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Rep. Karen May
Filed: 3/6/2007
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| AMENDMENT TO HOUSE BILL 691
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| AMENDMENT NO. ______. Amend House Bill 691, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 1. Short title. This Act may be cited as the |
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| Internet Prescribing Prohibition Act . |
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| Section 5. Definitions. In this Act: |
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| "Division" means the Division of Professional Regulation |
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| of the Department of Financial and Professional Regulation. |
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| "Licensed prescribers" means physicians licensed to |
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| practice medicine in all its branches, licensed podiatrists, |
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| therapeutically-certified optometrists, licensed dentists, |
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| licensed physician assistants who have been delegated |
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| prescriptive authority by a supervising physician, and |
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| licensed advanced practice registered nurses who have a written |
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| collaborative agreement with a collaborating physician that |
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| authorizes prescriptive authority. |
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| Section 10. Prohibition on Internet prescribing. |
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| (a) Illinois licensed prescribers may not knowingly |
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| prescribe controlled substances under the Illinois Controlled |
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| Substances Act for a patient via the Internet, World Wide Web, |
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| telephone, facsimile, or any other electronic means unless the |
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| following elements have been met: |
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| (1) the patient has been physically examined by the |
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| prescriber or has been given a documented patient |
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| evaluation, including health history and a physical |
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| examination, to establish the diagnosis for which any |
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| legend drug is prescribed; |
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| (2) the prescriber and the patient have discussed |
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| treatment options and the risks and benefits of treatment; |
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| and |
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| (3) the prescriber has maintained the patient's |
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| medical records. |
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| (b) The provisions of subdivision (1) of subsection (a) of |
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| this Section are not applicable in an emergency situation. For |
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| purposes of this Section, an emergency situation means those |
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| situations in which the prescriber determines that the |
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| immediate administration of the medication is necessary for the |
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| proper treatment of the patient and it is not reasonably |
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| possible for the prescriber to comply with the provisions of |
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| this Section prior to providing such prescription. |
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| (c) The provisions of subdivision (1) of subsection (a) of |
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| this Section shall not be construed to prohibit patient care in |
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| the following circumstances: |
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| (1) in consultation with another health care |
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| professional who has an ongoing relationship with the |
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| patient and who has agreed to supervise the patient's |
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| treatment, including the use of any prescribed |
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| medications; |
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| (2) on-call or cross-coverage situations in which a |
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| prescriber provides care for another prescriber's |
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| patients; |
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| (3) admission orders for a newly hospitalized patient; |
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| (4) orders for patients in long-term care facilities or |
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| hospitals recommended by registered professional nurses; |
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| and |
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| (5) continuing medications on a short-term basis for a |
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| new patient prior to the first appointment. |
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| (d) Nothing in this Section shall be construed to prevent |
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| the electronic distribution of a prescription to a pharmacy. |
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| Section 15. Penalties. A person convicted of violating this |
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| Act is guilty of a business offense and shall be fined not less |
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| than $1,000 for the first violation and not less than $2,000 |
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| for a second or subsequent violation. A person convicted of |
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| violating this Act must be reported to the Division for |
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| appropriate licensing board review.
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| Section 90. The Illinois Dental Practice Act is amended by |
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| 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 |
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| licenses. The
Department may refuse to issue or renew, or may |
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| revoke, suspend, place on
probation, reprimand or take other |
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| disciplinary action as the Department
may deem proper, |
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| 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 |
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| 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 |
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| drugs.
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| 3. Willful or repeated violations of the rules of the |
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| Department of
Public Health or Department of Nuclear |
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| Safety.
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| 4. Acceptance of a fee for service as a witness, |
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| without the
knowledge of the court, in addition to the fee |
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| allowed by the court.
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| 5. Division of fees or agreeing to split or divide the |
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| fees received
for dental services with any person for |
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| bringing or referring a patient,
except in regard to |
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| referral services as provided for under Section 45,
or |
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| assisting in the care or treatment of a patient,
without |
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| the
knowledge of the patient or his legal representative.
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| 6. Employing, procuring, inducing, aiding or abetting |
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| a person not
licensed or registered as a dentist to engage |
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| in the practice of
dentistry. The person practiced upon is |
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| 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, |
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| directly or
indirectly, to influence, persuade or induce |
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| dental patronage.
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| 8. Professional connection or association with or |
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| lending his name
to another for the illegal practice of |
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| dentistry by another, or
professional connection or |
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| association with any person, firm or
corporation holding |
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| 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 |
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| any other
things of value by false or fraudulent |
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| representations, but
not limited to, engaging in such |
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| fraudulent practice to defraud the
medical assistance |
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| program of the Department of Healthcare and Family Services |
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| (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 |
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| 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 |
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| which is a
felony under the laws of this State or |
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| conviction of a felony in a
federal court, conviction of a |
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| misdemeanor, an essential element of which
is dishonesty, |
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| 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 |
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| other person
under his or her supervision to perform
any |
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| operation not authorized by this Act.
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| 14. Permitting more than 4 dental hygienists to be |
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| employed under
his supervision at any one time.
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| 15. A violation of any provision of this
Act or any |
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| rules promulgated under this Act.
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| 16. Taking impressions for or using the services of any |
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| person, firm
or corporation violating this Act.
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| 17. Violating any provision of Section 45 relating to |
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| advertising.
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| 18. Discipline by another U.S. jurisdiction or foreign |
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| nation,
if at least one of the grounds for the discipline |
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| is the
same or substantially equivalent to those set forth |
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| within this Act.
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| 19. Willfully failing to report an instance of |
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| suspected child abuse or
neglect as required by the Abused |
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| and Neglected Child Reporting
Act.
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| 20. Gross or repeated malpractice resulting in injury |
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| or death of a patient.
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| 21. The use or prescription for use of narcotics or |
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| controlled substances
or designated products as listed in |
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| the Illinois Controlled Substances
Act, in any way other |
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| than for therapeutic purposes.
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| 22. Willfully making or filing false records or reports |
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| in his practice
as a dentist, including, but not limited |
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| to, false records to support claims
against the dental |
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| assistance program of the Department of Healthcare and |
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| Family Services (formerly
Illinois Department of Public
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| Aid).
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| 23. Professional incompetence as manifested by poor |
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| standards of care.
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| 24. Physical or mental illness, including, but not |
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| limited to,
deterioration
through
the aging process, or |
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| loss of motor skills which results in a dentist's
inability |
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| to practice dentistry with reasonable judgment, skill or |
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| safety. In
enforcing this paragraph, the Department may |
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| compel a person licensed to
practice under this Act to |
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| submit to a mental or physical examination pursuant
to the |
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| terms and conditions of Section 23b.
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| 25. Repeated irregularities in billing a third party |
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| for services rendered
to a patient. For purposes of this |
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| paragraph 25, "irregularities in billing"
shall include:
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| (a) Reporting excessive charges for the purpose of |
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| obtaining a total
payment
in excess of that usually |
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| 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 |
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| the purpose of obtaining
payment not earned.
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| 26. Continuing the active practice of dentistry while |
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| knowingly having
any infectious, communicable, or |
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| 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 |
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| by the
Department of Children and Family Services pursuant |
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| to the Abused and
Neglected Child Reporting Act, and upon
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| proof by clear and convincing evidence that the licensee |
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| has
caused a child to be an abused child or neglected child |
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| as defined in the
Abused and Neglected Child Reporting Act.
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| 28. Violating the Health Care Worker Self-Referral |
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| Act.
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| 29. Abandonment of a patient.
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| 30. Mental incompetency as declared by a court of |
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| competent
jurisdiction.
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| 31. Violating any provision of the Internet |
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| Prescribing Prohibition Act.
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| All proceedings to suspend, revoke, place on probationary |
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| status, or
take any other disciplinary action as the Department |
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| may deem proper, with
regard to a license on any of the |
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| foregoing grounds, must be commenced
within 3 years after |
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| 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 |
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| acts
described herein. Except for fraud in procuring a license, |
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| no
action shall be commenced more than 5 years after the date |
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| of the incident
or act alleged to have violated this Section. |
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| The time during which the
holder of the license was outside the |
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| State of Illinois shall not be
included within any period of |
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| 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 |
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| license of any
person who fails to file a return, or to pay the |
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| tax, penalty or interest
shown in a filed return, or to pay any |
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| final assessment of tax, penalty or
interest, as required by |
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| any tax Act administered by the Illinois
Department of Revenue, |
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| until such time as the requirements of
any such tax Act are |
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| 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 |
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| 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, 2008)
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| Sec. 22. Disciplinary action.
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| (A) The Department may revoke, suspend, place on |
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| probationary
status, refuse to renew, or take any other |
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| disciplinary action as the Department may deem proper
with |
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| regard to the license or visiting professor permit of any |
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| person issued
under this Act to practice medicine, or to treat |
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| human ailments without the use
of drugs and without operative |
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| surgery upon any of the following grounds:
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| (1) Performance of an elective abortion in any place, |
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| 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 |
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| Licensing Act; or
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| (c) an ambulatory surgical treatment center or |
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| hospitalization or care
facility maintained by the |
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| State or any agency thereof, where such department
or |
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| agency has authority under law to establish and enforce |
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| standards for the
ambulatory surgical treatment |
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| centers, hospitalization, or care facilities
under its |
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| management and control; or
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| (d) ambulatory surgical treatment centers, |
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| hospitalization or care
facilities maintained by the |
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| Federal Government; or
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| (e) ambulatory surgical treatment centers, |
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| hospitalization or care
facilities maintained by any |
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| university or college established under the laws
of |
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| this State and supported principally by public funds |
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| raised by
taxation.
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| (2) Performance of an abortion procedure in a wilful |
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| and wanton
manner on a
woman who was not pregnant at the |
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| 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 |
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| of this Section, whether or not related to
practice under |
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| this Act, or the entry of a guilty or nolo contendere plea |
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| 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 |
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| unprofessional
conduct of a
character likely to deceive, |
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| 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 |
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| in law
as
controlled substances, of alcohol, or of any |
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| other substances which results in
the inability to practice |
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| with reasonable judgment, skill or safety.
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| (8) Practicing under a false or, except as provided by |
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| law, an
assumed
name.
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| (9) Fraud or misrepresentation in applying for, or |
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| procuring, a
license
under this Act or in connection with |
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| applying for renewal of a license under
this Act.
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| (10) Making a false or misleading statement regarding |
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| their
skill or the
efficacy or value of the medicine, |
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| treatment, or remedy prescribed by them at
their direction |
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| in the treatment of any disease or other condition of the |
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| body
or mind.
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| (11) Allowing another person or organization to use |
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| 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 |
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| practice as a medical doctor, doctor of osteopathy,
doctor |
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| of osteopathic medicine or
doctor of chiropractic, a |
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| certified copy of the record of the action taken by
the |
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| other state or jurisdiction being prima facie evidence |
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| thereof.
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| (13) Violation of any provision of this Act or of the |
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| Medical
Practice Act
prior to the repeal of that Act, or |
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| violation of the rules, or a final
administrative action of |
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| the Secretary, after consideration of the
recommendation |
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| of the Disciplinary Board.
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| (14) Dividing with anyone other than physicians with |
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| whom the
licensee
practices in a partnership, Professional |
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| Association, limited liability
company, or Medical or |
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| Professional
Corporation any fee, commission, rebate or |
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| other form of compensation for any
professional services |
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| not actually and personally rendered. Nothing contained
in |
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| this subsection prohibits persons holding valid and |
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| current licenses under
this Act from practicing medicine in |
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| partnership under a partnership
agreement, including a |
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| limited liability partnership, in a limited liability
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| company under the Limited Liability Company Act, in a |
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| corporation authorized by
the Medical Corporation Act, as |
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| an
association authorized by the Professional Association |
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| Act, or in a
corporation under the
Professional Corporation |
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| 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 |
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| 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 |
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| corporations authorized by the
Medical Corporation Act, |
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| from forming a partnership or joint venture of such
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| corporations, and providing medical, surgical and |
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| scientific research and
knowledge by employees of these |
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| corporations if such employees are licensed
under this Act, |
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| or from pooling, sharing, dividing, or apportioning the |
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| fees
and monies received by the partnership or joint |
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| venture in accordance with the
partnership or joint venture |
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| agreement. Nothing contained in this subsection
shall |
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| abrogate the right of 2 or more persons, holding valid and |
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| current
licenses under this Act, to each receive adequate |
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| compensation for concurrently
rendering professional |
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| services to a patient and divide a fee; provided, the
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| patient has full knowledge of the division, and, provided, |
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| that the division is
made in proportion to the services |
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| performed and responsibility assumed by
each.
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| (15) A finding by the Medical Disciplinary Board that |
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| the
registrant after
having his or her license placed on |
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| probationary status or subjected to
conditions or |
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| restrictions violated the terms of the probation or failed |
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| to
comply with such terms or conditions.
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| (16) Abandonment of a patient.
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| (17) Prescribing, selling, administering, |
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| distributing, giving
or
self-administering any drug |
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| classified as a controlled substance (designated
product) |
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| 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, |
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| appliances or
goods provided
for a patient in such manner |
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| as to exploit the patient for financial gain of
the |
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| physician.
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| (19) Offering, undertaking or agreeing to cure or treat
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| disease by a secret
method, procedure, treatment or |
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| medicine, or the treating, operating or
prescribing for any |
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| human condition by a method, means or procedure which the
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| licensee refuses to divulge upon demand of the Department.
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| (20) Immoral conduct in the commission of any act |
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| including,
but not limited to, commission of an act of |
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| sexual misconduct related to the
licensee's
practice.
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| (21) Wilfully making or filing false records or reports |
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| in his
or her
practice as a physician, including, but not |
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| limited to, false records to
support claims against the |
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| medical assistance program of the Department of Healthcare |
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| 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 |
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| impeding
the filing or
recording, or inducing another |
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| person to omit to file or record, medical
reports as |
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| required by law, or wilfully failing to report an instance |
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| of
suspected abuse or neglect as required by law.
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| (23) Being named as a perpetrator in an indicated |
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| report by
the Department
of Children and Family Services |
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| under the Abused and Neglected Child Reporting
Act, and |
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| upon proof by clear and convincing evidence that the |
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| licensee has
caused a child to be an abused child or |
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| neglected child as defined in the
Abused and Neglected |
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| 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 |
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| 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 |
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| for collection of fees for which services are
not rendered, |
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| including, but not limited to, filing such false statements |
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| for
collection of monies for services not rendered from the |
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| medical assistance
program of the Department of Healthcare |
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| and Family Services (formerly Department of Public Aid )
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| under the Illinois Public Aid
Code.
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| (26) A pattern of practice or other behavior which
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| demonstrates
incapacity
or incompetence to practice under |
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| 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,
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| deterioration through
the aging process, or loss of motor |
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| skill which results in a physician's
inability to practice |
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| 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.
|
10 |
| (30) Wilfully or negligently violating the |
11 |
| confidentiality
between
physician and patient except as |
12 |
| required by law.
|
13 |
| (31) The use of any false, fraudulent, or deceptive |
14 |
| statement
in any
document connected with practice under |
15 |
| this Act.
|
16 |
| (32) Aiding and abetting an individual not licensed |
17 |
| under this
Act in the
practice of a profession licensed |
18 |
| under this Act.
|
19 |
| (33) Violating state or federal laws or regulations |
20 |
| relating
to controlled
substances, legend
drugs, or |
21 |
| ephedra, as defined in the Ephedra Prohibition Act.
|
22 |
| (34) Failure to report to the Department any adverse |
23 |
| final
action taken
against them by another licensing |
24 |
| jurisdiction (any other state or any
territory of the |
25 |
| United States or any foreign state or country), by any peer
|
26 |
| review body, by any health care institution, by any |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| professional society or
association related to practice |
2 |
| under this Act, by any governmental agency, by
any law |
3 |
| enforcement agency, or by any court for acts or conduct |
4 |
| similar to acts
or conduct which would constitute grounds |
5 |
| for action as defined in this
Section.
|
6 |
| (35) Failure to report to the Department surrender of a
|
7 |
| license or
authorization to practice as a medical doctor, a |
8 |
| doctor of osteopathy, a
doctor of osteopathic medicine, or |
9 |
| doctor
of chiropractic in another state or jurisdiction, or |
10 |
| surrender of membership on
any medical staff or in any |
11 |
| medical or professional association or society,
while |
12 |
| under disciplinary investigation by any of those |
13 |
| authorities or bodies,
for acts or conduct similar to acts |
14 |
| or conduct which would constitute grounds
for action as |
15 |
| defined in this Section.
|
16 |
| (36) Failure to report to the Department any adverse |
17 |
| judgment,
settlement,
or award arising from a liability |
18 |
| claim related to acts or conduct similar to
acts or conduct |
19 |
| which would constitute grounds for action as defined in |
20 |
| this
Section.
|
21 |
| (37) Failure to transfer copies of medical records as |
22 |
| required
by law.
|
23 |
| (38) Failure to furnish the Department, its |
24 |
| investigators or
representatives, relevant information, |
25 |
| legally requested by the Department
after consultation |
26 |
| with the Chief Medical Coordinator or the Deputy Medical
|
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
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|
1 |
| Coordinator.
|
2 |
| (39) Violating the Health Care Worker Self-Referral
|
3 |
| Act.
|
4 |
| (40) Willful failure to provide notice when notice is |
5 |
| required
under the
Parental Notice of Abortion Act of 1995.
|
6 |
| (41) Failure to establish and maintain records of |
7 |
| patient care and
treatment as required by this law.
|
8 |
| (42) Entering into an excessive number of written |
9 |
| collaborative
agreements with licensed advanced practice |
10 |
| nurses resulting in an inability to
adequately collaborate |
11 |
| and provide medical direction.
|
12 |
| (43) Repeated failure to adequately collaborate with |
13 |
| or provide medical
direction to a licensed advanced |
14 |
| practice nurse.
|
15 |
| (44) Violating any provision of the Internet |
16 |
| Prescribing Prohibition Act.
|
17 |
| Except
for actions involving the ground numbered (26), all |
18 |
| proceedings to suspend,
revoke, place on probationary status, |
19 |
| or take any
other disciplinary action as the Department may |
20 |
| deem proper, with regard to a
license on any of the foregoing |
21 |
| grounds, must be commenced within 5 years next
after receipt by |
22 |
| the Department of a complaint alleging the commission of or
|
23 |
| notice of the conviction order for any of the acts described |
24 |
| herein. Except
for the grounds numbered (8), (9), (26), and |
25 |
| (29), no action shall be commenced more
than 10 years after the |
26 |
| date of the incident or act alleged to have violated
this |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| Section. For actions involving the ground numbered (26), a |
2 |
| pattern of practice or other behavior includes all incidents |
3 |
| alleged to be part of the pattern of practice or other behavior |
4 |
| that occurred or a report pursuant to Section 23 of this Act |
5 |
| received within the 10-year period preceding the filing of the |
6 |
| complaint. In the event of the settlement of any claim or cause |
7 |
| of action
in favor of the claimant or the reduction to final |
8 |
| judgment of any civil action
in favor of the plaintiff, such |
9 |
| claim, cause of action or civil action being
grounded on the |
10 |
| allegation that a person licensed under this Act was negligent
|
11 |
| in providing care, the Department shall have an additional |
12 |
| period of 2 years
from the date of notification to the |
13 |
| Department under Section 23 of this Act
of such settlement or |
14 |
| final judgment in which to investigate and
commence formal |
15 |
| disciplinary proceedings under Section 36 of this Act, except
|
16 |
| as otherwise provided by law. The time during which the holder |
17 |
| of the license
was outside the State of Illinois shall not be |
18 |
| included within any period of
time limiting the commencement of |
19 |
| disciplinary action by the Department.
|
20 |
| The entry of an order or judgment by any circuit court |
21 |
| establishing that any
person holding a license under this Act |
22 |
| is a person in need of mental treatment
operates as a |
23 |
| suspension of that license. That person may resume their
|
24 |
| practice only upon the entry of a Departmental order based upon |
25 |
| a finding by
the Medical Disciplinary Board that they have been |
26 |
| determined to be recovered
from mental illness by the court and |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| upon the Disciplinary Board's
recommendation that they be |
2 |
| permitted to resume their practice.
|
3 |
| The Department may refuse to issue or take disciplinary |
4 |
| action concerning the license of any person
who fails to file a |
5 |
| return, or to pay the tax, penalty or interest shown in a
filed |
6 |
| return, or to pay any final assessment of tax, penalty or |
7 |
| interest, as
required by any tax Act administered by the |
8 |
| Illinois Department of Revenue,
until such time as the |
9 |
| requirements of any such tax Act are satisfied as
determined by |
10 |
| the Illinois Department of Revenue.
|
11 |
| The Department, upon the recommendation of the |
12 |
| Disciplinary Board, shall
adopt rules which set forth standards |
13 |
| to be used in determining:
|
14 |
| (a) when a person will be deemed sufficiently |
15 |
| rehabilitated to warrant the
public trust;
|
16 |
| (b) what constitutes dishonorable, unethical or |
17 |
| unprofessional conduct of
a character likely to deceive, |
18 |
| defraud, or harm the public;
|
19 |
| (c) what constitutes immoral conduct in the commission |
20 |
| of any act,
including, but not limited to, commission of an |
21 |
| act of sexual misconduct
related
to the licensee's |
22 |
| practice; and
|
23 |
| (d) what constitutes gross negligence in the practice |
24 |
| of medicine.
|
25 |
| However, no such rule shall be admissible into evidence in |
26 |
| any civil action
except for review of a licensing or other |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| disciplinary action under this Act.
|
2 |
| In enforcing this Section, the Medical Disciplinary Board,
|
3 |
| upon a showing of a possible violation, may compel any |
4 |
| individual licensed to
practice under this Act, or who has |
5 |
| applied for licensure or a permit
pursuant to this Act, to |
6 |
| submit to a mental or physical examination, or both,
as |
7 |
| required by and at the expense of the Department. The examining |
8 |
| physician
or physicians shall be those specifically designated |
9 |
| by the Disciplinary Board.
The Medical Disciplinary Board or |
10 |
| the Department may order the examining
physician to present |
11 |
| testimony concerning this mental or physical examination
of the |
12 |
| licensee or applicant. No information shall be excluded by |
13 |
| reason of
any common
law or statutory privilege relating to |
14 |
| communication between the licensee or
applicant and
the |
15 |
| examining physician.
The individual to be examined may have, at |
16 |
| his or her own expense, another
physician of his or her choice |
17 |
| present during all aspects of the examination.
Failure of any |
18 |
| individual to submit to mental or physical examination, when
|
19 |
| directed, shall be grounds for suspension of his or her license |
20 |
| until such time
as the individual submits to the examination if |
21 |
| the Disciplinary Board finds,
after notice and hearing, that |
22 |
| the refusal to submit to the examination was
without reasonable |
23 |
| cause. If the Disciplinary Board finds a physician unable
to |
24 |
| practice because of the reasons set forth in this Section, the |
25 |
| Disciplinary
Board shall require such physician to submit to |
26 |
| care, counseling, or treatment
by physicians approved or |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
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|
1 |
| designated by the Disciplinary Board, as a condition
for |
2 |
| continued, reinstated, or renewed licensure to practice. Any |
3 |
| physician,
whose license was granted pursuant to Sections 9, |
4 |
| 17, or 19 of this Act, or,
continued, reinstated, renewed, |
5 |
| disciplined or supervised, subject to such
terms, conditions or |
6 |
| restrictions who shall fail to comply with such terms,
|
7 |
| conditions or restrictions, or to complete a required program |
8 |
| of care,
counseling, or treatment, as determined by the Chief |
9 |
| Medical Coordinator or
Deputy Medical Coordinators, shall be |
10 |
| referred to the Secretary for a
determination as to whether the |
11 |
| licensee shall have their license suspended
immediately, |
12 |
| pending a hearing by the Disciplinary Board. In instances in
|
13 |
| which the Secretary immediately suspends a license under this |
14 |
| Section, a hearing
upon such person's license must be convened |
15 |
| by the Disciplinary Board within 15
days after such suspension |
16 |
| and completed without appreciable delay. The
Disciplinary |
17 |
| Board shall have the authority to review the subject |
18 |
| physician's
record of treatment and counseling regarding the |
19 |
| impairment, to the extent
permitted by applicable federal |
20 |
| statutes and regulations safeguarding the
confidentiality of |
21 |
| medical records.
|
22 |
| An individual licensed under this Act, affected under this |
23 |
| Section, shall be
afforded an opportunity to demonstrate to the |
24 |
| Disciplinary Board that they can
resume practice in compliance |
25 |
| with acceptable and prevailing standards under
the provisions |
26 |
| of their license.
|
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
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|
1 |
| The Department may promulgate rules for the imposition of |
2 |
| fines in
disciplinary cases, not to exceed
$10,000 for each |
3 |
| violation of this Act. Fines
may be imposed in conjunction with |
4 |
| other forms of disciplinary action, but
shall not be the |
5 |
| exclusive disposition of any disciplinary action arising out
of |
6 |
| conduct resulting in death or injury to a patient. Any funds |
7 |
| collected from
such fines shall be deposited in the Medical |
8 |
| Disciplinary Fund.
|
9 |
| (B) The Department shall revoke the license or visiting
|
10 |
| permit of any person issued under this Act to practice medicine |
11 |
| or to treat
human ailments without the use of drugs and without |
12 |
| operative surgery, who
has been convicted a second time of |
13 |
| committing any felony under the
Illinois Controlled Substances |
14 |
| Act or the Methamphetamine Control and Community Protection |
15 |
| Act, or who has been convicted a second time of
committing a |
16 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois |
17 |
| Public
Aid Code. A person whose license or visiting permit is |
18 |
| revoked
under
this subsection B of Section 22 of this Act shall |
19 |
| be prohibited from practicing
medicine or treating human |
20 |
| ailments without the use of drugs and without
operative |
21 |
| surgery.
|
22 |
| (C) The Medical Disciplinary Board shall recommend to the
|
23 |
| Department civil
penalties and any other appropriate |
24 |
| discipline in disciplinary cases when the
Board finds that a |
25 |
| physician willfully performed an abortion with actual
|
26 |
| knowledge that the person upon whom the abortion has been |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| performed is a minor
or an incompetent person without notice as |
2 |
| required under the Parental Notice
of Abortion Act of 1995. |
3 |
| Upon the Board's recommendation, the Department shall
impose, |
4 |
| for the first violation, a civil penalty of $1,000 and for a |
5 |
| second or
subsequent violation, a civil penalty of $5,000.
|
6 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; |
7 |
| revised 1-3-07.)
|
8 |
| Section 100. The Nursing and Advanced Practice Nursing Act |
9 |
| is amended by changing Section 15-50 as follows:
|
10 |
| (225 ILCS 65/15-50)
|
11 |
| (Section scheduled to be repealed on January 1, 2008)
|
12 |
| Sec. 15-50. Grounds for disciplinary action.
|
13 |
| (a) The Department may, upon the recommendation of the APN |
14 |
| Board, refuse to
issue or to
renew, or may revoke, suspend, |
15 |
| place on probation, censure or
reprimand, or take other |
16 |
| disciplinary action as the Department may deem
appropriate with
|
17 |
| regard to
a license issued under this Title,
including the |
18 |
| issuance of fines not to exceed
$5,000 for each violation, for |
19 |
| any one or combination of the
grounds for discipline set forth |
20 |
| in Section 10-45 of this Act or
for any one or combination of |
21 |
| the following causes:
|
22 |
| (1) Gross negligence in the practice of advanced |
23 |
| practice nursing.
|
24 |
| (2) Exceeding the terms of a collaborative agreement or |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| the prescriptive
authority
delegated to him or her by his |
2 |
| or her collaborating physician or alternate
collaborating
|
3 |
| physician in guidelines established under a written |
4 |
| collaborative agreement.
|
5 |
| (3) Making a false or misleading statement regarding |
6 |
| his or her skill or
the
efficacy or
value of the medicine, |
7 |
| treatment, or remedy prescribed by him or her in the
course |
8 |
| of treatment.
|
9 |
| (4) Prescribing, selling, administering, distributing, |
10 |
| giving, or
self-administering a drug
classified as a |
11 |
| controlled substance (designated product) or narcotic for |
12 |
| other
than medically
accepted therapeutic purposes.
|
13 |
| (5) Promotion of the sale of drugs, devices, |
14 |
| appliances, or goods provided
for
a patient
in a manner to |
15 |
| exploit the patient for financial gain.
|
16 |
| (6) Violating State or federal laws or regulations |
17 |
| relating to controlled
substances.
|
18 |
| (7) Willfully or negligently violating the |
19 |
| confidentiality between
advanced
practice
nurse, |
20 |
| collaborating physician, and patient, except as required |
21 |
| by law.
|
22 |
| (8) Failure of a licensee to report to the Department |
23 |
| any adverse final
action
taken
against such licensee by |
24 |
| another licensing jurisdiction (any other jurisdiction
of |
25 |
| the United
States or any foreign state or country), any |
26 |
| peer review body, any health
care institution,
a |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
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|
1 |
| professional or nursing or advanced practice nursing |
2 |
| society or association,
a governmental
agency, a law |
3 |
| enforcement agency, or a court or a liability claim |
4 |
| relating to
acts or conduct
similar to acts or conduct that |
5 |
| would constitute grounds for action as defined
in this |
6 |
| Section.
|
7 |
| (9) Failure of a licensee to report to the Department |
8 |
| surrender by the
licensee
of a
license or authorization to |
9 |
| practice nursing or advanced practice nursing in
another |
10 |
| state or
jurisdiction, or current surrender by the licensee |
11 |
| of membership on any nursing
staff or
organized health care |
12 |
| professional staff or in any nursing, advanced practice
|
13 |
| nurse, or
professional association or society while under |
14 |
| disciplinary investigation by
any of those
authorities or |
15 |
| bodies for acts or conduct similar to acts or conduct that |
16 |
| would
constitute
grounds for action as defined in this |
17 |
| Section.
|
18 |
| (10) Failing, within 60 days, to provide information in |
19 |
| response to a
written request
made by the Department.
|
20 |
| (11) Failure to establish and maintain records of |
21 |
| patient care and
treatment as required
by law.
|
22 |
| (12) Any violation of any Section of this Title or Act.
|
23 |
| (13) Violating any provision of the Internet |
24 |
| Prescribing Prohibition Act.
|
25 |
| When the Department has received written
reports |
26 |
| concerning incidents required to be reported in
items (8) and |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| (9), the licensee's failure to report the incident to the
|
2 |
| Department under those items shall not be the sole
grounds for |
3 |
| disciplinary action.
|
4 |
| (b) The Department may refuse to issue or may suspend the |
5 |
| license of any
person who fails to file a return, to pay the |
6 |
| tax, penalty, or interest shown
in a filed return, or to pay |
7 |
| any final assessment of the tax, penalty, or
interest as |
8 |
| required by a tax Act administered by the Department of |
9 |
| Revenue,
until the requirements of the tax Act are satisfied.
|
10 |
| (c) In enforcing this Section, the Department or APN Board, |
11 |
| upon a showing
of a possible violation, may compel an |
12 |
| individual licensed to practice under
this Title, or who has |
13 |
| applied for licensure under this Title, to submit to a
mental |
14 |
| or physical examination or both, as required by and at the |
15 |
| expense of
the Department. The Department or APN Board may |
16 |
| order the examining physician
to present testimony concerning |
17 |
| the mental or physical examination of the
licensee or |
18 |
| applicant. No information shall be excluded by reason of any
|
19 |
| common law or statutory privilege relating to communications |
20 |
| between the
licensee or applicant and the examining physician. |
21 |
| The examining physician
shall be specifically designated by the |
22 |
| APN Board or Department. The
individual to be examined may |
23 |
| have, at his or her own expense, another
physician of his or |
24 |
| her choice present during all aspects of this examination.
|
25 |
| Failure of an individual to submit to a mental or physical |
26 |
| examination when
directed shall be grounds for suspension of |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| his or her license until the
individual submits to the |
2 |
| examination if the Department finds, after notice and
hearing, |
3 |
| that the refusal to submit to the examination was without |
4 |
| reasonable
cause.
|
5 |
| If the Department or APN Board finds an individual unable |
6 |
| to practice
because of the reasons set forth in this Section, |
7 |
| the Department or APN Board
may require that individual to |
8 |
| submit to care, counseling, or treatment by
physicians approved |
9 |
| or designated by the Department or APN Board as a
condition, |
10 |
| term, or restriction for continued, reinstated, or renewed |
11 |
| licensure
to practice; or, in lieu of care, counseling, or |
12 |
| treatment, the Department may
file, or the APN 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. An individual whose license was granted, |
16 |
| continued, reinstated,
renewed, disciplined or supervised |
17 |
| subject to terms, conditions, or
restrictions, and who fails to |
18 |
| comply with the terms, conditions, or
restrictions, shall be |
19 |
| referred to the Director for a determination as to
whether the |
20 |
| individual shall have his or her license suspended immediately,
|
21 |
| pending a hearing by the Department.
|
22 |
| In instances in which the Director immediately suspends a |
23 |
| person's license
under this Section, a hearing on that person's |
24 |
| license shall be convened by the
Department within 15 days |
25 |
| after the suspension and shall be completed without
appreciable |
26 |
| delay. The Department and APN Board shall have the authority to
|
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| review the subject individual's record of treatment and |
2 |
| counseling regarding
the impairment to the extent permitted by |
3 |
| applicable federal statutes and
regulations safeguarding the |
4 |
| confidentiality of medical records.
|
5 |
| An individual licensed under this Title and affected under |
6 |
| this Section shall
be afforded an opportunity to demonstrate to |
7 |
| the Department or APN Board that
he or she can resume practice |
8 |
| in compliance with acceptable and prevailing
standards under |
9 |
| the provisions of his or her license.
|
10 |
| (Source: P.A. 90-742, eff. 8-13-98.)
|
11 |
| Section 105. The Illinois Optometric Practice Act of 1987 |
12 |
| is amended by changing Section 24 as follows:
|
13 |
| (225 ILCS 80/24) (from Ch. 111, par. 3924)
|
14 |
| (Section scheduled to be repealed on January 1, 2017)
|
15 |
| Sec. 24. Grounds for disciplinary action.
|
16 |
| (a) The Department may refuse to issue or to renew, or may
|
17 |
| revoke, suspend, place on probation, reprimand or take other
|
18 |
| disciplinary action as the Department may deem proper, |
19 |
| including fines not
to exceed $10,000 for each violation, with |
20 |
| regard to any license for any one or combination of the |
21 |
| following causes:
|
22 |
| (1) Violations of this Act, or of the rules promulgated
|
23 |
| hereunder.
|
24 |
| (2) Conviction of or entry of a plea of guilty to any |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| crime under the laws of any U.S. jurisdiction
thereof that |
2 |
| is a felony or that is a misdemeanor of which an essential |
3 |
| element
is dishonesty, or any crime that is directly |
4 |
| related to the practice of the
profession.
|
5 |
| (3) Making any misrepresentation for the purpose of |
6 |
| obtaining a
license.
|
7 |
| (4) Professional incompetence or gross negligence in |
8 |
| the
practice of optometry.
|
9 |
| (5) Gross malpractice, prima facie evidence
of which |
10 |
| may be a conviction or judgment of
malpractice in any court |
11 |
| of competent jurisdiction.
|
12 |
| (6) Aiding or assisting another person in violating any
|
13 |
| provision of this Act or rules.
|
14 |
| (7) Failing, within 60 days, to provide information in |
15 |
| response
to a
written request made by the Department that |
16 |
| has been sent by
certified or
registered mail to the |
17 |
| licensee's last known address.
|
18 |
| (8) Engaging in dishonorable, unethical, or |
19 |
| unprofessional
conduct of a
character likely to deceive, |
20 |
| defraud, or harm the public.
|
21 |
| (9) Habitual or excessive use or addiction to alcohol,
|
22 |
| narcotics,
stimulants or any other chemical agent or drug |
23 |
| that results in
the
inability to practice with reasonable |
24 |
| judgment, skill, or safety.
|
25 |
| (10) Discipline by another U.S. jurisdiction or |
26 |
| foreign
nation, if at
least one of the grounds for the |
|
|
|
09500HB0691ham003 |
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|
1 |
| discipline is the same or substantially
equivalent to those |
2 |
| set forth herein.
|
3 |
| (11) Directly or indirectly giving to or receiving from |
4 |
| any
person, firm,
corporation, partnership, or association |
5 |
| any fee, commission, rebate, or
other form of compensation |
6 |
| for any professional services not actually or
personally |
7 |
| rendered. This shall not be deemed to include (i) rent or |
8 |
| other
remunerations paid to an individual, partnership, or |
9 |
| corporation by an
optometrist for the lease, rental, or use |
10 |
| of space, owned or controlled, by
the individual, |
11 |
| partnership, corporation or association, and (ii) the
|
12 |
| division of fees between an optometrist and related |
13 |
| professional service
providers with whom the optometrist |
14 |
| practices in a
professional corporation organized under |
15 |
| Section 3.6 of the Professional
Service Corporation Act.
|
16 |
| (12) A finding by the Department that the licensee, |
17 |
| after
having his or
her
license placed on probationary |
18 |
| status has violated the terms of
probation.
|
19 |
| (13) Abandonment of a patient.
|
20 |
| (14) Willfully making or filing false records or |
21 |
| reports in
his or her
practice,
including but not limited |
22 |
| to false records filed with State agencies or
departments.
|
23 |
| (15) Willfully failing to report an instance of |
24 |
| suspected
child abuse or
neglect as required by the Abused |
25 |
| and Neglected Child Reporting Act.
|
26 |
| (16) Physical illness, including but not limited to,
|
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
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|
1 |
| deterioration
through the aging process, or loss of motor |
2 |
| skill, mental illness, or
disability that results in the
|
3 |
| inability to practice the profession with reasonable |
4 |
| judgment, skill,
or safety.
|
5 |
| (17) Solicitation of professional services other than
|
6 |
| permitted
advertising.
|
7 |
| (18) Failure to provide a patient with a copy of his or
|
8 |
| her record or
prescription in accordance with federal law.
|
9 |
| (19) Conviction by any court of competent |
10 |
| jurisdiction, either
within or
without this State, of any |
11 |
| violation of any law governing the practice of
optometry, |
12 |
| conviction in this or another State of any crime that
is a
|
13 |
| felony under the laws of this State or conviction of a |
14 |
| felony in a federal
court, if the Department determines, |
15 |
| after investigation, that such person
has not been |
16 |
| sufficiently rehabilitated to warrant the public trust.
|
17 |
| (20) A finding that licensure has been applied for or |
18 |
| obtained
by
fraudulent means.
|
19 |
| (21) Continued practice by a person knowingly having an
|
20 |
| infectious
or contagious
disease.
|
21 |
| (22) Being named as a perpetrator in an indicated |
22 |
| report by
the
Department of Children and Family Services |
23 |
| under the Abused and
Neglected Child Reporting Act, and |
24 |
| upon proof by clear and
convincing evidence that the |
25 |
| licensee has caused a child to be an abused
child or a |
26 |
| neglected child as defined in the Abused and Neglected |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
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1 |
| Child
Reporting Act.
|
2 |
| (23) Practicing or attempting to practice under a name |
3 |
| other
than the
full name as shown on his or her license.
|
4 |
| (24) Immoral conduct in the commission of any act, such |
5 |
| as
sexual abuse,
sexual misconduct or sexual exploitation, |
6 |
| related to the licensee's
practice.
|
7 |
| (25) Maintaining a professional relationship with any |
8 |
| person,
firm, or
corporation when the optometrist knows, or |
9 |
| should know, that such person,
firm, or corporation is |
10 |
| violating this Act.
|
11 |
| (26) Promotion of the sale of drugs, devices, |
12 |
| appliances or
goods
provided for a client or patient in |
13 |
| such manner as to exploit the patient
or client for |
14 |
| financial gain of the licensee.
|
15 |
| (27) Using the title "Doctor" or its abbreviation |
16 |
| without
further
qualifying that title or abbreviation with |
17 |
| the word "optometry" or
"optometrist".
|
18 |
| (28) Use by a licensed optometrist of the
word
|
19 |
| "infirmary",
"hospital", "school", "university", in |
20 |
| English or any other
language, in connection with the place |
21 |
| where optometry may be practiced or
demonstrated.
|
22 |
| (29) Continuance of an optometrist in the employ of any
|
23 |
| person, firm or
corporation, or as an assistant to any |
24 |
| optometrist or optometrists,
directly or indirectly, after |
25 |
| his or her employer or superior has been
found
guilty of |
26 |
| violating or has been enjoined from violating the laws of |
|
|
|
09500HB0691ham003 |
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|
1 |
| the
State of Illinois relating to the practice of |
2 |
| optometry, when the employer
or superior persists in that |
3 |
| violation.
|
4 |
| (30) The performance of optometric service in |
5 |
| conjunction with
a scheme
or plan with another person, firm |
6 |
| or corporation known to be advertising in
a manner contrary |
7 |
| to this Act or otherwise violating the laws of the State of
|
8 |
| Illinois concerning the practice of optometry.
|
9 |
| (31) Failure to provide satisfactory proof of having
|
10 |
| participated in
approved continuing education programs as |
11 |
| determined by the Board and
approved by the Secretary. |
12 |
| Exceptions for extreme hardships are to be
defined by the |
13 |
| rules of the Department.
|
14 |
| (32) Willfully making or filing false records or |
15 |
| reports in
the practice
of optometry, including, but not |
16 |
| limited to false records to support claims
against the |
17 |
| medical assistance program of the Department of Healthcare |
18 |
| and Family Services (formerly Department of Public Aid)
|
19 |
| under the Illinois Public Aid Code.
|
20 |
| (33) Gross and willful overcharging for professional |
21 |
| services
including
filing false statements for collection |
22 |
| of fees for which services are not
rendered, including, but |
23 |
| not limited to filing false statements for
collection of |
24 |
| monies for services not rendered from the medical |
25 |
| assistance
program of the Department of Healthcare and |
26 |
| Family Services (formerly Department of Public Aid) under |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
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|
1 |
| the Illinois Public Aid
Code.
|
2 |
| (34) In the absence of good reasons to the contrary, |
3 |
| failure
to perform a
minimum eye examination as required by |
4 |
| the rules of the Department.
|
5 |
| (35) Violation of the Health Care Worker Self-Referral |
6 |
| Act.
|
7 |
| (36) Violating any provision of the Internet |
8 |
| Prescribing Prohibition Act.
|
9 |
| The Department may refuse to issue or may suspend the |
10 |
| license of any person who fails to file a return, or to pay the |
11 |
| tax,
penalty or interest shown in a filed return, or to pay any |
12 |
| final assessment
of the tax, penalty or interest, as required |
13 |
| by any tax Act administered by
the Illinois Department of |
14 |
| Revenue, until such time as the requirements of
any such tax |
15 |
| Act are satisfied.
|
16 |
| (a-5) In enforcing this Section, the Board upon a showing |
17 |
| of a possible
violation, may compel any individual licensed to |
18 |
| practice under this Act, or
who has applied for licensure or |
19 |
| certification pursuant to this Act,
to submit to a
mental or |
20 |
| physical
examination, or both, as required by and at the |
21 |
| expense of the Department. The
examining physicians or clinical |
22 |
| psychologists shall be those specifically
designated by the |
23 |
| Board. The Board or the Department may order the examining
|
24 |
| physician or clinical psychologist to present testimony |
25 |
| concerning this mental
or physical examination of the licensee |
26 |
| or applicant. No information shall be
excluded by reason of any |
|
|
|
09500HB0691ham003 |
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| common law or statutory privilege relating to
communications |
2 |
| between the licensee or applicant and the examining physician |
3 |
| or
clinical psychologist. Eye examinations may be provided by a |
4 |
| licensed
optometrist. The individual to be examined may have,
|
5 |
| at his or her own expense, another physician of his or her |
6 |
| choice present
during all aspects of the examination. Failure |
7 |
| of any individual to submit to
a mental or physical |
8 |
| examination, when directed, shall be grounds for
suspension of |
9 |
| a license until such time as the individual submits to the
|
10 |
| examination if the Board finds, after notice and hearing, that |
11 |
| the refusal to
submit to the examination was without reasonable |
12 |
| cause.
|
13 |
| If the Board finds an individual unable to practice because |
14 |
| of the reasons
set forth in this Section, the Board shall |
15 |
| require such individual to submit to
care, counseling, or |
16 |
| treatment by physicians or clinical psychologists approved
or |
17 |
| designated by the Board, as a condition, term, or restriction |
18 |
| for continued,
reinstated, or renewed licensure to practice, or |
19 |
| in lieu of care, counseling,
or treatment, the Board may |
20 |
| recommend to the Department to file a complaint to immediately |
21 |
| suspend, revoke, or otherwise discipline the
license of the |
22 |
| individual, or the Board may recommend to the Department to |
23 |
| file
a complaint to suspend, revoke, or otherwise discipline |
24 |
| the license of the
individual. Any individual whose license was |
25 |
| granted pursuant to this Act, or
continued, reinstated, |
26 |
| renewed, disciplined, or supervised, subject to such
|
|
|
|
09500HB0691ham003 |
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|
1 |
| conditions, terms, or restrictions, who shall fail to comply |
2 |
| with such
conditions, terms, or restrictions, shall be referred |
3 |
| to the Secretary for a
determination as to whether the |
4 |
| individual shall have his or her license
suspended immediately, |
5 |
| pending a hearing by the Board.
|
6 |
| (b) The determination by a circuit court that a licensee is |
7 |
| subject to
involuntary admission or judicial admission as |
8 |
| provided in the Mental
Health and Developmental Disabilities |
9 |
| Code operates as an
automatic suspension. The suspension will |
10 |
| end only upon a finding by a
court that the patient is no |
11 |
| longer subject to involuntary admission or
judicial admission |
12 |
| and issues an order so finding and discharging the
patient; and |
13 |
| upon the recommendation of the Board to the Secretary
that
the |
14 |
| licensee be allowed to resume his or her practice.
|
15 |
| (Source: P.A. 94-787, eff. 5-19-06.)
|
16 |
| Section 110. The Illinois Physical Therapy Act is amended |
17 |
| by changing Section 17 as follows:
|
18 |
| (225 ILCS 90/17) (from Ch. 111, par. 4267)
|
19 |
| (Section scheduled to be repealed on January 1, 2016)
|
20 |
| Sec. 17. (1) The Department may refuse to issue or to |
21 |
| renew, or may
revoke, suspend, place on probation, reprimand, |
22 |
| or
take other disciplinary action as the Department deems |
23 |
| appropriate,
including the issuance of fines not to exceed |
24 |
| $5000, with regard to a
license for any one or a combination of |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| the following:
|
2 |
| A. Material misstatement in furnishing information to |
3 |
| the Department
or otherwise making misleading, deceptive, |
4 |
| untrue, or fraudulent
representations in violation of this |
5 |
| Act or otherwise in the practice of
the profession;
|
6 |
| B. Violations of this Act, or of
the rules or |
7 |
| regulations promulgated hereunder;
|
8 |
| C. Conviction of any crime under the laws of the United |
9 |
| States or any
state or territory thereof which is a felony |
10 |
| or which is a misdemeanor,
an essential element of which is |
11 |
| dishonesty, or of any crime which is directly
related to |
12 |
| the practice of the profession; conviction, as used in this
|
13 |
| paragraph, shall include a finding or verdict of guilty, an |
14 |
| admission of
guilt or a plea of nolo contendere;
|
15 |
| D. Making any misrepresentation for the purpose of |
16 |
| obtaining licenses,
or violating any provision of this Act |
17 |
| or the rules promulgated thereunder
pertaining to |
18 |
| advertising;
|
19 |
| E. A pattern of practice or other behavior which |
20 |
| demonstrates incapacity
or incompetency to practice under |
21 |
| this Act;
|
22 |
| F. Aiding or assisting another person in violating any
|
23 |
| provision of this Act or Rules;
|
24 |
| G. Failing, within 60 days, to provide information in |
25 |
| response to a written
request made by the Department;
|
26 |
| H. Engaging in dishonorable, unethical or |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
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|
1 |
| unprofessional conduct of a
character likely to deceive, |
2 |
| defraud or harm the public. Unprofessional
conduct shall |
3 |
| include any departure from or the failure to conform to the
|
4 |
| minimal standards of acceptable and prevailing physical |
5 |
| therapy practice,
in which proceeding actual injury to a |
6 |
| patient need not be established;
|
7 |
| I. Unlawful distribution of any drug or narcotic, or |
8 |
| unlawful
conversion of any drug or narcotic not belonging |
9 |
| to the person for such
person's own use or benefit or for |
10 |
| other than medically accepted
therapeutic purposes;
|
11 |
| J. Habitual or excessive use or addiction to alcohol, |
12 |
| narcotics,
stimulants, or any other chemical agent or drug |
13 |
| which results in a physical
therapist's or physical |
14 |
| therapist assistant's
inability to practice with |
15 |
| reasonable judgment, skill or safety;
|
16 |
| K. Revocation or suspension of a license to practice |
17 |
| physical therapy
as a physical therapist or physical |
18 |
| therapist assistant or the taking
of other disciplinary |
19 |
| action by the proper licensing authority of
another state, |
20 |
| territory or country;
|
21 |
| L. Directly or indirectly giving to or receiving from |
22 |
| any person, firm,
corporation, partnership or association |
23 |
| any fee, commission, rebate or other
form of compensation |
24 |
| for any professional services not actually or
personally |
25 |
| rendered. Nothing contained in this paragraph prohibits |
26 |
| persons holding valid and current licenses under this Act |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| from practicing physical therapy in partnership under a |
2 |
| partnership agreement, including a limited liability |
3 |
| partnership, a limited liability company, or a corporation |
4 |
| under the Professional Service Corporation Act or from |
5 |
| pooling, sharing, dividing, or apportioning the fees and |
6 |
| monies received by them or by the partnership, company, or |
7 |
| corporation in accordance with the partnership agreement |
8 |
| or the policies of the company or professional corporation;
|
9 |
| M. A finding by the Board that the licensee after |
10 |
| having his or
her license
placed on probationary status has |
11 |
| violated the terms of probation;
|
12 |
| N. Abandonment of a patient;
|
13 |
| O. Willfully failing to report an instance of suspected |
14 |
| child abuse or
neglect as required by the Abused and |
15 |
| Neglected Child Reporting Act;
|
16 |
| P. Willfully failing to report an instance of suspected |
17 |
| elder abuse or
neglect as required by the Elder Abuse |
18 |
| Reporting Act;
|
19 |
| Q. Physical illness, including but not limited to, |
20 |
| deterioration through
the aging process, or loss of motor |
21 |
| skill which results in the inability
to practice the |
22 |
| profession with reasonable judgement, skill or safety;
|
23 |
| R. The use of any words (such as physical therapy, |
24 |
| physical therapist
physiotherapy or physiotherapist), |
25 |
| abbreviations, figures or letters with
the intention of |
26 |
| indicating practice as a licensed physical therapist
|
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| without a valid license as a physical therapist issued |
2 |
| under this Act;
|
3 |
| S. The use of the term physical therapist assistant, or |
4 |
| abbreviations,
figures, or letters with the intention of |
5 |
| indicating practice as a physical
therapist assistant |
6 |
| without a valid license as a physical therapist
assistant |
7 |
| issued under this Act;
|
8 |
| T. Willfully violating or knowingly assisting in the |
9 |
| violation of any
law of this State relating to the practice |
10 |
| of abortion;
|
11 |
| U. Continued practice by a person knowingly having an |
12 |
| infectious,
communicable or contagious disease;
|
13 |
| V. Having treated ailments of human beings otherwise |
14 |
| than by
the practice of physical therapy as defined in this |
15 |
| Act, or having treated
ailments of human beings as a |
16 |
| licensed physical therapist independent of a
documented |
17 |
| referral or a documented current and relevant diagnosis |
18 |
| from a
physician, dentist, advanced practice nurse, |
19 |
| physician assistant, or podiatrist, or having failed to |
20 |
| notify the
physician, dentist, advanced practice nurse, |
21 |
| physician assistant, or podiatrist who established a |
22 |
| documented current and
relevant diagnosis that the patient |
23 |
| is receiving physical therapy pursuant
to that diagnosis;
|
24 |
| W. Being named as a perpetrator in an indicated report |
25 |
| by the
Department of Children and Family Services pursuant |
26 |
| to the Abused and
Neglected Child Reporting Act, and upon |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| proof by clear and convincing
evidence that the licensee |
2 |
| has caused a child to be an abused child or
neglected child |
3 |
| as defined in the Abused and Neglected Child Reporting Act;
|
4 |
| X. Interpretation of referrals, performance of |
5 |
| evaluation procedures,
planning or making major |
6 |
| modifications of patient programs by a physical
therapist |
7 |
| assistant;
|
8 |
| Y. Failure by a physical therapist assistant and |
9 |
| supervising physical
therapist to maintain continued |
10 |
| contact, including periodic personal
supervision and |
11 |
| instruction, to insure safety and welfare of patients;
|
12 |
| Z. Violation of the Health Care Worker Self-Referral |
13 |
| Act. |
14 |
| AA. Violating any provision of the Internet |
15 |
| Prescribing Prohibition Act.
|
16 |
| (2) The determination by a circuit court that a licensee is |
17 |
| subject to
involuntary admission or judicial admission as |
18 |
| provided in the Mental Health
and Developmental Disabilities |
19 |
| Code operates as an automatic suspension.
Such suspension will |
20 |
| end only upon a finding by a court that the patient is
no |
21 |
| longer subject to involuntary admission or judicial admission |
22 |
| and the
issuance of an order so finding and discharging the |
23 |
| patient; and upon the
recommendation of the Board to the |
24 |
| Director that the licensee be
allowed to resume his practice.
|
25 |
| (3) The Department may refuse to issue or may suspend the |
26 |
| license of any
person who fails to file a return, or to pay the |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| tax, penalty or interest
shown in a filed return, or to pay any |
2 |
| final assessment of tax, penalty or
interest, as required by |
3 |
| any tax Act administered by the Illinois
Department of Revenue, |
4 |
| until such time as the requirements of any such tax
Act are |
5 |
| satisfied.
|
6 |
| (Source: P.A. 93-1010, eff. 8-24-04; 94-651, eff. 1-1-06.)
|
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, 2008)
|
11 |
| Sec. 24. Refusal to issue or suspension or revocation of
|
12 |
| license; grounds. The Department may refuse to issue, may |
13 |
| refuse to renew,
may refuse to restore, may suspend, or may |
14 |
| revoke any license, or may place
on probation, reprimand or |
15 |
| take other disciplinary action as the
Department may deem |
16 |
| proper, including fines not to exceed $5,000
for each violation |
17 |
| upon 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 regulations
|
22 |
| promulgated
hereunder.
|
23 |
| (3) Conviction of any crime under the laws of any United |
24 |
| States
jurisdiction
that
is a felony or a misdemeanor, of which |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| an essential
element is
dishonesty, or of any crime that is |
2 |
| directly related to the
practice of the
profession.
|
3 |
| (4) Making any misrepresentation for the purpose of |
4 |
| obtaining
licenses, or
violating any provision of this Act or |
5 |
| the rules promulgated thereunder
pertaining to advertising.
|
6 |
| (5) Professional incompetence.
|
7 |
| (6) Gross or repeated malpractice or negligence.
|
8 |
| (7) Aiding or assisting another person in violating any |
9 |
| provision
of this Act or rules.
|
10 |
| (8) Failing, within 60 days, to provide information in |
11 |
| response
to a written
request made by the Department.
|
12 |
| (9) Engaging in dishonorable, unethical or unprofessional |
13 |
| conduct
of a
character likely to deceive, defraud or harm the |
14 |
| public.
|
15 |
| (10) Habitual or excessive use of alcohol, narcotics, |
16 |
| stimulants
or other
chemical agent or drug that results in the |
17 |
| inability to practice
podiatric
medicine with reasonable |
18 |
| judgment, skill or safety.
|
19 |
| (11) Discipline by another United States jurisdiction if at
|
20 |
| least one of
the grounds for the discipline is the same or |
21 |
| substantially equivalent to
those set forth in this Section.
|
22 |
| (12) Directly or indirectly giving to or receiving from any
|
23 |
| person, firm,
corporation, partnership or association any fee, |
24 |
| commission, rebate or
other form of compensation for any |
25 |
| professional services not actually or
personally rendered. |
26 |
| This shall not be deemed to include rent or other
remunerations |
|
|
|
09500HB0691ham003 |
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LRB095 08369 KBJ 32849 a |
|
|
1 |
| paid to an individual, partnership, or corporation, by a
|
2 |
| licensee, for the lease, rental or use of space, owned or |
3 |
| controlled, by
the individual, partnership or corporation.
|
4 |
| (13) A finding by the Podiatric Medical Licensing Board |
5 |
| that the
licensee,
after having his
or her
license placed on |
6 |
| probationary status, has violated the
terms of probation.
|
7 |
| (14) Abandonment of a patient.
|
8 |
| (15) Willfully making or filing false records or reports in |
9 |
| his
or her practice,
including but not limited to false records |
10 |
| filed with state agencies or
departments.
|
11 |
| (16) Willfully failing to report an instance of suspected |
12 |
| child
abuse or
neglect as required by the Abused and Neglected |
13 |
| Child Report Act.
|
14 |
| (17) Physical illness, including but not limited to,
|
15 |
| deterioration through
the aging process, or loss of motor skill
|
16 |
| that results in the inability to
practice the profession with |
17 |
| reasonable judgment, skill or safety.
|
18 |
| (18) Solicitation of professional services other than |
19 |
| permitted
advertising.
|
20 |
| (19) The determination by a circuit court that a licensed
|
21 |
| podiatric
physician is subject to involuntary admission or |
22 |
| judicial admission as
provided in the Mental Health and |
23 |
| Developmental Disabilities Code
operates as an automatic |
24 |
| suspension.
Such suspension will end only upon a finding by a |
25 |
| court that the
patient is no longer subject to involuntary |
26 |
| admission or judicial admission
and issues an order so finding |
|
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| and discharging the patient; and upon the
recommendation of the |
2 |
| Podiatric Medical Licensing Board to the Director
that the |
3 |
| licensee be allowed to resume his or her practice.
|
4 |
| (20) Holding oneself out to treat human ailments under any |
5 |
| name
other
than his or her own, or the impersonation of any |
6 |
| other physician.
|
7 |
| (21) Revocation or suspension or other action taken with
|
8 |
| respect to a podiatric medical license in
another jurisdiction |
9 |
| that would constitute disciplinary action under this
Act.
|
10 |
| (22) Promotion of the sale of drugs, devices, appliances or
|
11 |
| goods
provided for a patient in such manner as to exploit the |
12 |
| patient for
financial gain of the podiatric physician.
|
13 |
| (23) Gross, willful, and continued overcharging for |
14 |
| professional
services
including filing false statements for |
15 |
| collection of fees for those
services, including, but not |
16 |
| limited to, filing false statement for
collection of monies for |
17 |
| services not rendered from the medical assistance
program of |
18 |
| the Department of Healthcare and Family Services (formerly
|
19 |
| Department of Public Aid ) under the Illinois Public Aid Code
or |
20 |
| other private or public third party payor.
|
21 |
| (24) Being named as a perpetrator in an indicated report by |
22 |
| the
Department of Children and Family Services under the Abused |
23 |
| and
Neglected Child Reporting Act, and upon
proof by clear and |
24 |
| convincing evidence that the licensee has caused a child
to be |
25 |
| an abused child or neglected child as defined in the Abused and
|
26 |
| Neglected Child Reporting Act.
|
|
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| (25) Willfully making or filing false records or reports in |
2 |
| the
practice of podiatric medicine, including, but not limited |
3 |
| to, false
records to support claims against the medical |
4 |
| assistance program of the
Department of Healthcare and Family |
5 |
| Services (formerly Department of Public Aid ) under the Illinois |
6 |
| Public Aid Code.
|
7 |
| (26) Mental illness or disability that results in
the |
8 |
| inability
to
practice with reasonable judgment, skill or |
9 |
| safety.
|
10 |
| (27) Immoral conduct in the commission of any act
|
11 |
| including,
sexual
abuse, sexual misconduct, or sexual |
12 |
| exploitation, related to the licensee's
practice.
|
13 |
| (28) Violation of the Health Care Worker Self-Referral Act.
|
14 |
| (29) Failure to report to the Department any adverse final |
15 |
| action taken
against him or her by another licensing |
16 |
| jurisdiction (another state or a
territory of the United States |
17 |
| or a foreign state or country) by a peer
review
body, by any |
18 |
| health care institution, by a professional society or |
19 |
| association
related to practice under this Act, by a |
20 |
| governmental agency, by a law
enforcement agency, or by a court |
21 |
| for acts or conduct similar to acts or
conduct that would |
22 |
| constitute grounds for action as defined in this Section.
|
23 |
| (30) Violating any provision of the Internet Prescribing |
24 |
| Prohibition Act.
|
25 |
| The Department may refuse to issue or may suspend the |
26 |
| license of any
person who fails to file a return, or to pay the |
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| tax, penalty or interest
shown in a filed return, or to pay any |
2 |
| final assessment of tax, penalty or
interest, as required by |
3 |
| any tax Act administered by the Illinois
Department of Revenue, |
4 |
| until such time as the requirements of any such tax
Act are |
5 |
| satisfied.
|
6 |
| Upon receipt of a written
communication from the Secretary |
7 |
| of Human Services, the Director of Healthcare and Family |
8 |
| Services (formerly Director of
Public Aid ) , or the Director of |
9 |
| Public Health that
continuation of practice of a person |
10 |
| licensed under
this Act constitutes an immediate danger to the |
11 |
| public, the Director may
immediately suspend
the license of |
12 |
| such person without a hearing. In instances in which the
|
13 |
| Director immediately suspends a license under this Section, a |
14 |
| hearing upon
such person's license must be convened by the |
15 |
| Board within 15 days after
such suspension and completed |
16 |
| without appreciable delay, such hearing held
to determine |
17 |
| whether to recommend to the Director that the person's license
|
18 |
| be revoked, suspended, placed on probationary status or |
19 |
| reinstated, or such
person be subject to other disciplinary |
20 |
| action. In such hearing, the
written communication and any |
21 |
| other evidence submitted therewith may be
introduced as |
22 |
| evidence against such person; provided, however, the person
or |
23 |
| his counsel shall have the opportunity to discredit or impeach |
24 |
| such
evidence and submit evidence rebutting the same.
|
25 |
| All proceedings to suspend, revoke, place on probationary |
26 |
| status, or take
any
other disciplinary action as the Department |
|
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| may deem proper, with regard to a
license on any of the |
2 |
| foregoing grounds, must be commenced within 3 years after
|
3 |
| receipt by the Department of a complaint alleging the |
4 |
| commission of or notice
of the conviction order for any of the |
5 |
| acts described in this Section. Except
for fraud
in procuring a |
6 |
| license, no action shall be commenced more than 5 years after
|
7 |
| the date of the incident or act alleged to have
been a
|
8 |
| violation of this Section.
In the event of the settlement of |
9 |
| any claim or cause of action in favor of
the claimant or the |
10 |
| reduction to final judgment of any civil action in favor of
the |
11 |
| plaintiff, such claim, cause of action, or civil action being |
12 |
| grounded on
the allegation that a person licensed under this |
13 |
| Act was negligent in providing
care, the Department shall have |
14 |
| an additional period of one year from the date
of notification |
15 |
| to the Department under Section 26 of this Act of such
|
16 |
| settlement or final judgment in which to investigate and |
17 |
| commence formal
disciplinary proceedings under Section 24 of |
18 |
| this Act, except as otherwise
provided by law.
The
time during |
19 |
| which the holder of the license was outside the State of |
20 |
| Illinois
shall not be included within any period of time |
21 |
| limiting the commencement of
disciplinary action by the |
22 |
| Department.
|
23 |
| In enforcing this Section, the Department or Board upon a |
24 |
| showing of a
possible
violation may compel an individual |
25 |
| licensed to practice under this Act, or
who has applied for |
26 |
| licensure under this Act, to submit
to a mental or physical |
|
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1 |
| examination, or both, as required by and at the expense
of the |
2 |
| Department. The Department or Board may order the examining |
3 |
| physician to
present
testimony concerning the mental or |
4 |
| physical examination of the licensee or
applicant. No |
5 |
| information shall be excluded by reason of any common law or
|
6 |
| statutory privilege relating to communications between the |
7 |
| licensee or
applicant and the examining physician. The |
8 |
| examining
physicians
shall be specifically designated by the |
9 |
| Board or Department.
The individual to be examined may have, at |
10 |
| his or her own expense, another
physician of his or her choice |
11 |
| present during all
aspects of this examination. Failure of an |
12 |
| individual to submit to a mental
or
physical examination, when |
13 |
| directed, shall be grounds for suspension of his or
her
license |
14 |
| until the individual submits to the examination if the |
15 |
| Department
finds,
after notice and hearing, that the refusal to |
16 |
| submit to the examination was
without reasonable cause.
|
17 |
| If the Department or Board finds an individual unable to |
18 |
| practice because of
the
reasons
set forth in this Section, the |
19 |
| Department or Board may require that individual
to submit
to
|
20 |
| care, counseling, or treatment by physicians approved
or |
21 |
| designated by the Department or Board, as a condition, term, or |
22 |
| restriction
for continued,
reinstated, or
renewed licensure to |
23 |
| practice; or, in lieu of care, counseling, or treatment,
the |
24 |
| Department may file, or
the Board may recommend to the |
25 |
| Department to file, a complaint to immediately
suspend, revoke, |
26 |
| or otherwise discipline the license of the individual.
An |
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| individual whose
license was granted, continued, reinstated, |
2 |
| renewed, disciplined or supervised
subject to such terms, |
3 |
| conditions, or restrictions, and who fails to comply
with
such |
4 |
| terms, conditions, or restrictions, shall be referred to the |
5 |
| Director for
a
determination as to whether the individual shall |
6 |
| have his or her license
suspended immediately, pending a |
7 |
| hearing by the Department.
|
8 |
| In instances in which the Director immediately suspends a |
9 |
| person's license
under this Section, a hearing on that person's |
10 |
| license must be convened by
the Department within 15 days after |
11 |
| the suspension and completed without
appreciable
delay.
The |
12 |
| Department and Board shall have the authority to review the |
13 |
| subject
individual's record of
treatment and counseling |
14 |
| regarding the impairment to the extent permitted by
applicable |
15 |
| federal statutes and regulations safeguarding the |
16 |
| confidentiality of
medical records.
|
17 |
| An individual licensed under this Act and affected under |
18 |
| this Section shall
be
afforded an opportunity to demonstrate to |
19 |
| the Department or Board that he or
she can resume
practice in |
20 |
| compliance with acceptable and prevailing standards under the
|
21 |
| provisions of his or her license.
|
22 |
| (Source: P.A. 89-507, eff. 7-1-97; 90-76, eff. 12-30-97; |
23 |
| revised 12-15-05.)".
|