99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0496

 

Introduced , by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Right to Try Act. Provides that an eligible patient with a terminal illness who has considered all other treatment options approved by the United States Food and Drug Administration may acquire from a manufacturer an investigational drug, biological product, or device that has successfully completed Phase 1 of a clinical trial, but has not been approved for general use by the United States Food and Drug Administration. Provides that a manufacturer may, but is not required to, provide an investigational drug, biological product, or device to an eligible patient, either with or without receiving compensation. Provides that an accident and health insurer may, but is not required to, provide coverage for an eligible patient seeking such a drug, product, or device. Provides that an entity responsible for Medicare certification may not take action against a health care provider's Medicare certification based solely on the health care provider's recommendation that a patient have access to an investigational drug, biological product, or device. Defines required terms. Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation may not revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against the license or permit of a physician to practice medicine based solely on the physician's recommendation to an eligible patient regarding, or prescription for, or treatment with an investigational drug, biological product, or device. Amends the Illinois Health Statistics Act. Requires the Department of Public Health to adopt rules for the collection certain types of data from patients under the Right to Try Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0496LRB099 07259 JLK 27363 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Right
5to Try Act.
 
6    Section 5. Findings. The General Assembly finds that the
7process of approval for investigational drugs, biological
8products, and devices in the United States often takes many
9years, and a patient with a terminal illness does not have the
10luxury of waiting until such drug, product, or device receives
11final approval from the United States Food and Drug
12Administration. As a result, the standards of the United States
13Food and Drug Administration for the use of investigational
14drugs, biological products, and devices may deny the benefits
15of potentially life-saving treatments to terminally ill
16patients. A patient with a terminal illness has a fundamental
17right to attempt to preserve his or her own life by accessing
18investigational drugs, biological products, and devices.
19Whether to use available investigational drugs, biological
20products, and devices is a decision that rightfully should be
21made by the patient with a terminal illness in consultation
22with his or her physician and is not a decision to be made by
23the government.
 

 

 

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1    Section 10. Definitions. As used in this Act:
2    "Eligible patient" means an individual who:
3        (1) has an terminal illness, attested to by the
4    patient's treating physician;
5        (2) has considered all other treatment options
6    currently approved by the United States Food and Drug
7    Administration;
8        (3) has received a recommendation from his or her
9    treating physician for an investigational drug, biological
10    product, or device;
11        (4) has given written, informed consent for the use of
12    the investigational drug, biological product, or device;
13    and
14        (5) has documentation from his or her treating
15    physician that he or she meets the requirements of this
16    Act.
17    "Hospital" means a hospital licensed under the Hospital
18Licensing Act or a hospital organized under the University of
19Illinois Hospital Act.
20    "Investigational drug, biological product, or device"
21means a drug, biological product, or device that has
22successfully completed Phase 1 of a clinical trial but has not
23yet been approved for general use by the United States Food and
24Drug Administration and remains under investigation in a
25clinical trial approved by the United States Food and Drug

 

 

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1Administration.
2    "Terminal illness" means a progressive disease or medical
3or surgical condition that entails significant functional
4impairment, that is not considered by a treating physician to
5be reversible even with administration of current available
6treatments approved by the United States Food and Drug
7Administration, and that, without life-sustaining procedures,
8will soon result in death.
9    "Written, informed consent" means a written document that
10is signed by the patient, parent (if the patient is a minor),
11legal guardian, or health care agent designated by the patient
12under Article IV of the Illinois Power of Attorney Act, and
13attested to by the patient's physician and a witness and that,
14at a minimum, includes all of the following:
15        (i) An explanation of the currently approved products
16    and treatments for the disease or condition from which the
17    patient suffers.
18        (ii) An attestation that the patient concurs with his
19    or her physician in believing that all currently approved
20    and conventionally recognized treatments are unlikely to
21    prolong the patient's life.
22        (iii) Clear identification of the specific proposed
23    investigational drug, biological product, or device that
24    the patient is seeking to use.
25        (iv) A description of the potentially best and worst
26    outcomes of using the investigational drug, biological

 

 

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1    product, or device and a realistic description of the most
2    likely outcome. The description shall include the
3    possibility that new, unanticipated, different, or worse
4    symptoms might result and that death could be hastened by
5    the proposed treatment. The description shall be based on
6    the physician's knowledge of the proposed treatment in
7    conjunction with an awareness of the patient's condition.
8        (v) A statement that the patient's health plan or
9    third-party administrator and provider are not obligated
10    to pay for any care or treatments consequent to the use of
11    the investigational drug, biological product, or device,
12    unless they are specifically required to do so by law or
13    contract.
14        (vi) A statement that the patient's eligibility for
15    hospice care may be withdrawn if the patient begins
16    curative treatment with the investigational drug,
17    biological product, or device and that care may be
18    reinstated if this treatment ends and the patient meets
19    hospice eligibility requirements.
20        (vii) A statement that the patient understands that he
21    or she is liable for all expenses consequent to the use of
22    the investigational drug, biological product, or device
23    and that this liability extends to the patient's estate,
24    unless a contract between the patient and the manufacturer
25    of the drug, biological product, or device states
26    otherwise.
 

 

 

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1    Section 15. Drug manufacturers; availability of
2investigational drugs, biological products, or devices.
3    (a) A manufacturer of an investigational drug, biological
4product, or device may make available and an eligible patient
5may request the manufacturer's investigational drug,
6biological product, or device under this Act. This Act does not
7require that a manufacturer make available an investigational
8drug, biological product, or device to an eligible patient.
9    (b) A manufacturer may:
10        (1) provide an investigational drug, biological
11    product, or device to an eligible patient without receiving
12    compensation; or
13        (2) require an eligible patient to pay the costs of, or
14    the costs associated with, the manufacture of the
15    investigational drug, biological product, or device.
 
16    Section 20. Coverage; costs; services.
17    (a) This Act does not expand the coverage required of an
18accident and health insurer under the Illinois Insurance Code.
19    (b) A health plan, third-party administrator, or
20governmental agency may, but is not required to, provide
21coverage for the cost of an investigational drug, biological
22product, or device, or the cost of services related to the use
23of an investigational drug, biological product, or device under
24this Act.

 

 

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1    (c) This Act does not require any governmental agency to
2pay costs associated with the use, care, or treatment of a
3patient with an investigational drug, biological product, or
4device.
5    (d) This Act does not require a hospital to provide new or
6additional services, unless approved by the hospital or
7facility.
 
8    Section 25. Death; outstanding debt. If a patient dies
9while being treated with an investigational drug, biological
10product, or device, the patient's heirs are not liable for any
11outstanding debt related to the treatment or lack of insurance
12due to the treatment.
 
13    Section 30. Action against Medicare certification. An
14entity responsible for Medicare certification may not take
15action against a health care provider's Medicare certification
16based solely on the health care provider's recommendation that
17a patient have access to an investigational drug, biological
18product, or device.
 
19    Section 35. Access; counseling. An official, employee, or
20agent of this State may not block or attempt to block an
21eligible patient's access to an investigational drug,
22biological product, or device. Counseling, advice, or a
23recommendation consistent with medical standards of care from a

 

 

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1licensed health care provider is not a violation of this Act.
 
2    Section 40. No private cause of action; health care
3coverage.
4    (a) This Act does not create a private cause of action
5against a manufacturer of an investigational drug, biological
6product, or device or against any other person or entity
7involved in the care of an eligible patient using the
8investigational drug, biological product, or device for any
9harm done to the eligible patient resulting from the
10investigational drug, biological product, or device, if the
11manufacturer or other person or entity is complying in good
12faith with the terms of this Act and has exercised reasonable
13care.
14    (b) This Act does not affect any mandatory health care
15coverage for participation in clinical trials under the
16Illinois Insurance Code.
 
17    Section 90. The Medical Practice Act of 1987 is amended by
18changing Section 22 as follows:
 
19    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
20    (Section scheduled to be repealed on December 31, 2015)
21    Sec. 22. Disciplinary action.
22    (A) The Department may revoke, suspend, place on probation,
23reprimand, refuse to issue or renew, or take any other

 

 

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1disciplinary or non-disciplinary action as the Department may
2deem proper with regard to the license or permit of any person
3issued under this Act, including imposing fines not to exceed
4$10,000 for each violation, upon any of the following grounds:
5        (1) Performance of an elective abortion in any place,
6    locale, facility, or institution other than:
7            (a) a facility licensed pursuant to the Ambulatory
8        Surgical Treatment Center Act;
9            (b) an institution licensed under the Hospital
10        Licensing Act;
11            (c) an ambulatory surgical treatment center or
12        hospitalization or care facility maintained by the
13        State or any agency thereof, where such department or
14        agency has authority under law to establish and enforce
15        standards for the ambulatory surgical treatment
16        centers, hospitalization, or care facilities under its
17        management and control;
18            (d) ambulatory surgical treatment centers,
19        hospitalization or care facilities maintained by the
20        Federal Government; or
21            (e) ambulatory surgical treatment centers,
22        hospitalization or care facilities maintained by any
23        university or college established under the laws of
24        this State and supported principally by public funds
25        raised by taxation.
26        (2) Performance of an abortion procedure in a wilful

 

 

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1    and wanton manner on a woman who was not pregnant at the
2    time the abortion procedure was performed.
3        (3) A plea of guilty or nolo contendere, finding of
4    guilt, jury verdict, or entry of judgment or sentencing,
5    including, but not limited to, convictions, preceding
6    sentences of supervision, conditional discharge, or first
7    offender probation, under the laws of any jurisdiction of
8    the United States of any crime that is a felony.
9        (4) Gross negligence in practice under this Act.
10        (5) Engaging in dishonorable, unethical or
11    unprofessional conduct of a character likely to deceive,
12    defraud or harm the public.
13        (6) Obtaining any fee by fraud, deceit, or
14    misrepresentation.
15        (7) Habitual or excessive use or abuse of drugs defined
16    in law as controlled substances, of alcohol, or of any
17    other substances which results in the inability to practice
18    with reasonable judgment, skill or safety.
19        (8) Practicing under a false or, except as provided by
20    law, an assumed name.
21        (9) Fraud or misrepresentation in applying for, or
22    procuring, a license under this Act or in connection with
23    applying for renewal of a license under this Act.
24        (10) Making a false or misleading statement regarding
25    their skill or the efficacy or value of the medicine,
26    treatment, or remedy prescribed by them at their direction

 

 

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1    in the treatment of any disease or other condition of the
2    body or mind.
3        (11) Allowing another person or organization to use
4    their license, procured under this Act, to practice.
5        (12) Adverse action taken by another state or
6    jurisdiction against a license or other authorization to
7    practice as a medical doctor, doctor of osteopathy, doctor
8    of osteopathic medicine or doctor of chiropractic, a
9    certified copy of the record of the action taken by the
10    other state or jurisdiction being prima facie evidence
11    thereof. This includes any adverse action taken by a State
12    or federal agency that prohibits a medical doctor, doctor
13    of osteopathy, doctor of osteopathic medicine, or doctor of
14    chiropractic from providing services to the agency's
15    participants.
16        (13) Violation of any provision of this Act or of the
17    Medical Practice Act prior to the repeal of that Act, or
18    violation of the rules, or a final administrative action of
19    the Secretary, after consideration of the recommendation
20    of the Disciplinary Board.
21        (14) Violation of the prohibition against fee
22    splitting in Section 22.2 of this Act.
23        (15) A finding by the Disciplinary Board that the
24    registrant after having his or her license placed on
25    probationary status or subjected to conditions or
26    restrictions violated the terms of the probation or failed

 

 

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1    to comply with such terms or conditions.
2        (16) Abandonment of a patient.
3        (17) Prescribing, selling, administering,
4    distributing, giving or self-administering any drug
5    classified as a controlled substance (designated product)
6    or narcotic for other than medically accepted therapeutic
7    purposes.
8        (18) Promotion of the sale of drugs, devices,
9    appliances or goods provided for a patient in such manner
10    as to exploit the patient for financial gain of the
11    physician.
12        (19) Offering, undertaking or agreeing to cure or treat
13    disease by a secret method, procedure, treatment or
14    medicine, or the treating, operating or prescribing for any
15    human condition by a method, means or procedure which the
16    licensee refuses to divulge upon demand of the Department.
17        (20) Immoral conduct in the commission of any act
18    including, but not limited to, commission of an act of
19    sexual misconduct related to the licensee's practice.
20        (21) Wilfully making or filing false records or reports
21    in his or her practice as a physician, including, but not
22    limited to, false records to support claims against the
23    medical assistance program of the Department of Healthcare
24    and Family Services (formerly Department of Public Aid)
25    under the Illinois Public Aid Code.
26        (22) Wilful omission to file or record, or wilfully

 

 

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1    impeding the filing or recording, or inducing another
2    person to omit to file or record, medical reports as
3    required by law, or wilfully failing to report an instance
4    of suspected abuse or neglect as required by law.
5        (23) Being named as a perpetrator in an indicated
6    report by the Department of Children and Family Services
7    under the Abused and Neglected Child Reporting Act, and
8    upon proof by clear and convincing evidence that the
9    licensee has caused a child to be an abused child or
10    neglected child as defined in the Abused and Neglected
11    Child Reporting Act.
12        (24) Solicitation of professional patronage by any
13    corporation, agents or persons, or profiting from those
14    representing themselves to be agents of the licensee.
15        (25) Gross and wilful and continued overcharging for
16    professional services, including filing false statements
17    for collection of fees for which services are not rendered,
18    including, but not limited to, filing such false statements
19    for collection of monies for services not rendered from the
20    medical assistance program of the Department of Healthcare
21    and Family Services (formerly Department of Public Aid)
22    under the Illinois Public Aid Code.
23        (26) A pattern of practice or other behavior which
24    demonstrates incapacity or incompetence to practice under
25    this Act.
26        (27) Mental illness or disability which results in the

 

 

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1    inability to practice under this Act with reasonable
2    judgment, skill or safety.
3        (28) Physical illness, including, but not limited to,
4    deterioration through the aging process, or loss of motor
5    skill which results in a physician's inability to practice
6    under this Act with reasonable judgment, skill or safety.
7        (29) Cheating on or attempt to subvert the licensing
8    examinations administered under this Act.
9        (30) Wilfully or negligently violating the
10    confidentiality between physician and patient except as
11    required by law.
12        (31) The use of any false, fraudulent, or deceptive
13    statement in any document connected with practice under
14    this Act.
15        (32) Aiding and abetting an individual not licensed
16    under this Act in the practice of a profession licensed
17    under this Act.
18        (33) Violating state or federal laws or regulations
19    relating to controlled substances, legend drugs, or
20    ephedra as defined in the Ephedra Prohibition Act.
21        (34) Failure to report to the Department any adverse
22    final action taken against them by another licensing
23    jurisdiction (any other state or any territory of the
24    United States or any foreign state or country), by any peer
25    review body, by any health care institution, by any
26    professional society or association related to practice

 

 

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1    under this Act, by any governmental agency, by any law
2    enforcement agency, or by any court for acts or conduct
3    similar to acts or conduct which would constitute grounds
4    for action as defined in this Section.
5        (35) Failure to report to the Department surrender of a
6    license or authorization to practice as a medical doctor, a
7    doctor of osteopathy, a doctor of osteopathic medicine, or
8    doctor of chiropractic in another state or jurisdiction, or
9    surrender of membership on any medical staff or in any
10    medical or professional association or society, while
11    under disciplinary investigation by any of those
12    authorities or bodies, for acts or conduct similar to acts
13    or conduct which would constitute grounds for action as
14    defined in this Section.
15        (36) Failure to report to the Department any adverse
16    judgment, settlement, or award arising from a liability
17    claim related to acts or conduct similar to acts or conduct
18    which would constitute grounds for action as defined in
19    this Section.
20        (37) Failure to provide copies of medical records as
21    required by law.
22        (38) Failure to furnish the Department, its
23    investigators or representatives, relevant information,
24    legally requested by the Department after consultation
25    with the Chief Medical Coordinator or the Deputy Medical
26    Coordinator.

 

 

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1        (39) Violating the Health Care Worker Self-Referral
2    Act.
3        (40) Willful failure to provide notice when notice is
4    required under the Parental Notice of Abortion Act of 1995.
5        (41) Failure to establish and maintain records of
6    patient care and treatment as required by this law.
7        (42) Entering into an excessive number of written
8    collaborative agreements with licensed advanced practice
9    nurses resulting in an inability to adequately
10    collaborate.
11        (43) Repeated failure to adequately collaborate with a
12    licensed advanced practice nurse.
13        (44) Violating the Compassionate Use of Medical
14    Cannabis Pilot Program Act.
15        (45) Entering into an excessive number of written
16    collaborative agreements with licensed prescribing
17    psychologists resulting in an inability to adequately
18    collaborate.
19        (46) Repeated failure to adequately collaborate with a
20    licensed prescribing psychologist.
21    Except for actions involving the ground numbered (26), all
22proceedings to suspend, revoke, place on probationary status,
23or take any other disciplinary action as the Department may
24deem proper, with regard to a license on any of the foregoing
25grounds, must be commenced within 5 years next after receipt by
26the Department of a complaint alleging the commission of or

 

 

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1notice of the conviction order for any of the acts described
2herein. Except for the grounds numbered (8), (9), (26), and
3(29), no action shall be commenced more than 10 years after the
4date of the incident or act alleged to have violated this
5Section. For actions involving the ground numbered (26), a
6pattern of practice or other behavior includes all incidents
7alleged to be part of the pattern of practice or other behavior
8that occurred, or a report pursuant to Section 23 of this Act
9received, within the 10-year period preceding the filing of the
10complaint. In the event of the settlement of any claim or cause
11of action in favor of the claimant or the reduction to final
12judgment of any civil action in favor of the plaintiff, such
13claim, cause of action or civil action being grounded on the
14allegation that a person licensed under this Act was negligent
15in providing care, the Department shall have an additional
16period of 2 years from the date of notification to the
17Department under Section 23 of this Act of such settlement or
18final judgment in which to investigate and commence formal
19disciplinary proceedings under Section 36 of this Act, except
20as otherwise provided by law. The time during which the holder
21of the license was outside the State of Illinois shall not be
22included within any period of time limiting the commencement of
23disciplinary action by the Department.
24    The entry of an order or judgment by any circuit court
25establishing that any person holding a license under this Act
26is a person in need of mental treatment operates as a

 

 

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1suspension of that license. That person may resume their
2practice only upon the entry of a Departmental order based upon
3a finding by the Disciplinary Board that they have been
4determined to be recovered from mental illness by the court and
5upon the Disciplinary Board's recommendation that they be
6permitted to resume their practice.
7    The Department may refuse to issue or take disciplinary
8action concerning the license of any person who fails to file a
9return, or to pay the tax, penalty or interest shown in a filed
10return, or to pay any final assessment of tax, penalty or
11interest, as required by any tax Act administered by the
12Illinois Department of Revenue, until such time as the
13requirements of any such tax Act are satisfied as determined by
14the Illinois Department of Revenue.
15    The Department, upon the recommendation of the
16Disciplinary Board, shall adopt rules which set forth standards
17to be used in determining:
18        (a) when a person will be deemed sufficiently
19    rehabilitated to warrant the public trust;
20        (b) what constitutes dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public;
23        (c) what constitutes immoral conduct in the commission
24    of any act, including, but not limited to, commission of an
25    act of sexual misconduct related to the licensee's
26    practice; and

 

 

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1        (d) what constitutes gross negligence in the practice
2    of medicine.
3    However, no such rule shall be admissible into evidence in
4any civil action except for review of a licensing or other
5disciplinary action under this Act.
6    In enforcing this Section, the Disciplinary Board or the
7Licensing Board, upon a showing of a possible violation, may
8compel, in the case of the Disciplinary Board, any individual
9who is licensed to practice under this Act or holds a permit to
10practice under this Act, or, in the case of the Licensing
11Board, any individual who has applied for licensure or a permit
12pursuant to this Act, to submit to a mental or physical
13examination and evaluation, or both, which may include a
14substance abuse or sexual offender evaluation, as required by
15the Licensing Board or Disciplinary Board and at the expense of
16the Department. The Disciplinary Board or Licensing Board shall
17specifically designate the examining physician licensed to
18practice medicine in all of its branches or, if applicable, the
19multidisciplinary team involved in providing the mental or
20physical examination and evaluation, or both. The
21multidisciplinary team shall be led by a physician licensed to
22practice medicine in all of its branches and may consist of one
23or more or a combination of physicians licensed to practice
24medicine in all of its branches, licensed chiropractic
25physicians, licensed clinical psychologists, licensed clinical
26social workers, licensed clinical professional counselors, and

 

 

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1other professional and administrative staff. Any examining
2physician or member of the multidisciplinary team may require
3any person ordered to submit to an examination and evaluation
4pursuant to this Section to submit to any additional
5supplemental testing deemed necessary to complete any
6examination or evaluation process, including, but not limited
7to, blood testing, urinalysis, psychological testing, or
8neuropsychological testing. The Disciplinary Board, the
9Licensing Board, or the Department may order the examining
10physician or any member of the multidisciplinary team to
11provide to the Department, the Disciplinary Board, or the
12Licensing Board any and all records, including business
13records, that relate to the examination and evaluation,
14including any supplemental testing performed. The Disciplinary
15Board, the Licensing Board, or the Department may order the
16examining physician or any member of the multidisciplinary team
17to present testimony concerning this examination and
18evaluation of the licensee, permit holder, or applicant,
19including testimony concerning any supplemental testing or
20documents relating to the examination and evaluation. No
21information, report, record, or other documents in any way
22related to the examination and evaluation shall be excluded by
23reason of any common law or statutory privilege relating to
24communication between the licensee, permit holder, or
25applicant and the examining physician or any member of the
26multidisciplinary team. No authorization is necessary from the

 

 

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1licensee, permit holder, or applicant ordered to undergo an
2evaluation and examination for the examining physician or any
3member of the multidisciplinary team to provide information,
4reports, records, or other documents or to provide any
5testimony regarding the examination and evaluation. The
6individual to be examined may have, at his or her own expense,
7another physician of his or her choice present during all
8aspects of the examination. Failure of any individual to submit
9to mental or physical examination and evaluation, or both, when
10directed, shall result in an automatic suspension, without
11hearing, until such time as the individual submits to the
12examination. If the Disciplinary Board or Licensing Board finds
13a physician unable to practice following an examination and
14evaluation because of the reasons set forth in this Section,
15the Disciplinary Board or Licensing Board shall require such
16physician to submit to care, counseling, or treatment by
17physicians, or other health care professionals, approved or
18designated by the Disciplinary Board, as a condition for
19issued, continued, reinstated, or renewed licensure to
20practice. Any physician, whose license was granted pursuant to
21Sections 9, 17, or 19 of this Act, or, continued, reinstated,
22renewed, disciplined or supervised, subject to such terms,
23conditions or restrictions who shall fail to comply with such
24terms, conditions or restrictions, or to complete a required
25program of care, counseling, or treatment, as determined by the
26Chief Medical Coordinator or Deputy Medical Coordinators,

 

 

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1shall be referred to the Secretary for a determination as to
2whether the licensee shall have their license suspended
3immediately, pending a hearing by the Disciplinary Board. In
4instances in which the Secretary immediately suspends a license
5under this Section, a hearing upon such person's license must
6be convened by the Disciplinary Board within 15 days after such
7suspension and completed without appreciable delay. The
8Disciplinary Board shall have the authority to review the
9subject physician's record of treatment and counseling
10regarding the impairment, to the extent permitted by applicable
11federal statutes and regulations safeguarding the
12confidentiality of medical records.
13    An individual licensed under this Act, affected under this
14Section, shall be afforded an opportunity to demonstrate to the
15Disciplinary Board that they can resume practice in compliance
16with acceptable and prevailing standards under the provisions
17of their license.
18    The Department may promulgate rules for the imposition of
19fines in disciplinary cases, not to exceed $10,000 for each
20violation of this Act. Fines may be imposed in conjunction with
21other forms of disciplinary action, but shall not be the
22exclusive disposition of any disciplinary action arising out of
23conduct resulting in death or injury to a patient. Any funds
24collected from such fines shall be deposited in the Medical
25Disciplinary Fund.
26    All fines imposed under this Section shall be paid within

 

 

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160 days after the effective date of the order imposing the fine
2or in accordance with the terms set forth in the order imposing
3the fine.
4    (B) The Department shall revoke the license or permit
5issued under this Act to practice medicine or a chiropractic
6physician who has been convicted a second time of committing
7any felony under the Illinois Controlled Substances Act or the
8Methamphetamine Control and Community Protection Act, or who
9has been convicted a second time of committing a Class 1 felony
10under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
11person whose license or permit is revoked under this subsection
12B shall be prohibited from practicing medicine or treating
13human ailments without the use of drugs and without operative
14surgery.
15    (C) The Department shall not revoke, suspend, place on
16probation, reprimand, refuse to issue or renew, or take any
17other disciplinary or non-disciplinary action against the
18license or permit issued under this Act to practice medicine to
19a physician based solely upon the recommendation of the
20physician to an eligible patient regarding, or prescription
21for, or treatment with, an investigational drug, biological
22product, or device.
23    (D) (C) The Disciplinary Board shall recommend to the
24Department civil penalties and any other appropriate
25discipline in disciplinary cases when the Board finds that a
26physician willfully performed an abortion with actual

 

 

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1knowledge that the person upon whom the abortion has been
2performed is a minor or an incompetent person without notice as
3required under the Parental Notice of Abortion Act of 1995.
4Upon the Board's recommendation, the Department shall impose,
5for the first violation, a civil penalty of $1,000 and for a
6second or subsequent violation, a civil penalty of $5,000.
7(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13;
898-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)
 
9    Section 95. The Illinois Health Statistics Act is amended
10by adding Section 4.5 as follows:
 
11    (410 ILCS 520/4.5 new)
12    Sec. 4.5. Health and drug data under the Right to Try Act.
13The Department shall adopt rules for the collection, recording,
14storage, and protection of health and drug data for any patient
15receiving an investigational drug, biological product, or
16device under the Right to Try Act. The Department shall make
17this information available:
18        (1) for use by patients, treating physicians, medical
19    researchers, drug manufacturers, and the United States
20    Food and Drug Administration;
21        (2) in a manner consistent with any United States Food
22    and Drug Administration requirements; and
23        (3) in a manner that is relevant to the requirements
24    and needs for on-going controlled clinical trials and

 

 

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1    clinical researchers of the investigational drugs,
2    biological products, or devices prescribed under the Right
3    to Try Act.
4    The Department shall also adopt rules regarding
5permissible releases of health and drug information collected
6under this Section to the United States Food and Drug
7Administration and the sponsor of the controlled clinical trial
8testing the investigational drug, biological product, or
9device.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    225 ILCS 60/22from Ch. 111, par. 4400-22
5    410 ILCS 520/4.5 new