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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4643
Introduced 02/04/04, by Randall M. Hultgren, Carole Pankau, Ralph C. Capparelli, Terry R. Parke, William J. Grunloh, et al. SYNOPSIS AS INTRODUCED: |
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New Act |
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225 ILCS 60/22 |
from Ch. 111, par. 4400-22 |
225 ILCS 60/23 |
from Ch. 111, par. 4400-23 |
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Creates the Woman's Right to Know Act and amends the Medical Practice Act of
1987. Provides that an abortion shall not be performed or induced unless the
woman has given her voluntary and informed consent, and states guidelines
for determining whether a woman's consent is voluntary and informed. Requires
the
Department of Public Health to publish printed materials and an informational video concerning certain prenatal
services. Requires a physician to inform a woman of the existence of
a medical emergency that necessitates an immediate abortion to avert her death
or
serious injury.
Effective 120 days after becoming law.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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| AN ACT in relation to health.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Woman's Right to Know
Act .
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| Section 5. Legislative findings and intent.
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| (a) The General Assembly of the State of Illinois finds |
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| that:
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| (1) Many women now seek or are encouraged to undergo |
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| elective
abortions without full knowledge of the medical |
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| and psychological risks of
abortion, development of the |
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| unborn child, or alternatives to abortion. An
abortion |
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| decision is often made under stressful circumstances.
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| (2) The knowledgeable exercise of a woman's decision to |
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| have an elective
abortion depends on the extent to which |
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| the woman receives sufficient
information to make a |
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| voluntary and informed choice between 2 alternatives of
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| great consequence: carrying a child to birth or undergoing |
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| an abortion.
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| (3) The U.S. Supreme Court has stated: "In attempting |
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| to ensure that a
woman apprehends the full consequences of |
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| her decision, the State furthers the
legitimate purpose of |
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| reducing the risk that a woman may elect an abortion,
only
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| to discover later, with devastating psychological |
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| consequences, that her
decision
was not fully informed." |
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| (Planned Parenthood of Southeastern Pennsylvania v.
Casey, |
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| 112 U.S. 2791, 2823 (1992).
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| (4) The decision to abort "is an important, and often a |
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| stressful one, and
it
is desirable and imperative that it |
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| be made with full knowledge of its nature
and
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| consequences." (Planned Parenthood v. Danforth, 428 U.S. |
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| 52, 67 (1976).
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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| (5) It is essential to the psychological and physical |
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| well-being of a
woman
considering an elective abortion that |
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| she receive complete and accurate
information on all |
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| options available to her in dealing with her pregnancy.
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| (6) Women who seek elective abortions at abortion |
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| clinics
do not have a prior patient-physician relationship |
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| with the physician who
is to perform or induce the |
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| abortion, normally do not return to the facility
for
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| post-operative
care, and normally do not continue a |
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| patient-physician relationship with the
physician who |
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| performed or induced the abortion. In most instances, the
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| woman's
only actual contact with the physician occurs |
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| simultaneously with the abortion
procedure, with little |
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| opportunity to receive personal counseling by the
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| physician
concerning her decision. Because of this, |
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| certain safeguards are necessary to
protect a woman's right |
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| to know.
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| (7) A reasonable waiting period is critical to ensure |
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| that a woman has the
fullest opportunity to give her |
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| voluntary and informed consent before she
elects to
undergo |
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| an abortion.
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| (b) Based on the findings in subsection (a), it is the |
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| intent of the
legislature in
enacting this Act to further the |
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| important and compelling State interests in
all of the
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| following:
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| (1) Protecting the life and health of the woman subject |
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| to an elective
abortion and, to the extent constitutionally |
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| permissible, the life of her
unborn
child.
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| (2) Fostering the development of standards of |
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| professional conduct in the
practice of abortion.
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| (3) Ensuring that prior to the performance or |
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| inducement of an elective
abortion, the woman considering |
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| an elective abortion receives personal
counseling by the |
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| physician and is given a full range of information |
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| regarding
her pregnancy, her unborn child, the abortion, |
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| the medical and psychological
risks of abortion, and |
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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| available alternatives to the abortion.
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| (4) Reducing the risk that a woman may elect an |
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| abortion, only to discover
later, with devastating |
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| psychological consequences, that her decision was not
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| fully informed. Planned Parenthood v. Casey, 112 S. Ct. |
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| 2971, 2823 (1992).
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| (5) Ensuring that a woman who decides to have an |
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| elective abortion gives
her voluntary and informed consent |
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| to the abortion procedure.
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| Section 10. Definitions. As used in this Act:
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| "Abortion" means the use of any instrument, medicine, drug, |
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| or
other substance or device to terminate the pregnancy of a |
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| woman
known to be pregnant with an intention other than to |
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| increase the probability
of a live birth, to
preserve the life |
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| or health of a
child after birth, or to remove a dead fetus.
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| "Department" means the Department of Public Health of the |
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| State of Illinois.
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| "Medical emergency" means any condition that, on the basis |
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| of the
physician's reasonable medical judgment, so complicates |
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| the medical condition
of a pregnant female as to necessitate |
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| the immediate abortion of her pregnancy
to avert her death or |
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| for which a delay will create serious risk of substantial
and |
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| irreversible impairment of a major bodily function.
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| "Probable gestational age of the unborn child" means the |
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| number of weeks that
have elapsed from the probable time of |
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| fertilization of a woman's ovum, based
on the information |
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| provided by the woman as to the time of her last menstrual
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| period, her medical history, a physical examination performed |
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| by the physician
who is to perform or induce the abortion or by |
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| any other physician, and any
appropriate laboratory tests |
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| performed on her.
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| "Qualified person assisting the physician" means a |
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| licensed social worker, a
registered nurse, or a physician |
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| assistant to whom a physician who is to
perform
or induce an |
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| abortion has delegated the responsibility, as the physician's
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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| agent, for providing the information required under Section 15.
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| "Referring physician" means a physician, as defined in this |
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| Act, who is other
than
the physician who is to perform the |
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| abortion.
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| "Physician" means any person licensed to practice medicine |
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| in all its
branches under the Medical Practice Act of 1987.
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| "Viability" means the state of fetal development when, in |
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| the judgment of the
physician based on the particular facts of |
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| the case before him or her and in
light of the most advanced |
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| medical technology and information available to him
or her, |
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| there is a reasonable likelihood of sustained survival of the |
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| unborn
child outside the body of his or her mother, with or |
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| without artificial
support.
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| Section 15. Informed consent requirement.
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| (a) An abortion shall not be performed or induced unless |
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| the woman upon whom
the abortion is to be performed or induced |
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| has given her voluntary and informed
consent.
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| (b) Consent under this Section to an abortion is voluntary |
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| only if the
consent is given freely and without coercion by any |
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| person.
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| (c) Except in the case of a medical emergency, consent to |
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| an abortion is
voluntary and informed if and only if:
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| (1) At least 24 hours before the abortion is to be |
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| performed or induced,
the physician who is to perform or |
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| induce the abortion or the referring
physician has, in |
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| person, orally informed the woman of all of
the following:
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| (A) The name of the physician who will perform the |
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| abortion.
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| (B) Whether, according to the reasonable medical |
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| judgment
of the physician, the woman is pregnant.
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| (C) The probable gestational age of the unborn |
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| child at the time
that the information is provided.
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| (D) The particular medical risks, if any, |
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| associated with the
woman's pregnancy.
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| (E) The probable anatomical and physiological |
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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| characteristics of
the woman's unborn child at the time |
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| the information is given.
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| (F) The details of the medical or surgical method |
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| that would be
used in performing or inducing the |
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| abortion.
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| (G) The medical risks associated with the |
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| particular abortion
procedure that would be used, |
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| including but not limited to the medical
risks of |
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| infection, psychological trauma, hemorrhage, |
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| endometritis,
perforated uterus, incomplete abortion, |
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| failed abortion,
danger to subsequent pregnancies, and |
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| infertility.
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| (H) The recommended general medical instructions |
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| for the woman
to follow after an abortion to enhance |
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| her safe recovery and the name and
telephone number of |
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| a physician to call if complications arise after the
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| abortion.
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| (I) If, in the reasonable medical judgment of the |
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| physician, the
woman's unborn child has reached |
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| viability, that the physician who is to
perform or |
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| induce the abortion or a second physician is required |
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| to take all
reasonable steps necessary to maintain the |
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| life and health of the child.
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| (J) Any other information that a reasonable |
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| patient would consider
material and relevant to a |
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| decision of whether to carry a child to
birth or to |
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| undergo an abortion.
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| (K) That the woman may withdraw her consent to have |
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| an abortion
at any time before the abortion is |
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| performed or induced.
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| (L) That, except as provided in Section 25, the |
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| woman is not
required to pay any amount for performance |
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| or inducement of the abortion
until at least 24 hours |
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| have elapsed after the requirements of this Section
are |
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| met.
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| (2) Except as provided in Section 25, at least 24 hours |
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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| before the
abortion
is to be performed or induced, the |
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| physician who is to perform or induce the
abortion, a |
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| qualified person assisting the physician, or another |
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| physician has,
in person, orally informed the woman of all |
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| of the following:
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| (A) Medical assistance benefits may be available |
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| for prenatal care,
childbirth, and neonatal care, and |
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| that more detailed information on the
availability of |
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| such assistance is contained in the printed materials |
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| given to
her and informational video available to her |
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| and described in Section 20.
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| (B) That the printed materials and informational |
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| video described in Section 20 describe the unborn child |
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| and list agencies that offer alternatives to abortion. |
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| (C) That the father of the unborn child is liable |
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| for assistance in the
support of the woman's child, if |
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| born, even if the father has offered to pay
for the |
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| abortion. In the case of rape or incest, this |
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| information may be
omitted.
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| (D) The probable gestational age of the unborn |
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| child at the time the
abortion is to be performed, and, |
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| if the unborn child is viable or has
reached the |
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| gestational age of 24 weeks, that (i) the unborn child |
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| may be
able to survive outside the womb; (ii) the woman |
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| has the right to request
the physician to use the |
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| method of abortion that is most likely to preserve
the |
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| life of the unborn child; and (iii) if the unborn child |
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| is born alive, the
attending physician has the legal |
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| obligation to take all reasonable steps
necessary to |
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| maintain the life and health of the child.
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| (E) That the woman has the right to receive and |
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| review the printed
materials and informational video |
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| described in Section 20.
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| (F) That the physician or qualified person |
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| assisting the physician must
(i)
physically give the |
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| materials to the woman and must, in person, orally
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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| inform her that the materials are free of charge, have |
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| been provided by the
State, and describe the unborn |
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| child and list agencies that offer alternatives
to |
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| abortion and that the physician or other person will |
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| provide her with the
current updated copies of the
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| printed materials free of charge.
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| (3) The information that is required under |
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| subdivisions (c)(1) and (c)(2)
is
provided to the woman in |
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| an individual setting that protects her privacy,
maintains |
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| the confidentiality of her decision, and ensures that the |
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| information
she
receives focuses on her individual |
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| circumstances. This paragraph (3) may not
be
construed to |
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| prevent the woman from having a family member or legal |
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| guardian,
or any other person of her choice, present during |
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| her private counseling.
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| (4) Whoever provides the information that is required |
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| under subdivision
(c)(1) or (c)(2), or both, provides |
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| adequate opportunity for the woman to ask
questions, |
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| including questions concerning the pregnancy, her unborn |
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| child,
abortion, and adoption, and provides the |
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| information that is requested or
indicates to the woman |
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| where she can obtain the information.
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| (4.5) Whoever provides the information that is |
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| required under
subdivision (c)(1) or (c)(2), or both, |
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| identifies himself or herself
by name and position.
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| (5) The woman certifies in writing on a form that the |
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| Department shall
provide, prior to performance or |
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| inducement of the abortion, that the
information that is |
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| required under subdivisions (c)(1) and (c)(2) has been
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| provided
to her in the
manner specified in subdivision |
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| (c)(3), that she has been offered the
information described |
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| in Section 20, and that all of her questions, as
specified
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| under subdivision (c)(4) have been answered in a |
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| satisfactory manner. The
physician who is to perform or |
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| induce the abortion or the qualified person
assisting the |
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| physician shall write on the certification form the name of |
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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| the
physician who is to perform or induce the abortion. The |
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| woman shall indicate
on the certification form who provided |
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| the information to her and when it was
provided.
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| (6) Prior to the performance or the inducement of the |
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| abortion, the
physician who is to perform or induce the |
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| abortion or the qualified person
assisting the physician |
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| receives the written certification that is required
under |
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| subdivision (c)(5). The physician or qualified person |
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| assisting the
physician shall place the certification in |
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| the woman's
medical record and shall provide the woman with |
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| a copy of the certification.
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| (7) If the woman considering an abortion has been |
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| adjudicated
incompetent, the
requirements to provide |
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| information to the woman under Section
15 apply to also |
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| require provision of the information to the person |
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| appointed
as the woman's guardian.
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| Section 20. Publication of materials.
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| (a) Within 120 days after
this Act becomes law, the |
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| Department shall cause to be published, in English,
Spanish,
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| and other languages spoken by a significant number of State |
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| residents, as
determined by the Department, printed materials |
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| and an informational video. The printed materials shall be in |
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| an easily comprehensible
format and printed in type of not less
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| than 12-point size. The Department shall update on an annual |
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| basis the
following materials:
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| (1) Geographically indexed materials that are designed |
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| to inform a woman
about public and private agencies, |
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| including adoption agencies,
available to assist her |
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| through
pregnancy, upon childbirth, and while the child is |
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| dependent. The materials
shall include a comprehensive |
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| list of the agencies available, a description of
the |
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| services that they offer, and a description of the manner |
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| in which they may
be contacted, including telephone numbers |
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| and addresses. The materials shall
include a toll-free, |
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| 24-hour telephone number that may be called to obtain an
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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| oral listing of available agencies and services in the |
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| locality of the caller
and a description of the services |
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| that the agencies offer and the manner in
which
they may be |
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| contacted. The materials shall provide information on the
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| availability of governmentally funded programs that serve |
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| pregnant women and
children.
Services identified for the |
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| woman shall include temporary assistance for needy
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| families,
medical assistance for pregnant women and |
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| children, the availability
of family or medical leave, |
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| child care services, child support laws, and
programs and |
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| the credit for expenses for household and dependent care |
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| and
services necessary for gainful employment.
The |
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| materials shall state that it
is unlawful to perform an |
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| abortion
for which consent has been coerced,
that the |
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| father of a child is liable for assistance in the
support |
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| of the child,
even in instances in which the father has |
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| offered to pay for an abortion, and
that adoptive parents |
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| may pay the costs of prenatal care, childbirth, and
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| neonatal care.
The material shall include the following |
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| statement: "There are many public and
private agencies |
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| willing and able to help you to carry your child to term, |
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| and
to assist you and your child after your child is born, |
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| whether you choose to
keep your child or to place her or |
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| him for adoption. The State of Illinois
strongly urges you |
25 |
| to contact one or more of these agencies before making a
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| final decision about abortion. The law requires that your |
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| physician or his
or her agent give you the opportunity to |
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| call agencies like these before you
undergo
an abortion."
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| The materials shall include information, for a woman whose
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| pregnancy is the result of sexual assault or incest, on |
31 |
| legal protections
available to the woman and her child if |
32 |
| she wishes to oppose establishment of
paternity or to |
33 |
| terminate the father's parental rights.
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| (2) Materials, including photographs, pictures, or |
35 |
| drawings, that are
designed to inform the woman of the |
36 |
| probable anatomical and physiological
characteristics of |
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LRB093 15173 DRJ 40769 b |
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| the unborn child at 2-week gestational increments for the
|
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| first 16
weeks of her pregnancy and at 4-week gestational |
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| increments from the 17th week
of the pregnancy to full |
4 |
| term, including any relevant information regarding the
|
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| time at which the unborn child could possibly be viable. |
6 |
| The pictures or
drawings
must contain the dimensions of the |
7 |
| unborn child and must be realistic and
appropriate for the |
8 |
| stage of pregnancy depicted. The materials shall be
|
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| objective, nonjudgmental, and designed to convey only |
10 |
| accurate scientific
information about the unborn child at |
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| the various gestational ages, including
appearance, |
12 |
| mobility, brain and heart activity and function, tactile
|
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| sensitivity, and the presence of internal organs and |
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| external members. The
materials shall also contain |
15 |
| objective, accurate information describing the
methods of |
16 |
| abortion procedures commonly employed, the medical and |
17 |
| psychological
risks commonly associated with each
such |
18 |
| procedure, including the risks of infection, psychological |
19 |
| trauma,
hemorrhage, endometritis, perforated uterus, |
20 |
| incomplete
abortion, failed
abortion, danger to subsequent |
21 |
| pregnancies, and infertility, and the medical
risks |
22 |
| commonly associated with carrying a child to birth.
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| (3) A certification form for use under subdivision |
24 |
| (c)(5) of Section 15
that
lists, in a
check-off format, all |
25 |
| of the information required to be provided under that
|
26 |
| Section.
|
27 |
| The Department shall produce a standardized videotape that |
28 |
| may be used statewide, presenting the information described in |
29 |
| subdivisions (a)(1) and (a)(2) in accordance with the |
30 |
| requirements of those subdivisions. In preparing the video, the |
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| Department may summarize and make reference to the printed |
32 |
| comprehensive list of geographically indexed names and |
33 |
| services described in subdivision (a)(1). The videotape shall |
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| show, in addition to the information described in subdivisions |
35 |
| (a)(1) and (a)(2), an ultrasound of the heartbeat of an unborn |
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| child at 4 to 5 weeks gestational age, at 6 to 8 weeks |
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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| gestational age, and at each month thereafter, until viability. |
2 |
| That information shall be presented in an objective, unbiased |
3 |
| manner designed to convey only accurate scientific |
4 |
| information.
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| The printed materials and videotape required under this |
6 |
| Section shall be available at no cost from the Department, upon |
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| request and in appropriate number, to any physician, medical |
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| facility, or hospital. |
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| (b) A physician who intends to perform
or induce an |
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| abortion or a referring physician, who reasonably believes that |
11 |
| he
or she might have a patient for whom the information in |
12 |
| subsection (a) is
required to be given, shall request a |
13 |
| reasonably adequate number of the
materials that are described |
14 |
| in subsection (a) from the Department.
|
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| Section 25. Medical emergencies. If a medical emergency |
16 |
| exists, the
physician
who is to perform or induce the abortion |
17 |
| necessitated by the medical emergency
shall inform the woman, |
18 |
| prior to the
abortion if possible, of the medical indications |
19 |
| supporting the physician's
reasonable medical judgment that an |
20 |
| immediate abortion is necessary to avert
her death or that a |
21 |
| 24-hour delay in performance or inducement of an abortion
will |
22 |
| create a serious risk of substantial and irreversible |
23 |
| impairment of one or
more of the woman's major bodily |
24 |
| functions. If possible, the physician shall
obtain the woman's |
25 |
| written consent prior to the
abortion. The physician shall |
26 |
| certify these medical indications in writing and
place the |
27 |
| certification in the woman's medical record.
|
28 |
| Section 30. Pregnancy as the result of sexual assault or |
29 |
| incest. A woman
seeking an abortion may waive the 24-hour |
30 |
| period required under subdivision
(c)(1) of Section 15, if the |
31 |
| woman
alleges that the pregnancy is the result of sexual |
32 |
| assault.
|
33 |
| Section 35. Violation; penalty. A physician's violation of |
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
|
|
1 |
| this Act is
grounds for disciplinary action under the Medical |
2 |
| Practice Act of 1987.
|
3 |
| Section 40. Common law rights.
Nothing in this Act limits |
4 |
| the common law rights of a person that
are
not in conflict with |
5 |
| this Act.
|
6 |
| Section 50. Construction. Nothing in this Act shall be |
7 |
| construed as creating
or
recognizing a right to abortion or as |
8 |
| making lawful an abortion that is
otherwise unlawful.
|
9 |
| Section 55. Severability.
If any provision, word, phrase, |
10 |
| or clause of this Act or its application to any
person or |
11 |
| circumstance is held invalid, the invalidity of that provision |
12 |
| or
application does not affect the provisions, words, phrases, |
13 |
| clauses, or
applications of the Act which can be given effect |
14 |
| without the invalid
provision, word, phrase, clause, or |
15 |
| application, and to this end the
provisions, words, phrases, |
16 |
| and clauses of this Act are declared to be
severable.
|
17 |
| Section 90. The Medical Practice Act of 1987 is amended
by |
18 |
| changing Sections
22 and 23 as follows:
|
19 |
| (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
|
20 |
| Sec. 22. Disciplinary action.
|
21 |
| (A) The Department may revoke, suspend, place on |
22 |
| probationary
status, or take any other disciplinary action as |
23 |
| the Department may deem proper
with regard to the license or |
24 |
| visiting professor permit of any person issued
under this Act |
25 |
| to practice medicine, or to treat human ailments without the |
26 |
| use
of drugs and without operative surgery upon any of the |
27 |
| following grounds:
|
28 |
| (1) Performance of an elective abortion in any place, |
29 |
| locale,
facility, or
institution other than:
|
30 |
| (a) a facility licensed pursuant to the Ambulatory |
31 |
| Surgical Treatment
Center Act;
|
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
|
|
1 |
| (b) an institution licensed under the Hospital |
2 |
| Licensing Act; or
|
3 |
| (c) an ambulatory surgical treatment center or |
4 |
| hospitalization or care
facility maintained by the |
5 |
| State or any agency thereof, where such department
or |
6 |
| agency has authority under law to establish and enforce |
7 |
| standards for the
ambulatory surgical treatment |
8 |
| centers, hospitalization, or care facilities
under its |
9 |
| management and control; or
|
10 |
| (d) ambulatory surgical treatment centers, |
11 |
| hospitalization or care
facilities maintained by the |
12 |
| Federal Government; or
|
13 |
| (e) ambulatory surgical treatment centers, |
14 |
| hospitalization or care
facilities maintained by any |
15 |
| university or college established under the laws
of |
16 |
| this State and supported principally by public funds |
17 |
| raised by
taxation.
|
18 |
| (2) Performance of an abortion procedure in a wilful |
19 |
| and wanton
manner on a
woman who was not pregnant at the |
20 |
| time the abortion procedure was
performed.
|
21 |
| (3) The conviction of a felony in this or any other
|
22 |
| jurisdiction, except as
otherwise provided in subsection B |
23 |
| of this Section, whether or not related to
practice under |
24 |
| this Act, or the entry of a guilty or nolo contendere plea |
25 |
| to a
felony charge.
|
26 |
| (4) Gross negligence in practice under this Act.
|
27 |
| (5) Engaging in dishonorable, unethical or |
28 |
| unprofessional
conduct of a
character likely to deceive, |
29 |
| defraud or harm the public.
|
30 |
| (6) Obtaining any fee by fraud, deceit, or
|
31 |
| misrepresentation.
|
32 |
| (7) Habitual or excessive use or abuse of drugs defined |
33 |
| in law
as
controlled substances, of alcohol, or of any |
34 |
| other substances which results in
the inability to practice |
35 |
| with reasonable judgment, skill or safety.
|
36 |
| (8) Practicing under a false or, except as provided by |
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
|
|
1 |
| law, an
assumed
name.
|
2 |
| (9) Fraud or misrepresentation in applying for, or |
3 |
| procuring, a
license
under this Act or in connection with |
4 |
| applying for renewal of a license under
this Act.
|
5 |
| (10) Making a false or misleading statement regarding |
6 |
| their
skill or the
efficacy or value of the medicine, |
7 |
| treatment, or remedy prescribed by them at
their direction |
8 |
| in the treatment of any disease or other condition of the |
9 |
| body
or mind.
|
10 |
| (11) Allowing another person or organization to use |
11 |
| their
license, procured
under this Act, to practice.
|
12 |
| (12) Disciplinary action of another state or |
13 |
| jurisdiction
against a license
or other authorization to |
14 |
| practice as a medical doctor, doctor of osteopathy,
doctor |
15 |
| of osteopathic medicine or
doctor of chiropractic, a |
16 |
| certified copy of the record of the action taken by
the |
17 |
| other state or jurisdiction being prima facie evidence |
18 |
| thereof.
|
19 |
| (13) Violation of any provision of this Act or of the |
20 |
| Medical
Practice Act
prior to the repeal of that Act, or |
21 |
| violation of the rules, or a final
administrative action of |
22 |
| the Director, after consideration of the
recommendation of |
23 |
| the Disciplinary Board.
|
24 |
| (14) Dividing with anyone other than physicians with |
25 |
| whom the
licensee
practices in a partnership, Professional |
26 |
| Association, limited liability
company, or Medical or |
27 |
| Professional
Corporation any fee, commission, rebate or |
28 |
| other form of compensation for any
professional services |
29 |
| not actually and personally rendered. Nothing contained
in |
30 |
| this subsection prohibits persons holding valid and |
31 |
| current licenses under
this Act from practicing medicine in |
32 |
| partnership under a partnership
agreement, including a |
33 |
| limited liability partnership, in a limited liability
|
34 |
| company under the Limited Liability Company Act, in a |
35 |
| corporation authorized by
the Medical Corporation Act, as |
36 |
| an
association authorized by the Professional Association |
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
|
|
1 |
| Act, or in a
corporation under the
Professional Corporation |
2 |
| Act or from pooling, sharing, dividing or
apportioning the |
3 |
| fees and monies received by them or by the partnership,
|
4 |
| corporation or association in accordance with the |
5 |
| partnership agreement or the
policies of the Board of |
6 |
| Directors of the corporation or association. Nothing
|
7 |
| contained in this subsection prohibits 2 or more |
8 |
| corporations authorized by the
Medical Corporation Act, |
9 |
| from forming a partnership or joint venture of such
|
10 |
| corporations, and providing medical, surgical and |
11 |
| scientific research and
knowledge by employees of these |
12 |
| corporations if such employees are licensed
under this Act, |
13 |
| or from pooling, sharing, dividing, or apportioning the |
14 |
| fees
and monies received by the partnership or joint |
15 |
| venture in accordance with the
partnership or joint venture |
16 |
| agreement. Nothing contained in this subsection
shall |
17 |
| abrogate the right of 2 or more persons, holding valid and |
18 |
| current
licenses under this Act, to each receive adequate |
19 |
| compensation for concurrently
rendering professional |
20 |
| services to a patient and divide a fee; provided, the
|
21 |
| patient has full knowledge of the division, and, provided, |
22 |
| that the division is
made in proportion to the services |
23 |
| performed and responsibility assumed by
each.
|
24 |
| (15) A finding by the Medical Disciplinary Board that |
25 |
| the
registrant after
having his or her license placed on |
26 |
| probationary status or subjected to
conditions or |
27 |
| restrictions violated the terms of the probation or failed |
28 |
| to
comply with such terms or conditions.
|
29 |
| (16) Abandonment of a patient.
|
30 |
| (17) Prescribing, selling, administering, |
31 |
| distributing, giving
or
self-administering any drug |
32 |
| classified as a controlled substance (designated
product) |
33 |
| or narcotic for other than medically accepted therapeutic
|
34 |
| purposes.
|
35 |
| (18) Promotion of the sale of drugs, devices, |
36 |
| appliances or
goods provided
for a patient in such manner |
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
|
|
1 |
| as to exploit the patient for financial gain of
the |
2 |
| physician.
|
3 |
| (19) Offering, undertaking or agreeing to cure or treat
|
4 |
| disease by a secret
method, procedure, treatment or |
5 |
| medicine, or the treating, operating or
prescribing for any |
6 |
| human condition by a method, means or procedure which the
|
7 |
| licensee refuses to divulge upon demand of the Department.
|
8 |
| (20) Immoral conduct in the commission of any act |
9 |
| including,
but not limited to, commission of an act of |
10 |
| sexual misconduct related to the
licensee's
practice.
|
11 |
| (21) Wilfully making or filing false records or reports |
12 |
| in his
or her
practice as a physician, including, but not |
13 |
| limited to, false records to
support claims against the |
14 |
| medical assistance program of the Department of
Public Aid |
15 |
| under the Illinois Public Aid Code.
|
16 |
| (22) Wilful omission to file or record, or wilfully |
17 |
| impeding
the filing or
recording, or inducing another |
18 |
| person to omit to file or record, medical
reports as |
19 |
| required by law, or wilfully failing to report an instance |
20 |
| of
suspected abuse or neglect as required by law.
|
21 |
| (23) Being named as a perpetrator in an indicated |
22 |
| report by
the Department
of Children and Family Services |
23 |
| under the Abused and Neglected Child Reporting
Act, and |
24 |
| upon proof by clear and convincing evidence that the |
25 |
| licensee has
caused a child to be an abused child or |
26 |
| neglected child as defined in the
Abused and Neglected |
27 |
| Child Reporting Act.
|
28 |
| (24) Solicitation of professional patronage by any
|
29 |
| corporation, agents or
persons, or profiting from those |
30 |
| representing themselves to be agents of the
licensee.
|
31 |
| (25) Gross and wilful and continued overcharging for
|
32 |
| professional services,
including filing false statements |
33 |
| for collection of fees for which services are
not rendered, |
34 |
| including, but not limited to, filing such false statements |
35 |
| for
collection of monies for services not rendered from the |
36 |
| medical assistance
program of the Department of Public Aid |
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
|
|
1 |
| under the Illinois Public Aid
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 the
|
6 |
| inability to
practice under this Act with reasonable |
7 |
| judgment, skill or safety.
|
8 |
| (28) Physical illness, including, but not limited to,
|
9 |
| deterioration through
the aging process, or loss of motor |
10 |
| skill which results in a physician's
inability to practice |
11 |
| under this Act with reasonable judgment, skill or
safety.
|
12 |
| (29) Cheating on or attempt to subvert the licensing
|
13 |
| examinations
administered under this Act.
|
14 |
| (30) Wilfully or negligently violating the |
15 |
| confidentiality
between
physician and patient except as |
16 |
| required by law.
|
17 |
| (31) The use of any false, fraudulent, or deceptive |
18 |
| statement
in any
document connected with practice under |
19 |
| this Act.
|
20 |
| (32) Aiding and abetting an individual not licensed |
21 |
| under this
Act in the
practice of a profession licensed |
22 |
| under this Act.
|
23 |
| (33) Violating state or federal laws or regulations |
24 |
| relating
to controlled
substances.
|
25 |
| (34) Failure to report to the Department any adverse |
26 |
| final
action taken
against them by another licensing |
27 |
| jurisdiction (any other state or any
territory of the |
28 |
| United States or any foreign state or country), by any peer
|
29 |
| review body, by any health care institution, by any |
30 |
| professional society or
association related to practice |
31 |
| under this Act, by any governmental agency, by
any law |
32 |
| enforcement agency, or by any court for acts or conduct |
33 |
| similar to acts
or conduct which would constitute grounds |
34 |
| for action as defined in this
Section.
|
35 |
| (35) Failure to report to the Department surrender of a
|
36 |
| license or
authorization to practice as a medical doctor, a |
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
|
|
1 |
| doctor of osteopathy, a
doctor of osteopathic medicine, or |
2 |
| doctor
of chiropractic in another state or jurisdiction, or |
3 |
| surrender of membership on
any medical staff or in any |
4 |
| medical or professional association or society,
while |
5 |
| under disciplinary investigation by any of those |
6 |
| authorities or bodies,
for acts or conduct similar to acts |
7 |
| or conduct which would constitute grounds
for action as |
8 |
| defined in this Section.
|
9 |
| (36) Failure to report to the Department any adverse |
10 |
| judgment,
settlement,
or award arising from a liability |
11 |
| claim related to acts or conduct similar to
acts or conduct |
12 |
| which would constitute grounds for action as defined in |
13 |
| this
Section.
|
14 |
| (37) Failure to transfer copies of medical records as |
15 |
| required
by law.
|
16 |
| (38) Failure to furnish the Department, its |
17 |
| investigators or
representatives, relevant information, |
18 |
| legally requested by the Department
after consultation |
19 |
| with the Chief Medical Coordinator or the Deputy Medical
|
20 |
| Coordinator.
|
21 |
| (39) Violating the Health Care Worker Self-Referral
|
22 |
| Act.
|
23 |
| (40) Willful failure to provide notice when notice is |
24 |
| required
under the
Parental Notice of Abortion Act of 1995.
|
25 |
| (41) Failure to establish and maintain records of |
26 |
| patient care
and
treatment as required by this law.
|
27 |
| (42) Entering into an excessive number of written |
28 |
| collaborative
agreements with licensed advanced practice |
29 |
| nurses resulting in an inability to
adequately collaborate |
30 |
| and provide medical direction.
|
31 |
| (43) Repeated failure to adequately collaborate with |
32 |
| or provide medical
direction to a licensed advanced |
33 |
| practice nurse.
|
34 |
| (44) Willful failure to provide a woman with the |
35 |
| information
required under subdivision (c)(1) or (c)(2) of |
36 |
| Section 15 of
the Woman's Right to Know Act.
|
|
|
|
HB4643 |
- 19 - |
LRB093 15173 DRJ 40769 b |
|
|
1 |
| All proceedings to suspend,
revoke, place on probationary |
2 |
| status, or take any
other disciplinary action as the Department |
3 |
| may deem proper, with regard to a
license on any of the |
4 |
| foregoing grounds, must be commenced within 3 years next
after |
5 |
| receipt by the Department of a complaint alleging the |
6 |
| commission of or
notice of the conviction order for any of the |
7 |
| acts described herein. Except
for the grounds numbered (8), (9) |
8 |
| and (29), no action shall be commenced more
than 5 years after |
9 |
| the date of the incident or act alleged to have violated
this |
10 |
| Section. In the event of the settlement of any claim or cause |
11 |
| of action
in favor of the claimant or the reduction to final |
12 |
| judgment of any civil action
in favor of the plaintiff, such |
13 |
| claim, cause of action or civil action being
grounded on the |
14 |
| allegation that a person licensed under this Act was negligent
|
15 |
| in providing care, the Department shall have an additional |
16 |
| period of one year
from the date of notification to the |
17 |
| Department under Section 23 of this Act
of such settlement or |
18 |
| final judgment in which to investigate and
commence formal |
19 |
| disciplinary proceedings under Section 36 of this Act, except
|
20 |
| as otherwise provided by law. The time during which the holder |
21 |
| of the license
was outside the State of Illinois shall not be |
22 |
| included within any period of
time limiting the commencement of |
23 |
| disciplinary action by the Department.
|
24 |
| The entry of an order or judgment by any circuit court |
25 |
| establishing that any
person holding a license under this Act |
26 |
| is a person in need of mental treatment
operates as a |
27 |
| suspension of that license. That person may resume their
|
28 |
| practice only upon the entry of a Departmental order based upon |
29 |
| a finding by
the Medical Disciplinary Board that they have been |
30 |
| determined to be recovered
from mental illness by the court and |
31 |
| upon the Disciplinary Board's
recommendation that they be |
32 |
| permitted to resume their practice.
|
33 |
| The Department may refuse to issue or take disciplinary |
34 |
| action concerning the license of any person
who fails to file a |
35 |
| return, or to pay the tax, penalty or interest shown in a
filed |
36 |
| return, or to pay any final assessment of tax, penalty or |
|
|
|
HB4643 |
- 20 - |
LRB093 15173 DRJ 40769 b |
|
|
1 |
| interest, as
required by any tax Act administered by the |
2 |
| Illinois Department of Revenue,
until such time as the |
3 |
| requirements of any such tax Act are satisfied as
determined by |
4 |
| the Illinois Department of Revenue.
|
5 |
| The Department, upon the recommendation of the |
6 |
| Disciplinary Board, shall
adopt rules which set forth standards |
7 |
| to be used in determining:
|
8 |
| (a) when a person will be deemed sufficiently |
9 |
| rehabilitated to warrant the
public trust;
|
10 |
| (b) what constitutes dishonorable, unethical or |
11 |
| unprofessional conduct of
a character likely to deceive, |
12 |
| defraud, or harm the public;
|
13 |
| (c) what constitutes immoral conduct in the commission |
14 |
| of any act,
including, but not limited to, commission of an |
15 |
| act of sexual misconduct
related
to the licensee's |
16 |
| practice; and
|
17 |
| (d) what constitutes gross negligence in the practice |
18 |
| of medicine.
|
19 |
| However, no such rule shall be admissible into evidence in |
20 |
| any civil action
except for review of a licensing or other |
21 |
| disciplinary action under this Act.
|
22 |
| In enforcing this Section, the Medical Disciplinary Board,
|
23 |
| upon a showing of a possible violation, may compel any |
24 |
| individual licensed to
practice under this Act, or who has |
25 |
| applied for licensure or a permit
pursuant to this Act, to |
26 |
| submit to a mental or physical examination, or both,
as |
27 |
| required by and at the expense of the Department. The examining |
28 |
| physician
or physicians shall be those specifically designated |
29 |
| by the Disciplinary Board.
The Medical Disciplinary Board or |
30 |
| the Department may order the examining
physician to present |
31 |
| testimony concerning this mental or physical examination
of the |
32 |
| licensee or applicant. No information shall be excluded by |
33 |
| reason of
any common
law or statutory privilege relating to |
34 |
| communication between the licensee or
applicant and
the |
35 |
| examining physician.
The individual to be examined may have, at |
36 |
| his or her own expense, another
physician of his or her choice |
|
|
|
HB4643 |
- 21 - |
LRB093 15173 DRJ 40769 b |
|
|
1 |
| present during all aspects of the examination.
Failure of any |
2 |
| individual to submit to mental or physical examination, when
|
3 |
| directed, shall be grounds for suspension of his or her license |
4 |
| until such time
as the individual submits to the examination if |
5 |
| the Disciplinary Board finds,
after notice and hearing, that |
6 |
| the refusal to submit to the examination was
without reasonable |
7 |
| cause. If the Disciplinary Board finds a physician unable
to |
8 |
| practice because of the reasons set forth in this Section, the |
9 |
| Disciplinary
Board shall require such physician to submit to |
10 |
| care, counseling, or treatment
by physicians approved or |
11 |
| designated by the Disciplinary Board, as a condition
for |
12 |
| continued, reinstated, or renewed licensure to practice. Any |
13 |
| physician,
whose license was granted pursuant to Sections 9, |
14 |
| 17, or 19 of this Act, or,
continued, reinstated, renewed, |
15 |
| disciplined or supervised, subject to such
terms, conditions or |
16 |
| restrictions who shall fail to comply with such terms,
|
17 |
| conditions or restrictions, or to complete a required program |
18 |
| of care,
counseling, or treatment, as determined by the Chief |
19 |
| Medical Coordinator or
Deputy Medical Coordinators, shall be |
20 |
| referred to the Director for a
determination as to whether the |
21 |
| licensee shall have their license suspended
immediately, |
22 |
| pending a hearing by the Disciplinary Board. In instances in
|
23 |
| which the Director immediately suspends a license under this |
24 |
| Section, a hearing
upon such person's license must be convened |
25 |
| by the Disciplinary Board within 15
days after such suspension |
26 |
| and completed without appreciable delay. The
Disciplinary |
27 |
| Board shall have the authority to review the subject |
28 |
| physician's
record of treatment and counseling regarding the |
29 |
| impairment, to the extent
permitted by applicable federal |
30 |
| statutes and regulations safeguarding the
confidentiality of |
31 |
| medical records.
|
32 |
| An individual licensed under this Act, affected under this |
33 |
| Section, shall be
afforded an opportunity to demonstrate to the |
34 |
| Disciplinary Board that they can
resume practice in compliance |
35 |
| with acceptable and prevailing standards under
the provisions |
36 |
| of their license.
|
|
|
|
HB4643 |
- 22 - |
LRB093 15173 DRJ 40769 b |
|
|
1 |
| The Department may promulgate rules for the imposition of |
2 |
| fines in
disciplinary cases, not to exceed $5,000 for each |
3 |
| violation of this Act. Fines
may be imposed in conjunction with |
4 |
| other forms of disciplinary action, but
shall not be the |
5 |
| exclusive disposition of any disciplinary action arising out
of |
6 |
| conduct resulting in death or injury to a patient. Any funds |
7 |
| collected from
such fines shall be deposited in the Medical |
8 |
| Disciplinary Fund.
|
9 |
| (B) The Department shall revoke the license or visiting
|
10 |
| permit of any person issued under this Act to practice medicine |
11 |
| or to treat
human ailments without the use of drugs and without |
12 |
| operative surgery, who
has been convicted a second time of |
13 |
| committing any felony under the
Illinois Controlled Substances |
14 |
| Act, or who has been convicted a second time of
committing a |
15 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois |
16 |
| Public
Aid Code. A person whose license or visiting permit is |
17 |
| revoked
under
this subsection B of Section 22 of this Act shall |
18 |
| be prohibited from practicing
medicine or treating human |
19 |
| ailments without the use of drugs and without
operative |
20 |
| surgery.
|
21 |
| (C) The Medical Disciplinary Board shall recommend to the
|
22 |
| Department civil
penalties and any other appropriate |
23 |
| discipline in disciplinary cases when the
Board finds that a |
24 |
| physician willfully performed an abortion with actual
|
25 |
| knowledge that the person upon whom the abortion has been |
26 |
| performed is a minor
or an incompetent person without notice as |
27 |
| required under the Parental Notice
of Abortion Act of 1995. |
28 |
| Upon the Board's recommendation, the Department shall
impose, |
29 |
| for the first violation, a civil penalty of $1,000 and for a |
30 |
| second or
subsequent violation, a civil penalty of $5,000.
|
31 |
| (D) The Medical Disciplinary Board shall recommend to the
|
32 |
| Department civil
penalties and any other appropriate |
33 |
| discipline in disciplinary cases when the
Board finds that a |
34 |
| physician willfully performed an abortion without
providing |
35 |
| the woman with the information required under subdivision
|
36 |
| (c)(1) or (c)(2) of Section 15 of the Woman's Right to Know
|
|
|
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LRB093 15173 DRJ 40769 b |
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|
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| Act. Upon the Board's recommendation, the Department shall
|
2 |
| impose, for the first violation, a civil penalty of $1,000 and |
3 |
| 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; 89-626, |
6 |
| eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
|
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 administrator
|
12 |
| or executive officer of any health care institution |
13 |
| licensed
by the Illinois Department of Public Health shall |
14 |
| report to
the Disciplinary Board when any person's clinical |
15 |
| privileges
are terminated or are restricted based on a |
16 |
| final
determination, in accordance with that institution's |
17 |
| by-laws
or rules and regulations, that a person has either |
18 |
| committed
an act or acts which may directly threaten |
19 |
| patient care, and not of an
administrative nature, or that |
20 |
| a person may be mentally or
physically disabled in such a |
21 |
| manner as to endanger patients
under that person's care. |
22 |
| Such officer also shall report if
a person accepts |
23 |
| voluntary termination or restriction of
clinical |
24 |
| privileges in lieu of formal action based upon conduct |
25 |
| related
directly to patient care and
not of an |
26 |
| administrative nature, or in lieu of formal action
seeking |
27 |
| to determine whether a person may be mentally or
physically |
28 |
| disabled in such a manner as to endanger patients
under |
29 |
| that person's care. The Medical Disciplinary Board
shall, |
30 |
| by rule, provide for the reporting to it of all
instances |
31 |
| in which a person, licensed under this Act, who is
impaired |
32 |
| by reason of age, drug or alcohol abuse or physical
or |
33 |
| mental impairment, is under supervision and, where
|
34 |
| appropriate, is in a program of rehabilitation. Such
|
35 |
| reports shall be strictly confidential and may be reviewed
|
|
|
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|
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| and considered only by the members of the Disciplinary
|
2 |
| Board, or by authorized staff as provided by rules of the
|
3 |
| Disciplinary Board. Provisions shall be made for the
|
4 |
| periodic report of the status of any such person not less
|
5 |
| than twice annually in order that the Disciplinary Board
|
6 |
| shall have current information upon which to determine the
|
7 |
| status of any such person. Such initial and periodic
|
8 |
| reports of impaired physicians shall not be considered
|
9 |
| records within the meaning of The State Records Act and
|
10 |
| shall be disposed of, following a determination by the
|
11 |
| Disciplinary Board that such reports are no longer |
12 |
| required,
in a manner and at such time as the Disciplinary |
13 |
| Board shall
determine by rule. The filing of such reports |
14 |
| shall be
construed as the filing of a report for purposes |
15 |
| of
subsection (C) of this Section.
|
16 |
| (2) Professional associations. The President or chief
|
17 |
| executive officer of any association or society, of persons
|
18 |
| licensed under this Act, operating within this State shall
|
19 |
| report to the Disciplinary Board when the association or
|
20 |
| society renders a final determination that a person has
|
21 |
| committed unprofessional conduct related directly to |
22 |
| patient
care or that a person may be mentally or physically |
23 |
| disabled
in such a manner as to endanger patients under |
24 |
| that person's
care.
|
25 |
| (3) Professional liability insurers. Every insurance
|
26 |
| company which offers policies of professional liability
|
27 |
| insurance to persons licensed under this Act, or any other
|
28 |
| entity which seeks to indemnify the professional liability
|
29 |
| of a person licensed under this Act, shall report to the
|
30 |
| Disciplinary Board the settlement of any claim or cause of
|
31 |
| action, or final judgment rendered in any cause of action,
|
32 |
| which alleged negligence in the furnishing of medical care
|
33 |
| by such licensed person when such settlement or final
|
34 |
| judgment is in favor of the plaintiff.
|
35 |
| (4) State's Attorneys. The State's Attorney of each
|
36 |
| county shall report to the Disciplinary Board all instances
|
|
|
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HB4643 |
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LRB093 15173 DRJ 40769 b |
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|
1 |
| in which a person licensed under this Act is convicted or
|
2 |
| otherwise found guilty of the commission of any felony.
The |
3 |
| State's Attorney
of each county may report to the |
4 |
| Disciplinary Board through a verified
complaint any |
5 |
| instance in which the State's Attorney believes that a |
6 |
| physician
has willfully violated the requirements
to |
7 |
| provide information to a woman under subdivision (c)(1) or |
8 |
| (c)(2) of
Section 15
of the Woman's Right to Know
Act.
The |
9 |
| State's Attorney
of each county may report to the |
10 |
| Disciplinary Board through a verified
complaint any |
11 |
| instance in which the State's Attorney believes that a |
12 |
| physician
has willfully violated the notice requirements |
13 |
| of the Parental Notice of
Abortion Act of 1995.
|
14 |
| (5) State agencies. All agencies, boards,
commissions, |
15 |
| departments, or other instrumentalities of the
government |
16 |
| of the State of Illinois shall report to the
Disciplinary |
17 |
| Board any instance arising in connection with
the |
18 |
| operations of such agency, including the administration
of |
19 |
| any law by such agency, in which a person licensed under
|
20 |
| this Act has either committed an act or acts which may be a
|
21 |
| violation of this Act or which may constitute |
22 |
| unprofessional
conduct related directly to patient care or |
23 |
| which indicates
that a person licensed under this Act may |
24 |
| be mentally or
physically disabled in such a manner as to |
25 |
| endanger patients
under that person's care.
|
26 |
| (B) Mandatory reporting. All reports required by items |
27 |
| (34), (35), and
(36) of subsection (A) of Section 22 and by |
28 |
| Section 23 shall be submitted to the Disciplinary Board in a |
29 |
| timely
fashion. The reports shall be filed in writing within 60
|
30 |
| days after a determination that a report is required under
this |
31 |
| Act. All reports shall contain the following
information:
|
32 |
| (1) The name, address and telephone number of the
|
33 |
| person making the report.
|
34 |
| (2) The name, address and telephone number of the
|
35 |
| person who is the subject of the report.
|
36 |
| (3) The name or other means of identification of any
|
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
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|
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| patient or patients whose treatment is a subject of the
|
2 |
| report, provided, however, no medical records may be
|
3 |
| revealed without the written consent of the patient or
|
4 |
| patients.
|
5 |
| (4) A brief description of the facts which gave rise
to |
6 |
| the issuance of the report, including the dates of any
|
7 |
| occurrences deemed to necessitate the filing of the report.
|
8 |
| (5) If court action is involved, the identity of the
|
9 |
| court in which the action is filed, along with the docket
|
10 |
| number and date of filing of the action.
|
11 |
| (6) Any further pertinent information which the
|
12 |
| reporting party deems to be an aid in the evaluation of the
|
13 |
| report.
|
14 |
| The Department shall have the right to inform patients of |
15 |
| the right to
provide written consent for the Department to |
16 |
| obtain copies of hospital and
medical records.
The Disciplinary |
17 |
| Board or Department may exercise the power under Section
38 of |
18 |
| this Act to subpoena copies of hospital or medical records in |
19 |
| mandatory
report cases alleging death or permanent bodily |
20 |
| injury when consent to obtain
records is not provided by a |
21 |
| patient or legal representative. Appropriate
rules shall be |
22 |
| adopted by the Department with the approval of the Disciplinary
|
23 |
| Board.
|
24 |
| When the Department has received written reports |
25 |
| concerning incidents
required to be reported in items (34), |
26 |
| (35), and (36) of subsection (A) of
Section 22, the licensee's |
27 |
| failure to report the incident to the Department
under those |
28 |
| items shall not be the sole grounds for disciplinary action.
|
29 |
| Nothing contained in this Section shall act to in any
way, |
30 |
| waive or modify the confidentiality of medical reports
and |
31 |
| committee reports to the extent provided by law. Any
|
32 |
| information reported or disclosed shall be kept for the
|
33 |
| confidential use of the Disciplinary Board, the Medical
|
34 |
| Coordinators, the Disciplinary Board's attorneys, the
medical |
35 |
| investigative staff, and authorized clerical staff,
as |
36 |
| provided in this Act, and shall be afforded the same
status as |
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
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|
1 |
| is provided information concerning medical studies
in Part 21 |
2 |
| of Article VIII of the Code of Civil Procedure.
|
3 |
| (C) Immunity from prosecution. Any individual or
|
4 |
| organization acting in good faith, and not in a wilful and
|
5 |
| wanton manner, in complying with this Act by providing any
|
6 |
| report or other information to the Disciplinary Board, or
|
7 |
| assisting in the investigation or preparation of such
|
8 |
| information, or by participating in proceedings of the
|
9 |
| Disciplinary Board, or by serving as a member of the
|
10 |
| Disciplinary Board, shall not, as a result of such actions,
be |
11 |
| subject to criminal prosecution or civil damages.
|
12 |
| (D) Indemnification. Members of the Disciplinary
Board, |
13 |
| the Medical Coordinators, the Disciplinary Board's
attorneys, |
14 |
| the medical investigative staff, physicians
retained under |
15 |
| contract to assist and advise the medical
coordinators in the |
16 |
| investigation, and authorized clerical
staff shall be |
17 |
| indemnified by the State for any actions
occurring within the |
18 |
| scope of services on the Disciplinary
Board, done in good faith |
19 |
| and not wilful and wanton in
nature. The Attorney General shall |
20 |
| defend all such actions
unless he or she determines either that |
21 |
| there would be a
conflict of interest in such representation or |
22 |
| that the
actions complained of were not in good faith or were |
23 |
| wilful
and wanton.
|
24 |
| Should the Attorney General decline representation, the
|
25 |
| member shall have the right to employ counsel of his or her
|
26 |
| choice, whose fees shall be provided by the State, after
|
27 |
| approval by the Attorney General, unless there is a
|
28 |
| determination by a court that the member's actions were not
in |
29 |
| good faith or were wilful and wanton.
|
30 |
| The member must notify the Attorney General within 7
days |
31 |
| of receipt of notice of the initiation of any action
involving |
32 |
| services of the Disciplinary Board. Failure to so
notify the |
33 |
| Attorney General shall constitute an absolute
waiver of the |
34 |
| right to a defense and indemnification.
|
35 |
| The Attorney General shall determine within 7 days
after |
36 |
| receiving such notice, whether he or she will
undertake to |
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
|
|
1 |
| represent the member.
|
2 |
| (E) Deliberations of Disciplinary Board. Upon the
receipt |
3 |
| of any report called for by this Act, other than
those reports |
4 |
| of impaired persons licensed under this Act
required pursuant |
5 |
| to the rules of the Disciplinary Board,
the Disciplinary Board |
6 |
| shall notify in writing, by certified
mail, the person who is |
7 |
| the subject of the report. Such
notification shall be made |
8 |
| within 30 days of receipt by the
Disciplinary Board of the |
9 |
| 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 written |
16 |
| statement responding,
clarifying, adding to, or proposing the |
17 |
| amending of the
report previously filed. The statement shall |
18 |
| become a
permanent part of the file and must be received by the
|
19 |
| Disciplinary Board no more than 60 days after the date on
which |
20 |
| the person was notified by the Disciplinary Board of the |
21 |
| existence of
the
original report.
|
22 |
| The Disciplinary Board shall review all reports
received by |
23 |
| it, together with any supporting information and
responding |
24 |
| statements submitted by persons who are the
subject of reports. |
25 |
| The review by the Disciplinary Board
shall be in a timely |
26 |
| manner but in no event, shall the
Disciplinary Board's initial |
27 |
| review of the material
contained in each disciplinary file be |
28 |
| less than 61 days nor
more than 180 days after the receipt of |
29 |
| the initial report
by the Disciplinary Board.
|
30 |
| When the Disciplinary Board makes its initial review of
the |
31 |
| materials contained within its disciplinary files, the
|
32 |
| Disciplinary Board shall, in writing, make a determination
as |
33 |
| to whether there are sufficient facts to warrant further
|
34 |
| investigation or action. Failure to make such determination
|
35 |
| within the time provided shall be deemed to be a
determination |
36 |
| that there are not sufficient facts to warrant
further |
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
|
|
1 |
| investigation or action.
|
2 |
| Should the Disciplinary Board find that there are not
|
3 |
| sufficient facts to warrant further investigation, or
action, |
4 |
| the report shall be accepted for filing and the
matter shall be |
5 |
| deemed closed and so reported to the Director. The Director
|
6 |
| shall then have 30 days to accept the Medical Disciplinary |
7 |
| Board's decision or
request further investigation. The |
8 |
| Director shall inform the Board in writing
of the decision to |
9 |
| request further investigation, including the specific
reasons |
10 |
| for the decision. The
individual or entity filing the original |
11 |
| report or complaint
and the person who is the subject of the |
12 |
| report or complaint
shall be notified in writing by the |
13 |
| Director of
any final action on their report or complaint.
|
14 |
| (F) Summary reports. The Disciplinary Board shall
prepare, |
15 |
| on a timely basis, but in no event less than one
every other |
16 |
| month, a summary report of final actions taken
upon |
17 |
| disciplinary files maintained by the Disciplinary Board.
The |
18 |
| summary reports shall be sent by the Disciplinary Board
to |
19 |
| every health care facility licensed by the Illinois
Department |
20 |
| of Public Health, every professional association
and society of |
21 |
| persons licensed under this Act functioning
on a statewide |
22 |
| basis in this State, the American Medical
Association, the |
23 |
| American Osteopathic Association, the
American Chiropractic |
24 |
| Association, all insurers providing
professional liability |
25 |
| insurance to persons licensed under
this Act in the State of |
26 |
| Illinois, the Federation of State
Medical Licensing Boards, and |
27 |
| the Illinois Pharmacists
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 for |
34 |
| an order enforcing compliance with this Section.
Upon filing of |
35 |
| a verified petition in such court, the court
may issue a |
36 |
| temporary restraining order without notice or
bond and may |
|
|
|
HB4643 |
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LRB093 15173 DRJ 40769 b |
|
|
1 |
| preliminarily or permanently enjoin such
violation, and if it |
2 |
| is established that such person has
violated or is violating |
3 |
| the injunction, the court may
punish the offender for contempt |
4 |
| of court. Proceedings
under this paragraph shall be in addition |
5 |
| to, and not in
lieu of, all other remedies and penalties |
6 |
| provided for by
this Section.
|
7 |
| (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699, |
8 |
| eff.
1-1-99.)
|
9 |
| Section 99. Effective date. This Act takes effect 120 days |
10 |
| after becoming law. |