Full Text of HB0317 95th General Assembly
HB0317ham003 95TH GENERAL ASSEMBLY
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Rep. John A. Fritchey
Filed: 4/19/2007
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09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
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| AMENDMENT TO HOUSE BILL 317
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| AMENDMENT NO. ______. Amend House Bill 317, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 2. The Medical Practice Act of 1987 is amended by | 6 |
| changing Sections 22 and 23 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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 22. Disciplinary action.
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| (A) The Department may revoke, suspend, place on | 11 |
| probationary
status, refuse to renew, or take any other | 12 |
| disciplinary action as the Department may deem proper
with | 13 |
| regard to the license or visiting professor permit of any | 14 |
| person issued
under this Act to practice medicine, or to treat | 15 |
| human ailments without the use
of drugs and without operative | 16 |
| surgery upon any of the following grounds:
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| (1) Performance of an elective abortion in any place, | 2 |
| locale,
facility, or
institution other than:
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| (a) a facility licensed pursuant to the Ambulatory | 4 |
| Surgical Treatment
Center Act;
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| (b) an institution licensed under the Hospital | 6 |
| Licensing Act; or
| 7 |
| (c) an ambulatory surgical treatment center or | 8 |
| hospitalization or care
facility maintained by the | 9 |
| State or any agency thereof, where such department
or | 10 |
| agency has authority under law to establish and enforce | 11 |
| standards for the
ambulatory surgical treatment | 12 |
| centers, hospitalization, or care facilities
under its | 13 |
| management and control; or
| 14 |
| (d) ambulatory surgical treatment centers, | 15 |
| hospitalization or care
facilities maintained by the | 16 |
| Federal Government; or
| 17 |
| (e) ambulatory surgical treatment centers, | 18 |
| hospitalization or care
facilities maintained by any | 19 |
| university or college established under the laws
of | 20 |
| this State and supported principally by public funds | 21 |
| raised by
taxation.
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| (2) Performance of an abortion procedure in a wilful | 23 |
| and wanton
manner on a
woman who was not pregnant at the | 24 |
| time the abortion procedure was
performed.
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| (3) The conviction of a felony in this or any other
| 26 |
| jurisdiction, except as
otherwise provided in subsection B |
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| of this Section, whether or not related to
practice under | 2 |
| this Act, or the entry of a guilty or nolo contendere plea | 3 |
| 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 | 6 |
| unprofessional
conduct of a
character likely to deceive, | 7 |
| defraud or harm the public.
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| (6) Obtaining any fee by fraud, deceit, or
| 9 |
| misrepresentation.
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| (7) Habitual or excessive use or abuse of drugs defined | 11 |
| in law
as
controlled substances, of alcohol, or of any | 12 |
| other substances which results in
the inability to practice | 13 |
| with reasonable judgment, skill or safety.
| 14 |
| (8) Practicing under a false or, except as provided by | 15 |
| law, an
assumed
name.
| 16 |
| (9) Fraud or misrepresentation in applying for, or | 17 |
| procuring, a
license
under this Act or in connection with | 18 |
| applying for renewal of a license under
this Act.
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| (10) Making a false or misleading statement regarding | 20 |
| their
skill or the
efficacy or value of the medicine, | 21 |
| treatment, or remedy prescribed by them at
their direction | 22 |
| in the treatment of any disease or other condition of the | 23 |
| body
or mind.
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| (11) Allowing another person or organization to use | 25 |
| their
license, procured
under this Act, to practice.
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| (12) Disciplinary action of another state or |
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| jurisdiction
against a license
or other authorization to | 2 |
| practice as a medical doctor, doctor of osteopathy,
doctor | 3 |
| of osteopathic medicine or
doctor of chiropractic, a | 4 |
| certified copy of the record of the action taken by
the | 5 |
| other state or jurisdiction being prima facie evidence | 6 |
| thereof.
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| (13) Violation of any provision of this Act or of the | 8 |
| Medical
Practice Act
prior to the repeal of that Act, or | 9 |
| violation of the rules, or a final
administrative action of | 10 |
| the Secretary, after consideration of the
recommendation | 11 |
| of the Disciplinary Board.
| 12 |
| (14) Dividing with anyone other than physicians with | 13 |
| whom the
licensee
practices in a partnership, Professional | 14 |
| Association, limited liability
company, or Medical or | 15 |
| Professional
Corporation any fee, commission, rebate or | 16 |
| other form of compensation for any
professional services | 17 |
| not actually and personally rendered. Nothing contained
in | 18 |
| this subsection prohibits persons holding valid and | 19 |
| current licenses under
this Act from practicing medicine in | 20 |
| partnership under a partnership
agreement, including a | 21 |
| limited liability partnership, in a limited liability
| 22 |
| company under the Limited Liability Company Act, in a | 23 |
| corporation authorized by
the Medical Corporation Act, as | 24 |
| an
association authorized by the Professional Association | 25 |
| Act, or in a
corporation under the
Professional Corporation | 26 |
| Act or from pooling, sharing, dividing or
apportioning the |
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| fees and monies received by them or by the partnership,
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| corporation or association in accordance with the | 3 |
| partnership agreement or the
policies of the Board of | 4 |
| Directors of the corporation or association. Nothing
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| contained in this subsection prohibits 2 or more | 6 |
| corporations authorized by the
Medical Corporation Act, | 7 |
| from forming a partnership or joint venture of such
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| corporations, and providing medical, surgical and | 9 |
| scientific research and
knowledge by employees of these | 10 |
| corporations if such employees are licensed
under this Act, | 11 |
| or from pooling, sharing, dividing, or apportioning the | 12 |
| fees
and monies received by the partnership or joint | 13 |
| venture in accordance with the
partnership or joint venture | 14 |
| agreement. Nothing contained in this subsection
shall | 15 |
| abrogate the right of 2 or more persons, holding valid and | 16 |
| current
licenses under this Act, to each receive adequate | 17 |
| compensation for concurrently
rendering professional | 18 |
| services to a patient and divide a fee; provided, the
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| patient has full knowledge of the division, and, provided, | 20 |
| that the division is
made in proportion to the services | 21 |
| performed and responsibility assumed by
each.
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| (15) A finding by the Medical Disciplinary Board that | 23 |
| the
registrant after
having his or her license placed on | 24 |
| probationary status or subjected to
conditions or | 25 |
| restrictions violated the terms of the probation or failed | 26 |
| to
comply with such terms or conditions.
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| (16) Abandonment of a patient.
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| (17) Prescribing, selling, administering, | 3 |
| distributing, giving
or
self-administering any drug | 4 |
| classified as a controlled substance (designated
product) | 5 |
| 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, | 8 |
| appliances or
goods provided
for a patient in such manner | 9 |
| as to exploit the patient for financial gain of
the | 10 |
| physician.
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| (19) Offering, undertaking or agreeing to cure or treat
| 12 |
| disease by a secret
method, procedure, treatment or | 13 |
| medicine, or the treating, operating or
prescribing for any | 14 |
| human condition by a method, means or procedure which the
| 15 |
| licensee refuses to divulge upon demand of the Department.
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| (20) Immoral conduct in the commission of any act | 17 |
| including,
but not limited to, commission of an act of | 18 |
| sexual misconduct related to the
licensee's
practice.
| 19 |
| (21) Wilfully making or filing false records or reports | 20 |
| in his
or her
practice as a physician, including, but not | 21 |
| limited to, false records to
support claims against the | 22 |
| medical assistance program of the Department of Healthcare | 23 |
| and Family Services (formerly Department of
Public Aid )
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| under the Illinois Public Aid Code.
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| (22) Wilful omission to file or record, or wilfully | 26 |
| impeding
the filing or
recording, or inducing another |
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| person to omit to file or record, medical
reports as | 2 |
| required by law, or wilfully failing to report an instance | 3 |
| of
suspected abuse or neglect as required by law.
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| (23) Being named as a perpetrator in an indicated | 5 |
| report by
the Department
of Children and Family Services | 6 |
| under the Abused and Neglected Child Reporting
Act, and | 7 |
| upon proof by clear and convincing evidence that the | 8 |
| licensee has
caused a child to be an abused child or | 9 |
| neglected child as defined in the
Abused and Neglected | 10 |
| Child Reporting Act.
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| (24) Solicitation of professional patronage by any
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| corporation, agents or
persons, or profiting from those | 13 |
| representing themselves to be agents of the
licensee.
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| (25) Gross and wilful and continued overcharging for
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| professional services,
including filing false statements | 16 |
| for collection of fees for which services are
not rendered, | 17 |
| including, but not limited to, filing such false statements | 18 |
| for
collection of monies for services not rendered from 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.
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| (26) A pattern of practice or other behavior which
| 23 |
| demonstrates
incapacity
or incompetence to practice under | 24 |
| this Act.
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| (27) Mental illness or disability which results in the
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| inability to
practice under this Act with reasonable |
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| judgment, skill or safety.
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| (28) Physical illness, including, but not limited to,
| 3 |
| deterioration through
the aging process, or loss of motor | 4 |
| skill which results in a physician's
inability to practice | 5 |
| under this Act with reasonable judgment, skill or
safety.
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| (29) Cheating on or attempt to subvert the licensing
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| examinations
administered under this Act.
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| (30) Wilfully or negligently violating the | 9 |
| confidentiality
between
physician and patient except as | 10 |
| required by law.
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| (31) The use of any false, fraudulent, or deceptive | 12 |
| statement
in any
document connected with practice under | 13 |
| this Act.
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| (32) Aiding and abetting an individual not licensed | 15 |
| under this
Act in the
practice of a profession licensed | 16 |
| under this Act.
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| (33) Violating state or federal laws or regulations | 18 |
| relating
to controlled
substances, legend
drugs, or | 19 |
| ephedra, as defined in the Ephedra Prohibition Act.
| 20 |
| (34) Failure to report to the Department any adverse | 21 |
| final
action taken
against them by another licensing | 22 |
| jurisdiction (any other state or any
territory of the | 23 |
| United States or any foreign state or country), by any peer
| 24 |
| review body, by any health care institution, by any | 25 |
| professional society or
association related to practice | 26 |
| under this Act, by any governmental agency, by
any law |
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| enforcement agency, or by any court for acts or conduct | 2 |
| similar to acts
or conduct which would constitute grounds | 3 |
| for action as defined in this
Section.
| 4 |
| (35) Failure to report to the Department surrender of a
| 5 |
| license or
authorization to practice as a medical doctor, a | 6 |
| doctor of osteopathy, a
doctor of osteopathic medicine, or | 7 |
| doctor
of chiropractic in another state or jurisdiction, or | 8 |
| surrender of membership on
any medical staff or in any | 9 |
| medical or professional association or society,
while | 10 |
| under disciplinary investigation by any of those | 11 |
| authorities or bodies,
for acts or conduct similar to acts | 12 |
| or conduct which would constitute grounds
for action as | 13 |
| defined in this Section.
| 14 |
| (36) Failure to report to the Department any adverse | 15 |
| judgment,
settlement,
or award arising from a liability | 16 |
| claim related to acts or conduct similar to
acts or conduct | 17 |
| which would constitute grounds for action as defined in | 18 |
| this
Section.
| 19 |
| (37) Failure to transfer copies of medical records as | 20 |
| required
by law.
| 21 |
| (38) Failure to furnish the Department, its | 22 |
| investigators or
representatives, relevant information, | 23 |
| legally requested by the Department
after consultation | 24 |
| with the Chief Medical Coordinator or the Deputy Medical
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| Coordinator.
| 26 |
| (39) Violating the Health Care Worker Self-Referral
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| Act.
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| (40) Intentional failure to comply with
Willful | 3 |
| failure to provide notice when notice is required
under the
| 4 |
| Parental Notice of Abortion Act of 1995.
| 5 |
| (41) Failure to establish and maintain records of | 6 |
| patient care and
treatment as required by this law.
| 7 |
| (42) Entering into an excessive number of written | 8 |
| collaborative
agreements with licensed advanced practice | 9 |
| nurses resulting in an inability to
adequately collaborate | 10 |
| and provide medical direction.
| 11 |
| (43) Repeated failure to adequately collaborate with | 12 |
| or provide medical
direction to a licensed advanced | 13 |
| practice nurse.
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| Except
for actions involving the ground numbered (26), all | 15 |
| proceedings to suspend,
revoke, place on probationary status, | 16 |
| or take any
other disciplinary action as the Department may | 17 |
| deem proper, with regard to a
license on any of the foregoing | 18 |
| grounds, must be commenced within 5 years next
after receipt by | 19 |
| the Department of a complaint alleging the commission of or
| 20 |
| notice of the conviction order for any of the acts described | 21 |
| herein. Except
for the grounds numbered (8), (9), (26), and | 22 |
| (29), no action shall be commenced more
than 10 years after the | 23 |
| date of the incident or act alleged to have violated
this | 24 |
| Section. For actions involving the ground numbered (26), a | 25 |
| pattern of practice or other behavior includes all incidents | 26 |
| alleged to be part of the pattern of practice or other behavior |
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| that occurred or a report pursuant to Section 23 of this Act | 2 |
| received within the 10-year period preceding the filing of the | 3 |
| complaint. In the event of the settlement of any claim or cause | 4 |
| of action
in favor of the claimant or the reduction to final | 5 |
| judgment of any civil action
in favor of the plaintiff, such | 6 |
| claim, cause of action or civil action being
grounded on the | 7 |
| allegation that a person licensed under this Act was negligent
| 8 |
| in providing care, the Department shall have an additional | 9 |
| period of 2 years
from the date of notification to the | 10 |
| Department under Section 23 of this Act
of such settlement or | 11 |
| final judgment in which to investigate and
commence formal | 12 |
| disciplinary proceedings under Section 36 of this Act, except
| 13 |
| as otherwise provided by law. The time during which the holder | 14 |
| of the license
was outside the State of Illinois shall not be | 15 |
| included within any period of
time limiting the commencement of | 16 |
| disciplinary action by the Department.
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| The entry of an order or judgment by any circuit court | 18 |
| establishing that any
person holding a license under this Act | 19 |
| is a person in need of mental treatment
operates as a | 20 |
| suspension of that license. That person may resume their
| 21 |
| practice only upon the entry of a Departmental order based upon | 22 |
| a finding by
the Medical Disciplinary Board that they have been | 23 |
| determined to be recovered
from mental illness by the court and | 24 |
| upon the Disciplinary Board's
recommendation that they be | 25 |
| permitted to resume their practice.
| 26 |
| The Department may refuse to issue or take disciplinary |
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| action concerning the license of any person
who fails to file a | 2 |
| return, or to pay the tax, penalty or interest shown in a
filed | 3 |
| return, or to pay any final assessment of tax, penalty or | 4 |
| interest, as
required by any tax Act administered by the | 5 |
| Illinois Department of Revenue,
until such time as the | 6 |
| requirements of any such tax Act are satisfied as
determined by | 7 |
| the Illinois Department of Revenue.
| 8 |
| The Department, upon the recommendation of the | 9 |
| Disciplinary Board, shall
adopt rules which set forth standards | 10 |
| to be used in determining:
| 11 |
| (a) when a person will be deemed sufficiently | 12 |
| rehabilitated to warrant the
public trust;
| 13 |
| (b) what constitutes dishonorable, unethical or | 14 |
| unprofessional conduct of
a character likely to deceive, | 15 |
| defraud, or harm the public;
| 16 |
| (c) what constitutes immoral conduct in the commission | 17 |
| of any act,
including, but not limited to, commission of an | 18 |
| act of sexual misconduct
related
to the licensee's | 19 |
| practice; and
| 20 |
| (d) what constitutes gross negligence in the practice | 21 |
| of medicine.
| 22 |
| However, no such rule shall be admissible into evidence in | 23 |
| any civil action
except for review of a licensing or other | 24 |
| disciplinary action under this Act.
| 25 |
| In enforcing this Section, the Medical Disciplinary Board,
| 26 |
| upon a showing of a possible violation, may compel any |
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| individual licensed to
practice under this Act, or who has | 2 |
| applied for licensure or a permit
pursuant to this Act, to | 3 |
| submit to a mental or physical examination, or both,
as | 4 |
| required by and at the expense of the Department. The examining | 5 |
| physician
or physicians shall be those specifically designated | 6 |
| by the Disciplinary Board.
The Medical Disciplinary Board or | 7 |
| the Department may order the examining
physician to present | 8 |
| testimony concerning this mental or physical examination
of the | 9 |
| licensee or applicant. No information shall be excluded by | 10 |
| reason of
any common
law or statutory privilege relating to | 11 |
| communication between the licensee or
applicant and
the | 12 |
| examining physician.
The individual to be examined may have, at | 13 |
| his or her own expense, another
physician of his or her choice | 14 |
| present during all aspects of the examination.
Failure of any | 15 |
| individual to submit to mental or physical examination, when
| 16 |
| directed, shall be grounds for suspension of his or her license | 17 |
| until such time
as the individual submits to the examination if | 18 |
| the Disciplinary Board finds,
after notice and hearing, that | 19 |
| the refusal to submit to the examination was
without reasonable | 20 |
| cause. If the Disciplinary Board finds a physician unable
to | 21 |
| practice because of the reasons set forth in this Section, the | 22 |
| Disciplinary
Board shall require such physician to submit to | 23 |
| care, counseling, or treatment
by physicians approved or | 24 |
| designated by the Disciplinary Board, as a condition
for | 25 |
| continued, reinstated, or renewed licensure to practice. Any | 26 |
| physician,
whose license was granted pursuant to Sections 9, |
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| 17, or 19 of this Act, or,
continued, reinstated, renewed, | 2 |
| disciplined or supervised, subject to such
terms, conditions or | 3 |
| restrictions who shall fail to comply with such terms,
| 4 |
| conditions or restrictions, or to complete a required program | 5 |
| of care,
counseling, or treatment, as determined by the Chief | 6 |
| Medical Coordinator or
Deputy Medical Coordinators, shall be | 7 |
| referred to the Secretary for a
determination as to whether the | 8 |
| licensee shall have their license suspended
immediately, | 9 |
| pending a hearing by the Disciplinary Board. In instances in
| 10 |
| which the Secretary immediately suspends a license under this | 11 |
| Section, a hearing
upon such person's license must be convened | 12 |
| by the Disciplinary Board within 15
days after such suspension | 13 |
| and completed without appreciable delay. The
Disciplinary | 14 |
| Board shall have the authority to review the subject | 15 |
| physician's
record of treatment and counseling regarding the | 16 |
| impairment, to the extent
permitted by applicable federal | 17 |
| statutes and regulations safeguarding the
confidentiality of | 18 |
| medical records.
| 19 |
| An individual licensed under this Act, affected under this | 20 |
| Section, shall be
afforded an opportunity to demonstrate to the | 21 |
| Disciplinary Board that they can
resume practice in compliance | 22 |
| with acceptable and prevailing standards under
the provisions | 23 |
| of their license.
| 24 |
| The Department may promulgate rules for the imposition of | 25 |
| fines in
disciplinary cases, not to exceed
$10,000 for each | 26 |
| violation of this Act. Fines
may be imposed in conjunction with |
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| other forms of disciplinary action, but
shall not be the | 2 |
| exclusive disposition of any disciplinary action arising out
of | 3 |
| conduct resulting in death or injury to a patient. Any funds | 4 |
| collected from
such fines shall be deposited in the Medical | 5 |
| Disciplinary Fund.
| 6 |
| (B) The Department shall revoke the license or visiting
| 7 |
| permit of any person issued under this Act to practice medicine | 8 |
| or to treat
human ailments without the use of drugs and without | 9 |
| operative surgery, who
has been convicted a second time of | 10 |
| committing any felony under the
Illinois Controlled Substances | 11 |
| Act or the Methamphetamine Control and Community Protection | 12 |
| Act, or who has been convicted a second time of
committing a | 13 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | 14 |
| Public
Aid Code. A person whose license or visiting permit is | 15 |
| revoked
under
this subsection B of Section 22 of this Act shall | 16 |
| be prohibited from practicing
medicine or treating human | 17 |
| ailments without the use of drugs and without
operative | 18 |
| surgery.
| 19 |
| (C) The Medical Disciplinary Board shall recommend to the
| 20 |
| Department civil
penalties and any other appropriate | 21 |
| discipline in disciplinary cases when the
Board finds that a | 22 |
| physician intentionally failed to comply with
willfully | 23 |
| performed an abortion with actual
knowledge that the person | 24 |
| upon whom the abortion has been performed is a minor
or an | 25 |
| incompetent person without notice as required under the | 26 |
| Parental Notice
of Abortion Act of 1995. Upon the Board's |
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| recommendation, the Department shall
impose, for the first | 2 |
| violation, a civil penalty of $1,000 and for a second or
| 3 |
| subsequent violation, a civil penalty of $5,000.
| 4 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; | 5 |
| revised 1-3-07.)
| 6 |
| (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| 7 |
| (Section scheduled to be repealed on December 31, 2008)
| 8 |
| Sec. 23. Reports relating to professional conduct
and | 9 |
| capacity. | 10 |
| (A) Entities required to report.
| 11 |
| (1) Health care institutions. The chief administrator
| 12 |
| or executive officer of any health care institution | 13 |
| licensed
by the Illinois Department of Public Health shall | 14 |
| report to
the Disciplinary Board when any person's clinical | 15 |
| privileges
are terminated or are restricted based on a | 16 |
| final
determination, in accordance with that institution's | 17 |
| by-laws
or rules and regulations, that a person has either | 18 |
| committed
an act or acts which may directly threaten | 19 |
| patient care, and not of an
administrative nature, or that | 20 |
| a person may be mentally or
physically disabled in such a | 21 |
| manner as to endanger patients
under that person's care. | 22 |
| Such officer also shall report if
a person accepts | 23 |
| voluntary termination or restriction of
clinical | 24 |
| privileges in lieu of formal action based upon conduct | 25 |
| related
directly to patient care and
not of an |
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| administrative nature, or in lieu of formal action
seeking | 2 |
| to determine whether a person may be mentally or
physically | 3 |
| disabled in such a manner as to endanger patients
under | 4 |
| that person's care. The Medical Disciplinary Board
shall, | 5 |
| by rule, provide for the reporting to it of all
instances | 6 |
| in which a person, licensed under this Act, who is
impaired | 7 |
| by reason of age, drug or alcohol abuse or physical
or | 8 |
| mental impairment, is under supervision and, where
| 9 |
| appropriate, is in a program of rehabilitation. Such
| 10 |
| reports shall be strictly confidential and may be reviewed
| 11 |
| and considered only by the members of the Disciplinary
| 12 |
| Board, or by authorized staff as provided by rules of the
| 13 |
| Disciplinary Board. Provisions shall be made for the
| 14 |
| periodic report of the status of any such person not less
| 15 |
| than twice annually in order that the Disciplinary Board
| 16 |
| shall have current information upon which to determine the
| 17 |
| status of any such person. Such initial and periodic
| 18 |
| reports of impaired physicians shall not be considered
| 19 |
| records within the meaning of The State Records Act and
| 20 |
| shall be disposed of, following a determination by the
| 21 |
| Disciplinary Board that such reports are no longer | 22 |
| required,
in a manner and at such time as the Disciplinary | 23 |
| Board shall
determine by rule. The filing of such reports | 24 |
| shall be
construed as the filing of a report for purposes | 25 |
| of
subsection (C) of this Section.
| 26 |
| (2) Professional associations. The President or chief
|
|
|
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09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
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| 1 |
| executive officer of any association or society, of persons
| 2 |
| licensed under this Act, operating within this State shall
| 3 |
| report to the Disciplinary Board when the association or
| 4 |
| society renders a final determination that a person has
| 5 |
| committed unprofessional conduct related directly to | 6 |
| patient
care or that a person may be mentally or physically | 7 |
| disabled
in such a manner as to endanger patients under | 8 |
| that person's
care.
| 9 |
| (3) Professional liability insurers. Every insurance
| 10 |
| company which offers policies of professional liability
| 11 |
| insurance to persons licensed under this Act, or any other
| 12 |
| entity which seeks to indemnify the professional liability
| 13 |
| of a person licensed under this Act, shall report to the
| 14 |
| Disciplinary Board the settlement of any claim or cause of
| 15 |
| action, or final judgment rendered in any cause of action,
| 16 |
| which alleged negligence in the furnishing of medical care
| 17 |
| by such licensed person when such settlement or final
| 18 |
| judgment is in favor of the plaintiff.
| 19 |
| (4) State's Attorneys. The State's Attorney of each
| 20 |
| county shall report to the Disciplinary Board all instances
| 21 |
| in which a person licensed under this Act is convicted or
| 22 |
| otherwise found guilty of the commission of any felony. The | 23 |
| State's Attorney
of each county may report to the | 24 |
| Disciplinary Board through a verified
complaint any | 25 |
| instance in which the State's Attorney believes that a | 26 |
| physician
has intentionally failed to comply with
|
|
|
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09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| willfully violated the notice requirements of the Parental | 2 |
| Notice of
Abortion Act of 1995.
| 3 |
| (5) State agencies. All agencies, boards,
commissions, | 4 |
| departments, or other instrumentalities of the
government | 5 |
| of the State of Illinois shall report to the
Disciplinary | 6 |
| Board any instance arising in connection with
the | 7 |
| operations of such agency, including the administration
of | 8 |
| any law by such agency, in which a person licensed under
| 9 |
| this Act has either committed an act or acts which may be a
| 10 |
| violation of this Act or which may constitute | 11 |
| unprofessional
conduct related directly to patient care or | 12 |
| which indicates
that a person licensed under this Act may | 13 |
| be mentally or
physically disabled in such a manner as to | 14 |
| endanger patients
under that person's care.
| 15 |
| (B) Mandatory reporting. All reports required by items | 16 |
| (34), (35), and
(36) of subsection (A) of Section 22 and by | 17 |
| Section 23 shall be submitted to the Disciplinary Board in a | 18 |
| timely
fashion. The reports shall be filed in writing within 60
| 19 |
| days after a determination that a report is required under
this | 20 |
| Act. All reports shall contain the following
information:
| 21 |
| (1) The name, address and telephone number of the
| 22 |
| person making the report.
| 23 |
| (2) The name, address and telephone number of the
| 24 |
| person who is the subject of the report.
| 25 |
| (3) The name and date of birth of any
patient or | 26 |
| patients whose treatment is a subject of the
report, if |
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
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| 1 |
| available, or other means of identification if such | 2 |
| information is not available, identification of the | 3 |
| hospital or other
healthcare facility where the care at | 4 |
| issue in the report was rendered,
provided, however, no | 5 |
| medical records may be
revealed.
| 6 |
| (4) A brief description of the facts which gave rise
to | 7 |
| the issuance of the report, including the dates of any
| 8 |
| occurrences deemed to necessitate the filing of the report.
| 9 |
| (5) If court action is involved, the identity of the
| 10 |
| court in which the action is filed, along with the docket
| 11 |
| number and date of filing of the action.
| 12 |
| (6) Any further pertinent information which the
| 13 |
| reporting party deems to be an aid in the evaluation of the
| 14 |
| report.
| 15 |
| The Disciplinary Board or Department may also exercise the | 16 |
| power under Section
38 of this Act to subpoena copies of | 17 |
| hospital or medical records in mandatory
report cases alleging | 18 |
| death or permanent bodily injury. Appropriate
rules shall be | 19 |
| adopted by the Department with the approval of the Disciplinary
| 20 |
| Board.
| 21 |
| When the Department has received written reports | 22 |
| concerning incidents
required to be reported in items (34), | 23 |
| (35), and (36) of subsection (A) of
Section 22, the licensee's | 24 |
| failure to report the incident to the Department
under those | 25 |
| items shall not be the sole grounds for disciplinary action.
| 26 |
| Nothing contained in this Section shall act to in any
way, |
|
|
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09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| waive or modify the confidentiality of medical reports
and | 2 |
| committee reports to the extent provided by law. Any
| 3 |
| information reported or disclosed shall be kept for the
| 4 |
| confidential use of the Disciplinary Board, the Medical
| 5 |
| Coordinators, the Disciplinary Board's attorneys, the
medical | 6 |
| investigative staff, and authorized clerical staff,
as | 7 |
| provided in this Act, and shall be afforded the same
status as | 8 |
| is provided information concerning medical studies
in Part 21 | 9 |
| of Article VIII of the Code of Civil Procedure, except that the | 10 |
| Department may disclose information and documents to a federal, | 11 |
| State, or local law enforcement agency pursuant to a subpoena | 12 |
| in an ongoing criminal investigation. Furthermore, information | 13 |
| and documents disclosed to a federal, State, or local law | 14 |
| enforcement agency may be used by that agency only for the | 15 |
| investigation and prosecution of a criminal offense.
| 16 |
| (C) Immunity from prosecution. Any individual or
| 17 |
| organization acting in good faith, and not in a wilful and
| 18 |
| wanton manner, in complying with this Act by providing any
| 19 |
| report or other information to the Disciplinary Board or a peer | 20 |
| review committee, or
assisting in the investigation or | 21 |
| preparation of such
information, or by voluntarily reporting to | 22 |
| the Disciplinary Board
or a peer review committee information | 23 |
| regarding alleged errors or negligence by a person licensed | 24 |
| under this Act, or by participating in proceedings of the
| 25 |
| Disciplinary Board or a peer review committee, or by serving as | 26 |
| a member of the
Disciplinary Board or a peer review committee, |
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| shall not, as a result of such actions,
be subject to criminal | 2 |
| prosecution or civil damages.
| 3 |
| (D) Indemnification. Members of the Disciplinary
Board, | 4 |
| the Medical Coordinators, the Disciplinary Board's
attorneys, | 5 |
| the medical investigative staff, physicians
retained under | 6 |
| contract to assist and advise the medical
coordinators in the | 7 |
| investigation, and authorized clerical
staff shall be | 8 |
| indemnified by the State for any actions
occurring within the | 9 |
| scope of services on the Disciplinary
Board, done in good faith | 10 |
| and not wilful and wanton in
nature. The Attorney General shall | 11 |
| defend all such actions
unless he or she determines either that | 12 |
| there would be a
conflict of interest in such representation or | 13 |
| that the
actions complained of were not in good faith or were | 14 |
| wilful
and wanton.
| 15 |
| Should the Attorney General decline representation, the
| 16 |
| member shall have the right to employ counsel of his or her
| 17 |
| choice, whose fees shall be provided by the State, after
| 18 |
| approval by the Attorney General, unless there is a
| 19 |
| determination by a court that the member's actions were not
in | 20 |
| good faith or were wilful and wanton.
| 21 |
| The member must notify the Attorney General within 7
days | 22 |
| of receipt of notice of the initiation of any action
involving | 23 |
| services of the Disciplinary Board. Failure to so
notify the | 24 |
| Attorney General shall constitute an absolute
waiver of the | 25 |
| right to a defense and indemnification.
| 26 |
| The Attorney General shall determine within 7 days
after |
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| receiving such notice, whether he or she will
undertake to | 2 |
| represent the member.
| 3 |
| (E) Deliberations of Disciplinary Board. Upon the
receipt | 4 |
| of any report called for by this Act, other than
those reports | 5 |
| of impaired persons licensed under this Act
required pursuant | 6 |
| to the rules of the Disciplinary Board,
the Disciplinary Board | 7 |
| shall notify in writing, by certified
mail, the person who is | 8 |
| the subject of the report. Such
notification shall be made | 9 |
| within 30 days of receipt by the
Disciplinary Board of the | 10 |
| report.
| 11 |
| The notification shall include a written notice setting
| 12 |
| forth the person's right to examine the report. Included in
| 13 |
| such notification shall be the address at which the file is
| 14 |
| maintained, the name of the custodian of the reports, and
the | 15 |
| telephone number at which the custodian may be reached.
The | 16 |
| person who is the subject of the report shall submit a written | 17 |
| statement responding,
clarifying, adding to, or proposing the | 18 |
| amending of the
report previously filed. The person who is the | 19 |
| subject of the report shall also submit with the written | 20 |
| statement any medical records related to the report. The | 21 |
| statement and accompanying medical records shall become a
| 22 |
| permanent part of the file and must be received by the
| 23 |
| Disciplinary Board no more than
30 days after the date on
which | 24 |
| the person was notified by the Disciplinary Board of the | 25 |
| existence of
the
original report.
| 26 |
| The Disciplinary Board shall review all reports
received by |
|
|
|
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LRB095 03378 RLC 35171 a |
|
| 1 |
| it, together with any supporting information and
responding | 2 |
| statements submitted by persons who are the
subject of reports. | 3 |
| The review by the Disciplinary Board
shall be in a timely | 4 |
| manner but in no event, shall the
Disciplinary Board's initial | 5 |
| review of the material
contained in each disciplinary file be | 6 |
| less than 61 days nor
more than 180 days after the receipt of | 7 |
| the initial report
by the Disciplinary Board.
| 8 |
| When the Disciplinary Board makes its initial review of
the | 9 |
| materials contained within its disciplinary files, the
| 10 |
| Disciplinary Board shall, in writing, make a determination
as | 11 |
| to whether there are sufficient facts to warrant further
| 12 |
| investigation or action. Failure to make such determination
| 13 |
| within the time provided shall be deemed to be a
determination | 14 |
| that there are not sufficient facts to warrant
further | 15 |
| investigation or action.
| 16 |
| Should the Disciplinary Board find that there are not
| 17 |
| sufficient facts to warrant further investigation, or
action, | 18 |
| the report shall be accepted for filing and the
matter shall be | 19 |
| deemed closed and so reported to the Secretary. The Secretary
| 20 |
| shall then have 30 days to accept the Medical Disciplinary | 21 |
| Board's decision or
request further investigation. The | 22 |
| Secretary shall inform the Board in writing
of the decision to | 23 |
| request further investigation, including the specific
reasons | 24 |
| for the decision. The
individual or entity filing the original | 25 |
| report or complaint
and the person who is the subject of the | 26 |
| report or complaint
shall be notified in writing by the |
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| Secretary of
any final action on their report or complaint.
| 2 |
| (F) Summary reports. The Disciplinary Board shall
prepare, | 3 |
| on a timely basis, but in no event less than one
every other | 4 |
| month, a summary report of final actions taken
upon | 5 |
| disciplinary files maintained by the Disciplinary Board.
The | 6 |
| summary reports shall be sent by the Disciplinary Board
to | 7 |
| every health care facility licensed by the Illinois
Department | 8 |
| of Public Health, every professional association
and society of | 9 |
| persons licensed under this Act functioning
on a statewide | 10 |
| basis in this State, the American Medical
Association, the | 11 |
| American Osteopathic Association, the
American Chiropractic | 12 |
| Association, all insurers providing
professional liability | 13 |
| insurance to persons licensed under
this Act in the State of | 14 |
| Illinois, the Federation of State
Medical Licensing Boards, and | 15 |
| the Illinois Pharmacists
Association.
| 16 |
| (G) Any violation of this Section shall be a Class A
| 17 |
| misdemeanor.
| 18 |
| (H) If any such person violates the provisions of this
| 19 |
| Section an action may be brought in the name of the People
of | 20 |
| the State of Illinois, through the Attorney General of
the | 21 |
| State of Illinois, for an order enjoining such violation
or for | 22 |
| an order enforcing compliance with this Section.
Upon filing of | 23 |
| a verified petition in such court, the court
may issue a | 24 |
| temporary restraining order without notice or
bond and may | 25 |
| preliminarily or permanently enjoin such
violation, and if it | 26 |
| is established that such person has
violated or is violating |
|
|
|
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LRB095 03378 RLC 35171 a |
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| 1 |
| the injunction, the court may
punish the offender for contempt | 2 |
| of court. Proceedings
under this paragraph shall be in addition | 3 |
| to, and not in
lieu of, all other remedies and penalties | 4 |
| provided for by
this Section.
| 5 |
| (Source: P.A. 94-677, eff. 8-25-05 .)
| 6 |
| Section 5. The Parental Notice of Abortion Act of 1995 is | 7 |
| amended by changing Sections 5, 10, 15, 20, 40, 45, 90, and 95 | 8 |
| and by adding Sections 24 and 26 as follows:
| 9 |
| (750 ILCS 70/5)
| 10 |
| Sec. 5. Legislative findings and purpose. The General | 11 |
| Assembly finds that involvement of a responsible and caring | 12 |
| adult in an unemancipated minor's decision about her pregnancy | 13 |
| can facilitate quality decision making. The General Assembly | 14 |
| finds that the involvement of an adult family member can help | 15 |
| to guide an unemancipated minor in making such healthcare | 16 |
| decisions. When circumstances preclude the involvement of an | 17 |
| adult family member, it is the intent of this Act to create an | 18 |
| alternative procedure that will ensure counseling and guidance | 19 |
| as to all of the minor's options relating to the minor's | 20 |
| decision about her pregnancy. The General Assembly's purpose in | 21 |
| enacting this Act is to further its goal of ensuring quality | 22 |
| healthcare for all of its citizens.
The General Assembly finds
| 23 |
| that notification of a family member as defined in this Act is | 24 |
| in the best
interest of an unemancipated minor, and the General |
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| Assembly's purpose in
enacting this parental notice law is to | 2 |
| further and protect the best interests
of an unemancipated | 3 |
| minor.
| 4 |
| The medical, emotional, and psychological consequences of | 5 |
| abortion are
sometimes serious and long-lasting, and immature | 6 |
| minors often lack the ability
to make fully informed choices | 7 |
| that consider both the immediate and long-range
consequences.
| 8 |
| Parental consultation is usually in the best interest of | 9 |
| the minor and is
desirable since the capacity to become | 10 |
| pregnant and the capacity for mature
judgment concerning the | 11 |
| wisdom of an abortion are not necessarily related.
| 12 |
| (Source: P.A. 89-18, eff. 6-1-95.)
| 13 |
| (750 ILCS 70/10)
| 14 |
| Sec. 10. Definitions. As used in this Act:
| 15 |
| "Abortion" means the use of any instrument, medicine, or | 16 |
| drug, or any other
substance or device to terminate the | 17 |
| pregnancy of a woman known to be pregnant
with an intention | 18 |
| other than to increase the probability of a live birth, or to
| 19 |
| preserve the life or health of a child after live birth , or to | 20 |
| remove a dead
fetus .
| 21 |
| "Actual notice" means the giving of notice directly, in | 22 |
| person, or by
telephone , and not by facsimile, voicemail, or | 23 |
| answering machine .
| 24 |
| "Adult family member" means a person over 18
21 years of | 25 |
| age who is : |
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| (1) the parent of the minor; | 2 |
| (2) a step-parent married to and residing with the | 3 |
| custodial parent of the minor; | 4 |
| (3) a legal guardian of the minor; or | 5 |
| (4) a grandparent, aunt, or uncle of the minor.
the | 6 |
| parent,
grandparent, step-parent living in the household, | 7 |
| or legal guardian.
| 8 |
| "Constructive notice" means notice sent by certified mail | 9 |
| to the last known
address of the person who can receive notice | 10 |
| under Section 15 of this Act,
entitled to notice with delivery | 11 |
| deemed to have occurred
48 hours after the certified notice is | 12 |
| mailed.
| 13 |
| "Counselor" means a person who is an advanced practice | 14 |
| nurse licensed under the Nursing and Advanced Practice Nursing | 15 |
| Act, a physician licensed under the Medical Practice Act of | 16 |
| 1987, a clinical psychologist licensed under the Clinical | 17 |
| Psychologist Licensing Act, or a clinical social worker | 18 |
| licensed under the Clinical Social Work and Social Work | 19 |
| Practice Act.
| 20 |
| "Incompetent" means any person who has been adjudged as | 21 |
| mentally ill or
developmentally disabled and who, because of | 22 |
| her mental illness or
developmental disability, is not fully | 23 |
| able to manage her person and for whom a
guardian of the person | 24 |
| has been appointed under Section 11a-3(a)(1) of the
Probate Act | 25 |
| of 1975.
| 26 |
| "Medical emergency" means a condition that, on the basis of |
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| the
physician's good faith clinical judgment, so complicates | 2 |
| the medical condition
of a pregnant woman as to necessitate the | 3 |
| immediate abortion of her pregnancy
to avert her death or for | 4 |
| which a delay will create serious risk to her health
of
| 5 |
| substantial and irreversible impairment of major bodily | 6 |
| function .
| 7 |
| "Minor" means any person under 18 years of age who is not | 8 |
| or has not been
married or who has not been emancipated under | 9 |
| the Emancipation of Mature
Minors Act.
| 10 |
| "Neglect" means the failure of an adult family member to | 11 |
| supply a child with
necessary food, clothing, shelter, or | 12 |
| medical care when reasonably able to do
so or the failure to | 13 |
| protect a child from conditions or actions that imminently
and | 14 |
| seriously endanger the child's physical or mental health when | 15 |
| reasonably
able to do so.
| 16 |
| "Physical abuse" means any physical injury intentionally | 17 |
| inflicted by an
adult family member on a child.
| 18 |
| "Physician" means any person licensed to practice medicine | 19 |
| in all its
branches under the Illinois Medical Practice Act of | 20 |
| 1987.
| 21 |
| "Sexual abuse" means any sexual conduct or sexual | 22 |
| penetration as defined in
Section 12-12 of the Criminal Code of | 23 |
| 1961 that is prohibited by the criminal
laws of the State of | 24 |
| Illinois and committed against a minor by an adult family
| 25 |
| member as defined in this Act.
| 26 |
| (Source: P.A. 89-18, eff. 6-1-95; revised 10-9-03.)
|
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| (750 ILCS 70/15)
| 2 |
| Sec. 15. Prohibitions
Notice to adult family member . No | 3 |
| person shall intentionally perform an abortion upon a minor | 4 |
| unless the person or his or her agent has given at least 48 | 5 |
| hours' actual notice to an adult family member of the pregnant | 6 |
| minor of his or her intention to perform the abortion, unless | 7 |
| that person or his or her agent has received a written | 8 |
| statement by a referring physician certifying that the | 9 |
| referring physician or his or her agent has given at least 48 | 10 |
| hours' notice to an adult family member of the pregnant minor. | 11 |
| If actual notice is not possible based on reasonable efforts by | 12 |
| the person seeking to perform the abortion, or his or her | 13 |
| agent, within one day, that person or his or her agent must | 14 |
| give 48 hours' constructive notice.
No person shall knowingly
| 15 |
| perform an abortion upon a minor or upon an incompetent person | 16 |
| unless the
physician or his or her agent has given at least 48 | 17 |
| hours actual notice to an
adult family member of the pregnant | 18 |
| minor or incompetent person of his or her
intention to perform | 19 |
| the abortion, unless that person or his or her agent has
| 20 |
| received a written statement by a referring physician | 21 |
| certifying that the
referring physician or his or her agent has | 22 |
| given at least 48 hours notice to
an adult family member of the | 23 |
| pregnant minor or incompetent person. If actual
notice is not | 24 |
| possible after a reasonable effort, the physician or his or her
| 25 |
| agent must give 48 hours constructive notice.
|
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| (Source: P.A. 89-18, eff. 6-1-95.)
| 2 |
| (750 ILCS 70/20)
| 3 |
| Sec. 20. Exceptions. Notice shall not be required under | 4 |
| this Act if:
| 5 |
| (1) at the time the abortion is performed, the minor or | 6 |
| incompetent person is accompanied by a person who can | 7 |
| receive
entitled to
notice under Section 15 of this Act ; or
| 8 |
| (2) notice under this Act is waived in writing by a | 9 |
| person who can receive
is entitled to notice under Section | 10 |
| 15 of this Act ;
or
| 11 |
| (3) the attending physician certifies in the patient's | 12 |
| medical record that
a medical emergency exists and there is | 13 |
| insufficient time to provide the
required notice; or
| 14 |
| (4) the minor declares in writing to the physician or | 15 |
| to an agent of the physician that she is a victim of sexual | 16 |
| abuse,
neglect, or physical abuse by an adult family | 17 |
| member , as defined in this Act , in which case: (i) the .
The | 18 |
| attending physician must certify in the patient's medical | 19 |
| record that he or
she has received the written declaration | 20 |
| of abuse , (ii) any
or neglect . Any notification
of public | 21 |
| authorities of abuse that may be required under other laws | 22 |
| of this
State need not be made by the person performing the | 23 |
| abortion until after the
minor receives an abortion that | 24 |
| otherwise complies with the requirements of
this Act , and | 25 |
| (iii) the Department of Children and Family Services shall, |
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
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| 1 |
| pursuant to Section 7.19 of the Abused and Neglected Child | 2 |
| Reporting Act, prohibit the release of any information or | 3 |
| data that would identify or locate the person who made the | 4 |
| report of abuse, or that in any way would reveal the | 5 |
| minor's abortion choice ; or
| 6 |
| (5) notice under this Act is waived by the minor | 7 |
| participating in an information
and counseling session as | 8 |
| set forth in
under Section 24; or
25.
| 9 |
| (6) notice is waived under Section 26.
| 10 |
| (Source: P.A. 89-18, eff. 6-1-95.)
| 11 |
| (750 ILCS 70/24 new) | 12 |
| Sec. 24. Information and counseling for minors. | 13 |
| (a) The provision of information and counseling by a | 14 |
| counselor for any pregnant minor for decision making regarding | 15 |
| pregnancy shall be in accordance with this
Section. | 16 |
| (b) Any counselor providing pregnancy information and | 17 |
| counseling under this Section shall, in a manner designed to be | 18 |
| clear and understandable to the minor: | 19 |
| (1) explain that the information being given to the | 20 |
| minor is being given objectively and is not intended to | 21 |
| coerce, persuade, or induce the minor to choose either to | 22 |
| have an abortion or to carry the pregnancy to term; | 23 |
| (2) discuss the possibility of involving the minor's | 24 |
| parents, guardian, or other adult family members in the | 25 |
| minor's decision making concerning the pregnancy and
|
|
|
|
09500HB0317ham003 |
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LRB095 03378 RLC 35171 a |
|
| 1 |
| explore whether the minor believes that involvement would | 2 |
| be in the minor's best interest; | 3 |
| (3) clearly and fully explore with the minor the | 4 |
| alternative choices available for managing the pregnancy; | 5 |
| (4) explain that the minor may withdraw a decision to | 6 |
| have an abortion at any time before the abortion is | 7 |
| performed and may reconsider a decision not to have an
| 8 |
| abortion at any time within the time period during which an | 9 |
| abortion may legally be performed; and | 10 |
| (5) provide adequate opportunity for the minor to ask | 11 |
| any questions concerning the pregnancy, abortion, child | 12 |
| care, and adoption, and provide the information the minor
| 13 |
| seeks or, if the counselor cannot provide the information, | 14 |
| indicate where the minor can receive the information. | 15 |
| (c) After the counselor provides the information and | 16 |
| counseling to a minor as required by this Section, that person | 17 |
| shall have the minor sign and date a form stating that: | 18 |
| (1) the minor has received information on prenatal care | 19 |
| and alternatives to abortion and that there are agencies | 20 |
| that will provide assistance; | 21 |
| (2) the counselor has discussed with the minor the | 22 |
| possibility of involving the minor's parents, guardian, or | 23 |
| other adult family members in the minor's decision making | 24 |
| about the pregnancy; | 25 |
| (3) the minor has received an explanation that the | 26 |
| minor may withdraw an abortion decision or reconsider a |
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| decision to carry a pregnancy to term; | 2 |
| (4) the alternatives available for managing the | 3 |
| pregnancy have been clearly and fully explored with the | 4 |
| minor; | 5 |
| (5) the minor has received an explanation about | 6 |
| agencies available to provide birth control information; | 7 |
| and | 8 |
| (6) the minor has been given an adequate opportunity to | 9 |
| ask questions. | 10 |
| The counselor providing the information and counseling | 11 |
| shall also sign and date the form and include the counselor's | 12 |
| address and telephone number. The counselor shall retain a copy | 13 |
| in his or her files and shall give the form to the minor or, if | 14 |
| the minor requests and if the counselor providing information | 15 |
| and counseling is not the attending physician, transmit the | 16 |
| form to the minor's attending physician. | 17 |
| The counselor providing information and counseling | 18 |
| pursuant to this Section shall have no current actual financial | 19 |
| relationship with the healthcare provider who will perform the | 20 |
| minor's abortion, and such information and counseling shall not | 21 |
| be provided in the facility in which the minor's abortion shall | 22 |
| be performed.
| 23 |
| (750 ILCS 70/26 new) | 24 |
| Sec. 26. Procedure for judicial waiver of notice. | 25 |
| (a) The requirements and procedures under this Section are |
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| available to minors whether or not they are residents of this | 2 |
| State. | 3 |
| (b) The minor may petition any circuit court for a waiver | 4 |
| of the notice requirement and may participate in proceedings on | 5 |
| her own behalf. The circuit court shall immediately advise the | 6 |
| minor that she has a right to court-appointed counsel and shall | 7 |
| provide her with counsel upon her request. The court shall | 8 |
| appoint a guardian ad litem for the minor. Any guardian ad | 9 |
| litem appointed under this Act shall act in the best interest | 10 |
| of the minor and shall take all steps necessary to maintain the | 11 |
| absolute confidentiality of the proceedings. | 12 |
| (c) Court proceedings under this Section shall be | 13 |
| confidential and shall ensure the anonymity of the minor. The | 14 |
| minor shall have the right to file her petition in the circuit | 15 |
| court using a pseudonym or using solely her initials. All | 16 |
| documents filed with or prepared by the court in connection | 17 |
| with the minor's petition shall be maintained under seal. All | 18 |
| documents related to the minor's petition shall be confidential | 19 |
| and shall not be made available to the public. All circuit | 20 |
| courts shall establish procedures that will ensure that all | 21 |
| communications between a minor seeking to file, or having | 22 |
| filed, a petition under this Section and the circuit court | 23 |
| clerk's office are conducted confidentially. Such procedures | 24 |
| shall include designation of a member of the clerk's office | 25 |
| staff who will conduct all communication with the minor, a | 26 |
| designated telephone line for contact with such minors, and a |
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| private space within the clerk's office for communications | 2 |
| between the minor and designated personnel. All court | 3 |
| personnel, including clerk's office staff, shall take all steps | 4 |
| necessary to maintain absolute confidentiality in connection | 5 |
| with the minor's petition. Court personnel are prohibited from | 6 |
| disclosing any information about the minor or her petition to | 7 |
| any member of the public or to other court personnel unless | 8 |
| disclosure to such personnel is essential to the resolution of | 9 |
| the minor's petition. All proceedings relating to the minor's | 10 |
| petition shall be closed to the public, with entry permitted | 11 |
| only to the minor, or any person she asks to be present, the | 12 |
| minor's counsel, the guardian ad litem, the circuit court judge | 13 |
| and other essential courtroom personnel.
These proceedings | 14 |
| shall be given precedence over other pending matters to the | 15 |
| extent necessary to ensure that the court reaches a prompt | 16 |
| decision. Any hearing on the minor's petition must be held and | 17 |
| a ruling issued within 48 hours of the time that the petition | 18 |
| is filed, except that the 48 hour limitation may be extended at | 19 |
| the request of the minor. The court shall issue its ruling | 20 |
| along with findings of fact and conclusions of law at the | 21 |
| conclusion of any hearing on the minor's petition. Such | 22 |
| findings and conclusions shall be memorialized in a certified, | 23 |
| confidential transcript of the proceedings. A court that | 24 |
| conducts proceedings under this Section shall order that a | 25 |
| confidential record of the evidence and the court's findings | 26 |
| and conclusions be maintained. If the court fails to rule |
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| within 48 hours of the time that the petition was filed, and | 2 |
| the minor has not requested an extension, the petition shall be | 3 |
| deemed to have been granted, and the notice requirement shall | 4 |
| be waived. In such case, the clerk's office shall provide the | 5 |
| minor with an official certification of waiver of notice. If | 6 |
| the court denies the minor's petition, it shall, at the time of | 7 |
| such denial, inform the minor of her right to pursue an appeal | 8 |
| from the denial of her petition and the steps she must take to | 9 |
| pursue such appeal. In addition, such steps shall be set forth | 10 |
| in detail on the back of the court's order denying the minor's | 11 |
| petition. | 12 |
| (d) Notice shall be waived if the court finds by a | 13 |
| preponderance of the evidence either: | 14 |
| (1) that the minor is sufficiently mature and well | 15 |
| enough informed to decide intelligently whether to have an | 16 |
| abortion; or | 17 |
| (2) that notification under Section 15 of this Act | 18 |
| would not be in the best interests of the minor. | 19 |
| (e) In the event that the court finds that the minor has | 20 |
| met either of the standards for waiver of notice set forth in | 21 |
| subsection (d), the court shall enter an order permitting a | 22 |
| qualified medical professional to perform an abortion on the | 23 |
| minor without giving notice under this Act and setting forth | 24 |
| that the minor may legally consent to the abortion procedure. | 25 |
| (f) An expedited confidential appeal shall be available, as | 26 |
| set forth in Illinois Supreme Court Rule 303A, to any minor to |
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| whom the circuit court denies a waiver of notice. An order | 2 |
| authorizing an abortion without notice shall not be subject to | 3 |
| appeal. | 4 |
| (g) No fees shall be required of any minor who avails | 5 |
| herself of the procedures provided by this Section.
| 6 |
| (750 ILCS 70/40)
| 7 |
| Sec. 40. Penalties.
| 8 |
| (a) A
Any physician who intentionally
willfully fails to | 9 |
| comply with
provide notice as required under
this Act may
| 10 |
| before performing an abortion on a minor or an incompetent | 11 |
| person
shall be referred to the Illinois State Medical | 12 |
| Disciplinary Board for appropriate action
in accordance with | 13 |
| Section 22 of the Medical Practice Act of 1987 .
| 14 |
| (b) A
Any person, not authorized under this Act, who signs | 15 |
| any waiver of
notice for a minor or incompetent person seeking | 16 |
| an abortion, is guilty of a
Class C misdemeanor.
| 17 |
| (c) A person who discloses confidential information | 18 |
| obtained in the context of counseling under Section 24 of this | 19 |
| Act is guilty of a Class C misdemeanor.
| 20 |
| (Source: P.A. 89-18, eff. 6-1-95.)
| 21 |
| (750 ILCS 70/45)
| 22 |
| Sec. 45. Immunity. A
Any physician who, in good faith, | 23 |
| provides notice in
accordance with Section 15 or relies on an | 24 |
| exception under Section 20
shall not be subject to any type of |
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| civil or criminal liability or discipline
for unprofessional | 2 |
| conduct for failure to give required notice required under this | 3 |
| Act. A counselor who in good faith provides information and | 4 |
| counseling to a minor pursuant to Section 24 shall not be | 5 |
| subject to any type of civil or criminal liability or | 6 |
| discipline for unprofessional conduct for any of his or her | 7 |
| actions in connection with providing such counseling and | 8 |
| information .
| 9 |
| (Source: P.A. 89-18, eff. 6-1-95.)
| 10 |
| (750 ILCS 70/90)
| 11 |
| Sec. 90. The Illinois Abortion Parental Consent Act of | 12 |
| 1977 , which was repealed by Public Act 89-18, is again | 13 |
| repealed. | 14 |
| (Source: P.A. 89-18, eff. 6-1-95.)
| 15 |
| (750 ILCS 70/95)
| 16 |
| Sec. 95. The Parental Notice of Abortion Act of 1983 , which | 17 |
| was repealed by Public Act 89-18, is again repealed. | 18 |
| (Source: P.A. 89-18, eff. 6-1-95.)
| 19 |
| (750 ILCS 70/25 rep.)
| 20 |
| (750 ILCS 70/50 rep.)
| 21 |
| Section 10. The Parental Notice of Abortion Act of 1995 is | 22 |
| amended by repealing Sections 25 and 50.".
|
|