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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Medical Practice Act of 1987 is amended by | ||||||
5 | changing Section 22 and adding Section 22.2 as follows:
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6 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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7 | (Section scheduled to be repealed on December 31, 2010)
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8 | Sec. 22. Disciplinary action.
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9 | (A) The Department may revoke, suspend, place on | ||||||
10 | probationary
status, refuse to renew, or take any other | ||||||
11 | disciplinary action as the Department may deem proper
with | ||||||
12 | regard to the license or visiting professor permit of any | ||||||
13 | person issued
under this Act to practice medicine, or to treat | ||||||
14 | human ailments without the use
of drugs and without operative | ||||||
15 | surgery upon any of the following grounds:
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16 | (1) Performance of an elective abortion in any place, | ||||||
17 | locale,
facility, or
institution other than:
| ||||||
18 | (a) a facility licensed pursuant to the Ambulatory | ||||||
19 | Surgical Treatment
Center Act;
| ||||||
20 | (b) an institution licensed under the Hospital | ||||||
21 | Licensing Act; or
| ||||||
22 | (c) an ambulatory surgical treatment center or | ||||||
23 | hospitalization or care
facility maintained by the |
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1 | State or any agency thereof, where such department
or | ||||||
2 | agency has authority under law to establish and enforce | ||||||
3 | standards for the
ambulatory surgical treatment | ||||||
4 | centers, hospitalization, or care facilities
under its | ||||||
5 | management and control; or
| ||||||
6 | (d) ambulatory surgical treatment centers, | ||||||
7 | hospitalization or care
facilities maintained by the | ||||||
8 | Federal Government; or
| ||||||
9 | (e) ambulatory surgical treatment centers, | ||||||
10 | hospitalization or care
facilities maintained by any | ||||||
11 | university or college established under the laws
of | ||||||
12 | this State and supported principally by public funds | ||||||
13 | raised by
taxation.
| ||||||
14 | (2) Performance of an abortion procedure in a wilful | ||||||
15 | and wanton
manner on a
woman who was not pregnant at the | ||||||
16 | time the abortion procedure was
performed.
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17 | (3) The conviction of a felony in this or any other
| ||||||
18 | jurisdiction, except as
otherwise provided in subsection B | ||||||
19 | of this Section, whether or not related to
practice under | ||||||
20 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
21 | to a
felony charge.
| ||||||
22 | (4) Gross negligence in practice under this Act.
| ||||||
23 | (5) Engaging in dishonorable, unethical or | ||||||
24 | unprofessional
conduct of a
character likely to deceive, | ||||||
25 | defraud or harm the public.
| ||||||
26 | (6) Obtaining any fee by fraud, deceit, or
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1 | misrepresentation.
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2 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
3 | in law
as
controlled substances, of alcohol, or of any | ||||||
4 | other substances which results in
the inability to practice | ||||||
5 | with reasonable judgment, skill or safety.
| ||||||
6 | (8) Practicing under a false or, except as provided by | ||||||
7 | law, an
assumed
name.
| ||||||
8 | (9) Fraud or misrepresentation in applying for, or | ||||||
9 | procuring, a
license
under this Act or in connection with | ||||||
10 | applying for renewal of a license under
this Act.
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11 | (10) Making a false or misleading statement regarding | ||||||
12 | their
skill or the
efficacy or value of the medicine, | ||||||
13 | treatment, or remedy prescribed by them at
their direction | ||||||
14 | in the treatment of any disease or other condition of the | ||||||
15 | body
or mind.
| ||||||
16 | (11) Allowing another person or organization to use | ||||||
17 | their
license, procured
under this Act, to practice.
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18 | (12) Disciplinary action of another state or | ||||||
19 | jurisdiction
against a license
or other authorization to | ||||||
20 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
21 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
22 | certified copy of the record of the action taken by
the | ||||||
23 | other state or jurisdiction being prima facie evidence | ||||||
24 | thereof.
| ||||||
25 | (13) Violation of any provision of this Act or of the | ||||||
26 | Medical
Practice Act
prior to the repeal of that Act, or |
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1 | violation of the rules, or a final
administrative action of | ||||||
2 | the Secretary, after consideration of the
recommendation | ||||||
3 | of the Disciplinary Board.
| ||||||
4 | (14) Violation of the prohibition against fee | ||||||
5 | splitting in Section 22.2 of this Act. Dividing with anyone | ||||||
6 | other than physicians with whom the
licensee
practices in a | ||||||
7 | partnership, Professional Association, limited liability
| ||||||
8 | company, or Medical or Professional
Corporation any fee, | ||||||
9 | commission, rebate or other form of compensation for any
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10 | professional services not actually and personally | ||||||
11 | rendered. Nothing contained
in this subsection prohibits | ||||||
12 | persons holding valid and current licenses under
this Act | ||||||
13 | from practicing medicine in partnership under a | ||||||
14 | partnership
agreement, including a limited liability | ||||||
15 | partnership, in a limited liability
company under the | ||||||
16 | Limited Liability Company Act, in a corporation authorized | ||||||
17 | by
the Medical Corporation Act, as an
association | ||||||
18 | authorized by the Professional Association Act, or in a
| ||||||
19 | corporation under the
Professional Corporation Act or from | ||||||
20 | pooling, sharing, dividing or
apportioning the fees and | ||||||
21 | monies received by them or by the partnership,
corporation | ||||||
22 | or association in accordance with the partnership | ||||||
23 | agreement or the
policies of the Board of Directors of the | ||||||
24 | corporation or association. Nothing
contained in this | ||||||
25 | subsection prohibits 2 or more corporations authorized by | ||||||
26 | the
Medical Corporation Act, from forming a partnership or |
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1 | joint venture of such
corporations, and providing medical, | ||||||
2 | surgical and scientific research and
knowledge by | ||||||
3 | employees of these corporations if such employees are | ||||||
4 | licensed
under this Act, or from pooling, sharing, | ||||||
5 | dividing, or apportioning the fees
and monies received by | ||||||
6 | the partnership or joint venture in accordance with the
| ||||||
7 | partnership or joint venture agreement. Nothing contained | ||||||
8 | in this subsection
shall abrogate the right of 2 or more | ||||||
9 | persons, holding valid and current
licenses under this Act, | ||||||
10 | to each receive adequate compensation for concurrently
| ||||||
11 | rendering professional services to a patient and divide a | ||||||
12 | fee; provided, the
patient has full knowledge of the | ||||||
13 | division, and, provided, that the division is
made in | ||||||
14 | proportion to the services performed and responsibility | ||||||
15 | assumed by
each.
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16 | (15) A finding by the Medical Disciplinary Board that | ||||||
17 | the
registrant after
having his or her license placed on | ||||||
18 | probationary status or subjected to
conditions or | ||||||
19 | restrictions violated the terms of the probation or failed | ||||||
20 | to
comply with such terms or conditions.
| ||||||
21 | (16) Abandonment of a patient.
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22 | (17) Prescribing, selling, administering, | ||||||
23 | distributing, giving
or
self-administering any drug | ||||||
24 | classified as a controlled substance (designated
product) | ||||||
25 | or narcotic for other than medically accepted therapeutic
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26 | purposes.
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1 | (18) Promotion of the sale of drugs, devices, | ||||||
2 | appliances or
goods provided
for a patient in such manner | ||||||
3 | as to exploit the patient for financial gain of
the | ||||||
4 | physician.
| ||||||
5 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
6 | disease by a secret
method, procedure, treatment or | ||||||
7 | medicine, or the treating, operating or
prescribing for any | ||||||
8 | human condition by a method, means or procedure which the
| ||||||
9 | licensee refuses to divulge upon demand of the Department.
| ||||||
10 | (20) Immoral conduct in the commission of any act | ||||||
11 | including,
but not limited to, commission of an act of | ||||||
12 | sexual misconduct related to the
licensee's
practice.
| ||||||
13 | (21) Wilfully making or filing false records or reports | ||||||
14 | in his
or her
practice as a physician, including, but not | ||||||
15 | limited to, false records to
support claims against the | ||||||
16 | medical assistance program of the Department of Healthcare | ||||||
17 | and Family Services (formerly Department of
Public Aid)
| ||||||
18 | under the Illinois Public Aid Code.
| ||||||
19 | (22) Wilful omission to file or record, or wilfully | ||||||
20 | impeding
the filing or
recording, or inducing another | ||||||
21 | person to omit to file or record, medical
reports as | ||||||
22 | required by law, or wilfully failing to report an instance | ||||||
23 | of
suspected abuse or neglect as required by law.
| ||||||
24 | (23) Being named as a perpetrator in an indicated | ||||||
25 | report by
the Department
of Children and Family Services | ||||||
26 | under the Abused and Neglected Child Reporting
Act, and |
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1 | upon proof by clear and convincing evidence that the | ||||||
2 | licensee has
caused a child to be an abused child or | ||||||
3 | neglected child as defined in the
Abused and Neglected | ||||||
4 | Child Reporting Act.
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5 | (24) Solicitation of professional patronage by any
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6 | corporation, agents or
persons, or profiting from those | ||||||
7 | representing themselves to be agents of the
licensee.
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8 | (25) Gross and wilful and continued overcharging for
| ||||||
9 | professional services,
including filing false statements | ||||||
10 | for collection of fees for which services are
not rendered, | ||||||
11 | including, but not limited to, filing such false statements | ||||||
12 | for
collection of monies for services not rendered from the | ||||||
13 | medical assistance
program of the Department of Healthcare | ||||||
14 | and Family Services (formerly Department of Public Aid)
| ||||||
15 | under the Illinois Public Aid
Code.
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16 | (26) A pattern of practice or other behavior which
| ||||||
17 | demonstrates
incapacity
or incompetence to practice under | ||||||
18 | this Act.
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19 | (27) Mental illness or disability which results in the
| ||||||
20 | inability to
practice under this Act with reasonable | ||||||
21 | judgment, skill or safety.
| ||||||
22 | (28) Physical illness, including, but not limited to,
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23 | deterioration through
the aging process, or loss of motor | ||||||
24 | skill which results in a physician's
inability to practice | ||||||
25 | under this Act with reasonable judgment, skill or
safety.
| ||||||
26 | (29) Cheating on or attempt to subvert the licensing
|
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1 | examinations
administered under this Act.
| ||||||
2 | (30) Wilfully or negligently violating the | ||||||
3 | confidentiality
between
physician and patient except as | ||||||
4 | required by law.
| ||||||
5 | (31) The use of any false, fraudulent, or deceptive | ||||||
6 | statement
in any
document connected with practice under | ||||||
7 | this Act.
| ||||||
8 | (32) Aiding and abetting an individual not licensed | ||||||
9 | under this
Act in the
practice of a profession licensed | ||||||
10 | under this Act.
| ||||||
11 | (33) Violating state or federal laws or regulations | ||||||
12 | relating
to controlled
substances, legend
drugs, or | ||||||
13 | ephedra, as defined in the Ephedra Prohibition Act.
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14 | (34) Failure to report to the Department any adverse | ||||||
15 | final
action taken
against them by another licensing | ||||||
16 | jurisdiction (any other state or any
territory of the | ||||||
17 | United States or any foreign state or country), by any peer
| ||||||
18 | review body, by any health care institution, by any | ||||||
19 | professional society or
association related to practice | ||||||
20 | under this Act, by any governmental agency, by
any law | ||||||
21 | enforcement agency, or by any court for acts or conduct | ||||||
22 | similar to acts
or conduct which would constitute grounds | ||||||
23 | for action as defined in this
Section.
| ||||||
24 | (35) Failure to report to the Department surrender of a
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25 | license or
authorization to practice as a medical doctor, a | ||||||
26 | doctor of osteopathy, a
doctor of osteopathic medicine, or |
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1 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
2 | surrender of membership on
any medical staff or in any | ||||||
3 | medical or professional association or society,
while | ||||||
4 | under disciplinary investigation by any of those | ||||||
5 | authorities or bodies,
for acts or conduct similar to acts | ||||||
6 | or conduct which would constitute grounds
for action as | ||||||
7 | defined in this Section.
| ||||||
8 | (36) Failure to report to the Department any adverse | ||||||
9 | judgment,
settlement,
or award arising from a liability | ||||||
10 | claim related to acts or conduct similar to
acts or conduct | ||||||
11 | which would constitute grounds for action as defined in | ||||||
12 | this
Section.
| ||||||
13 | (37) Failure to provide transfer copies of medical | ||||||
14 | records as required
by law.
| ||||||
15 | (38) Failure to furnish the Department, its | ||||||
16 | investigators or
representatives, relevant information, | ||||||
17 | legally requested by the Department
after consultation | ||||||
18 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
19 | Coordinator.
| ||||||
20 | (39) Violating the Health Care Worker Self-Referral
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21 | Act.
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22 | (40) Willful failure to provide notice when notice is | ||||||
23 | required
under the
Parental Notice of Abortion Act of 1995.
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24 | (41) Failure to establish and maintain records of | ||||||
25 | patient care and
treatment as required by this law.
| ||||||
26 | (42) Entering into an excessive number of written |
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1 | collaborative
agreements with licensed advanced practice | ||||||
2 | nurses resulting in an inability to
adequately collaborate | ||||||
3 | and provide medical direction .
| ||||||
4 | (43) Repeated failure to adequately collaborate with | ||||||
5 | or provide medical
direction to a licensed advanced | ||||||
6 | practice nurse.
| ||||||
7 | Except
for actions involving the ground numbered (26), all | ||||||
8 | proceedings to suspend,
revoke, place on probationary status, | ||||||
9 | or take any
other disciplinary action as the Department may | ||||||
10 | deem proper, with regard to a
license on any of the foregoing | ||||||
11 | grounds, must be commenced within 5 years next
after receipt by | ||||||
12 | the Department of a complaint alleging the commission of or
| ||||||
13 | notice of the conviction order for any of the acts described | ||||||
14 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
15 | (29), no action shall be commenced more
than 10 years after the | ||||||
16 | date of the incident or act alleged to have violated
this | ||||||
17 | Section. For actions involving the ground numbered (26), a | ||||||
18 | pattern of practice or other behavior includes all incidents | ||||||
19 | alleged to be part of the pattern of practice or other behavior | ||||||
20 | that occurred or a report pursuant to Section 23 of this Act | ||||||
21 | received within the 10-year period preceding the filing of the | ||||||
22 | complaint. In the event of the settlement of any claim or cause | ||||||
23 | of action
in favor of the claimant or the reduction to final | ||||||
24 | judgment of any civil action
in favor of the plaintiff, such | ||||||
25 | claim, cause of action or civil action being
grounded on the | ||||||
26 | allegation that a person licensed under this Act was negligent
|
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1 | in providing care, the Department shall have an additional | ||||||
2 | period of 2 years
from the date of notification to the | ||||||
3 | Department under Section 23 of this Act
of such settlement or | ||||||
4 | final judgment in which to investigate and
commence formal | ||||||
5 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
6 | as otherwise provided by law. The time during which the holder | ||||||
7 | of the license
was outside the State of Illinois shall not be | ||||||
8 | included within any period of
time limiting the commencement of | ||||||
9 | disciplinary action by the Department.
| ||||||
10 | The entry of an order or judgment by any circuit court | ||||||
11 | establishing that any
person holding a license under this Act | ||||||
12 | is a person in need of mental treatment
operates as a | ||||||
13 | suspension of that license. That person may resume their
| ||||||
14 | practice only upon the entry of a Departmental order based upon | ||||||
15 | a finding by
the Medical Disciplinary Board that they have been | ||||||
16 | determined to be recovered
from mental illness by the court and | ||||||
17 | upon the Disciplinary Board's
recommendation that they be | ||||||
18 | permitted to resume their practice.
| ||||||
19 | The Department may refuse to issue or take disciplinary | ||||||
20 | action concerning the license of any person
who fails to file a | ||||||
21 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
22 | return, or to pay any final assessment of tax, penalty or | ||||||
23 | interest, as
required by any tax Act administered by the | ||||||
24 | Illinois Department of Revenue,
until such time as the | ||||||
25 | requirements of any such tax Act are satisfied as
determined by | ||||||
26 | the Illinois Department of Revenue.
|
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| |||||||
1 | The Department, upon the recommendation of the | ||||||
2 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
3 | to be used in determining:
| ||||||
4 | (a) when a person will be deemed sufficiently | ||||||
5 | rehabilitated to warrant the
public trust;
| ||||||
6 | (b) what constitutes dishonorable, unethical or | ||||||
7 | unprofessional conduct of
a character likely to deceive, | ||||||
8 | defraud, or harm the public;
| ||||||
9 | (c) what constitutes immoral conduct in the commission | ||||||
10 | of any act,
including, but not limited to, commission of an | ||||||
11 | act of sexual misconduct
related
to the licensee's | ||||||
12 | practice; and
| ||||||
13 | (d) what constitutes gross negligence in the practice | ||||||
14 | of medicine.
| ||||||
15 | However, no such rule shall be admissible into evidence in | ||||||
16 | any civil action
except for review of a licensing or other | ||||||
17 | disciplinary action under this Act.
| ||||||
18 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
19 | upon a showing of a possible violation, may compel any | ||||||
20 | individual licensed to
practice under this Act, or who has | ||||||
21 | applied for licensure or a permit
pursuant to this Act, to | ||||||
22 | submit to a mental or physical examination, or both,
as | ||||||
23 | required by and at the expense of the Department. The examining | ||||||
24 | physician
or physicians shall be those specifically designated | ||||||
25 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
26 | the Department may order the examining
physician to present |
| |||||||
| |||||||
1 | testimony concerning this mental or physical examination
of the | ||||||
2 | licensee or applicant. No information shall be excluded by | ||||||
3 | reason of
any common
law or statutory privilege relating to | ||||||
4 | communication between the licensee or
applicant and
the | ||||||
5 | examining physician.
The individual to be examined may have, at | ||||||
6 | his or her own expense, another
physician of his or her choice | ||||||
7 | present during all aspects of the examination.
Failure of any | ||||||
8 | individual to submit to mental or physical examination, when
| ||||||
9 | directed, shall be grounds for suspension of his or her license | ||||||
10 | until such time
as the individual submits to the examination if | ||||||
11 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
12 | the refusal to submit to the examination was
without reasonable | ||||||
13 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
14 | practice because of the reasons set forth in this Section, the | ||||||
15 | Disciplinary
Board shall require such physician to submit to | ||||||
16 | care, counseling, or treatment
by physicians approved or | ||||||
17 | designated by the Disciplinary Board, as a condition
for | ||||||
18 | continued, reinstated, or renewed licensure to practice. Any | ||||||
19 | physician,
whose license was granted pursuant to Sections 9, | ||||||
20 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
21 | disciplined or supervised, subject to such
terms, conditions or | ||||||
22 | restrictions who shall fail to comply with such terms,
| ||||||
23 | conditions or restrictions, or to complete a required program | ||||||
24 | of care,
counseling, or treatment, as determined by the Chief | ||||||
25 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
26 | referred to the Secretary for a
determination as to whether the |
| |||||||
| |||||||
1 | licensee shall have their license suspended
immediately, | ||||||
2 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
3 | which the Secretary immediately suspends a license under this | ||||||
4 | Section, a hearing
upon such person's license must be convened | ||||||
5 | by the Disciplinary Board within 15
days after such suspension | ||||||
6 | and completed without appreciable delay. The
Disciplinary | ||||||
7 | Board shall have the authority to review the subject | ||||||
8 | physician's
record of treatment and counseling regarding the | ||||||
9 | impairment, to the extent
permitted by applicable federal | ||||||
10 | statutes and regulations safeguarding the
confidentiality of | ||||||
11 | medical records.
| ||||||
12 | An individual licensed under this Act, affected under this | ||||||
13 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
14 | Disciplinary Board that they can
resume practice in compliance | ||||||
15 | with acceptable and prevailing standards under
the provisions | ||||||
16 | of their license.
| ||||||
17 | The Department may promulgate rules for the imposition of | ||||||
18 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
19 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
20 | other forms of disciplinary action, but
shall not be the | ||||||
21 | exclusive disposition of any disciplinary action arising out
of | ||||||
22 | conduct resulting in death or injury to a patient. Any funds | ||||||
23 | collected from
such fines shall be deposited in the Medical | ||||||
24 | Disciplinary Fund.
| ||||||
25 | (B) The Department shall revoke the license or visiting
| ||||||
26 | permit of any person issued under this Act to practice medicine |
| |||||||
| |||||||
1 | or to treat
human ailments without the use of drugs and without | ||||||
2 | operative surgery, who
has been convicted a second time of | ||||||
3 | committing any felony under the
Illinois Controlled Substances | ||||||
4 | Act or the Methamphetamine Control and Community Protection | ||||||
5 | Act, or who has been convicted a second time of
committing a | ||||||
6 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
7 | Public
Aid Code. A person whose license or visiting permit is | ||||||
8 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
9 | be prohibited from practicing
medicine or treating human | ||||||
10 | ailments without the use of drugs and without
operative | ||||||
11 | surgery.
| ||||||
12 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
13 | Department civil
penalties and any other appropriate | ||||||
14 | discipline in disciplinary cases when the
Board finds that a | ||||||
15 | physician willfully performed an abortion with actual
| ||||||
16 | knowledge that the person upon whom the abortion has been | ||||||
17 | performed is a minor
or an incompetent person without notice as | ||||||
18 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
19 | Upon the Board's recommendation, the Department shall
impose, | ||||||
20 | for the first violation, a civil penalty of $1,000 and for a | ||||||
21 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
22 | (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; | ||||||
23 | 95-331, eff. 8-21-07 .)
| ||||||
24 | (225 ILCS 60/22.2 new)
| ||||||
25 | (Section scheduled to be repealed on December 31, 2010) |
| |||||||
| |||||||
1 | Sec. 22.2. Prohibition against fee splitting. | ||||||
2 | (a) A licensee under this Act may not directly or | ||||||
3 | indirectly divide, share or split any professional fee or other | ||||||
4 | form of compensation for professional services with anyone in | ||||||
5 | exchange for a referral or otherwise, other than as provided in | ||||||
6 | this Section 22.2. | ||||||
7 | (b) Nothing contained in this Section abrogates the right | ||||||
8 | of 2 or more licensed health care workers as defined in the | ||||||
9 | Health Care Worker Self-referral Act to each receive adequate | ||||||
10 | compensation for concurrently rendering services to a patient | ||||||
11 | and to divide the fee for such service, whether or not the | ||||||
12 | worker is employed, provided that the patient has full | ||||||
13 | knowledge of the division and the division is made in | ||||||
14 | proportion to the actual services personally performed and | ||||||
15 | responsibility assumed by each licensee consistent with his or | ||||||
16 | her license, except as prohibited by law. | ||||||
17 | (c) Nothing contained in this Section prohibits a licensee | ||||||
18 | under this Act from practicing medicine through or within any | ||||||
19 | form of legal entity authorized to conduct business in this | ||||||
20 | State or from pooling, sharing, dividing, or apportioning the | ||||||
21 | professional fees and other revenues in accordance with the | ||||||
22 | agreements and policies of the entity provided: | ||||||
23 | (1) each owner of the entity is licensed under this | ||||||
24 | Act; | ||||||
25 | (2) the entity is organized under the Medical | ||||||
26 | Corporation Act, the Professional Services Corporation |
| |||||||
| |||||||
1 | Act, the Professional Association Act, or the Limited | ||||||
2 | Liability Company Act; | ||||||
3 | (3) the entity is allowed by Illinois law to provide | ||||||
4 | physician services or employ physicians such as a licensed | ||||||
5 | hospital or hospital affiliate or licensed ambulatory | ||||||
6 | surgical treatment center owned in full or in part by | ||||||
7 | Illinois-licensed physicians; or | ||||||
8 | (4) the entity is a combination or joint venture of the | ||||||
9 | entities authorized under this subsection (c). | ||||||
10 | (d) Nothing contained in this Section prohibits a licensee | ||||||
11 | under this Act from paying a fair market value fee to any | ||||||
12 | person or entity whose purpose is to perform billing, | ||||||
13 | administrative preparation, or collection services based upon | ||||||
14 | a percentage of professional service fees billed or collected, | ||||||
15 | a flat fee, or any other arrangement that directly or | ||||||
16 | indirectly divides professional fees, for the administrative | ||||||
17 | preparation of the licensee's claims or the collection of the | ||||||
18 | licensee's charges for professional services, provided that: | ||||||
19 | (i) the licensee or the licensee's practice under | ||||||
20 | subsection (c) of this Section at all times controls the | ||||||
21 | amount of fees charged and collected; and | ||||||
22 | (ii) all charges collected are paid directly to the | ||||||
23 | licensee or the licensee's practice or are deposited | ||||||
24 | directly into an account in the name of and under the sole | ||||||
25 | control of the licensee or the licensee's practice or | ||||||
26 | deposited into a "Trust Account" by a licensed collection |
| |||||||
| |||||||
1 | agency in accordance with the requirements of Section 8(c) | ||||||
2 | of the Illinois Collection Agency Act. | ||||||
3 | (e) Nothing contained in this Section prohibits the | ||||||
4 | granting of a security interest in the accounts receivable or | ||||||
5 | fees of a licensee under this Act or the licensee's practice | ||||||
6 | for bona fide advances made to the licensee or licensee's | ||||||
7 | practice provided the licensee retains control and | ||||||
8 | responsibility for the collection of the accounts receivable | ||||||
9 | and fees. | ||||||
10 | (f) Excluding payments that may be made to the owners of or | ||||||
11 | licensees in the licensee's practice under subsection (c), a | ||||||
12 | licensee under this Act may not divide, share or split a | ||||||
13 | professional service fee with, or otherwise directly or | ||||||
14 | indirectly pay a percentage of the licensee's professional | ||||||
15 | service fees, revenues or profits to anyone for: (i) the | ||||||
16 | marketing or management of the licensee's practice, (ii) | ||||||
17 | including the licensee or the licensee's practice on any | ||||||
18 | preferred provider list, (iii) allowing the licensee to | ||||||
19 | participate in any network of health care providers, (iv) | ||||||
20 | negotiating fees, charges or terms of service or payment on | ||||||
21 | behalf of the licensee, or (v) including the licensee in a | ||||||
22 | program whereby patients or beneficiaries are provided an | ||||||
23 | incentive to use the services of the licensee. | ||||||
24 | (g) Nothing contained in this Section prohibits the payment | ||||||
25 | of rent or other remuneration paid at fair market value to an | ||||||
26 | individual, partnership, or corporation by a licensee for the |
| |||||||
| |||||||
1 | lease, rental, or use of space, staff, administrative services, | ||||||
2 | or equipment owned or controlled by the individual, | ||||||
3 | partnership, or corporation, or the receipt thereof by a | ||||||
4 | licensee. | ||||||
5 | Section 10. The Illinois Optometric Practice Act of 1987 is | ||||||
6 | amended by changing Section 24 and by adding Section 24.2 as | ||||||
7 | follows:
| ||||||
8 | (225 ILCS 80/24) (from Ch. 111, par. 3924)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
10 | Sec. 24. Grounds for disciplinary action.
| ||||||
11 | (a) The Department may refuse to issue or to renew, or may
| ||||||
12 | revoke, suspend, place on probation, reprimand or take other
| ||||||
13 | disciplinary action as the Department may deem proper, | ||||||
14 | including fines not
to exceed $10,000 for each violation, with | ||||||
15 | regard to any license for any one or combination of the | ||||||
16 | following causes:
| ||||||
17 | (1) Violations of this Act, or of the rules promulgated
| ||||||
18 | hereunder.
| ||||||
19 | (2) Conviction of or entry of a plea of guilty to any | ||||||
20 | crime under the laws of any U.S. jurisdiction
thereof that | ||||||
21 | is a felony or that is a misdemeanor of which an essential | ||||||
22 | element
is dishonesty, or any crime that is directly | ||||||
23 | related to the practice of the
profession.
| ||||||
24 | (3) Making any misrepresentation for the purpose of |
| |||||||
| |||||||
1 | obtaining a
license.
| ||||||
2 | (4) Professional incompetence or gross negligence in | ||||||
3 | the
practice of optometry.
| ||||||
4 | (5) Gross malpractice, prima facie evidence
of which | ||||||
5 | may be a conviction or judgment of
malpractice in any court | ||||||
6 | of competent jurisdiction.
| ||||||
7 | (6) Aiding or assisting another person in violating any
| ||||||
8 | provision of this Act or rules.
| ||||||
9 | (7) Failing, within 60 days, to provide information in | ||||||
10 | response
to a
written request made by the Department that | ||||||
11 | has been sent by
certified or
registered mail to the | ||||||
12 | licensee's last known address.
| ||||||
13 | (8) Engaging in dishonorable, unethical, or | ||||||
14 | unprofessional
conduct of a
character likely to deceive, | ||||||
15 | defraud, or harm the public.
| ||||||
16 | (9) Habitual or excessive use or addiction to alcohol,
| ||||||
17 | narcotics,
stimulants or any other chemical agent or drug | ||||||
18 | that results in
the
inability to practice with reasonable | ||||||
19 | judgment, skill, or safety.
| ||||||
20 | (10) Discipline by another U.S. jurisdiction or | ||||||
21 | foreign
nation, if at
least one of the grounds for the | ||||||
22 | discipline is the same or substantially
equivalent to those | ||||||
23 | set forth herein.
| ||||||
24 | (11) Violation of the prohibition against fee | ||||||
25 | splitting in Section 24.2 of this Act. Directly or | ||||||
26 | indirectly giving to or receiving from any
person, firm,
|
| |||||||
| |||||||
1 | corporation, partnership, or association any fee, | ||||||
2 | commission, rebate, or
other form of compensation for any | ||||||
3 | professional services not actually or
personally rendered. | ||||||
4 | This shall not be deemed to include (i) rent or other
| ||||||
5 | remunerations paid to an individual, partnership, or | ||||||
6 | corporation by an
optometrist for the lease, rental, or use | ||||||
7 | of space, owned or controlled, by
the individual, | ||||||
8 | partnership, corporation or association, and (ii) the
| ||||||
9 | division of fees between an optometrist and related | ||||||
10 | professional service
providers with whom the optometrist | ||||||
11 | practices in a
professional corporation organized under | ||||||
12 | Section 3.6 of the Professional
Service Corporation Act.
| ||||||
13 | (12) A finding by the Department that the licensee, | ||||||
14 | after
having his or
her
license placed on probationary | ||||||
15 | status has violated the terms of
probation.
| ||||||
16 | (13) Abandonment of a patient.
| ||||||
17 | (14) Willfully making or filing false records or | ||||||
18 | reports in
his or her
practice,
including but not limited | ||||||
19 | to false records filed with State agencies or
departments.
| ||||||
20 | (15) Willfully failing to report an instance of | ||||||
21 | suspected
child abuse or
neglect as required by the Abused | ||||||
22 | and Neglected Child Reporting Act.
| ||||||
23 | (16) Physical illness, including but not limited to,
| ||||||
24 | deterioration
through the aging process, or loss of motor | ||||||
25 | skill, mental illness, or
disability that results in the
| ||||||
26 | inability to practice the profession with reasonable |
| |||||||
| |||||||
1 | judgment, skill,
or safety.
| ||||||
2 | (17) Solicitation of professional services other than
| ||||||
3 | permitted
advertising.
| ||||||
4 | (18) Failure to provide a patient with a copy of his or
| ||||||
5 | her record or
prescription in accordance with federal law.
| ||||||
6 | (19) Conviction by any court of competent | ||||||
7 | jurisdiction, either
within or
without this State, of any | ||||||
8 | violation of any law governing the practice of
optometry, | ||||||
9 | conviction in this or another State of any crime that
is a
| ||||||
10 | felony under the laws of this State or conviction of a | ||||||
11 | felony in a federal
court, if the Department determines, | ||||||
12 | after investigation, that such person
has not been | ||||||
13 | sufficiently rehabilitated to warrant the public trust.
| ||||||
14 | (20) A finding that licensure has been applied for or | ||||||
15 | obtained
by
fraudulent means.
| ||||||
16 | (21) Continued practice by a person knowingly having an
| ||||||
17 | infectious
or contagious
disease.
| ||||||
18 | (22) Being named as a perpetrator in an indicated | ||||||
19 | report by
the
Department of Children and Family Services | ||||||
20 | under the Abused and
Neglected Child Reporting Act, and | ||||||
21 | upon proof by clear and
convincing evidence that the | ||||||
22 | licensee has caused a child to be an abused
child or a | ||||||
23 | neglected child as defined in the Abused and Neglected | ||||||
24 | Child
Reporting Act.
| ||||||
25 | (23) Practicing or attempting to practice under a name | ||||||
26 | other
than the
full name as shown on his or her license.
|
| |||||||
| |||||||
1 | (24) Immoral conduct in the commission of any act, such | ||||||
2 | as
sexual abuse,
sexual misconduct or sexual exploitation, | ||||||
3 | related to the licensee's
practice.
| ||||||
4 | (25) Maintaining a professional relationship with any | ||||||
5 | person,
firm, or
corporation when the optometrist knows, or | ||||||
6 | should know, that such person,
firm, or corporation is | ||||||
7 | violating this Act.
| ||||||
8 | (26) Promotion of the sale of drugs, devices, | ||||||
9 | appliances or
goods
provided for a client or patient in | ||||||
10 | such manner as to exploit the patient
or client for | ||||||
11 | financial gain of the licensee.
| ||||||
12 | (27) Using the title "Doctor" or its abbreviation | ||||||
13 | without
further
qualifying that title or abbreviation with | ||||||
14 | the word "optometry" or
"optometrist".
| ||||||
15 | (28) Use by a licensed optometrist of the
word
| ||||||
16 | "infirmary",
"hospital", "school", "university", in | ||||||
17 | English or any other
language, in connection with the place | ||||||
18 | where optometry may be practiced or
demonstrated.
| ||||||
19 | (29) Continuance of an optometrist in the employ of any
| ||||||
20 | person, firm or
corporation, or as an assistant to any | ||||||
21 | optometrist or optometrists,
directly or indirectly, after | ||||||
22 | his or her employer or superior has been
found
guilty of | ||||||
23 | violating or has been enjoined from violating the laws of | ||||||
24 | the
State of Illinois relating to the practice of | ||||||
25 | optometry, when the employer
or superior persists in that | ||||||
26 | violation.
|
| |||||||
| |||||||
1 | (30) The performance of optometric service in | ||||||
2 | conjunction with
a scheme
or plan with another person, firm | ||||||
3 | or corporation known to be advertising in
a manner contrary | ||||||
4 | to this Act or otherwise violating the laws of the State of
| ||||||
5 | Illinois concerning the practice of optometry.
| ||||||
6 | (31) Failure to provide satisfactory proof of having
| ||||||
7 | participated in
approved continuing education programs as | ||||||
8 | determined by the Board and
approved by the Secretary. | ||||||
9 | Exceptions for extreme hardships are to be
defined by the | ||||||
10 | rules of the Department.
| ||||||
11 | (32) Willfully making or filing false records or | ||||||
12 | reports in
the practice
of optometry, including, but not | ||||||
13 | limited to false records to support claims
against the | ||||||
14 | medical assistance program of the Department of Healthcare | ||||||
15 | and Family Services (formerly Department of Public Aid)
| ||||||
16 | under the Illinois Public Aid Code.
| ||||||
17 | (33) Gross and willful overcharging for professional | ||||||
18 | services
including
filing false statements for collection | ||||||
19 | of fees for which services are not
rendered, including, but | ||||||
20 | not limited to filing false statements for
collection of | ||||||
21 | monies for services not rendered from the medical | ||||||
22 | assistance
program of the Department of Healthcare and | ||||||
23 | Family Services (formerly Department of Public Aid) under | ||||||
24 | the Illinois Public Aid
Code.
| ||||||
25 | (34) In the absence of good reasons to the contrary, | ||||||
26 | failure
to perform a
minimum eye examination as required by |
| |||||||
| |||||||
1 | the rules of the Department.
| ||||||
2 | (35) Violation of the Health Care Worker Self-Referral | ||||||
3 | Act.
| ||||||
4 | The Department may refuse to issue or may suspend the | ||||||
5 | license of any person who fails to file a return, or to pay the | ||||||
6 | tax,
penalty or interest shown in a filed return, or to pay any | ||||||
7 | final assessment
of the tax, penalty or interest, as required | ||||||
8 | by any tax Act administered by
the Illinois Department of | ||||||
9 | Revenue, until such time as the requirements of
any such tax | ||||||
10 | Act are satisfied.
| ||||||
11 | (a-5) In enforcing this Section, the Board upon a showing | ||||||
12 | of a possible
violation, may compel any individual licensed to | ||||||
13 | practice under this Act, or
who has applied for licensure or | ||||||
14 | certification pursuant to this Act,
to submit to a
mental or | ||||||
15 | physical
examination, or both, as required by and at the | ||||||
16 | expense of the Department. The
examining physicians or clinical | ||||||
17 | psychologists shall be those specifically
designated by the | ||||||
18 | Board. The Board or the Department may order the examining
| ||||||
19 | physician or clinical psychologist to present testimony | ||||||
20 | concerning this mental
or physical examination of the licensee | ||||||
21 | or applicant. No information shall be
excluded by reason of any | ||||||
22 | common law or statutory privilege relating to
communications | ||||||
23 | between the licensee or applicant and the examining physician | ||||||
24 | or
clinical psychologist. Eye examinations may be provided by a | ||||||
25 | licensed
optometrist. The individual to be examined may have,
| ||||||
26 | at his or her own expense, another physician of his or her |
| |||||||
| |||||||
1 | choice present
during all aspects of the examination. Failure | ||||||
2 | of any individual to submit to
a mental or physical | ||||||
3 | examination, when directed, shall be grounds for
suspension of | ||||||
4 | a license until such time as the individual submits to the
| ||||||
5 | examination if the Board finds, after notice and hearing, that | ||||||
6 | the refusal to
submit to the examination was without reasonable | ||||||
7 | cause.
| ||||||
8 | If the Board finds an individual unable to practice because | ||||||
9 | of the reasons
set forth in this Section, the Board shall | ||||||
10 | require such individual to submit to
care, counseling, or | ||||||
11 | treatment by physicians or clinical psychologists approved
or | ||||||
12 | designated by the Board, as a condition, term, or restriction | ||||||
13 | for continued,
reinstated, or renewed licensure to practice, or | ||||||
14 | in lieu of care, counseling,
or treatment, the Board may | ||||||
15 | recommend to the Department to file a complaint to immediately | ||||||
16 | suspend, revoke, or otherwise discipline the
license of the | ||||||
17 | individual, or the Board may recommend to the Department to | ||||||
18 | file
a complaint to suspend, revoke, or otherwise discipline | ||||||
19 | the license of the
individual. Any individual whose license was | ||||||
20 | granted pursuant to this Act, or
continued, reinstated, | ||||||
21 | renewed, disciplined, or supervised, subject to such
| ||||||
22 | conditions, terms, or restrictions, who shall fail to comply | ||||||
23 | with such
conditions, terms, or restrictions, shall be referred | ||||||
24 | to the Secretary for a
determination as to whether the | ||||||
25 | individual shall have his or her license
suspended immediately, | ||||||
26 | pending a hearing by the Board.
|
| |||||||
| |||||||
1 | (b) The determination by a circuit court that a licensee is | ||||||
2 | subject to
involuntary admission or judicial admission as | ||||||
3 | provided in the Mental
Health and Developmental Disabilities | ||||||
4 | Code operates as an
automatic suspension. The suspension will | ||||||
5 | end only upon a finding by a
court that the patient is no | ||||||
6 | longer subject to involuntary admission or
judicial admission | ||||||
7 | and issues an order so finding and discharging the
patient; and | ||||||
8 | upon the recommendation of the Board to the Secretary
that
the | ||||||
9 | licensee be allowed to resume his or her practice.
| ||||||
10 | (Source: P.A. 94-787, eff. 5-19-06.)
| ||||||
11 | (225 ILCS 80/24.2 new)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2017) | ||||||
13 | Sec. 24.2. Prohibition against fee splitting. | ||||||
14 | (a) A licensee under this Act may not directly or | ||||||
15 | indirectly divide, share or split any professional fee or other | ||||||
16 | form of compensation for professional services with anyone in | ||||||
17 | exchange for a referral or otherwise, other than as provided in | ||||||
18 | this Section 24.2. | ||||||
19 | (b) Nothing contained in this Section abrogates the right | ||||||
20 | of 2 or more licensed health care workers as defined in the | ||||||
21 | Health Care Worker Self-referral Act to each receive adequate | ||||||
22 | compensation for concurrently rendering services to a patient | ||||||
23 | and to divide the fee for such service, whether or not the | ||||||
24 | worker is employed, provided that the patient has full | ||||||
25 | knowledge of the division and the division is made in |
| |||||||
| |||||||
1 | proportion to the actual services personally performed and | ||||||
2 | responsibility assumed by each licensee consistent with his or | ||||||
3 | her license, except as prohibited by law. | ||||||
4 | (c) Nothing contained in this Section prohibits a licensee | ||||||
5 | under this Act from practicing optometry through or within any | ||||||
6 | form of legal entity authorized to conduct business in this | ||||||
7 | State or from pooling, sharing, dividing, or apportioning the | ||||||
8 | professional fees and other revenues in accordance with the | ||||||
9 | agreements and policies of the entity provided: | ||||||
10 | (1) each owner of the entity is licensed under this | ||||||
11 | Act; | ||||||
12 | (2) the entity is organized under the Professional | ||||||
13 | Services Corporation Act, the Professional Association | ||||||
14 | Act, or the Limited Liability Company Act; | ||||||
15 | (3) the entity is allowed by Illinois law to provide | ||||||
16 | optometric services or employ optometrists such as a | ||||||
17 | licensed hospital or hospital affiliate or licensed | ||||||
18 | ambulatory surgical treatment center owned in full or in | ||||||
19 | part by Illinois-licensed physicians; or | ||||||
20 | (4) the entity is a combination or joint venture of the | ||||||
21 | entities authorized under this subsection (c). | ||||||
22 | (d) Nothing contained in this Section prohibits a licensee | ||||||
23 | under this Act from paying a fair market value fee to any | ||||||
24 | person or entity whose purpose is to perform billing, | ||||||
25 | administrative preparation, or collection services based upon | ||||||
26 | a percentage of professional service fees billed or collected, |
| |||||||
| |||||||
1 | a flat fee, or any other arrangement that directly or | ||||||
2 | indirectly divides professional fees, for the administrative | ||||||
3 | preparation of the licensee's claims or the collection of the | ||||||
4 | licensee's charges for professional services, provided that: | ||||||
5 | (i) the licensee or the licensee's practice under | ||||||
6 | subsection (c) at all times controls the amount of fees | ||||||
7 | charged and collected; and | ||||||
8 | (ii) all charges collected are paid directly to the | ||||||
9 | licensee or the licensee's practice or are deposited | ||||||
10 | directly into an account in the name of and under the sole | ||||||
11 | control of the licensee or the licensee's practice or | ||||||
12 | deposited into a "Trust Account" by a licensed collection | ||||||
13 | agency in accordance with the requirements of Section 8(c) | ||||||
14 | of the Illinois Collection Agency Act. | ||||||
15 | (e) Nothing contained in this Section prohibits the | ||||||
16 | granting of a security interest in the accounts receivable or | ||||||
17 | fees of a licensee under this Act or the licensee's practice | ||||||
18 | for bona fide advances made to the licensee or licensee's | ||||||
19 | practice provided the licensee retains control and | ||||||
20 | responsibility for the collection of the accounts receivable | ||||||
21 | and fees. | ||||||
22 | (f) Excluding payments that may be made to the owners of or | ||||||
23 | licensees in the licensee's practice under subsection (c), a | ||||||
24 | licensee under this Act may not divide, share or split a | ||||||
25 | professional service fee with, or otherwise directly or | ||||||
26 | indirectly pay a percentage of the licensee's professional |
| |||||||
| |||||||
1 | service fees, revenues or profits to anyone for: (i) the | ||||||
2 | marketing or management of the licensee's practice, (ii) | ||||||
3 | including the licensee or the licensee's practice on any | ||||||
4 | preferred provider list, (iii) allowing the licensee to | ||||||
5 | participate in any network of health care providers, (iv) | ||||||
6 | negotiating fees, charges or terms of service or payment on | ||||||
7 | behalf of the licensee, or (v) including the licensee in a | ||||||
8 | program whereby patients or beneficiaries are provided an | ||||||
9 | incentive to use the services of the licensee. | ||||||
10 | (g) Nothing contained in this Section prohibits the payment | ||||||
11 | of rent or other remuneration paid at fair market value to an | ||||||
12 | individual, partnership, or corporation by a licensee for the | ||||||
13 | lease, rental, or use of space, staff, administrative services, | ||||||
14 | or equipment owned or controlled by the individual, | ||||||
15 | partnership, or corporation, or the receipt thereof by a | ||||||
16 | licensee.
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|