Illinois General Assembly - Full Text of SB2190
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Full Text of SB2190  102nd General Assembly

SB2190 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2190

 

Introduced 2/26/2021, 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.

    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.


LRB102 13342 LNS 18686 b

 

 

A BILL FOR

 

SB2190LRB102 13342 LNS 18686 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Section 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
8Defender, as directed by the court, shall act as attorney,
9without fee, before any court within any county for all
10persons who are held in custody or who are charged with the
11commission of any criminal offense, and who the court finds
12are unable to employ counsel.
13    The Public Defender shall be the attorney, without fee,
14when so appointed by the court under Section 1-20 of the
15Juvenile Court Act or Section 1-5 of the Juvenile Court Act of
161987 or by any court under Section 5(b) of the Parental Notice
17of Abortion Act of 1983 for any party who the court finds is
18financially unable to employ counsel.
19    In cases subject to Section 5-170 of the Juvenile Court
20Act of 1987 involving a minor who was under 15 years of age at
21the time of the commission of the offense, that occurs in a
22county with a full-time public defender office, a public
23defender, without fee or appointment, may represent and have

 

 

SB2190- 2 -LRB102 13342 LNS 18686 b

1access to a minor during a custodial interrogation. In cases
2subject to Section 5-170 of the Juvenile Court Act of 1987
3involving a minor who was under 15 years of age at the time of
4the commission of the offense, that occurs in a county without
5a full-time public defender, the law enforcement agency
6conducting the custodial interrogation shall ensure that the
7minor is able to consult with an attorney who is under contract
8with the county to provide public defender services.
9Representation by the public defender shall terminate at the
10first court appearance if the court determines that the minor
11is not indigent.
12    Every court shall, with the consent of the defendant and
13where the court finds that the rights of the defendant would be
14prejudiced by the appointment of the public defender, appoint
15counsel other than the public defender, except as otherwise
16provided in Section 113-3 of the "Code of Criminal Procedure
17of 1963". That counsel shall be compensated as is provided by
18law. He shall also, in the case of the conviction of any such
19person, prosecute any proceeding in review which in his
20judgment 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
23changing Sections 22 and 23 as follows:
 
24    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)

 

 

SB2190- 3 -LRB102 13342 LNS 18686 b

1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 22. Disciplinary action.
3    (A) The Department may revoke, suspend, place on
4probation, reprimand, refuse to issue or renew, or take any
5other disciplinary or non-disciplinary action as the
6Department may deem proper with regard to the license or
7permit of any person issued under this Act, including imposing
8fines not to exceed $10,000 for each violation, upon any of the
9following grounds:
10        (1) (Blank).
11        (2) (Blank).
12        (3) A plea of guilty or nolo contendere, finding of
13    guilt, jury verdict, or entry of judgment or sentencing,
14    including, but not limited to, convictions, preceding
15    sentences of supervision, conditional discharge, or first
16    offender probation, under the laws of any jurisdiction of
17    the United States of any crime that is a felony.
18        (4) Gross negligence in practice under this Act.
19        (5) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud or harm the public.
22        (6) Obtaining any fee by fraud, deceit, or
23    misrepresentation.
24        (7) Habitual or excessive use or abuse of drugs
25    defined in law as controlled substances, of alcohol, or of
26    any other substances which results in the inability to

 

 

SB2190- 4 -LRB102 13342 LNS 18686 b

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

 

 

SB2190- 5 -LRB102 13342 LNS 18686 b

1    violation of the rules, or a final administrative action
2    of the Secretary, after consideration of the
3    recommendation of the Disciplinary Board.
4        (14) Violation of the prohibition against fee
5    splitting in Section 22.2 of this Act.
6        (15) A finding by the Disciplinary Board that the
7    registrant after having his or her license placed on
8    probationary status or subjected to conditions or
9    restrictions violated the terms of the probation or failed
10    to comply with such terms or conditions.
11        (16) Abandonment of a patient.
12        (17) Prescribing, selling, administering,
13    distributing, giving, or self-administering any drug
14    classified as a controlled substance (designated product)
15    or narcotic for other than medically accepted therapeutic
16    purposes.
17        (18) Promotion of the sale of drugs, devices,
18    appliances, or goods provided for a patient in such manner
19    as to exploit the patient for financial gain of the
20    physician.
21        (19) Offering, undertaking, or agreeing to cure or
22    treat disease by a secret method, procedure, treatment, or
23    medicine, or the treating, operating, or prescribing for
24    any human condition by a method, means, or procedure which
25    the licensee refuses to divulge upon demand of the
26    Department.

 

 

SB2190- 6 -LRB102 13342 LNS 18686 b

1        (20) Immoral conduct in the commission of any act
2    including, but not limited to, commission of an act of
3    sexual misconduct related to the licensee's practice.
4        (21) Willfully making or filing false records or
5    reports in his or her practice as a physician, including,
6    but not limited to, false records to support claims
7    against the medical assistance program of the Department
8    of Healthcare and Family Services (formerly Department of
9    Public Aid) under the Illinois Public Aid Code.
10        (22) Willful omission to file or record, or willfully
11    impeding the filing or recording, or inducing another
12    person to omit to file or record, medical reports as
13    required by law, or willfully failing to report an
14    instance of suspected abuse or neglect as required by law.
15        (23) Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    under the Abused and Neglected Child Reporting Act, and
18    upon proof by clear and convincing evidence that the
19    licensee has caused a child to be an abused child or
20    neglected child as defined in the Abused and Neglected
21    Child Reporting Act.
22        (24) Solicitation of professional patronage by any
23    corporation, agents or persons, or profiting from those
24    representing themselves to be agents of the licensee.
25        (25) Gross and willful and continued overcharging for
26    professional services, including filing false statements

 

 

SB2190- 7 -LRB102 13342 LNS 18686 b

1    for collection of fees for which services are not
2    rendered, including, but not limited to, filing such false
3    statements for collection of monies for services not
4    rendered from the medical assistance program of the
5    Department of Healthcare and Family Services (formerly
6    Department of Public Aid) under the Illinois Public Aid
7    Code.
8        (26) A pattern of practice or other behavior which
9    demonstrates incapacity or incompetence to practice under
10    this Act.
11        (27) Mental illness or disability which results in the
12    inability to practice under this Act with reasonable
13    judgment, skill, or safety.
14        (28) Physical illness, including, but not limited to,
15    deterioration through the aging process, or loss of motor
16    skill which results in a physician's inability to practice
17    under this Act with reasonable judgment, skill, or safety.
18        (29) Cheating on or attempt to subvert the licensing
19    examinations administered under this Act.
20        (30) Willfully or negligently violating the
21    confidentiality between physician and patient except as
22    required by law.
23        (31) The use of any false, fraudulent, or deceptive
24    statement in any document connected with practice under
25    this Act.
26        (32) Aiding and abetting an individual not licensed

 

 

SB2190- 8 -LRB102 13342 LNS 18686 b

1    under this Act in the practice of a profession licensed
2    under this Act.
3        (33) Violating state or federal laws or regulations
4    relating to controlled substances, legend drugs, or
5    ephedra as defined in the Ephedra Prohibition Act.
6        (34) Failure to report to the Department any adverse
7    final action taken against them by another licensing
8    jurisdiction (any other state or any territory of the
9    United States or any foreign state or country), by any
10    peer review body, by any health care institution, by any
11    professional society or association related to practice
12    under this Act, by any governmental agency, by any law
13    enforcement agency, or by any court for acts or conduct
14    similar to acts or conduct which would constitute grounds
15    for action as defined in this Section.
16        (35) Failure to report to the Department surrender of
17    a license or authorization to practice as a medical
18    doctor, a doctor of osteopathy, a doctor of osteopathic
19    medicine, or doctor of chiropractic in another state or
20    jurisdiction, or surrender of membership on any medical
21    staff or in any medical or professional association or
22    society, while under disciplinary investigation by any of
23    those authorities or bodies, for acts or conduct similar
24    to acts or conduct which would constitute grounds for
25    action as defined in this Section.
26        (36) Failure to report to the Department any adverse

 

 

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

 

 

SB2190- 10 -LRB102 13342 LNS 18686 b

1        (45) Entering into an excessive number of written
2    collaborative agreements with licensed prescribing
3    psychologists resulting in an inability to adequately
4    collaborate.
5        (46) Repeated failure to adequately collaborate with a
6    licensed prescribing psychologist.
7        (47) Willfully failing to report an instance of
8    suspected abuse, neglect, financial exploitation, or
9    self-neglect of an eligible adult as defined in and
10    required by the Adult Protective Services Act.
11        (48) Being named as an abuser in a verified report by
12    the Department on Aging under the Adult Protective
13    Services Act, and upon proof by clear and convincing
14    evidence that the licensee abused, neglected, or
15    financially exploited an eligible adult as defined in the
16    Adult Protective Services Act.
17        (49) Entering into an excessive number of written
18    collaborative agreements with licensed physician
19    assistants resulting in an inability to adequately
20    collaborate.
21        (50) Repeated failure to adequately collaborate with a
22    physician assistant.
23    Except for actions involving the ground numbered (26), all
24proceedings to suspend, revoke, place on probationary status,
25or take any other disciplinary action as the Department may
26deem proper, with regard to a license on any of the foregoing

 

 

SB2190- 11 -LRB102 13342 LNS 18686 b

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

 

 

SB2190- 12 -LRB102 13342 LNS 18686 b

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

 

 

SB2190- 13 -LRB102 13342 LNS 18686 b

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

 

 

SB2190- 14 -LRB102 13342 LNS 18686 b

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

 

 

SB2190- 15 -LRB102 13342 LNS 18686 b

1applicant and the examining physician or any member of the
2multidisciplinary team. No authorization is necessary from the
3licensee, permit holder, or applicant ordered to undergo an
4evaluation and examination for the examining physician or any
5member of the multidisciplinary team to provide information,
6reports, records, or other documents or to provide any
7testimony regarding the examination and evaluation. The
8individual to be examined may have, at his or her own expense,
9another physician of his or her choice present during all
10aspects of the examination. Failure of any individual to
11submit to mental or physical examination and evaluation, or
12both, when directed, shall result in an automatic suspension,
13without hearing, until such time as the individual submits to
14the examination. If the Disciplinary Board or Licensing Board
15finds a physician unable to practice following an examination
16and evaluation because of the reasons set forth in this
17Section, the Disciplinary Board or Licensing Board shall
18require such physician to submit to care, counseling, or
19treatment by physicians, or other health care professionals,
20approved or designated by the Disciplinary Board, as a
21condition for issued, continued, reinstated, or renewed
22licensure to practice. Any physician, whose license was
23granted pursuant to Sections 9, 17, or 19 of this Act, or,
24continued, reinstated, renewed, disciplined or supervised,
25subject to such terms, conditions, or restrictions who shall
26fail to comply with such terms, conditions, or restrictions,

 

 

SB2190- 16 -LRB102 13342 LNS 18686 b

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

 

 

SB2190- 17 -LRB102 13342 LNS 18686 b

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

 

 

SB2190- 18 -LRB102 13342 LNS 18686 b

1        (2) for experimental treatment for Lyme disease or
2    other tick-borne diseases, including, but not limited to,
3    the prescription of or treatment with long-term
4    antibiotics.
5    (D) (Blank). The Disciplinary Board shall recommend to the
6Department civil penalties and any other appropriate
7discipline in disciplinary cases when the Board finds that a
8physician willfully performed an abortion with actual
9knowledge that the person upon whom the abortion has been
10performed is a minor or an incompetent person without notice
11as required under the Parental Notice of Abortion Act of 1995.
12Upon the Board's recommendation, the Department shall impose,
13for the first violation, a civil penalty of $1,000 and for a
14second or subsequent violation, a civil penalty of $5,000.
15(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
16100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
171-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
18eff. 8-9-19; revised 9-20-19.)
 
19    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 23. Reports relating to professional conduct and
22capacity.
23    (A) Entities required to report.
24        (1) Health care institutions. The chief administrator
25    or executive officer of any health care institution

 

 

SB2190- 19 -LRB102 13342 LNS 18686 b

1    licensed by the Illinois Department of Public Health shall
2    report to the Disciplinary Board when any person's
3    clinical privileges are terminated or are restricted based
4    on a final determination made in accordance with that
5    institution's by-laws or rules and regulations that a
6    person has either committed an act or acts which may
7    directly threaten patient care or that a person may have a
8    mental or physical disability that may endanger patients
9    under that person's care. Such officer also shall report
10    if a person accepts voluntary termination or restriction
11    of clinical privileges in lieu of formal action based upon
12    conduct related directly to patient care or in lieu of
13    formal action seeking to determine whether a person may
14    have a mental or physical disability that may endanger
15    patients under that person's care. The Disciplinary Board
16    shall, by rule, provide for the reporting to it by health
17    care institutions of all instances in which a person,
18    licensed under this Act, who is impaired by reason of age,
19    drug or alcohol abuse or physical or mental impairment, is
20    under supervision and, where appropriate, is in a program
21    of rehabilitation. Such reports shall be strictly
22    confidential and may be reviewed and considered only by
23    the members of the Disciplinary Board, or by authorized
24    staff as provided by rules of the Disciplinary Board.
25    Provisions shall be made for the periodic report of the
26    status of any such person not less than twice annually in

 

 

SB2190- 20 -LRB102 13342 LNS 18686 b

1    order that the Disciplinary Board shall have current
2    information upon which to determine the status of any such
3    person. Such initial and periodic reports of impaired
4    physicians shall not be considered records within the
5    meaning of The State Records Act and shall be disposed of,
6    following a determination by the Disciplinary Board that
7    such reports are no longer required, in a manner and at
8    such time as the Disciplinary Board shall determine by
9    rule. The filing of such reports shall be construed as the
10    filing of a report for purposes of subsection (C) of this
11    Section.
12        (1.5) Clinical training programs. The program director
13    of any post-graduate clinical training program shall
14    report to the Disciplinary Board if a person engaged in a
15    post-graduate clinical training program at the
16    institution, including, but not limited to, a residency or
17    fellowship, separates from the program for any reason
18    prior to its conclusion. The program director shall
19    provide all documentation relating to the separation if,
20    after review of the report, the Disciplinary Board
21    determines that a review of those documents is necessary
22    to determine whether a violation of this Act occurred.
23        (2) Professional associations. The President or chief
24    executive officer of any association or society, of
25    persons licensed under this Act, operating within this
26    State shall report to the Disciplinary Board when the

 

 

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1    association or society renders a final determination that
2    a person has committed unprofessional conduct related
3    directly to patient care or that a person may have a mental
4    or physical disability that may endanger patients under
5    that person's care.
6        (3) Professional liability insurers. Every insurance
7    company which offers policies of professional liability
8    insurance to persons licensed under this Act, or any other
9    entity which seeks to indemnify the professional liability
10    of a person licensed under this Act, shall report to the
11    Disciplinary Board the settlement of any claim or cause of
12    action, or final judgment rendered in any cause of action,
13    which alleged negligence in the furnishing of medical care
14    by such licensed person when such settlement or final
15    judgment is in favor of the plaintiff.
16        (4) State's Attorneys. The State's Attorney of each
17    county shall report to the Disciplinary Board, within 5
18    days, any instances in which a person licensed under this
19    Act is convicted of any felony or Class A misdemeanor. The
20    State's Attorney of each county may report to the
21    Disciplinary Board through a verified complaint any
22    instance in which the State's Attorney believes that a
23    physician has willfully violated the notice requirements
24    of the Parental Notice of Abortion Act of 1995.
25        (5) State agencies. All agencies, boards, commissions,
26    departments, or other instrumentalities of the government

 

 

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1    of the State of Illinois shall report to the Disciplinary
2    Board any instance arising in connection with the
3    operations of such agency, including the administration of
4    any law by such agency, in which a person licensed under
5    this Act has either committed an act or acts which may be a
6    violation of this Act or which may constitute
7    unprofessional conduct related directly to patient care or
8    which indicates that a person licensed under this Act may
9    have a mental or physical disability that may endanger
10    patients under that person's care.
11    (B) Mandatory reporting. All reports required by items
12(34), (35), and (36) of subsection (A) of Section 22 and by
13Section 23 shall be submitted to the Disciplinary Board in a
14timely fashion. Unless otherwise provided in this Section, the
15reports shall be filed in writing within 60 days after a
16determination that a report is required under this Act. All
17reports shall contain the following information:
18        (1) The name, address and telephone number of the
19    person making the report.
20        (2) The name, address and telephone number of the
21    person who is the subject of the report.
22        (3) The name and date of birth of any patient or
23    patients whose treatment is a subject of the report, if
24    available, or other means of identification if such
25    information is not available, identification of the
26    hospital or other healthcare facility where the care at

 

 

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1    issue in the report was rendered, provided, however, no
2    medical records may be revealed.
3        (4) A brief description of the facts which gave rise
4    to the issuance of the report, including the dates of any
5    occurrences deemed to necessitate the filing of the
6    report.
7        (5) If court action is involved, the identity of the
8    court in which the action is filed, along with the docket
9    number and date of filing of the action.
10        (6) Any further pertinent information which the
11    reporting party deems to be an aid in the evaluation of the
12    report.
13    The Disciplinary Board or Department may also exercise the
14power under Section 38 of this Act to subpoena copies of
15hospital or medical records in mandatory report cases alleging
16death or permanent bodily injury. Appropriate rules shall be
17adopted by the Department with the approval of the
18Disciplinary Board.
19    When the Department has received written reports
20concerning incidents required to be reported in items (34),
21(35), and (36) of subsection (A) of Section 22, the licensee's
22failure to report the incident to the Department under those
23items shall not be the sole grounds for disciplinary action.
24    Nothing contained in this Section shall act to in any way,
25waive or modify the confidentiality of medical reports and
26committee reports to the extent provided by law. Any

 

 

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1information reported or disclosed shall be kept for the
2confidential use of the Disciplinary Board, the Medical
3Coordinators, the Disciplinary Board's attorneys, the medical
4investigative staff, and authorized clerical staff, as
5provided in this Act, and shall be afforded the same status as
6is provided information concerning medical studies in Part 21
7of Article VIII of the Code of Civil Procedure, except that the
8Department may disclose information and documents to a
9federal, State, or local law enforcement agency pursuant to a
10subpoena in an ongoing criminal investigation or to a health
11care licensing body or medical licensing authority of this
12State or another state or jurisdiction pursuant to an official
13request made by that licensing body or medical licensing
14authority. Furthermore, information and documents disclosed to
15a federal, State, or local law enforcement agency may be used
16by that agency only for the investigation and prosecution of a
17criminal offense, or, in the case of disclosure to a health
18care licensing body or medical licensing authority, only for
19investigations and disciplinary action proceedings with regard
20to a license. Information and documents disclosed to the
21Department of Public Health may be used by that Department
22only for investigation and disciplinary action regarding the
23license of a health care institution licensed by the
24Department of Public Health.
25    (C) Immunity from prosecution. Any individual or
26organization acting in good faith, and not in a wilful and

 

 

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1wanton manner, in complying with this Act by providing any
2report or other information to the Disciplinary Board or a
3peer review committee, or assisting in the investigation or
4preparation of such information, or by voluntarily reporting
5to the Disciplinary Board or a peer review committee
6information regarding alleged errors or negligence by a person
7licensed under this Act, or by participating in proceedings of
8the Disciplinary Board or a peer review committee, or by
9serving as a member of the Disciplinary Board or a peer review
10committee, shall not, as a result of such actions, be subject
11to criminal prosecution or civil damages.
12    (D) Indemnification. Members of the Disciplinary Board,
13the Licensing Board, the Medical Coordinators, the
14Disciplinary Board's attorneys, the medical investigative
15staff, physicians retained under contract to assist and advise
16the medical coordinators in the investigation, and authorized
17clerical staff shall be indemnified by the State for any
18actions occurring within the scope of services on the
19Disciplinary Board or Licensing Board, done in good faith and
20not wilful and wanton in nature. The Attorney General shall
21defend all such actions unless he or she determines either
22that there would be a conflict of interest in such
23representation or that the actions complained of were not in
24good faith or were wilful and wanton.
25    Should the Attorney General decline representation, the
26member shall have the right to employ counsel of his or her

 

 

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1choice, whose fees shall be provided by the State, after
2approval by the Attorney General, unless there is a
3determination by a court that the member's actions were not in
4good faith or were wilful and wanton.
5    The member must notify the Attorney General within 7 days
6of receipt of notice of the initiation of any action involving
7services of the Disciplinary Board. Failure to so notify the
8Attorney General shall constitute an absolute waiver of the
9right to a defense and indemnification.
10    The Attorney General shall determine within 7 days after
11receiving such notice, whether he or she will undertake to
12represent the member.
13    (E) Deliberations of Disciplinary Board. Upon the receipt
14of any report called for by this Act, other than those reports
15of impaired persons licensed under this Act required pursuant
16to the rules of the Disciplinary Board, the Disciplinary Board
17shall notify in writing, by certified mail, the person who is
18the subject of the report. Such notification shall be made
19within 30 days of receipt by the Disciplinary Board of the
20report.
21    The notification shall include a written notice setting
22forth the person's right to examine the report. Included in
23such notification shall be the address at which the file is
24maintained, the name of the custodian of the reports, and the
25telephone number at which the custodian may be reached. The
26person who is the subject of the report shall submit a written

 

 

SB2190- 27 -LRB102 13342 LNS 18686 b

1statement responding, clarifying, adding to, or proposing the
2amending of the report previously filed. The person who is the
3subject of the report shall also submit with the written
4statement any medical records related to the report. The
5statement and accompanying medical records shall become a
6permanent part of the file and must be received by the
7Disciplinary Board no more than 30 days after the date on which
8the person was notified by the Disciplinary Board of the
9existence of the original report.
10    The Disciplinary Board shall review all reports received
11by it, together with any supporting information and responding
12statements submitted by persons who are the subject of
13reports. The review by the Disciplinary Board shall be in a
14timely manner but in no event, shall the Disciplinary Board's
15initial review of the material contained in each disciplinary
16file be less than 61 days nor more than 180 days after the
17receipt of the initial report by the Disciplinary Board.
18    When the Disciplinary Board makes its initial review of
19the materials contained within its disciplinary files, the
20Disciplinary Board shall, in writing, make a determination as
21to whether there are sufficient facts to warrant further
22investigation or action. Failure to make such determination
23within the time provided shall be deemed to be a determination
24that there are not sufficient facts to warrant further
25investigation or action.
26    Should the Disciplinary Board find that there are not

 

 

SB2190- 28 -LRB102 13342 LNS 18686 b

1sufficient facts to warrant further investigation, or action,
2the report shall be accepted for filing and the matter shall be
3deemed closed and so reported to the Secretary. The Secretary
4shall then have 30 days to accept the Disciplinary Board's
5decision or request further investigation. The Secretary shall
6inform the Board of the decision to request further
7investigation, including the specific reasons for the
8decision. The individual or entity filing the original report
9or complaint and the person who is the subject of the report or
10complaint shall be notified in writing by the Secretary of any
11final action on their report or complaint. The Department
12shall disclose to the individual or entity who filed the
13original report or complaint, on request, the status of the
14Disciplinary Board's review of a specific report or complaint.
15Such request may be made at any time, including prior to the
16Disciplinary Board's determination as to whether there are
17sufficient facts to warrant further investigation or action.
18    (F) Summary reports. The Disciplinary Board shall prepare,
19on a timely basis, but in no event less than once every other
20month, a summary report of final disciplinary actions taken
21upon disciplinary files maintained by the Disciplinary Board.
22The summary reports shall be made available to the public upon
23request and payment of the fees set by the Department. This
24publication may be made available to the public on the
25Department's website. Information or documentation relating to
26any disciplinary file that is closed without disciplinary

 

 

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1action taken shall not be disclosed and shall be afforded the
2same status as is provided by Part 21 of Article VIII of the
3Code of Civil Procedure.
4    (G) Any violation of this Section shall be a Class A
5misdemeanor.
6    (H) If any such person violates the provisions of this
7Section an action may be brought in the name of the People of
8the State of Illinois, through the Attorney General of the
9State of Illinois, for an order enjoining such violation or
10for an order enforcing compliance with this Section. Upon
11filing of a verified petition in such court, the court may
12issue a temporary restraining order without notice or bond and
13may preliminarily or permanently enjoin such violation, and if
14it is established that such person has violated or is
15violating the injunction, the court may punish the offender
16for contempt of court. Proceedings under this paragraph shall
17be in addition to, and not in lieu of, all other remedies and
18penalties provided for by this Section.
19(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)
 
20    Section 15. The Consent by Minors to Health Care Services
21Act is amended by changing Section 1.5 as follows:
 
22    (410 ILCS 210/1.5)
23    Sec. 1.5. Consent by minor seeking care for limited
24primary care services.

 

 

SB2190- 30 -LRB102 13342 LNS 18686 b

1    (a) The consent to the performance of primary care
2services by a physician licensed to practice medicine in all
3its branches, a licensed advanced practice registered nurse, a
4licensed physician assistant, a chiropractic physician, or a
5licensed optometrist executed by a minor seeking care is not
6voidable because of such minority, and for such purpose, a
7minor seeking care is deemed to have the same legal capacity to
8act and has the same powers and obligations as has a person of
9legal age under the following circumstances:
10        (1) the health care professional reasonably believes
11    that the minor seeking care understands the benefits and
12    risks of any proposed primary care or services; and
13        (2) the minor seeking care is identified in writing as
14    a minor seeking care by:
15            (A) an adult relative;
16            (B) a representative of a homeless service agency
17        that receives federal, State, county, or municipal
18        funding to provide those services or that is otherwise
19        sanctioned by a local continuum of care;
20            (C) an attorney licensed to practice law in this
21        State;
22            (D) a public school homeless liaison or school
23        social worker;
24            (E) a social service agency providing services to
25        at risk, homeless, or runaway youth; or
26            (F) a representative of a religious organization.

 

 

SB2190- 31 -LRB102 13342 LNS 18686 b

1    (b) A health care professional rendering primary care
2services under this Section shall not incur civil or criminal
3liability for failure to obtain valid consent or professional
4discipline for failure to obtain valid consent if he or she
5relied in good faith on the representations made by the minor
6or the information provided under paragraph (2) of subsection
7(a) of this Section. Under such circumstances, good faith
8shall be presumed.
9    (c) The confidential nature of any communication between a
10health care professional described in Section 1 of this Act
11and a minor seeking care is not waived (1) by the presence, at
12the time of communication, of any additional persons present
13at the request of the minor seeking care, (2) by the health
14care professional's disclosure of confidential information to
15the additional person with the consent of the minor seeking
16care, when reasonably necessary to accomplish the purpose for
17which the additional person is consulted, or (3) by the health
18care professional billing a health benefit insurance or plan
19under which the minor seeking care is insured, is enrolled, or
20has coverage for the services provided.
21    (d) Nothing in this Section shall be construed to limit or
22expand a minor's existing powers and obligations under any
23federal, State, or local law. Nothing in this Section shall be
24construed to affect the Parental Notice of Abortion Act of
251995. Nothing in this Section affects the right or authority
26of a parent or legal guardian to verbally, in writing, or

 

 

SB2190- 32 -LRB102 13342 LNS 18686 b

1otherwise authorize health care services to be provided for a
2minor in their absence.
3    (e) For the purposes of this Section:
4    "Minor seeking care" means a person at least 14 years of
5age but less than 18 years of age who is living separate and
6apart from his or her parents or legal guardian, whether with
7or without the consent of a parent or legal guardian who is
8unable or unwilling to return to the residence of a parent, and
9managing his or her own personal affairs. "Minor seeking care"
10does not include minors who are under the protective custody,
11temporary custody, or guardianship of the Department of
12Children and Family Services.
13    "Primary care services" means health care services that
14include screening, counseling, immunizations, medication, and
15treatment of illness and conditions customarily provided by
16licensed health care professionals in an out-patient setting,
17eye care services, excluding advanced optometric procedures,
18provided by optometrists, and services provided by
19chiropractic physicians according to the scope of practice of
20chiropractic physicians under the Medical Practice Act of
211987. "Primary care services" does not include invasive care,
22beyond standard injections, laceration care, or non-surgical
23fracture care.
24(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
25100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
 

 

 

SB2190- 33 -LRB102 13342 LNS 18686 b

1    (750 ILCS 70/Act rep.)
2    Section 20. The Parental Notice of Abortion Act of 1995 is
3repealed.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.