95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5792

 

Introduced , by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 60/22   from Ch. 111, par. 4400-22

    Amends the Medical Practice Act of 1987. Makes a technical change in a Section concerning disciplinary action.


LRB095 15657 RAS 41661 b

 

 

A BILL FOR

 

HB5792 LRB095 15657 RAS 41661 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Medical Practice Act of 1987 is amended by
5 changing Section 22 as follows:
 
6     (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
7     (Section scheduled to be repealed on December 31, 2008)
8     Sec. 22. Disciplinary action.
9     (A) The The Department may revoke, suspend, place on
10 probationary status, refuse to renew, or take any other
11 disciplinary action as the Department may deem proper with
12 regard to the license or visiting professor permit of any
13 person issued under this Act to practice medicine, or to treat
14 human ailments without the use of drugs and without operative
15 surgery upon any of the following grounds:
16         (1) Performance of an elective abortion in any place,
17     locale, facility, or institution other than:
18             (a) a facility licensed pursuant to the Ambulatory
19         Surgical Treatment Center Act;
20             (b) an institution licensed under the Hospital
21         Licensing Act; or
22             (c) an ambulatory surgical treatment center or
23         hospitalization or care facility maintained by the

 

 

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1         State or any agency thereof, where such department or
2         agency has authority under law to establish and enforce
3         standards for the ambulatory surgical treatment
4         centers, hospitalization, or care facilities under its
5         management and control; or
6             (d) ambulatory surgical treatment centers,
7         hospitalization or care facilities maintained by the
8         Federal Government; or
9             (e) ambulatory surgical treatment centers,
10         hospitalization or care facilities maintained by any
11         university or college established under the laws of
12         this State and supported principally by public funds
13         raised by taxation.
14         (2) Performance of an abortion procedure in a wilful
15     and wanton manner on a woman who was not pregnant at the
16     time the abortion procedure was performed.
17         (3) The conviction of a felony in this or any other
18     jurisdiction, except as otherwise provided in subsection B
19     of this Section, whether or not related to practice under
20     this Act, or the entry of a guilty or nolo contendere plea
21     to a felony charge.
22         (4) Gross negligence in practice under this Act.
23         (5) Engaging in dishonorable, unethical or
24     unprofessional conduct of a character likely to deceive,
25     defraud or harm the public.
26         (6) Obtaining any fee by fraud, deceit, or

 

 

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1     misrepresentation.
2         (7) Habitual or excessive use or abuse of drugs defined
3     in law as controlled substances, of alcohol, or of any
4     other substances which results in the inability to practice
5     with reasonable judgment, skill or safety.
6         (8) Practicing under a false or, except as provided by
7     law, an assumed name.
8         (9) Fraud or misrepresentation in applying for, or
9     procuring, a license under this Act or in connection with
10     applying for renewal of a license under this Act.
11         (10) Making a false or misleading statement regarding
12     their skill or the efficacy or value of the medicine,
13     treatment, or remedy prescribed by them at their direction
14     in the treatment of any disease or other condition of the
15     body or mind.
16         (11) Allowing another person or organization to use
17     their license, procured under this Act, to practice.
18         (12) Disciplinary action of another state or
19     jurisdiction against a license or other authorization to
20     practice as a medical doctor, doctor of osteopathy, doctor
21     of osteopathic medicine or doctor of chiropractic, a
22     certified copy of the record of the action taken by the
23     other state or jurisdiction being prima facie evidence
24     thereof.
25         (13) Violation of any provision of this Act or of the
26     Medical Practice Act prior to the repeal of that Act, or

 

 

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1     violation of the rules, or a final administrative action of
2     the Secretary, after consideration of the recommendation
3     of the Disciplinary Board.
4         (14) Dividing with anyone other than physicians with
5     whom the licensee practices in a partnership, Professional
6     Association, limited liability company, or Medical or
7     Professional Corporation any fee, commission, rebate or
8     other form of compensation for any professional services
9     not actually and personally rendered. Nothing contained in
10     this subsection prohibits persons holding valid and
11     current licenses under this Act from practicing medicine in
12     partnership under a partnership agreement, including a
13     limited liability partnership, in a limited liability
14     company under the Limited Liability Company Act, in a
15     corporation authorized by the Medical Corporation Act, as
16     an association authorized by the Professional Association
17     Act, or in a corporation under the Professional Corporation
18     Act or from pooling, sharing, dividing or apportioning the
19     fees and monies received by them or by the partnership,
20     corporation or association in accordance with the
21     partnership agreement or the policies of the Board of
22     Directors of the corporation or association. Nothing
23     contained in this subsection prohibits 2 or more
24     corporations authorized by the Medical Corporation Act,
25     from forming a partnership or joint venture of such
26     corporations, and providing medical, surgical and

 

 

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1     scientific research and knowledge by employees of these
2     corporations if such employees are licensed under this Act,
3     or from pooling, sharing, dividing, or apportioning the
4     fees and monies received by the partnership or joint
5     venture in accordance with the partnership or joint venture
6     agreement. Nothing contained in this subsection shall
7     abrogate the right of 2 or more persons, holding valid and
8     current licenses under this Act, to each receive adequate
9     compensation for concurrently rendering professional
10     services to a patient and divide a fee; provided, the
11     patient has full knowledge of the division, and, provided,
12     that the division is made in proportion to the services
13     performed and responsibility assumed by each.
14         (15) A finding by the Medical Disciplinary Board that
15     the registrant after having his or her license placed on
16     probationary status or subjected to conditions or
17     restrictions violated the terms of the probation or failed
18     to comply with such terms or conditions.
19         (16) Abandonment of a patient.
20         (17) Prescribing, selling, administering,
21     distributing, giving or self-administering any drug
22     classified as a controlled substance (designated product)
23     or narcotic for other than medically accepted therapeutic
24     purposes.
25         (18) Promotion of the sale of drugs, devices,
26     appliances or goods provided for a patient in such manner

 

 

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1     as to exploit the patient for financial gain of the
2     physician.
3         (19) Offering, undertaking or agreeing to cure or treat
4     disease by a secret method, procedure, treatment or
5     medicine, or the treating, operating or prescribing for any
6     human condition by a method, means or procedure which the
7     licensee refuses to divulge upon demand of the Department.
8         (20) Immoral conduct in the commission of any act
9     including, but not limited to, commission of an act of
10     sexual misconduct related to the licensee's practice.
11         (21) Wilfully making or filing false records or reports
12     in his or her practice as a physician, including, but not
13     limited to, false records to support claims against the
14     medical assistance program of the Department of Healthcare
15     and Family Services (formerly Department of Public Aid)
16     under the Illinois Public Aid Code.
17         (22) Wilful omission to file or record, or wilfully
18     impeding the filing or recording, or inducing another
19     person to omit to file or record, medical reports as
20     required by law, or wilfully failing to report an instance
21     of suspected abuse or neglect as required by law.
22         (23) Being named as a perpetrator in an indicated
23     report by the Department of Children and Family Services
24     under the Abused and Neglected Child Reporting Act, and
25     upon proof by clear and convincing evidence that the
26     licensee has caused a child to be an abused child or

 

 

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1     neglected child as defined in the Abused and Neglected
2     Child Reporting Act.
3         (24) Solicitation of professional patronage by any
4     corporation, agents or persons, or profiting from those
5     representing themselves to be agents of the licensee.
6         (25) Gross and wilful and continued overcharging for
7     professional services, including filing false statements
8     for collection of fees for which services are not rendered,
9     including, but not limited to, filing such false statements
10     for collection of monies for services not rendered from the
11     medical assistance program of the Department of Healthcare
12     and Family Services (formerly Department of Public Aid)
13     under the Illinois Public Aid Code.
14         (26) A pattern of practice or other behavior which
15     demonstrates incapacity or incompetence to practice under
16     this Act.
17         (27) Mental illness or disability which results in the
18     inability to practice under this Act with reasonable
19     judgment, skill or safety.
20         (28) Physical illness, including, but not limited to,
21     deterioration through the aging process, or loss of motor
22     skill which results in a physician's inability to practice
23     under this Act with reasonable judgment, skill or safety.
24         (29) Cheating on or attempt to subvert the licensing
25     examinations administered under this Act.
26         (30) Wilfully or negligently violating the

 

 

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1     confidentiality between physician and patient except as
2     required by law.
3         (31) The use of any false, fraudulent, or deceptive
4     statement in any document connected with practice under
5     this Act.
6         (32) Aiding and abetting an individual not licensed
7     under this Act in the practice of a profession licensed
8     under this Act.
9         (33) Violating state or federal laws or regulations
10     relating to controlled substances, legend drugs, or
11     ephedra, as defined in the Ephedra Prohibition Act.
12         (34) Failure to report to the Department any adverse
13     final action taken against them by another licensing
14     jurisdiction (any other state or any territory of the
15     United States or any foreign state or country), by any peer
16     review body, by any health care institution, by any
17     professional society or association related to practice
18     under this Act, by any governmental agency, by any law
19     enforcement agency, or by any court for acts or conduct
20     similar to acts or conduct which would constitute grounds
21     for action as defined in this Section.
22         (35) Failure to report to the Department surrender of a
23     license or authorization to practice as a medical doctor, a
24     doctor of osteopathy, a doctor of osteopathic medicine, or
25     doctor of chiropractic in another state or jurisdiction, or
26     surrender of membership on any medical staff or in any

 

 

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1     medical or professional association or society, while
2     under disciplinary investigation by any of those
3     authorities or bodies, for acts or conduct similar to acts
4     or conduct which would constitute grounds for action as
5     defined in this Section.
6         (36) Failure to report to the Department any adverse
7     judgment, settlement, or award arising from a liability
8     claim related to acts or conduct similar to acts or conduct
9     which would constitute grounds for action as defined in
10     this Section.
11         (37) Failure to transfer copies of medical records as
12     required by law.
13         (38) Failure to furnish the Department, its
14     investigators or representatives, relevant information,
15     legally requested by the Department after consultation
16     with the Chief Medical Coordinator or the Deputy Medical
17     Coordinator.
18         (39) Violating the Health Care Worker Self-Referral
19     Act.
20         (40) Willful failure to provide notice when notice is
21     required under the Parental Notice of Abortion Act of 1995.
22         (41) Failure to establish and maintain records of
23     patient care and treatment as required by this law.
24         (42) Entering into an excessive number of written
25     collaborative agreements with licensed advanced practice
26     nurses resulting in an inability to adequately collaborate

 

 

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1     and provide medical direction.
2         (43) Repeated failure to adequately collaborate with
3     or provide medical direction to a licensed advanced
4     practice nurse.
5     Except for actions involving the ground numbered (26), all
6 proceedings to suspend, revoke, place on probationary status,
7 or take any other disciplinary action as the Department may
8 deem proper, with regard to a license on any of the foregoing
9 grounds, must be commenced within 5 years next after receipt by
10 the Department of a complaint alleging the commission of or
11 notice of the conviction order for any of the acts described
12 herein. Except for the grounds numbered (8), (9), (26), and
13 (29), no action shall be commenced more than 10 years after the
14 date of the incident or act alleged to have violated this
15 Section. For actions involving the ground numbered (26), a
16 pattern of practice or other behavior includes all incidents
17 alleged to be part of the pattern of practice or other behavior
18 that occurred or a report pursuant to Section 23 of this Act
19 received within the 10-year period preceding the filing of the
20 complaint. In the event of the settlement of any claim or cause
21 of action in favor of the claimant or the reduction to final
22 judgment of any civil action in favor of the plaintiff, such
23 claim, cause of action or civil action being grounded on the
24 allegation that a person licensed under this Act was negligent
25 in providing care, the Department shall have an additional
26 period of 2 years from the date of notification to the

 

 

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1 Department under Section 23 of this Act of such settlement or
2 final judgment in which to investigate and commence formal
3 disciplinary proceedings under Section 36 of this Act, except
4 as otherwise provided by law. The time during which the holder
5 of the license was outside the State of Illinois shall not be
6 included within any period of time limiting the commencement of
7 disciplinary action by the Department.
8     The entry of an order or judgment by any circuit court
9 establishing that any person holding a license under this Act
10 is a person in need of mental treatment operates as a
11 suspension of that license. That person may resume their
12 practice only upon the entry of a Departmental order based upon
13 a finding by the Medical Disciplinary Board that they have been
14 determined to be recovered from mental illness by the court and
15 upon the Disciplinary Board's recommendation that they be
16 permitted to resume their practice.
17     The Department may refuse to issue or take disciplinary
18 action concerning the license of any person who fails to file a
19 return, or to pay the tax, penalty or interest shown in a filed
20 return, or to pay any final assessment of tax, penalty or
21 interest, as required by any tax Act administered by the
22 Illinois Department of Revenue, until such time as the
23 requirements of any such tax Act are satisfied as determined by
24 the Illinois Department of Revenue.
25     The Department, upon the recommendation of the
26 Disciplinary Board, shall adopt rules which set forth standards

 

 

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1 to be used in determining:
2         (a) when a person will be deemed sufficiently
3     rehabilitated to warrant the public trust;
4         (b) what constitutes dishonorable, unethical or
5     unprofessional conduct of a character likely to deceive,
6     defraud, or harm the public;
7         (c) what constitutes immoral conduct in the commission
8     of any act, including, but not limited to, commission of an
9     act of sexual misconduct related to the licensee's
10     practice; and
11         (d) what constitutes gross negligence in the practice
12     of medicine.
13     However, no such rule shall be admissible into evidence in
14 any civil action except for review of a licensing or other
15 disciplinary action under this Act.
16     In enforcing this Section, the Medical Disciplinary Board,
17 upon a showing of a possible violation, may compel any
18 individual licensed to practice under this Act, or who has
19 applied for licensure or a permit pursuant to this Act, to
20 submit to a mental or physical examination, or both, as
21 required by and at the expense of the Department. The examining
22 physician or physicians shall be those specifically designated
23 by the Disciplinary Board. The Medical Disciplinary Board or
24 the Department may order the examining physician to present
25 testimony concerning this mental or physical examination of the
26 licensee or applicant. No information shall be excluded by

 

 

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1 reason of any common law or statutory privilege relating to
2 communication between the licensee or applicant and the
3 examining physician. The individual to be examined may have, at
4 his or her own expense, another physician of his or her choice
5 present during all aspects of the examination. Failure of any
6 individual to submit to mental or physical examination, when
7 directed, shall be grounds for suspension of his or her license
8 until such time as the individual submits to the examination if
9 the Disciplinary Board finds, after notice and hearing, that
10 the refusal to submit to the examination was without reasonable
11 cause. If the Disciplinary Board finds a physician unable to
12 practice because of the reasons set forth in this Section, the
13 Disciplinary Board shall require such physician to submit to
14 care, counseling, or treatment by physicians approved or
15 designated by the Disciplinary Board, as a condition for
16 continued, reinstated, or renewed licensure to practice. Any
17 physician, whose license was granted pursuant to Sections 9,
18 17, or 19 of this Act, or, continued, reinstated, renewed,
19 disciplined or supervised, subject to such terms, conditions or
20 restrictions who shall fail to comply with such terms,
21 conditions or restrictions, or to complete a required program
22 of care, counseling, or treatment, as determined by the Chief
23 Medical Coordinator or Deputy Medical Coordinators, shall be
24 referred to the Secretary for a determination as to whether the
25 licensee shall have their license suspended immediately,
26 pending a hearing by the Disciplinary Board. In instances in

 

 

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

 

 

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1 committing any felony under the Illinois Controlled Substances
2 Act or the Methamphetamine Control and Community Protection
3 Act, or who has been convicted a second time of committing a
4 Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
5 Public Aid Code. A person whose license or visiting permit is
6 revoked under this subsection B of Section 22 of this Act shall
7 be prohibited from practicing medicine or treating human
8 ailments without the use of drugs and without operative
9 surgery.
10     (C) The Medical Disciplinary Board shall recommend to the
11 Department civil penalties and any other appropriate
12 discipline in disciplinary cases when the Board finds that a
13 physician willfully performed an abortion with actual
14 knowledge that the person upon whom the abortion has been
15 performed is a minor or an incompetent person without notice as
16 required under the Parental Notice of Abortion Act of 1995.
17 Upon the Board's recommendation, the Department shall impose,
18 for the first violation, a civil penalty of $1,000 and for a
19 second or subsequent violation, a civil penalty of $5,000.
20 (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05;
21 95-331, eff. 8-21-07.)