Full Text of HB2407 96th General Assembly
HB2407 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2407
Introduced 2/19/2009, by Rep. Karen May SYNOPSIS AS INTRODUCED: |
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New Act |
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225 ILCS 25/23 |
from Ch. 111, par. 2323 |
225 ILCS 60/22 |
from Ch. 111, par. 4400-22 |
225 ILCS 65/70-5 | was 225 ILCS 65/10-45 |
225 ILCS 80/24 |
from Ch. 111, par. 3924 |
225 ILCS 95/21 |
from Ch. 111, par. 4621 |
225 ILCS 100/24 |
from Ch. 111, par. 4824 |
225 ILCS 115/25 |
from Ch. 111, par. 7025 |
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Creates the Internet Prescribing Prohibition Act. Provides that licensed prescribers may not knowingly prescribe medications for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless (1) the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including health history and a physical examination, to establish the diagnosis for which any legend drug is prescribed; (2) the prescriber and the patient have discussed treatment options and the risks and benefits of treatment; and (3) the prescriber has maintained the patient's medical records. Provides that these provisions shall not be construed to prohibit patient care in certain circumstances or to prevent the electronic distribution of a prescription to a pharmacy. Provides that a person convicted of violating these provisions is guilty of a business offense and shall be fined not less than $1,000 for the first violation and not less than $2,000 for a second or subsequent violation. Requires a person convicted of violating the Act to be reported to the Division of Professional Regulation of the Department of Financial and Professional Regulation for appropriate licensing board review. Amends the Illinois Dental Practice Act, Medical Practice Act of 1987, Nurse Practice Act, Illinois Optometric Practice Act of 1987, Physician Assistant Practice Act of 1987, Podiatric Medical Practice Act of 1987, and Veterinary Medicine and Surgery Practice Act of 2004 to provide that a violation of the Internet Prescribing Prohibition Act constitutes grounds for disciplinary action under those Acts.
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A BILL FOR
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HB2407 |
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| AN ACT concerning health professions.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Internet Prescribing Prohibition Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Division" means the Division of Professional Regulation | 8 |
| of the Department of Financial and Professional Regulation. | 9 |
| "Licensed prescribers" means physicians licensed to | 10 |
| practice medicine in all its branches, licensed podiatrists, | 11 |
| therapeutically-certified optometrists, licensed dentists, | 12 |
| licensed veterinarians, licensed physician assistants who have | 13 |
| been delegated prescriptive authority by a supervising | 14 |
| physician, and licensed advanced practice registered nurses | 15 |
| who have a written collaborative agreement with a collaborating | 16 |
| physician that authorizes prescriptive authority. | 17 |
| Section 10. Prohibition on Internet prescribing. | 18 |
| (a) Illinois licensed prescribers may not knowingly | 19 |
| prescribe medications for a patient via the Internet, World | 20 |
| Wide Web, telephone, facsimile, or any other electronic means | 21 |
| unless the following elements have been met: | 22 |
| (1) the patient has been physically examined by the |
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| prescriber or has been given a documented patient | 2 |
| evaluation, including health history and a physical | 3 |
| examination, to establish the diagnosis for which any | 4 |
| legend drug is prescribed; | 5 |
| (2) the prescriber and the patient have discussed | 6 |
| treatment options and the risks and benefits of treatment; | 7 |
| and | 8 |
| (3) the prescriber has maintained the patient's | 9 |
| medical records. | 10 |
| (b) The provisions of subdivision (1) of subsection (a) of | 11 |
| this Section are not applicable in an emergency situation. For | 12 |
| purposes of this Section, an emergency situation means those | 13 |
| situations in which the prescriber determines that the | 14 |
| immediate administration of the medication is necessary for the | 15 |
| proper treatment of the patient and it is not reasonably | 16 |
| possible for the prescriber to comply with the provisions of | 17 |
| this Section prior to providing such prescription. | 18 |
| (c) The provisions of subdivision (1) of subsection (a) of | 19 |
| this Section shall not be construed to prohibit patient care in | 20 |
| the following circumstances: | 21 |
| (1) in consultation with another health care | 22 |
| professional who has an ongoing relationship with the | 23 |
| patient and who has agreed to supervise the patient's | 24 |
| treatment, including the use of any prescribed | 25 |
| medications; | 26 |
| (2) on-call or cross-coverage situations in which a |
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| prescriber provides care for another prescriber's | 2 |
| patients; | 3 |
| (3) admission orders for a newly hospitalized patient; | 4 |
| (4) orders for patients in long-term care facilities or | 5 |
| hospitals recommended by registered professional nurses; | 6 |
| (5) continuing medications on a short-term basis for a | 7 |
| new patient prior to the first appointment; and | 8 |
| (6) a prescriber or his or her designee from | 9 |
| electronically or telephonically prescribing medication | 10 |
| for a patient with an existing physician-patient | 11 |
| relationship with the prescriber. | 12 |
| (d) Nothing in this Section shall be construed to prevent | 13 |
| the electronic distribution of a prescription to a pharmacy. | 14 |
| Section 15. Penalties. A person convicted of violating this | 15 |
| Act is guilty of a business offense and shall be fined not less | 16 |
| than $1,000 for the first violation and not less than $2,000 | 17 |
| for a second or subsequent violation. A person convicted of | 18 |
| violating this Act must be reported to the Division for | 19 |
| appropriate licensing board review.
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| Section 90. The Illinois Dental Practice Act is amended by | 21 |
| changing Section 23 as follows:
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| (225 ILCS 25/23) (from Ch. 111, par. 2323)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 23. Refusal, revocation or suspension of dental | 2 |
| licenses. The
Department may refuse to issue or renew, or may | 3 |
| revoke, suspend, place on
probation, reprimand or take other | 4 |
| disciplinary action as the Department
may deem proper, | 5 |
| including fines not to exceed $10,000 per violation, with
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| regard to any license for any one or any combination of
the | 7 |
| following causes:
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| 1. Fraud in procuring the license.
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| 2. Habitual intoxication or addiction to the use of | 10 |
| drugs.
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| 3. Willful or repeated violations of the rules of the | 12 |
| Department of
Public Health or Department of Nuclear | 13 |
| Safety.
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| 4. Acceptance of a fee for service as a witness, | 15 |
| without the
knowledge of the court, in addition to the fee | 16 |
| allowed by the court.
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| 5. Division of fees or agreeing to split or divide the | 18 |
| fees received
for dental services with any person for | 19 |
| bringing or referring a patient,
except in regard to | 20 |
| referral services as provided for under Section 45,
or | 21 |
| assisting in the care or treatment of a patient,
without | 22 |
| the
knowledge of the patient or his legal representative.
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| 6. Employing, procuring, inducing, aiding or abetting | 24 |
| a person not
licensed or registered as a dentist to engage | 25 |
| in the practice of
dentistry. The person practiced upon is | 26 |
| not an accomplice, employer,
procurer, inducer, aider, or |
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| abetter within the meaning of this Act.
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| 7. Making any misrepresentations or false promises, | 3 |
| directly or
indirectly, to influence, persuade or induce | 4 |
| dental patronage.
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| 8. Professional connection or association with or | 6 |
| lending his name
to another for the illegal practice of | 7 |
| dentistry by another, or
professional connection or | 8 |
| association with any person, firm or
corporation holding | 9 |
| himself, herself, themselves, or itself out in any manner
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| contrary to this Act.
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| 9. Obtaining or seeking to obtain practice, money, or | 12 |
| any other
things of value by false or fraudulent | 13 |
| representations, but
not limited to, engaging in such | 14 |
| fraudulent practice to defraud the
medical assistance | 15 |
| program of the Department of Healthcare and Family Services | 16 |
| (formerly Department of Public Aid).
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| 10. Practicing under a name other than his or her own.
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| 11. Engaging in dishonorable,
unethical, or | 19 |
| unprofessional conduct of a character likely to deceive,
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| defraud, or harm the public.
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| 12. Conviction in this or another State of any crime | 22 |
| which is a
felony under the laws of this State or | 23 |
| conviction of a felony in a
federal court, conviction of a | 24 |
| misdemeanor, an essential element of which
is dishonesty, | 25 |
| or conviction of any crime which is directly related to the
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| practice of dentistry or dental hygiene.
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| 13. Permitting a dental hygienist, dental assistant or | 2 |
| other person
under his or her supervision to perform
any | 3 |
| operation not authorized by this Act.
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| 14. Permitting more than 4 dental hygienists to be | 5 |
| employed under
his supervision at any one time.
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| 15. A violation of any provision of this
Act or any | 7 |
| rules promulgated under this Act.
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| 16. Taking impressions for or using the services of any | 9 |
| person, firm
or corporation violating this Act.
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| 17. Violating any provision of Section 45 relating to | 11 |
| advertising.
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| 18. Discipline by another U.S. jurisdiction or foreign | 13 |
| nation,
if at least one of the grounds for the discipline | 14 |
| is the
same or substantially equivalent to those set forth | 15 |
| within this Act.
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| 19. Willfully failing to report an instance of | 17 |
| suspected child abuse or
neglect as required by the Abused | 18 |
| and Neglected Child Reporting
Act.
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| 20. Gross or repeated malpractice resulting in injury | 20 |
| or death of a patient.
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| 21. The use or prescription for use of narcotics or | 22 |
| controlled substances
or designated products as listed in | 23 |
| the Illinois Controlled Substances
Act, in any way other | 24 |
| than for therapeutic purposes.
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| 22. Willfully making or filing false records or reports | 26 |
| in his practice
as a dentist, including, but not limited |
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| to, false records to support claims
against the dental | 2 |
| assistance program of the Department of Healthcare and | 3 |
| Family Services (formerly
Illinois Department of Public
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| Aid).
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| 23. Professional incompetence as manifested by poor | 6 |
| standards of care.
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| 24. Physical or mental illness, including, but not | 8 |
| limited to,
deterioration
through
the aging process, or | 9 |
| loss of motor skills which results in a dentist's
inability | 10 |
| to practice dentistry with reasonable judgment, skill or | 11 |
| safety. In
enforcing this paragraph, the Department may | 12 |
| compel a person licensed to
practice under this Act to | 13 |
| submit to a mental or physical examination pursuant
to the | 14 |
| terms and conditions of Section 23b.
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| 25. Repeated irregularities in billing a third party | 16 |
| for services rendered
to a patient. For purposes of this | 17 |
| paragraph 25, "irregularities in billing"
shall include:
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| (a) Reporting excessive charges for the purpose of | 19 |
| obtaining a total
payment
in excess of that usually | 20 |
| received by the dentist for the services rendered.
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| (b) Reporting charges for services not rendered.
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| (c) Incorrectly reporting services rendered for | 23 |
| the purpose of obtaining
payment not earned.
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| 26. Continuing the active practice of dentistry while | 25 |
| knowingly having
any infectious, communicable, or | 26 |
| contagious disease proscribed by rule or
regulation of the |
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| Department.
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| 27. Being named as a perpetrator in an indicated report | 3 |
| by the
Department of Children and Family Services pursuant | 4 |
| to the Abused and
Neglected Child Reporting Act, and upon
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| proof by clear and convincing evidence that the licensee | 6 |
| has
caused a child to be an abused child or neglected child | 7 |
| as defined in the
Abused and Neglected Child Reporting Act.
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| 28. Violating the Health Care Worker Self-Referral | 9 |
| Act.
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| 29. Abandonment of a patient.
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| 30. Mental incompetency as declared by a court of | 12 |
| competent
jurisdiction.
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| 31. Violating any provision of the Internet | 14 |
| Prescribing Prohibition Act.
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| All proceedings to suspend, revoke, place on probationary | 16 |
| status, or
take any other disciplinary action as the Department | 17 |
| may deem proper, with
regard to a license on any of the | 18 |
| foregoing grounds, must be commenced
within 3 years after | 19 |
| receipt by the Department of a complaint alleging the
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| commission of or notice of the conviction order for any of the | 21 |
| acts
described herein. Except for fraud in procuring a license, | 22 |
| no
action shall be commenced more than 5 years after the date | 23 |
| of the incident
or act alleged to have violated this Section. | 24 |
| The time during which the
holder of the license was outside the | 25 |
| State of Illinois shall not be
included within any period of | 26 |
| time limiting the commencement of
disciplinary action by the |
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| Department.
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| The Department may refuse to issue or may suspend the | 3 |
| license of any
person who fails to file a return, or to pay the | 4 |
| tax, penalty or interest
shown in a filed return, or to pay any | 5 |
| final assessment of tax, penalty or
interest, as required by | 6 |
| any tax Act administered by the Illinois
Department of Revenue, | 7 |
| until such time as the requirements of
any such tax Act are | 8 |
| satisfied.
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| (Source: P.A. 94-1014, eff. 7-7-06.)
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| Section 95. The Medical Practice Act of 1987 is amended by | 11 |
| changing Section 22 as follows:
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| (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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| (Section scheduled to be repealed on December 31, 2010)
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| Sec. 22. Disciplinary action.
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| (A) The Department may revoke, suspend, place on | 16 |
| probationary
status, refuse to renew, or take any other | 17 |
| disciplinary action as the Department may deem proper
with | 18 |
| regard to the license or visiting professor permit of any | 19 |
| person issued
under this Act to practice medicine, or to treat | 20 |
| human ailments without the use
of drugs and without operative | 21 |
| surgery upon any of the following grounds:
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| (1) Performance of an elective abortion in any place, | 23 |
| locale,
facility, or
institution other than:
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| (a) a facility licensed pursuant to the Ambulatory |
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| Surgical Treatment
Center Act;
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| (b) an institution licensed under the Hospital | 3 |
| Licensing Act; or
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| (c) an ambulatory surgical treatment center or | 5 |
| hospitalization or care
facility maintained by the | 6 |
| State or any agency thereof, where such department
or | 7 |
| agency has authority under law to establish and enforce | 8 |
| standards for the
ambulatory surgical treatment | 9 |
| centers, hospitalization, or care facilities
under its | 10 |
| management and control; or
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| (d) ambulatory surgical treatment centers, | 12 |
| hospitalization or care
facilities maintained by the | 13 |
| Federal Government; or
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| (e) ambulatory surgical treatment centers, | 15 |
| hospitalization or care
facilities maintained by any | 16 |
| university or college established under the laws
of | 17 |
| this State and supported principally by public funds | 18 |
| raised by
taxation.
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| (2) Performance of an abortion procedure in a wilful | 20 |
| and wanton
manner on a
woman who was not pregnant at the | 21 |
| time the abortion procedure was
performed.
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| (3) The conviction of a felony in this or any other
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| jurisdiction, except as
otherwise provided in subsection B | 24 |
| of this Section, whether or not related to
practice under | 25 |
| this Act, or the entry of a guilty or nolo contendere plea | 26 |
| to a
felony charge.
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| (4) Gross negligence in practice under this Act.
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| (5) Engaging in dishonorable, unethical or | 3 |
| unprofessional
conduct of a
character likely to deceive, | 4 |
| defraud or harm the public.
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| (6) Obtaining any fee by fraud, deceit, or
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| misrepresentation.
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| (7) Habitual or excessive use or abuse of drugs defined | 8 |
| in law
as
controlled substances, of alcohol, or of any | 9 |
| other substances which results in
the inability to practice | 10 |
| with reasonable judgment, skill or safety.
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| (8) Practicing under a false or, except as provided by | 12 |
| law, an
assumed
name.
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| (9) Fraud or misrepresentation in applying for, or | 14 |
| procuring, a
license
under this Act or in connection with | 15 |
| applying for renewal of a license under
this Act.
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| (10) Making a false or misleading statement regarding | 17 |
| their
skill or the
efficacy or value of the medicine, | 18 |
| treatment, or remedy prescribed by them at
their direction | 19 |
| in the treatment of any disease or other condition of the | 20 |
| body
or mind.
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| (11) Allowing another person or organization to use | 22 |
| their
license, procured
under this Act, to practice.
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| (12) Disciplinary action of another state or | 24 |
| jurisdiction
against a license
or other authorization to | 25 |
| practice as a medical doctor, doctor of osteopathy,
doctor | 26 |
| of osteopathic medicine or
doctor of chiropractic, a |
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| certified copy of the record of the action taken by
the | 2 |
| other state or jurisdiction being prima facie evidence | 3 |
| thereof.
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| (13) Violation of any provision of this Act or of the | 5 |
| Medical
Practice Act
prior to the repeal of that Act, or | 6 |
| violation of the rules, or a final
administrative action of | 7 |
| the Secretary, after consideration of the
recommendation | 8 |
| of the Disciplinary Board.
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| (14) Dividing with anyone other than physicians with | 10 |
| whom the
licensee
practices in a partnership, Professional | 11 |
| Association, limited liability
company, or Medical or | 12 |
| Professional
Corporation any fee, commission, rebate or | 13 |
| other form of compensation for any
professional services | 14 |
| not actually and personally rendered. Nothing contained
in | 15 |
| this subsection prohibits persons holding valid and | 16 |
| current licenses under
this Act from practicing medicine in | 17 |
| partnership under a partnership
agreement, including a | 18 |
| limited liability partnership, in a limited liability
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| company under the Limited Liability Company Act, in a | 20 |
| corporation authorized by
the Medical Corporation Act, as | 21 |
| an
association authorized by the Professional Association | 22 |
| Act, or in a
corporation under the
Professional Corporation | 23 |
| Act or from pooling, sharing, dividing or
apportioning the | 24 |
| fees and monies received by them or by the partnership,
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| corporation or association in accordance with the | 26 |
| partnership agreement or the
policies of the Board of |
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| Directors of the corporation or association. Nothing
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| contained in this subsection prohibits 2 or more | 3 |
| corporations authorized by the
Medical Corporation Act, | 4 |
| from forming a partnership or joint venture of such
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| corporations, and providing medical, surgical and | 6 |
| scientific research and
knowledge by employees of these | 7 |
| corporations if such employees are licensed
under this Act, | 8 |
| or from pooling, sharing, dividing, or apportioning the | 9 |
| fees
and monies received by the partnership or joint | 10 |
| venture in accordance with the
partnership or joint venture | 11 |
| agreement. Nothing contained in this subsection
shall | 12 |
| abrogate the right of 2 or more persons, holding valid and | 13 |
| current
licenses under this Act, to each receive adequate | 14 |
| compensation for concurrently
rendering professional | 15 |
| services to a patient and divide a fee; provided, the
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| patient has full knowledge of the division, and, provided, | 17 |
| that the division is
made in proportion to the services | 18 |
| performed and responsibility assumed by
each.
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| (15) A finding by the Medical Disciplinary Board that | 20 |
| the
registrant after
having his or her license placed on | 21 |
| probationary status or subjected to
conditions or | 22 |
| restrictions violated the terms of the probation or failed | 23 |
| to
comply with such terms or conditions.
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| (16) Abandonment of a patient.
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| (17) Prescribing, selling, administering, | 26 |
| distributing, giving
or
self-administering any drug |
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| classified as a controlled substance (designated
product) | 2 |
| or narcotic for other than medically accepted therapeutic
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| purposes.
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| (18) Promotion of the sale of drugs, devices, | 5 |
| appliances or
goods provided
for a patient in such manner | 6 |
| as to exploit the patient for financial gain of
the | 7 |
| physician.
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| (19) Offering, undertaking or agreeing to cure or treat
| 9 |
| disease by a secret
method, procedure, treatment or | 10 |
| medicine, or the treating, operating or
prescribing for any | 11 |
| human condition by a method, means or procedure which the
| 12 |
| licensee refuses to divulge upon demand of the Department.
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| (20) Immoral conduct in the commission of any act | 14 |
| including,
but not limited to, commission of an act of | 15 |
| sexual misconduct related to the
licensee's
practice.
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| (21) Wilfully making or filing false records or reports | 17 |
| in his
or her
practice as a physician, including, but not | 18 |
| limited to, false records to
support claims against the | 19 |
| medical assistance program of the Department of Healthcare | 20 |
| and Family Services (formerly Department of
Public Aid)
| 21 |
| under the Illinois Public Aid Code.
| 22 |
| (22) Wilful omission to file or record, or wilfully | 23 |
| impeding
the filing or
recording, or inducing another | 24 |
| person to omit to file or record, medical
reports as | 25 |
| required by law, or wilfully failing to report an instance | 26 |
| of
suspected abuse or neglect as required by law.
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| (23) Being named as a perpetrator in an indicated | 2 |
| report by
the Department
of Children and Family Services | 3 |
| under the Abused and Neglected Child Reporting
Act, and | 4 |
| upon proof by clear and convincing evidence that the | 5 |
| licensee has
caused a child to be an abused child or | 6 |
| neglected child as defined in the
Abused and Neglected | 7 |
| Child Reporting Act.
| 8 |
| (24) Solicitation of professional patronage by any
| 9 |
| corporation, agents or
persons, or profiting from those | 10 |
| representing themselves to be agents of the
licensee.
| 11 |
| (25) Gross and wilful and continued overcharging for
| 12 |
| professional services,
including filing false statements | 13 |
| for collection of fees for which services are
not rendered, | 14 |
| including, but not limited to, filing such false statements | 15 |
| for
collection of monies for services not rendered from the | 16 |
| medical assistance
program of the Department of Healthcare | 17 |
| and Family Services (formerly Department of Public Aid)
| 18 |
| under the Illinois Public Aid
Code.
| 19 |
| (26) A pattern of practice or other behavior which
| 20 |
| demonstrates
incapacity
or incompetence to practice under | 21 |
| this Act.
| 22 |
| (27) Mental illness or disability which results in the
| 23 |
| inability to
practice under this Act with reasonable | 24 |
| judgment, skill or safety.
| 25 |
| (28) Physical illness, including, but not limited to,
| 26 |
| deterioration through
the aging process, or loss of motor |
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| skill which results in a physician's
inability to practice | 2 |
| under this Act with reasonable judgment, skill or
safety.
| 3 |
| (29) Cheating on or attempt to subvert the licensing
| 4 |
| examinations
administered under this Act.
| 5 |
| (30) Wilfully or negligently violating the | 6 |
| confidentiality
between
physician and patient except as | 7 |
| required by law.
| 8 |
| (31) The use of any false, fraudulent, or deceptive | 9 |
| statement
in any
document connected with practice under | 10 |
| this Act.
| 11 |
| (32) Aiding and abetting an individual not licensed | 12 |
| under this
Act in the
practice of a profession licensed | 13 |
| under this Act.
| 14 |
| (33) Violating state or federal laws or regulations | 15 |
| relating
to controlled
substances, legend
drugs, or | 16 |
| ephedra, as defined in the Ephedra Prohibition Act.
| 17 |
| (34) Failure to report to the Department any adverse | 18 |
| final
action taken
against them by another licensing | 19 |
| jurisdiction (any other state or any
territory of the | 20 |
| United States or any foreign state or country), by any peer
| 21 |
| review body, by any health care institution, by any | 22 |
| professional society or
association related to practice | 23 |
| under this Act, by any governmental agency, by
any law | 24 |
| enforcement agency, or by any court for acts or conduct | 25 |
| similar to acts
or conduct which would constitute grounds | 26 |
| for action as defined in this
Section.
|
|
|
|
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| (35) Failure to report to the Department surrender of a
| 2 |
| license or
authorization to practice as a medical doctor, a | 3 |
| doctor of osteopathy, a
doctor of osteopathic medicine, or | 4 |
| doctor
of chiropractic in another state or jurisdiction, or | 5 |
| surrender of membership on
any medical staff or in any | 6 |
| medical or professional association or society,
while | 7 |
| under disciplinary investigation by any of those | 8 |
| authorities or bodies,
for acts or conduct similar to acts | 9 |
| or conduct which would constitute grounds
for action as | 10 |
| defined in this Section.
| 11 |
| (36) Failure to report to the Department any adverse | 12 |
| judgment,
settlement,
or award arising from a liability | 13 |
| claim related to acts or conduct similar to
acts or conduct | 14 |
| which would constitute grounds for action as defined in | 15 |
| this
Section.
| 16 |
| (37) Failure to transfer copies of medical records as | 17 |
| required
by law.
| 18 |
| (38) Failure to furnish the Department, its | 19 |
| investigators or
representatives, relevant information, | 20 |
| legally requested by the Department
after consultation | 21 |
| with the Chief Medical Coordinator or the Deputy Medical
| 22 |
| Coordinator.
| 23 |
| (39) Violating the Health Care Worker Self-Referral
| 24 |
| Act.
| 25 |
| (40) Willful failure to provide notice when notice is | 26 |
| required
under the
Parental Notice of Abortion Act of 1995.
|
|
|
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| 1 |
| (41) Failure to establish and maintain records of | 2 |
| patient care and
treatment as required by this law.
| 3 |
| (42) Entering into an excessive number of written | 4 |
| collaborative
agreements with licensed advanced practice | 5 |
| nurses resulting in an inability to
adequately collaborate | 6 |
| and provide medical direction.
| 7 |
| (43) Repeated failure to adequately collaborate with | 8 |
| or provide medical
direction to a licensed advanced | 9 |
| practice nurse.
| 10 |
| (44) Violating any provision of the Internet | 11 |
| Prescribing Prohibition Act.
| 12 |
| Except
for actions involving the ground numbered (26), all | 13 |
| proceedings to suspend,
revoke, place on probationary status, | 14 |
| or take any
other disciplinary action as the Department may | 15 |
| deem proper, with regard to a
license on any of the foregoing | 16 |
| grounds, must be commenced within 5 years next
after receipt by | 17 |
| the Department of a complaint alleging the commission of or
| 18 |
| notice of the conviction order for any of the acts described | 19 |
| herein. Except
for the grounds numbered (8), (9), (26), and | 20 |
| (29), no action shall be commenced more
than 10 years after the | 21 |
| date of the incident or act alleged to have violated
this | 22 |
| Section. For actions involving the ground numbered (26), a | 23 |
| pattern of practice or other behavior includes all incidents | 24 |
| alleged to be part of the pattern of practice or other behavior | 25 |
| that occurred or a report pursuant to Section 23 of this Act | 26 |
| received within the 10-year period preceding the filing of the |
|
|
|
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| 1 |
| complaint. In the event of the settlement of any claim or cause | 2 |
| of action
in favor of the claimant or the reduction to final | 3 |
| judgment of any civil action
in favor of the plaintiff, such | 4 |
| claim, cause of action or civil action being
grounded on the | 5 |
| allegation that a person licensed under this Act was negligent
| 6 |
| in providing care, the Department shall have an additional | 7 |
| period of 2 years
from the date of notification to the | 8 |
| Department under Section 23 of this Act
of such settlement or | 9 |
| final judgment in which to investigate and
commence formal | 10 |
| disciplinary proceedings under Section 36 of this Act, except
| 11 |
| as otherwise provided by law. The time during which the holder | 12 |
| of the license
was outside the State of Illinois shall not be | 13 |
| included within any period of
time limiting the commencement of | 14 |
| disciplinary action by the Department.
| 15 |
| The entry of an order or judgment by any circuit court | 16 |
| establishing that any
person holding a license under this Act | 17 |
| is a person in need of mental treatment
operates as a | 18 |
| suspension of that license. That person may resume their
| 19 |
| practice only upon the entry of a Departmental order based upon | 20 |
| a finding by
the Medical Disciplinary Board that they have been | 21 |
| determined to be recovered
from mental illness by the court and | 22 |
| upon the Disciplinary Board's
recommendation that they be | 23 |
| permitted to resume their practice.
| 24 |
| The Department may refuse to issue or take disciplinary | 25 |
| action concerning the license of any person
who fails to file a | 26 |
| return, or to pay the tax, penalty or interest shown in a
filed |
|
|
|
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| return, or to pay any final assessment of tax, penalty or | 2 |
| interest, as
required by any tax Act administered by the | 3 |
| Illinois Department of Revenue,
until such time as the | 4 |
| requirements of any such tax Act are satisfied as
determined by | 5 |
| the Illinois Department of Revenue.
| 6 |
| The Department, upon the recommendation of the | 7 |
| Disciplinary Board, shall
adopt rules which set forth standards | 8 |
| to be used in determining:
| 9 |
| (a) when a person will be deemed sufficiently | 10 |
| rehabilitated to warrant the
public trust;
| 11 |
| (b) what constitutes dishonorable, unethical or | 12 |
| unprofessional conduct of
a character likely to deceive, | 13 |
| defraud, or harm the public;
| 14 |
| (c) what constitutes immoral conduct in the commission | 15 |
| of any act,
including, but not limited to, commission of an | 16 |
| act of sexual misconduct
related
to the licensee's | 17 |
| practice; and
| 18 |
| (d) what constitutes gross negligence in the practice | 19 |
| of medicine.
| 20 |
| However, no such rule shall be admissible into evidence in | 21 |
| any civil action
except for review of a licensing or other | 22 |
| disciplinary action under this Act.
| 23 |
| In enforcing this Section, the Medical Disciplinary Board,
| 24 |
| upon a showing of a possible violation, may compel any | 25 |
| individual licensed to
practice under this Act, or who has | 26 |
| applied for licensure or a permit
pursuant to this Act, to |
|
|
|
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| 1 |
| submit to a mental or physical examination, or both,
as | 2 |
| required by and at the expense of the Department. The examining | 3 |
| physician
or physicians shall be those specifically designated | 4 |
| by the Disciplinary Board.
The Medical Disciplinary Board or | 5 |
| the Department may order the examining
physician to present | 6 |
| testimony concerning this mental or physical examination
of the | 7 |
| licensee or applicant. No information shall be excluded by | 8 |
| reason of
any common
law or statutory privilege relating to | 9 |
| communication between the licensee or
applicant and
the | 10 |
| examining physician.
The individual to be examined may have, at | 11 |
| his or her own expense, another
physician of his or her choice | 12 |
| present during all aspects of the examination.
Failure of any | 13 |
| individual to submit to mental or physical examination, when
| 14 |
| directed, shall be grounds for suspension of his or her license | 15 |
| until such time
as the individual submits to the examination if | 16 |
| the Disciplinary Board finds,
after notice and hearing, that | 17 |
| the refusal to submit to the examination was
without reasonable | 18 |
| cause. If the Disciplinary Board finds a physician unable
to | 19 |
| practice because of the reasons set forth in this Section, the | 20 |
| Disciplinary
Board shall require such physician to submit to | 21 |
| care, counseling, or treatment
by physicians approved or | 22 |
| designated by the Disciplinary Board, as a condition
for | 23 |
| continued, reinstated, or renewed licensure to practice. Any | 24 |
| physician,
whose license was granted pursuant to Sections 9, | 25 |
| 17, or 19 of this Act, or,
continued, reinstated, renewed, | 26 |
| disciplined or supervised, subject to such
terms, conditions or |
|
|
|
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| 1 |
| restrictions who shall fail to comply with such terms,
| 2 |
| conditions or restrictions, or to complete a required program | 3 |
| of care,
counseling, or treatment, as determined by the Chief | 4 |
| Medical Coordinator or
Deputy Medical Coordinators, shall be | 5 |
| referred to the Secretary for a
determination as to whether the | 6 |
| licensee shall have their license suspended
immediately, | 7 |
| pending a hearing by the Disciplinary Board. In instances in
| 8 |
| which the Secretary immediately suspends a license under this | 9 |
| Section, a hearing
upon such person's license must be convened | 10 |
| by the Disciplinary Board within 15
days after such suspension | 11 |
| and completed without appreciable delay. The
Disciplinary | 12 |
| Board shall have the authority to review the subject | 13 |
| physician's
record of treatment and counseling regarding the | 14 |
| impairment, to the extent
permitted by applicable federal | 15 |
| statutes and regulations safeguarding the
confidentiality of | 16 |
| medical records.
| 17 |
| An individual licensed under this Act, affected under this | 18 |
| Section, shall be
afforded an opportunity to demonstrate to the | 19 |
| Disciplinary Board that they can
resume practice in compliance | 20 |
| with acceptable and prevailing standards under
the provisions | 21 |
| of their license.
| 22 |
| The Department may promulgate rules for the imposition of | 23 |
| fines in
disciplinary cases, not to exceed
$10,000 for each | 24 |
| violation of this Act. Fines
may be imposed in conjunction with | 25 |
| other forms of disciplinary action, but
shall not be the | 26 |
| exclusive disposition of any disciplinary action arising out
of |
|
|
|
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| 1 |
| conduct resulting in death or injury to a patient. Any funds | 2 |
| collected from
such fines shall be deposited in the Medical | 3 |
| Disciplinary Fund.
| 4 |
| (B) The Department shall revoke the license or visiting
| 5 |
| permit of any person issued under this Act to practice medicine | 6 |
| or to treat
human ailments without the use of drugs and without | 7 |
| operative surgery, who
has been convicted a second time of | 8 |
| committing any felony under the
Illinois Controlled Substances | 9 |
| Act or the Methamphetamine Control and Community Protection | 10 |
| Act, or who has been convicted a second time of
committing a | 11 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | 12 |
| Public
Aid Code. A person whose license or visiting permit is | 13 |
| revoked
under
this subsection B of Section 22 of this Act shall | 14 |
| be prohibited from practicing
medicine or treating human | 15 |
| ailments without the use of drugs and without
operative | 16 |
| surgery.
| 17 |
| (C) The Medical Disciplinary Board shall recommend to the
| 18 |
| Department civil
penalties and any other appropriate | 19 |
| discipline in disciplinary cases when the
Board finds that a | 20 |
| physician willfully performed an abortion with actual
| 21 |
| knowledge that the person upon whom the abortion has been | 22 |
| performed is a minor
or an incompetent person without notice as | 23 |
| required under the Parental Notice
of Abortion Act of 1995. | 24 |
| Upon the Board's recommendation, the Department shall
impose, | 25 |
| for the first violation, a civil penalty of $1,000 and for a | 26 |
| second or
subsequent violation, a civil penalty of $5,000.
|
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
|
| 1 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; | 2 |
| 95-331, eff. 8-21-07 .)
| 3 |
| Section 100. The Nurse Practice Act is amended by changing | 4 |
| Section 70-5 as follows:
| 5 |
| (225 ILCS 65/70-5)
(was 225 ILCS 65/10-45)
| 6 |
| (Section scheduled to be repealed on January 1, 2018)
| 7 |
| Sec. 70-5. Grounds for disciplinary action.
| 8 |
| (a) The Department may
refuse to issue or
to renew, or may | 9 |
| revoke, suspend, place on
probation, reprimand, or take other | 10 |
| disciplinary or non-disciplinary action as the Department
may | 11 |
| deem appropriate, including fines not to exceed $10,000 per | 12 |
| violation, with regard to a license for any one or combination
| 13 |
| of the causes set forth in subsection (b) below.
All fines | 14 |
| collected under this Section shall be deposited in the Nursing
| 15 |
| Dedicated and Professional Fund.
| 16 |
| (b) Grounds for disciplinary action include the following:
| 17 |
| (1) Material deception in furnishing information to | 18 |
| the
Department.
| 19 |
| (2) Material violations of any provision of this Act or | 20 |
| violation of the rules of or final administrative action of
| 21 |
| the Secretary, after consideration of the recommendation | 22 |
| of the Board.
| 23 |
| (3) Conviction by plea of guilty or nolo contendere, | 24 |
| finding of guilt, jury verdict, or entry of judgment or by |
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
|
| 1 |
| sentencing of any crime, including, but not limited to, | 2 |
| convictions, preceding sentences of supervision, | 3 |
| conditional discharge, or first offender probation, under | 4 |
| the laws of any jurisdiction
of the
United States: (i) that | 5 |
| is a felony; or (ii) that is a misdemeanor, an
essential | 6 |
| element of which is dishonesty, or that is
directly related | 7 |
| to the practice of the profession.
| 8 |
| (4) A pattern of practice or other behavior which | 9 |
| demonstrates
incapacity
or incompetency to practice under | 10 |
| this Act.
| 11 |
| (5) Knowingly aiding or assisting another person in | 12 |
| violating
any
provision of this Act or rules.
| 13 |
| (6) Failing, within 90 days, to provide a response to a | 14 |
| request
for
information in response to a written request | 15 |
| made by the Department by
certified mail.
| 16 |
| (7) Engaging in dishonorable, unethical or | 17 |
| unprofessional
conduct of a
character likely to deceive, | 18 |
| defraud or harm the public, as defined by
rule.
| 19 |
| (8) Unlawful taking, theft, selling, distributing, or | 20 |
| manufacturing of any drug, narcotic, or
prescription
| 21 |
| device.
| 22 |
| (9) Habitual or excessive use or addiction to alcohol,
| 23 |
| narcotics,
stimulants, or any other chemical agent or drug | 24 |
| that could result in a licensee's
inability to practice | 25 |
| with reasonable judgment, skill or safety.
| 26 |
| (10) Discipline by another U.S. jurisdiction or |
|
|
|
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LRB096 10055 RPM 20220 b |
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| 1 |
| foreign
nation, if at
least one of the grounds for the | 2 |
| discipline is the same or substantially
equivalent to those | 3 |
| set forth in this Section.
| 4 |
| (11) A finding that the licensee, after having her or | 5 |
| his
license placed on
probationary status or subject to | 6 |
| conditions or restrictions, has violated the terms of | 7 |
| probation or failed to comply with such terms or | 8 |
| conditions.
| 9 |
| (12) Being named as a perpetrator in an indicated | 10 |
| report by
the
Department of Children and Family Services | 11 |
| and 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 |
| (13) Willful omission to file or record, or willfully | 17 |
| impeding
the
filing or recording or inducing another person | 18 |
| to omit to file or record
medical reports as required by | 19 |
| law or willfully failing to report an
instance of suspected | 20 |
| child abuse or neglect as required by the Abused and
| 21 |
| Neglected Child Reporting Act.
| 22 |
| (14) Gross negligence in the practice of practical, | 23 |
| professional, or advanced practice nursing.
| 24 |
| (15) Holding oneself out to be practicing nursing under | 25 |
| any
name other
than one's own.
| 26 |
| (16) Failure of a licensee to report to the Department |
|
|
|
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LRB096 10055 RPM 20220 b |
|
| 1 |
| any adverse final action taken against him or her by | 2 |
| another licensing jurisdiction of the United States or any | 3 |
| foreign state or country, any peer review body, any health | 4 |
| care institution, any professional or nursing society or | 5 |
| association, any governmental agency, any law enforcement | 6 |
| agency, or any court or a nursing liability claim related | 7 |
| to acts or conduct similar to acts or conduct that would | 8 |
| constitute grounds for action as defined in this Section. | 9 |
| (17) Failure of a licensee to report to the Department | 10 |
| surrender by the licensee of a license or authorization to | 11 |
| practice nursing or advanced practice nursing in another | 12 |
| state or jurisdiction or current surrender by the licensee | 13 |
| of membership on any nursing staff or in any nursing or | 14 |
| advanced practice nursing or professional association or | 15 |
| society while under disciplinary investigation by any of | 16 |
| those authorities or bodies for acts or conduct similar to | 17 |
| acts or conduct that would constitute grounds for action as | 18 |
| defined by this Section. | 19 |
| (18) Failing, within 60 days, to provide information in | 20 |
| response to a written request made by the Department. | 21 |
| (19) Failure to establish and maintain records of | 22 |
| patient care and treatment as required by law.
| 23 |
| (20) Fraud, deceit or misrepresentation in applying | 24 |
| for or
procuring
a license under this Act or in connection | 25 |
| with applying for renewal of a
license under this Act.
| 26 |
| (21) Allowing another person or organization to use the
|
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
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| 1 |
| licensees'
license to deceive the public.
| 2 |
| (22) Willfully making or filing false records or | 3 |
| reports in
the
licensee's practice, including but not | 4 |
| limited to false
records to support claims against the | 5 |
| medical assistance program of the
Department of Healthcare | 6 |
| and Family Services (formerly Department of Public Aid)
| 7 |
| under the Illinois Public Aid Code.
| 8 |
| (23) Attempting to subvert or cheat on a
licensing
| 9 |
| examination
administered under this Act.
| 10 |
| (24) Immoral conduct in the commission of an act, | 11 |
| including, but not limited to, sexual abuse,
sexual | 12 |
| misconduct, or sexual exploitation, related to the | 13 |
| licensee's practice.
| 14 |
| (25) Willfully or negligently violating the | 15 |
| confidentiality
between nurse
and patient except as | 16 |
| required by law.
| 17 |
| (26) Practicing under a false or assumed name, except | 18 |
| as provided by law.
| 19 |
| (27) The use of any false, fraudulent, or deceptive | 20 |
| statement
in any
document connected with the licensee's | 21 |
| practice.
| 22 |
| (28) Directly or indirectly giving to or receiving from | 23 |
| a person, firm,
corporation, partnership, or association a | 24 |
| fee, commission, rebate, or other
form of compensation for | 25 |
| professional services not actually or personally
rendered.
| 26 |
| (29) A violation of the Health Care Worker |
|
|
|
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LRB096 10055 RPM 20220 b |
|
| 1 |
| Self-Referral Act.
| 2 |
| (30) Physical illness, including but not limited to | 3 |
| deterioration
through
the aging process or loss of motor | 4 |
| skill, mental illness, or disability that
results in the | 5 |
| inability to practice the profession with reasonable | 6 |
| judgment,
skill, or safety.
| 7 |
| (31) Exceeding the terms of a collaborative agreement | 8 |
| or the prescriptive authority delegated to a licensee by | 9 |
| his or her collaborating physician or podiatrist in | 10 |
| guidelines established under a written collaborative | 11 |
| agreement. | 12 |
| (32) Making a false or misleading statement regarding a | 13 |
| licensee's skill or the efficacy or value of the medicine, | 14 |
| treatment, or remedy prescribed by him or her in the course | 15 |
| of treatment. | 16 |
| (33) Prescribing, selling, administering, | 17 |
| distributing, giving, or self-administering a drug | 18 |
| classified as a controlled substance (designated product) | 19 |
| or narcotic for other than medically accepted therapeutic | 20 |
| purposes. | 21 |
| (34) Promotion of the sale of drugs, devices, | 22 |
| appliances, or goods provided for a patient in a manner to | 23 |
| exploit the patient for financial gain. | 24 |
| (35) Violating State or federal laws, rules, or | 25 |
| regulations relating to controlled substances. | 26 |
| (36) Willfully or negligently violating the |
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
|
| 1 |
| confidentiality between an advanced practice nurse, | 2 |
| collaborating physician, dentist, or podiatrist and a | 3 |
| patient, except as required by law. | 4 |
| (37) A violation of any provision of this Act or any | 5 |
| rules promulgated under this Act. | 6 |
| (38) Violating any provision of the Internet | 7 |
| Prescribing Prohibition Act.
| 8 |
| (c) The determination by a circuit court that a licensee is
| 9 |
| subject to
involuntary admission or judicial admission as | 10 |
| provided in the Mental
Health and Developmental Disabilities | 11 |
| Code, as amended, operates as an
automatic suspension. The | 12 |
| suspension will end only upon a finding
by a
court that the | 13 |
| patient is no longer subject to involuntary admission or
| 14 |
| judicial admission and issues an order so finding and | 15 |
| discharging the
patient; and upon the recommendation of the | 16 |
| Board to the
Secretary that
the licensee be allowed to resume | 17 |
| his or her practice.
| 18 |
| (d) The Department may refuse to issue or may suspend or | 19 |
| otherwise discipline the
license of any
person who fails to | 20 |
| file a return, or to pay the tax, penalty or interest
shown in | 21 |
| a filed return, or to pay any final assessment of the tax,
| 22 |
| penalty, or interest as required by any tax Act administered by | 23 |
| the
Department of Revenue, until such time as the requirements | 24 |
| of any
such tax Act are satisfied.
| 25 |
| (e) In enforcing this Act, the Department or Board,
upon a | 26 |
| showing of a
possible
violation, may compel an individual |
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
|
| 1 |
| licensed to practice under this Act or
who has applied for | 2 |
| licensure under this Act, to submit
to a mental or physical | 3 |
| examination, or both, as required by and at the expense
of the | 4 |
| Department. The Department or Board may order the examining | 5 |
| physician to
present
testimony concerning the mental or | 6 |
| physical examination of the licensee or
applicant. No | 7 |
| information shall be excluded by reason of any common law or
| 8 |
| statutory privilege relating to communications between the | 9 |
| licensee or
applicant and the examining physician. The | 10 |
| examining
physicians
shall be specifically designated by the | 11 |
| Board or Department.
The individual to be examined may have, at | 12 |
| his or her own expense, another
physician of his or her choice | 13 |
| present during all
aspects of this examination. Failure of an | 14 |
| individual to submit to a mental
or
physical examination, when | 15 |
| directed, shall result in an automatic
suspension without | 16 |
| hearing.
| 17 |
| All substance-related violations shall mandate an | 18 |
| automatic substance abuse assessment. Failure to submit to an | 19 |
| assessment by a licensed physician who is certified as an | 20 |
| addictionist or an advanced practice nurse with specialty | 21 |
| certification in addictions may be grounds for an automatic | 22 |
| suspension, as defined by rule.
| 23 |
| If the Department or Board finds an individual unable to | 24 |
| practice or unfit for duty because
of
the
reasons
set forth in | 25 |
| this Section, the Department or Board may require that | 26 |
| individual
to submit
to
a substance abuse evaluation or |
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
|
| 1 |
| treatment by individuals or programs
approved
or designated by | 2 |
| the Department or Board, as a condition, term, or restriction
| 3 |
| for continued,
reinstated, or
renewed licensure to practice; | 4 |
| or, in lieu of evaluation or treatment,
the Department may | 5 |
| file, or
the Board may recommend to the Department to file, a | 6 |
| complaint to immediately
suspend, revoke, or otherwise | 7 |
| discipline the license of the individual.
An individual whose
| 8 |
| license was granted, continued, reinstated, renewed, | 9 |
| disciplined or supervised
subject to such terms, conditions, or | 10 |
| restrictions, and who fails to comply
with
such terms, | 11 |
| conditions, or restrictions, shall be referred to the Secretary | 12 |
| for
a
determination as to whether the individual shall have his | 13 |
| or her license
suspended immediately, pending a hearing by the | 14 |
| Department.
| 15 |
| In instances in which the Secretary immediately suspends a | 16 |
| person's license
under this Section, a hearing on that person's | 17 |
| license must be convened by
the Department within 15 days after | 18 |
| the suspension and completed without
appreciable
delay.
The | 19 |
| Department and Board shall have the authority to review the | 20 |
| subject
individual's record of
treatment and counseling | 21 |
| regarding the impairment to the extent permitted by
applicable | 22 |
| federal statutes and regulations safeguarding the | 23 |
| confidentiality of
medical records.
| 24 |
| An individual licensed under this Act and affected under | 25 |
| this Section shall
be
afforded an opportunity to demonstrate to | 26 |
| the Department that he or
she can resume
practice in compliance |
|
|
|
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| 1 |
| with nursing standards under the
provisions of his or her | 2 |
| license.
| 3 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)
| 4 |
| Section 105. The Illinois Optometric Practice Act of 1987 | 5 |
| is amended by changing Section 24 as follows:
| 6 |
| (225 ILCS 80/24) (from Ch. 111, par. 3924)
| 7 |
| (Section scheduled to be repealed on January 1, 2017)
| 8 |
| Sec. 24. Grounds for disciplinary action.
| 9 |
| (a) The Department may refuse to issue or to renew, or may
| 10 |
| revoke, suspend, place on probation, reprimand or take other
| 11 |
| disciplinary action as the Department may deem proper, | 12 |
| including fines not
to exceed $10,000 for each violation, with | 13 |
| regard to any license for any one or combination of the | 14 |
| following causes:
| 15 |
| (1) Violations of this Act, or of the rules promulgated
| 16 |
| hereunder.
| 17 |
| (2) Conviction of or entry of a plea of guilty to any | 18 |
| crime under the laws of any U.S. jurisdiction
thereof that | 19 |
| is a felony or that is a misdemeanor of which an essential | 20 |
| element
is dishonesty, or any crime that is directly | 21 |
| related to the practice of the
profession.
| 22 |
| (3) Making any misrepresentation for the purpose of | 23 |
| obtaining a
license.
| 24 |
| (4) Professional incompetence or gross negligence in |
|
|
|
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| the
practice of optometry.
| 2 |
| (5) Gross malpractice, prima facie evidence
of which | 3 |
| may be a conviction or judgment of
malpractice in any court | 4 |
| of competent jurisdiction.
| 5 |
| (6) Aiding or assisting another person in violating any
| 6 |
| provision of this Act or rules.
| 7 |
| (7) Failing, within 60 days, to provide information in | 8 |
| response
to a
written request made by the Department that | 9 |
| has been sent by
certified or
registered mail to the | 10 |
| licensee's last known address.
| 11 |
| (8) Engaging in dishonorable, unethical, or | 12 |
| unprofessional
conduct of a
character likely to deceive, | 13 |
| defraud, or harm the public.
| 14 |
| (9) Habitual or excessive use or addiction to alcohol,
| 15 |
| narcotics,
stimulants or any other chemical agent or drug | 16 |
| that results in
the
inability to practice with reasonable | 17 |
| judgment, skill, or safety.
| 18 |
| (10) Discipline by another U.S. jurisdiction or | 19 |
| foreign
nation, if at
least one of the grounds for the | 20 |
| discipline is the same or substantially
equivalent to those | 21 |
| set forth herein.
| 22 |
| (11) Directly or indirectly giving to or receiving from | 23 |
| any
person, firm,
corporation, partnership, or association | 24 |
| any fee, commission, rebate, or
other form of compensation | 25 |
| for any professional services not actually or
personally | 26 |
| rendered. This shall not be deemed to include (i) rent or |
|
|
|
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| 1 |
| other
remunerations paid to an individual, partnership, or | 2 |
| corporation by an
optometrist for the lease, rental, or use | 3 |
| of space, owned or controlled, by
the individual, | 4 |
| partnership, corporation or association, and (ii) the
| 5 |
| division of fees between an optometrist and related | 6 |
| professional service
providers with whom the optometrist | 7 |
| practices in a
professional corporation organized under | 8 |
| Section 3.6 of the Professional
Service Corporation Act.
| 9 |
| (12) A finding by the Department that the licensee, | 10 |
| after
having his or
her
license placed on probationary | 11 |
| status has violated the terms of
probation.
| 12 |
| (13) Abandonment of a patient.
| 13 |
| (14) Willfully making or filing false records or | 14 |
| reports in
his or her
practice,
including but not limited | 15 |
| to false records filed with State agencies or
departments.
| 16 |
| (15) Willfully failing to report an instance of | 17 |
| suspected
child abuse or
neglect as required by the Abused | 18 |
| and Neglected Child Reporting Act.
| 19 |
| (16) Physical illness, including but not limited to,
| 20 |
| deterioration
through the aging process, or loss of motor | 21 |
| skill, mental illness, or
disability that results in the
| 22 |
| inability to practice the profession with reasonable | 23 |
| judgment, skill,
or safety.
| 24 |
| (17) Solicitation of professional services other than
| 25 |
| permitted
advertising.
| 26 |
| (18) Failure to provide a patient with a copy of his or
|
|
|
|
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| 1 |
| her record or
prescription in accordance with federal law.
| 2 |
| (19) Conviction by any court of competent | 3 |
| jurisdiction, either
within or
without this State, of any | 4 |
| violation of any law governing the practice of
optometry, | 5 |
| conviction in this or another State of any crime that
is a
| 6 |
| felony under the laws of this State or conviction of a | 7 |
| felony in a federal
court, if the Department determines, | 8 |
| after investigation, that such person
has not been | 9 |
| sufficiently rehabilitated to warrant the public trust.
| 10 |
| (20) A finding that licensure has been applied for or | 11 |
| obtained
by
fraudulent means.
| 12 |
| (21) Continued practice by a person knowingly having an
| 13 |
| infectious
or contagious
disease.
| 14 |
| (22) Being named as a perpetrator in an indicated | 15 |
| report by
the
Department of Children and Family Services | 16 |
| under the Abused and
Neglected Child Reporting Act, and | 17 |
| upon proof by clear and
convincing evidence that the | 18 |
| licensee has caused a child to be an abused
child or a | 19 |
| neglected child as defined in the Abused and Neglected | 20 |
| Child
Reporting Act.
| 21 |
| (23) Practicing or attempting to practice under a name | 22 |
| other
than the
full name as shown on his or her license.
| 23 |
| (24) Immoral conduct in the commission of any act, such | 24 |
| as
sexual abuse,
sexual misconduct or sexual exploitation, | 25 |
| related to the licensee's
practice.
| 26 |
| (25) Maintaining a professional relationship with any |
|
|
|
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| 1 |
| person,
firm, or
corporation when the optometrist knows, or | 2 |
| should know, that such person,
firm, or corporation is | 3 |
| violating this Act.
| 4 |
| (26) Promotion of the sale of drugs, devices, | 5 |
| appliances or
goods
provided for a client or patient in | 6 |
| such manner as to exploit the patient
or client for | 7 |
| financial gain of the licensee.
| 8 |
| (27) Using the title "Doctor" or its abbreviation | 9 |
| without
further
qualifying that title or abbreviation with | 10 |
| the word "optometry" or
"optometrist".
| 11 |
| (28) Use by a licensed optometrist of the
word
| 12 |
| "infirmary",
"hospital", "school", "university", in | 13 |
| English or any other
language, in connection with the place | 14 |
| where optometry may be practiced or
demonstrated.
| 15 |
| (29) Continuance of an optometrist in the employ of any
| 16 |
| person, firm or
corporation, or as an assistant to any | 17 |
| optometrist or optometrists,
directly or indirectly, after | 18 |
| his or her employer or superior has been
found
guilty of | 19 |
| violating or has been enjoined from violating the laws of | 20 |
| the
State of Illinois relating to the practice of | 21 |
| optometry, when the employer
or superior persists in that | 22 |
| violation.
| 23 |
| (30) The performance of optometric service in | 24 |
| conjunction with
a scheme
or plan with another person, firm | 25 |
| or corporation known to be advertising in
a manner contrary | 26 |
| to this Act or otherwise violating the laws of the State of
|
|
|
|
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|
| 1 |
| Illinois concerning the practice of optometry.
| 2 |
| (31) Failure to provide satisfactory proof of having
| 3 |
| participated in
approved continuing education programs as | 4 |
| determined by the Board and
approved by the Secretary. | 5 |
| Exceptions for extreme hardships are to be
defined by the | 6 |
| rules of the Department.
| 7 |
| (32) Willfully making or filing false records or | 8 |
| reports in
the practice
of optometry, including, but not | 9 |
| limited to false records to support claims
against the | 10 |
| medical assistance program of the Department of Healthcare | 11 |
| and Family Services (formerly Department of Public Aid)
| 12 |
| under the Illinois Public Aid Code.
| 13 |
| (33) Gross and willful overcharging for professional | 14 |
| services
including
filing false statements for collection | 15 |
| of fees for which services are not
rendered, including, but | 16 |
| not limited to filing false statements for
collection of | 17 |
| monies for services not rendered from the medical | 18 |
| assistance
program of the Department of Healthcare and | 19 |
| Family Services (formerly Department of Public Aid) under | 20 |
| the Illinois Public Aid
Code.
| 21 |
| (34) In the absence of good reasons to the contrary, | 22 |
| failure
to perform a
minimum eye examination as required by | 23 |
| the rules of the Department.
| 24 |
| (35) Violation of the Health Care Worker Self-Referral | 25 |
| Act.
| 26 |
| (36) Violating any provision of the Internet |
|
|
|
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|
| 1 |
| Prescribing Prohibition Act.
| 2 |
| The Department may refuse to issue or may suspend the | 3 |
| license of any person who fails to file a return, or to pay the | 4 |
| tax,
penalty or interest shown in a filed return, or to pay any | 5 |
| final assessment
of the tax, penalty or interest, as required | 6 |
| by any tax Act administered by
the Illinois Department of | 7 |
| Revenue, until such time as the requirements of
any such tax | 8 |
| Act are satisfied.
| 9 |
| (a-5) In enforcing this Section, the Board upon a showing | 10 |
| of a possible
violation, may compel any individual licensed to | 11 |
| practice under this Act, or
who has applied for licensure or | 12 |
| certification pursuant to this Act,
to submit to a
mental or | 13 |
| physical
examination, or both, as required by and at the | 14 |
| expense of the Department. The
examining physicians or clinical | 15 |
| psychologists shall be those specifically
designated by the | 16 |
| Board. The Board or the Department may order the examining
| 17 |
| physician or clinical psychologist to present testimony | 18 |
| concerning this mental
or physical examination of the licensee | 19 |
| or applicant. No information shall be
excluded by reason of any | 20 |
| common law or statutory privilege relating to
communications | 21 |
| between the licensee or applicant and the examining physician | 22 |
| or
clinical psychologist. Eye examinations may be provided by a | 23 |
| licensed
optometrist. The individual to be examined may have,
| 24 |
| at his or her own expense, another physician of his or her | 25 |
| choice present
during all aspects of the examination. Failure | 26 |
| of any individual to submit to
a mental or physical |
|
|
|
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|
| 1 |
| examination, when directed, shall be grounds for
suspension of | 2 |
| a license until such time as the individual submits to the
| 3 |
| examination if the Board finds, after notice and hearing, that | 4 |
| the refusal to
submit to the examination was without reasonable | 5 |
| cause.
| 6 |
| If the Board finds an individual unable to practice because | 7 |
| of the reasons
set forth in this Section, the Board shall | 8 |
| require such individual to submit to
care, counseling, or | 9 |
| treatment by physicians or clinical psychologists approved
or | 10 |
| designated by the Board, as a condition, term, or restriction | 11 |
| for continued,
reinstated, or renewed licensure to practice, or | 12 |
| in lieu of care, counseling,
or treatment, the Board may | 13 |
| recommend to the Department to file a complaint to immediately | 14 |
| suspend, revoke, or otherwise discipline the
license of the | 15 |
| individual, or the Board may recommend to the Department to | 16 |
| file
a complaint to suspend, revoke, or otherwise discipline | 17 |
| the license of the
individual. Any individual whose license was | 18 |
| granted pursuant to this Act, or
continued, reinstated, | 19 |
| renewed, disciplined, or supervised, subject to such
| 20 |
| conditions, terms, or restrictions, who shall fail to comply | 21 |
| with such
conditions, terms, or restrictions, shall be referred | 22 |
| to the Secretary for a
determination as to whether the | 23 |
| individual shall have his or her license
suspended immediately, | 24 |
| pending a hearing by the Board.
| 25 |
| (b) The determination by a circuit court that a licensee is | 26 |
| subject to
involuntary admission or judicial admission as |
|
|
|
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|
| 1 |
| provided in the Mental
Health and Developmental Disabilities | 2 |
| Code operates as an
automatic suspension. The suspension will | 3 |
| end only upon a finding by a
court that the patient is no | 4 |
| longer subject to involuntary admission or
judicial admission | 5 |
| and issues an order so finding and discharging the
patient; and | 6 |
| upon the recommendation of the Board to the Secretary
that
the | 7 |
| licensee be allowed to resume his or her practice.
| 8 |
| (Source: P.A. 94-787, eff. 5-19-06.)
| 9 |
| Section 110. The Physician Assistant Practice Act of 1987 | 10 |
| is amended by changing Section 21 as follows:
| 11 |
| (225 ILCS 95/21) (from Ch. 111, par. 4621)
| 12 |
| (Section scheduled to be repealed on January 1, 2018)
| 13 |
| Sec. 21. Grounds for disciplinary action.
| 14 |
| (a) The Department may refuse to issue or to renew, or may
| 15 |
| revoke, suspend, place on probation, censure or reprimand, or | 16 |
| take other
disciplinary or non-disciplinary action with regard | 17 |
| to any license issued under this Act as the
Department may deem | 18 |
| proper, including the issuance of fines not to exceed
$10,000
| 19 |
| for each violation, for any one or combination of the following | 20 |
| causes:
| 21 |
| (1) Material misstatement in furnishing information to | 22 |
| the Department.
| 23 |
| (2) Violations of this Act, or the rules adopted under | 24 |
| this Act.
|
|
|
|
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LRB096 10055 RPM 20220 b |
|
| 1 |
| (3) Conviction of or entry of a plea of guilty or nolo | 2 |
| contendere to any crime that is a felony under the laws of | 3 |
| the United States or any state or territory thereof
or that | 4 |
| is a misdemeanor
of which an essential element is
| 5 |
| dishonesty or
that
is directly related to the practice of | 6 |
| the
profession.
| 7 |
| (4) Making any misrepresentation for the purpose of | 8 |
| obtaining licenses.
| 9 |
| (5) Professional incompetence.
| 10 |
| (6) Aiding or assisting another person in violating any | 11 |
| provision of this
Act or its rules.
| 12 |
| (7) Failing, within 60 days, to provide information in | 13 |
| response to a
written request made by the Department.
| 14 |
| (8) Engaging in dishonorable, unethical, or | 15 |
| unprofessional conduct, as
defined by rule, of a character | 16 |
| likely to deceive, defraud, or harm the public.
| 17 |
| (9) Habitual or excessive use or addiction to alcohol, | 18 |
| narcotics,
stimulants, or any other chemical agent or drug | 19 |
| that results in a physician
assistant's inability to | 20 |
| practice with reasonable judgment, skill, or safety.
| 21 |
| (10) Discipline by another U.S. jurisdiction or | 22 |
| foreign nation, if at
least one of the grounds for | 23 |
| discipline is the same or substantially equivalent
to those | 24 |
| set forth in this Section.
| 25 |
| (11) Directly or indirectly giving to or receiving from | 26 |
| any person, firm,
corporation, partnership, or association |
|
|
|
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LRB096 10055 RPM 20220 b |
|
| 1 |
| any fee, commission, rebate or
other form of compensation | 2 |
| for any professional services not actually or
personally | 3 |
| rendered.
| 4 |
| (12) A finding by the Disciplinary Board that the | 5 |
| licensee, after having
his or her license placed on | 6 |
| probationary status has violated the terms of
probation.
| 7 |
| (13) Abandonment of a patient.
| 8 |
| (14) Willfully making or filing false records or | 9 |
| reports in his or her
practice, including but not limited | 10 |
| to false records filed with state agencies
or departments.
| 11 |
| (15) Willfully failing to report an instance of | 12 |
| suspected child abuse or
neglect as required by the Abused | 13 |
| and Neglected Child Reporting Act.
| 14 |
| (16) Physical illness, or mental illness or impairment
| 15 |
| that results in the inability to practice the profession | 16 |
| with
reasonable judgment, skill, or safety, including, but | 17 |
| not limited to, deterioration through the aging process or | 18 |
| loss of motor skill.
| 19 |
| (17) Being named as a perpetrator in an indicated | 20 |
| report by the
Department of Children and Family Services | 21 |
| under the Abused and
Neglected Child Reporting Act, and | 22 |
| upon proof by clear and convincing evidence
that the | 23 |
| licensee has caused a child to be an abused child or | 24 |
| neglected child
as defined in the Abused and Neglected | 25 |
| Child Reporting Act.
| 26 |
| (18) (Blank).
|
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
|
| 1 |
| (19) Gross negligence
resulting in permanent injury or | 2 |
| death
of a patient.
| 3 |
| (20) Employment of fraud, deception or any unlawful | 4 |
| means in applying for
or securing a license as a physician | 5 |
| assistant.
| 6 |
| (21) Exceeding the authority delegated to him or her by | 7 |
| his or her
supervising physician in guidelines established | 8 |
| by the physician/physician
assistant
team.
| 9 |
| (22) Immoral conduct in the commission of any act, such | 10 |
| as sexual abuse,
sexual misconduct or sexual exploitation | 11 |
| related to the licensee's practice.
| 12 |
| (23) Violation of the Health Care Worker Self-Referral | 13 |
| Act.
| 14 |
| (24) Practicing under a false or assumed name, except | 15 |
| as provided by law.
| 16 |
| (25) Making a false or misleading statement regarding | 17 |
| his or her skill or
the efficacy or value of the medicine, | 18 |
| treatment, or remedy prescribed by him
or her in the course | 19 |
| of treatment.
| 20 |
| (26) Allowing another person to use his or her license | 21 |
| to practice.
| 22 |
| (27) Prescribing, selling, administering, | 23 |
| distributing, giving, or
self-administering a drug | 24 |
| classified as a controlled substance (designated
product) | 25 |
| or narcotic for other than medically-accepted therapeutic | 26 |
| purposes.
|
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
|
| 1 |
| (28) Promotion of the sale of drugs, devices, | 2 |
| appliances, or goods
provided for a patient in a manner to | 3 |
| exploit the patient for financial gain.
| 4 |
| (29) A pattern of practice or other behavior that | 5 |
| demonstrates incapacity
or incompetence to practice under | 6 |
| this Act.
| 7 |
| (30) Violating State or federal laws or regulations | 8 |
| relating to controlled
substances or other legend drugs.
| 9 |
| (31) Exceeding the limited prescriptive authority | 10 |
| delegated by the
supervising physician or violating the | 11 |
| written guidelines delegating that
authority.
| 12 |
| (32) Practicing without providing to the Department a | 13 |
| notice of
supervision or delegation of
prescriptive | 14 |
| authority.
| 15 |
| (33) Violating any provision of the Internet | 16 |
| Prescribing Prohibition Act.
| 17 |
| (b) The Department may, without a hearing, refuse to issue | 18 |
| or renew or may suspend the license of any
person who fails to | 19 |
| file a return, or to pay the tax, penalty or interest
shown in | 20 |
| a filed return, or to pay any final assessment of the tax,
| 21 |
| penalty, or interest as required by any tax Act administered by | 22 |
| the
Illinois Department of Revenue, until such time as the | 23 |
| requirements of any
such tax Act are satisfied.
| 24 |
| (c) The determination by a circuit court that a licensee is | 25 |
| subject to
involuntary admission or judicial admission as | 26 |
| provided in the Mental Health
and Developmental Disabilities |
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
|
| 1 |
| Code operates as an automatic suspension.
The
suspension will | 2 |
| end only upon a finding by a court that the patient is no
| 3 |
| longer subject to involuntary admission or judicial admission | 4 |
| and issues an
order so finding and discharging the patient, and | 5 |
| upon the
recommendation of
the Disciplinary Board to the | 6 |
| Secretary
that the licensee be allowed to resume
his or her | 7 |
| practice.
| 8 |
| (d) In enforcing this Section, the Department upon a | 9 |
| showing of a
possible
violation may compel an individual | 10 |
| licensed to practice under this Act, or
who has applied for | 11 |
| licensure under this Act, to submit
to a mental or physical | 12 |
| examination, or both, as required by and at the expense
of the | 13 |
| Department. The Department may order the examining physician to
| 14 |
| present
testimony concerning the mental or physical | 15 |
| examination of the licensee or
applicant. No information shall | 16 |
| be excluded by reason of any common law or
statutory privilege | 17 |
| relating to communications between the licensee or
applicant | 18 |
| and the examining physician. The examining
physicians
shall be | 19 |
| specifically designated by the Department.
The individual to be | 20 |
| examined may have, at his or her own expense, another
physician | 21 |
| of his or her choice present during all
aspects of this | 22 |
| examination. Failure of an individual to submit to a mental
or
| 23 |
| physical examination, when directed, shall be grounds for | 24 |
| suspension of his or
her
license until the individual submits | 25 |
| to the examination if the Department
finds,
after notice and | 26 |
| hearing, that the refusal to submit to the examination was
|
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
|
| 1 |
| without reasonable cause.
| 2 |
| If the Department finds an individual unable to practice | 3 |
| because of
the
reasons
set forth in this Section, the | 4 |
| Department may require that individual
to submit
to
care, | 5 |
| counseling, or treatment by physicians approved
or designated | 6 |
| by the Department, as a condition, term, or restriction
for | 7 |
| continued,
reinstated, or
renewed licensure to practice; or, in | 8 |
| lieu of care, counseling, or treatment,
the Department may file
| 9 |
| a complaint to immediately
suspend, revoke, or otherwise | 10 |
| discipline the license of the individual.
An individual whose
| 11 |
| license was granted, continued, reinstated, renewed, | 12 |
| disciplined, or supervised
subject to such terms, conditions, | 13 |
| or restrictions, and who fails to comply
with
such terms, | 14 |
| conditions, or restrictions, shall be referred to the Secretary
| 15 |
| for
a
determination as to whether the individual shall have his | 16 |
| or her license
suspended immediately, pending a hearing by the | 17 |
| Department.
| 18 |
| In instances in which the Secretary
immediately suspends a | 19 |
| person's license
under this Section, a hearing on that person's | 20 |
| license must be convened by
the Department within 30
days after | 21 |
| the suspension and completed without
appreciable
delay.
The | 22 |
| Department shall have the authority to review the subject
| 23 |
| individual's record of
treatment and counseling regarding the | 24 |
| impairment to the extent permitted by
applicable federal | 25 |
| statutes and regulations safeguarding the confidentiality of
| 26 |
| medical records.
|
|
|
|
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LRB096 10055 RPM 20220 b |
|
| 1 |
| An individual licensed under this Act and affected under | 2 |
| this Section shall
be
afforded an opportunity to demonstrate to | 3 |
| the Department that he or
she can resume
practice in compliance | 4 |
| with acceptable and prevailing standards under the
provisions | 5 |
| of his or her license.
| 6 |
| (Source: P.A. 95-703, eff. 12-31-07.)
| 7 |
| Section 115. The Podiatric Medical Practice Act of 1987 is | 8 |
| amended by changing Section 24 as follows:
| 9 |
| (225 ILCS 100/24) (from Ch. 111, par. 4824)
| 10 |
| (Section scheduled to be repealed on January 1, 2018)
| 11 |
| Sec. 24. Grounds for disciplinary action.
The Department | 12 |
| may refuse to issue, may refuse to renew,
may refuse to | 13 |
| restore, may suspend, or may revoke any license, or may place
| 14 |
| on probation, reprimand or take other disciplinary or | 15 |
| non-disciplinary action as the
Department may deem proper, | 16 |
| including fines not to exceed $10,000
for each violation upon | 17 |
| anyone licensed under this Act for any of the
following | 18 |
| reasons:
| 19 |
| (1) Making a material misstatement in furnishing | 20 |
| information
to the
Department.
| 21 |
| (2) Violations of this Act, or of the rules or | 22 |
| regulations
promulgated
hereunder.
| 23 |
| (3) Conviction of or entry of a plea of guilty or nolo | 24 |
| contendere to any crime that is a felony under the laws of |
|
|
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| the United States or any state or territory of the United | 2 |
| States
that
is a misdemeanor, of which an essential
element | 3 |
| is
dishonesty, or of any crime that is directly related to | 4 |
| the
practice of the
profession.
| 5 |
| (4) Making any misrepresentation for the purpose of | 6 |
| obtaining
licenses, or
violating any provision of this Act | 7 |
| or the rules promulgated thereunder
pertaining to | 8 |
| advertising.
| 9 |
| (5) Professional incompetence.
| 10 |
| (6) Gross or repeated malpractice or negligence.
| 11 |
| (7) Aiding or assisting another person in violating any | 12 |
| provision
of this Act or rules.
| 13 |
| (8) Failing, within 30 days, to provide information in | 14 |
| response
to a written
request made by the Department.
| 15 |
| (9) Engaging in dishonorable, unethical or | 16 |
| unprofessional conduct
of a
character likely to deceive, | 17 |
| defraud or harm the public.
| 18 |
| (10) Habitual or excessive use of alcohol, narcotics, | 19 |
| stimulants
or other
chemical agent or drug that results in | 20 |
| the inability to practice
podiatric
medicine with | 21 |
| reasonable judgment, skill or safety.
| 22 |
| (11) Discipline by another United States jurisdiction | 23 |
| if at
least one of
the grounds for the discipline is the | 24 |
| same or substantially equivalent to
those set forth in this | 25 |
| Section.
| 26 |
| (12) Directly or indirectly giving to or receiving from |
|
|
|
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| 1 |
| any
person, firm,
corporation, partnership or association | 2 |
| any fee, commission, rebate or
other form of compensation | 3 |
| for any professional services not actually or
personally | 4 |
| rendered. This shall not be deemed to include rent or other
| 5 |
| remunerations paid to an individual, partnership, or | 6 |
| corporation, by a
licensee, for the lease, rental or use of | 7 |
| space, owned or controlled, by
the individual, partnership | 8 |
| or corporation.
| 9 |
| (13) A finding by the Podiatric Medical Licensing Board | 10 |
| that the
licensee,
after having his
or her
license placed | 11 |
| on probationary status, has violated the
terms of | 12 |
| probation.
| 13 |
| (14) Abandonment of a patient.
| 14 |
| (15) Willfully making or filing false records or | 15 |
| reports in his
or her practice,
including but not limited | 16 |
| to false records filed with state agencies or
departments.
| 17 |
| (16) Willfully failing to report an instance of | 18 |
| suspected child
abuse or
neglect as required by the Abused | 19 |
| and Neglected Child Report Act.
| 20 |
| (17) Physical illness, mental illness, or other | 21 |
| impairment, including but not limited to,
deterioration | 22 |
| through
the aging process, or loss of motor skill
that | 23 |
| results in the inability to
practice the profession with | 24 |
| reasonable judgment, skill or safety.
| 25 |
| (18) Solicitation of professional services other than | 26 |
| permitted
advertising.
|
|
|
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| (19) The determination by a circuit court that a | 2 |
| licensed
podiatric
physician is subject to involuntary | 3 |
| admission or judicial admission as
provided in the Mental | 4 |
| Health and Developmental Disabilities Code
operates as an | 5 |
| automatic suspension.
Such suspension will end only upon a | 6 |
| finding by a court that the
patient is no longer subject to | 7 |
| involuntary admission or judicial admission
and issues an | 8 |
| order so finding and discharging the patient; and upon the
| 9 |
| recommendation of the Podiatric Medical Licensing Board to | 10 |
| the Secretary
that the licensee be allowed to resume his or | 11 |
| her practice.
| 12 |
| (20) Holding oneself out to treat human ailments under | 13 |
| any name
other
than his or her own, or the impersonation of | 14 |
| any other physician.
| 15 |
| (21) Revocation or suspension or other action taken | 16 |
| with
respect to a podiatric medical license in
another | 17 |
| jurisdiction that would constitute disciplinary action | 18 |
| under this
Act.
| 19 |
| (22) Promotion of the sale of drugs, devices, | 20 |
| appliances or
goods
provided for a patient in such manner | 21 |
| as to exploit the patient for
financial gain of the | 22 |
| podiatric physician.
| 23 |
| (23) Gross, willful, and continued overcharging for | 24 |
| professional
services
including filing false statements | 25 |
| for collection of fees for those
services, including, but | 26 |
| not limited to, filing false statement for
collection of |
|
|
|
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| monies for services not rendered from the medical | 2 |
| assistance
program of the Department of Healthcare and | 3 |
| Family Services (formerly
Department of Public Aid) under | 4 |
| the Illinois Public Aid Code
or other private or public | 5 |
| third party payor.
| 6 |
| (24) Being named as a perpetrator in an indicated | 7 |
| report by the
Department of Children and Family Services | 8 |
| under the Abused and
Neglected Child Reporting Act, and | 9 |
| upon
proof by clear and convincing evidence that the | 10 |
| licensee has caused a child
to be an abused child or | 11 |
| neglected child as defined in the Abused and
Neglected | 12 |
| Child Reporting Act.
| 13 |
| (25) Willfully making or filing false records or | 14 |
| reports in the
practice of podiatric medicine, including, | 15 |
| but not limited to, false
records to support claims against | 16 |
| the medical assistance program of the
Department of | 17 |
| Healthcare and Family Services (formerly Department of | 18 |
| Public Aid) under the Illinois Public Aid Code.
| 19 |
| (26) (Blank).
| 20 |
| (27) Immoral conduct in the commission of any act
| 21 |
| including,
sexual
abuse, sexual misconduct, or sexual | 22 |
| exploitation, related to the licensee's
practice.
| 23 |
| (28) Violation of the Health Care Worker Self-Referral | 24 |
| Act.
| 25 |
| (29) Failure to report to the Department any adverse | 26 |
| final action taken
against him or her by another licensing |
|
|
|
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| 1 |
| jurisdiction (another state or a
territory of the United | 2 |
| States or a foreign state or country) by a peer
review
| 3 |
| body, by any health care institution, by a professional | 4 |
| society or association
related to practice under this Act, | 5 |
| by a governmental agency, by a law
enforcement agency, or | 6 |
| by a court for acts or conduct similar to acts or
conduct | 7 |
| that would constitute grounds for action as defined in this | 8 |
| Section.
| 9 |
| (30) Violating any provision of the Internet | 10 |
| Prescribing Prohibition Act.
| 11 |
| The Department may refuse to issue or may suspend the | 12 |
| license of any
person who fails to file a return, or to pay the | 13 |
| tax, penalty or interest
shown in a filed return, or to pay any | 14 |
| final assessment of tax, penalty or
interest, as required by | 15 |
| any tax Act administered by the Illinois
Department of Revenue, | 16 |
| until such time as the requirements of any such tax
Act are | 17 |
| satisfied.
| 18 |
| Upon receipt of a written
communication from the Secretary | 19 |
| of Human Services, the Director of Healthcare and Family | 20 |
| Services (formerly Director of
Public Aid), or the Director of | 21 |
| Public Health that
continuation of practice of a person | 22 |
| licensed under
this Act constitutes an immediate danger to the | 23 |
| public, the Secretary may
immediately suspend
the license of | 24 |
| such person without a hearing. In instances in which the | 25 |
| Secretary immediately suspends a license under this Section, a | 26 |
| hearing upon
such person's license must be convened by the |
|
|
|
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| 1 |
| Board within 15 days after
such suspension and completed | 2 |
| without appreciable delay, such hearing held
to determine | 3 |
| whether to recommend to the Secretary that the person's license
| 4 |
| be revoked, suspended, placed on probationary status or | 5 |
| reinstated, or such
person be subject to other disciplinary | 6 |
| action. In such hearing, the
written communication and any | 7 |
| other evidence submitted therewith may be
introduced as | 8 |
| evidence against such person; provided, however, the person
or | 9 |
| his counsel shall have the opportunity to discredit or impeach | 10 |
| such
evidence and submit evidence rebutting the same.
| 11 |
| Except for fraud in procuring a license, all
proceedings to | 12 |
| suspend, revoke, place on probationary status, or take
any
| 13 |
| other disciplinary action as the Department may deem proper, | 14 |
| with regard to a
license on any of the foregoing grounds, must | 15 |
| be commenced within 5 years after
receipt by the Department of | 16 |
| a complaint alleging the commission of or notice
of the | 17 |
| conviction order for any of the acts described in this Section. | 18 |
| Except
for the grounds set forth in items (8), (9), (26), and | 19 |
| (29) of this Section, no action shall be commenced more than 10 | 20 |
| years after
the date of the incident or act alleged to have
| 21 |
| been a
violation of this Section.
In the event of the | 22 |
| settlement of any claim or cause of action in favor of
the | 23 |
| claimant or the reduction to final judgment of any civil action | 24 |
| in favor of
the plaintiff, such claim, cause of action, or | 25 |
| civil action being grounded on
the allegation that a person | 26 |
| licensed under this Act was negligent in providing
care, the |
|
|
|
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| 1 |
| Department shall have an additional period of 2 years from the | 2 |
| date
of notification to the Department under Section 26 of this | 3 |
| Act of such
settlement or final judgment in which to | 4 |
| investigate and commence formal
disciplinary proceedings under | 5 |
| Section 24 of this Act, except as otherwise
provided by law.
| 6 |
| The
time during which the holder of the license was outside the | 7 |
| State of Illinois
shall not be included within any period of | 8 |
| time limiting the commencement of
disciplinary action by the | 9 |
| Department.
| 10 |
| In enforcing this Section, the Department or Board upon a | 11 |
| showing of a
possible
violation may compel an individual | 12 |
| licensed to practice under this Act, or
who has applied for | 13 |
| licensure under this Act, to submit
to a mental or physical | 14 |
| examination, or both, as required by and at the expense
of the | 15 |
| Department. The Department or Board may order the examining | 16 |
| physician to
present
testimony concerning the mental or | 17 |
| physical examination of the licensee or
applicant. No | 18 |
| information shall be excluded by reason of any common law or
| 19 |
| statutory privilege relating to communications between the | 20 |
| licensee or
applicant and the examining physician. The | 21 |
| examining
physicians
shall be specifically designated by the | 22 |
| Board or Department.
The individual to be examined may have, at | 23 |
| his or her own expense, another
physician of his or her choice | 24 |
| present during all
aspects of this examination. Failure of an | 25 |
| individual to submit to a mental
or
physical examination, when | 26 |
| directed, shall be grounds for suspension of his or
her
license |
|
|
|
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| 1 |
| until the individual submits to the examination if the | 2 |
| Department
finds,
after notice and hearing, that the refusal to | 3 |
| submit to the examination was
without reasonable cause.
| 4 |
| If the Department or Board finds an individual unable to | 5 |
| practice because of
the
reasons
set forth in this Section, the | 6 |
| Department or Board may require that individual
to submit
to
| 7 |
| care, counseling, or treatment by physicians approved
or | 8 |
| designated by the Department or Board, as a condition, term, or | 9 |
| restriction
for continued,
reinstated, or
renewed licensure to | 10 |
| practice; or, in lieu of care, counseling, or treatment,
the | 11 |
| Department may file, or
the Board may recommend to the | 12 |
| Department to file, a complaint to immediately
suspend, revoke, | 13 |
| or otherwise discipline the license of the individual.
An | 14 |
| individual whose
license was granted, continued, reinstated, | 15 |
| renewed, disciplined or supervised
subject to such terms, | 16 |
| conditions, or restrictions, and who fails to comply
with
such | 17 |
| terms, conditions, or restrictions, shall be referred to the | 18 |
| Secretary for
a
determination as to whether the individual | 19 |
| shall have his or her license
suspended immediately, pending a | 20 |
| hearing by the Department.
| 21 |
| In instances in which the Secretary immediately suspends a | 22 |
| person's license
under this Section, a hearing on that person's | 23 |
| license must be convened by
the Department within 30 days after | 24 |
| the suspension and completed without
appreciable
delay.
The | 25 |
| Department and Board shall have the authority to review the | 26 |
| subject
individual's record of
treatment and counseling |
|
|
|
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| 1 |
| regarding the impairment to the extent permitted by
applicable | 2 |
| federal statutes and regulations safeguarding the | 3 |
| confidentiality of
medical records.
| 4 |
| An individual licensed under this Act and affected under | 5 |
| this Section shall
be
afforded an opportunity to demonstrate to | 6 |
| the Department or Board that he or
she can resume
practice in | 7 |
| compliance with acceptable and prevailing standards under the
| 8 |
| provisions of his or her license.
| 9 |
| (Source: P.A. 95-235, eff. 8-17-07; 95-331, eff. 8-21-07.)
| 10 |
| Section 120. The Veterinary Medicine and Surgery Practice | 11 |
| Act of 2004 is amended by changing Section 25 as follows:
| 12 |
| (225 ILCS 115/25) (from Ch. 111, par. 7025)
| 13 |
| (Section scheduled to be repealed on January 1, 2014)
| 14 |
| Sec. 25. Disciplinary actions.
| 15 |
| 1. The Department may refuse to issue or renew, or may | 16 |
| revoke,
suspend, place on probation, reprimand, or take other | 17 |
| disciplinary
action as the Department may deem appropriate, | 18 |
| including fines not to
exceed $1,000 for each violation, with | 19 |
| regard to any
license or certificate for any one or combination | 20 |
| of the following:
| 21 |
| A. Material misstatement in furnishing information to | 22 |
| the
Department.
| 23 |
| B. Violations of this Act, or of the rules promulgated | 24 |
| under this Act.
|
|
|
|
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| 1 |
| C. Conviction of any crime under the laws of the United | 2 |
| States or any
state or territory of the United States that | 3 |
| is a felony or that is a
misdemeanor, an essential element | 4 |
| of which is dishonesty, or of any crime that
is directly | 5 |
| related to the practice of the profession.
| 6 |
| D. Making any misrepresentation for the purpose of | 7 |
| obtaining licensure or
certification, or violating any | 8 |
| provision of this Act or the rules promulgated
under this | 9 |
| Act pertaining to advertising.
| 10 |
| E. Professional incompetence.
| 11 |
| F. Gross malpractice.
| 12 |
| G. Aiding or assisting another person in violating any | 13 |
| provision of this
Act or rules.
| 14 |
| H. Failing, within 60 days, to provide information in | 15 |
| response to a
written request made by the Department.
| 16 |
| I. Engaging in dishonorable, unethical, or | 17 |
| unprofessional conduct of a
character likely to deceive, | 18 |
| defraud or harm the public.
| 19 |
| J. Habitual or excessive use or addiction to alcohol, | 20 |
| narcotics,
stimulants, or any other chemical agent or drug | 21 |
| that results in the inability
to practice with reasonable | 22 |
| judgment, skill, or safety.
| 23 |
| K. Discipline by another state, District of Columbia, | 24 |
| territory, or
foreign nation, if at least one of the | 25 |
| grounds for the discipline is the same
or substantially | 26 |
| equivalent to those set forth herein.
|
|
|
|
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| 1 |
| L. Directly or indirectly giving to or receiving from | 2 |
| any person, firm,
corporation, partnership or association | 3 |
| any fee, commission, rebate or other
form of compensation | 4 |
| for professional services not actually or personally
| 5 |
| rendered.
| 6 |
| M. A finding by the Board that the licensee or | 7 |
| certificate holder,
after having his license or | 8 |
| certificate placed on probationary status, has
violated | 9 |
| the terms of probation.
| 10 |
| N. Willfully making or filing false records or reports | 11 |
| in his practice,
including but not limited to false records | 12 |
| filed with State agencies or
departments.
| 13 |
| O. Physical illness, including but not limited to, | 14 |
| deterioration through
the aging process, or loss of motor | 15 |
| skill which results in the inability
to practice the | 16 |
| profession with reasonable judgement, skill or safety.
| 17 |
| P. Solicitation of professional services other than | 18 |
| permitted
advertising.
| 19 |
| Q. Having professional connection with or lending | 20 |
| one's name, directly
or indirectly, to any illegal | 21 |
| practitioner of veterinary medicine and surgery
and the | 22 |
| various branches thereof.
| 23 |
| R. Conviction of or cash compromise of a charge or | 24 |
| violation of the
Harrison Act or the Illinois Controlled | 25 |
| Substances Act, regulating narcotics.
| 26 |
| S. Fraud or dishonesty in applying, treating, or |
|
|
|
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LRB096 10055 RPM 20220 b |
|
| 1 |
| reporting on
tuberculin or other biological tests.
| 2 |
| T. Failing to report, as required by law, or making | 3 |
| false report of any
contagious or infectious diseases.
| 4 |
| U. Fraudulent use or misuse of any health certificate, | 5 |
| shipping
certificate, brand inspection certificate, or | 6 |
| other blank forms used in
practice that might lead to the | 7 |
| dissemination of disease or the transportation
of diseased | 8 |
| animals dead or alive; or dilatory methods, willful | 9 |
| neglect, or
misrepresentation in the inspection of milk, | 10 |
| meat, poultry, and the by-products
thereof.
| 11 |
| V. Conviction on a charge of cruelty to animals.
| 12 |
| W. Failure to keep one's premises and all equipment | 13 |
| therein in a clean
and sanitary condition.
| 14 |
| X. Failure to provide satisfactory proof of having | 15 |
| participated in
approved continuing education programs.
| 16 |
| Y. Failure to (i) file a return, (ii) pay the tax, | 17 |
| penalty, or interest
shown in a filed return, or (iii) pay | 18 |
| any final assessment of tax, penalty, or
interest, as | 19 |
| required by any tax Act administered by the Illinois | 20 |
| Department of
Revenue, until the requirements of that tax | 21 |
| Act are satisfied.
| 22 |
| Z. Conviction by any court of competent jurisdiction, | 23 |
| either within or
outside this State, of any violation of | 24 |
| any law governing the practice of
veterinary medicine, if | 25 |
| the Department determines, after investigation, that
the | 26 |
| person has not been sufficiently rehabilitated to warrant |
|
|
|
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LRB096 10055 RPM 20220 b |
|
| 1 |
| the public trust.
| 2 |
| AA. Promotion of the sale of drugs, devices, | 3 |
| appliances, or goods provided
for a patient in any manner | 4 |
| to exploit the client for financial gain of the
| 5 |
| veterinarian.
| 6 |
| BB. Gross, willful, or continued overcharging for | 7 |
| professional services,
including filing false statements | 8 |
| for collection of fees for which services are
not rendered.
| 9 |
| CC. Practicing under a false or, except as provided by | 10 |
| law, an assumed
name.
| 11 |
| DD. Fraud or misrepresentation in applying for, or | 12 |
| procuring, a license
under this Act or in connection with | 13 |
| applying for renewal of a license under
this Act.
| 14 |
| EE. Cheating on or attempting to subvert the licensing | 15 |
| examination
administered under this Act.
| 16 |
| FF. Using, prescribing, or selling a prescription drug | 17 |
| or the
extra-label use of a prescription drug by any means | 18 |
| in the absence of a valid
veterinarian-client-patient | 19 |
| relationship.
| 20 |
| GG. Failing to report a case of suspected aggravated | 21 |
| cruelty, torture,
or
animal fighting pursuant to Section | 22 |
| 3.07 or 4.01 of the Humane Care for
Animals Act or Section | 23 |
| 26-5 of the Criminal Code of 1961.
| 24 |
| HH. Violating any provision of the Internet | 25 |
| Prescribing Prohibition Act. | 26 |
| 2. The determination by a circuit court that a licensee or |
|
|
|
HB2407 |
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LRB096 10055 RPM 20220 b |
|
| 1 |
| certificate
holder is subject to involuntary admission or | 2 |
| judicial admission as provided in
the Mental Health and | 3 |
| Developmental Disabilities Code operates as an automatic
| 4 |
| suspension. The suspension will end only upon a finding by a | 5 |
| court that the
patient is no longer subject to involuntary | 6 |
| admission or judicial admission and
issues an order so finding | 7 |
| and discharging the patient; and upon the
recommendation of the | 8 |
| Board to the Director that the licensee or certificate
holder | 9 |
| be allowed to resume his practice.
| 10 |
| 3. All proceedings to suspend, revoke, place on | 11 |
| probationary status, or
take any other disciplinary action as | 12 |
| the Department may deem proper, with
regard to a license or | 13 |
| certificate on any of the foregoing grounds, must be
commenced | 14 |
| within 3 years after receipt by the Department of a complaint
| 15 |
| alleging the commission of or notice of the conviction order | 16 |
| for any of the
acts described in this Section. Except for | 17 |
| proceedings brought for violations
of items (CC), (DD), or | 18 |
| (EE), no action shall be commenced more than 5 years
after the | 19 |
| date of the incident or act alleged to have violated this | 20 |
| Section.
In the event of the settlement of any claim or cause | 21 |
| of action in favor of the
claimant or the reduction to final | 22 |
| judgment of any civil action in favor of the
plaintiff, the | 23 |
| claim, cause of action, or civil action being grounded on the
| 24 |
| allegation that a person licensed or certified under this Act | 25 |
| was negligent in
providing care, the Department shall have an | 26 |
| additional period of one year from
the date of the settlement |
|
|
|
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|
| 1 |
| or final judgment in which to investigate and begin
formal | 2 |
| disciplinary proceedings under Section 25.2 of this Act, except | 3 |
| as
otherwise provided by law. The time during which the holder | 4 |
| of the license or
certificate was outside the State of Illinois | 5 |
| shall not be included within any
period of time limiting the | 6 |
| commencement of disciplinary action by the
Department.
| 7 |
| 4. The Department may refuse to issue or take disciplinary | 8 |
| action
concerning
the license of any person who fails to file a | 9 |
| return, to pay the tax, penalty,
or interest
shown in a filed | 10 |
| return, or to pay any final assessment of tax, penalty, or
| 11 |
| interest as
required by any tax Act administered by the | 12 |
| Department of Revenue, until such
time as
the requirements of | 13 |
| any such tax Act are satisfied as determined by the
Department | 14 |
| of
Revenue.
| 15 |
| 5. In enforcing this Section, the Board, upon a showing of | 16 |
| a possible
violation, may compel a licensee or applicant to | 17 |
| submit to a mental or physical
examination, or both, as | 18 |
| required by and at the expense of the Department. The
examining | 19 |
| physicians or clinical psychologists shall be those | 20 |
| specifically
designated by the Board. The Board or the | 21 |
| Department may order (i) the
examining physician to present | 22 |
| testimony concerning the mental or physical
examination of a | 23 |
| licensee or applicant or (ii) the examining clinical
| 24 |
| psychologist to present testimony concerning the mental | 25 |
| examination of a
licensee or applicant. No information shall be | 26 |
| excluded by reason of any common
law or statutory privilege |
|
|
|
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|
| 1 |
| relating to communications between a licensee or
applicant and | 2 |
| the examining physician or clinical psychologist. An | 3 |
| individual
to be examined may have, at his or her own expense, | 4 |
| another physician or
clinical psychologist of his or her choice | 5 |
| present during all aspects of the
examination. Failure of an | 6 |
| individual to submit to a mental or physical
examination, when | 7 |
| directed, is grounds for suspension of his or her license.
The | 8 |
| license must remain suspended until the person submits to the | 9 |
| examination
or the Board finds, after notice and hearing, that | 10 |
| the refusal to submit to the
examination was with reasonable | 11 |
| cause.
| 12 |
| If the Board finds an individual unable to practice because | 13 |
| of the reasons
set forth in this Section, the Board must | 14 |
| require the individual to submit to
care, counseling, or | 15 |
| treatment by a physician or clinical psychologist approved
by | 16 |
| the Board, as a condition, term, or restriction for continued, | 17 |
| reinstated,
or renewed licensure to practice. In lieu of care, | 18 |
| counseling, or treatment,
the Board may recommend that the | 19 |
| Department file a complaint to immediately
suspend or revoke | 20 |
| the license of the individual or otherwise discipline the
| 21 |
| licensee.
| 22 |
| Any individual whose license was granted, continued, | 23 |
| reinstated, or renewed
subject to conditions, terms, or | 24 |
| restrictions, as provided for in this Section,
or any | 25 |
| individual who was disciplined or placed on supervision | 26 |
| pursuant to this
Section must be referred to the Director for a |
|
|
|
HB2407 |
- 65 - |
LRB096 10055 RPM 20220 b |
|
| 1 |
| determination as to whether the
person shall have his or her | 2 |
| license suspended immediately, pending a hearing
by the Board.
| 3 |
| (Source: P.A. 93-281, eff. 12-31-03.)
|
|