Full Text of HB0691 95th General Assembly
HB0691ham004 95TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 3/22/2007
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09500HB0691ham004 |
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LRB095 08369 KBJ 33418 a |
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| AMENDMENT TO HOUSE BILL 691
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| AMENDMENT NO. ______. Amend House Bill 691, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 3, on page 3, line 15, by deleting "and"; and
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| on page 3, line 17, by replacing "appointment." with | 6 |
| "appointment; and"; and | 7 |
| on page 3, immediately below line 17, by inserting the | 8 |
| following: | 9 |
| "(6) a prescriber or his or her designee from | 10 |
| electronically or telephonically prescribing medication | 11 |
| for a patient with an existing physician-patient | 12 |
| relationship with the prescriber."; and | 13 |
| on page 37, immediately below line 15, by inserting the | 14 |
| following: |
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| "Section 110. The Physician Assistant Practice Act of 1987 | 2 |
| is amended by changing Section 21 as follows:
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| (225 ILCS 95/21) (from Ch. 111, par. 4621)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 21. Grounds for disciplinary action.
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| (a) The Department may refuse to issue or to renew, or may
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| revoke, suspend, place on probation, censure or reprimand, or | 8 |
| take other
disciplinary action with regard to any license | 9 |
| issued under this Act as the
Department may deem proper, | 10 |
| including the issuance of fines not to exceed
$5000 for each | 11 |
| violation, for any one or combination of the following causes:
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| (1) Material misstatement in furnishing information to | 13 |
| the Department.
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| (2) Violations of this Act, or the rules adopted under | 15 |
| this Act.
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| (3) Conviction of any crime under the laws of any U.S. | 17 |
| jurisdiction that
is a felony or that is a misdemeanor, an | 18 |
| essential element of which is
dishonesty, or of any crime | 19 |
| which is directly related to the practice of the
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| profession.
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| (4) Making any misrepresentation for the purpose of | 22 |
| obtaining licenses.
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| (5) Professional incompetence.
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| (6) Aiding or assisting another person in violating any | 25 |
| provision of this
Act or its rules.
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| (7) Failing, within 60 days, to provide information in | 2 |
| response to a
written request made by the Department.
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| (8) Engaging in dishonorable, unethical, or | 4 |
| unprofessional conduct, as
defined by rule, of a character | 5 |
| likely to deceive, defraud, or harm the public.
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| (9) Habitual or excessive use or addiction to alcohol, | 7 |
| narcotics,
stimulants, or any other chemical agent or drug | 8 |
| that results in a physician
assistant's inability to | 9 |
| practice with reasonable judgment, skill, or safety.
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| (10) Discipline by another U.S. jurisdiction or | 11 |
| foreign nation, if at
least one of the grounds for | 12 |
| discipline is the same or substantially equivalent
to those | 13 |
| set forth in this Section.
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| (11) Directly or indirectly giving to or receiving from | 15 |
| any person, firm,
corporation, partnership, or association | 16 |
| any fee, commission, rebate or
other form of compensation | 17 |
| for any professional services not actually or
personally | 18 |
| rendered.
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| (12) A finding by the Disciplinary Board that the | 20 |
| licensee, after having
his or her license placed on | 21 |
| probationary status has violated the terms of
probation.
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| (13) Abandonment of a patient.
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| (14) Willfully making or filing false records or | 24 |
| reports in his or her
practice, including but not limited | 25 |
| to false records filed with state agencies
or departments.
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| (15) Willfully failing to report an instance of |
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| suspected child abuse or
neglect as required by the Abused | 2 |
| and Neglected Child Reporting Act.
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| (16) Physical illness, including but not limited to | 4 |
| deterioration
through the aging process, or loss of motor | 5 |
| skill, mental illness, or
disability that results in the | 6 |
| inability to practice the profession with
reasonable | 7 |
| judgment, skill or safety.
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| (17) Being named as a perpetrator in an indicated | 9 |
| report by the
Department of Children and Family Services | 10 |
| under the Abused and
Neglected Child Reporting Act, and | 11 |
| upon proof by clear and convincing evidence
that the | 12 |
| licensee has caused a child to be an abused child or | 13 |
| neglected child
as defined in the Abused and Neglected | 14 |
| Child Reporting Act.
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| (18) Conviction in this State or another state of any | 16 |
| crime that is a
felony under the laws of this State, or | 17 |
| conviction of a felony in a federal
court.
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| (19) Gross malpractice resulting in permanent injury | 19 |
| or death
of a patient.
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| (20) Employment of fraud, deception or any unlawful | 21 |
| means in applying for
or securing a license as a physician | 22 |
| assistant.
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| (21) Exceeding the authority delegated to him or her by | 24 |
| his or her
supervising physician in guidelines established | 25 |
| by the physician/physician
assistant
team.
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| (22) Immoral conduct in the commission of any act, such |
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| as sexual abuse,
sexual misconduct or sexual exploitation | 2 |
| related to the licensee's practice.
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| (23) Violation of the Health Care Worker Self-Referral | 4 |
| Act.
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| (24) Practicing under a false or assumed name, except | 6 |
| as provided by law.
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| (25) Making a false or misleading statement regarding | 8 |
| his or her skill or
the efficacy or value of the medicine, | 9 |
| treatment, or remedy prescribed by him
or her in the course | 10 |
| of treatment.
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| (26) Allowing another person to use his or her license | 12 |
| to practice.
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| (27) Prescribing, selling, administering, | 14 |
| distributing, giving, or
self-administering a drug | 15 |
| classified as a controlled substance (designated
product) | 16 |
| or narcotic for other than medically-accepted therapeutic | 17 |
| purposes.
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| (28) Promotion of the sale of drugs, devices, | 19 |
| appliances, or goods
provided for a patient in a manner to | 20 |
| exploit the patient for financial gain.
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| (29) A pattern of practice or other behavior that | 22 |
| demonstrates incapacity
or incompetence to practice under | 23 |
| this Act.
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| (30) Violating State or federal laws or regulations | 25 |
| relating to controlled
substances.
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| (31) Exceeding the limited prescriptive authority |
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| delegated by the
supervising physician or violating the | 2 |
| written guidelines delegating that
authority.
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| (32) Practicing without providing to the Department a | 4 |
| notice of
supervision or delegation of
prescriptive | 5 |
| authority.
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| (33) Violating any provision of the Internet | 7 |
| Prescribing Prohibition Act.
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| (b) The Department may refuse to issue or may suspend the | 9 |
| license of any
person who fails to file a return, or to pay the | 10 |
| tax, penalty or interest
shown in a filed return, or to pay any | 11 |
| final assessment of the tax,
penalty, or interest as required | 12 |
| by any tax Act administered by the
Illinois Department of | 13 |
| Revenue, until such time as the requirements of any
such tax | 14 |
| Act are satisfied.
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| (c) The determination by a circuit court that a licensee is | 16 |
| subject to
involuntary admission or judicial admission as | 17 |
| provided in the Mental Health
and Developmental Disabilities | 18 |
| Code operates as an automatic suspension.
The
suspension will | 19 |
| end only upon a finding by a court that the patient is no
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| longer subject to involuntary admission or judicial admission | 21 |
| and issues an
order so finding and discharging the patient, and | 22 |
| upon the
recommendation of
the Disciplinary Board to the | 23 |
| Director that the licensee be allowed to resume
his or her | 24 |
| practice.
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| (d) In enforcing this Section, the Department upon a | 26 |
| showing of a
possible
violation may compel an individual |
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| licensed to practice under this Act, or
who has applied for | 2 |
| licensure under this Act, to submit
to a mental or physical | 3 |
| examination, or both, as required by and at the expense
of the | 4 |
| Department. The Department may order the examining physician to
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| present
testimony concerning the mental or physical | 6 |
| examination of the licensee or
applicant. No information shall | 7 |
| be excluded by reason of any common law or
statutory privilege | 8 |
| relating to communications between the licensee or
applicant | 9 |
| and the examining physician. The examining
physicians
shall be | 10 |
| specifically designated by the Department.
The individual to be | 11 |
| examined may have, at his or her own expense, another
physician | 12 |
| of his or her choice present during all
aspects of this | 13 |
| examination. Failure of an individual to submit to a mental
or
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| physical examination, when directed, shall be grounds for | 15 |
| suspension of his or
her
license until the individual submits | 16 |
| to the examination if the Department
finds,
after notice and | 17 |
| hearing, that the refusal to submit to the examination was
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| without reasonable cause.
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| If the Department finds an individual unable to practice | 20 |
| because of
the
reasons
set forth in this Section, the | 21 |
| Department may require that individual
to submit
to
care, | 22 |
| counseling, or treatment by physicians approved
or designated | 23 |
| by the Department, as a condition, term, or restriction
for | 24 |
| continued,
reinstated, or
renewed licensure to practice; or, in | 25 |
| lieu of care, counseling, or treatment,
the Department may file
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| a complaint to immediately
suspend, revoke, or otherwise |
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| discipline the license of the individual.
An individual whose
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| license was granted, continued, reinstated, renewed, | 3 |
| disciplined, or supervised
subject to such terms, conditions, | 4 |
| or restrictions, and who fails to comply
with
such terms, | 5 |
| conditions, or restrictions, shall be referred to the Director | 6 |
| for
a
determination as to whether the individual shall have his | 7 |
| or her license
suspended immediately, pending a hearing by the | 8 |
| Department.
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| In instances in which the Director immediately suspends a | 10 |
| person's license
under this Section, a hearing on that person's | 11 |
| license must be convened by
the Department within 15 days after | 12 |
| the suspension and completed without
appreciable
delay.
The | 13 |
| Department shall have the authority to review the subject
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| individual's record of
treatment and counseling regarding the | 15 |
| impairment to the extent permitted by
applicable federal | 16 |
| statutes and regulations safeguarding the confidentiality of
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| medical records.
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| An individual licensed under this Act and affected under | 19 |
| this Section shall
be
afforded an opportunity to demonstrate to | 20 |
| the Department that he or
she can resume
practice in compliance | 21 |
| with acceptable and prevailing standards under the
provisions | 22 |
| of his or her license.
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| (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
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| 90-655, eff. 7-30-98.)"; and
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| on page 37, by deleting lines 16 through 24; and |
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| on page 38, by deleting lines 1 through 26; and | 2 |
| on page 39, by deleting lines 1 through 26; and | 3 |
| on page 40, by deleting lines 1 through 26; and | 4 |
| on page 41, by deleting lines 1 through 26; and | 5 |
| on page 42, by deleting lines 1 through 26; and | 6 |
| on page 43, by deleting lines 1 through 6.
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