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Full Text of SB1810  100th General Assembly

SB1810 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1810

 

Introduced 2/9/2017, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 60/22  from Ch. 111, par. 4400-22

    Amends the Medical Practice Act of 1987. Makes a technical change in a Section concerning disciplinary action.


LRB100 09640 SMS 19809 b

 

 

A BILL FOR

 

SB1810LRB100 09640 SMS 19809 b

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 Medical Practice Act of 1987 is amended by
5changing Section 22 as follows:
 
6    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
7    (Section scheduled to be repealed on December 31, 2017)
8    Sec. 22. Disciplinary action.
9    (A) The The Department may revoke, suspend, place on
10probation, reprimand, refuse to issue or renew, or take any
11other disciplinary or non-disciplinary action as the
12Department may deem proper with regard to the license or permit
13of any person issued under this Act, including imposing fines
14not to exceed $10,000 for each violation, upon any of the
15following grounds:
16        (1) Performance of an elective abortion in any place,
17    locale, facility, or institution other than:
18            (a) a facility licensed pursuant to the Ambulatory
19        Surgical Treatment Center Act;
20            (b) an institution licensed under the Hospital
21        Licensing Act;
22            (c) an ambulatory surgical treatment center or
23        hospitalization or care facility maintained by the

 

 

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

 

 

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

 

 

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1    of osteopathy, doctor of osteopathic medicine, or doctor of
2    chiropractic from providing services to the agency's
3    participants.
4        (13) Violation of any provision of this Act or of the
5    Medical Practice Act prior to the repeal of that Act, or
6    violation of the rules, or a final administrative action of
7    the Secretary, after consideration of the recommendation
8    of the Disciplinary Board.
9        (14) Violation of the prohibition against fee
10    splitting in Section 22.2 of this Act.
11        (15) A finding by the Disciplinary Board that the
12    registrant after having his or her license placed on
13    probationary status or subjected to conditions or
14    restrictions violated the terms of the probation or failed
15    to comply with such terms or conditions.
16        (16) Abandonment of a patient.
17        (17) Prescribing, selling, administering,
18    distributing, giving or self-administering any drug
19    classified as a controlled substance (designated product)
20    or narcotic for other than medically accepted therapeutic
21    purposes.
22        (18) Promotion of the sale of drugs, devices,
23    appliances or goods provided for a patient in such manner
24    as to exploit the patient for financial gain of the
25    physician.
26        (19) Offering, undertaking or agreeing to cure or treat

 

 

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

 

 

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

 

 

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1    statement in any document connected with practice under
2    this Act.
3        (32) Aiding and abetting an individual not licensed
4    under this Act in the practice of a profession licensed
5    under this Act.
6        (33) Violating state or federal laws or regulations
7    relating to controlled substances, legend drugs, or
8    ephedra as defined in the Ephedra Prohibition Act.
9        (34) Failure to report to the Department any adverse
10    final action taken against them by another licensing
11    jurisdiction (any other state or any territory of the
12    United States or any foreign state or country), by any peer
13    review body, by any health care institution, by any
14    professional society or association related to practice
15    under this Act, by any governmental agency, by any law
16    enforcement agency, or by any court for acts or conduct
17    similar to acts or conduct which would constitute grounds
18    for action as defined in this Section.
19        (35) Failure to report to the Department surrender of a
20    license or authorization to practice as a medical doctor, a
21    doctor of osteopathy, a doctor of osteopathic medicine, or
22    doctor of chiropractic in another state or jurisdiction, or
23    surrender of membership on any medical staff or in any
24    medical or professional association or society, while
25    under disciplinary investigation by any of those
26    authorities or bodies, for acts or conduct similar to acts

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    An individual licensed under this Act, affected under this
2Section, shall be afforded an opportunity to demonstrate to the
3Disciplinary Board that they can resume practice in compliance
4with acceptable and prevailing standards under the provisions
5of their license.
6    The Department may promulgate rules for the imposition of
7fines in disciplinary cases, not to exceed $10,000 for each
8violation of this Act. Fines may be imposed in conjunction with
9other forms of disciplinary action, but shall not be the
10exclusive disposition of any disciplinary action arising out of
11conduct resulting in death or injury to a patient. Any funds
12collected from such fines shall be deposited in the Medical
13Disciplinary Fund.
14    All fines imposed under this Section shall be paid within
1560 days after the effective date of the order imposing the fine
16or in accordance with the terms set forth in the order imposing
17the fine.
18    (B) The Department shall revoke the license or permit
19issued under this Act to practice medicine or a chiropractic
20physician who has been convicted a second time of committing
21any felony under the Illinois Controlled Substances Act or the
22Methamphetamine Control and Community Protection Act, or who
23has been convicted a second time of committing a Class 1 felony
24under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
25person whose license or permit is revoked under this subsection
26B shall be prohibited from practicing medicine or treating

 

 

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1human ailments without the use of drugs and without operative
2surgery.
3    (C) The Department shall not revoke, suspend, place on
4probation, reprimand, refuse to issue or renew, or take any
5other disciplinary or non-disciplinary action against the
6license or permit issued under this Act to practice medicine to
7a physician based solely upon the recommendation of the
8physician to an eligible patient regarding, or prescription
9for, or treatment with, an investigational drug, biological
10product, or device.
11    (D) The Disciplinary Board shall recommend to the
12Department civil penalties and any other appropriate
13discipline in disciplinary cases when the Board finds that a
14physician willfully performed an abortion with actual
15knowledge that the person upon whom the abortion has been
16performed is a minor or an incompetent person without notice as
17required under the Parental Notice of Abortion Act of 1995.
18Upon the Board's recommendation, the Department shall impose,
19for the first violation, a civil penalty of $1,000 and for a
20second or subsequent violation, a civil penalty of $5,000.
21(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
2298-1140, eff. 12-30-14; 99-270, eff. 1-1-16.)