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90_SB1450
225 ILCS 60/1.5 new
225 ILCS 60/7 from Ch. 111, par. 4400-7
225 ILCS 60/7.5 new
225 ILCS 60/9 from Ch. 111, par. 4400-9
225 ILCS 60/21 from Ch. 111, par. 4400-21
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 60/23 from Ch. 111, par. 4400-23
225 ILCS 60/24 from Ch. 111, par. 4400-24
225 ILCS 60/36 from Ch. 111, par. 4400-36
225 ILCS 60/37 from Ch. 111, par. 4400-37
225 ILCS 60/40 from Ch. 111, par. 4400-40
225 ILCS 60/65 new
225 ILCS 60/70 new
225 ILCS 60/75 new
Amends the Medical Practice Act of 1987 to make changes
concerning the purpose of the Act, the public members of the
Disciplinary Board, creating a public review board, verifying
an applicant's education credentials, requiring an applicant
to make certain disclosures, using national data bases when
reviewing applications, staggering license expiration dates,
requiring proof of professional liability insurance,
negligence, the standard of proof for grounds for discipline,
complaints, requiring licensees, associations, and societies
to report violations, disclosing nonconfidential information,
establishing a hotline, and establishing a public education
program. Effective immediately.
LRB9009854NTsb
LRB9009854NTsb
1 AN ACT concerning the practice of medicine, amending a
2 named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Medical Practice Act of 1987 is amended
6 by adding Sections 1.5, 7.5, 65, 70, and 75 and changing
7 Sections 7, 9, 21, 22, 23, 24, 36, 37, and 40 as follows:
8 (225 ILCS 60/1.5 new)
9 Sec. 1.5. Purpose. The purpose of this Act is to
10 protect the public.
11 (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
12 Sec. 7. Medical Disciplinary Board.
13 (A) There is hereby created the Illinois State Medical
14 Disciplinary Board (hereinafter referred to as the
15 "Disciplinary Board"). The Disciplinary Board shall consist
16 of 9 members, to be appointed by the Governor by and with the
17 advice and consent of the Senate. All shall be residents of
18 the State, not more than 5 of whom shall be members of the
19 same political party. Five members shall be physicians
20 licensed to practice medicine in all of its branches in
21 Illinois possessing the degree of doctor of medicine. Two
22 shall be members of the public, who represent consumers and
23 who shall not be engaged in any way, directly or indirectly,
24 as providers of health care. The 2 public members shall act
25 as nonvoting, ex-officio members and shall not be considered
26 in determining the existence, or lack of existence, of a
27 quorum for all purposes for which a quorum may be called
28 pursuant to this Act. One member shall be a physician
29 licensed to practice in Illinois possessing the degree of
30 doctor of osteopathy or osteopathic medicine. One member
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1 shall be a physician licensed to practice in Illinois and
2 possessing the degree of doctor of chiropractic.
3 (B) Members of the Disciplinary Board shall be appointed
4 for terms of 4 years. Upon the expiration of the term of any
5 member, their successor shall be appointed for a term of 4
6 years by the Governor by and with the advice and consent of
7 the Senate. The Governor shall fill any vacancy for the
8 remainder of the unexpired term by and with the advice and
9 consent of the Senate. Upon recommendation of the Board, any
10 member of the Disciplinary Board may be removed by the
11 Governor for misfeasance, malfeasance, or wilful neglect of
12 duty, after notice, and a public hearing, unless such notice
13 and hearing shall be expressly waived in writing. Each
14 member shall serve on the Disciplinary Board until their
15 successor is appointed and qualified. No member of the
16 Disciplinary Board shall serve more than 2 consecutive 4 year
17 terms.
18 In making appointments the Governor shall attempt to
19 insure that the various social and geographic regions of the
20 State of Illinois are properly represented.
21 In making the designation of persons to act for the
22 several professions represented on the Disciplinary Board,
23 the Governor shall give due consideration to recommendations
24 by members of the respective professions and by organizations
25 therein.
26 (C) The Disciplinary Board shall annually elect one of
27 its voting members as chairperson and one as vice
28 chairperson. No officer shall be elected more than twice in
29 succession to the same office. Each officer shall serve
30 until their successor has been elected and qualified.
31 (D) (Blank).
32 (E) Four voting members of the Disciplinary Board shall
33 constitute a quorum. A vacancy in the membership of the
34 Disciplinary Board shall not impair the right of a quorum to
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1 exercise all the rights and perform all the duties of the
2 Disciplinary Board. Any action taken by the Disciplinary
3 Board under this Act may be authorized by resolution at any
4 regular or special meeting and each such resolution shall
5 take effect immediately. The Disciplinary Board shall meet
6 at least quarterly. The Disciplinary Board is empowered to
7 adopt all rules and regulations necessary and incident to the
8 powers granted to it under this Act.
9 (F) Each member, and member-officer, of the Disciplinary
10 Board shall receive a per diem stipend as the Director of the
11 Department, hereinafter referred to as the Director, shall
12 determine. The Director shall also determine the per diem
13 stipend that each ex-officio member shall receive. Each
14 member shall be paid their necessary expenses while engaged
15 in the performance of their duties.
16 (G) The Director shall select a Chief Medical
17 Coordinator and a Deputy Medical Coordinator who shall not be
18 members of the Disciplinary Board. Each medical coordinator
19 shall be a physician licensed to practice medicine in all of
20 its branches, and the Director shall set their rates of
21 compensation. The Director shall assign one medical
22 coordinator to a region composed of Cook County and such
23 other counties as the Director may deem appropriate, and such
24 medical coordinator shall locate their office in Chicago.
25 The Director shall assign the remaining medical coordinator
26 to a region composed of the balance of counties in the State,
27 and such medical coordinator shall locate their office in
28 Springfield. Each medical coordinator shall be the chief
29 enforcement officer of this Act in their assigned region and
30 shall serve at the will of the Disciplinary Board.
31 The Director shall employ, in conformity with the
32 Personnel Code, not less than one full time investigator for
33 every 5000 physicians licensed in the State. Each
34 investigator shall be a college graduate with at least 2
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1 years' investigative experience or one year advanced medical
2 education. Upon the written request of the Disciplinary
3 Board, the Director shall employ, in conformity with the
4 Personnel Code, such other professional, technical,
5 investigative, and clerical help, either on a full or
6 part-time basis as the Disciplinary Board deems necessary for
7 the proper performance of its duties.
8 (H) Upon the specific request of the Disciplinary Board,
9 signed by either the chairman, vice chairman, or a medical
10 coordinator of the Disciplinary Board, the Department of
11 Human Services or the Department of State Police shall make
12 available any and all information that they have in their
13 possession regarding a particular case then under
14 investigation by the Disciplinary Board.
15 (I) Members of the Disciplinary Board shall be immune
16 from suit in any action based upon any disciplinary
17 proceedings or other acts performed in good faith as members
18 of the Disciplinary Board.
19 (J) The Disciplinary Board may compile and establish a
20 statewide roster of physicians and other medical
21 professionals, including the several medical specialties, of
22 such physicians and medical professionals, who have agreed to
23 serve from time to time as advisors to the medical
24 coordinators. Such advisors shall assist the medical
25 coordinators in their investigations and participation in
26 complaints against physicians. Such advisors shall serve
27 under contract and shall be reimbursed at a reasonable rate
28 for the services provided, plus reasonable expenses incurred.
29 While serving in this capacity, the advisor, for any act
30 undertaken in good faith and in the conduct of their duties
31 under this Section, shall be immune from civil suit.
32 (Source: P.A. 89-507, eff. 7-1-97; 89-702, eff. 7-1-97.)
33 (225 ILCS 60/7.5 new)
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1 Sec. 7.5. Public review board. The Department shall
2 create a public review board composed of public members.
3 This public review board shall have the following powers:
4 (1) to review appeals of dismissed complaints;
5 (2) to conduct its own investigation if the
6 Disciplinary Board fails to act on a complaint within 120
7 days;
8 (3) to recruit and train public members of the
9 Disciplinary Board; and
10 (4) to monitor the medical practice system.
11 The Department shall promulgate rules to implement this
12 Section.
13 (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
14 Sec. 9. Application for license. Each applicant for a
15 license shall:
16 (A) Make application on blank forms prepared and
17 furnished by the Department of Professional Regulation
18 hereinafter referred to as the Department.
19 (B) Submit evidence satisfactory to the Department
20 that the applicant:
21 (1) is of good moral character. In
22 determining moral character under this Section, the
23 Department may take into consideration whether the
24 applicant has engaged in conduct or activities which
25 would constitute grounds for discipline under this
26 Act. The Department may also request the applicant
27 to submit, and may consider as evidence of moral
28 character, endorsements from 2 or 3 individuals
29 licensed under this Act;
30 (2) has the preliminary and professional
31 education required by this Act;
32 (3) (blank); and
33 (3.5) has a professional liability insurance
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1 policy; and
2 (4) is physically, mentally, and
3 professionally capable of practicing medicine with
4 reasonable judgment, skill, and safety. In
5 determining physical, mental and professional
6 capacity under this Section, the Medical Licensing
7 Board may, upon a showing of a possible incapacity,
8 compel any applicant to submit to a mental or
9 physical examination, or both. The Licensing Board
10 may condition or restrict any license, subject to
11 the same terms and conditions as are provided for
12 the Medical Disciplinary Board under Section 22 of
13 this Act. Any such condition of a restricted
14 license shall provide that the Chief Medical
15 Coordinator or Deputy Medical Coordinator shall have
16 the authority to review the subject physician's
17 compliance with such conditions or restrictions,
18 including, where appropriate, the physician's record
19 of treatment and counseling regarding the
20 impairment, to the extent permitted by applicable
21 federal statutes and regulations safeguarding the
22 confidentiality of medical records of patients.
23 In determining professional capacity under this
24 Section any individual who has not been actively engaged
25 in the practice of medicine or as a medical, osteopathic,
26 or chiropractic student or who has not been engaged in a
27 formal program of medical education during the 2 years
28 immediately preceding their application may be required
29 to complete such additional testing, training, or
30 remedial education as the Licensing Board may deem
31 necessary in order to establish the applicant's present
32 capacity to practice medicine with reasonable judgment,
33 skill, and safety.
34 (C) Designate specifically the name, location, and
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1 kind of professional school, college, or institution of
2 which the applicant is a graduate, which the Department
3 shall verify, and the category under which the applicant
4 seeks, and will undertake, to practice.
5 (D) Pay to the Department at the time of
6 application the required fees.
7 (E) Pursuant to Department rules, as required, pass
8 an examination authorized by the Department to determine
9 the applicant's fitness to receive a license.
10 (F) Complete the application process within 3 years
11 from the date of application. If the process has not
12 been completed within 3 years, the application shall be
13 denied, application fees shall be forfeited, and the
14 applicant must reapply and meet the requirements in
15 effect at the time of reapplication.
16 (G) Designate specifically the name and location of
17 any place where the applicant has held a medical position
18 since graduating from a professional school, college, or
19 institution.
20 (H) Disclose any employment terminations.
21 (I) Disclose any personal drug or alcohol abuse or
22 addiction.
23 (J) Disclose any payments made by the applicant or
24 on the applicant's behalf because of a settlement or
25 award arising from a liability claim based on the
26 allegation that the applicant was negligent in furnishing
27 medical care.
28 (K) Disclose all applications for clinical
29 privileges at health care institutions that have been
30 approved, denied, or withdrawn.
31 The Department shall use the American Medical Association
32 Physician Masterfile, the National Practitioner Data Bank,
33 the Federation of State Medical Boards Action Data Bank, and
34 other national data bases when reviewing applications.
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1 (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97.)
2 (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
3 Sec. 21. License renewal; restoration; inactive status;
4 disposition and collection of fees.
5 (A) Renewal. The expiration date and renewal period for
6 each license issued under this Act shall be set by rule,
7 except that the expiration date for licenses shall be
8 staggered. The holder of a license may renew such license by
9 paying the required fee. The holder of a license may also
10 renew the license within 90 days after its expiration by
11 complying with the requirements for renewal and payment of an
12 additional fee. A license renewal within 90 days after
13 expiration shall be effective retroactively to the expiration
14 date.
15 The Department shall mail to each licensee under this
16 Act, to their last known place of address, at least 60 days
17 in advance of the expiration date of their license, a notice
18 of that fact and an application for renewal form. No such
19 license shall be deemed to have lapsed until 90 days after
20 the expiration date and after such notice and application
21 have been mailed by the Department as herein provided.
22 (B) Restoration. Any licensee who has permitted their
23 license to lapse or who has had their license on inactive
24 status may have their license restored by making application
25 to the Department and filing proof acceptable to the
26 Department of their fitness to have their license restored,
27 including evidence certifying to active practice in another
28 jurisdiction satisfactory to the Department, proof of meeting
29 the continuing education requirements for one renewal period,
30 and by paying the required restoration fee.
31 If the licensee has not maintained an active practice in
32 another jurisdiction satisfactory to the Department, the
33 Licensing Board shall determine, by an evaluation program
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1 established by rule, their fitness to resume active status
2 and may require the licensee to complete a period of
3 evaluated clinical experience and may require successful
4 completion of the practical examination.
5 However, any registrant whose license has expired while
6 they have been engaged (a) in Federal Service on active duty
7 with the Army of the United States, the United States Navy,
8 the Marine Corps, the Air Force, the Coast Guard, the Public
9 Health Service or the State Militia called into the service
10 or training of the United States of America, or (b) in
11 training or education under the supervision of the United
12 States preliminary to induction into the military service,
13 may have their license reinstated or restored without paying
14 any lapsed renewal fees, if within 2 years after honorable
15 termination of such service, training or education, they
16 furnish the Department with satisfactory evidence to the
17 effect that they have been so engaged and that their service,
18 training or education has been so terminated.
19 (C) Inactive licenses. Any licensee who notifies the
20 Department, in writing on forms prescribed by the Department,
21 may elect to place their license on an inactive status and
22 shall, subject to rules of the Department, be excused from
23 payment of renewal fees until they notify the Department in
24 writing of their desire to resume active status.
25 Any licensee requesting restoration from inactive status
26 shall be required to pay the current renewal fee, provide
27 proof of meeting the continuing education requirements for
28 the period of time the license is inactive not to exceed one
29 renewal period, and shall be required to restore their
30 license, as provided in subsection (B).
31 Any licensee whose license is in an inactive status shall
32 not practice in the State of Illinois.
33 (D) Disposition of monies collected. All monies
34 collected under this Act by the Department shall be deposited
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1 in the Illinois State Medical Disciplinary Fund in the State
2 Treasury, and used only for the following purposes: (a) by
3 the Medical Disciplinary Board in the exercise of its powers
4 and performance of its duties, as such use is made by the
5 Department with full consideration of all recommendations of
6 the Medical Disciplinary Board, (b) for costs directly
7 related to persons licensed under this Act, and (c) for
8 direct and allocable indirect costs related to the public
9 purposes of the Department of Professional Regulation.
10 Moneys in the Fund may be transferred to the Professions
11 Indirect Cost Fund as authorized under Section 61e of the
12 Civil Administrative Code of Illinois.
13 All earnings received from investment of monies in the
14 Illinois State Medical Disciplinary Fund shall be deposited
15 in the Illinois State Medical Disciplinary Fund and shall be
16 used for the same purposes as fees deposited in such fund.
17 (E) Fees. The following fees are nonrefundable.
18 (1) Applicants for any examination shall be
19 required to pay, either to the Department or to the
20 designated testing service, a fee covering the cost of
21 determining the applicant's eligibility and providing the
22 examination. Failure to appear for the examination on the
23 scheduled date, at the time and place specified, after
24 the applicant's application for examination has been
25 received and acknowledged by the Department or the
26 designated testing service, shall result in the
27 forfeiture of the examination fee.
28 (2) The fee for a license under Section 9 of this
29 Act is $300.
30 (3) The fee for a license under Section 19 of this
31 Act is $300.
32 (4) The fee for the renewal of a license for a
33 resident of Illinois shall be calculated at the rate of
34 $100 per year, except for licensees who were issued a
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1 license within 12 months of the expiration date of the
2 license, the fee for the renewal shall be $100. The fee
3 for the renewal of a license for a nonresident shall be
4 calculated at the rate of $200 per year, except for
5 licensees who were issued a license within 12 months of
6 the expiration date of the license, the fee for the
7 renewal shall be $200.
8 (5) The fee for the restoration of a license other
9 than from inactive status, is $100. In addition payment
10 of all lapsed renewal fees not to exceed $600 is
11 required.
12 (6) The fee for a 3-year temporary license under
13 Section 17 is $100.
14 (7) The fee for the issuance of a duplicate
15 license, for the issuance of a replacement license for a
16 license which has been lost or destroyed or for the
17 issuance of a license with a change of name or address
18 other than during the renewal period is $20. No fee is
19 required for name and address changes on Department
20 records when no duplicate license is issued.
21 (8) The fee to be paid for a license record for any
22 purpose is $20.
23 (9) The fee to be paid to have the scoring of an
24 examination, administered by the Department, reviewed and
25 verified, is $20 plus any fees charged by the applicable
26 testing service.
27 (10) The fee to be paid by a licensee for a wall
28 certificate showing their license shall be the actual
29 cost of producing such certificate.
30 (11) The fee for a roster of persons licensed as
31 physicians in this State shall be the actual cost of
32 producing such a roster.
33 (F) Any person who delivers a check or other payment to
34 the Department that is returned to the Department unpaid by
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1 the financial institution upon which it is drawn shall pay to
2 the Department, in addition to the amount already owed to the
3 Department, a fine of $50. If the check or other payment was
4 for a renewal or issuance fee and that person practices
5 without paying the renewal fee or issuance fee and the fine
6 due, an additional fine of $100 shall be imposed. The fines
7 imposed by this Section are in addition to any other
8 discipline provided under this Act for unlicensed practice or
9 practice on a nonrenewed license. The Department shall notify
10 the person that payment of fees and fines shall be paid to
11 the Department by certified check or money order within 30
12 calendar days of the notification. If, after the expiration
13 of 30 days from the date of the notification, the person has
14 failed to submit the necessary remittance, the Department
15 shall automatically terminate the license or certificate or
16 deny the application, without hearing. If, after termination
17 or denial, the person seeks a license or certificate, he or
18 she shall apply to the Department for restoration or issuance
19 of the license or certificate and pay all fees and fines due
20 to the Department. The Department may establish a fee for the
21 processing of an application for restoration of a license or
22 certificate to pay all expenses of processing this
23 application. The Director may waive the fines due under this
24 Section in individual cases where the Director finds that the
25 fines would be unreasonable or unnecessarily burdensome.
26 (G) An applicant for renewal or restoration of a license
27 shall:
28 (1) Designate specifically the name and location of
29 any place where the applicant has held a medical position
30 since graduating from a professional school, college, or
31 institution.
32 (2) Disclose any employment terminations.
33 (3) Submit evidence satisfactory to the Department
34 that the applicant has a professional liability insurance
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1 policy.
2 (4) Disclose all applications for clinical
3 privileges at health care institutions that have been
4 approved, denied, or withdrawn.
5 (5) Disclose any criminal convictions and United
6 State Drug Enforcement Agency license restrictions.
7 (Source: P.A. 88-246; 89-204, eff. 1-1-96; 89-702, eff.
8 7-1-97.)
9 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
10 Sec. 22. Disciplinary action.
11 (A) The Department may revoke, suspend, place on
12 probationary status, or take any other disciplinary action as
13 the Department may deem proper with regard to the license or
14 visiting professor permit of any person issued under this Act
15 to practice medicine, or to treat human ailments without the
16 use of drugs and without operative surgery upon any of the
17 following grounds:
18 (1) Performance of an elective abortion in any
19 place, locale, facility, or institution other than:
20 (a) a facility licensed pursuant to the
21 Ambulatory Surgical Treatment Center Act;
22 (b) an institution licensed under the Hospital
23 Licensing Act; or
24 (c) an ambulatory surgical treatment center or
25 hospitalization or care facility maintained by the
26 State or any agency thereof, where such department
27 or agency has authority under law to establish and
28 enforce standards for the ambulatory surgical
29 treatment centers, hospitalization, or care
30 facilities under its management and control; or
31 (d) ambulatory surgical treatment centers,
32 hospitalization or care facilities maintained by the
33 Federal Government; or
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1 (e) ambulatory surgical treatment centers,
2 hospitalization or care facilities maintained by any
3 university or college established under the laws of
4 this State and supported principally by public funds
5 raised by taxation.
6 (2) Performance of an abortion procedure in a
7 wilful and wanton manner on a woman who was not pregnant
8 at the time the abortion procedure was performed.
9 (3) The conviction of a felony in this or any other
10 jurisdiction, except as otherwise provided in subsection
11 B of this Section, whether or not related to practice
12 under this Act, or the entry of a guilty or nolo
13 contendere plea to a felony charge.
14 (4) Gross Negligence in practice under this Act.
15 (5) Engaging in dishonorable, unethical or
16 unprofessional conduct of a character likely to deceive,
17 defraud or harm the public.
18 (6) Obtaining any fee by fraud, deceit, or
19 misrepresentation.
20 (7) Habitual or excessive use or abuse of drugs
21 defined in law as controlled substances, of alcohol, or
22 of any other substances which results in the inability to
23 practice with reasonable judgment, skill or safety.
24 (8) Practicing under a false or, except as provided
25 by law, an assumed name.
26 (9) Fraud or misrepresentation in applying for, or
27 procuring, a license under this Act or in connection with
28 applying for renewal of a license under this Act.
29 (10) Making a false or misleading statement
30 regarding their skill or the efficacy or value of the
31 medicine, treatment, or remedy prescribed by them at
32 their direction in the treatment of any disease or other
33 condition of the body or mind.
34 (11) Allowing another person or organization to use
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1 their license, procured under this Act, to practice.
2 (12) Disciplinary action of another state or
3 jurisdiction against a license or other authorization to
4 practice as a medical doctor, doctor of osteopathy,
5 doctor of osteopathic medicine or doctor of chiropractic,
6 a certified copy of the record of the action taken by the
7 other state or jurisdiction being prima facie evidence
8 thereof.
9 (13) Violation of any provision of this Act or of
10 the Medical Practice Act prior to the repeal of that Act,
11 or violation of the rules, or a final administrative
12 action of the Director, after consideration of the
13 recommendation of the Disciplinary Board.
14 (14) Dividing with anyone other than physicians
15 with whom the licensee practices in a partnership,
16 Professional Association, limited liability company, or
17 Medical or Professional Corporation any fee, commission,
18 rebate or other form of compensation for any professional
19 services not actually and personally rendered. Nothing
20 contained in this subsection prohibits persons holding
21 valid and current licenses under this Act from practicing
22 medicine in partnership under a partnership agreement,
23 including a limited liability partnership, in a limited
24 liability company under the Limited Liability Company
25 Act, in a corporation authorized by the Medical
26 Corporation Act, as an association authorized by the
27 Professional Association Act, or in a corporation under
28 the Professional Corporation Act or from pooling,
29 sharing, dividing or apportioning the fees and monies
30 received by them or by the partnership, corporation or
31 association in accordance with the partnership agreement
32 or the policies of the Board of Directors of the
33 corporation or association. Nothing contained in this
34 subsection prohibits 2 or more corporations authorized by
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1 the Medical Corporation Act, from forming a partnership
2 or joint venture of such corporations, and providing
3 medical, surgical and scientific research and knowledge
4 by employees of these corporations if such employees are
5 licensed under this Act, or from pooling, sharing,
6 dividing, or apportioning the fees and monies received by
7 the partnership or joint venture in accordance with the
8 partnership or joint venture agreement. Nothing
9 contained in this subsection shall abrogate the right of
10 2 or more persons, holding valid and current licenses
11 under this Act, to each receive adequate compensation for
12 concurrently rendering professional services to a patient
13 and divide a fee; provided, the patient has full
14 knowledge of the division, and, provided, that the
15 division is made in proportion to the services performed
16 and responsibility assumed by each.
17 (15) A finding by the Medical Disciplinary Board
18 that the registrant after having his or her license
19 placed on probationary status or subjected to conditions
20 or restrictions violated the terms of the probation or
21 failed to comply with such terms or conditions.
22 (16) Abandonment of a patient.
23 (17) Prescribing, selling, administering,
24 distributing, giving or self-administering any drug
25 classified as a controlled substance (designated product)
26 or narcotic for other than medically accepted therapeutic
27 purposes.
28 (18) Promotion of the sale of drugs, devices,
29 appliances or goods provided for a patient in such manner
30 as to exploit the patient for financial gain of the
31 physician.
32 (19) Offering, undertaking or agreeing to cure or
33 treat disease by a secret method, procedure, treatment or
34 medicine, or the treating, operating or prescribing for
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1 any human condition by a method, means or procedure which
2 the licensee refuses to divulge upon demand of the
3 Department.
4 (20) Immoral conduct in the commission of any act
5 including, but not limited to, commission of an act of
6 sexual misconduct related to the licensee's practice.
7 (21) Wilfully making or filing false records or
8 reports in his or her practice as a physician, including,
9 but not limited to, false records to support claims
10 against the medical assistance program of the Department
11 of Public Aid under the Illinois Public Aid Code.
12 (22) Wilful omission to file or record, or wilfully
13 impeding the filing or recording, or inducing another
14 person to omit to file or record, medical reports as
15 required by law, or wilfully failing to report an
16 instance of suspected abuse or neglect as required by
17 law.
18 (23) Being named as a perpetrator in an indicated
19 report by the Department of Children and Family Services
20 under the Abused and Neglected Child Reporting Act, and
21 upon proof by clear and convincing evidence that the
22 licensee has caused a child to be an abused child or
23 neglected child as defined in the Abused and Neglected
24 Child Reporting Act.
25 (24) Solicitation of professional patronage by any
26 corporation, agents or persons, or profiting from those
27 representing themselves to be agents of the licensee.
28 (25) Gross and wilful and continued overcharging
29 for professional services, including filing false
30 statements for collection of fees for which services are
31 not rendered, including, but not limited to, filing such
32 false statements for collection of monies for services
33 not rendered from the medical assistance program of the
34 Department of Public Aid under the Illinois Public Aid
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1 Code.
2 (26) A pattern of practice or other behavior which
3 demonstrates incapacity or incompetence to practice under
4 this Act.
5 (27) Mental illness or disability which results in
6 the inability to practice under this Act with reasonable
7 judgment, skill or safety.
8 (28) Physical illness, including, but not limited
9 to, deterioration through the aging process, or loss of
10 motor skill which results in a physician's inability to
11 practice under this Act with reasonable judgment, skill
12 or safety.
13 (29) Cheating on or attempt to subvert the
14 licensing examinations administered under this Act.
15 (30) Wilfully or negligently violating the
16 confidentiality between physician and patient except as
17 required by law.
18 (31) The use of any false, fraudulent, or deceptive
19 statement in any document connected with practice under
20 this Act.
21 (32) Aiding and abetting an individual not licensed
22 under this Act in the practice of a profession licensed
23 under this Act.
24 (33) Violating state or federal laws or regulations
25 relating to controlled substances.
26 (34) Failure to report to the Department any
27 adverse final action taken against them by another
28 licensing jurisdiction (any other state or any territory
29 of the United States or any foreign state or country), by
30 any peer review body, by any health care institution, by
31 any professional society or association related to
32 practice under this Act, by any governmental agency, by
33 any law enforcement agency, or by any court for acts or
34 conduct similar to acts or conduct which would constitute
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1 grounds for action as defined in this Section.
2 (35) Failure to report to the Department surrender
3 of a license or authorization to practice as a medical
4 doctor, a doctor of osteopathy, a doctor of osteopathic
5 medicine, or doctor of chiropractic in another state or
6 jurisdiction, or surrender of membership on any medical
7 staff or in any medical or professional association or
8 society, while under disciplinary investigation by any of
9 those authorities or bodies, for acts or conduct similar
10 to acts or conduct which would constitute grounds for
11 action as defined in this Section.
12 (36) Failure to report to the Department any
13 adverse judgment, settlement, or award arising from a
14 liability claim related to acts or conduct similar to
15 acts or conduct which would constitute grounds for action
16 as defined in this Section.
17 (37) Failure to transfer copies of medical records
18 as required by law.
19 (38) Failure to furnish the Department, its
20 investigators or representatives, relevant information,
21 legally requested by the Department after consultation
22 with the Chief Medical Coordinator or the Deputy Medical
23 Coordinator.
24 (39) Violating the Health Care Worker Self-Referral
25 Act.
26 (40) Willful failure to provide notice when notice
27 is required under the Parental Notice of Abortion Act of
28 1995.
29 (41) Failure to establish and maintain records of
30 patient care and treatment as required by this law.
31 All proceedings to suspend, revoke, place on probationary
32 status, or take any other disciplinary action as the
33 Department may deem proper, with regard to a license on any
34 of the foregoing grounds, must be commenced within 3 years
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1 next after receipt by the Department of a complaint alleging
2 the commission of or notice of the conviction order for any
3 of the acts described herein. Except for the grounds
4 numbered (8), (9) and (29), no action shall be commenced more
5 than 5 years after the date of the incident or act alleged to
6 have violated this Section. In the event of the settlement
7 of any claim or cause of action in favor of the claimant or
8 the reduction to final judgment of any civil action in favor
9 of the plaintiff, such claim, cause of action or civil action
10 being grounded on the allegation that a person licensed under
11 this Act was negligent in providing care, the Department
12 shall have an additional period of one year from the date of
13 notification to the Department under Section 23 of this Act
14 of such settlement or final judgment in which to investigate
15 and commence formal disciplinary proceedings under Section 36
16 of this Act, except as otherwise provided by law. The time
17 during which the holder of the license was outside the State
18 of Illinois shall not be included within any period of time
19 limiting the commencement of disciplinary action by the
20 Department. Except as otherwise provided in this Section,
21 proof of any of the grounds listed in this subsection (A)
22 shall be by a preponderance of the evidence.
23 The entry of an order or judgment by any circuit court
24 establishing that any person holding a license under this Act
25 is a person in need of mental treatment operates as a
26 suspension of that license. That person may resume their
27 practice only upon the entry of a Departmental order based
28 upon a finding by the Medical Disciplinary Board that they
29 have been determined to be recovered from mental illness by
30 the court and upon the Disciplinary Board's recommendation
31 that they be permitted to resume their practice.
32 The Department may refuse to issue or take disciplinary
33 action concerning the license of any person who fails to file
34 a return, or to pay the tax, penalty or interest shown in a
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1 filed return, or to pay any final assessment of tax, penalty
2 or interest, as required by any tax Act administered by the
3 Illinois Department of Revenue, until such time as the
4 requirements of any such tax Act are satisfied as determined
5 by the Illinois Department of Revenue.
6 The Department, upon the recommendation of the
7 Disciplinary Board, shall adopt rules which set forth
8 standards to be used in determining:
9 (a) when a person will be deemed sufficiently
10 rehabilitated to warrant the public trust;
11 (b) what constitutes dishonorable, unethical or
12 unprofessional conduct of a character likely to deceive,
13 defraud, or harm the public;
14 (c) what constitutes immoral conduct in the
15 commission of any act, including, but not limited to,
16 commission of an act of sexual misconduct related to the
17 licensee's practice; and
18 (d) what constitutes gross negligence in the
19 practice of medicine.
20 However, no such rule shall be admissible into evidence
21 in any civil action except for review of a licensing or other
22 disciplinary action under this Act.
23 In enforcing this Section, the Medical Disciplinary
24 Board, upon a showing of a possible violation, may compel any
25 individual licensed to practice under this Act, or who has
26 applied for licensure or a permit pursuant to this Act, to
27 submit to a mental or physical examination, or both, as
28 required by and at the expense of the Department. The
29 examining physician or physicians shall be those specifically
30 designated by the Disciplinary Board. The Medical
31 Disciplinary Board or the Department may order the examining
32 physician to present testimony concerning this mental or
33 physical examination of the licensee or applicant. No
34 information shall be excluded by reason of any common law or
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1 statutory privilege relating to communication between the
2 licensee or applicant and the examining physician. The
3 individual to be examined may have, at his or her own
4 expense, another physician of his or her choice present
5 during all aspects of the examination. Failure of any
6 individual to submit to mental or physical examination, when
7 directed, shall be grounds for suspension of his or her
8 license until such time as the individual submits to the
9 examination if the Disciplinary Board finds, after notice and
10 hearing, that the refusal to submit to the examination was
11 without reasonable cause. If the Disciplinary Board finds a
12 physician unable to practice because of the reasons set forth
13 in this Section, the Disciplinary Board shall require such
14 physician to submit to care, counseling, or treatment by
15 physicians approved or designated by the Disciplinary Board,
16 as a condition for continued, reinstated, or renewed
17 licensure to practice. Any physician, whose license was
18 granted pursuant to Sections 9, 17, or 19 of this Act, or,
19 continued, reinstated, renewed, disciplined or supervised,
20 subject to such terms, conditions or restrictions who shall
21 fail to comply with such terms, conditions or restrictions,
22 or to complete a required program of care, counseling, or
23 treatment, as determined by the Chief Medical Coordinator or
24 Deputy Medical Coordinators, shall be referred to the
25 Director for a determination as to whether the licensee shall
26 have their license suspended immediately, pending a hearing
27 by the Disciplinary Board. In instances in which the
28 Director immediately suspends a license under this Section, a
29 hearing upon such person's license must be convened by the
30 Disciplinary Board within 15 days after such suspension and
31 completed without appreciable delay. The Disciplinary Board
32 shall have the authority to review the subject physician's
33 record of treatment and counseling regarding the impairment,
34 to the extent permitted by applicable federal statutes and
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1 regulations safeguarding the confidentiality of medical
2 records.
3 An individual licensed under this Act, affected under
4 this Section, shall be afforded an opportunity to demonstrate
5 to the Disciplinary Board that they can resume practice in
6 compliance with acceptable and prevailing standards under the
7 provisions of their license.
8 The Department may promulgate rules for the imposition of
9 fines in disciplinary cases, not to exceed $5,000 for each
10 violation of this Act. Fines may be imposed in conjunction
11 with other forms of disciplinary action, but shall not be the
12 exclusive disposition of any disciplinary action arising out
13 of conduct resulting in death or injury to a patient. Any
14 funds collected from such fines shall be deposited in the
15 Medical Disciplinary Fund.
16 (B) The Department shall revoke the license or visiting
17 permit of any person issued under this Act to practice
18 medicine or to treat human ailments without the use of drugs
19 and without operative surgery, who has been convicted a
20 second time of committing any felony under the Illinois
21 Controlled Substances Act, or who has been convicted a second
22 time of committing a Class 1 felony under Sections 8A-3 and
23 8A-6 of the Illinois Public Aid Code. A person whose license
24 or visiting permit is revoked under this subsection B of
25 Section 22 of this Act shall be prohibited from practicing
26 medicine or treating human ailments without the use of drugs
27 and without operative surgery.
28 (C) The Medical Disciplinary Board shall recommend to
29 the Department civil penalties and any other appropriate
30 discipline in disciplinary cases when the Board finds that a
31 physician willfully performed an abortion with actual
32 knowledge that the person upon whom the abortion has been
33 performed is a minor or an incompetent person without notice
34 as required under the Parental Notice of Abortion Act of
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1 1995. Upon the Board's recommendation, the Department shall
2 impose, for the first violation, a civil penalty of $1,000
3 and for a second or subsequent violation, a civil penalty of
4 $5,000.
5 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
6 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
7 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
8 Sec. 23. Reports relating to professional conduct and
9 capacity.
10 (A) Entities required to report.
11 (1) Health care institutions. The chief
12 administrator or executive officer of any health care
13 institution licensed by the Illinois Department of Public
14 Health shall report to the Disciplinary Board when any
15 person's clinical privileges are terminated or are
16 restricted based on a final determination, in accordance
17 with that institution's by-laws or rules and regulations,
18 that a person has either committed an act or acts which
19 may directly threaten patient care, and not of an
20 administrative nature, or that a person may be mentally
21 or physically disabled in such a manner as to endanger
22 patients under that person's care. Such officer also
23 shall report if a person accepts voluntary termination or
24 restriction of clinical privileges in lieu of formal
25 action based upon conduct related directly to patient
26 care and not of an administrative nature, or in lieu of
27 formal action seeking to determine whether a person may
28 be mentally or physically disabled in such a manner as to
29 endanger patients under that person's care. The Medical
30 Disciplinary Board shall, by rule, provide for the
31 reporting to it of all instances in which a person,
32 licensed under this Act, who is impaired by reason of
33 age, drug or alcohol abuse or physical or mental
-25- LRB9009854NTsb
1 impairment, is under supervision and, where appropriate,
2 is in a program of rehabilitation. Such reports shall be
3 strictly confidential and may be reviewed and considered
4 only by the members of the Disciplinary Board, or by
5 authorized staff as provided by rules of the Disciplinary
6 Board. Provisions shall be made for the periodic report
7 of the status of any such person not less than twice
8 annually in order that the Disciplinary Board shall have
9 current information upon which to determine the status of
10 any such person. Such initial and periodic reports of
11 impaired physicians shall not be considered records
12 within the meaning of The State Records Act and shall be
13 disposed of, following a determination by the
14 Disciplinary Board that such reports are no longer
15 required, in a manner and at such time as the
16 Disciplinary Board shall determine by rule. The filing
17 of such reports shall be construed as the filing of a
18 report for purposes of subsection (C) of this Section.
19 (2) Professional associations. The President or
20 chief executive officer of any association or society, of
21 persons licensed under this Act, operating within this
22 State shall report to the Disciplinary Board when the
23 association or society determines renders a final
24 determination that a person has committed unprofessional
25 conduct related directly to patient care or that a person
26 may be mentally or physically disabled in such a manner
27 as to endanger patients under that person's care.
28 (3) Professional liability insurers. Every
29 insurance company which offers policies of professional
30 liability insurance to persons licensed under this Act,
31 or any other entity which seeks to indemnify the
32 professional liability of a person licensed under this
33 Act, shall report to the Disciplinary Board the
34 settlement of any claim or cause of action, or final
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1 judgment rendered in any cause of action, which alleged
2 negligence in the furnishing of medical care by such
3 licensed person when such settlement or final judgment is
4 in favor of the plaintiff.
5 (4) State's Attorneys. The State's Attorney of
6 each county shall report to the Disciplinary Board all
7 instances in which a person licensed under this Act is
8 convicted or otherwise found guilty of the commission of
9 any felony. The State's Attorney of each county may
10 report to the Disciplinary Board through a verified
11 complaint any instance in which the State's Attorney
12 believes that a physician has willfully violated the
13 notice requirements of the Parental Notice of Abortion
14 Act of 1995.
15 (5) State agencies. All agencies, boards,
16 commissions, departments, or other instrumentalities of
17 the government of the State of Illinois shall report to
18 the Disciplinary Board any instance arising in connection
19 with the operations of such agency, including the
20 administration of any law by such agency, in which a
21 person licensed under this Act has either committed an
22 act or acts which may be a violation of this Act or which
23 may constitute unprofessional conduct related directly to
24 patient care or which indicates that a person licensed
25 under this Act may be mentally or physically disabled in
26 such a manner as to endanger patients under that person's
27 care.
28 (B) Mandatory reporting. All reports required by items
29 (34), (35), and (36) of subsection (A) of Section 22 and by
30 Section 23 shall be submitted to the Disciplinary Board in a
31 timely fashion. The reports shall be filed in writing within
32 60 days after a determination that a report is required under
33 this Act. All reports shall contain the following
34 information:
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1 (1) The name, address and telephone number of the
2 person making the report.
3 (2) The name, address and telephone number of the
4 person who is the subject of the report.
5 (3) The name or other means of identification of
6 any patient or patients whose treatment is a subject of
7 the report, provided, however, no medical records may be
8 revealed without the written consent of the patient or
9 patients. When the Department has received written
10 reports concerning incidents required to be reported in
11 items (34), (35), and (36) of subsection (A) of Section
12 22, the licensee's failure to report the incident to the
13 Department under those items shall not be the sole
14 grounds for disciplinary action.
15 (4) A brief description of the facts which gave
16 rise to the issuance of the report, including the dates
17 of any occurrences deemed to necessitate the filing of
18 the report.
19 (5) If court action is involved, the identity of
20 the court in which the action is filed, along with the
21 docket number and date of filing of the action.
22 (6) Any further pertinent information which the
23 reporting party deems to be an aid in the evaluation of
24 the report.
25 Nothing contained in this Section shall act to in any
26 way, waive or modify the confidentiality of medical reports
27 and committee reports to the extent provided by law. Any
28 information reported or disclosed shall be kept for the
29 confidential use of the Disciplinary Board, the Medical
30 Coordinators, the Disciplinary Board's attorneys, the medical
31 investigative staff, and authorized clerical staff, as
32 provided in this Act, and shall be afforded the same status
33 as is provided information concerning medical studies in Part
34 21 of Article VIII of the Code of Civil Procedure.
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1 (C) Immunity from prosecution. Any individual or
2 organization acting in good faith, and not in a wilful and
3 wanton manner, in complying with this Act by providing any
4 report or other information to the Disciplinary Board, or
5 assisting in the investigation or preparation of such
6 information, or by participating in proceedings of the
7 Disciplinary Board, or by serving as a member of the
8 Disciplinary Board, shall not, as a result of such actions,
9 be subject to criminal prosecution or civil damages.
10 (D) Indemnification. Members of the Disciplinary Board,
11 the Medical Coordinators, the Disciplinary Board's attorneys,
12 the medical investigative staff, physicians retained under
13 contract to assist and advise the medical coordinators in the
14 investigation, and authorized clerical staff shall be
15 indemnified by the State for any actions occurring within the
16 scope of services on the Disciplinary Board, done in good
17 faith and not wilful and wanton in nature. The Attorney
18 General shall defend all such actions unless he or she
19 determines either that there would be a conflict of interest
20 in such representation or that the actions complained of were
21 not in good faith or were wilful and wanton.
22 Should the Attorney General decline representation, the
23 member shall have the right to employ counsel of his or her
24 choice, whose fees shall be provided by the State, after
25 approval by the Attorney General, unless there is a
26 determination by a court that the member's actions were not
27 in good faith or were wilful and wanton.
28 The member must notify the Attorney General within 7 days
29 of receipt of notice of the initiation of any action
30 involving services of the Disciplinary Board. Failure to so
31 notify the Attorney General shall constitute an absolute
32 waiver of the right to a defense and indemnification.
33 The Attorney General shall determine within 7 days after
34 receiving such notice, whether he or she will undertake to
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1 represent the member.
2 (E) Deliberations of Disciplinary Board. Upon the
3 receipt of any report called for by this Act, other than
4 those reports of impaired persons licensed under this Act
5 required pursuant to the rules of the Disciplinary Board, the
6 Disciplinary Board shall notify in writing, by certified
7 mail, the person who is the subject of the report. Such
8 notification shall be made within 30 days of receipt by the
9 Disciplinary Board of the report.
10 The notification shall include a written notice setting
11 forth the person's right to examine the report. Included in
12 such notification shall be the address at which the file is
13 maintained, the name of the custodian of the reports, and the
14 telephone number at which the custodian may be reached. The
15 person who is the subject of the report shall submit a
16 written statement responding, clarifying, adding to, or
17 proposing the amending of the report previously filed. The
18 statement shall become a permanent part of the file and must
19 be received by the Disciplinary Board no more than 60 days
20 after the date on which the person was notified by the
21 Disciplinary Board of the existence of the original report.
22 The Disciplinary Board shall review all reports received
23 by it, together with any supporting information and
24 responding statements submitted by persons who are the
25 subject of reports. The review by the Disciplinary Board
26 shall be in a timely manner but in no event, shall the
27 Disciplinary Board's initial review of the material contained
28 in each disciplinary file be less than 61 days nor more than
29 180 days after the receipt of the initial report by the
30 Disciplinary Board.
31 When the Disciplinary Board makes its initial review of
32 the materials contained within its disciplinary files, the
33 Disciplinary Board shall, in writing, make a determination as
34 to whether there are sufficient facts to warrant further
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1 investigation or action. Failure to make such determination
2 within the time provided shall be deemed to be a
3 determination that there are not sufficient facts to warrant
4 further investigation or action.
5 Should the Disciplinary Board find that there are not
6 sufficient facts to warrant further investigation, or action,
7 the report shall be accepted for filing and the matter shall
8 be deemed closed and so reported. The individual or entity
9 filing the original report or complaint and the person who is
10 the subject of the report or complaint shall be notified in
11 writing by the Disciplinary Board of any final action on
12 their report or complaint.
13 (F) Summary reports. The Disciplinary Board shall
14 prepare, on a timely basis, but in no event less than one
15 every other month, a summary report of final actions taken
16 upon disciplinary files maintained by the Disciplinary Board.
17 The summary reports shall be sent by the Disciplinary Board
18 to every health care facility licensed by the Illinois
19 Department of Public Health, every professional association
20 and society of persons licensed under this Act functioning on
21 a statewide basis in this State, the American Medical
22 Association, the American Osteopathic Association, the
23 American Chiropractic Association, all insurers providing
24 professional liability insurance to persons licensed under
25 this Act in the State of Illinois, the Federation of State
26 Medical Licensing Boards, and the Illinois Pharmacists
27 Association.
28 (G) Any violation of this Section shall be a Class A
29 misdemeanor.
30 (H) If any such person violates the provisions of this
31 Section an action may be brought in the name of the People of
32 the State of Illinois, through the Attorney General of the
33 State of Illinois, for an order enjoining such violation or
34 for an order enforcing compliance with this Section. Upon
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1 filing of a verified petition in such court, the court may
2 issue a temporary restraining order without notice or bond
3 and may preliminarily or permanently enjoin such violation,
4 and if it is established that such person has violated or is
5 violating the injunction, the court may punish the offender
6 for contempt of court. Proceedings under this paragraph
7 shall be in addition to, and not in lieu of, all other
8 remedies and penalties provided for by this Section.
9 (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97.)
10 (225 ILCS 60/24) (from Ch. 111, par. 4400-24)
11 Sec. 24. Report of violations; medical associations.
12 Any physician licensed under this Act, the Illinois State
13 Medical Society, the Illinois Association of Osteopathic
14 Physicians and Surgeons, the Illinois Chiropractic Society,
15 the Illinois Prairie State Chiropractic Association, or any
16 component societies of any of these 4 groups, and any other
17 association or society of persons licensed under this Act
18 operating within this State shall person, may report to the
19 Disciplinary Board any information the physician,
20 association, or society, or person may have that appears to
21 show that a physician is or may be in violation of any of the
22 provisions of Section 22 of this Act. Any other person may
23 report to the Disciplinary Board any information that person
24 may have that appears to show that a physician is or may be
25 in violation of any of the provisions of Section 22 of this
26 Act.
27 The Department may enter into agreements with the
28 Illinois State Medical Society, the Illinois Association of
29 Osteopathic Physicians and Surgeons, the Illinois Prairie
30 State Chiropractic Association, or the Illinois Chiropractic
31 Society to allow these organizations to assist the
32 Disciplinary Board in the review of alleged violations of
33 this Act. Subject to the approval of the Department, any
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1 organization party to such an agreement may subcontract with
2 other individuals or organizations to assist in review.
3 Any physician, association, society, or person
4 participating in good faith in the making of a report, under
5 this Act or participating in or assisting with an
6 investigation or review under this Section shall have
7 immunity from any civil, criminal, or other liability that
8 might result by reason of those actions.
9 The medical information in the custody of an entity under
10 contract with the Department participating in an
11 investigation or review shall be privileged and confidential
12 to the same extent as are information and reports under the
13 provisions of Part 21 of Article VIII of the Code of Civil
14 Procedure.
15 For the purpose of any civil or criminal proceedings, the
16 good faith of any physician, association, society or person
17 shall be presumed. The Disciplinary Board may request the
18 Illinois State Medical Society, the Illinois Association of
19 Osteopathic Physicians and Surgeons, the Illinois Prairie
20 State Chiropractic Association, or the Illinois Chiropractic
21 Society to assist the Disciplinary Board in preparing for or
22 conducting any medical competency examination as the Board
23 may deem appropriate.
24 (Source: P.A. 88-324.)
25 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
26 Sec. 36. Upon the motion of either the Department or the
27 Disciplinary Board or upon the verified complaint in writing
28 of any person setting forth facts which, if proven, would
29 constitute grounds for suspension or revocation under Section
30 22 of this Act, the Department shall investigate the actions
31 of any person, so accused, who holds or represents that they
32 hold a license. Such person is hereinafter called the
33 accused. The Department shall acknowledge any complaints
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1 received by consumers. Complaints shall be counted by source
2 and by cause, and all complaints shall be docketed.
3 The Department shall, before suspending, revoking,
4 placing on probationary status, or taking any other
5 disciplinary action as the Department may deem proper with
6 regard to any license at least 30 days prior to the date set
7 for the hearing, notify the accused in writing of any charges
8 made and the time and place for a hearing of the charges
9 before the Disciplinary Board, direct them to file their
10 written answer thereto to the Disciplinary Board under oath
11 within 20 days after the service on them of such notice and
12 inform them that if they fail to file such answer default
13 will be taken against them and their license may be
14 suspended, revoked, placed on probationary status, or have
15 other disciplinary action, including limiting the scope,
16 nature or extent of their practice, as the Department may
17 deem proper taken with regard thereto. A complainant shall
18 be allowed to review and respond to the accused's answer.
19 Where a physician has been found, upon complaint and
20 investigation of the Department, and after hearing, to have
21 performed an abortion procedure in a wilful and wanton manner
22 upon a woman who was not pregnant at the time such abortion
23 procedure was performed, the Department shall automatically
24 revoke the license of such physician to practice medicine in
25 Illinois.
26 Such written notice and any notice in such proceedings
27 thereafter may be served by delivery of the same, personally,
28 to the accused person, or by mailing the same by registered
29 or certified mail to the address last theretofore specified
30 by the accused in their last notification to the Department.
31 (Source: P.A. 85-4.)
32 (225 ILCS 60/37) (from Ch. 111, par. 4400-37)
33 Sec. 37. At the time and place fixed in the notice, the
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1 Disciplinary Board provided for in this Act shall proceed to
2 hear the charges and both the accused person and the
3 complainant shall be accorded ample opportunity to present in
4 person, or by counsel, such statements, testimony, evidence
5 and argument as may be pertinent to the charges or to any
6 defense thereto. The Disciplinary Board may continue such
7 hearing from time to time. If the Disciplinary Board is not
8 sitting at the time and place fixed in the notice or at the
9 time and place to which the hearing has been continued, the
10 Department shall continue such hearing for a period not to
11 exceed 30 days.
12 In case the accused person, after receiving notice, fails
13 to file an answer, their license may, in the discretion of
14 the Director, having received first the recommendation of the
15 Disciplinary Board, be suspended, revoked or placed on
16 probationary status, or the Director may take whatever
17 disciplinary action as he or she may deem proper, including
18 limiting the scope, nature, or extent of said person's
19 practice, without a hearing, if the act or acts charged
20 constitute sufficient grounds for such action under this Act.
21 The Disciplinary Board has the authority to recommend to
22 the Director that probation be granted or that other
23 disciplinary action, including the limitation of the scope,
24 nature or extent of a person's practice, be taken as it deems
25 proper. If disciplinary action, other than suspension or
26 revocation, is taken the Disciplinary Board may recommend
27 that the Director impose reasonable limitations and
28 requirements upon the accused registrant to insure compliance
29 with the terms of the probation or other disciplinary action
30 including, but not limited to, regular reporting by the
31 accused to the Department of their actions, placing
32 themselves under the care of a qualified physician for
33 treatment, or limiting their practice in such manner as the
34 Director may require.
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1 A complainant shall be notified of any proposed
2 settlement agreement and shall be allowed to present his or
3 her views before a final agreement is reached.
4 The Director, after consultation with the Chief Medical
5 Coordinator or Deputy Medical Coordinator, may temporarily
6 suspend the license of a physician without a hearing,
7 simultaneously with the institution of proceedings for a
8 hearing provided under this Section if the Director finds
9 that evidence in his or her possession indicates that a
10 physician's continuation in practice would constitute an
11 immediate danger to the public. In the event that the
12 Director suspends, temporarily, the license of a physician
13 without a hearing, a hearing by the Disciplinary Board shall
14 be held within 15 days after such suspension has occurred and
15 shall be concluded without appreciable delay.
16 (Source: P.A. 85-4.)
17 (225 ILCS 60/40) (from Ch. 111, par. 4400-40)
18 Sec. 40. The Disciplinary Board shall present to the
19 Director a written report of its findings and recommendations
20 and shall inform a complainant of its findings and
21 recommendations. A copy of the such report shall be served
22 upon the accused person, either personally or by registered
23 or certified mail. Within 20 days after such service, the
24 accused person may present to the Department their motion, in
25 writing, for a rehearing, which written motion shall specify
26 the particular ground therefor. If the accused person orders
27 and pays for a transcript of the record as provided in
28 Section 39, the time elapsing thereafter and before such
29 transcript is ready for delivery to them shall not be counted
30 as part of such 20 days.
31 At the expiration of the time allowed for filing a motion
32 for rehearing, the Director may take the action recommended
33 by the Disciplinary Board. Upon the suspension, revocation,
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1 placement on probationary status, or the taking of any other
2 disciplinary action, including the limiting of the scope,
3 nature, or extent of one's practice, deemed proper by the
4 Department, with regard to the license, certificate or
5 visiting professor permit, the accused shall surrender their
6 license to the Department, if ordered to do so by the
7 Department, and upon their failure or refusal so to do, the
8 Department may seize the same.
9 Each certificate of order of revocation, suspension, or
10 other disciplinary action shall contain a brief, concise
11 statement of the ground or grounds upon which the
12 Department's action is based, as well as the specific terms
13 and conditions of such action. This document shall be
14 retained as a permanent record by the Disciplinary Board and
15 the Director.
16 The Department shall at least annually publish a list of
17 the names of all persons disciplined under this Act in the
18 preceding 12 months. Such lists shall be mailed by the
19 Department to any person in the State upon request.
20 In those instances where an order of revocation,
21 suspension, or other disciplinary action has been rendered by
22 virtue of a physician's physical illness, including, but not
23 limited to, deterioration through the aging process, or loss
24 of motor skill which results in a physician's inability to
25 practice medicine with reasonable judgment, skill, or safety,
26 the Department shall only permit this document, and the
27 record of the hearing incident thereto, to be observed,
28 inspected, viewed, or copied pursuant to court order.
29 (Source: P.A. 85-4.)
30 (225 ILCS 60/65 new)
31 Sec. 65. Disclosure of nonconfidential information. The
32 Department shall disclose all nonconfidential information
33 obtained under this Act relating to a licensee, including the
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1 licensee's education, training, speciality, and other
2 background information, any adverse judgment, settlement, or
3 award arising from a liability claim based on the allegation
4 that a licensee was negligent in providing care, the reason
5 any disciplinary action has been taken against a licensee,
6 and any disciplinary actions taken by other agencies and
7 institutions, to be made available to the public and
8 libraries in the State.
9 (225 ILCS 60/70 new)
10 Sec. 70. Hotline. The Department shall establish a toll
11 free telephone number to be used by consumers to receive a
12 profile of a licensee, including the licensee's education and
13 training, any disciplinary actions taken by the Department,
14 and any liability claims or settlements based on the
15 allegation that a licensee was negligent in providing care.
16 (225 ILCS 60/75 new)
17 Sec. 75. Public education program. The Department shall
18 establish a public education program to educate consumers
19 about the Department's existence, including establishing a
20 public educating campaign and requiring medical providers to
21 display signs that inform consumers of their rights.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.