Public Act 93-0138
HB1356 Enrolled LRB093 04238 AMC 04283 b
AN ACT concerning the practice of medicine.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Practice Act of 1987 is amended
by changing Section 7 as follows:
(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
(Section scheduled to be repealed on January 1, 2007)
Sec. 7. Medical Disciplinary Board.
(A) There is hereby created the Illinois State Medical
Disciplinary Board (hereinafter referred to as the
"Disciplinary Board"). The Disciplinary Board shall consist
of 9 members, to be appointed by the Governor by and with the
advice and consent of the Senate. All shall be residents of
the State, not more than 5 of whom shall be members of the
same political party. Five members shall be physicians
licensed to practice medicine in all of its branches in
Illinois possessing the degree of doctor of medicine. Two
shall be members of the public, who shall not be engaged in
any way, directly or indirectly, as providers of health care.
The 2 public members shall act as voting members. nonvoting,
ex-officio members and shall not be considered in determining
the existence, or lack of existence, of a quorum for all
purposes for which a quorum may be called pursuant to this
Act. One member shall be a physician licensed to practice in
Illinois possessing the degree of doctor of osteopathy or
osteopathic medicine. One member shall be a physician
licensed to practice in Illinois and possessing the degree of
doctor of chiropractic.
(B) Members of the Disciplinary Board shall be appointed
for terms of 4 years. Upon the expiration of the term of any
member, their successor shall be appointed for a term of 4
years by the Governor by and with the advice and consent of
the Senate. The Governor shall fill any vacancy for the
remainder of the unexpired term by and with the advice and
consent of the Senate. Upon recommendation of the Board, any
member of the Disciplinary Board may be removed by the
Governor for misfeasance, malfeasance, or wilful neglect of
duty, after notice, and a public hearing, unless such notice
and hearing shall be expressly waived in writing. Each
member shall serve on the Disciplinary Board until their
successor is appointed and qualified. No member of the
Disciplinary Board shall serve more than 2 consecutive 4 year
terms.
In making appointments the Governor shall attempt to
insure that the various social and geographic regions of the
State of Illinois are properly represented.
In making the designation of persons to act for the
several professions represented on the Disciplinary Board,
the Governor shall give due consideration to recommendations
by members of the respective professions and by organizations
therein.
(C) The Disciplinary Board shall annually elect one of
its voting members as chairperson and one as vice
chairperson. No officer shall be elected more than twice in
succession to the same office. Each officer shall serve
until their successor has been elected and qualified.
(D) (Blank).
(E) Four voting members of the Disciplinary Board shall
constitute a quorum. A vacancy in the membership of the
Disciplinary Board shall not impair the right of a quorum to
exercise all the rights and perform all the duties of the
Disciplinary Board. Any action taken by the Disciplinary
Board under this Act may be authorized by resolution at any
regular or special meeting and each such resolution shall
take effect immediately. The Disciplinary Board shall meet
at least quarterly. The Disciplinary Board is empowered to
adopt all rules and regulations necessary and incident to the
powers granted to it under this Act.
(F) Each member, and member-officer, of the Disciplinary
Board shall receive a per diem stipend as the Director of the
Department, hereinafter referred to as the Director, shall
determine. The Director shall also determine the per diem
stipend that each ex-officio member shall receive. Each
member shall be paid their necessary expenses while engaged
in the performance of their duties.
(G) The Director shall select a Chief Medical
Coordinator and a Deputy Medical Coordinator who shall not be
members of the Disciplinary Board. Each medical coordinator
shall be a physician licensed to practice medicine in all of
its branches, and the Director shall set their rates of
compensation. The Director shall assign one medical
coordinator to a region composed of Cook County and such
other counties as the Director may deem appropriate, and such
medical coordinator shall locate their office in Chicago.
The Director shall assign the remaining medical coordinator
to a region composed of the balance of counties in the State,
and such medical coordinator shall locate their office in
Springfield. Each medical coordinator shall be the chief
enforcement officer of this Act in their assigned region and
shall serve at the will of the Disciplinary Board.
The Director shall employ, in conformity with the
Personnel Code, not less than one full time investigator for
every 5000 physicians licensed in the State. Each
investigator shall be a college graduate with at least 2
years' investigative experience or one year advanced medical
education. Upon the written request of the Disciplinary
Board, the Director shall employ, in conformity with the
Personnel Code, such other professional, technical,
investigative, and clerical help, either on a full or
part-time basis as the Disciplinary Board deems necessary for
the proper performance of its duties.
(H) Upon the specific request of the Disciplinary Board,
signed by either the chairman, vice chairman, or a medical
coordinator of the Disciplinary Board, the Department of
Human Services or the Department of State Police shall make
available any and all information that they have in their
possession regarding a particular case then under
investigation by the Disciplinary Board.
(I) Members of the Disciplinary Board shall be immune
from suit in any action based upon any disciplinary
proceedings or other acts performed in good faith as members
of the Disciplinary Board.
(J) The Disciplinary Board may compile and establish a
statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed to
serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators in their investigations and participation in
complaints against physicians. Such advisors shall serve
under contract and shall be reimbursed at a reasonable rate
for the services provided, plus reasonable expenses incurred.
While serving in this capacity, the advisor, for any act
undertaken in good faith and in the conduct of their duties
under this Section, shall be immune from civil suit.
(Source: P.A. 89-507, eff. 7-1-97; 89-702, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.