093_HB1356enr HB1356 Enrolled LRB093 04238 AMC 04283 b 1 AN ACT concerning the practice of medicine. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Medical Practice Act of 1987 is amended 5 by changing Section 7 as follows: 6 (225 ILCS 60/7) (from Ch. 111, par. 4400-7) 7 (Section scheduled to be repealed on January 1, 2007) 8 Sec. 7. Medical Disciplinary Board. 9 (A) There is hereby created the Illinois State Medical 10 Disciplinary Board (hereinafter referred to as the 11 "Disciplinary Board"). The Disciplinary Board shall consist 12 of 9 members, to be appointed by the Governor by and with the 13 advice and consent of the Senate. All shall be residents of 14 the State, not more than 5 of whom shall be members of the 15 same political party. Five members shall be physicians 16 licensed to practice medicine in all of its branches in 17 Illinois possessing the degree of doctor of medicine. Two 18 shall be members of the public, who shall not be engaged in 19 any way, directly or indirectly, as providers of health care. 20 The 2 public members shall act as voting members.nonvoting,21ex-officio members and shall not be considered in determining22the existence, or lack of existence, of a quorum for all23purposes for which a quorum may be called pursuant to this24Act.One member shall be a physician licensed to practice in 25 Illinois possessing the degree of doctor of osteopathy or 26 osteopathic medicine. One member shall be a physician 27 licensed to practice in Illinois and possessing the degree of 28 doctor of chiropractic. 29 (B) Members of the Disciplinary Board shall be appointed 30 for terms of 4 years. Upon the expiration of the term of any 31 member, their successor shall be appointed for a term of 4 HB1356 Enrolled -2- LRB093 04238 AMC 04283 b 1 years by the Governor by and with the advice and consent of 2 the Senate. The Governor shall fill any vacancy for the 3 remainder of the unexpired term by and with the advice and 4 consent of the Senate. Upon recommendation of the Board, any 5 member of the Disciplinary Board may be removed by the 6 Governor for misfeasance, malfeasance, or wilful neglect of 7 duty, after notice, and a public hearing, unless such notice 8 and hearing shall be expressly waived in writing. Each 9 member shall serve on the Disciplinary Board until their 10 successor is appointed and qualified. No member of the 11 Disciplinary Board shall serve more than 2 consecutive 4 year 12 terms. 13 In making appointments the Governor shall attempt to 14 insure that the various social and geographic regions of the 15 State of Illinois are properly represented. 16 In making the designation of persons to act for the 17 several professions represented on the Disciplinary Board, 18 the Governor shall give due consideration to recommendations 19 by members of the respective professions and by organizations 20 therein. 21 (C) The Disciplinary Board shall annually elect one of 22 its voting members as chairperson and one as vice 23 chairperson. No officer shall be elected more than twice in 24 succession to the same office. Each officer shall serve 25 until their successor has been elected and qualified. 26 (D) (Blank). 27 (E) Four voting members of the Disciplinary Board shall 28 constitute a quorum. A vacancy in the membership of the 29 Disciplinary Board shall not impair the right of a quorum to 30 exercise all the rights and perform all the duties of the 31 Disciplinary Board. Any action taken by the Disciplinary 32 Board under this Act may be authorized by resolution at any 33 regular or special meeting and each such resolution shall 34 take effect immediately. The Disciplinary Board shall meet HB1356 Enrolled -3- LRB093 04238 AMC 04283 b 1 at least quarterly. The Disciplinary Board is empowered to 2 adopt all rules and regulations necessary and incident to the 3 powers granted to it under this Act. 4 (F) Each member, and member-officer, of the Disciplinary 5 Board shall receive a per diem stipend as the Director of the 6 Department, hereinafter referred to as the Director, shall 7 determine. The Director shall also determine the per diem 8 stipend that each ex-officio member shall receive. Each 9 member shall be paid their necessary expenses while engaged 10 in the performance of their duties. 11 (G) The Director shall select a Chief Medical 12 Coordinator and a Deputy Medical Coordinator who shall not be 13 members of the Disciplinary Board. Each medical coordinator 14 shall be a physician licensed to practice medicine in all of 15 its branches, and the Director shall set their rates of 16 compensation. The Director shall assign one medical 17 coordinator to a region composed of Cook County and such 18 other counties as the Director may deem appropriate, and such 19 medical coordinator shall locate their office in Chicago. 20 The Director shall assign the remaining medical coordinator 21 to a region composed of the balance of counties in the State, 22 and such medical coordinator shall locate their office in 23 Springfield. Each medical coordinator shall be the chief 24 enforcement officer of this Act in their assigned region and 25 shall serve at the will of the Disciplinary Board. 26 The Director shall employ, in conformity with the 27 Personnel Code, not less than one full time investigator for 28 every 5000 physicians licensed in the State. Each 29 investigator shall be a college graduate with at least 2 30 years' investigative experience or one year advanced medical 31 education. Upon the written request of the Disciplinary 32 Board, the Director shall employ, in conformity with the 33 Personnel Code, such other professional, technical, 34 investigative, and clerical help, either on a full or HB1356 Enrolled -4- LRB093 04238 AMC 04283 b 1 part-time basis as the Disciplinary Board deems necessary for 2 the proper performance of its duties. 3 (H) Upon the specific request of the Disciplinary Board, 4 signed by either the chairman, vice chairman, or a medical 5 coordinator of the Disciplinary Board, the Department of 6 Human Services or the Department of State Police shall make 7 available any and all information that they have in their 8 possession regarding a particular case then under 9 investigation by the Disciplinary Board. 10 (I) Members of the Disciplinary Board shall be immune 11 from suit in any action based upon any disciplinary 12 proceedings or other acts performed in good faith as members 13 of the Disciplinary Board. 14 (J) The Disciplinary Board may compile and establish a 15 statewide roster of physicians and other medical 16 professionals, including the several medical specialties, of 17 such physicians and medical professionals, who have agreed to 18 serve from time to time as advisors to the medical 19 coordinators. Such advisors shall assist the medical 20 coordinators in their investigations and participation in 21 complaints against physicians. Such advisors shall serve 22 under contract and shall be reimbursed at a reasonable rate 23 for the services provided, plus reasonable expenses incurred. 24 While serving in this capacity, the advisor, for any act 25 undertaken in good faith and in the conduct of their duties 26 under this Section, shall be immune from civil suit. 27 (Source: P.A. 89-507, eff. 7-1-97; 89-702, eff. 7-1-97.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.