submit, and may consider as evidence of moral character,
2evidence from 2 or 3 individuals licensed under this Act.
3Applicants have 3 years from the date of application to
4complete the application process. If the process has not been
5completed within 3 years, the application shall be denied, the
6fees shall be forfeited, and the applicant must reapply and
7meet the requirements in effect at the time of reapplication.
8(Source: P.A. 97-622, eff. 11-23-11.)
 
9    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
10    (Section scheduled to be repealed on December 31, 2014)
11    Sec. 21. License renewal; reinstatement restoration;
12inactive status; disposition and collection of fees.
13    (A) Renewal. The expiration date and renewal period for
14each license issued under this Act shall be set by rule. The
15holder of a license may renew the license by paying the
16required fee. The holder of a license may also renew the
17license within 90 days after its expiration by complying with
18the requirements for renewal and payment of an additional fee.
19A license renewal within 90 days after expiration shall be
20effective retroactively to the expiration date.
21    The Department shall mail to each licensee under this Act,
22at his or her address of record, at least 60 days in advance of
23the expiration date of his or her license, a renewal notice. No
24such license shall be deemed to have lapsed until 90 days after
25the expiration date and after such notice has been mailed by

 

 

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1the Department as herein provided.
2    (B) Reinstatement. Restoration. Any licensee who has
3permitted his or her license to lapse or who has had his or her
4license on inactive status may have his or her license
5reinstated restored by making application to the Department and
6filing proof acceptable to the Department of his or her fitness
7to have the license reinstated restored, including evidence
8certifying to active practice in another jurisdiction
9satisfactory to the Department, proof of meeting the continuing
10education requirements for one renewal period, and by paying
11the required reinstatement restoration fee.
12    If the licensee has not maintained an active practice in
13another jurisdiction satisfactory to the Department, the
14Licensing Board shall determine, by an evaluation program
15established by rule, the applicant's fitness to resume active
16status and may require the licensee to complete a period of
17evaluated clinical experience and may require successful
18completion of a practical examination specified by the
19Licensing Board.
20    However, any registrant whose license has expired while he
21or she has been engaged (a) in Federal Service on active duty
22with the Army of the United States, the United States Navy, the
23Marine Corps, the Air Force, the Coast Guard, the Public Health
24Service or the State Militia called into the service or
25training of the United States of America, or (b) in training or
26education under the supervision of the United States

 

 

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1preliminary to induction into the military service, may have
2his or her license reinstated or restored without paying any
3lapsed renewal fees, if within 2 years after honorable
4termination of such service, training, or education, he or she
5furnishes to the Department with satisfactory evidence to the
6effect that he or she has been so engaged and that his or her
7service, training, or education has been so terminated.
8    (C) Inactive licenses. Any licensee who notifies the
9Department, in writing on forms prescribed by the Department,
10may elect to place his or her license on an inactive status and
11shall, subject to rules of the Department, be excused from
12payment of renewal fees until he or she notifies the Department
13in writing of his or her desire to resume active status.
14    Any licensee requesting reinstatement restoration from
15inactive status shall be required to pay the current renewal
16fee, provide proof of meeting the continuing education
17requirements for the period of time the license is inactive not
18to exceed one renewal period, and shall be required to
19reinstate restore his or her license as provided in subsection
20(B).
21    Any licensee whose license is in an inactive status shall
22not practice in the State of Illinois.
23    (D) Disposition of monies collected. All monies collected
24under this Act by the Department shall be deposited in the
25Illinois State Medical Disciplinary Fund in the State Treasury,
26and used only for the following purposes: (a) by the

 

 

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1Disciplinary Board and Licensing Board in the exercise of its
2powers and performance of its duties, as such use is made by
3the Department with full consideration of all recommendations
4of the Disciplinary Board and Licensing Board, (b) for costs
5directly related to persons licensed under this Act, and (c)
6for direct and allocable indirect costs related to the public
7purposes of the Department.
8    Moneys in the Fund may be transferred to the Professions
9Indirect Cost Fund as authorized under Section 2105-300 of the
10Department of Professional Regulation Law (20 ILCS
112105/2105-300).
12    The State Comptroller shall order and the State Treasurer
13shall transfer an amount equal to $1,100,000 from the Illinois
14State Medical Disciplinary Fund to the Local Government Tax
15Fund on each of the following dates: July 1, 2014, October 1,
162014, January 1, 2015, July 1, 2017, October 1, 2017, and
17January 1, 2018. These transfers shall constitute repayment of
18the $6,600,000 transfer made under Section 6z-18 of the State
19Finance Act.
20    All earnings received from investment of monies in the
21Illinois State Medical Disciplinary Fund shall be deposited in
22the Illinois State Medical Disciplinary Fund and shall be used
23for the same purposes as fees deposited in such Fund.
24    (E) Fees. The following fees are nonrefundable.
25        (1) Applicants for any examination shall be required to
26    pay, either to the Department or to the designated testing

 

 

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1    service, a fee covering the cost of determining the
2    applicant's eligibility and providing the examination.
3    Failure to appear for the examination on the scheduled
4    date, at the time and place specified, after the
5    applicant's application for examination has been received
6    and acknowledged by the Department or the designated
7    testing service, shall result in the forfeiture of the
8    examination fee.
9        (2) Before July 1, 2018, the fee for a license under
10    Section 9 of this Act is $700. Beginning on July 1, 2018,
11    the fee for a license under Section 9 of this Act is $500.
12        (3) Before July 1, 2018, the fee for a license under
13    Section 19 of this Act is $700. Beginning on July 1, 2018,
14    the fee for a license under Section 19 of this Act is $500.
15        (4) Before July 1, 2018, the fee for the renewal of a
16    license for a resident of Illinois shall be calculated at
17    the rate of $230 per year, and beginning on July 1, 2018,
18    the fee for the renewal of a license shall be $167, except
19    for licensees who were issued a license within 12 months of
20    the expiration date of the license, before July 1, 2018,
21    the fee for the renewal shall be $230, and beginning on
22    July 1, 2018 that fee will be $167. Before July 1, 2018,
23    the fee for the renewal of a license for a nonresident
24    shall be calculated at the rate of $460 per year, and
25    beginning on July 1, 2018, the fee for the renewal of a
26    license for a nonresident shall be $250, except for

 

 

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1    licensees who were issued a license within 12 months of the
2    expiration date of the license, before July 1, 2018, the
3    fee for the renewal shall be $460, and beginning on July 1,
4    2018 that fee will be $250.
5        (5) The fee for the reinstatement restoration of a
6    license other than from inactive status, is $230. In
7    addition, payment of all lapsed renewal fees not to exceed
8    $1,400 is required.
9        (6) The fee for a 3-year temporary license under
10    Section 17 is $230.
11        (7) The fee for the issuance of a duplicate license,
12    for the issuance of a replacement license for a license
13    which has been lost or destroyed, or for the issuance of a
14    license with a change of name or address other than during
15    the renewal period is $20. No fee is required for name and
16    address changes on Department records when no duplicate
17    license is issued.
18        (8) The fee to be paid for a license record for any
19    purpose is $20.
20        (9) The fee to be paid to have the scoring of an
21    examination, administered by the Department, reviewed and
22    verified, is $20 plus any fees charged by the applicable
23    testing service.
24        (10) The fee to be paid by a licensee for a wall
25    certificate showing his or her license shall be the actual
26    cost of producing the certificate as determined by the

 

 

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1    Department.
2        (11) The fee for a roster of persons licensed as
3    physicians in this State shall be the actual cost of
4    producing such a roster as determined by the Department.
5    (F) Any person who delivers a check or other payment to the
6Department that is returned to the Department unpaid by the
7financial institution upon which it is drawn shall pay to the
8Department, in addition to the amount already owed to the
9Department, a fine of $50. The fines imposed by this Section
10are in addition to any other discipline provided under this Act
11for unlicensed practice or practice on a nonrenewed license.
12The Department shall notify the person that payment of fees and
13fines shall be paid to the Department by certified check or
14money order within 30 calendar days of the notification. If,
15after the expiration of 30 days from the date of the
16notification, the person has failed to submit the necessary
17remittance, the Department shall automatically terminate the
18license or permit certificate or deny the application, without
19hearing. If, after termination or denial, the person seeks a
20license or permit certificate, he or she shall apply to the
21Department for reinstatement restoration or issuance of the
22license or permit certificate and pay all fees and fines due to
23the Department. The Department may establish a fee for the
24processing of an application for reinstatement restoration of a
25license or permit certificate to pay all expenses of processing
26this application. The Secretary may waive the fines due under

 

 

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1this Section in individual cases where the Secretary finds that
2the fines would be unreasonable or unnecessarily burdensome.
3(Source: P.A. 97-622, eff. 11-23-11; 98-3, eff. 3-8-13.)
 
4    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
5    (Section scheduled to be repealed on December 31, 2014)
6    Sec. 22. Disciplinary action.
7    (A) The Department may revoke, suspend, place on probation,
8reprimand, refuse to issue or renew, or take any other
9disciplinary or non-disciplinary action as the Department may
10deem proper with regard to the license or permit of any person
11issued under this Act to practice medicine, or a chiropractic
12physician, including imposing fines not to exceed $10,000 for
13each violation, upon any of the following grounds:
14        (1) Performance of an elective abortion in any place,
15    locale, facility, or institution other than:
16            (a) a facility licensed pursuant to the Ambulatory
17        Surgical Treatment Center Act;
18            (b) an institution licensed under the Hospital
19        Licensing Act;
20            (c) an ambulatory surgical treatment center or
21        hospitalization or care facility maintained by the
22        State or any agency thereof, where such department or
23        agency has authority under law to establish and enforce
24        standards for the ambulatory surgical treatment
25        centers, hospitalization, or care facilities under its

 

 

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1        management and control;
2            (d) ambulatory surgical treatment centers,
3        hospitalization or care facilities maintained by the
4        Federal Government; or
5            (e) ambulatory surgical treatment centers,
6        hospitalization or care facilities maintained by any
7        university or college established under the laws of
8        this State and supported principally by public funds
9        raised by taxation.
10        (2) Performance of an abortion procedure in a wilful
11    and wanton manner on a woman who was not pregnant at the
12    time the abortion procedure was performed.
13        (3) A plea of guilty or nolo contendere, finding of
14    guilt, jury verdict, or entry of judgment or sentencing,
15    including, but not limited to, convictions, preceding
16    sentences of supervision, conditional discharge, or first
17    offender probation, under the laws of any jurisdiction of
18    the United States of any crime that is a felony.
19        (4) Gross negligence in practice under this Act.
20        (5) Engaging in dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud or harm the public.
23        (6) Obtaining any fee by fraud, deceit, or
24    misrepresentation.
25        (7) Habitual or excessive use or abuse of drugs defined
26    in law as controlled substances, of alcohol, or of any

 

 

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1    other substances which results in the inability to practice
2    with reasonable judgment, skill or safety.
3        (8) Practicing under a false or, except as provided by
4    law, an assumed name.
5        (9) Fraud or misrepresentation in applying for, or
6    procuring, a license under this Act or in connection with
7    applying for renewal of a license under this Act.
8        (10) Making a false or misleading statement regarding
9    their skill or the efficacy or value of the medicine,
10    treatment, or remedy prescribed by them at their direction
11    in the treatment of any disease or other condition of the
12    body or mind.
13        (11) Allowing another person or organization to use
14    their license, procured under this Act, to practice.
15        (12) Adverse Disciplinary action taken by of another
16    state or jurisdiction against a license or other
17    authorization to practice as a medical doctor, doctor of
18    osteopathy, doctor of osteopathic medicine or doctor of
19    chiropractic, a certified copy of the record of the action
20    taken by the other state or jurisdiction being prima facie
21    evidence thereof. This includes any adverse action taken by
22    a State or federal agency that prohibits a medical doctor,
23    doctor of osteopathy, doctor of osteopathic medicine, or
24    doctor of chiropractic from providing services to the
25    agency's participants.
26        (13) Violation of any provision of this Act or of the

 

 

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1    Medical Practice Act prior to the repeal of that Act, or
2    violation of the rules, or a final administrative action of
3    the Secretary, after consideration of the recommendation
4    of the Disciplinary Board.
5        (14) Violation of the prohibition against fee
6    splitting in Section 22.2 of this Act.
7        (15) A finding by the Disciplinary Board that the
8    registrant after having his or her license placed on
9    probationary status or subjected to conditions or
10    restrictions violated the terms of the probation or failed
11    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 treat
23    disease by a secret method, procedure, treatment or
24    medicine, or the treating, operating or prescribing for any
25    human condition by a method, means or procedure which the
26    licensee refuses to divulge upon demand of the Department.

 

 

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1        (20) Immoral conduct in the commission of any act
2    including, but not limited to, commission of an act of
3    sexual misconduct related to the licensee's practice.
4        (21) Wilfully making or filing false records or reports
5    in his or her practice as a physician, including, but not
6    limited to, false records to support claims against the
7    medical assistance program of the Department of Healthcare
8    and Family Services (formerly Department of Public Aid)
9    under the Illinois Public Aid Code.
10        (22) Wilful omission to file or record, or wilfully
11    impeding the filing or recording, or inducing another
12    person to omit to file or record, medical reports as
13    required by law, or wilfully failing to report an instance
14    of suspected abuse or neglect as required by law.
15        (23) Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    under the Abused and Neglected Child Reporting Act, and
18    upon proof by clear and convincing evidence that the
19    licensee has caused a child to be an abused child or
20    neglected child as defined in the Abused and Neglected
21    Child Reporting Act.
22        (24) Solicitation of professional patronage by any
23    corporation, agents or persons, or profiting from those
24    representing themselves to be agents of the licensee.
25        (25) Gross and wilful and continued overcharging for
26    professional services, including filing false statements

 

 

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1    for collection of fees for which services are not rendered,
2    including, but not limited to, filing such false statements
3    for collection of monies for services not rendered from the
4    medical assistance program of the Department of Healthcare
5    and Family Services (formerly Department of Public Aid)
6    under the Illinois Public Aid Code.
7        (26) A pattern of practice or other behavior which
8    demonstrates incapacity or incompetence to practice under
9    this Act.
10        (27) Mental illness or disability which results in the
11    inability to practice under this Act with reasonable
12    judgment, skill or safety.
13        (28) Physical illness, including, but not limited to,
14    deterioration through the aging process, or loss of motor
15    skill which results in a physician's inability to practice
16    under this Act with reasonable judgment, skill or safety.
17        (29) Cheating on or attempt to subvert the licensing
18    examinations administered under this Act.
19        (30) Wilfully or negligently violating the
20    confidentiality between physician and patient except as
21    required by law.
22        (31) The use of any false, fraudulent, or deceptive
23    statement in any document connected with practice under
24    this Act.
25        (32) Aiding and abetting an individual not licensed
26    under this Act in the practice of a profession licensed

 

 

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1    under this Act.
2        (33) Violating state or federal laws or regulations
3    relating to controlled substances, legend drugs, or
4    ephedra as defined in the Ephedra Prohibition Act.
5        (34) Failure to report to the Department any adverse
6    final action taken against them by another licensing
7    jurisdiction (any other state or any territory of the
8    United States or any foreign state or country), by any peer
9    review body, by any health care institution, by any
10    professional society or association related to practice
11    under this Act, by any governmental agency, by any law
12    enforcement agency, or by any court for acts or conduct
13    similar to acts or conduct which would constitute grounds
14    for action as defined in this Section.
15        (35) Failure to report to the Department surrender of a
16    license or authorization to practice as a medical doctor, a
17    doctor of osteopathy, a doctor of osteopathic medicine, or
18    doctor of chiropractic in another state or jurisdiction, or
19    surrender of membership on any medical staff or in any
20    medical or professional association or society, while
21    under disciplinary investigation by any of those
22    authorities or bodies, for acts or conduct similar to acts
23    or conduct which would constitute grounds for action as
24    defined in this Section.
25        (36) Failure to report to the Department any adverse
26    judgment, settlement, or award arising from a liability

 

 

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1    claim related to acts or conduct similar to acts or conduct
2    which would constitute grounds for action as defined in
3    this Section.
4        (37) Failure to provide copies of medical records as
5    required by law.
6        (38) Failure to furnish the Department, its
7    investigators or representatives, relevant information,
8    legally requested by the Department after consultation
9    with the Chief Medical Coordinator or the Deputy Medical
10    Coordinator.
11        (39) Violating the Health Care Worker Self-Referral
12    Act.
13        (40) Willful failure to provide notice when notice is
14    required under the Parental Notice of Abortion Act of 1995.
15        (41) Failure to establish and maintain records of
16    patient care and treatment as required by this law.
17        (42) Entering into an excessive number of written
18    collaborative agreements with licensed advanced practice
19    nurses resulting in an inability to adequately
20    collaborate.
21        (43) Repeated failure to adequately collaborate with a
22    licensed advanced practice nurse.
23        (44) Violating the Compassionate Use of Medical
24    Cannabis Pilot Program Act.
25        (45) Entering into an excessive number of written
26    collaborative agreements with licensed prescribing

 

 

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1    psychologists resulting in an inability to adequately
2    collaborate.
3        (46) Repeated failure to adequately collaborate with a
4    licensed prescribing psychologist.
5    Except for actions involving the ground numbered (26), all
6proceedings to suspend, revoke, place on probationary status,
7or take any other disciplinary action as the Department may
8deem proper, with regard to a license on any of the foregoing
9grounds, must be commenced within 5 years next after receipt by
10the Department of a complaint alleging the commission of or
11notice of the conviction order for any of the acts described
12herein. Except for the grounds numbered (8), (9), (26), and
13(29), no action shall be commenced more than 10 years after the
14date of the incident or act alleged to have violated this
15Section. For actions involving the ground numbered (26), a
16pattern of practice or other behavior includes all incidents
17alleged to be part of the pattern of practice or other behavior
18that occurred, or a report pursuant to Section 23 of this Act
19received, within the 10-year period preceding the filing of the
20complaint. In the event of the settlement of any claim or cause
21of action in favor of the claimant or the reduction to final
22judgment of any civil action in favor of the plaintiff, such
23claim, cause of action or civil action being grounded on the
24allegation that a person licensed under this Act was negligent
25in providing care, the Department shall have an additional
26period of 2 years from the date of notification to the

 

 

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1Department under Section 23 of this Act of such settlement or
2final judgment in which to investigate and commence formal
3disciplinary proceedings under Section 36 of this Act, except
4as otherwise provided by law. The time during which the holder
5of the license was outside the State of Illinois shall not be
6included within any period of time limiting the commencement of
7disciplinary action by the Department.
8    The entry of an order or judgment by any circuit court
9establishing that any person holding a license under this Act
10is a person in need of mental treatment operates as a
11suspension of that license. That person may resume their
12practice only upon the entry of a Departmental order based upon
13a finding by the Disciplinary Board that they have been
14determined to be recovered from mental illness by the court and
15upon the Disciplinary Board's recommendation that they be
16permitted to resume their practice.
17    The Department may refuse to issue or take disciplinary
18action concerning the license of any person who fails to file a
19return, or to pay the tax, penalty or interest shown in a filed
20return, or to pay any final assessment of tax, penalty or
21interest, as required by any tax Act administered by the
22Illinois Department of Revenue, until such time as the
23requirements of any such tax Act are satisfied as determined by
24the Illinois Department of Revenue.
25    The Department, upon the recommendation of the
26Disciplinary Board, shall adopt rules which set forth standards

 

 

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1to be used in determining:
2        (a) when a person will be deemed sufficiently
3    rehabilitated to warrant the public trust;
4        (b) what constitutes dishonorable, unethical or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public;
7        (c) what constitutes immoral conduct in the commission
8    of any act, including, but not limited to, commission of an
9    act of sexual misconduct related to the licensee's
10    practice; and
11        (d) what constitutes gross negligence in the practice
12    of medicine.
13    However, no such rule shall be admissible into evidence in
14any civil action except for review of a licensing or other
15disciplinary action under this Act.
16    In enforcing this Section, the Disciplinary Board or the
17Licensing Board, upon a showing of a possible violation, may
18compel, in the case of the Disciplinary Board, any individual
19who is licensed to practice under this Act or holds a permit to
20practice under this Act, or, in the case of the Licensing
21Board, any individual who has applied for licensure or a permit
22pursuant to this Act, to submit to a mental or physical
23examination and evaluation, or both, which may include a
24substance abuse or sexual offender evaluation, as required by
25the Licensing Board or Disciplinary Board and at the expense of
26the Department. The Disciplinary Board or Licensing Board shall

 

 

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1specifically designate the examining physician licensed to
2practice medicine in all of its branches or, if applicable, the
3multidisciplinary team involved in providing the mental or
4physical examination and evaluation, or both. The
5multidisciplinary team shall be led by a physician licensed to
6practice medicine in all of its branches and may consist of one
7or more or a combination of physicians licensed to practice
8medicine in all of its branches, licensed chiropractic
9physicians, licensed clinical psychologists, licensed clinical
10social workers, licensed clinical professional counselors, and
11other professional and administrative staff. Any examining
12physician or member of the multidisciplinary team may require
13any person ordered to submit to an examination and evaluation
14pursuant to this Section to submit to any additional
15supplemental testing deemed necessary to complete any
16examination or evaluation process, including, but not limited
17to, blood testing, urinalysis, psychological testing, or
18neuropsychological testing. The Disciplinary Board, the
19Licensing Board, or the Department may order the examining
20physician or any member of the multidisciplinary team to
21provide to the Department, the Disciplinary Board, or the
22Licensing Board any and all records, including business
23records, that relate to the examination and evaluation,
24including any supplemental testing performed. The Disciplinary
25Board, the Licensing Board, or the Department may order the
26examining physician or any member of the multidisciplinary team

 

 

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1to present testimony concerning this examination and
2evaluation of the licensee, permit holder, or applicant,
3including testimony concerning any supplemental testing or
4documents relating to the examination and evaluation. No
5information, report, record, or other documents in any way
6related to the examination and evaluation shall be excluded by
7reason of any common law or statutory privilege relating to
8communication between the licensee, permit holder, or
9applicant and the examining physician or any member of the
10multidisciplinary team. No authorization is necessary from the
11licensee, permit holder, or applicant ordered to undergo an
12evaluation and examination for the examining physician or any
13member of the multidisciplinary team to provide information,
14reports, records, or other documents or to provide any
15testimony regarding the examination and evaluation. The
16individual to be examined may have, at his or her own expense,
17another physician of his or her choice present during all
18aspects of the examination. Failure of any individual to submit
19to mental or physical examination and evaluation, or both, when
20directed, shall result in an automatic suspension, without
21hearing, until such time as the individual submits to the
22examination. If the Disciplinary Board or Licensing Board finds
23a physician unable to practice following an examination and
24evaluation because of the reasons set forth in this Section,
25the Disciplinary Board or Licensing Board shall require such
26physician to submit to care, counseling, or treatment by

 

 

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1physicians, or other health care professionals, approved or
2designated by the Disciplinary Board, as a condition for
3issued, continued, reinstated, or renewed licensure to
4practice. Any physician, whose license was granted pursuant to
5Sections 9, 17, or 19 of this Act, or, continued, reinstated,
6renewed, disciplined or supervised, subject to such terms,
7conditions or restrictions who shall fail to comply with such
8terms, conditions or restrictions, or to complete a required
9program of care, counseling, or treatment, as determined by the
10Chief Medical Coordinator or Deputy Medical Coordinators,
11shall be referred to the Secretary for a determination as to
12whether the licensee shall have their license suspended
13immediately, pending a hearing by the Disciplinary Board. In
14instances in which the Secretary immediately suspends a license
15under this Section, a hearing upon such person's license must
16be convened by the Disciplinary Board within 15 days after such
17suspension and completed without appreciable delay. The
18Disciplinary Board shall have the authority to review the
19subject physician's record of treatment and counseling
20regarding the impairment, to the extent permitted by applicable
21federal statutes and regulations safeguarding the
22confidentiality of medical records.
23    An individual licensed under this Act, affected under this
24Section, shall be afforded an opportunity to demonstrate to the
25Disciplinary Board that they can resume practice in compliance
26with acceptable and prevailing standards under the provisions

 

 

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1of their license.
2    The Department may promulgate rules for the imposition of
3fines in disciplinary cases, not to exceed $10,000 for each
4violation of this Act. Fines may be imposed in conjunction with
5other forms of disciplinary action, but shall not be the
6exclusive disposition of any disciplinary action arising out of
7conduct resulting in death or injury to a patient. Any funds
8collected from such fines shall be deposited in the Medical
9Disciplinary Fund.
10    All fines imposed under this Section shall be paid within
1160 days after the effective date of the order imposing the fine
12or in accordance with the terms set forth in the order imposing
13the fine.
14    (B) The Department shall revoke the license or permit
15issued under this Act to practice medicine or a chiropractic
16physician who has been convicted a second time of committing
17any felony under the Illinois Controlled Substances Act or the
18Methamphetamine Control and Community Protection Act, or who
19has been convicted a second time of committing a Class 1 felony
20under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
21person whose license or permit is revoked under this subsection
22B shall be prohibited from practicing medicine or treating
23human ailments without the use of drugs and without operative
24surgery.
25    (C) The Disciplinary Board shall recommend to the
26Department civil penalties and any other appropriate

 

 

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1discipline in disciplinary cases when the Board finds that a
2physician willfully performed an abortion with actual
3knowledge that the person upon whom the abortion has been
4performed is a minor or an incompetent person without notice as
5required under the Parental Notice of Abortion Act of 1995.
6Upon the Board's recommendation, the Department shall impose,
7for the first violation, a civil penalty of $1,000 and for a
8second or subsequent violation, a civil penalty of $5,000.
9(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13;
1098-668, eff. 6-25-14.)
 
11    (225 ILCS 60/24)  (from Ch. 111, par. 4400-24)
12    (Section scheduled to be repealed on December 31, 2014)
13    Sec. 24. Report of violations; medical associations.
14    (a) Any physician licensed under this Act, the Illinois
15State Medical Society, the Illinois Association of Osteopathic
16Physicians and Surgeons, the Illinois Chiropractic Society,
17the Illinois Prairie State Chiropractic Association, or any
18component societies of any of these 4 groups, and any other
19person, may report to the Disciplinary Board any information
20the physician, association, society, or person may have that
21appears to show that a physician is or may be in violation of
22any of the provisions of Section 22 of this Act.
23    (b) The Department may enter into agreements with the
24Illinois State Medical Society, the Illinois Association of
25Osteopathic Physicians and Surgeons, the Illinois Prairie

 

 

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1State Chiropractic Association, or the Illinois Chiropractic
2Society to allow these organizations to assist the Disciplinary
3Board in the review of alleged violations of this Act. Subject
4to the approval of the Department, any organization party to
5such an agreement may subcontract with other individuals or
6organizations to assist in review.
7    (c) Any physician, association, society, or person
8participating in good faith in the making of a report under
9this Act or participating in or assisting with an investigation
10or review under this Act shall have immunity from any civil,
11criminal, or other liability that might result by reason of
12those actions.
13    (d) The medical information in the custody of an entity
14under contract with the Department participating in an
15investigation or review shall be privileged and confidential to
16the same extent as are information and reports under the
17provisions of Part 21 of Article VIII of the Code of Civil
18Procedure.
19    (e) Upon request by the Department after a mandatory report
20has been filed with the Department, an attorney for any party
21seeking to recover damages for injuries or death by reason of
22medical, hospital, or other healing art malpractice shall
23provide patient records related to the physician involved in
24the disciplinary proceeding to the Department within 30 days of
25the Department's request for use by the Department in any
26disciplinary matter under this Act. An attorney who provides

 

 

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1patient records to the Department in accordance with this
2requirement shall not be deemed to have violated any
3attorney-client privilege. Notwithstanding any other provision
4of law, consent by a patient shall not be required for the
5provision of patient records in accordance with this
6requirement.
7    (f) For the purpose of any civil or criminal proceedings,
8the good faith of any physician, association, society or person
9shall be presumed.
10(Source: P.A. 97-622, eff. 11-23-11.)
 
11    (225 ILCS 60/33)  (from Ch. 111, par. 4400-33)
12    (Section scheduled to be repealed on December 31, 2014)
13    Sec. 33. Legend drugs.
14    (a) Any person licensed under this Act to practice medicine
15in all of its branches shall be authorized to purchase legend
16drugs requiring an order of a person authorized to prescribe
17drugs, and to dispense such legend drugs in the regular course
18of practicing medicine. The dispensing of such legend drugs
19shall be the personal act of the person licensed under this Act
20and may not be delegated to any other person not licensed under
21this Act or the Pharmacy Practice Act unless such delegated
22dispensing functions are under the direct supervision of the
23physician authorized to dispense legend drugs. Except when
24dispensing manufacturers' samples or other legend drugs in a
25maximum 72 hour supply, persons licensed under this Act shall

 

 

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1maintain a book or file of prescriptions as required in the
2Pharmacy Practice Act. Any person licensed under this Act who
3dispenses any drug or medicine shall dispense such drug or
4medicine in good faith and shall affix to the box, bottle,
5vessel or package containing the same a label indicating (1)
6(a) the date on which such drug or medicine is dispensed; (2)
7(b) the name of the patient; (3) (c) the last name of the
8person dispensing such drug or medicine; (4) (d) the directions
9for use thereof; and (5) (e) the proprietary name or names or,
10if there are none, the established name or names of the drug or
11medicine, the dosage and quantity, except as otherwise
12authorized by regulation of the Department.
13    (b) The foregoing labeling requirements set forth in
14subsection (a) shall not apply to drugs or medicines in a
15package which bears a label of the manufacturer containing
16information describing its contents which is in compliance with
17requirements of the Federal Food, Drug, and Cosmetic Act and
18the Illinois Food, Drug, and Cosmetic Act. "Drug" and
19"medicine" have the meanings meaning ascribed to them in the
20Pharmacy Practice Act, as now or hereafter amended; "good
21faith" has the meaning ascribed to it in subsection (u) (v) of
22Section 102 of the Illinois Controlled Substances Act.
23"Illinois Controlled Substances Act", approved August 16,
241971, as amended.
25    (c) Prior to dispensing a prescription to a patient, the
26physician shall offer a written prescription to the patient

 

 

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1which the patient may elect to have filled by the physician or
2any licensed pharmacy.
3    (d) A violation of any provision of this Section shall
4constitute a violation of this Act and shall be grounds for
5disciplinary action provided for in this Act.
6    (e) Nothing in this Section shall be construed to authorize
7a chiropractic physician to prescribe drugs.
8(Source: P.A. 97-622, eff. 11-23-11.)
 
9    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
10    (Section scheduled to be repealed on December 31, 2014)
11    Sec. 36. Investigation; notice.
12    (a) Upon the motion of either the Department or the
13Disciplinary Board or upon the verified complaint in writing of
14any person setting forth facts which, if proven, would
15constitute grounds for suspension or revocation under Section
1622 of this Act, the Department shall investigate the actions of
17any person, so accused, who holds or represents that they hold
18a license. Such person is hereinafter called the accused.
19    (b) The Department shall, before suspending, revoking,
20placing on probationary status, or taking any other
21disciplinary action as the Department may deem proper with
22regard to any license at least 30 days prior to the date set
23for the hearing, notify the accused in writing of any charges
24made and the time and place for a hearing of the charges before
25the Disciplinary Board, direct them to file their written

 

 

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1answer thereto to the Disciplinary Board under oath within 20
2days after the service on them of such notice and inform them
3that if they fail to file such answer default will be taken
4against them and their license may be suspended, revoked,
5placed on probationary status, or have other disciplinary
6action, including limiting the scope, nature or extent of their
7practice, as the Department may deem proper taken with regard
8thereto. The Department shall, at least 14 days prior to the
9date set for the hearing, notify in writing any person who
10filed a complaint against the accused of the time and place for
11the hearing of the charges against the accused before the
12Disciplinary Board and inform such person whether he or she may
13provide testimony at the hearing.
14    (c) Where a physician has been found, upon complaint and
15investigation of the Department, and after hearing, to have
16performed an abortion procedure in a wilful and wanton manner
17upon a woman who was not pregnant at the time such abortion
18procedure was performed, the Department shall automatically
19revoke the license of such physician to practice medicine in
20Illinois.
21    (d) Such written notice and any notice in such proceedings
22thereafter may be served by delivery of the same, personally,
23to the accused person, or by mailing the same by registered or
24certified mail to the accused person's address of record.
25    (e) All information gathered by the Department during its
26investigation including information subpoenaed under Section

 

 

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123 or 38 of this Act and the investigative file shall be kept
2for the confidential use of the Secretary, Disciplinary Board,
3the Medical Coordinators, persons employed by contract to
4advise the Medical Coordinator or the Department, the
5Disciplinary Board's attorneys, the medical investigative
6staff, and authorized clerical staff, as provided in this Act
7and shall be afforded the same status as is provided
8information concerning medical studies in Part 21 of Article
9VIII of the Code of Civil Procedure, except that the Department
10may disclose information and documents to a federal, State, or
11local law enforcement agency pursuant to a subpoena in an
12ongoing criminal investigation to a health care licensing body
13of this State or another state or jurisdiction pursuant to an
14official request made by that licensing body. Furthermore,
15information and documents disclosed to a federal, State, or
16local law enforcement agency may be used by that agency only
17for the investigation and prosecution of a criminal offense or,
18in the case of disclosure to a health care licensing body, only
19for investigations and disciplinary action proceedings with
20regard to a license issued by that licensing body.
21(Source: P.A. 96-1372, eff. 7-29-10; 97-449, eff. 1-1-12;
2297-622, eff. 11-23-11.)
 
23    (225 ILCS 60/37)  (from Ch. 111, par. 4400-37)
24    (Section scheduled to be repealed on December 31, 2014)
25    Sec. 37. Disciplinary actions.

 

 

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1    (a) At the time and place fixed in the notice, the
2Disciplinary Board provided for in this Act shall proceed to
3hear the charges, and the accused person shall be accorded
4ample opportunity to present in person, or by counsel, such
5statements, testimony, evidence and argument as may be
6pertinent to the charges or to any defense thereto. The
7Disciplinary Board may continue such hearing from time to time.
8If the Disciplinary Board is not sitting at the time and place
9fixed in the notice or at the time and place to which the
10hearing has been continued, the Department shall continue such
11hearing for a period not to exceed 30 days.
12    (b) In case the accused person, after receiving notice,
13fails to file an answer, their license may, in the discretion
14of the Secretary, having received first the recommendation of
15the Disciplinary Board, be suspended, revoked or placed on
16probationary status, or the Secretary may take whatever
17disciplinary action as he or she may deem proper, including
18limiting the scope, nature, or extent of said person's
19practice, without a hearing, if the act or acts charged
20constitute sufficient grounds for such action under this Act.
21    (c) The Disciplinary Board has the authority to recommend
22to the Secretary that probation be granted or that other
23disciplinary or non-disciplinary action, including the
24limitation of the scope, nature or extent of a person's
25practice, be taken as it deems proper. If disciplinary or
26non-disciplinary action, other than suspension or revocation,

 

 

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1is taken the Disciplinary Board may recommend that the
2Secretary impose reasonable limitations and requirements upon
3the accused registrant to insure compliance with the terms of
4the probation or other disciplinary action including, but not
5limited to, regular reporting by the accused to the Department
6of their actions, placing themselves under the care of a
7qualified physician for treatment, or limiting their practice
8in such manner as the Secretary may require.
9    (d) The Secretary, after consultation with the Chief
10Medical Coordinator or Deputy Medical Coordinator, may
11temporarily suspend the license of a physician without a
12hearing, simultaneously with the institution of proceedings
13for a hearing provided under this Section if the Secretary
14finds that evidence in his or her possession indicates that a
15physician's continuation in practice would constitute an
16immediate danger to the public. In the event that the Secretary
17suspends, temporarily, the license of a physician without a
18hearing, a hearing by the Disciplinary Board shall be held
19within 15 days after such suspension has occurred and shall be
20concluded without appreciable delay.
21(Source: P.A. 97-622, eff. 11-23-11.)
 
22    (225 ILCS 60/38)  (from Ch. 111, par. 4400-38)
23    (Section scheduled to be repealed on December 31, 2014)
24    Sec. 38. Subpoena; oaths.
25    (a) The Disciplinary Board or Department has power to

 

 

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1subpoena and bring before it any person in this State and to
2take testimony either orally or by deposition, or both, with
3the same fees and mileage and in the same manner as is
4prescribed by law for judicial procedure in civil cases.
5    (b) The Disciplinary Board, upon a determination that
6probable cause exists that a violation of one or more of the
7grounds for discipline listed in Section 22 has occurred or is
8occurring, may subpoena the medical and hospital records of
9individual patients of physicians licensed under this Act,
10provided, that prior to the submission of such records to the
11Disciplinary Board, all information indicating the identity of
12the patient shall be removed and deleted. Notwithstanding the
13foregoing, the Disciplinary Board and Department shall possess
14the power to subpoena copies of hospital or medical records in
15mandatory report cases under Section 23 alleging death or
16permanent bodily injury when consent to obtain records is not
17provided by a patient or legal representative. Prior to
18submission of the records to the Disciplinary Board, all
19information indicating the identity of the patient shall be
20removed and deleted. All medical records and other information
21received pursuant to subpoena shall be confidential and shall
22be afforded the same status as is proved information concerning
23medical studies in Part 21 of Article VIII of the Code of Civil
24Procedure. The use of such records shall be restricted to
25members of the Disciplinary Board, the medical coordinators,
26and appropriate staff of the Department designated by the

 

 

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1Disciplinary Board for the purpose of determining the existence
2of one or more grounds for discipline of the physician as
3provided for by Section 22 of this Act. Any such review of
4individual patients' records shall be conducted by the
5Disciplinary Board in strict confidentiality, provided that
6such patient records shall be admissible in a disciplinary
7hearing, before the Disciplinary Board, when necessary to
8substantiate the grounds for discipline alleged against the
9physician licensed under this Act, and provided further, that
10nothing herein shall be deemed to supersede the provisions of
11Part 21 of Article VIII of the "Code of Civil Procedure", as
12now or hereafter amended, to the extent applicable.
13    (c) The Secretary, and any member of the Disciplinary Board
14each have power to administer oaths at any hearing which the
15Disciplinary Board or Department is authorized by law to
16conduct.
17    (d) The Disciplinary Board, upon a determination that
18probable cause exists that a violation of one or more of the
19grounds for discipline listed in Section 22 has occurred or is
20occurring on the business premises of a physician licensed
21under this Act, may issue an order authorizing an appropriately
22qualified investigator employed by the Department to enter upon
23the business premises with due consideration for patient care
24of the subject of the investigation so as to inspect the
25physical premises and equipment and furnishings therein. No
26such order shall include the right of inspection of business,

 

 

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1medical, or personnel records located on the premises. For
2purposes of this Section, "business premises" is defined as the
3office or offices where the physician conducts the practice of
4medicine. Any such order shall expire and become void five
5business days after its issuance by the Disciplinary Board. The
6execution of any such order shall be valid only during the
7normal business hours of the facility or office to be
8inspected.
9(Source: P.A. 97-622, eff. 11-23-11.)
 
10    (225 ILCS 60/40)  (from Ch. 111, par. 4400-40)
11    (Section scheduled to be repealed on December 31, 2014)
12    Sec. 40. Findings and recommendations; rehearing.
13    (a) The Disciplinary Board shall present to the Secretary a
14written report of its findings and recommendations. A copy of
15such report shall be served upon the accused person, either
16personally or by registered or certified mail. Within 20 days
17after such service, the accused person may present to the
18Department their motion, in writing, for a rehearing, which
19written motion shall specify the particular ground therefor. If
20the accused person orders and pays for a transcript of the
21record as provided in Section 39, the time elapsing thereafter
22and before such transcript is ready for delivery to them shall
23not be counted as part of such 20 days.
24    (b) At the expiration of the time allowed for filing a
25motion for rehearing, the Secretary may take the action

 

 

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1recommended by the Disciplinary Board. Upon the suspension,
2revocation, placement on probationary status, or the taking of
3any other disciplinary action, including the limiting of the
4scope, nature, or extent of one's practice, deemed proper by
5the Department, with regard to the license or , certificate or
6visiting professor permit, the accused shall surrender their
7license or permit to the Department, if ordered to do so by the
8Department, and upon their failure or refusal so to do, the
9Department may seize the same.
10    (c) Each certificate of order of revocation, suspension, or
11other disciplinary action shall contain a brief, concise
12statement of the ground or grounds upon which the Department's
13action is based, as well as the specific terms and conditions
14of such action. This document shall be retained as a permanent
15record by the Disciplinary Board and the Secretary.
16    (d) The Department shall at least annually publish a list
17of the names of all persons disciplined under this Act in the
18preceding 12 months. Such lists shall be available by the
19Department on its website.
20    (e) In those instances where an order of revocation,
21suspension, or other disciplinary action has been rendered by
22virtue of a physician's physical illness, including, but not
23limited to, deterioration through the aging process, or loss of
24motor skill which results in a physician's inability to
25practice medicine with reasonable judgment, skill, or safety,
26the Department shall only permit this document, and the record

 

 

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1of the hearing incident thereto, to be observed, inspected,
2viewed, or copied pursuant to court order.
3(Source: P.A. 97-622, eff. 11-23-11.)
 
4    (225 ILCS 60/41)  (from Ch. 111, par. 4400-41)
5    (Section scheduled to be repealed on December 31, 2014)
6    Sec. 41. Administrative review; certification of record.
7    (a) All final administrative decisions of the Department
8are subject to judicial review pursuant to the Administrative
9Review Law and its rules. The term "administrative decision" is
10defined as in Section 3-101 of the Code of Civil Procedure.
11    (b) Proceedings for judicial review shall be commenced in
12the circuit court of the county in which the party applying for
13review resides; but if the party is not a resident of this
14State, the venue shall be in Sangamon County.
15    (c) The Department shall not be required to certify any
16record to the court, to file an answer in court, or to
17otherwise appear in any court in a judicial review proceeding
18unless and until the Department has received from the plaintiff
19payment of the costs of furnishing and certifying the record,
20which costs shall be determined by the Department. Exhibits
21shall be certified without cost. Failure on the part of the
22plaintiff to file a receipt in court shall be grounds for
23dismissal of the action. During the pendency and hearing of any
24and all judicial proceedings incident to the disciplinary
25action the sanctions imposed upon the accused by the Department

 

 

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1because of acts or omissions related to the delivery of direct
2patient care as specified in the Department's final
3administrative decision, shall as a matter of public policy
4remain in full force and effect in order to protect the public
5pending final resolution of any of the proceedings.
6(Source: P.A. 97-622, eff. 11-23-11.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.