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91_SB0649eng
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1 AN ACT in relation to cloning.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Human Cloning Act.
6 Section 5. Purpose. It is the intent of the General
7 Assembly to place a moratorium on the cloning of an entire
8 human being in order to evaluate the profound medical,
9 ethical, and social implications that such a possibility
10 raises.
11 Section 10. Human cloning prohibited.
12 (a) No person shall clone a human being.
13 (b) No person shall purchase or sell an ovum, zygote,
14 embryo, or fetus for the purpose of cloning a human being.
15 (c) For purposes of this Section, "clone" means the
16 practice of creating or attempting to create a human being by
17 transferring the nucleus from a human cell from whatever
18 source into a human egg cell from which the nucleus has been
19 removed for the purpose of, or to implant, the resulting
20 product to initiate a pregnancy that could result in the
21 birth of a human being.
22 (d) Nothing in this Act shall be construed to restrict
23 or prohibit biomedical research using cloning technology that
24 is not expressly prohibited by this Act, including the
25 cloning of human genes, cells, and tissues.
26 Section 15. For violations of Section 10, the Attorney
27 General may, after appropriate notice and opportunity for
28 hearing, by order, levy administrative penalties as follows:
29 (a) If the violator is a corporation, firm, clinic,
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1 hospital, laboratory, or research facility, by a civil
2 penalty of not more than $1,000,000 or the applicable amount
3 under subsection (c), whichever is greater.
4 (b) If the violator is an individual, by a civil penalty
5 of not more than $250,000 or the applicable amount under
6 subsection (c), whichever is greater.
7 (c) If any violator derives pecuniary gain from a
8 violation of Section 10, the violator may be assessed a civil
9 penalty of not more than an amount equal to the amount of the
10 gross gain multiplied by 2.
11 (d) The administrative penalties shall be paid into the
12 General Revenue Fund.
13 Section 90. Repeal. This Act is repealed on January 1,
14 2005.
15 Section 105. The Department of Public Health Powers and
16 Duties Law of the Civil Administrative Code of Illinois is
17 amended by adding Section 2310-330.5 as follows:
18 (20 ILCS 2310/2310-330.5 new)
19 Sec. 2310-330.5. Revocation of registration of sperm
20 banks that violate the Human Cloning Act. The Department
21 shall revoke the registration of a sperm bank that violates
22 the Human Cloning Act. This Section is repealed on January
23 1, 2005.
24 Section 110. The Ambulatory Surgical Treatment Center
25 Act is amended by adding Section 10f-5 as follows:
26 (210 ILCS 5/10f-5 new)
27 Sec. 10f-5. Revocation of license for violating the
28 Human Cloning Act. The Director shall revoke the license of
29 an ambulatory surgical treatment center that violates the
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1 Human Cloning Act. This Section is repealed on January 1,
2 2005.
3 Section 115. The Hospital Licensing Act is amended by
4 adding Section 7.5 as follows:
5 (210 ILCS 85/7.5 new)
6 Sec. 7.5. Revocation of license for violation of the
7 Human Cloning Act. The Director shall revoke the license of
8 a hospital that violates the Human Cloning Act. This Section
9 is repealed on January 1, 2005.
10 Section 120. The Medical Practice Act of 1987 is amended
11 by changing Section 22 as follows:
12 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
13 Sec. 22. Disciplinary action.
14 (A) The Department may revoke, suspend, place on
15 probationary status, or take any other disciplinary action as
16 the Department may deem proper with regard to the license or
17 visiting professor permit of any person issued under this Act
18 to practice medicine, or to treat human ailments without the
19 use of drugs and without operative surgery upon any of the
20 following grounds:
21 (1) Performance of an elective abortion in any
22 place, locale, facility, or institution other than:
23 (a) a facility licensed pursuant to the
24 Ambulatory Surgical Treatment Center Act;
25 (b) an institution licensed under the Hospital
26 Licensing Act; or
27 (c) an ambulatory surgical treatment center or
28 hospitalization or care facility maintained by the
29 State or any agency thereof, where such department
30 or agency has authority under law to establish and
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1 enforce standards for the ambulatory surgical
2 treatment centers, hospitalization, or care
3 facilities under its management and control; or
4 (d) ambulatory surgical treatment centers,
5 hospitalization or care facilities maintained by the
6 Federal Government; or
7 (e) ambulatory surgical treatment centers,
8 hospitalization or care facilities maintained by any
9 university or college established under the laws of
10 this State and supported principally by public funds
11 raised by taxation.
12 (2) Performance of an abortion procedure in a
13 wilful and wanton manner on a woman who was not pregnant
14 at the time the abortion procedure was performed.
15 (3) The conviction of a felony in this or any other
16 jurisdiction, except as otherwise provided in subsection
17 B of this Section, whether or not related to practice
18 under this Act, or the entry of a guilty or nolo
19 contendere plea to a felony charge.
20 (4) Gross negligence in practice under this Act.
21 (5) Engaging in dishonorable, unethical or
22 unprofessional conduct of a character likely to deceive,
23 defraud or harm the public.
24 (6) Obtaining any fee by fraud, deceit, or
25 misrepresentation.
26 (7) Habitual or excessive use or abuse of drugs
27 defined in law as controlled substances, of alcohol, or
28 of any other substances which results in the inability to
29 practice with reasonable judgment, skill or safety.
30 (8) Practicing under a false or, except as provided
31 by law, an assumed name.
32 (9) Fraud or misrepresentation in applying for, or
33 procuring, a license under this Act or in connection with
34 applying for renewal of a license under this Act.
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1 (10) Making a false or misleading statement
2 regarding their skill or the efficacy or value of the
3 medicine, treatment, or remedy prescribed by them at
4 their direction in the treatment of any disease or other
5 condition of the body or mind.
6 (11) Allowing another person or organization to use
7 their license, procured under this Act, to practice.
8 (12) Disciplinary action of another state or
9 jurisdiction against a license or other authorization to
10 practice as a medical doctor, doctor of osteopathy,
11 doctor of osteopathic medicine or doctor of chiropractic,
12 a certified copy of the record of the action taken by the
13 other state or jurisdiction being prima facie evidence
14 thereof.
15 (13) Violation of any provision of this Act or of
16 the Medical Practice Act prior to the repeal of that Act,
17 or violation of the rules, or a final administrative
18 action of the Director, after consideration of the
19 recommendation of the Disciplinary Board.
20 (14) Dividing with anyone other than physicians
21 with whom the licensee practices in a partnership,
22 Professional Association, limited liability company, or
23 Medical or Professional Corporation any fee, commission,
24 rebate or other form of compensation for any professional
25 services not actually and personally rendered. Nothing
26 contained in this subsection prohibits persons holding
27 valid and current licenses under this Act from practicing
28 medicine in partnership under a partnership agreement,
29 including a limited liability partnership, in a limited
30 liability company under the Limited Liability Company
31 Act, in a corporation authorized by the Medical
32 Corporation Act, as an association authorized by the
33 Professional Association Act, or in a corporation under
34 the Professional Corporation Act or from pooling,
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1 sharing, dividing or apportioning the fees and monies
2 received by them or by the partnership, corporation or
3 association in accordance with the partnership agreement
4 or the policies of the Board of Directors of the
5 corporation or association. Nothing contained in this
6 subsection prohibits 2 or more corporations authorized by
7 the Medical Corporation Act, from forming a partnership
8 or joint venture of such corporations, and providing
9 medical, surgical and scientific research and knowledge
10 by employees of these corporations if such employees are
11 licensed under this Act, or from pooling, sharing,
12 dividing, or apportioning the fees and monies received by
13 the partnership or joint venture in accordance with the
14 partnership or joint venture agreement. Nothing
15 contained in this subsection shall abrogate the right of
16 2 or more persons, holding valid and current licenses
17 under this Act, to each receive adequate compensation for
18 concurrently rendering professional services to a patient
19 and divide a fee; provided, the patient has full
20 knowledge of the division, and, provided, that the
21 division is made in proportion to the services performed
22 and responsibility assumed by each.
23 (15) A finding by the Medical Disciplinary Board
24 that the registrant after having his or her license
25 placed on probationary status or subjected to conditions
26 or restrictions violated the terms of the probation or
27 failed to comply with such terms or conditions.
28 (16) Abandonment of a patient.
29 (17) Prescribing, selling, administering,
30 distributing, giving or self-administering any drug
31 classified as a controlled substance (designated product)
32 or narcotic for other than medically accepted therapeutic
33 purposes.
34 (18) Promotion of the sale of drugs, devices,
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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
5 treat disease by a secret method, procedure, treatment or
6 medicine, or the treating, operating or prescribing for
7 any human condition by a method, means or procedure which
8 the licensee refuses to divulge upon demand of the
9 Department.
10 (20) Immoral conduct in the commission of any act
11 including, but not limited to, commission of an act of
12 sexual misconduct related to the licensee's practice.
13 (21) Wilfully making or filing false records or
14 reports in his or her practice as a physician, including,
15 but not limited to, false records to support claims
16 against the medical assistance program of the Department
17 of Public Aid 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
22 instance of suspected abuse or neglect as required by
23 law.
24 (23) Being named as a perpetrator in an indicated
25 report by the Department of Children and Family Services
26 under the Abused and Neglected Child Reporting Act, and
27 upon proof by clear and convincing evidence that the
28 licensee has caused a child to be an abused child or
29 neglected child as defined in the Abused and Neglected
30 Child Reporting Act.
31 (24) Solicitation of professional patronage by any
32 corporation, agents or persons, or profiting from those
33 representing themselves to be agents of the licensee.
34 (25) Gross and wilful and continued overcharging
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1 for professional services, including filing false
2 statements for collection of fees for which services are
3 not rendered, including, but not limited to, filing such
4 false statements for collection of monies for services
5 not rendered from the medical assistance program of the
6 Department of Public Aid under the Illinois Public Aid
7 Code.
8 (26) A pattern of practice or other behavior which
9 demonstrates incapacity or incompetence to practice under
10 this Act.
11 (27) Mental illness or disability which results in
12 the inability to practice under this Act with reasonable
13 judgment, skill or safety.
14 (28) Physical illness, including, but not limited
15 to, deterioration through the aging process, or loss of
16 motor skill which results in a physician's inability to
17 practice under this Act with reasonable judgment, skill
18 or safety.
19 (29) Cheating on or attempt to subvert the
20 licensing examinations administered under this Act.
21 (30) Wilfully or negligently violating the
22 confidentiality between physician and patient except as
23 required by law.
24 (31) The use of any false, fraudulent, or deceptive
25 statement in any document connected with practice under
26 this Act.
27 (32) Aiding and abetting an individual not licensed
28 under this Act in the practice of a profession licensed
29 under this Act.
30 (33) Violating state or federal laws or regulations
31 relating to controlled substances.
32 (34) Failure to report to the Department any
33 adverse final action taken against them by another
34 licensing jurisdiction (any other state or any territory
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1 of the United States or any foreign state or country), by
2 any peer review body, by any health care institution, by
3 any professional society or association related to
4 practice under this Act, by any governmental agency, by
5 any law enforcement agency, or by any court for acts or
6 conduct similar to acts or conduct which would constitute
7 grounds for action as defined in this Section.
8 (35) Failure to report to the Department surrender
9 of a license or authorization to practice as a medical
10 doctor, a doctor of osteopathy, a doctor of osteopathic
11 medicine, or doctor of chiropractic in another state or
12 jurisdiction, or surrender of membership on any medical
13 staff or in any medical or professional association or
14 society, while under disciplinary investigation by any of
15 those authorities or bodies, for acts or conduct similar
16 to acts or conduct which would constitute grounds for
17 action as defined in this Section.
18 (36) Failure to report to the Department any
19 adverse judgment, settlement, or award arising from a
20 liability claim related to acts or conduct similar to
21 acts or conduct which would constitute grounds for action
22 as defined in this Section.
23 (37) Failure to transfer copies of medical records
24 as required by law.
25 (38) Failure to furnish the Department, its
26 investigators or representatives, relevant information,
27 legally requested by the Department after consultation
28 with the Chief Medical Coordinator or the Deputy Medical
29 Coordinator.
30 (39) Violating the Health Care Worker Self-Referral
31 Act.
32 (40) Willful failure to provide notice when notice
33 is required under the Parental Notice of Abortion Act of
34 1995.
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1 (41) Failure to establish and maintain records of
2 patient care and treatment as required by this law.
3 (42) Entering into an excessive number of written
4 collaborative agreements with licensed advanced practice
5 nurses resulting in an inability to adequately
6 collaborate and provide medical direction.
7 (43) Violating the Human Cloning Act. This item
8 (43) is inoperative upon the repeal of the Human Cloning
9 Act.
10 (44) (43) Repeated failure to adequately
11 collaborate with or provide medical direction to a
12 licensed advanced practice nurse.
13 All proceedings to suspend, revoke, place on probationary
14 status, or take any other disciplinary action as the
15 Department may deem proper, with regard to a license on any
16 of the foregoing grounds, must be commenced within 3 years
17 next after receipt by the Department of a complaint alleging
18 the commission of or notice of the conviction order for any
19 of the acts described herein. Except for the grounds
20 numbered (8), (9) and (29), no action shall be commenced more
21 than 5 years after the date of the incident or act alleged to
22 have violated this Section. In the event of the settlement
23 of any claim or cause of action in favor of the claimant or
24 the reduction to final judgment of any civil action in favor
25 of the plaintiff, such claim, cause of action or civil action
26 being grounded on the allegation that a person licensed under
27 this Act was negligent in providing care, the Department
28 shall have an additional period of one year from the date of
29 notification to the Department under Section 23 of this Act
30 of such settlement or final judgment in which to investigate
31 and commence formal disciplinary proceedings under Section 36
32 of this Act, except as otherwise provided by law. The time
33 during which the holder of the license was outside the State
34 of Illinois shall not be included within any period of time
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1 limiting the commencement of disciplinary action by the
2 Department.
3 The entry of an order or judgment by any circuit court
4 establishing that any person holding a license under this Act
5 is a person in need of mental treatment operates as a
6 suspension of that license. That person may resume their
7 practice only upon the entry of a Departmental order based
8 upon a finding by the Medical Disciplinary Board that they
9 have been determined to be recovered from mental illness by
10 the court and upon the Disciplinary Board's recommendation
11 that they be permitted to resume their practice.
12 The Department may refuse to issue or take disciplinary
13 action concerning the license of any person who fails to file
14 a return, or to pay the tax, penalty or interest shown in a
15 filed return, or to pay any final assessment of tax, penalty
16 or interest, as required by any tax Act administered by the
17 Illinois Department of Revenue, until such time as the
18 requirements of any such tax Act are satisfied as determined
19 by the Illinois Department of Revenue.
20 The Department, upon the recommendation of the
21 Disciplinary Board, shall adopt rules which set forth
22 standards to be used in determining:
23 (a) when a person will be deemed sufficiently
24 rehabilitated to warrant the public trust;
25 (b) what constitutes dishonorable, unethical or
26 unprofessional conduct of a character likely to deceive,
27 defraud, or harm the public;
28 (c) what constitutes immoral conduct in the
29 commission of any act, including, but not limited to,
30 commission of an act of sexual misconduct related to the
31 licensee's practice; and
32 (d) what constitutes gross negligence in the
33 practice of medicine.
34 However, no such rule shall be admissible into evidence
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1 in any civil action except for review of a licensing or other
2 disciplinary action under this Act.
3 In enforcing this Section, the Medical Disciplinary
4 Board, upon a showing of a possible violation, may compel any
5 individual licensed to practice under this Act, or who has
6 applied for licensure or a permit pursuant to this Act, to
7 submit to a mental or physical examination, or both, as
8 required by and at the expense of the Department. The
9 examining physician or physicians shall be those specifically
10 designated by the Disciplinary Board. The Medical
11 Disciplinary Board or the Department may order the examining
12 physician to present testimony concerning this mental or
13 physical examination of the licensee or applicant. No
14 information shall be excluded by reason of any common law or
15 statutory privilege relating to communication between the
16 licensee or applicant and the examining physician. The
17 individual to be examined may have, at his or her own
18 expense, another physician of his or her choice present
19 during all aspects of the examination. Failure of any
20 individual to submit to mental or physical examination, when
21 directed, shall be grounds for suspension of his or her
22 license until such time as the individual submits to the
23 examination if the Disciplinary Board finds, after notice and
24 hearing, that the refusal to submit to the examination was
25 without reasonable cause. If the Disciplinary Board finds a
26 physician unable to practice because of the reasons set forth
27 in this Section, the Disciplinary Board shall require such
28 physician to submit to care, counseling, or treatment by
29 physicians approved or designated by the Disciplinary Board,
30 as a condition for continued, reinstated, or renewed
31 licensure to practice. Any physician, whose license was
32 granted pursuant to Sections 9, 17, or 19 of this Act, or,
33 continued, reinstated, renewed, disciplined or supervised,
34 subject to such terms, conditions or restrictions who shall
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1 fail to comply with such terms, conditions or restrictions,
2 or to complete a required program of care, counseling, or
3 treatment, as determined by the Chief Medical Coordinator or
4 Deputy Medical Coordinators, shall be referred to the
5 Director for a determination as to whether the licensee shall
6 have their license suspended immediately, pending a hearing
7 by the Disciplinary Board. In instances in which the
8 Director immediately suspends a license under this Section, a
9 hearing upon such person's license must be convened by the
10 Disciplinary Board within 15 days after such suspension and
11 completed without appreciable delay. The Disciplinary Board
12 shall have the authority to review the subject physician's
13 record of treatment and counseling regarding the impairment,
14 to the extent permitted by applicable federal statutes and
15 regulations safeguarding the confidentiality of medical
16 records.
17 An individual licensed under this Act, affected under
18 this Section, shall be afforded an opportunity to demonstrate
19 to the Disciplinary Board that they can resume practice in
20 compliance with acceptable and prevailing standards under the
21 provisions of their license.
22 The Department may promulgate rules for the imposition of
23 fines in disciplinary cases, not to exceed $5,000 for each
24 violation of this Act. Fines may be imposed in conjunction
25 with other forms of disciplinary action, but shall not be the
26 exclusive disposition of any disciplinary action arising out
27 of conduct resulting in death or injury to a patient. Any
28 funds collected from such fines shall be deposited in the
29 Medical Disciplinary Fund.
30 (B) The Department shall revoke the license or visiting
31 permit of any person issued under this Act to practice
32 medicine or to treat human ailments without the use of drugs
33 and without operative surgery, who has been convicted a
34 second time of committing any felony under the Illinois
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1 Controlled Substances Act, or who has been convicted a second
2 time of committing a Class 1 felony under Sections 8A-3 and
3 8A-6 of the Illinois Public Aid Code. A person whose license
4 or visiting permit is revoked under this subsection B of
5 Section 22 of this Act shall be prohibited from practicing
6 medicine or treating human ailments without the use of drugs
7 and without operative surgery.
8 (C) The Medical Disciplinary Board shall recommend to
9 the Department civil penalties and any other appropriate
10 discipline in disciplinary cases when the Board finds that a
11 physician willfully performed an abortion with actual
12 knowledge that the person upon whom the abortion has been
13 performed is a minor or an incompetent person without notice
14 as required under the Parental Notice of Abortion Act of
15 1995. Upon the Board's recommendation, the Department shall
16 impose, for the first violation, a civil penalty of $1,000
17 and for a second or subsequent violation, a civil penalty of
18 $5,000.
19 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
20 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff.
21 8-13-98.)
22 Section 125. The Criminal Code of 1961 is amended by
23 adding Section 12-35 as follows:
24 (720 ILCS 5/12-35 new)
25 Sec. 12-35. Criminal cloning of humans.
26 (a) No person shall engage in activity which involves
27 the use of a human somatic cell nucleus transfer technology
28 to produce a human embryo for the process of producing a
29 human clone.
30 (b) Sentence. A violation of this Section is a Class 4
31 felony.
32 (c) Definition. For purposes of this Section, "human
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1 clone" means a human being created by transferring the
2 nucleus from a human cell from whatever source into a human
3 egg cell from which the nucleus has been removed for the
4 purpose of, or to implant, the resulting product to initiate
5 a pregnancy that could result in the birth of a human being.
6 (d) Nothing in this Section shall be construed to
7 restrict or prohibit biomedical research using cloning
8 technology that is not expressly prohibited by this Section,
9 including the cloning of human genes, cells, and tissues.
10 (e) Repealed. This Section is repealed on January 1,
11 2005.
12 Section 999. Effective date. This Act takes effect upon
13 becoming law.
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