Full Text of SB2800 96th General Assembly
SB2800eng 96TH GENERAL ASSEMBLY
|
|
|
SB2800 Engrossed |
|
LRB096 18358 ASK 33735 b |
|
| 1 |
| AN ACT concerning professional regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Regulatory Sunset Act is amended by adding | 5 |
| Section 4.31 as follows: | 6 |
| (5 ILCS 80/4.31 new) | 7 |
| Sec. 4.31. Act repealed on December 31, 2020. The following | 8 |
| Act is repealed on December 31, 2020: | 9 |
| The Medical Practice Act of 1987. | 10 |
| Section 10. The Medical Practice Act of 1987 is amended by | 11 |
| changing Sections 7.5, 9, 18, 19, 22, 23, and 26 as follows:
| 12 |
| (225 ILCS 60/7.5)
| 13 |
| (Section scheduled to be repealed on December 31, 2010)
| 14 |
| Sec. 7.5. Complaint Committee.
| 15 |
| (a) There shall be a Complaint Committee of the | 16 |
| Disciplinary Board
composed of at least one of the medical | 17 |
| coordinators established by subsection
(g) of Section 7 of this | 18 |
| Act, the Chief of Medical Investigations (person
employed by | 19 |
| the Department who is in charge of investigating complaints | 20 |
| against
physicians and physician assistants), and at least 3 | 21 |
| voting members of the
Disciplinary Board (at least 2 of whom |
|
|
|
SB2800 Engrossed |
- 2 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| shall be physicians) designated by the
Chairman of the Medical | 2 |
| Disciplinary Board with the approval of the
Disciplinary Board. | 3 |
| The Disciplinary Board members so appointed shall serve
| 4 |
| one-year terms and may be eligible for reappointment
for | 5 |
| subsequent terms.
| 6 |
| (b) The Complaint Committee shall meet at least twice a | 7 |
| month to
exercise its functions and duties set forth in | 8 |
| subsection (c) below. At least 2
members of the Disciplinary | 9 |
| Board shall be in attendance in order for any
business to be | 10 |
| transacted by the Complaint Committee. The Complaint Committee
| 11 |
| shall make every effort to consider expeditiously and take | 12 |
| prompt action on
each item on its agenda.
| 13 |
| (c) The Complaint Committee shall have the following duties | 14 |
| and functions:
| 15 |
| (1) To recommend to the Disciplinary Board that a | 16 |
| complaint file be
closed.
| 17 |
| (2) To refer a complaint file to the office of the | 18 |
| Chief of Medical
Prosecutions (person employed by the | 19 |
| Department who is in charge of
prosecuting formal | 20 |
| complaints against licensees) for review.
| 21 |
| (3) To make a decision in conjunction with the Chief of | 22 |
| Medical
Prosecutions regarding action to be taken on a | 23 |
| complaint file.
| 24 |
| (d) In determining what action to take or whether to | 25 |
| proceed with
prosecution of a complaint, the Complaint | 26 |
| Committee shall consider, but not be
limited to, the following |
|
|
|
SB2800 Engrossed |
- 3 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| factors: sufficiency of the evidence presented,
prosecutorial | 2 |
| merit under Section 22 of this Act, any recommendation made by | 3 |
| the Department, and insufficient cooperation
from complaining | 4 |
| parties.
| 5 |
| (Source: P.A. 93-214, eff. 1-1-04 .)
| 6 |
| (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
| 7 |
| (Section scheduled to be repealed on December 31, 2010)
| 8 |
| Sec. 9. Application for license. Each applicant for a | 9 |
| license shall:
| 10 |
| (A) Make application on blank forms prepared and
| 11 |
| furnished by the Department of Professional Regulation
| 12 |
| hereinafter referred to as the Department.
| 13 |
| (B) Submit evidence satisfactory to the Department
| 14 |
| that the applicant:
| 15 |
| (1) is of good moral character. In determining | 16 |
| moral
character under this Section, the Department may | 17 |
| take into
consideration whether the applicant has | 18 |
| engaged in conduct
or activities which would | 19 |
| constitute grounds for discipline
under this Act. The | 20 |
| Department may also request the
applicant to submit, | 21 |
| and may consider as evidence of moral
character, | 22 |
| endorsements from 2 or 3 individuals licensed
under | 23 |
| this Act;
| 24 |
| (2) has the preliminary and professional education
| 25 |
| required by this Act;
|
|
|
|
SB2800 Engrossed |
- 4 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| (3) (blank); and
| 2 |
| (4) is physically, mentally, and professionally | 3 |
| capable
of practicing medicine with reasonable | 4 |
| judgment, skill, and
safety. In determining physical, | 5 |
| mental and professional
capacity under this Section, | 6 |
| the Medical Licensing Board
may, upon a showing of a | 7 |
| possible incapacity or conduct or activities which | 8 |
| would constitute grounds for discipline under this | 9 |
| Act , compel any
applicant to submit to a mental or | 10 |
| physical examination, or
both as provided for in | 11 |
| Section 22 of this Act . The Licensing Board may | 12 |
| condition or restrict any
license, subject to the same | 13 |
| terms and conditions as are
provided for the Medical | 14 |
| Disciplinary Board under Section 22
of this Act. Any | 15 |
| such condition of a restricted license
shall provide | 16 |
| that the Chief Medical Coordinator or Deputy
Medical | 17 |
| Coordinator shall have the authority to review the
| 18 |
| subject physician's compliance with such conditions or
| 19 |
| restrictions, including, where appropriate, the | 20 |
| physician's
record of treatment and counseling | 21 |
| regarding the impairment,
to the extent permitted by | 22 |
| applicable federal statutes and
regulations | 23 |
| safeguarding the confidentiality of medical
records of | 24 |
| patients.
| 25 |
| In determining professional capacity under this
| 26 |
| Section , an any individual who has not been actively |
|
|
|
SB2800 Engrossed |
- 5 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| engaged in
the practice of medicine or as a medical, | 2 |
| osteopathic, or
chiropractic student or who has not been | 3 |
| engaged in a formal
program of medical education during the | 4 |
| 2 years
immediately preceding their application may be | 5 |
| required to
complete such additional testing, training, or | 6 |
| remedial
education as the Licensing Board may deem | 7 |
| necessary in order
to establish the applicant's present | 8 |
| capacity to practice
medicine with reasonable judgment, | 9 |
| skill, and safety. The Medical Licensing Board may consider | 10 |
| all of the following criteria as they relate to an | 11 |
| applicant, as part of its determination of professional | 12 |
| capacity:
| 13 |
| (1) Medical research in an established research | 14 |
| facility, hospital, college or university, or private | 15 |
| corporation. | 16 |
| (2) Specialized training or education. | 17 |
| (3) Publication of original work in learned, | 18 |
| medical or scientific journals. | 19 |
| (4) Participation in federal, State, local, or | 20 |
| international public health programs or organizations. | 21 |
| (5) Professional service in a federal veterans or | 22 |
| military institution. | 23 |
| (6) Any other professional activities deemed to | 24 |
| maintain and enhance the clinical capabilities of the | 25 |
| applicant. | 26 |
| Any applicant applying for a license to practice |
|
|
|
SB2800 Engrossed |
- 6 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| medicine in all of its branches or for a license as a | 2 |
| chiropractic physician who has not been engaged in the | 3 |
| active practice of medicine or has not been enrolled in a | 4 |
| medical program for 2 years prior to application must | 5 |
| submit proof of professional capacity to the Medical | 6 |
| Licensing Board. | 7 |
| Any applicant applying for a temporary license that has | 8 |
| not been engaged in the active practice of medicine or has | 9 |
| not been enrolled in a medical program for longer than 5 | 10 |
| years prior to application must submit proof of | 11 |
| professional capacity to the Medical Licensing Board.
| 12 |
| (C) Designate specifically the name, location, and
| 13 |
| kind of professional school, college, or institution of
| 14 |
| which the applicant is a graduate and the category under
| 15 |
| which the applicant seeks, and will undertake, to practice.
| 16 |
| (D) Pay to the Department at the time of application
| 17 |
| the required fees.
| 18 |
| (E) Pursuant to Department rules, as required, pass an
| 19 |
| examination authorized by the Department to determine
the | 20 |
| applicant's fitness to receive a license.
| 21 |
| (F) Complete the application process within 3 years | 22 |
| from the date of
application. If the process has not been | 23 |
| completed within 3 years, the
application shall be denied, | 24 |
| application fees shall be forfeited, and the
applicant
must | 25 |
| reapply and meet the requirements in effect at the time of
| 26 |
| reapplication.
|
|
|
|
SB2800 Engrossed |
- 7 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97 .)
| 2 |
| (225 ILCS 60/18) (from Ch. 111, par. 4400-18)
| 3 |
| (Section scheduled to be repealed on December 31, 2010)
| 4 |
| Sec. 18. Visiting professor, physician, or resident | 5 |
| permits.
| 6 |
| (A) Visiting professor permit.
| 7 |
| (1) A visiting professor permit shall
entitle a person | 8 |
| to practice medicine in all of its branches
or to practice | 9 |
| the treatment of human ailments without the
use of drugs | 10 |
| and without operative surgery provided:
| 11 |
| (a) the person maintains an equivalent | 12 |
| authorization
to practice medicine in all of its | 13 |
| branches or to practice
the treatment of human ailments | 14 |
| without the use of drugs
and without operative surgery | 15 |
| in good standing in their
native licensing | 16 |
| jurisdiction during the period of the
visiting | 17 |
| professor permit;
| 18 |
| (b) the person has received a faculty appointment | 19 |
| to
teach in a medical, osteopathic or chiropractic | 20 |
| school in
Illinois; and
| 21 |
| (c) the Department may prescribe the information | 22 |
| necessary to
establish
an applicant's eligibility for | 23 |
| a permit. This information shall include
without | 24 |
| limitation (i) a statement from the dean of the medical | 25 |
| school at which
the
applicant will be employed |
|
|
|
SB2800 Engrossed |
- 8 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| describing the applicant's qualifications and (ii)
a | 2 |
| statement from the dean of the medical school listing | 3 |
| every affiliated
institution in which the applicant | 4 |
| will be providing instruction as part of the
medical | 5 |
| school's education program and justifying any clinical | 6 |
| activities at
each of the institutions listed by the | 7 |
| dean.
| 8 |
| (2) Application for visiting professor permits shall
| 9 |
| be made to the Department, in writing, on forms prescribed
| 10 |
| by the Department and shall be accompanied by the required
| 11 |
| fee established by rule, which shall not be refundable. Any | 12 |
| application
shall require the information as, in the | 13 |
| judgment of the Department, will
enable the Department to | 14 |
| pass on the qualifications of the applicant.
| 15 |
| (3) A visiting professor permit shall be valid for no | 16 |
| longer than 2
years from the date of issuance or until the | 17 |
| time the
faculty appointment is terminated, whichever | 18 |
| occurs first,
and may be renewed only in accordance with | 19 |
| subdivision (A)(6) of this
Section.
| 20 |
| (4) The applicant may be required to appear before the
| 21 |
| Medical Licensing Board for an interview prior to, and as a
| 22 |
| requirement for, the issuance of the original permit and | 23 |
| the
renewal.
| 24 |
| (5) Persons holding a permit under this Section shall
| 25 |
| only practice medicine in all of its branches or practice
| 26 |
| the treatment of human ailments without the use of drugs
|
|
|
|
SB2800 Engrossed |
- 9 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| and without operative surgery in the State of Illinois in
| 2 |
| their official capacity under their contract
within the | 3 |
| medical school itself and any affiliated institution in | 4 |
| which the
permit holder is providing instruction as part of | 5 |
| the medical school's
educational program and for which the | 6 |
| medical school has assumed direct
responsibility.
| 7 |
| (6) After the initial renewal of a visiting professor | 8 |
| permit, a A visiting professor permit shall be valid until | 9 |
| the last day of the
next physician license renewal period, | 10 |
| as set by rule, and may only be
renewed for applicants who | 11 |
| meet the following requirements:
| 12 |
| (i) have obtained the required continuing | 13 |
| education hours as set by
rule; and
| 14 |
| (ii) have paid the fee prescribed for a license | 15 |
| under Section 21 of this
Act.
| 16 |
| For initial renewal, the visiting professor must | 17 |
| successfully pass a
general competency examination authorized | 18 |
| by the Department by rule, unless he or she was issued an | 19 |
| initial visiting professor permit on or after January 1, 2007, | 20 |
| but prior to July 1, 2007.
| 21 |
| (B) Visiting physician permit.
| 22 |
| (1) The Department may, in its discretion, issue a | 23 |
| temporary visiting
physician permit, without examination, | 24 |
| provided:
| 25 |
| (a) (blank);
|
|
|
|
SB2800 Engrossed |
- 10 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| (b) that the person maintains an equivalent | 2 |
| authorization to practice
medicine in all of its | 3 |
| branches or to practice the treatment of human
ailments | 4 |
| without the use of drugs and without operative surgery | 5 |
| in good
standing in his or her native licensing | 6 |
| jurisdiction during the period of the
temporary | 7 |
| visiting physician permit;
| 8 |
| (c) that the person has received an invitation or | 9 |
| appointment to study,
demonstrate, or perform a
| 10 |
| specific medical, osteopathic, chiropractic or | 11 |
| clinical subject or
technique in a medical, | 12 |
| osteopathic, or chiropractic school, a state or | 13 |
| national medical, osteopathic, or chiropractic | 14 |
| professional association or society conference or | 15 |
| meeting, a hospital
licensed under the Hospital | 16 |
| Licensing Act, a hospital organized
under the | 17 |
| University of Illinois Hospital Act, or a facility | 18 |
| operated
pursuant to the Ambulatory Surgical Treatment | 19 |
| Center Act; and
| 20 |
| (d) that the temporary visiting physician permit | 21 |
| shall only permit the
holder to practice medicine in | 22 |
| all of its branches or practice the
treatment of human | 23 |
| ailments without the use of drugs and without operative
| 24 |
| surgery within the scope of the medical, osteopathic, | 25 |
| chiropractic, or
clinical studies, or in conjunction | 26 |
| with the state or national medical, osteopathic, or |
|
|
|
SB2800 Engrossed |
- 11 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| chiropractic professional association or society | 2 |
| conference or meeting, for which the holder was invited | 3 |
| or appointed.
| 4 |
| (2) The application for the temporary visiting | 5 |
| physician permit shall be
made to the Department, in | 6 |
| writing, on forms prescribed by the
Department, and shall | 7 |
| be accompanied by the required fee established by
rule, | 8 |
| which shall not be refundable. The application shall | 9 |
| require
information that, in the judgment of the | 10 |
| Department, will enable the
Department to pass on the | 11 |
| qualification of the applicant, and the necessity
for the | 12 |
| granting of a temporary visiting physician permit.
| 13 |
| (3) A temporary visiting physician permit shall be | 14 |
| valid for no longer than (i) 180
days
from the date of | 15 |
| issuance or (ii) until the time the medical, osteopathic,
| 16 |
| chiropractic, or clinical studies are completed, or the | 17 |
| state or national medical, osteopathic, or chiropractic | 18 |
| professional association or society conference or meeting | 19 |
| has concluded, whichever occurs first.
| 20 |
| (4) The applicant for a temporary visiting physician | 21 |
| permit may be
required to appear before the Medical | 22 |
| Licensing Board for an interview
prior to, and as a | 23 |
| requirement for, the issuance of a temporary visiting
| 24 |
| physician permit.
| 25 |
| (5) A limited temporary visiting physician permit | 26 |
| shall be issued to a
physician licensed in another state |
|
|
|
SB2800 Engrossed |
- 12 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| who has been requested to perform emergency
procedures in | 2 |
| Illinois if he or she meets the requirements as established | 3 |
| by
rule.
| 4 |
| (C) Visiting resident permit.
| 5 |
| (1) The Department may, in its discretion, issue a | 6 |
| temporary visiting
resident permit, without examination, | 7 |
| provided:
| 8 |
| (a) (blank);
| 9 |
| (b) that the person maintains an equivalent | 10 |
| authorization to practice
medicine in all of its | 11 |
| branches or to practice the treatment of human
ailments | 12 |
| without the use of drugs and without operative surgery | 13 |
| in good
standing in his or her native licensing | 14 |
| jurisdiction during the period of
the temporary | 15 |
| visiting resident permit;
| 16 |
| (c) that the applicant is enrolled in a | 17 |
| postgraduate clinical training
program outside the | 18 |
| State of Illinois that is approved by the Department;
| 19 |
| (d) that the individual has been invited or | 20 |
| appointed for a specific
period of time to perform a | 21 |
| portion of that post graduate clinical training
| 22 |
| program under the supervision of an Illinois licensed | 23 |
| physician in an
Illinois patient care clinic or | 24 |
| facility that is affiliated with the
out-of-State post | 25 |
| graduate training program; and
|
|
|
|
SB2800 Engrossed |
- 13 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| (e) that the temporary visiting resident permit | 2 |
| shall only permit the
holder to practice medicine in | 3 |
| all of its branches or practice the
treatment of human | 4 |
| ailments without the use of drugs and without operative
| 5 |
| surgery within the scope of the medical, osteopathic, | 6 |
| chiropractic or
clinical studies for which the holder | 7 |
| was invited or appointed.
| 8 |
| (2) The application for the temporary visiting | 9 |
| resident permit shall be
made to the Department, in | 10 |
| writing, on forms prescribed by the Department,
and shall | 11 |
| be accompanied by the required fee established by rule. The
| 12 |
| application shall require information that, in the | 13 |
| judgment of the
Department, will enable the Department to | 14 |
| pass on the qualifications of
the applicant.
| 15 |
| (3) A temporary visiting resident permit shall be valid | 16 |
| for 180 days from
the date of issuance or until the time | 17 |
| the medical, osteopathic,
chiropractic, or clinical | 18 |
| studies are completed, whichever occurs first.
| 19 |
| (4) The applicant for a temporary visiting resident | 20 |
| permit may be
required to appear before the Medical | 21 |
| Licensing Board for an interview
prior to, and as a | 22 |
| requirement for, the issuance of a temporary visiting
| 23 |
| resident permit.
| 24 |
| (Source: P.A. 95-915, eff. 8-26-08; 96-398, eff. 8-13-09.)
| 25 |
| (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
|
|
|
|
SB2800 Engrossed |
- 14 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| (Section scheduled to be repealed on December 31, 2010)
| 2 |
| Sec. 19. Licensure by endorsement without examination . The | 3 |
| Department may, in its
discretion,
issue a license by | 4 |
| endorsement without examination to any person who is currently | 5 |
| licensed
to practice medicine in all of its branches,
or to | 6 |
| practice the treatment of human ailments without the
use of | 7 |
| drugs or operative surgery, in any other state,
territory, | 8 |
| country or province, upon the following
conditions:
| 9 |
| (A) (Blank);
| 10 |
| (B) That the applicant is of good moral character. In
| 11 |
| determining moral character under this Section, the
| 12 |
| Department may take into consideration whether the | 13 |
| applicant
has engaged in conduct or activities which would | 14 |
| constitute
grounds for discipline under this Act. The | 15 |
| Department may
also request the applicant to submit, and | 16 |
| may consider as
evidence of moral character, endorsements | 17 |
| from 2 or 3
individuals licensed under this Act;
| 18 |
| (C) That the applicant is physically, mentally and
| 19 |
| professionally capable of practicing medicine with
| 20 |
| reasonable judgment, skill and safety. In determining
| 21 |
| physical, mental and professional capacity under this
| 22 |
| Section the Medical Licensing Board may, upon a showing of
| 23 |
| a possible incapacity, compel an applicant to submit to a
| 24 |
| mental or physical examination, or both, and may condition
| 25 |
| or restrict any license, subject to the same terms and
| 26 |
| conditions as are provided for the Medical Disciplinary
|
|
|
|
SB2800 Engrossed |
- 15 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| Board under Section 22 of this Act.
The Medical Licensing | 2 |
| Board or the Department may order the examining
physician
| 3 |
| to present testimony concerning this mental or physical | 4 |
| examination of the
applicant. No information shall be | 5 |
| excluded by reason of any common law or
statutory privilege | 6 |
| relating to communications between the applicant and the
| 7 |
| examining physician.
Any condition of
restricted license | 8 |
| shall provide that the Chief Medical
Coordinator or Deputy | 9 |
| Medical Coordinator shall have the
authority to review the | 10 |
| subject physician's compliance with
such conditions or | 11 |
| restrictions, including, where
appropriate, the | 12 |
| physician's record of treatment and
counseling regarding | 13 |
| the impairment, to the extent permitted
by applicable | 14 |
| federal statutes and regulations safeguarding
the | 15 |
| confidentiality of medical records of patients.
| 16 |
| (D) That if the applicant seeks to practice medicine
in | 17 |
| all of its branches:
| 18 |
| (1) if the applicant was licensed in another | 19 |
| jurisdiction prior to
January
1,
1988, that the | 20 |
| applicant has satisfied the educational
requirements | 21 |
| of paragraph (1) of subsection (A) or paragraph (2) of
| 22 |
| subsection (A) of Section 11 of
this Act; or
| 23 |
| (2) if the applicant was licensed in another | 24 |
| jurisdiction after December
31,
1987, that the | 25 |
| applicant has
satisfied the educational requirements | 26 |
| of paragraph (A)(2)
of Section 11 of this Act; and
|
|
|
|
SB2800 Engrossed |
- 16 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| (3) the requirements for a license to practice
| 2 |
| medicine in all of its branches in the particular | 3 |
| state,
territory, country or province in which the | 4 |
| applicant is
licensed are deemed by the Department to | 5 |
| have been
substantially equivalent to the requirements | 6 |
| for a license
to practice medicine in all of its | 7 |
| branches in force in this
State at the date of the | 8 |
| applicant's license;
| 9 |
| (E) That if the applicant seeks to treat human
ailments | 10 |
| without the use of drugs and without operative
surgery:
| 11 |
| (1) the applicant is a graduate of a chiropractic
| 12 |
| school or college approved by the Department at the | 13 |
| time of
their graduation;
| 14 |
| (2) the requirements for the applicant's license | 15 |
| to
practice the treatment of human ailments without the | 16 |
| use of
drugs are deemed by the Department to have been
| 17 |
| substantially equivalent to the requirements for a | 18 |
| license
to practice in this State at the date of the | 19 |
| applicant's
license;
| 20 |
| (F) That the Department may, in its discretion, issue a
| 21 |
| license by endorsement , without examination, to any | 22 |
| graduate of a
medical or osteopathic college, reputable and
| 23 |
| in good standing in the
judgment of the Department, who has | 24 |
| passed an examination
for admission to the United States | 25 |
| Public Health Service, or
who has passed any other | 26 |
| examination deemed by the
Department to have been at least |
|
|
|
SB2800 Engrossed |
- 17 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| equal in all substantial
respects to the examination | 2 |
| required for admission to any
such medical corps;
| 3 |
| (G) That applications for licenses by endorsement | 4 |
| without examination
shall be filed with the Department, | 5 |
| under oath, on forms
prepared and furnished by the | 6 |
| Department, and shall set
forth, and applicants therefor | 7 |
| shall supply such information
respecting the life, | 8 |
| education, professional practice, and
moral character of | 9 |
| applicants as the Department may require
to be filed for | 10 |
| its use;
| 11 |
| (H) That the applicant undergo
the criminal background | 12 |
| check established under Section 9.7 of this Act.
| 13 |
| In the exercise of its discretion under this Section,
the | 14 |
| Department is empowered to consider and evaluate each
applicant | 15 |
| on an individual basis. It may take into account,
among other | 16 |
| things, the extent to which there is or is not
available to the | 17 |
| Department, authentic and definitive
information concerning | 18 |
| the quality of medical education and
clinical training which | 19 |
| the applicant has had. Under no
circumstances shall a license | 20 |
| be issued under the provisions
of this Section to any person | 21 |
| who has previously taken and
failed the written examination | 22 |
| conducted by the Department
for such license. In the exercise | 23 |
| of its discretion under this Section, the Department may, upon | 24 |
| the recommendation of the Medical Licensing Board, require an | 25 |
| applicant to successfully complete an examination as | 26 |
| recommended by the Medical Licensing Board. In determining |
|
|
|
SB2800 Engrossed |
- 18 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| moral character, the
Department may take into consideration | 2 |
| whether the applicant
has engaged in conduct or activities | 3 |
| which would constitute
grounds for discipline under this Act. | 4 |
| The Department may
also request the applicant to submit, and | 5 |
| may consider as
evidence of moral character, evidence from 2 or | 6 |
| 3
individuals licensed under this Act.
Applicants have 3 years | 7 |
| from the date of application to complete the
application | 8 |
| process. If the process has not been completed within 3 years, | 9 |
| the
application shall be denied, the fees shall be forfeited, | 10 |
| and the applicant
must reapply and meet the requirements in | 11 |
| effect at the time of
reapplication.
| 12 |
| (Source: P.A. 89-702, eff. 7-1-97; 90-722, eff. 1-1-99 .)
| 13 |
| (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 14 |
| (Section scheduled to be repealed on December 31, 2010)
| 15 |
| Sec. 22. Disciplinary action.
| 16 |
| (A) The Department may revoke, suspend, place on | 17 |
| probationary
status, refuse to renew, or take any other | 18 |
| disciplinary action as the Department may deem proper
with | 19 |
| regard to the license or visiting professor permit of any | 20 |
| person issued
under this Act to practice medicine, or to treat | 21 |
| human ailments without the use
of drugs and without operative | 22 |
| surgery upon any of the following grounds:
| 23 |
| (1) Performance of an elective abortion in any place, | 24 |
| locale,
facility, or
institution other than:
| 25 |
| (a) a facility licensed pursuant to the Ambulatory |
|
|
|
SB2800 Engrossed |
- 19 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| Surgical Treatment
Center Act;
| 2 |
| (b) an institution licensed under the Hospital | 3 |
| Licensing Act; or
| 4 |
| (c) an ambulatory surgical treatment center or | 5 |
| hospitalization or care
facility maintained by the | 6 |
| State or any agency thereof, where such department
or | 7 |
| agency has authority under law to establish and enforce | 8 |
| standards for the
ambulatory surgical treatment | 9 |
| centers, hospitalization, or care facilities
under its | 10 |
| management and control; or
| 11 |
| (d) ambulatory surgical treatment centers, | 12 |
| hospitalization or care
facilities maintained by the | 13 |
| Federal Government; or
| 14 |
| (e) ambulatory surgical treatment centers, | 15 |
| hospitalization or care
facilities maintained by any | 16 |
| university or college established under the laws
of | 17 |
| this State and supported principally by public funds | 18 |
| raised by
taxation.
| 19 |
| (2) Performance of an abortion procedure in a wilful | 20 |
| and wanton
manner on a
woman who was not pregnant at the | 21 |
| time the abortion procedure was
performed.
| 22 |
| (3) The conviction of a felony in this or any other
| 23 |
| jurisdiction, except as
otherwise provided in subsection B | 24 |
| of this Section, whether or not related to
practice under | 25 |
| this Act, or the entry of a guilty or nolo contendere plea | 26 |
| to a
felony charge.
|
|
|
|
SB2800 Engrossed |
- 20 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| (4) Gross negligence in practice under this Act.
| 2 |
| (5) Engaging in dishonorable, unethical or | 3 |
| unprofessional
conduct of a
character likely to deceive, | 4 |
| defraud or harm the public.
| 5 |
| (6) Obtaining any fee by fraud, deceit, or
| 6 |
| misrepresentation.
| 7 |
| (7) Habitual or excessive use or abuse of drugs defined | 8 |
| in law
as
controlled substances, of alcohol, or of any | 9 |
| other substances which results in
the inability to practice | 10 |
| with reasonable judgment, skill or safety.
| 11 |
| (8) Practicing under a false or, except as provided by | 12 |
| law, an
assumed
name.
| 13 |
| (9) Fraud or misrepresentation in applying for, or | 14 |
| procuring, a
license
under this Act or in connection with | 15 |
| applying for renewal of a license under
this Act.
| 16 |
| (10) Making a false or misleading statement regarding | 17 |
| their
skill or the
efficacy or value of the medicine, | 18 |
| treatment, or remedy prescribed by them at
their direction | 19 |
| in the treatment of any disease or other condition of the | 20 |
| body
or mind.
| 21 |
| (11) Allowing another person or organization to use | 22 |
| their
license, procured
under this Act, to practice.
| 23 |
| (12) Disciplinary action of another state or | 24 |
| jurisdiction
against a license
or other authorization to | 25 |
| practice as a medical doctor, doctor of osteopathy,
doctor | 26 |
| of osteopathic medicine or
doctor of chiropractic, a |
|
|
|
SB2800 Engrossed |
- 21 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| certified copy of the record of the action taken by
the | 2 |
| other state or jurisdiction being prima facie evidence | 3 |
| thereof.
| 4 |
| (13) Violation of any provision of this Act or of the | 5 |
| Medical
Practice Act
prior to the repeal of that Act, or | 6 |
| violation of the rules, or a final
administrative action of | 7 |
| the Secretary, after consideration of the
recommendation | 8 |
| of the Disciplinary Board.
| 9 |
| (14) Violation of the prohibition against fee | 10 |
| splitting in Section 22.2 of this Act.
| 11 |
| (15) A finding by the Medical Disciplinary Board that | 12 |
| the
registrant after
having his or her license placed on | 13 |
| probationary status or subjected to
conditions or | 14 |
| restrictions violated the terms of the probation or failed | 15 |
| to
comply with such terms or conditions.
| 16 |
| (16) Abandonment of a patient.
| 17 |
| (17) Prescribing, selling, administering, | 18 |
| distributing, giving
or
self-administering any drug | 19 |
| classified as a controlled substance (designated
product) | 20 |
| or narcotic for other than medically accepted therapeutic
| 21 |
| purposes.
| 22 |
| (18) Promotion of the sale of drugs, devices, | 23 |
| appliances or
goods provided
for a patient in such manner | 24 |
| as to exploit the patient for financial gain of
the | 25 |
| physician.
| 26 |
| (19) Offering, undertaking or agreeing to cure or treat
|
|
|
|
SB2800 Engrossed |
- 22 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| disease by a secret
method, procedure, treatment or | 2 |
| medicine, or the treating, operating or
prescribing for any | 3 |
| human condition by a method, means or procedure which the
| 4 |
| licensee refuses to divulge upon demand of the Department.
| 5 |
| (20) Immoral conduct in the commission of any act | 6 |
| including,
but not limited to, commission of an act of | 7 |
| sexual misconduct related to the
licensee's
practice.
| 8 |
| (21) Wilfully making or filing false records or reports | 9 |
| in his
or her
practice as a physician, including, but not | 10 |
| limited to, false records to
support claims against the | 11 |
| medical assistance program of the Department of Healthcare | 12 |
| and Family Services (formerly Department of
Public Aid)
| 13 |
| under the Illinois Public Aid Code.
| 14 |
| (22) Wilful omission to file or record, or wilfully | 15 |
| impeding
the filing or
recording, or inducing another | 16 |
| person to omit to file or record, medical
reports as | 17 |
| required by law, or wilfully failing to report an instance | 18 |
| of
suspected abuse or neglect as required by law.
| 19 |
| (23) Being named as a perpetrator in an indicated | 20 |
| report by
the Department
of Children and Family Services | 21 |
| under the Abused and Neglected Child Reporting
Act, and | 22 |
| upon proof by clear and convincing evidence that the | 23 |
| licensee has
caused a child to be an abused child or | 24 |
| neglected child as defined in the
Abused and Neglected | 25 |
| Child Reporting Act.
| 26 |
| (24) Solicitation of professional patronage by any
|
|
|
|
SB2800 Engrossed |
- 23 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| corporation, agents or
persons, or profiting from those | 2 |
| representing themselves to be agents of the
licensee.
| 3 |
| (25) Gross and wilful and continued overcharging for
| 4 |
| professional services,
including filing false statements | 5 |
| for collection of fees for which services are
not rendered, | 6 |
| including, but not limited to, filing such false statements | 7 |
| for
collection of monies for services not rendered from the | 8 |
| medical assistance
program of the Department of Healthcare | 9 |
| and Family Services (formerly Department of Public Aid)
| 10 |
| under the Illinois Public Aid
Code.
| 11 |
| (26) A pattern of practice or other behavior which
| 12 |
| demonstrates
incapacity
or incompetence to practice under | 13 |
| this Act.
| 14 |
| (27) Mental illness or disability which results in the
| 15 |
| inability to
practice under this Act with reasonable | 16 |
| judgment, skill or safety.
| 17 |
| (28) Physical illness, including, but not limited to,
| 18 |
| deterioration through
the aging process, or loss of motor | 19 |
| skill which results in a physician's
inability to practice | 20 |
| under this Act with reasonable judgment, skill or
safety.
| 21 |
| (29) Cheating on or attempt to subvert the licensing
| 22 |
| examinations
administered under this Act.
| 23 |
| (30) Wilfully or negligently violating the | 24 |
| confidentiality
between
physician and patient except as | 25 |
| required by law.
| 26 |
| (31) The use of any false, fraudulent, or deceptive |
|
|
|
SB2800 Engrossed |
- 24 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| statement
in any
document connected with practice under | 2 |
| this Act.
| 3 |
| (32) Aiding and abetting an individual not licensed | 4 |
| under this
Act in the
practice of a profession licensed | 5 |
| under this Act.
| 6 |
| (33) Violating state or federal laws or regulations | 7 |
| relating
to controlled
substances, legend
drugs, or | 8 |
| ephedra, as defined in the Ephedra Prohibition Act.
| 9 |
| (34) Failure to report to the Department any adverse | 10 |
| final
action taken
against them by another licensing | 11 |
| jurisdiction (any other state or any
territory of the | 12 |
| United States or any foreign state or country), by any peer
| 13 |
| review body, by any health care institution, by any | 14 |
| professional society or
association related to practice | 15 |
| under this Act, by any governmental agency, by
any law | 16 |
| enforcement agency, or by any court for acts or conduct | 17 |
| similar to acts
or conduct which would constitute grounds | 18 |
| for action as defined in this
Section.
| 19 |
| (35) Failure to report to the Department surrender of a
| 20 |
| license or
authorization to practice as a medical doctor, a | 21 |
| doctor of osteopathy, a
doctor of osteopathic medicine, or | 22 |
| doctor
of chiropractic in another state or jurisdiction, or | 23 |
| surrender of membership on
any medical staff or in any | 24 |
| medical or professional association or society,
while | 25 |
| under disciplinary investigation by any of those | 26 |
| authorities or bodies,
for acts or conduct similar to acts |
|
|
|
SB2800 Engrossed |
- 25 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| or conduct which would constitute grounds
for action as | 2 |
| defined in this Section.
| 3 |
| (36) Failure to report to the Department any adverse | 4 |
| judgment,
settlement,
or award arising from a liability | 5 |
| claim related to acts or conduct similar to
acts or conduct | 6 |
| which would constitute grounds for action as defined in | 7 |
| this
Section.
| 8 |
| (37) Failure to provide copies of medical records as | 9 |
| required
by law.
| 10 |
| (38) Failure to furnish the Department, its | 11 |
| investigators or
representatives, relevant information, | 12 |
| legally requested by the Department
after consultation | 13 |
| with the Chief Medical Coordinator or the Deputy Medical
| 14 |
| Coordinator.
| 15 |
| (39) Violating the Health Care Worker Self-Referral
| 16 |
| Act.
| 17 |
| (40) Willful failure to provide notice when notice is | 18 |
| required
under the
Parental Notice of Abortion Act of 1995.
| 19 |
| (41) Failure to establish and maintain records of | 20 |
| patient care and
treatment as required by this law.
| 21 |
| (42) Entering into an excessive number of written | 22 |
| collaborative
agreements with licensed advanced practice | 23 |
| nurses resulting in an inability to
adequately | 24 |
| collaborate.
| 25 |
| (43) Repeated failure to adequately collaborate with a | 26 |
| licensed advanced practice nurse.
|
|
|
|
SB2800 Engrossed |
- 26 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| Except
for actions involving the ground numbered (26), all | 2 |
| proceedings to suspend,
revoke, place on probationary status, | 3 |
| or take any
other disciplinary action as the Department may | 4 |
| deem proper, with regard to a
license on any of the foregoing | 5 |
| grounds, must be commenced within 5 years next
after receipt by | 6 |
| the Department of a complaint alleging the commission of or
| 7 |
| notice of the conviction order for any of the acts described | 8 |
| herein. Except
for the grounds numbered (8), (9), (26), and | 9 |
| (29), no action shall be commenced more
than 10 years after the | 10 |
| date of the incident or act alleged to have violated
this | 11 |
| Section. For actions involving the ground numbered (26), a | 12 |
| pattern of practice or other behavior includes all incidents | 13 |
| alleged to be part of the pattern of practice or other behavior | 14 |
| that occurred or a report pursuant to Section 23 of this Act | 15 |
| received within the 10-year period preceding the filing of the | 16 |
| complaint. In the event of the settlement of any claim or cause | 17 |
| of action
in favor of the claimant or the reduction to final | 18 |
| judgment of any civil action
in favor of the plaintiff, such | 19 |
| claim, cause of action or civil action being
grounded on the | 20 |
| allegation that a person licensed under this Act was negligent
| 21 |
| in providing care, the Department shall have an additional | 22 |
| period of 2 years
from the date of notification to the | 23 |
| Department under Section 23 of this Act
of such settlement or | 24 |
| final judgment in which to investigate and
commence formal | 25 |
| disciplinary proceedings under Section 36 of this Act, except
| 26 |
| as otherwise provided by law. The time during which the holder |
|
|
|
SB2800 Engrossed |
- 27 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| of the license
was outside the State of Illinois shall not be | 2 |
| included within any period of
time limiting the commencement of | 3 |
| disciplinary action by the Department.
| 4 |
| The entry of an order or judgment by any circuit court | 5 |
| establishing that any
person holding a license under this Act | 6 |
| is a person in need of mental treatment
operates as a | 7 |
| suspension of that license. That person may resume their
| 8 |
| practice only upon the entry of a Departmental order based upon | 9 |
| a finding by
the Medical Disciplinary Board that they have been | 10 |
| determined to be recovered
from mental illness by the court and | 11 |
| upon the Disciplinary Board's
recommendation that they be | 12 |
| permitted to resume their practice.
| 13 |
| The Department may refuse to issue or take disciplinary | 14 |
| action concerning the license of any person
who fails to file a | 15 |
| return, or to pay the tax, penalty or interest shown in a
filed | 16 |
| return, or to pay any final assessment of tax, penalty or | 17 |
| interest, as
required by any tax Act administered by the | 18 |
| Illinois Department of Revenue,
until such time as the | 19 |
| requirements of any such tax Act are satisfied as
determined by | 20 |
| the Illinois Department of Revenue.
| 21 |
| The Department, upon the recommendation of the | 22 |
| Disciplinary Board, shall
adopt rules which set forth standards | 23 |
| to be used in determining:
| 24 |
| (a) when a person will be deemed sufficiently | 25 |
| rehabilitated to warrant the
public trust;
| 26 |
| (b) what constitutes dishonorable, unethical or |
|
|
|
SB2800 Engrossed |
- 28 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| unprofessional conduct of
a character likely to deceive, | 2 |
| defraud, or harm the public;
| 3 |
| (c) what constitutes immoral conduct in the commission | 4 |
| of any act,
including, but not limited to, commission of an | 5 |
| act of sexual misconduct
related
to the licensee's | 6 |
| practice; and
| 7 |
| (d) what constitutes gross negligence in the practice | 8 |
| of medicine.
| 9 |
| However, no such rule shall be admissible into evidence in | 10 |
| any civil action
except for review of a licensing or other | 11 |
| disciplinary action under this Act.
| 12 |
| In enforcing this Section, the Medical Disciplinary Board | 13 |
| or the Licensing Board ,
upon a showing of a possible violation, | 14 |
| may compel , in the case of the Disciplinary Board, any | 15 |
| individual who is licensed to
practice under this Act or holds | 16 |
| a permit to practice under this Act , or may compel, in the case | 17 |
| of the Licensing Board, any individual who has applied for | 18 |
| licensure or a permit
pursuant to this Act, to submit to a | 19 |
| mental examination and evaluation or physical examination, or | 20 |
| both,
which may include a substance abuse or sexual offender | 21 |
| evaluation, as required by the Licensing Board or Disciplinary | 22 |
| Board and at the expense of the Department. | 23 |
| The Disciplinary Board or Licensing Board shall | 24 |
| specifically designate the examining physician licensed to | 25 |
| practice medicine in all of its branches or, if applicable, the | 26 |
| members of a multidisciplinary team involved in providing the |
|
|
|
SB2800 Engrossed |
- 29 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| physical examination or mental examination and evaluation. The | 2 |
| multidisciplinary team shall be led by a physician licensed to | 3 |
| practice medicine in all of its branches and may consist of one | 4 |
| or a combination of physicians licensed to practice medicine in | 5 |
| all of its branches, licensed clinical psychologists, licensed | 6 |
| clinical social workers, licensed clinical professional | 7 |
| counselors, and other professional and administrative staff. | 8 |
| Any examining physician or member of the multidisciplinary team | 9 |
| may require any person ordered to submit to an examination or | 10 |
| evaluation pursuant to this Section to submit to any additional | 11 |
| supplemental testing deemed necessary to complete any | 12 |
| examination or evaluation process including, but not limited | 13 |
| to, blood testing, urinalysis, psychological testing, or | 14 |
| neuropsychological testing. The examining physician
or | 15 |
| physicians shall be those specifically designated by the | 16 |
| Disciplinary Board. | 17 |
| The Medical Disciplinary Board , the Licensing Board, or the | 18 |
| Department may order the examining
physician or any member of | 19 |
| the multidisciplinary team to provide to the Department any and | 20 |
| all records, including business records, that relate to the | 21 |
| examination or evaluation, including any supplemental testing | 22 |
| performed. The Disciplinary Board, Licensing Board, or | 23 |
| Department may order the examining physician or any member of | 24 |
| the multidisciplinary team to present testimony concerning | 25 |
| this mental or physical examination or evaluation
of the | 26 |
| licensee , permit holder, or applicant , including testimony |
|
|
|
SB2800 Engrossed |
- 30 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| concerning any supplemental testing or documents relating to | 2 |
| the examination or evaluation . No information , report, record, | 3 |
| or other documents in any way related to the examination or | 4 |
| supplemental testing shall be excluded by reason of
any common
| 5 |
| law or statutory privilege relating to communication between | 6 |
| the licensee or
applicant and
the examining physician or any | 7 |
| member of the multidisciplinary team .
The individual to be | 8 |
| examined may have, at his or her own expense, another
physician | 9 |
| of his or her choice present during all aspects of the | 10 |
| examination.
| 11 |
| Failure of any individual to submit to mental or physical | 12 |
| examination, when
directed, shall be grounds for suspension of | 13 |
| his or her license until such time
as the individual submits to | 14 |
| the examination if the Disciplinary Board finds,
after notice | 15 |
| and hearing, that the refusal to submit to the examination was
| 16 |
| without reasonable cause. If the Disciplinary Board finds a | 17 |
| physician unable
to practice because of the reasons set forth | 18 |
| in this Section, the Disciplinary
Board shall require such | 19 |
| physician to submit to care, counseling, or treatment
by | 20 |
| physicians approved or designated by the Disciplinary Board, as | 21 |
| a condition
for continued, reinstated, or renewed licensure to | 22 |
| practice. Any physician,
whose license was granted pursuant to | 23 |
| Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | 24 |
| renewed, disciplined or supervised, subject to such
terms, | 25 |
| conditions or restrictions who shall fail to comply with such | 26 |
| terms,
conditions or restrictions, or to complete a required |
|
|
|
SB2800 Engrossed |
- 31 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| program of care,
counseling, or treatment, as determined by the | 2 |
| Chief Medical Coordinator or
Deputy Medical Coordinators, | 3 |
| shall be referred to the Secretary for a
determination as to | 4 |
| whether the licensee shall have their license suspended
| 5 |
| immediately, pending a hearing by the Disciplinary Board. In | 6 |
| instances in
which the Secretary immediately suspends a license | 7 |
| under this Section, a hearing
upon such person's license must | 8 |
| be convened by the Disciplinary Board within 15
days after such | 9 |
| suspension and completed without appreciable delay. The
| 10 |
| Disciplinary Board shall have the authority to review the | 11 |
| subject physician's
record of treatment and counseling | 12 |
| regarding the impairment, to the extent
permitted by applicable | 13 |
| federal statutes and regulations safeguarding the
| 14 |
| confidentiality of medical records.
| 15 |
| An individual licensed under this Act, affected under this | 16 |
| Section, shall be
afforded an opportunity to demonstrate to the | 17 |
| Disciplinary Board that they can
resume practice in compliance | 18 |
| with acceptable and prevailing standards under
the provisions | 19 |
| of their license.
| 20 |
| The Department may promulgate rules for the imposition of | 21 |
| fines in
disciplinary cases, not to exceed
$10,000 for each | 22 |
| violation of this Act. Fines
may be imposed in conjunction with | 23 |
| other forms of disciplinary action, but
shall not be the | 24 |
| exclusive disposition of any disciplinary action arising out
of | 25 |
| conduct resulting in death or injury to a patient. Any funds | 26 |
| collected from
such fines shall be deposited in the Medical |
|
|
|
SB2800 Engrossed |
- 32 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| Disciplinary Fund.
| 2 |
| (B) The Department shall revoke the license or visiting
| 3 |
| permit of any person issued under this Act to practice medicine | 4 |
| or to treat
human ailments without the use of drugs and without | 5 |
| operative surgery, who
has been convicted a second time of | 6 |
| committing any felony under the
Illinois Controlled Substances | 7 |
| Act or the Methamphetamine Control and Community Protection | 8 |
| Act, or who has been convicted a second time of
committing a | 9 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | 10 |
| Public
Aid Code. A person whose license or visiting permit is | 11 |
| revoked
under
this subsection B of Section 22 of this Act shall | 12 |
| be prohibited from practicing
medicine or treating human | 13 |
| ailments without the use of drugs and without
operative | 14 |
| surgery.
| 15 |
| (C) The Medical Disciplinary Board shall recommend to the
| 16 |
| Department civil
penalties and any other appropriate | 17 |
| discipline in disciplinary cases when the
Board finds that a | 18 |
| physician willfully performed an abortion with actual
| 19 |
| knowledge that the person upon whom the abortion has been | 20 |
| performed is a minor
or an incompetent person without notice as | 21 |
| required under the Parental Notice
of Abortion Act of 1995. | 22 |
| Upon the Board's recommendation, the Department shall
impose, | 23 |
| for the first violation, a civil penalty of $1,000 and for a | 24 |
| second or
subsequent violation, a civil penalty of $5,000.
| 25 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-608, eff. 8-24-09; | 26 |
| revised 11-3-09.)
|
|
|
|
SB2800 Engrossed |
- 33 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| 2 |
| (Section scheduled to be repealed on December 31, 2010)
| 3 |
| Sec. 23. Reports relating to professional conduct
and | 4 |
| capacity. | 5 |
| (A) Entities required to report.
| 6 |
| (1) Health care institutions. The chief administrator
| 7 |
| or executive officer of any health care institution | 8 |
| licensed
by the Illinois Department of Public Health shall | 9 |
| report to
the Disciplinary Board when any person's clinical | 10 |
| privileges
are terminated or are restricted based on a | 11 |
| final
determination made , in accordance with that | 12 |
| institution's by-laws
or rules and regulations , that a | 13 |
| person has either committed
an act or acts which may | 14 |
| directly threaten patient care, and not of an
| 15 |
| administrative nature, or that a person may be mentally or
| 16 |
| physically disabled in such a manner as to endanger | 17 |
| patients
under that person's care. Such officer also shall | 18 |
| report if
a person accepts voluntary termination or | 19 |
| restriction of
clinical privileges in lieu of formal action | 20 |
| based upon conduct related
directly to patient care and
not | 21 |
| of an administrative nature, or in lieu of formal action
| 22 |
| seeking to determine whether a person may be mentally or
| 23 |
| physically disabled in such a manner as to endanger | 24 |
| patients
under that person's care. The Medical | 25 |
| Disciplinary Board
shall, by rule, provide for the |
|
|
|
SB2800 Engrossed |
- 34 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| reporting to it of all
instances in which a person, | 2 |
| licensed under this Act, who is
impaired by reason of age, | 3 |
| drug or alcohol abuse or physical
or mental impairment, is | 4 |
| under supervision and, where
appropriate, is in a program | 5 |
| of rehabilitation. Such
reports shall be strictly | 6 |
| confidential and may be reviewed
and considered only by the | 7 |
| members of the Disciplinary
Board, or by authorized staff | 8 |
| as provided by rules of the
Disciplinary Board. Provisions | 9 |
| shall be made for the
periodic report of the status of any | 10 |
| such person not less
than twice annually in order that the | 11 |
| Disciplinary Board
shall have current information upon | 12 |
| which to determine the
status of any such person. Such | 13 |
| initial and periodic
reports of impaired physicians shall | 14 |
| not be considered
records within the meaning of The State | 15 |
| Records Act and
shall be disposed of, following a | 16 |
| determination by the
Disciplinary Board that such reports | 17 |
| are no longer required,
in a manner and at such time as the | 18 |
| Disciplinary Board shall
determine by rule. The filing of | 19 |
| such reports shall be
construed as the filing of a report | 20 |
| for purposes of
subsection (C) of this Section.
| 21 |
| (2) Professional associations. The President or chief
| 22 |
| executive officer of any association or society, of persons
| 23 |
| licensed under this Act, operating within this State shall
| 24 |
| report to the Disciplinary Board when the association or
| 25 |
| society renders a final determination that a person has
| 26 |
| committed unprofessional conduct related directly to |
|
|
|
SB2800 Engrossed |
- 35 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| patient
care or that a person may be mentally or physically | 2 |
| disabled
in such a manner as to endanger patients under | 3 |
| that person's
care.
| 4 |
| (3) Professional liability insurers. Every insurance
| 5 |
| company which offers policies of professional liability
| 6 |
| insurance to persons licensed under this Act, or any other
| 7 |
| entity which seeks to indemnify the professional liability
| 8 |
| of a person licensed under this Act, shall report to the
| 9 |
| Disciplinary Board the settlement of any claim or cause of
| 10 |
| action, or final judgment rendered in any cause of action,
| 11 |
| which alleged negligence in the furnishing of medical care
| 12 |
| by such licensed person when such settlement or final
| 13 |
| judgment is in favor of the plaintiff.
| 14 |
| (4) State's Attorneys. The State's Attorney of each
| 15 |
| county shall report to the Disciplinary Board , within 5 | 16 |
| days, any all instance s
in which a person licensed under | 17 |
| this Act is convicted or
otherwise found guilty of the | 18 |
| commission of any felony or a Class A misdemeanor for an | 19 |
| act or conduct similar to an act or conduct that would | 20 |
| constitute grounds for disciplinary action under Section | 21 |
| 22 of this Act . The State's Attorney
of each county may | 22 |
| report to the Disciplinary Board through a verified
| 23 |
| complaint any instance in which the State's Attorney | 24 |
| believes that a physician
has willfully violated the notice | 25 |
| requirements of the Parental Notice of
Abortion Act of | 26 |
| 1995.
|
|
|
|
SB2800 Engrossed |
- 36 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| (5) State agencies. All agencies, boards,
commissions, | 2 |
| departments, or other instrumentalities of the
government | 3 |
| of the State of Illinois shall report to the
Disciplinary | 4 |
| Board any instance arising in connection with
the | 5 |
| operations of such agency, including the administration
of | 6 |
| any law by such agency, in which a person licensed under
| 7 |
| this Act has either committed an act or acts which may be a
| 8 |
| violation of this Act or which may constitute | 9 |
| unprofessional
conduct related directly to patient care or | 10 |
| which indicates
that a person licensed under this Act may | 11 |
| be mentally or
physically disabled in such a manner as to | 12 |
| endanger patients
under that person's care.
| 13 |
| (B) Mandatory reporting. All reports required by items | 14 |
| (34), (35), and
(36) of subsection (A) of Section 22 and by | 15 |
| Section 23 shall be submitted to the Disciplinary Board in a | 16 |
| timely
fashion. The reports shall be filed in writing within 60
| 17 |
| days after a determination that a report is required under
this | 18 |
| Act. All reports shall contain the following
information:
| 19 |
| (1) The name, address and telephone number of the
| 20 |
| person making the report.
| 21 |
| (2) The name, address and telephone number of the
| 22 |
| person who is the subject of the report.
| 23 |
| (3) The name and date of birth of any
patient or | 24 |
| patients whose treatment is a subject of the
report, if | 25 |
| available, or other means of identification if such | 26 |
| information is not available, identification of the |
|
|
|
SB2800 Engrossed |
- 37 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| hospital or other
healthcare facility where the care at | 2 |
| issue in the report was rendered,
provided, however, no | 3 |
| medical records may be
revealed.
| 4 |
| (4) A brief description of the facts which gave rise
to | 5 |
| the issuance of the report, including the dates of any
| 6 |
| occurrences deemed to necessitate the filing of the report.
| 7 |
| (5) If court action is involved, the identity of the
| 8 |
| court in which the action is filed, along with the docket
| 9 |
| number and date of filing of the action.
| 10 |
| (6) Any further pertinent information which the
| 11 |
| reporting party deems to be an aid in the evaluation of the
| 12 |
| report.
| 13 |
| The Disciplinary Board or Department may also exercise the | 14 |
| power under Section
38 of this Act to subpoena copies of | 15 |
| hospital or medical records in mandatory
report cases alleging | 16 |
| death or permanent bodily injury. Appropriate
rules shall be | 17 |
| adopted by the Department with the approval of the Disciplinary
| 18 |
| Board.
| 19 |
| When the Department has received written reports | 20 |
| concerning incidents
required to be reported in items (34), | 21 |
| (35), and (36) of subsection (A) of
Section 22, the licensee's | 22 |
| failure to report the incident to the Department
under those | 23 |
| items shall not be the sole grounds for disciplinary action.
| 24 |
| Nothing contained in this Section shall act to in any
way, | 25 |
| waive or modify the confidentiality of medical reports
and | 26 |
| committee reports to the extent provided by law. Any
|
|
|
|
SB2800 Engrossed |
- 38 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| information reported or disclosed shall be kept for the
| 2 |
| confidential use of the Disciplinary Board, the Medical
| 3 |
| Coordinators, the Disciplinary Board's attorneys, the
medical | 4 |
| investigative staff, and authorized clerical staff,
as | 5 |
| provided in this Act, and shall be afforded the same
status as | 6 |
| is provided information concerning medical studies
in Part 21 | 7 |
| of Article VIII of the Code of Civil Procedure, except that the | 8 |
| Department may disclose information and documents to a federal, | 9 |
| State, or local law enforcement agency pursuant to a subpoena | 10 |
| in an ongoing criminal investigation or to a medical licensing | 11 |
| authority of another state or jurisdiction pursuant to an | 12 |
| official request made by that authority . Furthermore, | 13 |
| information and documents disclosed to a federal, State, or | 14 |
| local law enforcement agency may be used by that agency only | 15 |
| for the investigation and prosecution of a criminal offense or, | 16 |
| in the case of disclosure to another medical licensing | 17 |
| authority, only for investigations and disciplinary action | 18 |
| proceedings with regard to a license .
| 19 |
| (C) Immunity from prosecution. Any individual or
| 20 |
| organization acting in good faith, and not in a wilful and
| 21 |
| wanton manner, in complying with this Act by providing any
| 22 |
| report or other information to the Disciplinary Board or a peer | 23 |
| review committee, or
assisting in the investigation or | 24 |
| preparation of such
information, or by voluntarily reporting to | 25 |
| the Disciplinary Board
or a peer review committee information | 26 |
| regarding alleged errors or negligence by a person licensed |
|
|
|
SB2800 Engrossed |
- 39 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| under this Act, or by participating in proceedings of the
| 2 |
| Disciplinary Board or a peer review committee, or by serving as | 3 |
| a member of the
Disciplinary Board or a peer review committee, | 4 |
| shall not, as a result of such actions,
be subject to criminal | 5 |
| prosecution or civil damages.
| 6 |
| (D) Indemnification. Members of the Disciplinary
Board, | 7 |
| the Medical Coordinators, the Disciplinary Board's
attorneys, | 8 |
| the medical investigative staff, physicians
retained under | 9 |
| contract to assist and advise the medical
coordinators in the | 10 |
| investigation, and authorized clerical
staff shall be | 11 |
| indemnified by the State for any actions
occurring within the | 12 |
| scope of services on the Disciplinary
Board, done in good faith | 13 |
| and not wilful and wanton in
nature. The Attorney General shall | 14 |
| defend all such actions
unless he or she determines either that | 15 |
| there would be a
conflict of interest in such representation or | 16 |
| that the
actions complained of were not in good faith or were | 17 |
| wilful
and wanton.
| 18 |
| Should the Attorney General decline representation, the
| 19 |
| member shall have the right to employ counsel of his or her
| 20 |
| choice, whose fees shall be provided by the State, after
| 21 |
| approval by the Attorney General, unless there is a
| 22 |
| determination by a court that the member's actions were not
in | 23 |
| good faith or were wilful and wanton.
| 24 |
| The member must notify the Attorney General within 7
days | 25 |
| of receipt of notice of the initiation of any action
involving | 26 |
| services of the Disciplinary Board. Failure to so
notify the |
|
|
|
SB2800 Engrossed |
- 40 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| Attorney General shall constitute an absolute
waiver of the | 2 |
| right to a defense and indemnification.
| 3 |
| The Attorney General shall determine within 7 days
after | 4 |
| receiving such notice, whether he or she will
undertake to | 5 |
| represent the member.
| 6 |
| (E) Deliberations of Disciplinary Board. Upon the
receipt | 7 |
| of any report called for by this Act, other than
those reports | 8 |
| of impaired persons licensed under this Act
required pursuant | 9 |
| to the rules of the Disciplinary Board,
the Disciplinary Board | 10 |
| shall notify in writing, by certified
mail, the person who is | 11 |
| the subject of the report. Such
notification shall be made | 12 |
| within 30 days of receipt by the
Disciplinary Board of the | 13 |
| report.
| 14 |
| The notification shall include a written notice setting
| 15 |
| forth the person's right to examine the report. Included in
| 16 |
| such notification shall be the address at which the file is
| 17 |
| maintained, the name of the custodian of the reports, and
the | 18 |
| telephone number at which the custodian may be reached.
The | 19 |
| person who is the subject of the report shall submit a written | 20 |
| statement responding,
clarifying, adding to, or proposing the | 21 |
| amending of the
report previously filed. The person who is the | 22 |
| subject of the report shall also submit with the written | 23 |
| statement any medical records related to the report. The | 24 |
| statement and accompanying medical records shall become a
| 25 |
| permanent part of the file and must be received by the
| 26 |
| Disciplinary Board no more than
30 days after the date on
which |
|
|
|
SB2800 Engrossed |
- 41 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| the person was notified by the Disciplinary Board of the | 2 |
| existence of
the
original report.
| 3 |
| The Disciplinary Board shall review all reports
received by | 4 |
| it, together with any supporting information and
responding | 5 |
| statements submitted by persons who are the
subject of reports. | 6 |
| The review by the Disciplinary Board
shall be in a timely | 7 |
| manner but in no event, shall the
Disciplinary Board's initial | 8 |
| review of the material
contained in each disciplinary file be | 9 |
| less than 61 days nor
more than 180 days after the receipt of | 10 |
| the initial report
by the Disciplinary Board.
| 11 |
| When the Disciplinary Board makes its initial review of
the | 12 |
| materials contained within its disciplinary files, the
| 13 |
| Disciplinary Board shall, in writing, make a determination
as | 14 |
| to whether there are sufficient facts to warrant further
| 15 |
| investigation or action. Failure to make such determination
| 16 |
| within the time provided shall be deemed to be a
determination | 17 |
| that there are not sufficient facts to warrant
further | 18 |
| investigation or action.
| 19 |
| Should the Disciplinary Board find that there are not
| 20 |
| sufficient facts to warrant further investigation, or
action, | 21 |
| the report shall be accepted for filing and the
matter shall be | 22 |
| deemed closed and so reported to the Secretary. The Secretary
| 23 |
| shall then have 30 days to accept the Medical Disciplinary | 24 |
| Board's decision or
request further investigation. The | 25 |
| Secretary shall inform the Board in writing
of the decision to | 26 |
| request further investigation, including the specific
reasons |
|
|
|
SB2800 Engrossed |
- 42 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| for the decision. The
individual or entity filing the original | 2 |
| report or complaint
and the person who is the subject of the | 3 |
| report or complaint
shall be notified in writing by the | 4 |
| Secretary of
any final action on their report or complaint.
| 5 |
| (F) Summary reports. The Disciplinary Board shall
prepare, | 6 |
| on a timely basis, but in no event less than once
every other | 7 |
| month, a summary report of final actions taken
upon | 8 |
| disciplinary files maintained by the Disciplinary Board.
The | 9 |
| summary reports shall be made available to the public upon | 10 |
| request and payment of the fees set by the Department. This | 11 |
| publication may be made available to the public on the | 12 |
| Department's Internet website.
| 13 |
| (G) Any violation of this Section shall be a Class A
| 14 |
| misdemeanor.
| 15 |
| (H) If any such person violates the provisions of this
| 16 |
| Section an action may be brought in the name of the People
of | 17 |
| the State of Illinois, through the Attorney General of
the | 18 |
| State of Illinois, for an order enjoining such violation
or for | 19 |
| an order enforcing compliance with this Section.
Upon filing of | 20 |
| a verified petition in such court, the court
may issue a | 21 |
| temporary restraining order without notice or
bond and may | 22 |
| preliminarily or permanently enjoin such
violation, and if it | 23 |
| is established that such person has
violated or is violating | 24 |
| the injunction, the court may
punish the offender for contempt | 25 |
| of court. Proceedings
under this paragraph shall be in addition | 26 |
| to, and not in
lieu of, all other remedies and penalties |
|
|
|
SB2800 Engrossed |
- 43 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| provided for by
this Section.
| 2 |
| (Source: P.A. 94-677, eff. 8-25-05; 95-639, eff. 10-5-07 .)
| 3 |
| (225 ILCS 60/26) (from Ch. 111, par. 4400-26)
| 4 |
| (Section scheduled to be repealed on December 31, 2010)
| 5 |
| Sec. 26. Advertising.
| 6 |
| (1) Any person licensed under this Act may
advertise the | 7 |
| availability of professional services in the
public media or on | 8 |
| the premises where such professional
services are rendered. | 9 |
| Such advertising shall be limited to
the following information:
| 10 |
| (a) Publication of the person's name, title, office
| 11 |
| hours, address and telephone number;
| 12 |
| (b) Information pertaining to the person's areas of
| 13 |
| specialization, including appropriate board certification | 14 |
| or
limitation of professional practice;
| 15 |
| (c) Information on usual and customary fees for
routine | 16 |
| professional services offered, which information
shall | 17 |
| include, notification that fees may be adjusted due to
| 18 |
| complications or unforeseen circumstances;
| 19 |
| (d) Announcement of the opening of, change of, absence
| 20 |
| from, or return to business;
| 21 |
| (e) Announcement of additions to or deletions from
| 22 |
| professional licensed staff;
| 23 |
| (f) The issuance of business or appointment cards.
| 24 |
| (2) It is unlawful for any person licensed under this Act
| 25 |
| to use testimonials or claims of superior quality of care to
|
|
|
|
SB2800 Engrossed |
- 44 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
| entice the public. It shall be unlawful to advertise fee
| 2 |
| comparisons of available services with those of other
persons | 3 |
| licensed under this Act.
| 4 |
| (3) This Act does not authorize the advertising of
| 5 |
| professional services which the offeror of such services is
not | 6 |
| licensed to render. Nor shall the advertiser use
statements | 7 |
| which contain false, fraudulent, deceptive or
misleading | 8 |
| material or guarantees of success, statements
which play upon | 9 |
| the vanity or fears of the public, or
statements which promote | 10 |
| or produce unfair competition.
| 11 |
| (4) A licensee shall include in every advertisement for | 12 |
| services regulated
under
this Act his or her title as it | 13 |
| appears on the license or the initials
authorized under this | 14 |
| Act.
| 15 |
| (Source: P.A. 91-310, eff. 1-1-00 .)
| 16 |
| (5 ILCS 80/4.20 rep.) | 17 |
| Section 15. The Regulatory Sunset Act is amended by | 18 |
| repealing Section 4.20.
| 19 |
| (225 ILCS 60/32 rep.)
| 20 |
| Section 90. The Medical Practice Act of 1987 is amended by | 21 |
| repealing Section 32.
| 22 |
| Section 99. Effective date. This Act takes effect on | 23 |
| December 30, 2010.
|
|
|
|
SB2800 Engrossed |
- 45 - |
LRB096 18358 ASK 33735 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 5 ILCS 80/4.31 new |
|
| 4 |
| 225 ILCS 60/7.5 |
|
| 5 |
| 225 ILCS 60/9 |
from Ch. 111, par. 4400-9 |
| 6 |
| 225 ILCS 60/18 |
from Ch. 111, par. 4400-18 |
| 7 |
| 225 ILCS 60/19 |
from Ch. 111, par. 4400-19 |
| 8 |
| 225 ILCS 60/22 |
from Ch. 111, par. 4400-22 |
| 9 |
| 225 ILCS 60/23 |
from Ch. 111, par. 4400-23 |
| 10 |
| 225 ILCS 60/26 |
from Ch. 111, par. 4400-26 |
| 11 |
| 5 ILCS 80/4.20 rep. |
|
| 12 |
| 225 ILCS 60/32 rep. |
|
| |
|