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repealing Section 4.29.
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Section 15. The Medical Practice Act of 1987 is amended by |
changing Sections 21, 36, 38, 39, and 40 as follows:
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(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 21. License renewal; reinstatement; inactive status; |
disposition and
collection of fees. |
(A) Renewal. The expiration date and renewal period for |
each
license issued under this Act shall be set by rule. The |
holder of a
license may renew the license by paying the |
required fee. The
holder of a
license may also renew the |
license within 90 days after its expiration by
complying with |
the requirements for renewal and payment of an additional
fee. |
A license renewal within 90 days after expiration shall be |
effective
retroactively to the expiration date.
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The Department shall attempt to provide through electronic |
means to each licensee under this Act, at least 60 days in |
advance of the expiration date of his or her license, a renewal |
notice. No such license shall be deemed to have lapsed until 90 |
days after the expiration date and after the Department has |
attempted to provide such notice as herein provided. |
(B) Reinstatement. Any licensee who has permitted his or |
her
license to lapse or who has had his or her license on |
inactive
status may have his or her license reinstated by |
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making application
to the Department and filing proof |
acceptable to the
Department of his or her fitness to have the
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license reinstated,
including evidence certifying to active |
practice in another
jurisdiction satisfactory to the |
Department, proof of meeting the continuing
education |
requirements for one renewal period, and by paying
the required |
reinstatement fee.
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If the licensee has not maintained an active practice
in |
another jurisdiction satisfactory to the Department, the
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Licensing Board shall determine, by an evaluation program
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established by rule, the applicant's fitness to resume active
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status
and may require the licensee to complete a period of
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evaluated clinical experience and may require successful
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completion of a practical examination specified by the |
Licensing Board.
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However, any registrant whose license has expired while
he |
or she has been engaged (a) in Federal Service on active
duty
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with the Army of the United States, the United States Navy,
the |
Marine Corps, the Air Force, the Coast Guard, the Public
Health |
Service or the State Militia called into the service
or |
training of the United States of America, or (b) in
training or |
education under the supervision of the United
States |
preliminary to induction into the military service,
may have |
his or her license reinstated without paying
any lapsed renewal |
fees, if within 2 years after honorable
termination of such |
service, training, or education, he or she
furnishes to the |
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Department with satisfactory evidence to the
effect that he or |
she has been so engaged and that his or
her
service, training, |
or education has been so terminated.
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(C) Inactive licenses. Any licensee who notifies the
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Department, in writing on forms prescribed by the
Department, |
may elect to place his or her license on an inactive
status and |
shall, subject to rules of the Department, be
excused from |
payment of renewal fees until he or she notifies the
Department |
in writing of his or her desire to resume active
status.
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Any licensee requesting reinstatement from inactive
status |
shall be required to pay the current renewal fee, provide proof |
of
meeting the continuing education requirements for the period |
of time the
license is inactive not to exceed one renewal |
period, and
shall be required to reinstate his or her license |
as provided
in
subsection (B).
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Any licensee whose license is in an inactive status
shall |
not practice in the State of Illinois.
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(D) Disposition of monies collected. All monies
collected |
under this Act by the Department shall be
deposited in the |
Illinois State Medical Disciplinary Fund in
the State Treasury, |
and used only for the following
purposes: (a) by the |
Disciplinary
Board and Licensing Board in the exercise of its |
powers and performance of its
duties, as such use is made by |
the Department with full
consideration of all recommendations |
of the
Disciplinary Board and Licensing Board, (b) for costs |
directly related to
persons licensed under this Act, and (c) |
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for direct and allocable indirect
costs related to the public |
purposes of the Department.
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Moneys in the Fund may be transferred to the Professions |
Indirect Cost Fund
as authorized under Section 2105-300 of the |
Department of Professional
Regulation Law of the Civil |
Administrative Code of Illinois (20 ILCS 2105/2105-300).
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The State Comptroller shall order and the State Treasurer |
shall transfer an amount equal to $1,100,000 from the Illinois |
State Medical Disciplinary Fund to the Local Government Tax |
Fund on each of the following dates: July 1, 2014, October 1, |
2014, January 1, 2015, July 1, 2017, October 1, 2017, and |
January 1, 2018. These transfers shall constitute repayment of |
the $6,600,000 transfer made under Section 6z-18 of the State |
Finance Act. |
All earnings received from investment of monies in the
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Illinois State Medical Disciplinary Fund shall be deposited
in |
the Illinois State Medical Disciplinary Fund and shall be
used |
for the same purposes as fees deposited in such Fund.
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(E) Fees. The following fees are nonrefundable.
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(1) Applicants for any examination shall be required
to |
pay, either to the Department or to the designated
testing |
service, a fee covering the cost of determining the
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applicant's eligibility and providing the examination.
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Failure to appear for the examination on the scheduled |
date,
at the time and place specified, after the |
applicant's
application for examination has been received |
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and
acknowledged by the Department or the designated |
testing
service, shall result in the forfeiture of the |
examination
fee.
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(2) Before July 1, 2018, the fee for a license under |
Section 9 of this Act
is $700. Beginning on July 1, 2018, |
the fee for a license under Section 9 of this Act is $500.
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(3) Before July 1, 2018, the fee for a license under |
Section 19 of this Act
is $700. Beginning on July 1, 2018, |
the fee for a license under Section 19 of this Act is $500.
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(4) Before July 1, 2018, the fee for the renewal of a |
license for a resident of Illinois
shall be calculated at |
the rate of $230 per year, and beginning on July 1, 2018, |
the fee for the renewal of a license shall be $167, except |
for licensees
who were issued a license within 12 months of |
the expiration date of the
license, before July 1, 2018, |
the fee for the renewal shall be $230, and beginning on |
July 1, 2018 that fee will be $167. Before July 1, 2018, |
the fee for the renewal
of a license for a nonresident |
shall be calculated at the rate of $460 per
year, and |
beginning on July 1, 2018, the fee for the renewal of a |
license for a nonresident shall be $250, except for |
licensees
who were issued a license within 12 months of the |
expiration date of the
license, before July 1, 2018, the |
fee for the renewal shall be $460, and beginning on July 1, |
2018 that fee will be $250.
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(5) The fee for the reinstatement of a license other
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than from inactive status, is $230. In addition, payment of |
all
lapsed renewal fees not to exceed $1,400 is required.
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(6) The fee for a 3-year temporary license under
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Section 17 is $230.
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(7) The fee for the issuance of a duplicate license,
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for the issuance of a replacement license for a license
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which has been lost or destroyed, or for the issuance of a
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license with a change of name or address other than during
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the renewal period is $20. No fee is required for name and
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address changes on Department records when no duplicate
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license is issued.
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(8) The fee to be paid for a license record for any
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purpose is $20.
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(9) The fee to be paid to have the scoring of an
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examination, administered by the Department, reviewed and
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verified, is $20 plus any fees charged by the applicable
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testing service.
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(10) The fee to be paid by a licensee for a wall
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certificate showing his or her license shall be the actual |
cost
of producing the certificate as determined by the |
Department.
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(11) The fee for a roster of persons licensed as
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physicians in this State shall be the actual cost of
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producing such a roster as determined by the Department.
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(F) Any person who delivers a check or other payment to the |
Department that
is returned to the Department unpaid by the |
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financial institution upon
which it is drawn shall pay to the |
Department, in addition to the amount
already owed to the |
Department, a fine of $50. The fines imposed by this Section |
are in addition
to any other discipline provided under this Act |
for unlicensed
practice or practice on a nonrenewed license. |
The Department shall notify
the person that payment of fees and |
fines shall be paid to the Department
by certified check or |
money order within 30 calendar days of the
notification. If, |
after the expiration of 30 days from the date of the
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notification, the person has failed to submit the necessary |
remittance, the
Department shall automatically terminate the |
license or permit or deny
the application, without hearing. If, |
after termination or denial, the
person seeks a license or |
permit, he or she shall apply to the
Department for |
reinstatement or issuance of the license or permit and
pay all |
fees and fines due to the Department. The Department may |
establish
a fee for the processing of an application for |
reinstatement of a license or permit
to pay all expenses of |
processing this application. The Secretary
may waive the fines |
due under this Section in individual cases where the
Secretary |
finds that the fines would be unreasonable or unnecessarily
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burdensome.
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(Source: P.A. 98-3, eff. 3-8-13; 98-1140, eff. 12-30-14; |
99-909, eff. 12-16-16.)
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(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 36. Investigation; notice. |
(a) Upon the motion of either the Department
or the |
Disciplinary Board or upon the verified complaint in
writing of |
any person setting forth facts which, if proven,
would |
constitute grounds for suspension or revocation under
Section |
22 of this Act, the Department shall investigate the
actions of |
any person, so accused, who holds or represents
that he or she |
holds they hold a license. Such person is hereinafter called
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the accused.
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(b) The Department shall, before suspending, revoking,
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placing on probationary status, or taking any other
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disciplinary action as the Department may deem proper with
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regard to any license at least 30 days prior to the date set
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for the hearing, notify the accused in writing of any
charges |
made and the time and place for a hearing of the
charges before |
the Disciplinary Board, direct him or her them to file his or |
her
their written answer thereto to the Disciplinary Board |
under
oath within 20 days after the service on him or her them |
of such notice
and inform him or her them that if he or she |
fails they fail to file such answer
default will be taken |
against him or her them and his or her their license may be
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suspended, revoked, placed on probationary status, or have
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other disciplinary action, including limiting the scope,
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nature or extent of his or her their practice, as the |
Department may
deem proper taken with regard thereto. The |
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Department shall, at least 14 days prior to the date set for |
the hearing, notify in writing any person who filed a complaint |
against the accused of the time and place for the hearing of |
the charges against the accused before the Disciplinary Board |
and inform such person whether he or she may provide testimony |
at the hearing.
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(c) Where a physician has been found, upon complaint and
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investigation of the Department, and after hearing, to have
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performed an abortion procedure in a wilful and wanton
manner |
upon a woman who was not pregnant at the time such
abortion |
procedure was performed, the Department shall
automatically |
revoke the license of such physician to
practice medicine in |
Illinois.
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(d) Such written notice and any notice in such proceedings
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thereafter may be served by personal delivery, email to the |
respondent's email address of record, or mail to the |
respondent's delivery of the same,
personally, to the accused |
person, or by mailing the same by
registered or certified mail |
to the accused person's address of record.
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(e) All information gathered by the Department during its |
investigation
including information subpoenaed
under Section |
23 or 38 of this Act and the investigative file shall be kept |
for
the confidential use of the Secretary, Disciplinary Board, |
the Medical
Coordinators, persons employed by contract to |
advise the Medical Coordinator or
the Department, the
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Disciplinary Board's attorneys, the medical investigative |
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staff, and authorized
clerical staff, as provided in this Act |
and shall be afforded the same status
as is provided |
information concerning medical studies in Part 21 of Article
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VIII of the Code of Civil Procedure, except that the Department |
may disclose information and documents to a federal, State, or |
local law enforcement agency pursuant to a subpoena in an |
ongoing criminal investigation to a health care licensing body |
of this State or another state or jurisdiction pursuant to an |
official request made by that licensing body. Furthermore, |
information and documents disclosed to a federal, State, or |
local law enforcement agency may be used by that agency only |
for the investigation and prosecution of a criminal offense or, |
in the case of disclosure to a health care licensing body, only |
for investigations and disciplinary action proceedings with |
regard to a license issued by that licensing body.
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(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11; |
98-1140, eff. 12-30-14.)
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(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 38. Subpoena; oaths. |
(a) The Disciplinary Board or Department has
power to |
subpoena and bring before it any person in this
State and to |
take testimony either orally or by deposition,
or both, with |
the same fees and mileage and in the same
manner as is |
prescribed by law for judicial procedure in
civil cases.
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(b) The Disciplinary Board, upon a determination that
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probable cause exists that a violation of one or more of the
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grounds for discipline listed in Section 22 has occurred or
is |
occurring, may subpoena the medical and hospital records
of |
individual patients of physicians licensed under this
Act, |
provided, that prior to the submission of such records
to the |
Disciplinary Board, all information indicating the
identity of |
the patient shall be removed and deleted.
Notwithstanding the |
foregoing, the Disciplinary Board and Department shall
possess |
the power to subpoena copies of hospital or medical records in
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mandatory report cases under Section 23 alleging death or |
permanent bodily
injury when consent to obtain records is not |
provided by a patient or legal
representative. Prior to |
submission of the records to the Disciplinary Board,
all
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information indicating the identity of the patient shall be |
removed and
deleted. All
medical records and other information |
received pursuant to subpoena shall
be
confidential and shall |
be afforded the same status as is proved information
concerning |
medical studies in Part 21 of Article VIII of the Code of Civil
|
Procedure.
The
use of such records shall be restricted to |
members of the
Disciplinary Board, the medical coordinators, |
and
appropriate staff of the Department designated
by the |
Disciplinary Board for the
purpose of determining the existence |
of one or more grounds
for discipline of the physician as |
provided for by Section
22 of this Act. Any such review of |
individual patients'
records shall be conducted by the |
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Disciplinary Board in
strict confidentiality, provided that |
such patient records
shall be admissible in a disciplinary |
hearing, before the
Disciplinary Board, when necessary to |
substantiate the
grounds for discipline alleged against the |
physician
licensed under this Act, and provided further, that |
nothing
herein shall be deemed to supersede the provisions of |
Part
21 of Article VIII of the "Code of Civil Procedure", as |
now
or hereafter amended, to the extent applicable.
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(c) The Secretary, hearing officer, and any member of the |
Disciplinary Board
each have power to administer oaths at any |
hearing which the
Disciplinary Board or Department is |
authorized by law to
conduct.
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(d) The Disciplinary Board, upon a determination that
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probable cause exists that a violation of one or more of the
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grounds for discipline listed in Section 22 has occurred or
is |
occurring on the business premises of a physician
licensed |
under this Act, may issue an order authorizing an
appropriately |
qualified investigator employed by the
Department to enter upon |
the business premises with due
consideration for patient care |
of the subject of the
investigation so as to inspect the |
physical premises and
equipment and furnishings therein. No |
such order shall
include the right of inspection of business, |
medical, or
personnel records located on the premises. For |
purposes of
this Section, "business premises" is defined as the |
office
or offices where the physician conducts the practice of
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medicine. Any such order shall expire and become void five
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business days after its issuance by the Disciplinary Board.
The |
execution of any such order shall be valid only during
the |
normal business hours of the facility or office to be
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inspected.
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(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
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(225 ILCS 60/39) (from Ch. 111, par. 4400-39)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 39. Certified shorthand reporter; record. The |
Department, at its expense, shall
provide a certified shorthand |
reporter to take down the testimony and
preserve a record of |
all proceedings at the hearing of any
case wherein a license |
may be revoked, suspended, placed on
probationary status, or |
other disciplinary action taken with
regard thereto in |
accordance with Section 2105-115 of the Department of |
Professional Regulation Law of the Civil Administrative Code of |
Illinois. The notice of hearing, complaint and all
other |
documents in the nature of pleadings and written
motions filed |
in the proceedings, the transcript of
testimony, the report of |
the hearing officer, exhibits, the report of the Licensing |
Board, and the orders
of the Department constitute the record |
of the proceedings.
The Department shall furnish a copy of the |
record to
any person interested in such hearing upon payment of |
the fee required
under Section 2105-115 of the Department of |
Professional Regulation
Law (20 ILCS 2105/2105-115). The |
Department may contract for court reporting services, and, in |
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the event it does so, the Department shall provide the name and |
contact information for the certified shorthand reporter who |
transcribed the testimony at a hearing to any person |
interested, who may obtain a copy of the record of any |
proceedings at a hearing upon payment of the fee specified by |
the certified shorthand reporter. This charge is in addition to |
any fee charged by the Department for certifying the record.
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(Source: P.A. 100-429, eff. 8-25-17.)
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(225 ILCS 60/40) (from Ch. 111, par. 4400-40)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 40. Findings and recommendations; rehearing. |
(a) The Disciplinary Board shall present to
the Secretary a |
written report of its findings and
recommendations. A copy of |
such report shall be served upon
the accused person, either |
personally or by registered or
certified mail or email. Within |
20 days after such service, the
accused person may present to |
the Department his or her their motion,
in writing, for a |
rehearing, which written motion shall
specify the particular |
ground therefor. If the accused
person orders and pays for a |
transcript of the record as
provided in Section 39, the time |
elapsing thereafter and
before such transcript is ready for |
delivery to them shall
not be counted as part of such 20 days.
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(b) At the expiration of the time allowed for filing a
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motion for rehearing, the Secretary may take the action
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recommended by the Disciplinary Board. Upon the suspension,
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revocation, placement on probationary status, or the taking
of |
any other disciplinary action, including the limiting of
the |
scope, nature, or extent of one's practice, deemed
proper by |
the Department, with regard to the license or permit, the |
accused shall
surrender his or her their license or permit to |
the Department, if ordered to do
so by the Department, and upon |
his or her their failure or refusal so
to do, the Department |
may seize the same.
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(c) Each order of revocation, suspension, or
other |
disciplinary action shall contain a brief, concise
statement of |
the ground or grounds upon which the
Department's action is |
based, as well as the specific terms
and conditions of such |
action. This document shall be
retained as a permanent record |
by the Disciplinary Board and
the Secretary.
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(d) The Department shall at least annually publish a list
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of the names of all persons disciplined under this Act in
the |
preceding 12 months. Such lists shall be available by the
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Department on its website.
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(e) In those instances where an order of revocation,
|
suspension, or other disciplinary action has been rendered
by |
virtue of a physician's physical illness, including, but
not |
limited to, deterioration through the aging process, or
loss of |
motor skill which results in a physician's inability
to |
practice medicine with reasonable judgment, skill, or
safety, |
the Department shall only permit this document, and
the record |
of the hearing incident thereto, to be observed,
inspected, |