093_SB1475

 
                                     LRB093 10933 DRJ 11487 b

 1        AN ACT in relation to health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Woman's Right to Know Act.

 6        Section 5.  Legislative findings and intent.
 7        (a)  The  General Assembly of the State of Illinois finds
 8    that:
 9             (1)  Many  women  now  seek  or  are  encouraged  to
10        undergo elective abortions without full knowledge of  the
11        medical  and psychological risks of abortion, development
12        of the unborn child, or  alternatives  to  abortion.   An
13        abortion   decision   is   often   made  under  stressful
14        circumstances.
15             (2)  The  knowledgeable  exercise   of   a   woman's
16        decision  to  have  an  elective  abortion depends on the
17        extent to which the woman receives sufficient information
18        to  make  a  voluntary  and  informed  choice  between  2
19        alternatives of great consequence: carrying  a  child  to
20        birth or undergoing an abortion.
21             (3)  The   U.S.   Supreme  Court  has  stated:   "In
22        attempting to ensure that a  woman  apprehends  the  full
23        consequences  of  her  decision,  the  State furthers the
24        legitimate purpose of reducing the risk that a woman  may
25        elect   an   abortion,   only  to  discover  later,  with
26        devastating psychological consequences, that her decision
27        was  not  fully  informed."    (Planned   Parenthood   of
28        Southeastern  Pennsylvania  v. Casey, 112 U.S. 2791, 2823
29        (1992)).
30             (4)  The decision to abort  "is  an  important,  and
31        often a stressful one, and it is desirable and imperative
 
                            -2-      LRB093 10933 DRJ 11487 b
 1        that  it  be  made  with full knowledge of its nature and
 2        consequences." (Planned Parenthood v. Danforth, 428  U.S.
 3        52, 67 (1976)).
 4             (5)  It   is  essential  to  the  psychological  and
 5        physical well-being of a woman  considering  an  elective
 6        abortion   that   she   receive   complete  and  accurate
 7        information on all options available to  her  in  dealing
 8        with her pregnancy.
 9             (6)  Women  who  seek elective abortions at abortion
10        clinics  do  not  have    a   prior     patient-physician
11        relationship  with  the  physician  who  is to perform or
12        induce the  abortion,  normally  do  not  return  to  the
13        facility  for  post-operative  care,  and normally do not
14        continue  a  patient-physician  relationship   with   the
15        physician who performed or induced the abortion.  In most
16        instances,  the  woman's  only  actual  contact  with the
17        physician  occurs  simultaneously   with   the   abortion
18        procedure,  with  little  opportunity to receive personal
19        counseling by  the  physician  concerning  her  decision.
20        Because  of  this,  certain  safeguards  are necessary to
21        protect a woman's right to know.
22             (7)  A reasonable  waiting  period  is  critical  to
23        ensure  that  a woman has the fullest opportunity to give
24        her voluntary and informed consent before she  elects  to
25        undergo an abortion.
26        (b)  Based  on  the findings in subsection (a), it is the
27    intent of the legislature in enacting this Act to further the
28    important and  compelling  State  interests  in  all  of  the
29    following:
30             (1)  Protecting  the  life  and  health of the woman
31        subject to  an  elective  abortion  and,  to  the  extent
32        constitutionally  permissible,  the  life  of  her unborn
33        child.
34             (2)  Fostering  the  development  of  standards   of
 
                            -3-      LRB093 10933 DRJ 11487 b
 1        professional conduct in the practice of abortion.
 2             (3)  Ensuring  that  prior  to  the  performance  or
 3        inducement of an elective abortion, the woman considering
 4        an  elective abortion receives personal counseling by the
 5        physician and  is  given  a  full  range  of  information
 6        regarding  her pregnancy, her unborn child, the abortion,
 7        the medical and  psychological  risks  of  abortion,  and
 8        available alternatives to the abortion.
 9             (4)  Reducing  the  risk  that  a woman may elect an
10        abortion,  only  to  discover  later,  with   devastating
11        psychological  consequences,  that  her  decision was not
12        fully informed.  Planned Parenthood v. Casey, 112 S.  Ct.
13        2971, 2823 (1992).
14             (5)  Ensuring  that  a  woman who decides to have an
15        elective  abortion  gives  her  voluntary  and   informed
16        consent to the abortion procedure.

17        Section 10.  Definitions.  As used in this Act:
18        "Abortion"  means  the  use  of any instrument, medicine,
19    drug, or other substance or device to terminate the pregnancy
20    of a woman known to be pregnant with an intention other  than
21    to  increase the probability of a live birth, to preserve the
22    life or health of a child after birth, or to  remove  a  dead
23    fetus.
24        "Department" means the Department of Public Health of the
25    State of Illinois.
26        "Medical  emergency"  means  any  condition  that, on the
27    basis of the physician's good  faith  clinical  judgment,  so
28    complicates  the medical condition of a pregnant female as to
29    necessitate the immediate abortion of her pregnancy to  avert
30    her  death  or  for which a delay will create serious risk of
31    substantial and irreversible impairment  of  a  major  bodily
32    function.
33        "Probable  gestational age of the unborn child" means the
 
                            -4-      LRB093 10933 DRJ 11487 b
 1    number of weeks that have elapsed from the probable  time  of
 2    fertilization  of  a  woman's  ovum, based on the information
 3    provided by the woman as to the time of  her  last  menstrual
 4    period, her medical history, a physical examination performed
 5    by  the physician who is to perform or induce the abortion or
 6    by any other physician, and any appropriate laboratory  tests
 7    performed on her.
 8        "Qualified   person  assisting  the  physician"  means  a
 9    licensed social worker, a registered nurse,  or  a  physician
10    assistant  to whom a physician who is to perform or induce an
11    abortion has delegated the responsibility, as the physician's
12    agent, for providing the information required  under  Section
13    15.
14        "Referring  physician"  means  a physician, as defined in
15    this Act, who is other than the physician who is  to  perform
16    the abortion.
17        "Physician"   means   any  person  licensed  to  practice
18    medicine in all its branches under the Medical  Practice  Act
19    of 1987.
20        "Viability" means the state of fetal development when, in
21    the  judgment  of the physician based on the particular facts
22    of the case before him or  her  and  in  light  of  the  most
23    advanced  medical technology and information available to him
24    or  her,  there  is  a  reasonable  likelihood  of  sustained
25    survival of the unborn child outside the body of his  or  her
26    mother, with or without artificial support.

27        Section 15.  Informed consent requirement.
28        (a)  An abortion shall not be performed or induced unless
29    the  woman  upon  whom  the  abortion  is  to be performed or
30    induced has given her voluntary and informed consent.
31        (b)  Consent  under  this  Section  to  an  abortion   is
32    voluntary  only  if  the  consent is given freely and without
33    coercion by any person.
 
                            -5-      LRB093 10933 DRJ 11487 b
 1        (c)  Except in the case of a medical  emergency,  consent
 2    to an abortion is voluntary and informed if and only if:
 3             (1)  At  least 24 hours before the abortion is to be
 4        performed or induced, the physician who is to perform  or
 5        induce  the  abortion  or the referring physician has, in
 6        person,  orally  informed  the  woman  of  all   of   the
 7        following:
 8                  (A)  The name of the physician who will perform
 9             the abortion.
10                  (B)  Whether,   according  to  the  good  faith
11             clinical judgment of the  physician,  the  woman  is
12             pregnant.
13                  (C)  The probable gestational age of the unborn
14             child at the time that the information is provided.
15                  (D)  The  particular  medical  risks,  if  any,
16             associated with the woman's pregnancy.
17                  (E)  The  probable anatomical and physiological
18             characteristics of the woman's unborn child  at  the
19             time the information is given.
20                  (F)  The  details  of  the  medical or surgical
21             method that would be used in performing or  inducing
22             the abortion.
23                  (G)  The  medical  risks  associated  with  the
24             particular  abortion  procedure  that would be used,
25             including but not limited to the  medical  risks  of
26             infection,    psychological    trauma,   hemorrhage,
27             endometritis,    perforated    uterus,    incomplete
28             abortion,  failed  abortion,  danger  to  subsequent
29             pregnancies, and infertility.
30                  (H)  The    recommended     general     medical
31             instructions  for  the  woman  to  follow  after  an
32             abortion  to  enhance her safe recovery and the name
33             and telephone number  of  a  physician  to  call  if
34             complications arise after the abortion.
 
                            -6-      LRB093 10933 DRJ 11487 b
 1                  (I)  If, in the good faith clinical judgment of
 2             the  physician, the woman's unborn child has reached
 3             viability, that the physician who is to  perform  or
 4             induce   the  abortion  or  a  second  physician  is
 5             required to take all reasonable steps  necessary  to
 6             maintain the life and health of the child.
 7                  (J)  Any  other  information  that a reasonable
 8             patient would consider material and  relevant  to  a
 9             decision  of whether to carry a child to birth or to
10             undergo an abortion.
11                  (K)  That the woman may withdraw her consent to
12             have an abortion at any time before the abortion  is
13             performed or induced.
14                  (L)  That,  except  as  provided in Section 25,
15             the woman is not required  to  pay  any  amount  for
16             performance  or  inducement of the abortion until at
17             least 24 hours have elapsed after  the  requirements
18             of this Section are met.
19             (2)  Except  as  provided in Section 25, at least 24
20        hours before the abortion is to be performed or  induced,
21        the physician who is to perform or induce the abortion, a
22        qualified  person  assisting  the  physician,  or another
23        physician has, in person, orally informed  the  woman  of
24        all of the following:
25                  (A)  Medical   assistance   benefits   may   be
26             available   for   prenatal   care,  childbirth,  and
27             neonatal care, and that more detailed information on
28             the availability of such assistance is contained  in
29             the  printed materials given to her and described in
30             Section 20.
31                  (B)  That the father of  the  unborn  child  is
32             liable  for assistance in the support of the woman's
33             child, if born, even if the father  has  offered  to
34             pay for the abortion. In the case of rape or incest,
 
                            -7-      LRB093 10933 DRJ 11487 b
 1             this information may be omitted.
 2                  (C)  The probable gestational age of the unborn
 3             child  at  the time the abortion is to be performed,
 4             and, if the unborn child is viable  or  has  reached
 5             the gestational age of 24 weeks, that (i) the unborn
 6             child  may be able to survive outside the womb; (ii)
 7             the woman has the right to request the physician  to
 8             use  the  method  of abortion that is most likely to
 9             preserve the life of the unborn child; and (iii)  if
10             the  unborn  child  is  born  alive,  the  attending
11             physician  has  the  legal  obligation  to  take all
12             reasonable steps necessary to maintain the life  and
13             health of the child.
14                  (D)  That  the  woman  has the right to receive
15             and  review  the  printed  materials  described   in
16             Section 20.
17                  (E)  That  the  physician  or  qualified person
18             assisting the physician must (i) physically give the
19             materials to the woman and must, in  person,  orally
20             inform  her  that  the materials are free of charge,
21             have been provided by the State,  and  describe  the
22             unborn   child   and   list   agencies   that  offer
23             alternatives to abortion and that the  physician  or
24             other  person  will  provide  her  with  the current
25             updated copies of  the  printed  materials  free  of
26             charge.
27             (3)  The   information   that   is   required  under
28        subdivisions (c)(1) and (c)(2) is provided to  the  woman
29        in  an  individual  setting  that  protects  her privacy,
30        maintains  the  confidentiality  of  her  decision,   and
31        ensures  that the information she receives focuses on her
32        individual circumstances.  This paragraph (3) may not  be
33        construed  to  prevent  the  woman  from  having a family
34        member or legal guardian, or  any  other  person  of  her
 
                            -8-      LRB093 10933 DRJ 11487 b
 1        choice, present during her private counseling.
 2             (4)  Whoever   provides   the  information  that  is
 3        required under subdivision (c)(1)  or  (c)(2),  or  both,
 4        provides  adequate  opportunity  for  the  woman  to  ask
 5        questions,  including questions concerning the pregnancy,
 6        her unborn child, abortion, and  adoption,  and  provides
 7        the  information  that  is  requested or indicates to the
 8        woman where she can obtain the information.
 9             (4.5)  Whoever  provides  the  information  that  is
10        required under subdivision (c)(1)  or  (c)(2),  or  both,
11        identifies himself or herself by name and position.
12             (5)  The  woman  certifies in writing on a form that
13        the Department shall provide,  prior  to  performance  or
14        inducement  of the abortion, that the information that is
15        required under subdivisions (c)(1) and  (c)(2)  has  been
16        provided  to  her  in the manner specified in subdivision
17        (c)(3),  that  she  has  been  offered  the   information
18        described  in  Section 20, and that all of her questions,
19        as specified under subdivision (c)(4) have been  answered
20        in  a  satisfactory  manner.   The  physician  who  is to
21        perform or induce the abortion or  the  qualified  person
22        assisting  the physician shall write on the certification
23        form the name of the  physician  who  is  to  perform  or
24        induce  the  abortion.   The  woman shall indicate on the
25        certification form who provided the  information  to  her
26        and when it was provided.
27             (6)  Prior  to  the performance or the inducement of
28        the abortion, the physician who is to perform  or  induce
29        the  abortion  or  the  qualified  person  assisting  the
30        physician  receives  the  written  certification  that is
31        required under  subdivision  (c)(5).   The  physician  or
32        qualified  person assisting the physician shall place the
33        certification in the woman's  medical  record  and  shall
34        provide the woman with a copy of the certification.
 
                            -9-      LRB093 10933 DRJ 11487 b
 1             (7)  If  the  woman considering an abortion has been
 2        adjudicated  incompetent,  the  requirements  to  provide
 3        information to the woman under Section 15 apply  to  also
 4        require  provision  of  the  information  to  the  person
 5        appointed as the woman's guardian.

 6        Section 20.  Publication of materials.
 7        (a)  Within  90  days  after  this  Act  becomes law, the
 8    Department shall cause to be published in  English,  Spanish,
 9    and  other  languages spoken by a significant number of State
10    residents, as determined by the  Department,  materials  that
11    are  in  an  easily  comprehensible format and are printed in
12    type of not less than 12-point size.   The  Department  shall
13    update on an annual basis the following materials:
14             (1)  Geographically   indexed   materials  that  are
15        designed to inform  a  woman  about  public  and  private
16        agencies,   including  adoption  agencies,  available  to
17        assist her through pregnancy, upon childbirth, and  while
18        the  child  is  dependent.  The materials shall include a
19        comprehensive  list  of   the   agencies   available,   a
20        description  of  the  services  that  they  offer,  and a
21        description of the manner in which they may be contacted,
22        including telephone numbers and addresses. The  materials
23        shall  include a toll-free, 24-hour telephone number that
24        may be called to obtain  an  oral  listing  of  available
25        agencies and services in the locality of the caller and a
26        description  of  the services that the agencies offer and
27        the manner in which they may be contacted.  The materials
28        shall  provide  information  on   the   availability   of
29        governmentally  funded programs that serve pregnant women
30        and children. Services identified  for  the  woman  shall
31        include  temporary assistance for needy families, medical
32        assistance  for  pregnant   women   and   children,   the
33        availability  of  family  or  medical  leave,  child care
 
                            -10-     LRB093 10933 DRJ 11487 b
 1        services, child support laws, and programs and the credit
 2        for  expenses  for  household  and  dependent  care   and
 3        services   necessary   for   gainful  employment.     The
 4        materials shall state that it is unlawful to  perform  an
 5        abortion  for  which  consent  has been coerced, that the
 6        father of a child is liable for assistance in the support
 7        of the child, even in instances in which the  father  has
 8        offered to pay for an abortion, and that adoptive parents
 9        may  pay  the  costs  of  prenatal  care, childbirth, and
10        neonatal care. The material shall include  the  following
11        statement:  "There  are  many public and private agencies
12        willing and able to help you to carry your child to term,
13        and to assist you and your  child  after  your  child  is
14        born,  whether  you choose to keep your child or to place
15        her or him for adoption.  The State of Illinois  strongly
16        urges you to contact one or more of these agencies before
17        making a final decision about abortion.  The law requires
18        that  your  physician  or  his  or her agent give you the
19        opportunity  to  call  agencies  like  these  before  you
20        undergo  an  abortion."  The  materials   shall   include
21        information, for a woman whose pregnancy is the result of
22        sexual  assault or incest, on legal protections available
23        to the woman and  her  child  if  she  wishes  to  oppose
24        establishment  of  paternity or to terminate the father's
25        parental rights.
26             (2)  Materials, including photographs, pictures,  or
27        drawings,  that  are  designed to inform the woman of the
28        probable anatomical and physiological characteristics  of
29        the unborn child at 2-week gestational increments for the
30        first 16 weeks of her pregnancy and at 4-week gestational
31        increments  from  the  17th week of the pregnancy to full
32        term, including any relevant  information  regarding  the
33        time  at which the unborn child could possibly be viable.
34        The pictures or drawings must contain the  dimensions  of
 
                            -11-     LRB093 10933 DRJ 11487 b
 1        the  unborn  child  and must be realistic and appropriate
 2        for the stage of pregnancy depicted.  The materials shall
 3        be objective, nonjudgmental, and designed to convey  only
 4        accurate scientific information about the unborn child at
 5        the   various  gestational  ages,  including  appearance,
 6        mobility, brain and heart activity and function,  tactile
 7        sensitivity,  and  the  presence  of  internal organs and
 8        external  members.   The  materials  shall  also  contain
 9        objective, accurate information describing the methods of
10        abortion procedures commonly employed,  the  medical  and
11        psychological  risks  commonly  associated with each such
12        procedure,   including   the    risks    of    infection,
13        psychological     trauma,    hemorrhage,    endometritis,
14        perforated uterus, incomplete abortion, failed  abortion,
15        danger  to  subsequent  pregnancies, and infertility, and
16        the medical risks commonly  associated  with  carrying  a
17        child to birth.
18             (3)  A  certification form for use under subdivision
19        (c)(5) of Section 15 that lists, in a  check-off  format,
20        all of the information required to be provided under that
21        Section.
22        (b)  A  physician  who  intends  to  perform or induce an
23    abortion or a referring physician,  who  reasonably  believes
24    that  he or she might have a patient for whom the information
25    in subsection (a) is required to be given,  shall  request  a
26    reasonably   adequate   number  of  the  materials  that  are
27    described in subsection (a) from the Department.

28        Section 25.  Medical emergencies. If a medical  emergency
29    exists,  the  physician  who  is  to  perform  or  induce the
30    abortion necessitated by the medical emergency  shall  inform
31    the  woman, prior to the abortion if possible, of the medical
32    indications supporting the physician's  good  faith  clinical
33    judgment that an immediate abortion is necessary to avert her
 
                            -12-     LRB093 10933 DRJ 11487 b
 1    death or that a 24-hour delay in performance or inducement of
 2    an  abortion  will  create  a serious risk of substantial and
 3    irreversible impairment of one or more of the  woman's  major
 4    bodily  functions.   If  possible, the physician shall obtain
 5    the woman's written  consent  prior  to  the  abortion.   The
 6    physician  shall certify these medical indications in writing
 7    and place the certification in the woman's medical record.

 8        Section 30.  Pregnancy as the result of sexual assault or
 9    incest. A woman seeking an abortion  may  waive  the  24-hour
10    period  required  under  subdivision (c)(1) of Section 15, if
11    the woman alleges that the pregnancy is the result of  sexual
12    assault.

13        Section 35.  Violation; penalty.  A physician's violation
14    of  this  Act  is  grounds  for disciplinary action under the
15    Medical Practice Act of 1987.

16        Section 40.  Common law rights.    Nothing  in  this  Act
17    limits  the  common  law  rights  of a person that are not in
18    conflict with this Act.

19        Section 50.  Construction. Nothing in this Act  shall  be
20    construed  as  creating or recognizing a right to abortion or
21    as making lawful an abortion that is otherwise unlawful.

22        Section  55.  Severability.  If  any   provision,   word,
23    phrase,  or  clause  of  this  Act  or its application to any
24    person or circumstance is held  invalid,  the  invalidity  of
25    that provision or application does not affect the provisions,
26    words, phrases, clauses, or applications of the Act which can
27    be  given effect without the invalid provision, word, phrase,
28    clause, or application,  and  to  this  end  the  provisions,
29    words,  phrases,  and  clauses of this Act are declared to be
 
                            -13-     LRB093 10933 DRJ 11487 b
 1    severable.

 2        Section 90.  The Medical Practice Act of 1987 is  amended
 3    by changing Sections 22 and 23 as follows:

 4        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
 5        Sec. 22.  Disciplinary action.
 6        (A)  The   Department   may  revoke,  suspend,  place  on
 7    probationary status, or take any other disciplinary action as
 8    the Department may deem proper with regard to the license  or
 9    visiting professor permit of any person issued under this Act
10    to  practice medicine, or to treat human ailments without the
11    use of drugs and without operative surgery upon  any  of  the
12    following grounds:
13             (1)  Performance  of  an  elective  abortion  in any
14        place, locale, facility, or institution other than:
15                  (a)  a  facility  licensed  pursuant   to   the
16             Ambulatory Surgical Treatment Center Act;
17                  (b)  an institution licensed under the Hospital
18             Licensing Act; or
19                  (c)  an ambulatory surgical treatment center or
20             hospitalization  or  care facility maintained by the
21             State or any agency thereof, where  such  department
22             or  agency  has authority under law to establish and
23             enforce  standards  for  the   ambulatory   surgical
24             treatment    centers,   hospitalization,   or   care
25             facilities under its management and control; or
26                  (d)  ambulatory  surgical  treatment   centers,
27             hospitalization or care facilities maintained by the
28             Federal Government; or
29                  (e)  ambulatory   surgical  treatment  centers,
30             hospitalization or care facilities maintained by any
31             university or college established under the laws  of
32             this State and supported principally by public funds
 
                            -14-     LRB093 10933 DRJ 11487 b
 1             raised by taxation.
 2             (2)  Performance  of  an  abortion  procedure  in  a
 3        wilful  and wanton manner on a woman who was not pregnant
 4        at the time the abortion procedure was performed.
 5             (3)  The conviction of a felony in this or any other
 6        jurisdiction, except as otherwise provided in  subsection
 7        B  of  this  Section,  whether or not related to practice
 8        under this  Act,  or  the  entry  of  a  guilty  or  nolo
 9        contendere plea to a felony charge.
10             (4)  Gross negligence in practice under this Act.
11             (5)  Engaging    in   dishonorable,   unethical   or
12        unprofessional conduct of a character likely to  deceive,
13        defraud or harm the public.
14             (6)  Obtaining   any   fee   by  fraud,  deceit,  or
15        misrepresentation.
16             (7)  Habitual or excessive use  or  abuse  of  drugs
17        defined  in  law as controlled substances, of alcohol, or
18        of any other substances which results in the inability to
19        practice with reasonable judgment, skill or safety.
20             (8)  Practicing under a false or, except as provided
21        by law, an assumed name.
22             (9)  Fraud or misrepresentation in applying for,  or
23        procuring, a license under this Act or in connection with
24        applying for renewal of a license under this Act.
25             (10)  Making   a   false   or  misleading  statement
26        regarding their skill or the efficacy  or  value  of  the
27        medicine,  treatment,  or  remedy  prescribed  by them at
28        their direction in the treatment of any disease or  other
29        condition of the body or mind.
30             (11)  Allowing another person or organization to use
31        their license, procured under this Act, to practice.
32             (12)  Disciplinary   action   of  another  state  or
33        jurisdiction against a license or other authorization  to
34        practice  as  a  medical  doctor,  doctor  of osteopathy,
 
                            -15-     LRB093 10933 DRJ 11487 b
 1        doctor of osteopathic medicine or doctor of chiropractic,
 2        a certified copy of the record of the action taken by the
 3        other state or jurisdiction being  prima  facie  evidence
 4        thereof.
 5             (13)  Violation  of  any provision of this Act or of
 6        the Medical Practice Act prior to the repeal of that Act,
 7        or violation of the  rules,  or  a  final  administrative
 8        action  of  the  Director,  after  consideration  of  the
 9        recommendation of the Disciplinary Board.
10             (14)  Dividing  with  anyone  other  than physicians
11        with  whom  the  licensee  practices  in  a  partnership,
12        Professional Association, limited liability  company,  or
13        Medical  or Professional Corporation any fee, commission,
14        rebate or other form of compensation for any professional
15        services not actually and  personally  rendered.  Nothing
16        contained  in  this  subsection prohibits persons holding
17        valid and current licenses under this Act from practicing
18        medicine in partnership under  a  partnership  agreement,
19        including  a  limited liability partnership, in a limited
20        liability company under  the  Limited  Liability  Company
21        Act,   in   a   corporation  authorized  by  the  Medical
22        Corporation Act, as  an  association  authorized  by  the
23        Professional  Association  Act, or in a corporation under
24        the  Professional  Corporation  Act  or   from   pooling,
25        sharing,  dividing  or  apportioning  the fees and monies
26        received by them or by the  partnership,  corporation  or
27        association  in accordance with the partnership agreement
28        or  the  policies  of  the  Board  of  Directors  of  the
29        corporation or association.  Nothing  contained  in  this
30        subsection prohibits 2 or more corporations authorized by
31        the  Medical  Corporation Act, from forming a partnership
32        or joint venture  of  such  corporations,  and  providing
33        medical,  surgical  and scientific research and knowledge
34        by employees of these corporations if such employees  are
 
                            -16-     LRB093 10933 DRJ 11487 b
 1        licensed  under  this  Act,  or  from  pooling,  sharing,
 2        dividing, or apportioning the fees and monies received by
 3        the  partnership  or joint venture in accordance with the
 4        partnership  or   joint   venture   agreement.    Nothing
 5        contained  in this subsection shall abrogate the right of
 6        2 or more persons, holding  valid  and  current  licenses
 7        under this Act, to each receive adequate compensation for
 8        concurrently rendering professional services to a patient
 9        and   divide  a  fee;  provided,  the  patient  has  full
10        knowledge  of  the  division,  and,  provided,  that  the
11        division is made in proportion to the services  performed
12        and responsibility assumed by each.
13             (15)  A  finding  by  the Medical Disciplinary Board
14        that the registrant  after  having  his  or  her  license
15        placed  on probationary status or subjected to conditions
16        or restrictions violated the terms of  the  probation  or
17        failed to comply with such terms or conditions.
18             (16)  Abandonment of a patient.
19             (17)  Prescribing,      selling,      administering,
20        distributing,   giving  or  self-administering  any  drug
21        classified as a controlled substance (designated product)
22        or narcotic for other than medically accepted therapeutic
23        purposes.
24             (18)  Promotion  of  the  sale  of  drugs,  devices,
25        appliances or goods provided for a patient in such manner
26        as to exploit the  patient  for  financial  gain  of  the
27        physician.
28             (19)  Offering,  undertaking  or agreeing to cure or
29        treat disease by a secret method, procedure, treatment or
30        medicine, or the treating, operating or  prescribing  for
31        any human condition by a method, means or procedure which
32        the  licensee  refuses  to  divulge  upon  demand  of the
33        Department.
34             (20)  Immoral conduct in the commission of  any  act
 
                            -17-     LRB093 10933 DRJ 11487 b
 1        including,  but  not  limited to, commission of an act of
 2        sexual misconduct related to the licensee's practice.
 3             (21)  Wilfully making or  filing  false  records  or
 4        reports in his or her practice as a physician, including,
 5        but  not  limited  to,  false  records  to support claims
 6        against the medical assistance program of the  Department
 7        of Public Aid under the Illinois Public Aid Code.
 8             (22)  Wilful omission to file or record, or wilfully
 9        impeding  the  filing  or  recording, or inducing another
10        person to omit to file  or  record,  medical  reports  as
11        required  by  law,  or  wilfully  failing  to  report  an
12        instance  of  suspected  abuse  or neglect as required by
13        law.
14             (23)  Being named as a perpetrator in  an  indicated
15        report  by the Department of Children and Family Services
16        under the Abused and Neglected Child Reporting  Act,  and
17        upon  proof  by  clear  and  convincing evidence that the
18        licensee has caused a child to  be  an  abused  child  or
19        neglected  child  as  defined in the Abused and Neglected
20        Child Reporting Act.
21             (24)  Solicitation of professional patronage by  any
22        corporation,  agents  or persons, or profiting from those
23        representing themselves to be agents of the licensee.
24             (25)  Gross and wilful  and  continued  overcharging
25        for   professional   services,   including  filing  false
26        statements for collection of fees for which services  are
27        not  rendered, including, but not limited to, filing such
28        false statements for collection of  monies  for  services
29        not  rendered  from the medical assistance program of the
30        Department of Public Aid under the  Illinois  Public  Aid
31        Code.
32             (26)  A  pattern of practice or other behavior which
33        demonstrates incapacity or incompetence to practice under
34        this Act.
 
                            -18-     LRB093 10933 DRJ 11487 b
 1             (27)  Mental illness or disability which results  in
 2        the  inability to practice under this Act with reasonable
 3        judgment, skill or safety.
 4             (28)  Physical illness, including, but  not  limited
 5        to,  deterioration  through the aging process, or loss of
 6        motor skill which results in a physician's  inability  to
 7        practice  under  this Act with reasonable judgment, skill
 8        or safety.
 9             (29)  Cheating  on  or  attempt   to   subvert   the
10        licensing examinations administered under this Act.
11             (30)  Wilfully    or   negligently   violating   the
12        confidentiality between physician and patient  except  as
13        required by law.
14             (31)  The use of any false, fraudulent, or deceptive
15        statement  in  any document connected with practice under
16        this Act.
17             (32)  Aiding and abetting an individual not licensed
18        under this Act in the practice of a  profession  licensed
19        under this Act.
20             (33)  Violating state or federal laws or regulations
21        relating to controlled substances.
22             (34)  Failure   to  report  to  the  Department  any
23        adverse  final  action  taken  against  them  by  another
24        licensing jurisdiction (any other state or any  territory
25        of the United States or any foreign state or country), by
26        any  peer review body, by any health care institution, by
27        any  professional  society  or  association  related   to
28        practice  under  this Act, by any governmental agency, by
29        any law enforcement agency, or by any court for  acts  or
30        conduct similar to acts or conduct which would constitute
31        grounds for action as defined in this Section.
32             (35)  Failure  to report to the Department surrender
33        of a license or authorization to practice  as  a  medical
34        doctor,  a  doctor of osteopathy, a doctor of osteopathic
 
                            -19-     LRB093 10933 DRJ 11487 b
 1        medicine, or doctor of chiropractic in another  state  or
 2        jurisdiction,  or  surrender of membership on any medical
 3        staff or in any medical or  professional  association  or
 4        society, while under disciplinary investigation by any of
 5        those  authorities or bodies, for acts or conduct similar
 6        to acts or conduct which  would  constitute  grounds  for
 7        action as defined in this Section.
 8             (36)  Failure   to  report  to  the  Department  any
 9        adverse judgment, settlement, or  award  arising  from  a
10        liability  claim  related  to  acts or conduct similar to
11        acts or conduct which would constitute grounds for action
12        as defined in this Section.
13             (37)  Failure to transfer copies of medical  records
14        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
21        Act.
22             (40)  Willful  failure to provide notice when notice
23        is required under the Parental Notice of Abortion Act  of
24        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
30        collaborate and provide medical direction.
31             (43)  Repeated  failure  to  adequately  collaborate
32        with  or provide medical direction to a licensed advanced
33        practice nurse.
34             (44)  Willful failure to provide a  woman  with  the
 
                            -20-     LRB093 10933 DRJ 11487 b
 1        information  required  under subdivision (c)(1) or (c)(2)
 2        of Section 15 of the Woman's Right to Know Act.
 3        All proceedings to suspend, revoke, place on probationary
 4    status,  or  take  any  other  disciplinary  action  as   the
 5    Department  may  deem proper, with regard to a license on any
 6    of the foregoing grounds, must be commenced  within  3  years
 7    next  after receipt by the Department of a complaint alleging
 8    the commission of or notice of the conviction order  for  any
 9    of  the  acts  described  herein.   Except  for  the  grounds
10    numbered (8), (9) and (29), no action shall be commenced more
11    than 5 years after the date of the incident or act alleged to
12    have  violated  this Section.  In the event of the settlement
13    of any claim or cause of action in favor of the  claimant  or
14    the  reduction to final judgment of any civil action in favor
15    of the plaintiff, such claim, cause of action or civil action
16    being grounded on the allegation that a person licensed under
17    this Act was negligent  in  providing  care,  the  Department
18    shall  have an additional period of one year from the date of
19    notification to the Department under Section 23 of  this  Act
20    of  such settlement or final judgment in which to investigate
21    and commence formal disciplinary proceedings under Section 36
22    of this Act, except as otherwise provided by law.   The  time
23    during  which the holder of the license was outside the State
24    of Illinois shall not be included within any period  of  time
25    limiting  the  commencement  of  disciplinary  action  by the
26    Department.
27        The entry of an order or judgment by  any  circuit  court
28    establishing that any person holding a license under this Act
29    is  a  person  in  need  of  mental  treatment  operates as a
30    suspension of that license.  That  person  may  resume  their
31    practice  only  upon  the entry of a Departmental order based
32    upon a finding by the Medical Disciplinary  Board  that  they
33    have  been  determined to be recovered from mental illness by
34    the court and upon the  Disciplinary  Board's  recommendation
 
                            -21-     LRB093 10933 DRJ 11487 b
 1    that they be permitted to resume their practice.
 2        The  Department  may refuse to issue or take disciplinary
 3    action concerning the license of any person who fails to file
 4    a return, or to pay the tax, penalty or interest shown  in  a
 5    filed  return, or to pay any final assessment of tax, penalty
 6    or interest, as required by any tax Act administered  by  the
 7    Illinois  Department  of  Revenue,  until  such  time  as the
 8    requirements of any such tax Act are satisfied as  determined
 9    by the Illinois Department of Revenue.
10        The   Department,   upon   the   recommendation   of  the
11    Disciplinary  Board,  shall  adopt  rules  which  set   forth
12    standards to be used in determining:
13             (a)  when  a  person  will  be  deemed  sufficiently
14        rehabilitated to warrant the public trust;
15             (b)  what  constitutes  dishonorable,  unethical  or
16        unprofessional  conduct of a character likely to deceive,
17        defraud, or harm the public;
18             (c)  what  constitutes  immoral   conduct   in   the
19        commission  of  any  act,  including, but not limited to,
20        commission of an act of sexual misconduct related to  the
21        licensee's practice; and
22             (d)  what   constitutes   gross  negligence  in  the
23        practice of medicine.
24        However, no such rule shall be admissible  into  evidence
25    in any civil action except for review of a licensing or other
26    disciplinary action under this Act.
27        In  enforcing  this  Section,  the  Medical  Disciplinary
28    Board, upon a showing of a possible violation, may compel any
29    individual  licensed  to  practice under this Act, or who has
30    applied for licensure or a permit pursuant to  this  Act,  to
31    submit  to  a  mental  or  physical  examination, or both, as
32    required by and  at  the  expense  of  the  Department.   The
33    examining physician or physicians shall be those specifically
34    designated   by   the   Disciplinary   Board.   The   Medical
 
                            -22-     LRB093 10933 DRJ 11487 b
 1    Disciplinary  Board or the Department may order the examining
 2    physician to present  testimony  concerning  this  mental  or
 3    physical  examination  of  the  licensee  or  applicant.   No
 4    information  shall be excluded by reason of any common law or
 5    statutory privilege relating  to  communication  between  the
 6    licensee  or  applicant  and  the  examining  physician.  The
 7    individual  to  be  examined  may  have,  at  his  or her own
 8    expense, another physician  of  his  or  her  choice  present
 9    during  all  aspects  of  the  examination.    Failure of any
10    individual to submit to mental or physical examination,  when
11    directed,  shall  be  grounds  for  suspension  of his or her
12    license until such time as  the  individual  submits  to  the
13    examination if the Disciplinary Board finds, after notice and
14    hearing,  that  the  refusal to submit to the examination was
15    without reasonable cause.  If the Disciplinary Board finds  a
16    physician unable to practice because of the reasons set forth
17    in  this  Section,  the Disciplinary Board shall require such
18    physician to submit to  care,  counseling,  or  treatment  by
19    physicians  approved or designated by the Disciplinary Board,
20    as  a  condition  for  continued,  reinstated,   or   renewed
21    licensure  to  practice.   Any  physician,  whose license was
22    granted pursuant to Sections 9, 17, or 19 of  this  Act,  or,
23    continued,  reinstated,  renewed,  disciplined or supervised,
24    subject to such terms, conditions or restrictions  who  shall
25    fail  to  comply with such terms, conditions or restrictions,
26    or to complete a required program  of  care,  counseling,  or
27    treatment,  as determined by the Chief Medical Coordinator or
28    Deputy  Medical  Coordinators,  shall  be  referred  to   the
29    Director for a determination as to whether the licensee shall
30    have  their  license suspended immediately, pending a hearing
31    by  the  Disciplinary  Board.   In  instances  in  which  the
32    Director immediately suspends a license under this Section, a
33    hearing upon such person's license must be  convened  by  the
34    Disciplinary  Board  within 15 days after such suspension and
 
                            -23-     LRB093 10933 DRJ 11487 b
 1    completed without appreciable delay.  The Disciplinary  Board
 2    shall  have  the  authority to review the subject physician's
 3    record of treatment and counseling regarding the  impairment,
 4    to  the  extent  permitted by applicable federal statutes and
 5    regulations  safeguarding  the  confidentiality  of   medical
 6    records.
 7        An  individual  licensed  under  this Act, affected under
 8    this Section, shall be afforded an opportunity to demonstrate
 9    to the Disciplinary Board that they can  resume  practice  in
10    compliance with acceptable and prevailing standards under the
11    provisions of their license.
12        The Department may promulgate rules for the imposition of
13    fines  in  disciplinary  cases, not to exceed $5,000 for each
14    violation of this Act.  Fines may be imposed  in  conjunction
15    with other forms of disciplinary action, but shall not be the
16    exclusive  disposition of any disciplinary action arising out
17    of conduct resulting in death or injury to  a  patient.   Any
18    funds  collected  from  such  fines shall be deposited in the
19    Medical Disciplinary Fund.
20        (B)  The Department shall revoke the license or  visiting
21    permit  of  any  person  issued  under  this  Act to practice
22    medicine or to treat human ailments without the use of  drugs
23    and  without  operative  surgery,  who  has  been convicted a
24    second time of  committing  any  felony  under  the  Illinois
25    Controlled Substances Act, or who has been convicted a second
26    time  of  committing a Class 1 felony under Sections 8A-3 and
27    8A-6 of the Illinois Public Aid Code.  A person whose license
28    or visiting permit is revoked  under  this  subsection  B  of
29    Section  22  of  this Act shall be prohibited from practicing
30    medicine or treating human ailments without the use of  drugs
31    and without operative surgery.
32        (C)  The  Medical  Disciplinary  Board shall recommend to
33    the Department civil  penalties  and  any  other  appropriate
34    discipline  in disciplinary cases when the Board finds that a
 
                            -24-     LRB093 10933 DRJ 11487 b
 1    physician  willfully  performed  an  abortion   with   actual
 2    knowledge  that  the  person  upon whom the abortion has been
 3    performed is a minor or an incompetent person without  notice
 4    as  required  under  the  Parental  Notice of Abortion Act of
 5    1995.  Upon the Board's recommendation, the Department  shall
 6    impose,  for  the  first violation, a civil penalty of $1,000
 7    and for a second or subsequent violation, a civil penalty  of
 8    $5,000.
 9        (D)  The  Medical  Disciplinary  Board shall recommend to
10    the Department civil  penalties  and  any  other  appropriate
11    discipline  in disciplinary cases when the Board finds that a
12    physician willfully performed an abortion  without  providing
13    the  woman  with  the  information required under subdivision
14    (c)(1) or (c)(2) of Section 15 of the Woman's Right  to  Know
15    Act.   Upon  the Board's recommendation, the Department shall
16    impose, for the first violation, a civil  penalty  of  $1,000
17    and  for a second or subsequent violation, a civil penalty of
18    $5,000.
19    (Source: P.A.  89-18,  eff.  6-1-95;  89-201,  eff.   1-1-96;
20    89-626,  eff.  8-9-96;  89-702,  eff.  7-1-97;  90-742,  eff.
21    8-13-98.)

22        (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
23        Sec.  23.  Reports  relating  to professional conduct and
24    capacity.
25        (A)  Entities required to report.
26             (1)  Health   care    institutions.     The    chief
27        administrator  or  executive  officer  of any health care
28        institution licensed by the Illinois Department of Public
29        Health shall report to the Disciplinary  Board  when  any
30        person's   clinical  privileges  are  terminated  or  are
31        restricted based on a final determination, in  accordance
32        with that institution's by-laws or rules and regulations,
33        that  a  person has either committed an act or acts which
 
                            -25-     LRB093 10933 DRJ 11487 b
 1        may  directly  threaten  patient  care,  and  not  of  an
 2        administrative nature, or that a person may  be  mentally
 3        or  physically  disabled  in such a manner as to endanger
 4        patients under that person's  care.   Such  officer  also
 5        shall report if a person accepts voluntary termination or
 6        restriction  of  clinical  privileges  in  lieu of formal
 7        action based upon conduct  related  directly  to  patient
 8        care  and  not of an administrative nature, or in lieu of
 9        formal action seeking to determine whether a  person  may
10        be mentally or physically disabled in such a manner as to
11        endanger  patients under that person's care.  The Medical
12        Disciplinary  Board  shall,  by  rule,  provide  for  the
13        reporting to it of  all  instances  in  which  a  person,
14        licensed  under  this  Act,  who is impaired by reason of
15        age,  drug  or  alcohol  abuse  or  physical  or   mental
16        impairment,  is under supervision and, where appropriate,
17        is in a program of rehabilitation.  Such reports shall be
18        strictly confidential and may be reviewed and  considered
19        only  by  the  members  of  the Disciplinary Board, or by
20        authorized staff as provided by rules of the Disciplinary
21        Board.  Provisions shall be made for the periodic  report
22        of  the  status  of  any  such person not less than twice
23        annually in order that the Disciplinary Board shall  have
24        current information upon which to determine the status of
25        any  such  person.  Such initial  and periodic reports of
26        impaired  physicians  shall  not  be  considered  records
27        within the meaning of The State Records Act and shall  be
28        disposed   of,   following   a   determination   by   the
29        Disciplinary  Board  that  such  reports  are  no  longer
30        required,   in   a   manner  and  at  such  time  as  the
31        Disciplinary Board shall determine by rule.   The  filing
32        of  such  reports  shall  be construed as the filing of a
33        report for purposes of subsection (C) of this Section.
34             (2)  Professional associations.   The  President  or
 
                            -26-     LRB093 10933 DRJ 11487 b
 1        chief executive officer of any association or society, of
 2        persons  licensed  under  this Act, operating within this
 3        State shall report to the  Disciplinary  Board  when  the
 4        association or society renders a final determination that
 5        a  person  has  committed  unprofessional conduct related
 6        directly to patient care or that a person may be mentally
 7        or physically disabled in such a manner  as  to  endanger
 8        patients under that person's care.
 9             (3)  Professional    liability    insurers.    Every
10        insurance company which offers policies  of  professional
11        liability  insurance  to persons licensed under this Act,
12        or  any  other  entity  which  seeks  to  indemnify   the
13        professional  liability  of  a person licensed under this
14        Act,  shall  report  to  the   Disciplinary   Board   the
15        settlement  of  any  claim  or  cause of action, or final
16        judgment rendered in any cause of action,  which  alleged
17        negligence  in  the  furnishing  of  medical care by such
18        licensed person when such settlement or final judgment is
19        in favor of the plaintiff.
20             (4)  State's Attorneys.   The  State's  Attorney  of
21        each  county  shall  report to the Disciplinary Board all
22        instances in which a person licensed under  this  Act  is
23        convicted  or otherwise found guilty of the commission of
24        any felony. The  State's  Attorney  of  each  county  may
25        report  to  the  Disciplinary  Board  through  a verified
26        complaint any instance  in  which  the  State's  Attorney
27        believes  that  a  physician  has  willfully violated the
28        requirements to provide  information  to  a  woman  under
29        subdivision (c)(1) or (c)(2) of Section 15 of the Woman's
30        Right  to Know Act.   The State's Attorney of each county
31        may report to the Disciplinary Board through  a  verified
32        complaint  any  instance  in  which  the State's Attorney
33        believes that a  physician  has  willfully  violated  the
34        notice  requirements  of  the Parental Notice of Abortion
 
                            -27-     LRB093 10933 DRJ 11487 b
 1        Act of 1995.
 2             (5)  State   agencies.    All   agencies,    boards,
 3        commissions,  departments,  or other instrumentalities of
 4        the government of the State of Illinois shall  report  to
 5        the Disciplinary Board any instance arising in connection
 6        with   the  operations  of  such  agency,  including  the
 7        administration of any law by  such  agency,  in  which  a
 8        person  licensed  under  this Act has either committed an
 9        act or acts which may be a violation of this Act or which
10        may constitute unprofessional conduct related directly to
11        patient care or which indicates that  a  person  licensed
12        under  this Act may be mentally or physically disabled in
13        such a manner as to endanger patients under that person's
14        care.
15        (B)  Mandatory reporting.  All reports required by  items
16    (34),  (35),  and (36) of subsection (A) of Section 22 and by
17    Section 23 shall be submitted to the Disciplinary Board in  a
18    timely fashion.  The reports shall be filed in writing within
19    60 days after a determination that a report is required under
20    this   Act.    All   reports   shall  contain  the  following
21    information:
22             (1)  The name, address and telephone number  of  the
23        person making the report.
24             (2)  The  name,  address and telephone number of the
25        person who is the subject of the report.
26             (3)  The name or other means  of  identification  of
27        any  patient  or patients whose treatment is a subject of
28        the report, provided, however, no medical records may  be
29        revealed  without  the  written consent of the patient or
30        patients.
31             (4)  A brief description of  the  facts  which  gave
32        rise  to  the issuance of the report, including the dates
33        of any occurrences deemed to necessitate  the  filing  of
34        the report.
 
                            -28-     LRB093 10933 DRJ 11487 b
 1             (5)  If  court  action  is involved, the identity of
 2        the court in which the action is filed,  along  with  the
 3        docket number and date of filing of the action.
 4             (6)  Any  further  pertinent  information  which the
 5        reporting party deems to be an aid in the  evaluation  of
 6        the report.
 7        The Department shall have the right to inform patients of
 8    the  right  to  provide written consent for the Department to
 9    obtain  copies  of  hospital   and   medical   records.   The
10    Disciplinary Board or Department may exercise the power under
11    Section  38  of  this  Act  to subpoena copies of hospital or
12    medical records in mandatory report cases alleging  death  or
13    permanent bodily injury when consent to obtain records is not
14    provided  by  a patient or legal representative.  Appropriate
15    rules shall be adopted by the Department with the approval of
16    the Disciplinary Board.
17        When  the  Department  has   received   written   reports
18    concerning  incidents  required to be reported in items (34),
19    (35),  and  (36)  of  subsection  (A)  of  Section  22,   the
20    licensee's  failure  to report the incident to the Department
21    under  those  items  shall  not  be  the  sole  grounds   for
22    disciplinary action.
23        Nothing  contained  in  this  Section shall act to in any
24    way, waive or modify the confidentiality of  medical  reports
25    and  committee  reports  to  the extent provided by law.  Any
26    information reported or  disclosed  shall  be  kept  for  the
27    confidential  use  of  the  Disciplinary  Board,  the Medical
28    Coordinators, the Disciplinary Board's attorneys, the medical
29    investigative  staff,  and  authorized  clerical  staff,   as
30    provided  in  this Act, and shall be afforded the same status
31    as is provided information concerning medical studies in Part
32    21 of Article VIII of the Code of Civil Procedure.
33        (C)  Immunity  from  prosecution.   Any   individual   or
34    organization  acting  in  good faith, and not in a wilful and
 
                            -29-     LRB093 10933 DRJ 11487 b
 1    wanton manner, in complying with this Act  by  providing  any
 2    report  or  other  information  to the Disciplinary Board, or
 3    assisting  in  the  investigation  or  preparation  of   such
 4    information,  or  by  participating  in  proceedings  of  the
 5    Disciplinary  Board,  or  by  serving  as  a  member  of  the
 6    Disciplinary  Board,  shall not, as a result of such actions,
 7    be subject to criminal prosecution or civil damages.
 8        (D)  Indemnification.  Members of the Disciplinary Board,
 9    the Medical Coordinators, the Disciplinary Board's attorneys,
10    the medical investigative staff,  physicians  retained  under
11    contract to assist and advise the medical coordinators in the
12    investigation,   and   authorized  clerical  staff  shall  be
13    indemnified by the State for any actions occurring within the
14    scope of services on the Disciplinary  Board,  done  in  good
15    faith  and  not  wilful  and  wanton in nature.  The Attorney
16    General shall defend  all  such  actions  unless  he  or  she
17    determines  either that there would be a conflict of interest
18    in such representation or that the actions complained of were
19    not in good faith or were wilful and wanton.
20        Should the Attorney General decline  representation,  the
21    member  shall  have the right to employ counsel of his or her
22    choice, whose fees shall be  provided  by  the  State,  after
23    approval   by   the  Attorney  General,  unless  there  is  a
24    determination by a court that the member's actions  were  not
25    in good faith or were wilful and wanton.
26        The member must notify the Attorney General within 7 days
27    of  receipt  of  notice  of  the  initiation  of  any  action
28    involving  services of the Disciplinary Board.  Failure to so
29    notify the Attorney  General  shall  constitute  an  absolute
30    waiver of the right to a defense and indemnification.
31        The  Attorney General shall determine within 7 days after
32    receiving such notice, whether he or she  will  undertake  to
33    represent the member.
34        (E)  Deliberations   of  Disciplinary  Board.   Upon  the
 
                            -30-     LRB093 10933 DRJ 11487 b
 1    receipt of any report called for  by  this  Act,  other  than
 2    those  reports  of  impaired  persons licensed under this Act
 3    required pursuant to the rules of the Disciplinary Board, the
 4    Disciplinary Board shall  notify  in  writing,  by  certified
 5    mail,  the  person  who  is  the subject of the report.  Such
 6    notification shall be made within 30 days of receipt  by  the
 7    Disciplinary Board of the report.
 8        The  notification  shall include a written notice setting
 9    forth the person's right to examine the report.  Included  in
10    such  notification  shall be the address at which the file is
11    maintained, the name of the custodian of the reports, and the
12    telephone number at which the custodian may be  reached.  The
13    person  who  is  the  subject  of  the  report shall submit a
14    written  statement  responding,  clarifying,  adding  to,  or
15    proposing the amending of the report previously  filed.   The
16    statement  shall become a permanent part of the file and must
17    be received by the Disciplinary Board no more  than  60  days
18    after  the  date  on  which  the  person  was notified by the
19    Disciplinary Board of the existence of the original report.
20        The Disciplinary Board shall review all reports  received
21    by   it,   together   with  any  supporting  information  and
22    responding  statements  submitted  by  persons  who  are  the
23    subject of reports.  The review  by  the  Disciplinary  Board
24    shall  be  in  a  timely  manner  but  in no event, shall the
25    Disciplinary Board's initial review of the material contained
26    in each disciplinary file be less than 61 days nor more  than
27    180  days  after  the  receipt  of  the initial report by the
28    Disciplinary Board.
29        When the Disciplinary Board makes its initial  review  of
30    the  materials  contained  within its disciplinary files, the
31    Disciplinary Board shall, in writing, make a determination as
32    to whether there are  sufficient  facts  to  warrant  further
33    investigation  or action.  Failure to make such determination
34    within  the  time  provided  shall  be   deemed   to   be   a
 
                            -31-     LRB093 10933 DRJ 11487 b
 1    determination  that there are not sufficient facts to warrant
 2    further investigation or action.
 3        Should the Disciplinary Board find  that  there  are  not
 4    sufficient facts to warrant further investigation, or action,
 5    the  report shall be accepted for filing and the matter shall
 6    be deemed closed  and  so  reported  to  the  Director.   The
 7    Director  shall  then  have  30  days  to  accept the Medical
 8    Disciplinary   Board's   decision    or    request    further
 9    investigation.   The  Director  shall  inform  the  Board  in
10    writing  of  the  decision  to request further investigation,
11    including  the  specific  reasons  for  the  decision.    The
12    individual  or entity filing the original report or complaint
13    and the person who is the subject of the report or  complaint
14    shall  be  notified  in  writing by the Director of any final
15    action on their report or complaint.
16        (F)  Summary  reports.   The  Disciplinary  Board   shall
17    prepare,  on  a  timely  basis, but in no event less than one
18    every other month, a summary report of  final  actions  taken
19    upon disciplinary files maintained by the Disciplinary Board.
20    The  summary  reports shall be sent by the Disciplinary Board
21    to every  health  care  facility  licensed  by  the  Illinois
22    Department  of  Public Health, every professional association
23    and society of persons licensed under this Act functioning on
24    a  statewide  basis  in  this  State,  the  American  Medical
25    Association,  the  American  Osteopathic   Association,   the
26    American  Chiropractic  Association,  all  insurers providing
27    professional liability insurance to  persons  licensed  under
28    this  Act  in  the State of Illinois, the Federation of State
29    Medical  Licensing  Boards,  and  the  Illinois   Pharmacists
30    Association.
31        (G)  Any  violation  of  this  Section shall be a Class A
32    misdemeanor.
33        (H)  If any such person violates the provisions  of  this
34    Section an action may be brought in the name of the People of
 
                            -32-     LRB093 10933 DRJ 11487 b
 1    the  State  of  Illinois, through the Attorney General of the
 2    State of Illinois, for an order enjoining such  violation  or
 3    for  an  order  enforcing  compliance with this Section. Upon
 4    filing of a verified petition in such court,  the  court  may
 5    issue  a  temporary  restraining order without notice or bond
 6    and may preliminarily or permanently enjoin  such  violation,
 7    and  if it is established that such person has violated or is
 8    violating the injunction, the court may punish  the  offender
 9    for  contempt  of  court.   Proceedings  under this paragraph
10    shall be in addition to,  and  not  in  lieu  of,  all  other
11    remedies and penalties provided for by this Section.
12    (Source:  P.A.  89-18,  eff.  6-1-95;  89-702,  eff.  7-1-97;
13    90-699, eff. 1-1-99.)

14        Section  99.   Effective  date.  This Act takes effect 90
15    days after becoming law.