Full Text of SB1594 101st General Assembly
SB1594 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1594 Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/3-4006 | from Ch. 34, par. 3-4006 | 225 ILCS 60/22 | from Ch. 111, par. 4400-22 | 225 ILCS 60/23 | from Ch. 111, par. 4400-23 | 410 ILCS 210/1.5 | | 750 ILCS 70/Act rep. | |
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Repeals the Parental Notice of Abortion Act of 1995. Makes corresponding changes in the Counties Code, the Medical Practice Act of 1987, and the Consent by Minors to Medical Procedures Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 3-4006 as follows:
| 6 | | (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
| 7 | | Sec. 3-4006. Duties of public defender. The Public | 8 | | Defender, as
directed by the court, shall act as attorney, | 9 | | without fee, before any court
within any county for all persons | 10 | | who are held in custody or who are
charged with the commission | 11 | | of any criminal offense, and who the court
finds are unable to | 12 | | employ counsel.
| 13 | | The Public Defender shall be the attorney, without fee, | 14 | | when so appointed
by the court under Section 1-20 of the | 15 | | Juvenile Court Act or Section 1-5 of
the Juvenile Court Act of | 16 | | 1987 or by any court under Section 5(b) of the
Parental Notice | 17 | | of Abortion Act of 1983 for any party who the court finds
is | 18 | | financially unable to employ counsel.
| 19 | | In cases subject to Section 5-170 of the Juvenile Court Act | 20 | | of 1987 involving a minor who was under 15 years of age at the | 21 | | time of the commission of the offense, that occurs in a county | 22 | | with a full-time public defender office, a public defender, | 23 | | without fee or appointment, may represent and have access to a |
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| 1 | | minor during a custodial interrogation. In cases subject to | 2 | | Section 5-170 of the Juvenile Court Act of 1987 involving a | 3 | | minor who was under 15 years of age at the time of the | 4 | | commission of the offense, that occurs in a county without a | 5 | | full-time public defender, the law enforcement agency | 6 | | conducting the custodial interrogation shall ensure that the | 7 | | minor is able to consult with an attorney who is under contract | 8 | | with the county to provide public defender services. | 9 | | Representation by the public defender shall terminate at the | 10 | | first court appearance if the court determines that the minor | 11 | | is not indigent. | 12 | | Every court shall, with the consent of the defendant and | 13 | | where the court
finds that the rights of the defendant would be | 14 | | prejudiced by the
appointment of the public defender, appoint | 15 | | counsel other than the public
defender, except as otherwise | 16 | | provided in Section 113-3 of the
"Code of Criminal Procedure of | 17 | | 1963". That counsel shall be compensated
as is provided by law. | 18 | | He shall also, in the case of the conviction of
any such | 19 | | person, prosecute any proceeding in review which in his
| 20 | | judgment the interests of justice require.
| 21 | | (Source: P.A. 99-882, eff. 1-1-17 .)
| 22 | | Section 10. The Medical Practice Act of 1987 is amended by | 23 | | changing Sections 22 and 23 as follows:
| 24 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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| 1 | | (Section scheduled to be repealed on December 31, 2019)
| 2 | | Sec. 22. Disciplinary action.
| 3 | | (A) The Department may revoke, suspend, place on probation, | 4 | | reprimand, refuse to issue or renew, or take any other | 5 | | disciplinary or non-disciplinary action as the Department may | 6 | | deem proper
with regard to the license or permit of any person | 7 | | issued
under this Act, including imposing fines not to exceed | 8 | | $10,000 for each violation, upon any of the following grounds:
| 9 | | (1) Performance of an elective abortion in any place, | 10 | | locale,
facility, or
institution other than:
| 11 | | (a) a facility licensed pursuant to the Ambulatory | 12 | | Surgical Treatment
Center Act;
| 13 | | (b) an institution licensed under the Hospital | 14 | | Licensing Act;
| 15 | | (c) an ambulatory surgical treatment center or | 16 | | hospitalization or care
facility maintained by the | 17 | | State or any agency thereof, where such department
or | 18 | | agency has authority under law to establish and enforce | 19 | | standards for the
ambulatory surgical treatment | 20 | | centers, hospitalization, or care facilities
under its | 21 | | management and control;
| 22 | | (d) ambulatory surgical treatment centers, | 23 | | hospitalization or care
facilities maintained by the | 24 | | Federal Government; or
| 25 | | (e) ambulatory surgical treatment centers, | 26 | | hospitalization or care
facilities maintained by any |
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| 1 | | university or college established under the laws
of | 2 | | this State and supported principally by public funds | 3 | | raised by
taxation.
| 4 | | (2) Performance of an abortion procedure in a willful | 5 | | and wanton
manner on a
woman who was not pregnant at the | 6 | | time the abortion procedure was
performed.
| 7 | | (3) A plea of guilty or nolo contendere, finding of | 8 | | guilt, jury verdict, or entry of judgment or sentencing, | 9 | | including, but not limited to, convictions, preceding | 10 | | sentences of supervision, conditional discharge, or first | 11 | | offender probation, under the laws of any jurisdiction of | 12 | | the United States of any crime that is a felony.
| 13 | | (4) Gross negligence in practice under this Act.
| 14 | | (5) Engaging in dishonorable, unethical or | 15 | | unprofessional
conduct of a
character likely to deceive, | 16 | | defraud or harm the public.
| 17 | | (6) Obtaining any fee by fraud, deceit, or
| 18 | | misrepresentation.
| 19 | | (7) Habitual or excessive use or abuse of drugs defined | 20 | | in law
as
controlled substances, of alcohol, or of any | 21 | | other substances which results in
the inability to practice | 22 | | with reasonable judgment, skill or safety.
| 23 | | (8) Practicing under a false or, except as provided by | 24 | | law, an
assumed
name.
| 25 | | (9) Fraud or misrepresentation in applying for, or | 26 | | procuring, a
license
under this Act or in connection with |
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| 1 | | applying for renewal of a license under
this Act.
| 2 | | (10) Making a false or misleading statement regarding | 3 | | their
skill or the
efficacy or value of the medicine, | 4 | | treatment, or remedy prescribed by them at
their direction | 5 | | in the treatment of any disease or other condition of the | 6 | | body
or mind.
| 7 | | (11) Allowing another person or organization to use | 8 | | their
license, procured
under this Act, to practice.
| 9 | | (12) Adverse action taken by another state or | 10 | | jurisdiction
against a license
or other authorization to | 11 | | practice as a medical doctor, doctor of osteopathy,
doctor | 12 | | of osteopathic medicine or
doctor of chiropractic, a | 13 | | certified copy of the record of the action taken by
the | 14 | | other state or jurisdiction being prima facie evidence | 15 | | thereof. This includes any adverse action taken by a State | 16 | | or federal agency that prohibits a medical doctor, doctor | 17 | | of osteopathy, doctor of osteopathic medicine, or doctor of | 18 | | chiropractic from providing services to the agency's | 19 | | participants.
| 20 | | (13) Violation of any provision of this Act or of the | 21 | | Medical
Practice Act
prior to the repeal of that Act, or | 22 | | violation of the rules, or a final
administrative action of | 23 | | the Secretary, after consideration of the
recommendation | 24 | | of the Disciplinary Board.
| 25 | | (14) Violation of the prohibition against fee | 26 | | splitting in Section 22.2 of this Act.
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| 1 | | (15) A finding by the Disciplinary Board that the
| 2 | | registrant after
having his or her license placed on | 3 | | probationary status or subjected to
conditions or | 4 | | restrictions violated the terms of the probation or failed | 5 | | to
comply with such terms or conditions.
| 6 | | (16) Abandonment of a patient.
| 7 | | (17) Prescribing, selling, administering, | 8 | | distributing, giving
or
self-administering any drug | 9 | | classified as a controlled substance (designated
product) | 10 | | or narcotic for other than medically accepted therapeutic
| 11 | | purposes.
| 12 | | (18) Promotion of the sale of drugs, devices, | 13 | | appliances or
goods provided
for a patient in such manner | 14 | | as to exploit the patient for financial gain of
the | 15 | | physician.
| 16 | | (19) Offering, undertaking or agreeing to cure or treat
| 17 | | disease by a secret
method, procedure, treatment or | 18 | | medicine, or the treating, operating or
prescribing for any | 19 | | human condition by a method, means or procedure which the
| 20 | | licensee refuses to divulge upon demand of the Department.
| 21 | | (20) Immoral conduct in the commission of any act | 22 | | including,
but not limited to, commission of an act of | 23 | | sexual misconduct related to the
licensee's
practice.
| 24 | | (21) Willfully making or filing false records or | 25 | | reports in his
or her
practice as a physician, including, | 26 | | but not limited to, false records to
support claims against |
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| 1 | | the medical assistance program of the Department of | 2 | | Healthcare and Family Services (formerly Department of
| 3 | | Public Aid)
under the Illinois Public Aid Code.
| 4 | | (22) Willful omission to file or record, or willfully | 5 | | impeding
the filing or
recording, or inducing another | 6 | | person to omit to file or record, medical
reports as | 7 | | required by law, or willfully failing to report an instance | 8 | | of
suspected abuse or neglect as required by law.
| 9 | | (23) Being named as a perpetrator in an indicated | 10 | | report by
the Department
of Children and Family Services | 11 | | under the Abused and Neglected Child Reporting
Act, and | 12 | | upon proof by clear and convincing evidence that the | 13 | | licensee has
caused a child to be an abused child or | 14 | | neglected child as defined in the
Abused and Neglected | 15 | | Child Reporting Act.
| 16 | | (24) Solicitation of professional patronage by any
| 17 | | corporation, agents or
persons, or profiting from those | 18 | | representing themselves to be agents of the
licensee.
| 19 | | (25) Gross and willful and continued overcharging for
| 20 | | professional services,
including filing false statements | 21 | | for collection of fees for which services are
not rendered, | 22 | | including, but not limited to, filing such false statements | 23 | | for
collection of monies for services not rendered from the | 24 | | medical assistance
program of the Department of Healthcare | 25 | | and Family Services (formerly Department of Public Aid)
| 26 | | under the Illinois Public Aid
Code.
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| 1 | | (26) A pattern of practice or other behavior which
| 2 | | demonstrates
incapacity
or incompetence to practice under | 3 | | this Act.
| 4 | | (27) Mental illness or disability which results in the
| 5 | | inability to
practice under this Act with reasonable | 6 | | judgment, skill or safety.
| 7 | | (28) Physical illness, including, but not limited to,
| 8 | | deterioration through
the aging process, or loss of motor | 9 | | skill which results in a physician's
inability to practice | 10 | | under this Act with reasonable judgment, skill or
safety.
| 11 | | (29) Cheating on or attempt to subvert the licensing
| 12 | | examinations
administered under this Act.
| 13 | | (30) Willfully or negligently violating the | 14 | | confidentiality
between
physician and patient except as | 15 | | required by law.
| 16 | | (31) The use of any false, fraudulent, or deceptive | 17 | | statement
in any
document connected with practice under | 18 | | this Act.
| 19 | | (32) Aiding and abetting an individual not licensed | 20 | | under this
Act in the
practice of a profession licensed | 21 | | under this Act.
| 22 | | (33) Violating state or federal laws or regulations | 23 | | relating
to controlled
substances, legend
drugs, or | 24 | | ephedra as defined in the Ephedra Prohibition Act.
| 25 | | (34) Failure to report to the Department any adverse | 26 | | final
action taken
against them by another licensing |
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| 1 | | jurisdiction (any other state or any
territory of the | 2 | | United States or any foreign state or country), by any peer
| 3 | | review body, by any health care institution, by any | 4 | | professional society or
association related to practice | 5 | | under this Act, by any governmental agency, by
any law | 6 | | enforcement agency, or by any court for acts or conduct | 7 | | similar to acts
or conduct which would constitute grounds | 8 | | for action as defined in this
Section.
| 9 | | (35) Failure to report to the Department surrender of a
| 10 | | license or
authorization to practice as a medical doctor, a | 11 | | doctor of osteopathy, a
doctor of osteopathic medicine, or | 12 | | doctor
of chiropractic in another state or jurisdiction, or | 13 | | surrender of membership on
any medical staff or in any | 14 | | medical or professional association or society,
while | 15 | | under disciplinary investigation by any of those | 16 | | authorities or bodies,
for acts or conduct similar to acts | 17 | | or conduct which would constitute grounds
for action as | 18 | | defined in this Section.
| 19 | | (36) Failure to report to the Department any adverse | 20 | | judgment,
settlement,
or award arising from a liability | 21 | | claim related to acts or conduct similar to
acts or conduct | 22 | | which would constitute grounds for action as defined in | 23 | | this
Section.
| 24 | | (37) Failure to provide copies of medical records as | 25 | | required
by law.
| 26 | | (38) Failure to furnish the Department, its |
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| 1 | | investigators or
representatives, relevant information, | 2 | | legally requested by the Department
after consultation | 3 | | with the Chief Medical Coordinator or the Deputy Medical
| 4 | | Coordinator.
| 5 | | (39) Violating the Health Care Worker Self-Referral
| 6 | | Act.
| 7 | | (40) (Blank). Willful failure to provide notice when | 8 | | notice is required
under the
Parental Notice of Abortion | 9 | | Act of 1995.
| 10 | | (41) Failure to establish and maintain records of | 11 | | patient care and
treatment as required by this law.
| 12 | | (42) Entering into an excessive number of written | 13 | | collaborative
agreements with licensed advanced practice | 14 | | registered nurses resulting in an inability to
adequately | 15 | | collaborate.
| 16 | | (43) Repeated failure to adequately collaborate with a | 17 | | licensed advanced practice registered nurse. | 18 | | (44) Violating the Compassionate Use of Medical | 19 | | Cannabis Pilot Program Act.
| 20 | | (45) Entering into an excessive number of written | 21 | | collaborative agreements with licensed prescribing | 22 | | psychologists resulting in an inability to adequately | 23 | | collaborate. | 24 | | (46) Repeated failure to adequately collaborate with a | 25 | | licensed prescribing psychologist. | 26 | | (47) Willfully failing to report an instance of |
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| 1 | | suspected abuse, neglect, financial exploitation, or | 2 | | self-neglect of an eligible adult as defined in and | 3 | | required by the Adult Protective Services Act. | 4 | | (48) Being named as an abuser in a verified report by | 5 | | the Department on Aging under the Adult Protective Services | 6 | | Act, and upon proof by clear and convincing evidence that | 7 | | the licensee abused, neglected, or financially exploited | 8 | | an eligible adult as defined in the Adult Protective | 9 | | Services Act. | 10 | | (49) Entering into an excessive number of written | 11 | | collaborative agreements with licensed physician | 12 | | assistants resulting in an inability to adequately | 13 | | collaborate. | 14 | | (50) Repeated failure to adequately collaborate with a | 15 | | physician assistant. | 16 | | Except
for actions involving the ground numbered (26), all | 17 | | proceedings to suspend,
revoke, place on probationary status, | 18 | | or take any
other disciplinary action as the Department may | 19 | | deem proper, with regard to a
license on any of the foregoing | 20 | | grounds, must be commenced within 5 years next
after receipt by | 21 | | the Department of a complaint alleging the commission of or
| 22 | | notice of the conviction order for any of the acts described | 23 | | herein. Except
for the grounds numbered (8), (9), (26), and | 24 | | (29), no action shall be commenced more
than 10 years after the | 25 | | date of the incident or act alleged to have violated
this | 26 | | Section. For actions involving the ground numbered (26), a |
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| 1 | | pattern of practice or other behavior includes all incidents | 2 | | alleged to be part of the pattern of practice or other behavior | 3 | | that occurred, or a report pursuant to Section 23 of this Act | 4 | | received, within the 10-year period preceding the filing of the | 5 | | complaint. In the event of the settlement of any claim or cause | 6 | | of action
in favor of the claimant or the reduction to final | 7 | | judgment of any civil action
in favor of the plaintiff, such | 8 | | claim, cause of action or civil action being
grounded on the | 9 | | allegation that a person licensed under this Act was negligent
| 10 | | in providing care, the Department shall have an additional | 11 | | period of 2 years
from the date of notification to the | 12 | | Department under Section 23 of this Act
of such settlement or | 13 | | final judgment in which to investigate and
commence formal | 14 | | disciplinary proceedings under Section 36 of this Act, except
| 15 | | as otherwise provided by law. The time during which the holder | 16 | | of the license
was outside the State of Illinois shall not be | 17 | | included within any period of
time limiting the commencement of | 18 | | disciplinary action by the Department.
| 19 | | The entry of an order or judgment by any circuit court | 20 | | establishing that any
person holding a license under this Act | 21 | | is a person in need of mental treatment
operates as a | 22 | | suspension of that license. That person may resume their
| 23 | | practice only upon the entry of a Departmental order based upon | 24 | | a finding by
the Disciplinary Board that they have been | 25 | | determined to be recovered
from mental illness by the court and | 26 | | upon the Disciplinary Board's
recommendation that they be |
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| 1 | | 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 a | 4 | | return, or to pay the tax, penalty or interest shown in a
filed | 5 | | return, or to pay any final assessment of tax, penalty or | 6 | | 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 by | 9 | | the Illinois Department of Revenue.
| 10 | | The Department, upon the recommendation of the | 11 | | Disciplinary Board, shall
adopt rules which set forth standards | 12 | | 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 commission | 19 | | of any act,
including, but not limited to, commission of an | 20 | | act of sexual misconduct
related
to the licensee's | 21 | | practice; and
| 22 | | (d) what constitutes gross negligence in the practice | 23 | | of medicine.
| 24 | | However, no such rule shall be admissible into evidence in | 25 | | any civil action
except for review of a licensing or other | 26 | | disciplinary action under this Act.
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| 1 | | In enforcing this Section, the Disciplinary Board or the | 2 | | Licensing Board,
upon a showing of a possible violation, may | 3 | | compel, in the case of the Disciplinary Board, any individual | 4 | | who is licensed to
practice under this Act or holds a permit to | 5 | | practice under this Act, or, in the case of the Licensing | 6 | | Board, any individual who has applied for licensure or a permit
| 7 | | pursuant to this Act, to submit to a mental or physical | 8 | | examination and evaluation, or both,
which may include a | 9 | | substance abuse or sexual offender evaluation, as required by | 10 | | the Licensing Board or Disciplinary Board and at the expense of | 11 | | the Department. The Disciplinary Board or Licensing Board shall | 12 | | specifically designate the examining physician licensed to | 13 | | practice medicine in all of its branches or, if applicable, the | 14 | | multidisciplinary team involved in providing the mental or | 15 | | physical examination and evaluation, or both. The | 16 | | multidisciplinary team shall be led by a physician licensed to | 17 | | practice medicine in all of its branches and may consist of one | 18 | | or more or a combination of physicians licensed to practice | 19 | | medicine in all of its branches, licensed chiropractic | 20 | | physicians, licensed clinical psychologists, licensed clinical | 21 | | social workers, licensed clinical professional counselors, and | 22 | | other professional and administrative staff. Any examining | 23 | | physician or member of the multidisciplinary team may require | 24 | | any person ordered to submit to an examination and evaluation | 25 | | pursuant to this Section to submit to any additional | 26 | | supplemental testing deemed necessary to complete any |
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| 1 | | examination or evaluation process, including, but not limited | 2 | | to, blood testing, urinalysis, psychological testing, or | 3 | | neuropsychological testing.
The Disciplinary Board, the | 4 | | Licensing Board, or the Department may order the examining
| 5 | | physician or any member of the multidisciplinary team to | 6 | | provide to the Department, the Disciplinary Board, or the | 7 | | Licensing Board any and all records, including business | 8 | | records, that relate to the examination and evaluation, | 9 | | including any supplemental testing performed. The Disciplinary | 10 | | Board, the Licensing Board, or the Department may order the | 11 | | examining physician or any member of the multidisciplinary team | 12 | | to present testimony concerning this examination
and | 13 | | evaluation of the licensee, permit holder, or applicant, | 14 | | including testimony concerning any supplemental testing or | 15 | | documents relating to the examination and evaluation. No | 16 | | information, report, record, or other documents in any way | 17 | | related to the examination and evaluation shall be excluded by | 18 | | reason of
any common
law or statutory privilege relating to | 19 | | communication between the licensee, permit holder, or
| 20 | | applicant and
the examining physician or any member of the | 21 | | multidisciplinary team.
No authorization is necessary from the | 22 | | licensee, permit holder, or applicant ordered to undergo an | 23 | | evaluation and examination for the examining physician or any | 24 | | member of the multidisciplinary team to provide information, | 25 | | reports, records, or other documents or to provide any | 26 | | testimony regarding the examination and evaluation. The |
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| 1 | | individual to be examined may have, at his or her own expense, | 2 | | another
physician of his or her choice present during all | 3 | | aspects of the examination.
Failure of any individual to submit | 4 | | to mental or physical examination and evaluation, or both, when
| 5 | | directed, shall result in an automatic suspension, without | 6 | | hearing, until such time
as the individual submits to the | 7 | | examination. If the Disciplinary Board or Licensing Board finds | 8 | | a physician unable
to practice following an examination and | 9 | | evaluation because of the reasons set forth in this Section, | 10 | | the Disciplinary
Board or Licensing Board shall require such | 11 | | physician to submit to care, counseling, or treatment
by | 12 | | physicians, or other health care professionals, approved or | 13 | | designated by the Disciplinary Board, as a condition
for | 14 | | issued, continued, reinstated, or renewed licensure to | 15 | | practice. Any physician,
whose license was granted pursuant to | 16 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | 17 | | renewed, disciplined or supervised, subject to such
terms, | 18 | | conditions or restrictions who shall fail to comply with such | 19 | | terms,
conditions or restrictions, or to complete a required | 20 | | program of care,
counseling, or treatment, as determined by the | 21 | | Chief Medical Coordinator or
Deputy Medical Coordinators, | 22 | | shall be referred to the Secretary for a
determination as to | 23 | | whether the licensee shall have their license suspended
| 24 | | immediately, pending a hearing by the Disciplinary Board. In | 25 | | instances in
which the Secretary immediately suspends a license | 26 | | under this Section, a hearing
upon such person's license must |
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| 1 | | be convened by the Disciplinary Board within 15
days after such | 2 | | suspension and completed without appreciable delay. The
| 3 | | Disciplinary Board shall have the authority to review the | 4 | | subject physician's
record of treatment and counseling | 5 | | regarding the impairment, to the extent
permitted by applicable | 6 | | federal statutes and regulations safeguarding the
| 7 | | confidentiality of medical records.
| 8 | | An individual licensed under this Act, affected under this | 9 | | Section, shall be
afforded an opportunity to demonstrate to the | 10 | | Disciplinary Board that they can
resume practice in compliance | 11 | | with acceptable and prevailing standards under
the provisions | 12 | | of their license.
| 13 | | The Department may promulgate rules for the imposition of | 14 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 15 | | violation of this Act. Fines
may be imposed in conjunction with | 16 | | other forms of disciplinary action, but
shall not be the | 17 | | exclusive disposition of any disciplinary action arising out
of | 18 | | conduct resulting in death or injury to a patient. Any funds | 19 | | collected from
such fines shall be deposited in the Illinois | 20 | | State Medical Disciplinary Fund.
| 21 | | All fines imposed under this Section shall be paid within | 22 | | 60 days after the effective date of the order imposing the fine | 23 | | or in accordance with the terms set forth in the order imposing | 24 | | the fine. | 25 | | (B) The Department shall revoke the license or
permit | 26 | | issued under this Act to practice medicine or a chiropractic |
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| 1 | | physician who
has been convicted a second time of committing | 2 | | any felony under the
Illinois Controlled Substances Act or the | 3 | | Methamphetamine Control and Community Protection Act, or who | 4 | | has been convicted a second time of
committing a Class 1 felony | 5 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 6 | | person whose license or permit is revoked
under
this subsection | 7 | | B shall be prohibited from practicing
medicine or treating | 8 | | human ailments without the use of drugs and without
operative | 9 | | surgery.
| 10 | | (C) The Department shall not revoke, suspend, place on | 11 | | probation, reprimand, refuse to issue or renew, or take any | 12 | | other disciplinary or non-disciplinary action against the | 13 | | license or permit issued under this Act to practice medicine to | 14 | | a physician: | 15 | | (1) based solely upon the recommendation of the | 16 | | physician to an eligible patient regarding, or | 17 | | prescription for, or treatment with, an investigational | 18 | | drug, biological product, or device; or | 19 | | (2) for experimental treatment for Lyme disease or | 20 | | other tick-borne diseases, including, but not limited to, | 21 | | the prescription of or treatment with long-term | 22 | | antibiotics. | 23 | | (D) (Blank). The Disciplinary Board shall recommend to the
| 24 | | Department civil
penalties and any other appropriate | 25 | | discipline in disciplinary cases when the
Board finds that a | 26 | | physician willfully performed an abortion with actual
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| 1 | | knowledge that the person upon whom the abortion has been | 2 | | performed is a minor
or an incompetent person without notice as | 3 | | required under the Parental Notice
of Abortion Act of 1995. | 4 | | Upon the Board's recommendation, the Department shall
impose, | 5 | | for the first violation, a civil penalty of $1,000 and for a | 6 | | second or
subsequent violation, a civil penalty of $5,000.
| 7 | | (Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17; | 8 | | 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff. | 9 | | 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised | 10 | | 12-19-18.)
| 11 | | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| 12 | | (Section scheduled to be repealed on December 31, 2019)
| 13 | | Sec. 23. Reports relating to professional conduct
and | 14 | | capacity. | 15 | | (A) Entities required to report.
| 16 | | (1) Health care institutions. The chief administrator
| 17 | | or executive officer of any health care institution | 18 | | licensed
by the Illinois Department of Public Health shall | 19 | | report to
the Disciplinary Board when any person's clinical | 20 | | privileges
are terminated or are restricted based on a | 21 | | final
determination made in accordance with that | 22 | | institution's by-laws
or rules and regulations that a | 23 | | person has either committed
an act or acts which may | 24 | | directly threaten patient care or that a person may have a | 25 | | mental or physical disability that may endanger patients
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| 1 | | under that person's care. Such officer also shall report if
| 2 | | a person accepts voluntary termination or restriction of
| 3 | | clinical privileges in lieu of formal action based upon | 4 | | conduct related
directly to patient care or in lieu of | 5 | | formal action
seeking to determine whether a person may | 6 | | have a mental or physical disability that may endanger | 7 | | patients
under that person's care. The Disciplinary Board
| 8 | | shall, by rule, provide for the reporting to it by health | 9 | | care institutions of all
instances in which a person, | 10 | | licensed under this Act, who is
impaired by reason of age, | 11 | | drug or alcohol abuse or physical
or mental impairment, is | 12 | | under supervision and, where
appropriate, is in a program | 13 | | of rehabilitation. Such
reports shall be strictly | 14 | | confidential and may be reviewed
and considered only by the | 15 | | members of the Disciplinary
Board, or by authorized staff | 16 | | as provided by rules of the
Disciplinary Board. Provisions | 17 | | shall be made for the
periodic report of the status of any | 18 | | such person not less
than twice annually in order that the | 19 | | Disciplinary Board
shall have current information upon | 20 | | which to determine the
status of any such person. Such | 21 | | initial and periodic
reports of impaired physicians shall | 22 | | not be considered
records within the meaning of The State | 23 | | Records Act and
shall be disposed of, following a | 24 | | determination by the
Disciplinary Board that such reports | 25 | | are no longer required,
in a manner and at such time as the | 26 | | Disciplinary Board shall
determine by rule. The filing of |
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| 1 | | such reports shall be
construed as the filing of a report | 2 | | for purposes of
subsection (C) of this Section.
| 3 | | (1.5) Clinical training programs. The program director | 4 | | of any post-graduate clinical training program shall | 5 | | report to the Disciplinary Board if a person engaged in a | 6 | | post-graduate clinical training program at the | 7 | | institution, including, but not limited to, a residency or | 8 | | fellowship, separates from the program for any reason prior | 9 | | to its conclusion. The program director shall provide all | 10 | | documentation relating to the separation if, after review | 11 | | of the report, the Disciplinary Board determines that a | 12 | | review of those documents is necessary to determine whether | 13 | | a violation of this Act occurred. | 14 | | (2) Professional associations. The President or chief
| 15 | | executive officer of any association or society, of persons
| 16 | | licensed under this Act, operating within this State shall
| 17 | | report to the Disciplinary Board when the association or
| 18 | | society renders a final determination that a person has
| 19 | | committed unprofessional conduct related directly to | 20 | | patient
care or that a person may have a mental or physical | 21 | | disability that may endanger patients under that person's
| 22 | | care.
| 23 | | (3) Professional liability insurers. Every insurance
| 24 | | company which offers policies of professional liability
| 25 | | insurance to persons licensed under this Act, or any other
| 26 | | entity which seeks to indemnify the professional liability
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| 1 | | of a person licensed under this Act, shall report to the
| 2 | | Disciplinary Board the settlement of any claim or cause of
| 3 | | action, or final judgment rendered in any cause of action,
| 4 | | which alleged negligence in the furnishing of medical care
| 5 | | by such licensed person when such settlement or final
| 6 | | judgment is in favor of the plaintiff.
| 7 | | (4) State's Attorneys. The State's Attorney of each
| 8 | | county shall report to the Disciplinary Board, within 5 | 9 | | days, any instances
in which a person licensed under this | 10 | | Act is convicted of any felony or Class A misdemeanor. The | 11 | | State's Attorney
of each county may report to the | 12 | | Disciplinary Board through a verified
complaint any | 13 | | instance in which the State's Attorney believes that a | 14 | | physician
has willfully violated the notice requirements | 15 | | of the Parental Notice of
Abortion Act of 1995.
| 16 | | (5) State agencies. All agencies, boards,
commissions, | 17 | | departments, or other instrumentalities of the
government | 18 | | of the State of Illinois shall report to the
Disciplinary | 19 | | Board any instance arising in connection with
the | 20 | | operations of such agency, including the administration
of | 21 | | any law by such agency, in which a person licensed under
| 22 | | this Act has either committed an act or acts which may be a
| 23 | | violation of this Act or which may constitute | 24 | | unprofessional
conduct related directly to patient care or | 25 | | which indicates
that a person licensed under this Act may | 26 | | have a mental or physical disability that may endanger |
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| 1 | | patients
under that person's care.
| 2 | | (B) Mandatory reporting. All reports required by items | 3 | | (34), (35), and
(36) of subsection (A) of Section 22 and by | 4 | | Section 23 shall be submitted to the Disciplinary Board in a | 5 | | timely
fashion. Unless otherwise provided in this Section, the | 6 | | reports shall be filed in writing within 60
days after a | 7 | | determination that a report is required under
this Act. All | 8 | | reports shall contain the following
information:
| 9 | | (1) The name, address and telephone number of the
| 10 | | person making the report.
| 11 | | (2) The name, address and telephone number of the
| 12 | | person who is the subject of the report.
| 13 | | (3) The name and date of birth of any
patient or | 14 | | patients whose treatment is a subject of the
report, if | 15 | | available, or other means of identification if such | 16 | | information is not available, identification of the | 17 | | hospital or other
healthcare facility where the care at | 18 | | issue in the report was rendered,
provided, however, no | 19 | | medical records may be
revealed.
| 20 | | (4) A brief description of the facts which gave rise
to | 21 | | the issuance of the report, including the dates of any
| 22 | | occurrences deemed to necessitate the filing of the report.
| 23 | | (5) If court action is involved, the identity of the
| 24 | | court in which the action is filed, along with the docket
| 25 | | number and date of filing of the action.
| 26 | | (6) Any further pertinent information which the
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| 1 | | reporting party deems to be an aid in the evaluation of the
| 2 | | report.
| 3 | | The Disciplinary Board or Department may also exercise the | 4 | | power under Section
38 of this Act to subpoena copies of | 5 | | hospital or medical records in mandatory
report cases alleging | 6 | | death or permanent bodily injury. Appropriate
rules shall be | 7 | | adopted by the Department with the approval of the Disciplinary
| 8 | | Board.
| 9 | | When the Department has received written reports | 10 | | concerning incidents
required to be reported in items (34), | 11 | | (35), and (36) of subsection (A) of
Section 22, the licensee's | 12 | | failure to report the incident to the Department
under those | 13 | | items shall not be the sole grounds for disciplinary action.
| 14 | | Nothing contained in this Section shall act to in any
way, | 15 | | waive or modify the confidentiality of medical reports
and | 16 | | committee reports to the extent provided by law. Any
| 17 | | information reported or disclosed shall be kept for the
| 18 | | confidential use of the Disciplinary Board, the Medical
| 19 | | Coordinators, the Disciplinary Board's attorneys, the
medical | 20 | | investigative staff, and authorized clerical staff,
as | 21 | | provided in this Act, and shall be afforded the same
status as | 22 | | is provided information concerning medical studies
in Part 21 | 23 | | of Article VIII of the Code of Civil Procedure, except that the | 24 | | Department may disclose information and documents to a federal, | 25 | | State, or local law enforcement agency pursuant to a subpoena | 26 | | in an ongoing criminal investigation or to a health care |
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| 1 | | licensing body or medical licensing authority of this State or | 2 | | another state or jurisdiction pursuant to an official request | 3 | | made by that licensing body or medical licensing authority. | 4 | | Furthermore, information and documents disclosed to a federal, | 5 | | State, or local law enforcement agency may be used by that | 6 | | agency only for the investigation and prosecution of a criminal | 7 | | offense, or, in the case of disclosure to a health care | 8 | | licensing body or medical licensing authority, only for | 9 | | investigations and disciplinary action proceedings with regard | 10 | | to a license. Information and documents disclosed to the | 11 | | Department of Public Health may be used by that Department only | 12 | | for investigation and disciplinary action regarding the | 13 | | license of a health care institution licensed by the Department | 14 | | of Public Health.
| 15 | | (C) Immunity from prosecution. Any individual or
| 16 | | organization acting in good faith, and not in a wilful and
| 17 | | wanton manner, in complying with this Act by providing any
| 18 | | report or other information to the Disciplinary Board or a peer | 19 | | review committee, or
assisting in the investigation or | 20 | | preparation of such
information, or by voluntarily reporting to | 21 | | the Disciplinary Board
or a peer review committee information | 22 | | regarding alleged errors or negligence by a person licensed | 23 | | under this Act, or by participating in proceedings of the
| 24 | | Disciplinary Board or a peer review committee, or by serving as | 25 | | a member of the
Disciplinary Board or a peer review committee, | 26 | | shall not, as a result of such actions,
be subject to criminal |
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| 1 | | prosecution or civil damages.
| 2 | | (D) Indemnification. Members of the Disciplinary
Board, | 3 | | the Licensing Board, the Medical Coordinators, the | 4 | | Disciplinary Board's
attorneys, the medical investigative | 5 | | staff, physicians
retained under contract to assist and advise | 6 | | the medical
coordinators in the investigation, and authorized | 7 | | clerical
staff shall be indemnified by the State for any | 8 | | actions
occurring within the scope of services on the | 9 | | Disciplinary
Board or Licensing Board, done in good faith and | 10 | | not wilful and wanton in
nature. The Attorney General shall | 11 | | defend all such actions
unless he or she determines either that | 12 | | there would be a
conflict of interest in such representation or | 13 | | that the
actions complained of were not in good faith or were | 14 | | wilful
and wanton.
| 15 | | Should the Attorney General decline representation, the
| 16 | | member shall have the right to employ counsel of his or her
| 17 | | choice, whose fees shall be provided by the State, after
| 18 | | approval by the Attorney General, unless there is a
| 19 | | determination by a court that the member's actions were not
in | 20 | | good faith or were wilful and wanton.
| 21 | | The member must notify the Attorney General within 7
days | 22 | | of receipt of notice of the initiation of any action
involving | 23 | | services of the Disciplinary Board. Failure to so
notify the | 24 | | Attorney General shall constitute an absolute
waiver of the | 25 | | right to a defense and indemnification.
| 26 | | The Attorney General shall determine within 7 days
after |
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| 1 | | receiving such notice, whether he or she will
undertake to | 2 | | represent the member.
| 3 | | (E) Deliberations of Disciplinary Board. Upon the
receipt | 4 | | of any report called for by this Act, other than
those reports | 5 | | of impaired persons licensed under this Act
required pursuant | 6 | | to the rules of the Disciplinary Board,
the Disciplinary Board | 7 | | shall notify in writing, by certified
mail, the person who is | 8 | | the subject of the report. Such
notification shall be made | 9 | | within 30 days of receipt by the
Disciplinary Board of the | 10 | | report.
| 11 | | The notification shall include a written notice setting
| 12 | | forth the person's right to examine the report. Included in
| 13 | | such notification shall be the address at which the file is
| 14 | | maintained, the name of the custodian of the reports, and
the | 15 | | telephone number at which the custodian may be reached.
The | 16 | | person who is the subject of the report shall submit a written | 17 | | statement responding,
clarifying, adding to, or proposing the | 18 | | amending of the
report previously filed. The person who is the | 19 | | subject of the report shall also submit with the written | 20 | | statement any medical records related to the report. The | 21 | | statement and accompanying medical records shall become a
| 22 | | permanent part of the file and must be received by the
| 23 | | Disciplinary Board no more than
30 days after the date on
which | 24 | | the person was notified by the Disciplinary Board of the | 25 | | existence of
the
original report.
| 26 | | The Disciplinary Board shall review all reports
received by |
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| 1 | | it, together with any supporting information and
responding | 2 | | statements submitted by persons who are the
subject of reports. | 3 | | The review by the Disciplinary Board
shall be in a timely | 4 | | manner but in no event, shall the
Disciplinary Board's initial | 5 | | review of the material
contained in each disciplinary file be | 6 | | less than 61 days nor
more than 180 days after the receipt of | 7 | | the initial report
by the Disciplinary Board.
| 8 | | When the Disciplinary Board makes its initial review of
the | 9 | | materials contained within its disciplinary files, the
| 10 | | Disciplinary Board shall, in writing, make a determination
as | 11 | | to whether there are sufficient facts to warrant further
| 12 | | investigation or action. Failure to make such determination
| 13 | | within the time provided shall be deemed to be a
determination | 14 | | that there are not sufficient facts to warrant
further | 15 | | investigation or action.
| 16 | | Should the Disciplinary Board find that there are not
| 17 | | sufficient facts to warrant further investigation, or
action, | 18 | | the report shall be accepted for filing and the
matter shall be | 19 | | deemed closed and so reported to the Secretary. The Secretary
| 20 | | shall then have 30 days to accept the Disciplinary Board's | 21 | | decision or
request further investigation. The Secretary shall | 22 | | inform the Board
of the decision to request further | 23 | | investigation, including the specific
reasons for the | 24 | | decision. The
individual or entity filing the original report | 25 | | or complaint
and the person who is the subject of the report or | 26 | | complaint
shall be notified in writing by the Secretary of
any |
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| 1 | | final action on their report or complaint. The Department shall | 2 | | disclose to the individual or entity who filed the original | 3 | | report or complaint, on request, the status of the Disciplinary | 4 | | Board's review of a specific report or complaint. Such request | 5 | | may be made at any time, including prior to the Disciplinary | 6 | | Board's determination as to whether there are sufficient facts | 7 | | to warrant further investigation or action.
| 8 | | (F) Summary reports. The Disciplinary Board shall
prepare, | 9 | | on a timely basis, but in no event less than once
every other | 10 | | month, a summary report of final disciplinary actions taken
| 11 | | upon disciplinary files maintained by the Disciplinary Board.
| 12 | | The summary reports shall be made available to the public upon | 13 | | request and payment of the fees set by the Department. This | 14 | | publication may be made available to the public on the | 15 | | Department's website. Information or documentation relating to | 16 | | any disciplinary file that is closed without disciplinary | 17 | | action taken shall not be disclosed and shall be afforded the | 18 | | same status as is provided by Part 21 of Article VIII of the | 19 | | Code of Civil Procedure.
| 20 | | (G) Any violation of this Section shall be a Class A
| 21 | | misdemeanor.
| 22 | | (H) If any such person violates the provisions of this
| 23 | | Section an action may be brought in the name of the People
of | 24 | | the State of Illinois, through the Attorney General of
the | 25 | | State of Illinois, for an order enjoining such violation
or for | 26 | | an order enforcing compliance with this Section.
Upon filing of |
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| 1 | | a verified petition in such court, the court
may issue a | 2 | | temporary restraining order without notice or
bond and may | 3 | | preliminarily or permanently enjoin such
violation, and if it | 4 | | is established that such person has
violated or is violating | 5 | | the injunction, the court may
punish the offender for contempt | 6 | | of court. Proceedings
under this paragraph shall be in addition | 7 | | to, and not in
lieu of, all other remedies and penalties | 8 | | provided for by
this Section.
| 9 | | (Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15 .)
| 10 | | Section 15. The Consent by Minors to Health Care Services | 11 | | Act is amended by changing Section 1.5 as follows: | 12 | | (410 ILCS 210/1.5) | 13 | | Sec. 1.5. Consent by minor seeking care for limited primary | 14 | | care services. | 15 | | (a) The consent to the performance of primary care services | 16 | | by a physician licensed to practice medicine in all its | 17 | | branches, a licensed advanced practice registered nurse, a | 18 | | licensed physician assistant, a chiropractic physician, or a | 19 | | licensed optometrist executed by a minor seeking care is not | 20 | | voidable because of such minority, and for such purpose, a | 21 | | minor seeking care is deemed to have the same legal capacity to | 22 | | act and has the same powers and obligations as has a person of | 23 | | legal age under the following circumstances: | 24 | | (1) the health care professional reasonably believes |
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| 1 | | that the minor seeking care understands the benefits and | 2 | | risks of any proposed primary care or services; and | 3 | | (2) the minor seeking care is identified in writing as | 4 | | a minor seeking care by: | 5 | | (A) an adult relative; | 6 | | (B) a representative of a homeless service agency | 7 | | that receives federal, State, county, or municipal | 8 | | funding to provide those services or that is otherwise | 9 | | sanctioned by a local continuum of care; | 10 | | (C) an attorney licensed to practice law in this | 11 | | State; | 12 | | (D) a public school homeless liaison or school | 13 | | social worker; | 14 | | (E) a social service agency providing services to | 15 | | at risk, homeless, or runaway youth; or | 16 | | (F) a representative of a religious organization. | 17 | | (b) A health care professional rendering primary care | 18 | | services under this Section shall not incur civil or criminal | 19 | | liability for failure to obtain valid consent or professional | 20 | | discipline for failure to obtain valid consent if he or she | 21 | | relied in good faith on the representations made by the minor | 22 | | or the information provided under paragraph (2) of subsection | 23 | | (a) of this Section. Under such circumstances, good faith shall | 24 | | be presumed. | 25 | | (c) The confidential nature of any communication between a | 26 | | health care professional described in Section 1 of this Act and |
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| 1 | | a minor seeking care is not waived (1) by the presence, at the | 2 | | time of communication, of any additional persons present at the | 3 | | request of the minor seeking care, (2) by the health care | 4 | | professional's disclosure of confidential information to the | 5 | | additional person with the consent of the minor seeking care, | 6 | | when reasonably necessary to accomplish the purpose for which | 7 | | the additional person is consulted, or (3) by the health care | 8 | | professional billing a health benefit insurance or plan under | 9 | | which the minor seeking care is insured, is enrolled, or has | 10 | | coverage for the services provided. | 11 | | (d) Nothing in this Section shall be construed to limit or | 12 | | expand a minor's existing powers and obligations under any | 13 | | federal, State, or local law. Nothing in this Section shall be | 14 | | construed to affect the Parental Notice of Abortion Act of | 15 | | 1995. Nothing in this Section affects the right or authority of | 16 | | a parent or legal guardian to verbally, in writing, or | 17 | | otherwise authorize health care services to be provided for a | 18 | | minor in their absence. | 19 | | (e) For the purposes of this Section: | 20 | | "Minor seeking care" means a person at least 14 years of | 21 | | age but less than 18 years of age who is living separate and | 22 | | apart from his or her parents or legal guardian, whether with | 23 | | or without the consent of a parent or legal guardian who is | 24 | | unable or unwilling to return to the residence of a parent, and | 25 | | managing his or her own personal affairs. "Minor seeking care" | 26 | | does not include minors who are under the protective custody, |
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| 1 | | temporary custody, or guardianship of the Department of | 2 | | Children and Family Services. | 3 | | "Primary care services" means health care services that | 4 | | include screening, counseling, immunizations, medication, and | 5 | | treatment of illness and conditions customarily provided by | 6 | | licensed health care professionals in an out-patient setting, | 7 | | eye care services, excluding advanced optometric procedures, | 8 | | provided by optometrists, and services provided by | 9 | | chiropractic physicians according to the scope of practice of | 10 | | chiropractic physicians under the Medical Practice Act of 1987. | 11 | | "Primary care services" does not include invasive care, beyond | 12 | | standard injections, laceration care, or non-surgical fracture | 13 | | care.
| 14 | | (Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; | 15 | | 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
| 16 | | (750 ILCS 70/Act rep.)
| 17 | | Section 20. The Parental Notice of Abortion Act of 1995 is | 18 | | repealed.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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