Illinois General Assembly - Full Text of SB0649
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Full Text of SB0649  98th General Assembly

SB0649ham005 98TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 11/19/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 649

2    AMENDMENT NO. ______. Amend Senate Bill 649, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Regulatory Sunset Act is amended by adding
6Section 4.25a as follows:
 
7    (5 ILCS 80/4.25a new)
8    Sec. 4.25a. Act repealed on December 31, 2015. The
9following Act is repealed on December 31, 2015:
10    The Medical Practice Act of 1987.
 
11    (5 ILCS 80/4.24 rep.)
12    Section 10. The Regulatory Sunset Act is amended by
13repealing Section 4.24.
 
14    Section 15. The Medical Practice Act of 1987 is amended by

 

 

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1changing Sections 2, 3, 7, 7.5, 9, 9.3, 9.5, 13, 17, 18, 19,
221, 22, 24, 33, 36, 37, 38, 40, and 41 as follows:
 
3    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
4    (Section scheduled to be repealed on December 31, 2014)
5    Sec. 2. Definitions. For purposes of this Act, the
6following definitions shall have the following meanings,
7except where the context requires otherwise:
8    "Act" means the Medical Practice Act of 1987.
9    "Address of record" means the designated address recorded
10by the Department in the applicant's or licensee's application
11file or license file as maintained by the Department's
12licensure maintenance unit. It is the duty of the applicant or
13licensee to inform the Department of any change of address and
14those changes must be made either through the Department's
15website or by contacting the Department.
16    "Chiropractic physician" means a person licensed to treat
17human ailments without the use of drugs and without operative
18surgery. Nothing in this Act shall be construed to prohibit a
19chiropractic physician from providing advice regarding the use
20of non-prescription products or from administering atmospheric
21oxygen. Nothing in this Act shall be construed to authorize a
22chiropractic physician to prescribe drugs.
23    "Department" means the Department of Financial and
24Professional Regulation.
25    "Disciplinary Action" means revocation, suspension,

 

 

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1probation, supervision, practice modification, reprimand,
2required education, fines or any other action taken by the
3Department against a person holding a license.
4    "Disciplinary Board" means the Medical Disciplinary Board.
5    "Final Determination" means the governing body's final
6action taken under the procedure followed by a health care
7institution, or professional association or society, against
8any person licensed under the Act in accordance with the bylaws
9or rules and regulations of such health care institution, or
10professional association or society.
11    "Fund" means the Medical Disciplinary Fund.
12    "Impaired" means the inability to practice medicine with
13reasonable skill and safety due to physical or mental
14disabilities as evidenced by a written determination or written
15consent based on clinical evidence including deterioration
16through the aging process or loss of motor skill, or abuse of
17drugs or alcohol, of sufficient degree to diminish a person's
18ability to deliver competent patient care.
19    "Licensing Board" means the Medical Licensing Board.
20    "Physician" means a person licensed under the Medical
21Practice Act to practice medicine in all of its branches or a
22chiropractic physician.
23    "Professional Association" means an association or society
24of persons licensed under this Act, and operating within the
25State of Illinois, including but not limited to, medical
26societies, osteopathic organizations, and chiropractic

 

 

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1organizations, but this term shall not be deemed to include
2hospital medical staffs.
3    "Program of Care, Counseling, or Treatment" means a written
4schedule of organized treatment, care, counseling, activities,
5or education, satisfactory to the Disciplinary Board, designed
6for the purpose of restoring an impaired person to a condition
7whereby the impaired person can practice medicine with
8reasonable skill and safety of a sufficient degree to deliver
9competent patient care.
10    "Reinstate" means to change the status of a license from
11inactive or nonrenewed status to active status.
12    "Restore" means to remove an encumbrance from a license due
13to probation, suspension, or revocation.
14    "Secretary" means the Secretary of the Department of
15Financial and Professional Regulation.
16(Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11.)
 
17    (225 ILCS 60/3)  (from Ch. 111, par. 4400-3)
18    (Section scheduled to be repealed on December 31, 2014)
19    Sec. 3. Licensure requirement. No person shall practice
20medicine, or any of its branches, or treat human ailments
21without the use of drugs and without operative surgery, without
22a valid, active existing license to do so, except that a
23physician who holds an active license in another state or a
24second year resident enrolled in a residency program accredited
25by the Liaison Committee on Graduate Medical Education or the

 

 

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1Bureau of Professional Education of the American Osteopathic
2Association may provide medical services to patients in
3Illinois during a bonafide emergency in immediate preparation
4for or during interstate transit.
5(Source: P.A. 89-702, eff. 7-1-97.)
 
6    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)
7    (Section scheduled to be repealed on December 31, 2014)
8    Sec. 7. Medical Disciplinary Board.
9    (A) There is hereby created the Illinois State Medical
10Disciplinary Board. The Disciplinary Board shall consist of 11
11members, to be appointed by the Governor by and with the advice
12and consent of the Senate. All members shall be residents of
13the State, not more than 6 of whom shall be members of the same
14political party. All members shall be voting members. Five
15members shall be physicians licensed to practice medicine in
16all of its branches in Illinois possessing the degree of doctor
17of medicine. One member shall be a physician licensed to
18practice medicine in all its branches in Illinois possessing
19the degree of doctor of osteopathy or osteopathic medicine. One
20member shall be a chiropractic physician licensed to practice
21in Illinois and possessing the degree of doctor of
22chiropractic. Four members shall be members of the public, who
23shall not be engaged in any way, directly or indirectly, as
24providers of health care.
25    (B) Members of the Disciplinary Board shall be appointed

 

 

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1for terms of 4 years. Upon the expiration of the term of any
2member, their successor shall be appointed for a term of 4
3years by the Governor by and with the advice and consent of the
4Senate. The Governor shall fill any vacancy for the remainder
5of the unexpired term with the advice and consent of the
6Senate. Upon recommendation of the Board, any member of the
7Disciplinary Board may be removed by the Governor for
8misfeasance, malfeasance, or wilful neglect of duty, after
9notice, and a public hearing, unless such notice and hearing
10shall be expressly waived in writing. Each member shall serve
11on the Disciplinary Board until their successor is appointed
12and qualified. No member of the Disciplinary Board shall serve
13more than 2 consecutive 4 year terms.
14    In making appointments the Governor shall attempt to insure
15that the various social and geographic regions of the State of
16Illinois are properly represented.
17    In making the designation of persons to act for the several
18professions represented on the Disciplinary Board, the
19Governor shall give due consideration to recommendations by
20members of the respective professions and by organizations
21therein.
22    (C) The Disciplinary Board shall annually elect one of its
23voting members as chairperson and one as vice chairperson. No
24officer shall be elected more than twice in succession to the
25same office. Each officer shall serve until their successor has
26been elected and qualified.

 

 

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1    (D) (Blank).
2    (E) Six voting members of the Disciplinary Board, at least
34 of whom are physicians, shall constitute a quorum. A vacancy
4in the membership of the Disciplinary Board shall not impair
5the right of a quorum to exercise all the rights and perform
6all the duties of the Disciplinary Board. Any action taken by
7the Disciplinary Board under this Act may be authorized by
8resolution at any regular or special meeting and each such
9resolution shall take effect immediately. The Disciplinary
10Board shall meet at least quarterly. The Disciplinary Board is
11empowered to adopt all rules and regulations necessary and
12incident to the powers granted to it under this Act.
13    (F) Each member, and member-officer, of the Disciplinary
14Board shall receive a per diem stipend as the Secretary shall
15determine. Each member shall be paid their necessary expenses
16while engaged in the performance of their duties.
17    (G) The Secretary shall select a Chief Medical Coordinator
18and not less than 2 Deputy Medical Coordinators who shall not
19be members of the Disciplinary Board. Each medical coordinator
20shall be a physician licensed to practice medicine in all of
21its branches, and the Secretary shall set their rates of
22compensation. The Secretary shall assign at least one medical
23coordinator to a region composed of Cook County and such other
24counties as the Secretary may deem appropriate, and such
25medical coordinator or coordinators shall locate their office
26in Chicago. The Secretary shall assign at least one medical

 

 

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1coordinator to a region composed of the balance of counties in
2the State, and such medical coordinator or coordinators shall
3locate their office in Springfield. The Chief Medical
4Coordinator shall be the chief enforcement officer of this Act.
5None of the functions, powers, or duties of the Department with
6respect to policies regarding enforcement or discipline under
7this Act, including the adoption of such rules as may be
8necessary for the administration of this Act, shall be
9exercised by the Department except upon review of the
10Disciplinary Board. Each medical coordinator shall be the chief
11enforcement officer of this Act in his or her assigned region
12and shall serve at the will of the Disciplinary Board.
13    The Secretary shall employ, in conformity with the
14Personnel Code, investigators who are college graduates with at
15least 2 years of investigative experience or one year of
16advanced medical education. Upon the written request of the
17Disciplinary Board, the Secretary shall employ, in conformity
18with the Personnel Code, such other professional, technical,
19investigative, and clerical help, either on a full or part-time
20basis as the Disciplinary Board deems necessary for the proper
21performance of its duties.
22    (H) Upon the specific request of the Disciplinary Board,
23signed by either the chairperson, vice chairperson, or a
24medical coordinator of the Disciplinary Board, the Department
25of Human Services, the Department of Healthcare and Family
26Services, or the Department of State Police, or any other law

 

 

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1enforcement agency located in this State shall make available
2any and all information that they have in their possession
3regarding a particular case then under investigation by the
4Disciplinary Board.
5    (I) Members of the Disciplinary Board shall be immune from
6suit in any action based upon any disciplinary proceedings or
7other acts performed in good faith as members of the
8Disciplinary Board.
9    (J) The Disciplinary Board may compile and establish a
10statewide roster of physicians and other medical
11professionals, including the several medical specialties, of
12such physicians and medical professionals, who have agreed to
13serve from time to time as advisors to the medical
14coordinators. Such advisors shall assist the medical
15coordinators or the Disciplinary Board in their investigations
16and participation in complaints against physicians. Such
17advisors shall serve under contract and shall be reimbursed at
18a reasonable rate for the services provided, plus reasonable
19expenses incurred. While serving in this capacity, the advisor,
20for any act undertaken in good faith and in the conduct of his
21or her duties under this Section, shall be immune from civil
22suit.
23(Source: P.A. 97-622, eff. 11-23-11.)
 
24    (225 ILCS 60/7.5)
25    (Section scheduled to be repealed on December 31, 2014)

 

 

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1    Sec. 7.5. Complaint Committee.
2    (a) There shall be a Complaint Committee of the
3Disciplinary Board composed of at least one of the medical
4coordinators established by subsection (G) of Section 7 of this
5Act, the Chief of Medical Investigations (person employed by
6the Department who is in charge of investigating complaints
7against physicians and physician assistants), the Chief of
8Medical Prosecutions (the person employed by the Department who
9is in charge of prosecuting formal complaints against
10physicians and physician assistants), and at least 3 voting
11members of the Disciplinary Board (at least 2 of whom shall be
12physicians) designated by the Chairperson of the Disciplinary
13Board with the approval of the Disciplinary Board. The
14Disciplinary Board members so appointed shall serve one-year
15terms and may be eligible for reappointment for subsequent
16terms.
17    (b) The Complaint Committee shall meet at least twice a
18month to exercise its functions and duties set forth in
19subsection (c) below. At least 2 members of the Disciplinary
20Board shall be in attendance in order for any business to be
21transacted by the Complaint Committee. The Complaint Committee
22shall make every effort to consider expeditiously and take
23prompt action on each item on its agenda.
24    (c) The Complaint Committee shall have the following duties
25and functions:
26        (1) To recommend to the Disciplinary Board that a

 

 

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1    complaint file be closed.
2        (2) To refer a complaint file to the office of the
3    Chief of Medical Prosecutions (person employed by the
4    Department who is in charge of prosecuting formal
5    complaints against licensees) for review.
6        (3) To make a decision in conjunction with the Chief of
7    Medical Prosecutions regarding action to be taken on a
8    complaint file.
9    (d) In determining what action to take or whether to
10proceed with prosecution of a complaint, the Complaint
11Committee shall consider, but not be limited to, the following
12factors: sufficiency of the evidence presented, prosecutorial
13merit under Section 22 of this Act, any recommendation made by
14the Department, and insufficient cooperation from complaining
15parties.
16(Source: P.A. 97-622, eff. 11-23-11.)
 
17    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
18    (Section scheduled to be repealed on December 31, 2014)
19    Sec. 9. Application for license. Each applicant for a
20license shall:
21        (A) Make application on blank forms prepared and
22    furnished by the Department.
23        (B) Submit evidence satisfactory to the Department
24    that the applicant:
25            (1) is of good moral character. In determining

 

 

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1        moral character under this Section, the Department may
2        take into consideration whether the applicant has
3        engaged in conduct or activities which would
4        constitute grounds for discipline under this Act. The
5        Department may also request the applicant to submit,
6        and may consider as evidence of moral character,
7        endorsements from 2 or 3 individuals licensed under
8        this Act;
9            (2) has the preliminary and professional education
10        required by this Act;
11            (3) (blank); and
12            (4) is physically, mentally, and professionally
13        capable of practicing medicine with reasonable
14        judgment, skill, and safety. In determining physical
15        and , mental and professional capacity under this
16        Section, the Licensing Board may, upon a showing of a
17        possible incapacity or conduct or activities that
18        would constitute grounds for discipline under this
19        Act, compel any applicant to submit to a mental or
20        physical examination and evaluation, or both, as
21        provided for in Section 22 of this Act. The Licensing
22        Board may condition or restrict any license, subject to
23        the same terms and conditions as are provided for the
24        Disciplinary Board under Section 22 of this Act. Any
25        such condition of a restricted license shall provide
26        that the Chief Medical Coordinator or Deputy Medical

 

 

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1        Coordinator shall have the authority to review the
2        subject physician's compliance with such conditions or
3        restrictions, including, where appropriate, the
4        physician's record of treatment and counseling
5        regarding the impairment, to the extent permitted by
6        applicable federal statutes and regulations
7        safeguarding the confidentiality of medical records of
8        patients.
9        In determining professional capacity under this
10    Section, an individual may be required to complete such
11    additional testing, training, or remedial education as the
12    Licensing Board may deem necessary in order to establish
13    the applicant's present capacity to practice medicine with
14    reasonable judgment, skill, and safety. The Licensing
15    Board may consider the following criteria, as they relate
16    to an applicant, as part of its determination of
17    professional capacity:
18            (1) Medical research in an established research
19        facility, hospital, college or university, or private
20        corporation.
21            (2) Specialized training or education.
22            (3) Publication of original work in learned,
23        medical, or scientific journals.
24            (4) Participation in federal, State, local, or
25        international public health programs or organizations.
26            (5) Professional service in a federal veterans or

 

 

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1        military institution.
2            (6) Any other professional activities deemed to
3        maintain and enhance the clinical capabilities of the
4        applicant.
5        Any applicant applying for a license to practice
6    medicine in all of its branches or for a license as a
7    chiropractic physician who has not been engaged in the
8    active practice of medicine or has not been enrolled in a
9    medical program for 2 years prior to application must
10    submit proof of professional capacity to the Licensing
11    Board.
12        Any applicant applying for a temporary license that has
13    not been engaged in the active practice of medicine or has
14    not been enrolled in a medical program for longer than 5
15    years prior to application must submit proof of
16    professional capacity to the Licensing Board.
17        (C) Designate specifically the name, location, and
18    kind of professional school, college, or institution of
19    which the applicant is a graduate and the category under
20    which the applicant seeks, and will undertake, to practice.
21        (D) Pay to the Department at the time of application
22    the required fees.
23        (E) Pursuant to Department rules, as required, pass an
24    examination authorized by the Department to determine the
25    applicant's fitness to receive a license.
26        (F) Complete the application process within 3 years

 

 

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1    from the date of application. If the process has not been
2    completed within 3 years, the application shall expire,
3    application fees shall be forfeited, and the applicant must
4    reapply and meet the requirements in effect at the time of
5    reapplication.
6(Source: P.A. 97-622, eff. 11-23-11.)
 
7    (225 ILCS 60/9.3)
8    (Section scheduled to be repealed on December 31, 2014)
9    Sec. 9.3. Withdrawal of application. Any applicant
10applying for a license or permit under this Act may withdraw
11his or her application at any time. If an applicant withdraws
12his or her application after receipt of a written Notice of
13Intent to Deny License or Permit, then the withdrawal shall be
14reported to the Federation of State Medical Boards and the
15National Practitioner Data Bank.
16(Source: P.A. 98-601, eff. 12-30-13.)
 
17    (225 ILCS 60/9.5)
18    (Section scheduled to be repealed on December 31, 2014)
19    Sec. 9.5. Social Security Number on license application. In
20addition to any other information required to be contained in
21the application, every application for an original license
22under this Act shall include the applicant's Social Security
23Number, which shall be retained in the agency's records
24pertaining to the license. As soon as practical, the Department

 

 

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1shall assign a customer's identification number to each
2applicant for a license.
3    Every application for a renewal or reinstated restored
4license shall require the applicant's customer identification
5number.
6(Source: P.A. 97-400, eff. 1-1-12.)
 
7    (225 ILCS 60/13)  (from Ch. 111, par. 4400-13)
8    (Section scheduled to be repealed on December 31, 2014)
9    Sec. 13. Medical students. Candidates for the degree of
10doctor of medicine, doctor of osteopathy, or doctor of
11osteopathic medicine enrolled in a medical or osteopathic
12college, accredited by the Liaison Committee on Medical
13Education or the Commission on Osteopathic College
14Accreditation Bureau of Professional Education of the American
15Osteopathic Association or its successor, may practice under
16the direct, on-premises supervision of a physician who is
17licensed to practice medicine in all its branches in Illinois
18and who is a member of the faculty of an accredited medical or
19osteopathic college.
20(Source: P.A. 89-702, eff. 7-1-97.)
 
21    (225 ILCS 60/17)  (from Ch. 111, par. 4400-17)
22    (Section scheduled to be repealed on December 31, 2014)
23    Sec. 17. Temporary license. Persons holding the degree of
24Doctor of Medicine, persons holding the degree of Doctor of

 

 

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1Osteopathy or Doctor of Osteopathic Medicine, and persons
2holding the degree of Doctor of Chiropractic or persons who
3have satisfied the requirements therefor and are eligible to
4receive such degree from a medical, osteopathic, or
5chiropractic school, who wish to pursue programs of graduate or
6specialty training in this State, may receive without
7examination, in the discretion of the Department, a 3-year
8temporary license. In order to receive a 3-year temporary
9license hereunder, an applicant shall submit evidence
10satisfactory to the Department that the applicant:
11        (A) Is of good moral character. In determining moral
12    character under this Section, the Department may take into
13    consideration whether the applicant has engaged in conduct
14    or activities which would constitute grounds for
15    discipline under this Act. The Department may also request
16    the applicant to submit, and may consider as evidence of
17    moral character, endorsements from 2 or 3 individuals
18    licensed under this Act;
19        (B) Has been accepted or appointed for specialty or
20    residency training by a hospital situated in this State or
21    a training program in hospitals or facilities maintained by
22    the State of Illinois or affiliated training facilities
23    which is approved by the Department for the purpose of such
24    training under this Act. The applicant shall indicate the
25    beginning and ending dates of the period for which the
26    applicant has been accepted or appointed;

 

 

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1        (C) Has or will satisfy the professional education
2    requirements of Section 11 of this Act which are effective
3    at the date of application except for postgraduate clinical
4    training;
5        (D) Is physically, mentally, and professionally
6    capable of practicing medicine or treating human ailments
7    without the use of drugs and without operative surgery with
8    reasonable judgment, skill, and safety. In determining
9    physical, mental and professional capacity under this
10    Section, the Licensing Board may, upon a showing of a
11    possible incapacity, compel an applicant to submit to a
12    mental or physical examination and evaluation, or both, and
13    may condition or restrict any temporary license, subject to
14    the same terms and conditions as are provided for the
15    Disciplinary Board under Section 22 of this Act. Any such
16    condition of restricted temporary license shall provide
17    that the Chief Medical Coordinator or Deputy Medical
18    Coordinator shall have the authority to review the subject
19    physician's compliance with such conditions or
20    restrictions, including, where appropriate, the
21    physician's record of treatment and counseling regarding
22    the impairment, to the extent permitted by applicable
23    federal statutes and regulations safeguarding the
24    confidentiality of medical records of patients.
25    Three-year temporary licenses issued pursuant to this
26Section shall be valid only for the period of time designated

 

 

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1therein, and may be extended or renewed pursuant to the rules
2of the Department, and if a temporary license is thereafter
3extended, it shall not extend beyond completion of the
4residency program. The holder of a valid 3-year temporary
5license shall be entitled thereby to perform only such acts as
6may be prescribed by and incidental to his or her program of
7residency training; he or she shall not be entitled to
8otherwise engage in the practice of medicine in this State
9unless fully licensed in this State.
10    A 3-year temporary license may be revoked or suspended by
11the Department upon proof that the holder thereof has engaged
12in the practice of medicine in this State outside of the
13program of his or her residency or specialty training, or if
14the holder shall fail to supply the Department, within 10 days
15of its request, with information as to his or her current
16status and activities in his or her specialty training program.
17Such a revocation or suspension shall comply with the
18procedures set forth in subsection (d) of Section 37 of this
19Act.
20(Source: P.A. 97-622, eff. 11-23-11.)
 
21    (225 ILCS 60/18)  (from Ch. 111, par. 4400-18)
22    (Section scheduled to be repealed on December 31, 2014)
23    Sec. 18. Visiting professor, physician, or resident
24permits.
25    (A) Visiting professor permit.

 

 

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1        (1) A visiting professor permit shall entitle a person
2    to practice medicine in all of its branches or to practice
3    the treatment of human ailments without the use of drugs
4    and without operative surgery provided:
5            (a) the person maintains an equivalent
6        authorization to practice medicine in all of its
7        branches or to practice the treatment of human ailments
8        without the use of drugs and without operative surgery
9        in good standing in his or her native licensing
10        jurisdiction during the period of the visiting
11        professor permit;
12            (b) the person has received a faculty appointment
13        to teach in a medical, osteopathic or chiropractic
14        school in Illinois; and
15            (c) the Department may prescribe the information
16        necessary to establish an applicant's eligibility for
17        a permit. This information shall include without
18        limitation (i) a statement from the dean of the medical
19        school at which the applicant will be employed
20        describing the applicant's qualifications and (ii) a
21        statement from the dean of the medical school listing
22        every affiliated institution in which the applicant
23        will be providing instruction as part of the medical
24        school's education program and justifying any clinical
25        activities at each of the institutions listed by the
26        dean.

 

 

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1        (2) Application for visiting professor permits shall
2    be made to the Department, in writing, on forms prescribed
3    by the Department and shall be accompanied by the required
4    fee established by rule, which shall not be refundable. Any
5    application shall require the information as, in the
6    judgment of the Department, will enable the Department to
7    pass on the qualifications of the applicant.
8        (3) A visiting professor permit shall be valid for no
9    longer than 2 years from the date of issuance or until the
10    time the faculty appointment is terminated, whichever
11    occurs first, and may be renewed only in accordance with
12    subdivision (A)(6) of this Section.
13        (4) The applicant may be required to appear before the
14    Licensing Board for an interview prior to, and as a
15    requirement for, the issuance of the original permit and
16    the renewal.
17        (5) Persons holding a permit under this Section shall
18    only practice medicine in all of its branches or practice
19    the treatment of human ailments without the use of drugs
20    and without operative surgery in the State of Illinois in
21    their official capacity under their contract within the
22    medical school itself and any affiliated institution in
23    which the permit holder is providing instruction as part of
24    the medical school's educational program and for which the
25    medical school has assumed direct responsibility.
26        (6) After the initial renewal of a visiting professor

 

 

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1    permit, a visiting professor permit shall be valid until
2    the last day of the next physician license renewal period,
3    as set by rule, and may only be renewed for applicants who
4    meet the following requirements:
5            (i) have obtained the required continuing
6        education hours as set by rule; and
7            (ii) have paid the fee prescribed for a license
8        under Section 21 of this Act.
9    For initial renewal, the visiting professor must
10successfully pass a general competency examination authorized
11by the Department by rule, unless he or she was issued an
12initial visiting professor permit on or after January 1, 2007,
13but prior to July 1, 2007.
 
14    (B) Visiting physician permit.
15        (1) The Department may, in its discretion, issue a
16    temporary visiting physician permit, without examination,
17    provided:
18            (a) (blank);
19            (b) that the person maintains an equivalent
20        authorization to practice medicine in all of its
21        branches or to practice the treatment of human ailments
22        without the use of drugs and without operative surgery
23        in good standing in his or her native licensing
24        jurisdiction during the period of the temporary
25        visiting physician permit;

 

 

09800SB0649ham005- 23 -LRB098 04424 MGM 62414 a

1            (c) that the person has received an invitation or
2        appointment to study, demonstrate, or perform a
3        specific medical, osteopathic, chiropractic or
4        clinical subject or technique in a medical,
5        osteopathic, or chiropractic school, a state or
6        national medical, osteopathic, or chiropractic
7        professional association or society conference or
8        meeting, a hospital licensed under the Hospital
9        Licensing Act, a hospital organized under the
10        University of Illinois Hospital Act, or a facility
11        operated pursuant to the Ambulatory Surgical Treatment
12        Center Act; and
13            (d) that the temporary visiting physician permit
14        shall only permit the holder to practice medicine in
15        all of its branches or practice the treatment of human
16        ailments without the use of drugs and without operative
17        surgery within the scope of the medical, osteopathic,
18        chiropractic, or clinical studies, or in conjunction
19        with the state or national medical, osteopathic, or
20        chiropractic professional association or society
21        conference or meeting, for which the holder was invited
22        or appointed.
23        (2) The application for the temporary visiting
24    physician permit shall be made to the Department, in
25    writing, on forms prescribed by the Department, and shall
26    be accompanied by the required fee established by rule,

 

 

09800SB0649ham005- 24 -LRB098 04424 MGM 62414 a

1    which shall not be refundable. The application shall
2    require information that, in the judgment of the
3    Department, will enable the Department to pass on the
4    qualification of the applicant, and the necessity for the
5    granting of a temporary visiting physician permit.
6        (3) A temporary visiting physician permit shall be
7    valid for no longer than (i) 180 days from the date of
8    issuance or (ii) until the time the medical, osteopathic,
9    chiropractic, or clinical studies are completed, or the
10    state or national medical, osteopathic, or chiropractic
11    professional association or society conference or meeting
12    has concluded, whichever occurs first. The temporary
13    visiting physician permit may be issued multiple times to a
14    visiting physician under this paragraph (3) as long as the
15    total number of days it is active do not exceed 180 days
16    within a 365-day period.
17        (4) The applicant for a temporary visiting physician
18    permit may be required to appear before the Licensing Board
19    for an interview prior to, and as a requirement for, the
20    issuance of a temporary visiting physician permit.
21        (5) A limited temporary visiting physician permit
22    shall be issued to a physician licensed in another state
23    who has been requested to perform emergency procedures in
24    Illinois if he or she meets the requirements as established
25    by rule.
 

 

 

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1    (C) Visiting resident permit.
2        (1) The Department may, in its discretion, issue a
3    temporary visiting resident permit, without examination,
4    provided:
5            (a) (blank);
6            (b) that the person maintains an equivalent
7        authorization to practice medicine in all of its
8        branches or to practice the treatment of human ailments
9        without the use of drugs and without operative surgery
10        in good standing in his or her native licensing
11        jurisdiction during the period of the temporary
12        visiting resident permit;
13            (c) that the applicant is enrolled in a
14        postgraduate clinical training program outside the
15        State of Illinois that is approved by the Department;
16            (d) that the individual has been invited or
17        appointed for a specific period of time to perform a
18        portion of that post graduate clinical training
19        program under the supervision of an Illinois licensed
20        physician in an Illinois patient care clinic or
21        facility that is affiliated with the out-of-State post
22        graduate training program; and
23            (e) that the temporary visiting resident permit
24        shall only permit the holder to practice medicine in
25        all of its branches or practice the treatment of human
26        ailments without the use of drugs and without operative

 

 

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1        surgery within the scope of the medical, osteopathic,
2        chiropractic or clinical studies for which the holder
3        was invited or appointed.
4        (2) The application for the temporary visiting
5    resident permit shall be made to the Department, in
6    writing, on forms prescribed by the Department, and shall
7    be accompanied by the required fee established by rule. The
8    application shall require information that, in the
9    judgment of the Department, will enable the Department to
10    pass on the qualifications of the applicant.
11        (3) A temporary visiting resident permit shall be valid
12    for 180 days from the date of issuance or until the time
13    the medical, osteopathic, chiropractic, or clinical
14    studies are completed, whichever occurs first.
15        (4) The applicant for a temporary visiting resident
16    permit may be required to appear before the Licensing Board
17    for an interview prior to, and as a requirement for, the
18    issuance of a temporary visiting resident permit.
19(Source: P.A. 96-398, eff. 8-13-09; 97-622, eff. 11-23-11.)
 
20    (225 ILCS 60/19)  (from Ch. 111, par. 4400-19)
21    (Section scheduled to be repealed on December 31, 2014)
22    Sec. 19. Licensure by endorsement. The Department may, in
23its discretion, issue a license by endorsement to any person
24who is currently licensed to practice medicine in all of its
25branches, or a chiropractic physician, in any other state,

 

 

09800SB0649ham005- 27 -LRB098 04424 MGM 62414 a

1territory, country or province, upon the following conditions
2and submitting evidence satisfactory to the Department of the
3following:
4        (A) (Blank);
5        (B) That the applicant is of good moral character. In
6    determining moral character under this Section, the
7    Department may take into consideration whether the
8    applicant has engaged in conduct or activities which would
9    constitute grounds for discipline under this Act. The
10    Department may also request the applicant to submit, and
11    may consider as evidence of moral character, endorsements
12    from 2 or 3 individuals licensed under this Act;
13        (C) That the applicant is physically, mentally and
14    professionally capable of practicing medicine with
15    reasonable judgment, skill and safety. In determining
16    physical, mental and professional capacity under this
17    Section the Licensing Board may, upon a showing of a
18    possible incapacity, compel an applicant to submit to a
19    mental or physical examination and evaluation, or both, in
20    the same manner as provided in Section 22 and may condition
21    or restrict any license, subject to the same terms and
22    conditions as are provided for the Disciplinary Board under
23    Section 22 of this Act.
24        (D) That if the applicant seeks to practice medicine in
25    all of its branches:
26            (1) if the applicant was licensed in another

 

 

09800SB0649ham005- 28 -LRB098 04424 MGM 62414 a

1        jurisdiction prior to January 1, 1988, that the
2        applicant has satisfied the educational requirements
3        of paragraph (1) of subsection (A) or paragraph (2) of
4        subsection (A) of Section 11 of this Act; or
5            (2) if the applicant was licensed in another
6        jurisdiction after December 31, 1987, that the
7        applicant has satisfied the educational requirements
8        of paragraph (A)(2) of Section 11 of this Act; and
9            (3) the requirements for a license to practice
10        medicine in all of its branches in the particular
11        state, territory, country or province in which the
12        applicant is licensed are deemed by the Department to
13        have been substantially equivalent to the requirements
14        for a license to practice medicine in all of its
15        branches in force in this State at the date of the
16        applicant's license;
17        (E) That if the applicant seeks to treat human ailments
18    without the use of drugs and without operative surgery:
19            (1) the applicant is a graduate of a chiropractic
20        school or college approved by the Department at the
21        time of their graduation;
22            (2) the requirements for the applicant's license
23        to practice the treatment of human ailments without the
24        use of drugs are deemed by the Department to have been
25        substantially equivalent to the requirements for a
26        license to practice in this State at the date of the

 

 

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1        applicant's license;
2        (F) That the Department may, in its discretion, issue a
3    license by endorsement to any graduate of a medical or
4    osteopathic college, reputable and in good standing in the
5    judgment of the Department, who has passed an examination
6    for admission to the United States Public Health Service,
7    or who has passed any other examination deemed by the
8    Department to have been at least equal in all substantial
9    respects to the examination required for admission to any
10    such medical corps;
11        (G) That applications for licenses by endorsement
12    shall be filed with the Department, under oath, on forms
13    prepared and furnished by the Department, and shall set
14    forth, and applicants therefor shall supply such
15    information respecting the life, education, professional
16    practice, and moral character of applicants as the
17    Department may require to be filed for its use;
18        (H) That the applicant undergo the criminal background
19    check established under Section 9.7 of this Act.
20    In the exercise of its discretion under this Section, the
21Department is empowered to consider and evaluate each applicant
22on an individual basis. It may take into account, among other
23things: the extent to which the applicant will bring unique
24experience and skills to the State of Illinois or , the extent
25to which there is or is not available to the Department,
26authentic and definitive information concerning the quality of

 

 

09800SB0649ham005- 30 -LRB098 04424 MGM 62414 a

1medical education and clinical training which the applicant has
2had. Under no circumstances shall a license be issued under the
3provisions of this Section to any person who has previously
4taken and failed the written examination conducted by the
5Department for such license. In the exercise of its discretion
6under this Section, the Department may require an applicant to
7successfully complete an examination as recommended by the
8Licensing Board. The Department may also request the applicant
9to submit, and may consider as evidence of moral character,
10evidence from 2 or 3 individuals licensed under this Act.
11Applicants have 3 years from the date of application to
12complete the application process. If the process has not been
13completed within 3 years, the application shall be denied, the
14fees shall be forfeited, and the applicant must reapply and
15meet the requirements in effect at the time of reapplication.
16(Source: P.A. 97-622, eff. 11-23-11.)
 
17    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
18    (Section scheduled to be repealed on December 31, 2014)
19    Sec. 21. License renewal; reinstatement restoration;
20inactive status; disposition and collection of fees.
21    (A) Renewal. The expiration date and renewal period for
22each license issued under this Act shall be set by rule. The
23holder of a license may renew the license by paying the
24required fee. The holder of a license may also renew the
25license within 90 days after its expiration by complying with

 

 

09800SB0649ham005- 31 -LRB098 04424 MGM 62414 a

1the requirements for renewal and payment of an additional fee.
2A license renewal within 90 days after expiration shall be
3effective retroactively to the expiration date.
4    The Department shall mail to each licensee under this Act,
5at his or her address of record, at least 60 days in advance of
6the expiration date of his or her license, a renewal notice. No
7such license shall be deemed to have lapsed until 90 days after
8the expiration date and after such notice has been mailed by
9the Department as herein provided.
10    (B) Reinstatement Restoration. Any licensee who has
11permitted his or her license to lapse or who has had his or her
12license on inactive status may have his or her license
13reinstated restored by making application to the Department and
14filing proof acceptable to the Department of his or her fitness
15to have the license reinstated restored, including evidence
16certifying to active practice in another jurisdiction
17satisfactory to the Department, proof of meeting the continuing
18education requirements for one renewal period, and by paying
19the required reinstatement restoration fee.
20    If the licensee has not maintained an active practice in
21another jurisdiction satisfactory to the Department, the
22Licensing Board shall determine, by an evaluation program
23established by rule, the applicant's fitness to resume active
24status and may require the licensee to complete a period of
25evaluated clinical experience and may require successful
26completion of a practical examination specified by the

 

 

09800SB0649ham005- 32 -LRB098 04424 MGM 62414 a

1Licensing Board.
2    However, any registrant whose license has expired while he
3or she has been engaged (a) in Federal Service on active duty
4with the Army of the United States, the United States Navy, the
5Marine Corps, the Air Force, the Coast Guard, the Public Health
6Service or the State Militia called into the service or
7training of the United States of America, or (b) in training or
8education under the supervision of the United States
9preliminary to induction into the military service, may have
10his or her license reinstated or restored without paying any
11lapsed renewal fees, if within 2 years after honorable
12termination of such service, training, or education, he or she
13furnishes to the Department with satisfactory evidence to the
14effect that he or she has been so engaged and that his or her
15service, training, or education has been so terminated.
16    (C) Inactive licenses. Any licensee who notifies the
17Department, in writing on forms prescribed by the Department,
18may elect to place his or her license on an inactive status and
19shall, subject to rules of the Department, be excused from
20payment of renewal fees until he or she notifies the Department
21in writing of his or her desire to resume active status.
22    Any licensee requesting reinstatement restoration from
23inactive status shall be required to pay the current renewal
24fee, provide proof of meeting the continuing education
25requirements for the period of time the license is inactive not
26to exceed one renewal period, and shall be required to

 

 

09800SB0649ham005- 33 -LRB098 04424 MGM 62414 a

1reinstate restore his or her license as provided in subsection
2(B).
3    Any licensee whose license is in an inactive status shall
4not practice in the State of Illinois.
5    (D) Disposition of monies collected. All monies collected
6under this Act by the Department shall be deposited in the
7Illinois State Medical Disciplinary Fund in the State Treasury,
8and used only for the following purposes: (a) by the
9Disciplinary Board and Licensing Board in the exercise of its
10powers and performance of its duties, as such use is made by
11the Department with full consideration of all recommendations
12of the Disciplinary Board and Licensing Board, (b) for costs
13directly related to persons licensed under this Act, and (c)
14for direct and allocable indirect costs related to the public
15purposes of the Department.
16    Moneys in the Fund may be transferred to the Professions
17Indirect Cost Fund as authorized under Section 2105-300 of the
18Department of Professional Regulation Law (20 ILCS
192105/2105-300).
20    The State Comptroller shall order and the State Treasurer
21shall transfer an amount equal to $1,100,000 from the Illinois
22State Medical Disciplinary Fund to the Local Government Tax
23Fund on each of the following dates: July 1, 2014, October 1,
242014, January 1, 2015, July 1, 2017, October 1, 2017, and
25January 1, 2018. These transfers shall constitute repayment of
26the $6,600,000 transfer made under Section 6z-18 of the State

 

 

09800SB0649ham005- 34 -LRB098 04424 MGM 62414 a

1Finance Act.
2    All earnings received from investment of monies in the
3Illinois State Medical Disciplinary Fund shall be deposited in
4the Illinois State Medical Disciplinary Fund and shall be used
5for the same purposes as fees deposited in such Fund.
6    (E) Fees. The following fees are nonrefundable.
7        (1) Applicants for any examination shall be required to
8    pay, either to the Department or to the designated testing
9    service, a fee covering the cost of determining the
10    applicant's eligibility and providing the examination.
11    Failure to appear for the examination on the scheduled
12    date, at the time and place specified, after the
13    applicant's application for examination has been received
14    and acknowledged by the Department or the designated
15    testing service, shall result in the forfeiture of the
16    examination fee.
17        (2) Before July 1, 2018, the fee for a license under
18    Section 9 of this Act is $700. Beginning on July 1, 2018,
19    the fee for a license under Section 9 of this Act is $500.
20        (3) Before July 1, 2018, the fee for a license under
21    Section 19 of this Act is $700. Beginning on July 1, 2018,
22    the fee for a license under Section 19 of this Act is $500.
23        (4) Before July 1, 2018, the fee for the renewal of a
24    license for a resident of Illinois shall be calculated at
25    the rate of $230 per year, and beginning on July 1, 2018,
26    the fee for the renewal of a license shall be $167, except

 

 

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1    for licensees who were issued a license within 12 months of
2    the expiration date of the license, before July 1, 2018,
3    the fee for the renewal shall be $230, and beginning on
4    July 1, 2018 that fee will be $167. Before July 1, 2018,
5    the fee for the renewal of a license for a nonresident
6    shall be calculated at the rate of $460 per year, and
7    beginning on July 1, 2018, the fee for the renewal of a
8    license for a nonresident shall be $250, except for
9    licensees who were issued a license within 12 months of the
10    expiration date of the license, before July 1, 2018, the
11    fee for the renewal shall be $460, and beginning on July 1,
12    2018 that fee will be $250.
13        (5) The fee for the reinstatement restoration of a
14    license other than from inactive status, is $230. In
15    addition, payment of all lapsed renewal fees not to exceed
16    $1,400 is required.
17        (6) The fee for a 3-year temporary license under
18    Section 17 is $230.
19        (7) The fee for the issuance of a duplicate license,
20    for the issuance of a replacement license for a license
21    which has been lost or destroyed, or for the issuance of a
22    license with a change of name or address other than during
23    the renewal period is $20. No fee is required for name and
24    address changes on Department records when no duplicate
25    license is issued.
26        (8) The fee to be paid for a license record for any

 

 

09800SB0649ham005- 36 -LRB098 04424 MGM 62414 a

1    purpose is $20.
2        (9) The fee to be paid to have the scoring of an
3    examination, administered by the Department, reviewed and
4    verified, is $20 plus any fees charged by the applicable
5    testing service.
6        (10) The fee to be paid by a licensee for a wall
7    certificate showing his or her license shall be the actual
8    cost of producing the certificate as determined by the
9    Department.
10        (11) The fee for a roster of persons licensed as
11    physicians in this State shall be the actual cost of
12    producing such a roster as determined by the Department.
13    (F) Any person who delivers a check or other payment to the
14Department that is returned to the Department unpaid by the
15financial institution upon which it is drawn shall pay to the
16Department, in addition to the amount already owed to the
17Department, a fine of $50. The fines imposed by this Section
18are in addition to any other discipline provided under this Act
19for unlicensed practice or practice on a nonrenewed license.
20The Department shall notify the person that payment of fees and
21fines shall be paid to the Department by certified check or
22money order within 30 calendar days of the notification. If,
23after the expiration of 30 days from the date of the
24notification, the person has failed to submit the necessary
25remittance, the Department shall automatically terminate the
26license or permit certificate or deny the application, without

 

 

09800SB0649ham005- 37 -LRB098 04424 MGM 62414 a

1hearing. If, after termination or denial, the person seeks a
2license or permit certificate, he or she shall apply to the
3Department for reinstatement restoration or issuance of the
4license or permit certificate and pay all fees and fines due to
5the Department. The Department may establish a fee for the
6processing of an application for reinstatement restoration of a
7license or permit certificate to pay all expenses of processing
8this application. The Secretary may waive the fines due under
9this Section in individual cases where the Secretary finds that
10the fines would be unreasonable or unnecessarily burdensome.
11(Source: P.A. 97-622, eff. 11-23-11; 98-3, eff. 3-8-13.)
 
12    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
13    (Section scheduled to be repealed on December 31, 2014)
14    Sec. 22. Disciplinary action.
15    (A) The Department may revoke, suspend, place on probation,
16reprimand, refuse to issue or renew, or take any other
17disciplinary or non-disciplinary action as the Department may
18deem proper with regard to the license or permit of any person
19issued under this Act to practice medicine, or a chiropractic
20physician, including imposing fines not to exceed $10,000 for
21each violation, upon any of the following grounds:
22        (1) Performance of an elective abortion in any place,
23    locale, facility, or institution other than:
24            (a) a facility licensed pursuant to the Ambulatory
25        Surgical Treatment Center Act;

 

 

09800SB0649ham005- 38 -LRB098 04424 MGM 62414 a

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

 

 

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1        (4) Gross negligence in practice under this Act.
2        (5) Engaging in dishonorable, unethical or
3    unprofessional conduct of a character likely to deceive,
4    defraud or harm the public.
5        (6) Obtaining any fee by fraud, deceit, or
6    misrepresentation.
7        (7) Habitual or excessive use or abuse of drugs defined
8    in law as controlled substances, of alcohol, or of any
9    other substances which results in the inability to practice
10    with reasonable judgment, skill or safety.
11        (8) Practicing under a false or, except as provided by
12    law, an assumed name.
13        (9) Fraud or misrepresentation in applying for, or
14    procuring, a license under this Act or in connection with
15    applying for renewal of a license under this Act.
16        (10) Making a false or misleading statement regarding
17    their skill or the efficacy or value of the medicine,
18    treatment, or remedy prescribed by them at their direction
19    in the treatment of any disease or other condition of the
20    body or mind.
21        (11) Allowing another person or organization to use
22    their license, procured under this Act, to practice.
23        (12) Adverse Disciplinary action taken by of another
24    state or jurisdiction against a license or other
25    authorization to practice as a medical doctor, doctor of
26    osteopathy, doctor of osteopathic medicine or doctor of

 

 

09800SB0649ham005- 40 -LRB098 04424 MGM 62414 a

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

 

 

09800SB0649ham005- 41 -LRB098 04424 MGM 62414 a

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

 

 

09800SB0649ham005- 42 -LRB098 04424 MGM 62414 a

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

 

 

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

 

 

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

 

 

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

 

 

09800SB0649ham005- 46 -LRB098 04424 MGM 62414 a

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

 

 

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

 

 

09800SB0649ham005- 48 -LRB098 04424 MGM 62414 a

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

 

 

09800SB0649ham005- 49 -LRB098 04424 MGM 62414 a

1Licensing Board, or the Department may order the examining
2physician or any member of the multidisciplinary team to
3provide to the Department, the Disciplinary Board, or the
4Licensing Board any and all records, including business
5records, that relate to the examination and evaluation,
6including any supplemental testing performed. The Disciplinary
7Board, the Licensing Board, or the Department may order the
8examining physician or any member of the multidisciplinary team
9to present testimony concerning this examination and
10evaluation of the licensee, permit holder, or applicant,
11including testimony concerning any supplemental testing or
12documents relating to the examination and evaluation. No
13information, report, record, or other documents in any way
14related to the examination and evaluation shall be excluded by
15reason of any common law or statutory privilege relating to
16communication between the licensee, permit holder, or
17applicant and the examining physician or any member of the
18multidisciplinary team. No authorization is necessary from the
19licensee, permit holder, or applicant ordered to undergo an
20evaluation and examination for the examining physician or any
21member of the multidisciplinary team to provide information,
22reports, records, or other documents or to provide any
23testimony regarding the examination and evaluation. The
24individual to be examined may have, at his or her own expense,
25another physician of his or her choice present during all
26aspects of the examination. Failure of any individual to submit

 

 

09800SB0649ham005- 50 -LRB098 04424 MGM 62414 a

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

 

 

09800SB0649ham005- 51 -LRB098 04424 MGM 62414 a

1subject physician's record of treatment and counseling
2regarding the impairment, to the extent permitted by applicable
3federal statutes and regulations safeguarding the
4confidentiality of medical records.
5    An individual licensed under this Act, affected under this
6Section, shall be afforded an opportunity to demonstrate to the
7Disciplinary Board that they can resume practice in compliance
8with acceptable and prevailing standards under the provisions
9of their license.
10    The Department may promulgate rules for the imposition of
11fines in disciplinary cases, not to exceed $10,000 for each
12violation of this Act. Fines may be imposed in conjunction with
13other forms of disciplinary action, but shall not be the
14exclusive disposition of any disciplinary action arising out of
15conduct resulting in death or injury to a patient. Any funds
16collected from such fines shall be deposited in the Medical
17Disciplinary Fund.
18    All fines imposed under this Section shall be paid within
1960 days after the effective date of the order imposing the fine
20or in accordance with the terms set forth in the order imposing
21the fine.
22    (B) The Department shall revoke the license or permit
23issued under this Act to practice medicine or a chiropractic
24physician who has been convicted a second time of committing
25any felony under the Illinois Controlled Substances Act or the
26Methamphetamine Control and Community Protection Act, or who

 

 

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1has been convicted a second time of committing a Class 1 felony
2under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
3person whose license or permit is revoked under this subsection
4B shall be prohibited from practicing medicine or treating
5human ailments without the use of drugs and without operative
6surgery.
7    (C) The Disciplinary Board shall recommend to the
8Department civil penalties and any other appropriate
9discipline in disciplinary cases when the Board finds that a
10physician willfully performed an abortion with actual
11knowledge that the person upon whom the abortion has been
12performed is a minor or an incompetent person without notice as
13required under the Parental Notice of Abortion Act of 1995.
14Upon the Board's recommendation, the Department shall impose,
15for the first violation, a civil penalty of $1,000 and for a
16second or subsequent violation, a civil penalty of $5,000.
17(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13;
1898-668, eff. 6-25-14.)
 
19    (225 ILCS 60/24)  (from Ch. 111, par. 4400-24)
20    (Section scheduled to be repealed on December 31, 2014)
21    Sec. 24. Report of violations; medical associations.
22    (a) Any physician licensed under this Act, the Illinois
23State Medical Society, the Illinois Association of Osteopathic
24Physicians and Surgeons, the Illinois Chiropractic Society,
25the Illinois Prairie State Chiropractic Association, or any

 

 

09800SB0649ham005- 53 -LRB098 04424 MGM 62414 a

1component societies of any of these 4 groups, and any other
2person, may report to the Disciplinary Board any information
3the physician, association, society, or person may have that
4appears to show that a physician is or may be in violation of
5any of the provisions of Section 22 of this Act.
6    (b) The Department may enter into agreements with the
7Illinois State Medical Society, the Illinois Association of
8Osteopathic Physicians and Surgeons, the Illinois Prairie
9State Chiropractic Association, or the Illinois Chiropractic
10Society to allow these organizations to assist the Disciplinary
11Board in the review of alleged violations of this Act. Subject
12to the approval of the Department, any organization party to
13such an agreement may subcontract with other individuals or
14organizations to assist in review.
15    (c) Any physician, association, society, or person
16participating in good faith in the making of a report under
17this Act or participating in or assisting with an investigation
18or review under this Act shall have immunity from any civil,
19criminal, or other liability that might result by reason of
20those actions.
21    (d) The medical information in the custody of an entity
22under contract with the Department participating in an
23investigation or review shall be privileged and confidential to
24the same extent as are information and reports under the
25provisions of Part 21 of Article VIII of the Code of Civil
26Procedure.

 

 

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1    (e) Upon request by the Department after a mandatory report
2has been filed with the Department, an attorney for any party
3seeking to recover damages for injuries or death by reason of
4medical, hospital, or other healing art malpractice shall
5provide patient records related to the physician involved in
6the disciplinary proceeding to the Department within 30 days of
7the Department's request for use by the Department in any
8disciplinary matter under this Act. An attorney who provides
9patient records to the Department in accordance with this
10requirement shall not be deemed to have violated any
11attorney-client privilege. Notwithstanding any other provision
12of law, consent by a patient shall not be required for the
13provision of patient records in accordance with this
14requirement.
15    (f) For the purpose of any civil or criminal proceedings,
16the good faith of any physician, association, society or person
17shall be presumed.
18(Source: P.A. 97-622, eff. 11-23-11.)
 
19    (225 ILCS 60/33)  (from Ch. 111, par. 4400-33)
20    (Section scheduled to be repealed on December 31, 2014)
21    Sec. 33. Legend drugs.
22    (a) Any person licensed under this Act to practice medicine
23in all of its branches shall be authorized to purchase legend
24drugs requiring an order of a person authorized to prescribe
25drugs, and to dispense such legend drugs in the regular course

 

 

09800SB0649ham005- 55 -LRB098 04424 MGM 62414 a

1of practicing medicine. The dispensing of such legend drugs
2shall be the personal act of the person licensed under this Act
3and may not be delegated to any other person not licensed under
4this Act or the Pharmacy Practice Act unless such delegated
5dispensing functions are under the direct supervision of the
6physician authorized to dispense legend drugs. Except when
7dispensing manufacturers' samples or other legend drugs in a
8maximum 72 hour supply, persons licensed under this Act shall
9maintain a book or file of prescriptions as required in the
10Pharmacy Practice Act. Any person licensed under this Act who
11dispenses any drug or medicine shall dispense such drug or
12medicine in good faith and shall affix to the box, bottle,
13vessel or package containing the same a label indicating (1)
14(a) the date on which such drug or medicine is dispensed; (2)
15(b) the name of the patient; (3) (c) the last name of the
16person dispensing such drug or medicine; (4) (d) the directions
17for use thereof; and (5) (e) the proprietary name or names or,
18if there are none, the established name or names of the drug or
19medicine, the dosage and quantity, except as otherwise
20authorized by regulation of the Department.
21    (b) The foregoing labeling requirements set forth in
22subsection (a) shall not apply to drugs or medicines in a
23package which bears a label of the manufacturer containing
24information describing its contents which is in compliance with
25requirements of the Federal Food, Drug, and Cosmetic Act and
26the Illinois Food, Drug, and Cosmetic Act. "Drug" and

 

 

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1"medicine" have the meanings meaning ascribed to them in the
2Pharmacy Practice Act, as now or hereafter amended; "good
3faith" has the meaning ascribed to it in subsection (u) (v) of
4Section 102 of the Illinois Controlled Substances Act.
5"Illinois Controlled Substances Act", approved August 16,
61971, as amended.
7    (c) Prior to dispensing a prescription to a patient, the
8physician shall offer a written prescription to the patient
9which the patient may elect to have filled by the physician or
10any licensed pharmacy.
11    (d) A violation of any provision of this Section shall
12constitute a violation of this Act and shall be grounds for
13disciplinary action provided for in this Act.
14    (e) Nothing in this Section shall be construed to authorize
15a chiropractic physician to prescribe drugs.
16(Source: P.A. 97-622, eff. 11-23-11.)
 
17    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
18    (Section scheduled to be repealed on December 31, 2014)
19    Sec. 36. Investigation; notice.
20    (a) Upon the motion of either the Department or the
21Disciplinary Board or upon the verified complaint in writing of
22any person setting forth facts which, if proven, would
23constitute grounds for suspension or revocation under Section
2422 of this Act, the Department shall investigate the actions of
25any person, so accused, who holds or represents that they hold

 

 

09800SB0649ham005- 57 -LRB098 04424 MGM 62414 a

1a license. Such person is hereinafter called the accused.
2    (b) The Department shall, before suspending, revoking,
3placing on probationary status, or taking any other
4disciplinary action as the Department may deem proper with
5regard to any license at least 30 days prior to the date set
6for the hearing, notify the accused in writing of any charges
7made and the time and place for a hearing of the charges before
8the Disciplinary Board, direct them to file their written
9answer thereto to the Disciplinary Board under oath within 20
10days after the service on them of such notice and inform them
11that if they fail to file such answer default will be taken
12against them and their license may be suspended, revoked,
13placed on probationary status, or have other disciplinary
14action, including limiting the scope, nature or extent of their
15practice, as the Department may deem proper taken with regard
16thereto. The Department shall, at least 14 days prior to the
17date set for the hearing, notify in writing any person who
18filed a complaint against the accused of the time and place for
19the hearing of the charges against the accused before the
20Disciplinary Board and inform such person whether he or she may
21provide testimony at the hearing.
22    (c) Where a physician has been found, upon complaint and
23investigation of the Department, and after hearing, to have
24performed an abortion procedure in a wilful and wanton manner
25upon a woman who was not pregnant at the time such abortion
26procedure was performed, the Department shall automatically

 

 

09800SB0649ham005- 58 -LRB098 04424 MGM 62414 a

1revoke the license of such physician to practice medicine in
2Illinois.
3    (d) Such written notice and any notice in such proceedings
4thereafter may be served by delivery of the same, personally,
5to the accused person, or by mailing the same by registered or
6certified mail to the accused person's address of record.
7    (e) All information gathered by the Department during its
8investigation including information subpoenaed under Section
923 or 38 of this Act and the investigative file shall be kept
10for the confidential use of the Secretary, Disciplinary Board,
11the Medical Coordinators, persons employed by contract to
12advise the Medical Coordinator or the Department, the
13Disciplinary Board's attorneys, the medical investigative
14staff, and authorized clerical staff, as provided in this Act
15and shall be afforded the same status as is provided
16information concerning medical studies in Part 21 of Article
17VIII of the Code of Civil Procedure, except that the Department
18may disclose information and documents to a federal, State, or
19local law enforcement agency pursuant to a subpoena in an
20ongoing criminal investigation to a health care licensing body
21of this State or another state or jurisdiction pursuant to an
22official request made by that licensing body. Furthermore,
23information and documents disclosed to a federal, State, or
24local law enforcement agency may be used by that agency only
25for the investigation and prosecution of a criminal offense or,
26in the case of disclosure to a health care licensing body, only

 

 

09800SB0649ham005- 59 -LRB098 04424 MGM 62414 a

1for investigations and disciplinary action proceedings with
2regard to a license issued by that licensing body.
3(Source: P.A. 96-1372, eff. 7-29-10; 97-449, eff. 1-1-12;
497-622, eff. 11-23-11.)
 
5    (225 ILCS 60/37)  (from Ch. 111, par. 4400-37)
6    (Section scheduled to be repealed on December 31, 2014)
7    Sec. 37. Disciplinary actions.
8    (a) At the time and place fixed in the notice, the
9Disciplinary Board provided for in this Act shall proceed to
10hear the charges, and the accused person shall be accorded
11ample opportunity to present in person, or by counsel, such
12statements, testimony, evidence and argument as may be
13pertinent to the charges or to any defense thereto. The
14Disciplinary Board may continue such hearing from time to time.
15If the Disciplinary Board is not sitting at the time and place
16fixed in the notice or at the time and place to which the
17hearing has been continued, the Department shall continue such
18hearing for a period not to exceed 30 days.
19    (b) In case the accused person, after receiving notice,
20fails to file an answer, their license may, in the discretion
21of the Secretary, having received first the recommendation of
22the Disciplinary Board, be suspended, revoked or placed on
23probationary status, or the Secretary may take whatever
24disciplinary action as he or she may deem proper, including
25limiting the scope, nature, or extent of said person's

 

 

09800SB0649ham005- 60 -LRB098 04424 MGM 62414 a

1practice, without a hearing, if the act or acts charged
2constitute sufficient grounds for such action under this Act.
3    (c) The Disciplinary Board has the authority to recommend
4to the Secretary that probation be granted or that other
5disciplinary or non-disciplinary action, including the
6limitation of the scope, nature or extent of a person's
7practice, be taken as it deems proper. If disciplinary or
8non-disciplinary action, other than suspension or revocation,
9is taken the Disciplinary Board may recommend that the
10Secretary impose reasonable limitations and requirements upon
11the accused registrant to insure compliance with the terms of
12the probation or other disciplinary action including, but not
13limited to, regular reporting by the accused to the Department
14of their actions, placing themselves under the care of a
15qualified physician for treatment, or limiting their practice
16in such manner as the Secretary may require.
17    (d) The Secretary, after consultation with the Chief
18Medical Coordinator or Deputy Medical Coordinator, may
19temporarily suspend the license of a physician without a
20hearing, simultaneously with the institution of proceedings
21for a hearing provided under this Section if the Secretary
22finds that evidence in his or her possession indicates that a
23physician's continuation in practice would constitute an
24immediate danger to the public. In the event that the Secretary
25suspends, temporarily, the license of a physician without a
26hearing, a hearing by the Disciplinary Board shall be held

 

 

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1within 15 days after such suspension has occurred and shall be
2concluded without appreciable delay.
3(Source: P.A. 97-622, eff. 11-23-11.)
 
4    (225 ILCS 60/38)  (from Ch. 111, par. 4400-38)
5    (Section scheduled to be repealed on December 31, 2014)
6    Sec. 38. Subpoena; oaths.
7    (a) The Disciplinary Board or Department has power to
8subpoena and bring before it any person in this State and to
9take testimony either orally or by deposition, or both, with
10the same fees and mileage and in the same manner as is
11prescribed by law for judicial procedure in civil cases.
12    (b) The Disciplinary Board, upon a determination that
13probable cause exists that a violation of one or more of the
14grounds for discipline listed in Section 22 has occurred or is
15occurring, may subpoena the medical and hospital records of
16individual patients of physicians licensed under this Act,
17provided, that prior to the submission of such records to the
18Disciplinary Board, all information indicating the identity of
19the patient shall be removed and deleted. Notwithstanding the
20foregoing, the Disciplinary Board and Department shall possess
21the power to subpoena copies of hospital or medical records in
22mandatory report cases under Section 23 alleging death or
23permanent bodily injury when consent to obtain records is not
24provided by a patient or legal representative. Prior to
25submission of the records to the Disciplinary Board, all

 

 

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1information indicating the identity of the patient shall be
2removed and deleted. All medical records and other information
3received pursuant to subpoena shall be confidential and shall
4be afforded the same status as is proved information concerning
5medical studies in Part 21 of Article VIII of the Code of Civil
6Procedure. The use of such records shall be restricted to
7members of the Disciplinary Board, the medical coordinators,
8and appropriate staff of the Department designated by the
9Disciplinary Board for the purpose of determining the existence
10of one or more grounds for discipline of the physician as
11provided for by Section 22 of this Act. Any such review of
12individual patients' records shall be conducted by the
13Disciplinary Board in strict confidentiality, provided that
14such patient records shall be admissible in a disciplinary
15hearing, before the Disciplinary Board, when necessary to
16substantiate the grounds for discipline alleged against the
17physician licensed under this Act, and provided further, that
18nothing herein shall be deemed to supersede the provisions of
19Part 21 of Article VIII of the "Code of Civil Procedure", as
20now or hereafter amended, to the extent applicable.
21    (c) The Secretary, and any member of the Disciplinary Board
22each have power to administer oaths at any hearing which the
23Disciplinary Board or Department is authorized by law to
24conduct.
25    (d) The Disciplinary Board, upon a determination that
26probable cause exists that a violation of one or more of the

 

 

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1grounds for discipline listed in Section 22 has occurred or is
2occurring on the business premises of a physician licensed
3under this Act, may issue an order authorizing an appropriately
4qualified investigator employed by the Department to enter upon
5the business premises with due consideration for patient care
6of the subject of the investigation so as to inspect the
7physical premises and equipment and furnishings therein. No
8such order shall include the right of inspection of business,
9medical, or personnel records located on the premises. For
10purposes of this Section, "business premises" is defined as the
11office or offices where the physician conducts the practice of
12medicine. Any such order shall expire and become void five
13business days after its issuance by the Disciplinary Board. The
14execution of any such order shall be valid only during the
15normal business hours of the facility or office to be
16inspected.
17(Source: P.A. 97-622, eff. 11-23-11.)
 
18    (225 ILCS 60/40)  (from Ch. 111, par. 4400-40)
19    (Section scheduled to be repealed on December 31, 2014)
20    Sec. 40. Findings and recommendations; rehearing.
21    (a) The Disciplinary Board shall present to the Secretary a
22written report of its findings and recommendations. A copy of
23such report shall be served upon the accused person, either
24personally or by registered or certified mail. Within 20 days
25after such service, the accused person may present to the

 

 

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1Department their motion, in writing, for a rehearing, which
2written motion shall specify the particular ground therefor. If
3the accused person orders and pays for a transcript of the
4record as provided in Section 39, the time elapsing thereafter
5and before such transcript is ready for delivery to them shall
6not be counted as part of such 20 days.
7    (b) At the expiration of the time allowed for filing a
8motion for rehearing, the Secretary may take the action
9recommended by the Disciplinary Board. Upon the suspension,
10revocation, placement on probationary status, or the taking of
11any other disciplinary action, including the limiting of the
12scope, nature, or extent of one's practice, deemed proper by
13the Department, with regard to the license or , certificate or
14visiting professor permit, the accused shall surrender their
15license or permit to the Department, if ordered to do so by the
16Department, and upon their failure or refusal so to do, the
17Department may seize the same.
18    (c) Each certificate of order of revocation, suspension, or
19other disciplinary action shall contain a brief, concise
20statement of the ground or grounds upon which the Department's
21action is based, as well as the specific terms and conditions
22of such action. This document shall be retained as a permanent
23record by the Disciplinary Board and the Secretary.
24    (d) The Department shall at least annually publish a list
25of the names of all persons disciplined under this Act in the
26preceding 12 months. Such lists shall be available by the

 

 

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1Department on its website.
2    (e) In those instances where an order of revocation,
3suspension, or other disciplinary action has been rendered by
4virtue of a physician's physical illness, including, but not
5limited to, deterioration through the aging process, or loss of
6motor skill which results in a physician's inability to
7practice medicine with reasonable judgment, skill, or safety,
8the Department shall only permit this document, and the record
9of the hearing incident thereto, to be observed, inspected,
10viewed, or copied pursuant to court order.
11(Source: P.A. 97-622, eff. 11-23-11.)
 
12    (225 ILCS 60/41)  (from Ch. 111, par. 4400-41)
13    (Section scheduled to be repealed on December 31, 2014)
14    Sec. 41. Administrative review; certification of record.
15    (a) All final administrative decisions of the Department
16are subject to judicial review pursuant to the Administrative
17Review Law and its rules. The term "administrative decision" is
18defined as in Section 3-101 of the Code of Civil Procedure.
19    (b) Proceedings for judicial review shall be commenced in
20the circuit court of the county in which the party applying for
21review resides; but if the party is not a resident of this
22State, the venue shall be in Sangamon County.
23    (c) The Department shall not be required to certify any
24record to the court, to file an answer in court, or to
25otherwise appear in any court in a judicial review proceeding

 

 

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1unless and until the Department has received from the plaintiff
2payment of the costs of furnishing and certifying the record,
3which costs shall be determined by the Department. Exhibits
4shall be certified without cost. Failure on the part of the
5plaintiff to file a receipt in court shall be grounds for
6dismissal of the action. During the pendency and hearing of any
7and all judicial proceedings incident to the disciplinary
8action the sanctions imposed upon the accused by the Department
9because of acts or omissions related to the delivery of direct
10patient care as specified in the Department's final
11administrative decision, shall as a matter of public policy
12remain in full force and effect in order to protect the public
13pending final resolution of any of the proceedings.
14(Source: P.A. 97-622, eff. 11-23-11.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".