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Public Act 103-0442 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Medical Practice Act of 1987 is amended by | ||||
changing Sections 9 and 22 as follows:
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(225 ILCS 60/9) (from Ch. 111, par. 4400-9)
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(Section scheduled to be repealed on January 1, 2027)
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Sec. 9. Application for license. Each applicant for a | ||||
license shall:
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(A) Make application on blank forms prepared and
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furnished by the Department.
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(B) Submit evidence satisfactory to the Department
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that the applicant:
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(1) is of good moral character. In determining | ||||
moral
character under this Section, the Department may | ||||
take into
consideration whether the applicant has | ||||
engaged in conduct
or activities which would | ||||
constitute grounds for discipline
under this Act. The | ||||
Department may also request the
applicant to submit, | ||||
and may consider as evidence of moral
character, | ||||
endorsements from 2 or 3 individuals licensed
under | ||||
this Act;
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(2) has the preliminary and professional education
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required by this Act;
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(3) (blank); and
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(4) is physically, mentally, and professionally | ||
capable
of practicing medicine with reasonable | ||
judgment, skill, and
safety. In determining physical | ||
and mental
capacity under this Section, the Medical | ||
Board
may, upon a showing of a possible incapacity or | ||
conduct or activities that would constitute grounds | ||
for discipline under this Act, compel any
applicant to | ||
submit to a mental or physical examination and | ||
evaluation, or
both, as provided for in Section 22 of | ||
this Act. The Medical Board may condition or restrict | ||
any
license, subject to the same terms and conditions | ||
as are
provided for the Medical Board under Section 22
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of this Act. Any such condition of a restricted | ||
license
shall provide that the Chief Medical | ||
Coordinator or Deputy
Medical Coordinator shall have | ||
the authority to review the
subject physician's | ||
compliance with such conditions or
restrictions, | ||
including, where appropriate, the physician's
record | ||
of treatment and counseling regarding the impairment,
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to the extent permitted by applicable federal statutes | ||
and
regulations safeguarding the confidentiality of | ||
medical
records of patients. The Medical Board, in | ||
determining mental capacity, shall consider the latest | ||
recommendations of the Federation of State Medical |
Boards.
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In determining professional capacity under this
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Section, an individual may be required to
complete such | ||
additional testing, training, or remedial
education as the | ||
Medical Board may deem necessary in order
to establish the | ||
applicant's present capacity to practice
medicine with | ||
reasonable judgment, skill, and safety. The Medical Board | ||
may consider the following criteria, as they relate to an | ||
applicant, as part of its determination of professional | ||
capacity:
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(1) Medical research in an established research | ||
facility, hospital, college or university, or private | ||
corporation. | ||
(2) Specialized training or education. | ||
(3) Publication of original work in learned, | ||
medical, or scientific journals. | ||
(4) Participation in federal, State, local, or | ||
international public health programs or organizations. | ||
(5) Professional service in a federal veterans or | ||
military institution. | ||
(6) Any other professional activities deemed to | ||
maintain and enhance the clinical capabilities of the | ||
applicant. | ||
Any applicant applying for a license to practice | ||
medicine in all of its branches or for a license as a | ||
chiropractic physician who has not been engaged in the |
active practice of medicine or has not been enrolled in a | ||
medical program for 2 years prior to application must | ||
submit proof of professional capacity to the Medical | ||
Board. | ||
Any applicant applying for a temporary license that | ||
has not been engaged in the active practice of medicine or | ||
has not been enrolled in a medical program for longer than | ||
5 years prior to application must submit proof of | ||
professional capacity to the Medical Board. | ||
(C) Designate specifically the name, location, and
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kind of professional school, college, or institution of
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which the applicant is a graduate and the category under
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which the applicant seeks, and will undertake, to | ||
practice.
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(D) Pay to the Department at the time of application
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the required fees.
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(E) Pursuant to Department rules, as required, pass an
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examination authorized by the Department to determine
the | ||
applicant's fitness to receive a license.
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(F) Complete the application process within 3 years | ||
from the date of
application. If the process has not been | ||
completed within 3 years, the
application shall expire, | ||
application fees shall be forfeited, and the
applicant
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must reapply and meet the requirements in effect at the | ||
time of
reapplication.
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(Source: P.A. 102-20, eff. 1-1-22 .)
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(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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(Section scheduled to be repealed on January 1, 2027)
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Sec. 22. Disciplinary action.
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(A) The Department may revoke, suspend, place on | ||
probation, reprimand, refuse to issue or renew, or take any | ||
other disciplinary or non-disciplinary action as the | ||
Department may deem proper
with regard to the license or | ||
permit of any person issued
under this Act, including imposing | ||
fines not to exceed $10,000 for each violation, upon any of the | ||
following grounds:
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(1) (Blank).
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(2) (Blank).
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(3) A plea of guilty or nolo contendere, finding of | ||
guilt, jury verdict, or entry of judgment or sentencing, | ||
including, but not limited to, convictions, preceding | ||
sentences of supervision, conditional discharge, or first | ||
offender probation, under the laws of any jurisdiction of | ||
the United States of any crime that is a felony.
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(4) Gross negligence in practice under this Act.
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(5) Engaging in dishonorable, unethical, or | ||
unprofessional
conduct of a
character likely to deceive, | ||
defraud, or harm the public.
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(6) Obtaining any fee by fraud, deceit, or
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misrepresentation.
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(7) Habitual or excessive use or abuse of drugs |
defined in law
as
controlled substances, of alcohol, or of | ||
any other substances which results in
the inability to | ||
practice with reasonable judgment, skill, or safety.
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(8) Practicing under a false or, except as provided by | ||
law, an
assumed
name.
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(9) Fraud or misrepresentation in applying for, or | ||
procuring, a
license
under this Act or in connection with | ||
applying for renewal of a license under
this Act.
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(10) Making a false or misleading statement regarding | ||
their
skill or the
efficacy or value of the medicine, | ||
treatment, or remedy prescribed by them at
their direction | ||
in the treatment of any disease or other condition of the | ||
body
or mind.
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(11) Allowing another person or organization to use | ||
their
license, procured
under this Act, to practice.
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(12) Adverse action taken by another state or | ||
jurisdiction
against a license
or other authorization to | ||
practice as a medical doctor, doctor of osteopathy,
doctor | ||
of osteopathic medicine, or
doctor of chiropractic, a | ||
certified copy of the record of the action taken by
the | ||
other state or jurisdiction being prima facie evidence | ||
thereof. This includes any adverse action taken by a State | ||
or federal agency that prohibits a medical doctor, doctor | ||
of osteopathy, doctor of osteopathic medicine, or doctor | ||
of chiropractic from providing services to the agency's | ||
participants.
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(13) Violation of any provision of this Act or of the | ||
Medical
Practice Act
prior to the repeal of that Act, or | ||
violation of the rules, or a final
administrative action | ||
of the Secretary, after consideration of the
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recommendation of the Medical Board.
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(14) Violation of the prohibition against fee | ||
splitting in Section 22.2 of this Act.
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(15) A finding by the Medical Board that the
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registrant after
having his or her license placed on | ||
probationary status or subjected to
conditions or | ||
restrictions violated the terms of the probation or failed | ||
to
comply with such terms or conditions.
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(16) Abandonment of a patient.
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(17) Prescribing, selling, administering, | ||
distributing, giving,
or
self-administering any drug | ||
classified as a controlled substance (designated
product) | ||
or narcotic for other than medically accepted therapeutic
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purposes.
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(18) Promotion of the sale of drugs, devices, | ||
appliances, or
goods provided
for a patient in such manner | ||
as to exploit the patient for financial gain of
the | ||
physician.
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(19) Offering, undertaking, or agreeing to cure or | ||
treat
disease by a secret
method, procedure, treatment, or | ||
medicine, or the treating, operating, or
prescribing for | ||
any human condition by a method, means, or procedure which |
the
licensee refuses to divulge upon demand of the | ||
Department.
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(20) Immoral conduct in the commission of any act | ||
including,
but not limited to, commission of an act of | ||
sexual misconduct related to the
licensee's
practice.
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(21) Willfully making or filing false records or | ||
reports in his
or her
practice as a physician, including, | ||
but not limited to, false records to
support claims | ||
against the medical assistance program of the Department | ||
of Healthcare and Family Services (formerly Department of
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Public Aid)
under the Illinois Public Aid Code.
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(22) Willful omission to file or record, or willfully | ||
impeding
the filing or
recording, or inducing another | ||
person to omit to file or record, medical
reports as | ||
required by law, or willfully failing to report an | ||
instance of
suspected abuse or neglect as required by law.
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(23) Being named as a perpetrator in an indicated | ||
report by
the Department
of Children and Family Services | ||
under the Abused and Neglected Child Reporting
Act, and | ||
upon proof by clear and convincing evidence that the | ||
licensee has
caused a child to be an abused child or | ||
neglected child as defined in the
Abused and Neglected | ||
Child Reporting Act.
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(24) Solicitation of professional patronage by any
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corporation, agents, or
persons, or profiting from those | ||
representing themselves to be agents of the
licensee.
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(25) Gross and willful and continued overcharging for
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professional services,
including filing false statements | ||
for collection of fees for which services are
not | ||
rendered, including, but not limited to, filing such false | ||
statements for
collection of monies for services not | ||
rendered from the medical assistance
program of the | ||
Department of Healthcare and Family Services (formerly | ||
Department of Public Aid)
under the Illinois Public Aid
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Code.
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(26) A pattern of practice or other behavior which
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demonstrates
incapacity
or incompetence to practice under | ||
this Act.
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(27) Mental illness or disability which results in the
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inability to
practice under this Act with reasonable | ||
judgment, skill, or safety.
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(28) Physical illness, including, but not limited to,
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deterioration through
the aging process, or loss of motor | ||
skill which results in a physician's
inability to practice | ||
under this Act with reasonable judgment, skill, or
safety.
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(29) Cheating on or attempting to subvert the | ||
licensing
examinations
administered under this Act.
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(30) Willfully or negligently violating the | ||
confidentiality
between
physician and patient except as | ||
required by law.
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(31) The use of any false, fraudulent, or deceptive | ||
statement
in any
document connected with practice under |
this Act.
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(32) Aiding and abetting an individual not licensed | ||
under this
Act in the
practice of a profession licensed | ||
under this Act.
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(33) Violating State or federal laws or regulations | ||
relating
to controlled
substances, legend
drugs, or | ||
ephedra as defined in the Ephedra Prohibition Act.
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(34) Failure to report to the Department any adverse | ||
final
action taken
against them by another licensing | ||
jurisdiction (any other state or any
territory of the | ||
United States or any foreign state or country), by any | ||
peer
review body, by any health care institution, by any | ||
professional society or
association related to practice | ||
under this Act, by any governmental agency, by
any law | ||
enforcement agency, or by any court for acts or conduct | ||
similar to acts
or conduct which would constitute grounds | ||
for action as defined in this
Section.
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(35) Failure to report to the Department surrender of | ||
a
license or
authorization to practice as a medical | ||
doctor, a doctor of osteopathy, a
doctor of osteopathic | ||
medicine, or doctor
of chiropractic in another state or | ||
jurisdiction, or surrender of membership on
any medical | ||
staff or in any medical or professional association or | ||
society,
while under disciplinary investigation by any of | ||
those authorities or bodies,
for acts or conduct similar | ||
to acts or conduct which would constitute grounds
for |
action as defined in this Section.
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(36) Failure to report to the Department any adverse | ||
judgment,
settlement,
or award arising from a liability | ||
claim related to acts or conduct similar to
acts or | ||
conduct which would constitute grounds for action as | ||
defined in this
Section.
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(37) Failure to provide copies of medical records as | ||
required
by law.
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(38) Failure to furnish the Department, its | ||
investigators or
representatives, relevant information, | ||
legally requested by the Department
after consultation | ||
with the Chief Medical Coordinator or the Deputy Medical
| ||
Coordinator.
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(39) Violating the Health Care Worker Self-Referral
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Act.
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(40) (Blank).
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(41) Failure to establish and maintain records of | ||
patient care and
treatment as required by this law.
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(42) Entering into an excessive number of written | ||
collaborative
agreements with licensed advanced practice | ||
registered nurses resulting in an inability to
adequately | ||
collaborate.
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(43) Repeated failure to adequately collaborate with a | ||
licensed advanced practice registered nurse. | ||
(44) Violating the Compassionate Use of Medical | ||
Cannabis Program Act.
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(45) Entering into an excessive number of written | ||
collaborative agreements with licensed prescribing | ||
psychologists resulting in an inability to adequately | ||
collaborate. | ||
(46) Repeated failure to adequately collaborate with a | ||
licensed prescribing psychologist. | ||
(47) Willfully failing to report an instance of | ||
suspected abuse, neglect, financial exploitation, or | ||
self-neglect of an eligible adult as defined in and | ||
required by the Adult Protective Services Act. | ||
(48) Being named as an abuser in a verified report by | ||
the Department on Aging under the Adult Protective | ||
Services Act, and upon proof by clear and convincing | ||
evidence that the licensee abused, neglected, or | ||
financially exploited an eligible adult as defined in the | ||
Adult Protective Services Act. | ||
(49) Entering into an excessive number of written | ||
collaborative agreements with licensed physician | ||
assistants resulting in an inability to adequately | ||
collaborate. | ||
(50) Repeated failure to adequately collaborate with a | ||
physician assistant. | ||
Except
for actions involving the ground numbered (26), all | ||
proceedings to suspend,
revoke, place on probationary status, | ||
or take any
other disciplinary action as the Department may | ||
deem proper, with regard to a
license on any of the foregoing |
grounds, must be commenced within 5 years next
after receipt | ||
by the Department of a complaint alleging the commission of or
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notice of the conviction order for any of the acts described | ||
herein. Except
for the grounds numbered (8), (9), (26), and | ||
(29), no action shall be commenced more
than 10 years after the | ||
date of the incident or act alleged to have violated
this | ||
Section. For actions involving the ground numbered (26), a | ||
pattern of practice or other behavior includes all incidents | ||
alleged to be part of the pattern of practice or other behavior | ||
that occurred, or a report pursuant to Section 23 of this Act | ||
received, within the 10-year period preceding the filing of | ||
the complaint. In the event of the settlement of any claim or | ||
cause of action
in favor of the claimant or the reduction to | ||
final judgment of any civil action
in favor of the plaintiff, | ||
such claim, cause of action, or civil action being
grounded on | ||
the allegation that a person licensed under this Act was | ||
negligent
in providing care, the Department shall have an | ||
additional period of 2 years
from the date of notification to | ||
the Department under Section 23 of this Act
of such settlement | ||
or final judgment in which to investigate and
commence formal | ||
disciplinary proceedings under Section 36 of this Act, except
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as otherwise provided by law. The time during which the holder | ||
of the license
was outside the State of Illinois shall not be | ||
included within any period of
time limiting the commencement | ||
of disciplinary action by the Department.
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The entry of an order or judgment by any circuit court |
establishing that any
person holding a license under this Act | ||
is a person in need of mental treatment
operates as a | ||
suspension of that license. That person may resume his or her
| ||
practice only upon the entry of a Departmental order based | ||
upon a finding by
the Medical Board that the person has been | ||
determined to be recovered
from mental illness by the court | ||
and upon the Medical Board's
recommendation that the person be | ||
permitted to resume his or her practice.
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The Department may refuse to issue or take disciplinary | ||
action concerning the license of any person
who fails to file a | ||
return, or to pay the tax, penalty, or interest shown in a
| ||
filed return, or to pay any final assessment of tax, penalty, | ||
or interest, as
required by any tax Act administered by the | ||
Illinois Department of Revenue,
until such time as the | ||
requirements of any such tax Act are satisfied as
determined | ||
by the Illinois Department of Revenue.
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The Department, upon the recommendation of the Medical | ||
Board, shall
adopt rules which set forth standards to be used | ||
in determining:
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(a) when a person will be deemed sufficiently | ||
rehabilitated to warrant the
public trust;
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(b) what constitutes dishonorable, unethical, or | ||
unprofessional conduct of
a character likely to deceive, | ||
defraud, or harm the public;
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(c) what constitutes immoral conduct in the commission | ||
of any act,
including, but not limited to, commission of |
an act of sexual misconduct
related
to the licensee's | ||
practice; and
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(d) what constitutes gross negligence in the practice | ||
of medicine.
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However, no such rule shall be admissible into evidence in | ||
any civil action
except for review of a licensing or other | ||
disciplinary action under this Act.
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In enforcing this Section, the Medical Board,
upon a | ||
showing of a possible violation, may compel any individual who | ||
is licensed to
practice under this Act or holds a permit to | ||
practice under this Act, or any individual who has applied for | ||
licensure or a permit
pursuant to this Act, to submit to a | ||
mental or physical examination and evaluation, or both,
which | ||
may include a substance abuse or sexual offender evaluation, | ||
as required by the Medical Board and at the expense of the | ||
Department. The Medical Board shall specifically designate the | ||
examining physician licensed to practice medicine in all of | ||
its branches or, if applicable, the multidisciplinary team | ||
involved in providing the mental or physical examination and | ||
evaluation, or both. The multidisciplinary team shall be led | ||
by a physician licensed to practice medicine in all of its | ||
branches and may consist of one or more or a combination of | ||
physicians licensed to practice medicine in all of its | ||
branches, licensed chiropractic physicians, licensed clinical | ||
psychologists, licensed clinical social workers, licensed | ||
clinical professional counselors, and other professional and |
administrative staff. Any examining physician or member of the | ||
multidisciplinary team may require any person ordered to | ||
submit to an examination and evaluation pursuant to this | ||
Section to submit to any additional supplemental testing | ||
deemed necessary to complete any examination or evaluation | ||
process, including, but not limited to, blood testing, | ||
urinalysis, psychological testing, or neuropsychological | ||
testing.
The Medical Board or the Department may order the | ||
examining
physician or any member of the multidisciplinary | ||
team to provide to the Department or the Medical Board any and | ||
all records, including business records, that relate to the | ||
examination and evaluation, including any supplemental testing | ||
performed. The Medical Board or the Department may order the | ||
examining physician or any member of the multidisciplinary | ||
team to present testimony concerning this examination
and | ||
evaluation of the licensee, permit holder, or applicant, | ||
including testimony concerning any supplemental testing or | ||
documents relating to the examination and evaluation. No | ||
information, report, record, or other documents in any way | ||
related to the examination and evaluation shall be excluded by | ||
reason of
any common
law or statutory privilege relating to | ||
communication between the licensee, permit holder, or
| ||
applicant and
the examining physician or any member of the | ||
multidisciplinary team.
No authorization is necessary from the | ||
licensee, permit holder, or applicant ordered to undergo an | ||
evaluation and examination for the examining physician or any |
member of the multidisciplinary team to provide information, | ||
reports, records, or other documents or to provide any | ||
testimony regarding the examination and evaluation. The | ||
individual to be examined may have, at his or her own expense, | ||
another
physician of his or her choice present during all | ||
aspects of the examination.
Failure of any individual to | ||
submit to mental or physical examination and evaluation, or | ||
both, when
directed, shall result in an automatic suspension, | ||
without hearing, until such time
as the individual submits to | ||
the examination. If the Medical Board finds a physician unable
| ||
to practice following an examination and evaluation because of | ||
the reasons set forth in this Section, the Medical Board shall | ||
require such physician to submit to care, counseling, or | ||
treatment
by physicians, or other health care professionals, | ||
approved or designated by the Medical Board, as a condition
| ||
for issued, continued, reinstated, or renewed licensure to | ||
practice. Any physician,
whose license was granted pursuant to | ||
Section 9, 17, or 19 of this Act, or,
continued, reinstated, | ||
renewed, disciplined, or supervised, subject to such
terms, | ||
conditions, or restrictions who shall fail to comply with such | ||
terms,
conditions, or restrictions, or to complete a required | ||
program of care,
counseling, or treatment, as determined by | ||
the Chief Medical Coordinator or
Deputy Medical Coordinators, | ||
shall be referred to the Secretary for a
determination as to | ||
whether the licensee shall have his or her license suspended
| ||
immediately, pending a hearing by the Medical Board. In |
instances in
which the Secretary immediately suspends a | ||
license under this Section, a hearing
upon such person's | ||
license must be convened by the Medical Board within 15
days | ||
after such suspension and completed without appreciable delay. | ||
The Medical
Board shall have the authority to review the | ||
subject physician's
record of treatment and counseling | ||
regarding the impairment, to the extent
permitted by | ||
applicable federal statutes and regulations safeguarding the
| ||
confidentiality of medical records.
| ||
An individual licensed under this Act, affected under this | ||
Section, shall be
afforded an opportunity to demonstrate to | ||
the Medical Board that he or she can
resume practice in | ||
compliance with acceptable and prevailing standards under
the | ||
provisions of his or her license. | ||
The Medical Board, in determining mental capacity of an | ||
individual licensed under this Act, shall consider the latest | ||
recommendations of the Federation of State Medical Boards.
| ||
The Department may promulgate rules for the imposition of | ||
fines in
disciplinary cases, not to exceed
$10,000 for each | ||
violation of this Act. Fines
may be imposed in conjunction | ||
with other forms of disciplinary action, but
shall not be the | ||
exclusive disposition of any disciplinary action arising out
| ||
of conduct resulting in death or injury to a patient. Any funds | ||
collected from
such fines shall be deposited in the Illinois | ||
State Medical Disciplinary Fund.
| ||
All fines imposed under this Section shall be paid within |
60 days after the effective date of the order imposing the fine | ||
or in accordance with the terms set forth in the order imposing | ||
the fine. | ||
(B) The Department shall revoke the license or
permit | ||
issued under this Act to practice medicine or a chiropractic | ||
physician who
has been convicted a second time of committing | ||
any felony under the
Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act, or who | ||
has been convicted a second time of
committing a Class 1 felony | ||
under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||
person whose license or permit is revoked
under
this | ||
subsection B shall be prohibited from practicing
medicine or | ||
treating human ailments without the use of drugs and without
| ||
operative surgery.
| ||
(C) The Department shall not revoke, suspend, place on | ||
probation, reprimand, refuse to issue or renew, or take any | ||
other disciplinary or non-disciplinary action against the | ||
license or permit issued under this Act to practice medicine | ||
to a physician: | ||
(1) based solely upon the recommendation of the | ||
physician to an eligible patient regarding, or | ||
prescription for, or treatment with, an investigational | ||
drug, biological product, or device; | ||
(2) for experimental treatment for Lyme disease or | ||
other tick-borne diseases, including, but not limited to, | ||
the prescription of or treatment with long-term |
antibiotics; | ||
(3) based solely upon the physician providing, | ||
authorizing, recommending, aiding, assisting, referring | ||
for, or otherwise participating in any health care | ||
service, so long as the care was not unlawful under the | ||
laws of this State, regardless of whether the patient was | ||
a resident of this State or another state; or | ||
(4) based upon the physician's license being revoked | ||
or suspended, or the physician being otherwise disciplined | ||
by any other state, if that revocation, suspension, or | ||
other form of discipline was based solely on the physician | ||
violating another state's laws prohibiting the provision | ||
of, authorization of, recommendation of, aiding or | ||
assisting in, referring for, or participation in any | ||
health care service if that health care service as | ||
provided would not have been unlawful under the laws of | ||
this State and is consistent with the standards of conduct | ||
for the physician if it occurred in Illinois. | ||
(D) (Blank).
| ||
(E) The conduct specified in subsection (C) shall not | ||
trigger reporting requirements under Section 23, constitute | ||
grounds for suspension under Section 25, or be included on the | ||
physician's profile required under Section 10 of the Patients' | ||
Right to Know Act. | ||
(F) An applicant seeking licensure, certification, or | ||
authorization pursuant to this Act and who has been subject to |
disciplinary action by a duly authorized professional | ||
disciplinary agency of another jurisdiction solely on the | ||
basis of having provided, authorized, recommended, aided, | ||
assisted, referred for, or otherwise participated in health | ||
care shall not be denied such licensure, certification, or | ||
authorization, unless the Department determines that the | ||
action would have constituted professional misconduct in this | ||
State; however, nothing in this Section shall be construed as | ||
prohibiting the Department from evaluating the conduct of the | ||
applicant and making a determination regarding the licensure, | ||
certification, or authorization to practice a profession under | ||
this Act. | ||
(G) The Department may adopt rules to implement the | ||
changes made by this amendatory Act of the 102nd General | ||
Assembly. | ||
(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; | ||
101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff. | ||
8-20-21; 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23.)
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