Full Text of HB1476 97th General Assembly
HB1476enr 97TH GENERAL ASSEMBLY |
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| 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 Medical Practice Act of 1987 is amended by | 5 | | changing Sections 23 and 36 as follows:
| 6 | | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| 7 | | (Section scheduled to be repealed on November 30, 2011)
| 8 | | (Text of Section WITH the changes made by P.A. 94-677, | 9 | | which has been held
unconstitutional, and by P.A. 96-1372, | 10 | | which amended language added by P.A. 94-677) | 11 | | Sec. 23. Reports relating to professional conduct
and | 12 | | capacity. | 13 | | (A) Entities required to report.
| 14 | | (1) Health care institutions. The chief administrator
| 15 | | or executive officer of any health care institution | 16 | | licensed
by the Illinois Department of Public Health shall | 17 | | report to
the Disciplinary Board when any person's clinical | 18 | | privileges
are terminated or are restricted based on a | 19 | | final
determination, in accordance with that institution's | 20 | | by-laws
or rules and regulations, that a person has either | 21 | | committed
an act or acts which may directly threaten | 22 | | patient care, and not of an
administrative nature, or that | 23 | | a person may be mentally or
physically disabled in such a |
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| 1 | | manner as to endanger patients
under that person's care. | 2 | | Such officer also shall report if
a person accepts | 3 | | voluntary termination or restriction of
clinical | 4 | | privileges in lieu of formal action based upon conduct | 5 | | related
directly to patient care and
not of an | 6 | | administrative nature, or in lieu of formal action
seeking | 7 | | to determine whether a person may be mentally or
physically | 8 | | disabled in such a manner as to endanger patients
under | 9 | | that person's care. The Medical Disciplinary Board
shall, | 10 | | by rule, provide for the reporting to it of all
instances | 11 | | in which a person, licensed under this Act, who is
impaired | 12 | | by reason of age, drug or alcohol abuse or physical
or | 13 | | mental impairment, is under supervision and, where
| 14 | | appropriate, is in a program of rehabilitation. Such
| 15 | | reports shall be strictly confidential and may be reviewed
| 16 | | and considered only by the members of the Disciplinary
| 17 | | Board, or by authorized staff as provided by rules of the
| 18 | | Disciplinary Board. Provisions shall be made for the
| 19 | | periodic report of the status of any such person not less
| 20 | | than twice annually in order that the Disciplinary Board
| 21 | | shall have current information upon which to determine the
| 22 | | status of any such person. Such initial and periodic
| 23 | | reports of impaired physicians shall not be considered
| 24 | | records within the meaning of The State Records Act and
| 25 | | shall be disposed of, following a determination by the
| 26 | | Disciplinary Board that such reports are no longer |
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| 1 | | required,
in a manner and at such time as the Disciplinary | 2 | | Board shall
determine by rule. The filing of such reports | 3 | | shall be
construed as the filing of a report for purposes | 4 | | of
subsection (C) of this Section.
| 5 | | (2) Professional associations. The President or chief
| 6 | | executive officer of any association or society, of persons
| 7 | | licensed under this Act, operating within this State shall
| 8 | | report to the Disciplinary Board when the association or
| 9 | | society renders a final determination that a person has
| 10 | | committed unprofessional conduct related directly to | 11 | | patient
care or that a person may be mentally or physically | 12 | | disabled
in such a manner as to endanger patients under | 13 | | that person's
care.
| 14 | | (3) Professional liability insurers. Every insurance
| 15 | | company which offers policies of professional liability
| 16 | | insurance to persons licensed under this Act, or any other
| 17 | | entity which seeks to indemnify the professional liability
| 18 | | of a person licensed under this Act, shall report to the
| 19 | | Disciplinary Board the settlement of any claim or cause of
| 20 | | action, or final judgment rendered in any cause of action,
| 21 | | which alleged negligence in the furnishing of medical care
| 22 | | by such licensed person when such settlement or final
| 23 | | judgment is in favor of the plaintiff.
| 24 | | (4) State's Attorneys. The State's Attorney of each
| 25 | | county shall report to the Disciplinary Board all instances
| 26 | | in which a person licensed under this Act is convicted or
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| 1 | | otherwise found guilty of the commission of any felony. The | 2 | | State's Attorney
of each county may report to the | 3 | | Disciplinary Board through a verified
complaint any | 4 | | instance in which the State's Attorney believes that a | 5 | | physician
has willfully violated the notice requirements | 6 | | of the Parental Notice of
Abortion Act of 1995.
| 7 | | (5) State agencies. All agencies, boards,
commissions, | 8 | | departments, or other instrumentalities of the
government | 9 | | of the State of Illinois shall report to the
Disciplinary | 10 | | Board any instance arising in connection with
the | 11 | | operations of such agency, including the administration
of | 12 | | any law by such agency, in which a person licensed under
| 13 | | this Act has either committed an act or acts which may be a
| 14 | | violation of this Act or which may constitute | 15 | | unprofessional
conduct related directly to patient care or | 16 | | which indicates
that a person licensed under this Act may | 17 | | be mentally or
physically disabled in such a manner as to | 18 | | endanger patients
under that person's care.
| 19 | | (B) Mandatory reporting. All reports required by items | 20 | | (34), (35), and
(36) of subsection (A) of Section 22 and by | 21 | | Section 23 shall be submitted to the Disciplinary Board in a | 22 | | timely
fashion. The reports shall be filed in writing within 60
| 23 | | days after a determination that a report is required under
this | 24 | | Act. All reports shall contain the following
information:
| 25 | | (1) The name, address and telephone number of the
| 26 | | person making the report.
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| 1 | | (2) The name, address and telephone number of the
| 2 | | person who is the subject of the report.
| 3 | | (3) The name and date of birth of any
patient or | 4 | | patients whose treatment is a subject of the
report, if | 5 | | available, or other means of identification if such | 6 | | information is not available, identification of the | 7 | | hospital or other
healthcare facility where the care at | 8 | | issue in the report was rendered,
provided, however, no | 9 | | medical records may be
revealed.
| 10 | | (4) A brief description of the facts which gave rise
to | 11 | | the issuance of the report, including the dates of any
| 12 | | occurrences deemed to necessitate the filing of the report.
| 13 | | (5) If court action is involved, the identity of the
| 14 | | court in which the action is filed, along with the docket
| 15 | | number and date of filing of the action.
| 16 | | (6) Any further pertinent information which the
| 17 | | reporting party deems to be an aid in the evaluation of the
| 18 | | report.
| 19 | | The Disciplinary Board or Department may also exercise the | 20 | | power under Section
38 of this Act to subpoena copies of | 21 | | hospital or medical records in mandatory
report cases alleging | 22 | | death or permanent bodily injury. Appropriate
rules shall be | 23 | | adopted by the Department with the approval of the Disciplinary
| 24 | | Board.
| 25 | | When the Department has received written reports | 26 | | concerning incidents
required to be reported in items (34), |
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| 1 | | (35), and (36) of subsection (A) of
Section 22, the licensee's | 2 | | failure to report the incident to the Department
under those | 3 | | items shall not be the sole grounds for disciplinary action.
| 4 | | Nothing contained in this Section shall act to in any
way, | 5 | | waive or modify the confidentiality of medical reports
and | 6 | | committee reports to the extent provided by law. Any
| 7 | | information reported or disclosed shall be kept for the
| 8 | | confidential use of the Disciplinary Board, the Medical
| 9 | | Coordinators, the Disciplinary Board's attorneys, the
medical | 10 | | investigative staff, and authorized clerical staff,
as | 11 | | provided in this Act, and shall be afforded the same
status as | 12 | | is provided information concerning medical studies
in Part 21 | 13 | | of Article VIII of the Code of Civil Procedure, except that the | 14 | | Department may disclose information and documents to a federal, | 15 | | State, or local law enforcement agency pursuant to a subpoena | 16 | | in an ongoing criminal investigation or to a health care | 17 | | licensing body of this State or another state or jurisdiction | 18 | | pursuant to an official request made by that licensing body. | 19 | | Furthermore, information and documents disclosed to a federal, | 20 | | State, or local law enforcement agency may be used by that | 21 | | agency only for the investigation and prosecution of a criminal | 22 | | offense, or, in the case of disclosure to a health care | 23 | | licensing body, only for investigations and disciplinary | 24 | | action proceedings with regard to a license. Information and | 25 | | documents disclosed to the Department of Public Health may be | 26 | | used by that Department only for investigation and disciplinary |
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| 1 | | action regarding the license of a health care institution | 2 | | licensed by the Department of Public Health.
| 3 | | (C) Immunity from prosecution. Any individual or
| 4 | | organization acting in good faith, and not in a wilful and
| 5 | | wanton manner, in complying with this Act by providing any
| 6 | | report or other information to the Disciplinary Board or a peer | 7 | | review committee, or
assisting in the investigation or | 8 | | preparation of such
information, or by voluntarily reporting to | 9 | | the Disciplinary Board
or a peer review committee information | 10 | | regarding alleged errors or negligence by a person licensed | 11 | | under this Act, or by participating in proceedings of the
| 12 | | Disciplinary Board or a peer review committee, or by serving as | 13 | | a member of the
Disciplinary Board or a peer review committee, | 14 | | shall not, as a result of such actions,
be subject to criminal | 15 | | prosecution or civil damages.
| 16 | | (D) Indemnification. Members of the Disciplinary
Board, | 17 | | the Medical Coordinators, the Disciplinary Board's
attorneys, | 18 | | the medical investigative staff, physicians
retained under | 19 | | contract to assist and advise the medical
coordinators in the | 20 | | investigation, and authorized clerical
staff shall be | 21 | | indemnified by the State for any actions
occurring within the | 22 | | scope of services on the Disciplinary
Board, done in good faith | 23 | | and not wilful and wanton in
nature. The Attorney General shall | 24 | | defend all such actions
unless he or she determines either that | 25 | | there would be a
conflict of interest in such representation or | 26 | | that the
actions complained of were not in good faith or were |
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| 1 | | wilful
and wanton.
| 2 | | Should the Attorney General decline representation, the
| 3 | | member shall have the right to employ counsel of his or her
| 4 | | choice, whose fees shall be provided by the State, after
| 5 | | approval by the Attorney General, unless there is a
| 6 | | determination by a court that the member's actions were not
in | 7 | | good faith or were wilful and wanton.
| 8 | | The member must notify the Attorney General within 7
days | 9 | | of receipt of notice of the initiation of any action
involving | 10 | | services of the Disciplinary Board. Failure to so
notify the | 11 | | Attorney General shall constitute an absolute
waiver of the | 12 | | right to a defense and indemnification.
| 13 | | The Attorney General shall determine within 7 days
after | 14 | | receiving such notice, whether he or she will
undertake to | 15 | | represent the member.
| 16 | | (E) Deliberations of Disciplinary Board. Upon the
receipt | 17 | | of any report called for by this Act, other than
those reports | 18 | | of impaired persons licensed under this Act
required pursuant | 19 | | to the rules of the Disciplinary Board,
the Disciplinary Board | 20 | | shall notify in writing, by certified
mail, the person who is | 21 | | the subject of the report. Such
notification shall be made | 22 | | within 30 days of receipt by the
Disciplinary Board of the | 23 | | report.
| 24 | | The notification shall include a written notice setting
| 25 | | forth the person's right to examine the report. Included in
| 26 | | such notification shall be the address at which the file is
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| 1 | | maintained, the name of the custodian of the reports, and
the | 2 | | telephone number at which the custodian may be reached.
The | 3 | | person who is the subject of the report shall submit a written | 4 | | statement responding,
clarifying, adding to, or proposing the | 5 | | amending of the
report previously filed. The person who is the | 6 | | subject of the report shall also submit with the written | 7 | | statement any medical records related to the report. The | 8 | | statement and accompanying medical records shall become a
| 9 | | permanent part of the file and must be received by the
| 10 | | Disciplinary Board no more than
30 days after the date on
which | 11 | | the person was notified by the Disciplinary Board of the | 12 | | existence of
the
original report.
| 13 | | The Disciplinary Board shall review all reports
received by | 14 | | it, together with any supporting information and
responding | 15 | | statements submitted by persons who are the
subject of reports. | 16 | | The review by the Disciplinary Board
shall be in a timely | 17 | | manner but in no event, shall the
Disciplinary Board's initial | 18 | | review of the material
contained in each disciplinary file be | 19 | | less than 61 days nor
more than 180 days after the receipt of | 20 | | the initial report
by the Disciplinary Board.
| 21 | | When the Disciplinary Board makes its initial review of
the | 22 | | materials contained within its disciplinary files, the
| 23 | | Disciplinary Board shall, in writing, make a determination
as | 24 | | to whether there are sufficient facts to warrant further
| 25 | | investigation or action. Failure to make such determination
| 26 | | within the time provided shall be deemed to be a
determination |
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| 1 | | that there are not sufficient facts to warrant
further | 2 | | investigation or action.
| 3 | | Should the Disciplinary Board find that there are not
| 4 | | sufficient facts to warrant further investigation, or
action, | 5 | | the report shall be accepted for filing and the
matter shall be | 6 | | deemed closed and so reported to the Secretary. The Secretary
| 7 | | shall then have 30 days to accept the Medical Disciplinary | 8 | | Board's decision or
request further investigation. The | 9 | | Secretary shall inform the Board in writing
of the decision to | 10 | | request further investigation, including the specific
reasons | 11 | | for the decision. The
individual or entity filing the original | 12 | | report or complaint
and the person who is the subject of the | 13 | | report or complaint
shall be notified in writing by the | 14 | | Secretary of
any final action on their report or complaint. The | 15 | | Department shall disclose to the individual or entity who filed | 16 | | the original report or complaint, on request, the status of the | 17 | | Disciplinary Board's review of a specific report or complaint. | 18 | | Such request may be made at any time, including prior to the | 19 | | Disciplinary Board's determination as to whether there are | 20 | | sufficient facts to warrant further investigation or action.
| 21 | | (F) Summary reports. The Disciplinary Board shall
prepare, | 22 | | on a timely basis, but in no event less than once
every other | 23 | | month, a summary report of final actions taken
upon | 24 | | disciplinary files maintained by the Disciplinary Board.
The | 25 | | summary reports shall be made available to the public upon | 26 | | request and payment of the fees set by the Department. This |
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| 1 | | publication may be made available to the public on the | 2 | | Department's Internet website.
| 3 | | (G) Any violation of this Section shall be a Class A
| 4 | | misdemeanor.
| 5 | | (H) If any such person violates the provisions of this
| 6 | | Section an action may be brought in the name of the People
of | 7 | | the State of Illinois, through the Attorney General of
the | 8 | | State of Illinois, for an order enjoining such violation
or for | 9 | | an order enforcing compliance with this Section.
Upon filing of | 10 | | a verified petition in such court, the court
may issue a | 11 | | temporary restraining order without notice or
bond and may | 12 | | preliminarily or permanently enjoin such
violation, and if it | 13 | | is established that such person has
violated or is violating | 14 | | the injunction, the court may
punish the offender for contempt | 15 | | of court. Proceedings
under this paragraph shall be in addition | 16 | | to, and not in
lieu of, all other remedies and penalties | 17 | | provided for by
this Section.
| 18 | | (Source: P.A. 94-677, eff. 8-25-05 ; 95-639, eff. 10-5-07; | 19 | | 96-1372, eff. 7-29-10.)
| 20 | | (Text of Section WITHOUT the changes made by P.A. 94-677, | 21 | | which has been held
unconstitutional, and by P.A. 96-1372, | 22 | | which amended language added by P.A. 94-677) | 23 | | Sec. 23. Reports relating to professional conduct
and | 24 | | capacity. | 25 | | (A) Entities required to report.
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| 1 | | (1) Health care institutions. The chief administrator
| 2 | | or executive officer of any health care institution | 3 | | licensed
by the Illinois Department of Public Health shall | 4 | | report to
the Disciplinary Board when any person's clinical | 5 | | privileges
are terminated or are restricted based on a | 6 | | final
determination, in accordance with that institution's | 7 | | by-laws
or rules and regulations, that a person has either | 8 | | committed
an act or acts which may directly threaten | 9 | | patient care, and not of an
administrative nature, or that | 10 | | a person may be mentally or
physically disabled in such a | 11 | | manner as to endanger patients
under that person's care. | 12 | | Such officer also shall report if
a person accepts | 13 | | voluntary termination or restriction of
clinical | 14 | | privileges in lieu of formal action based upon conduct | 15 | | related
directly to patient care and
not of an | 16 | | administrative nature, or in lieu of formal action
seeking | 17 | | to determine whether a person may be mentally or
physically | 18 | | disabled in such a manner as to endanger patients
under | 19 | | that person's care. The Medical Disciplinary Board
shall, | 20 | | by rule, provide for the reporting to it of all
instances | 21 | | in which a person, licensed under this Act, who is
impaired | 22 | | by reason of age, drug or alcohol abuse or physical
or | 23 | | mental impairment, is under supervision and, where
| 24 | | appropriate, is in a program of rehabilitation. Such
| 25 | | reports shall be strictly confidential and may be reviewed
| 26 | | and considered only by the members of the Disciplinary
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| 1 | | Board, or by authorized staff as provided by rules of the
| 2 | | Disciplinary Board. Provisions shall be made for the
| 3 | | periodic report of the status of any such person not less
| 4 | | than twice annually in order that the Disciplinary Board
| 5 | | shall have current information upon which to determine the
| 6 | | status of any such person. Such initial and periodic
| 7 | | reports of impaired physicians shall not be considered
| 8 | | records within the meaning of The State Records Act and
| 9 | | shall be disposed of, following a determination by the
| 10 | | Disciplinary Board that such reports are no longer | 11 | | required,
in a manner and at such time as the Disciplinary | 12 | | Board shall
determine by rule. The filing of such reports | 13 | | shall be
construed as the filing of a report for purposes | 14 | | of
subsection (C) of this Section.
| 15 | | (2) Professional associations. The President or chief
| 16 | | executive officer of any association or society, of persons
| 17 | | licensed under this Act, operating within this State shall
| 18 | | report to the Disciplinary Board when the association or
| 19 | | society renders a final determination that a person has
| 20 | | committed unprofessional conduct related directly to | 21 | | patient
care or that a person may be mentally or physically | 22 | | disabled
in such a manner as to endanger patients under | 23 | | that person's
care.
| 24 | | (3) Professional liability insurers. Every insurance
| 25 | | company which offers policies of professional liability
| 26 | | insurance to persons licensed under this Act, or any other
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| 1 | | entity which seeks to indemnify the professional liability
| 2 | | of a person licensed under this Act, shall report to the
| 3 | | Disciplinary Board the settlement of any claim or cause of
| 4 | | action, or final judgment rendered in any cause of action,
| 5 | | which alleged negligence in the furnishing of medical care
| 6 | | by such licensed person when such settlement or final
| 7 | | judgment is in favor of the plaintiff.
| 8 | | (4) State's Attorneys. The State's Attorney of each
| 9 | | county shall report to the Disciplinary Board all instances
| 10 | | in which a person licensed under this Act is convicted or
| 11 | | otherwise found guilty of the commission of any felony. The | 12 | | State's Attorney
of each county may report to the | 13 | | Disciplinary Board through a verified
complaint any | 14 | | instance in which the State's Attorney believes that a | 15 | | physician
has willfully violated the notice requirements | 16 | | of the Parental Notice of
Abortion Act of 1995.
| 17 | | (5) State agencies. All agencies, boards,
commissions, | 18 | | departments, or other instrumentalities of the
government | 19 | | of the State of Illinois shall report to the
Disciplinary | 20 | | Board any instance arising in connection with
the | 21 | | operations of such agency, including the administration
of | 22 | | any law by such agency, in which a person licensed under
| 23 | | this Act has either committed an act or acts which may be a
| 24 | | violation of this Act or which may constitute | 25 | | unprofessional
conduct related directly to patient care or | 26 | | which indicates
that a person licensed under this Act may |
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| 1 | | be mentally or
physically disabled in such a manner as to | 2 | | endanger patients
under that person's care.
| 3 | | (B) Mandatory reporting. All reports required by items | 4 | | (34), (35), and
(36) of subsection (A) of Section 22 and by | 5 | | Section 23 shall be submitted to the Disciplinary Board in a | 6 | | timely
fashion. The reports shall be filed in writing within 60
| 7 | | days after a determination that a report is required under
this | 8 | | Act. All reports shall contain the following
information:
| 9 | | (1) The name, address and telephone number of the
| 10 | | person making the report.
| 11 | | (2) The name, address and telephone number of the
| 12 | | person who is the subject of the report.
| 13 | | (3) The name or other means of identification of any
| 14 | | patient or patients whose treatment is a subject of the
| 15 | | report, provided, however, no medical records may be
| 16 | | revealed without the written consent of the patient or
| 17 | | patients.
| 18 | | (4) A brief description of the facts which gave rise
to | 19 | | the issuance of the report, including the dates of any
| 20 | | occurrences deemed to necessitate the filing of the report.
| 21 | | (5) If court action is involved, the identity of the
| 22 | | court in which the action is filed, along with the docket
| 23 | | number and date of filing of the action.
| 24 | | (6) Any further pertinent information which the
| 25 | | reporting party deems to be an aid in the evaluation of the
| 26 | | report.
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| 1 | | The Department shall have the right to inform patients of | 2 | | the right to
provide written consent for the Department to | 3 | | obtain copies of hospital and
medical records. The Disciplinary | 4 | | Board or Department may exercise the power under Section
38 of | 5 | | this Act to subpoena copies of hospital or medical records in | 6 | | mandatory
report cases alleging death or permanent bodily | 7 | | injury when consent to obtain
records is not provided by a | 8 | | patient or legal representative. Appropriate
rules shall be | 9 | | adopted by the Department with the approval of the Disciplinary
| 10 | | Board.
| 11 | | When the Department has received written reports | 12 | | concerning incidents
required to be reported in items (34), | 13 | | (35), and (36) of subsection (A) of
Section 22, the licensee's | 14 | | failure to report the incident to the Department
under those | 15 | | items shall not be the sole grounds for disciplinary action.
| 16 | | Nothing contained in this Section shall act to in any
way, | 17 | | waive or modify the confidentiality of medical reports
and | 18 | | committee reports to the extent provided by law. Any
| 19 | | information reported or disclosed shall be kept for the
| 20 | | confidential use of the Disciplinary Board, the Medical
| 21 | | Coordinators, the Disciplinary Board's attorneys, the
medical | 22 | | investigative staff, and authorized clerical staff,
as | 23 | | provided in this Act, and shall be afforded the same
status as | 24 | | is provided information concerning medical studies
in Part 21 | 25 | | of Article VIII of the Code of Civil Procedure.
| 26 | | (C) Immunity from prosecution. Any individual or
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| 1 | | organization acting in good faith, and not in a wilful and
| 2 | | wanton manner, in complying with this Act by providing any
| 3 | | report or other information to the Disciplinary Board, or
| 4 | | assisting in the investigation or preparation of such
| 5 | | information, or by participating in proceedings of the
| 6 | | Disciplinary Board, or by serving as a member of the
| 7 | | Disciplinary Board, shall not, as a result of such actions,
be | 8 | | subject to criminal prosecution or civil damages.
| 9 | | (D) Indemnification. Members of the Disciplinary
Board, | 10 | | the Medical Coordinators, the Disciplinary Board's
attorneys, | 11 | | the medical investigative staff, physicians
retained under | 12 | | contract to assist and advise the medical
coordinators in the | 13 | | investigation, and authorized clerical
staff shall be | 14 | | indemnified by the State for any actions
occurring within the | 15 | | scope of services on the Disciplinary
Board, done in good faith | 16 | | and not wilful and wanton in
nature. The Attorney General shall | 17 | | defend all such actions
unless he or she determines either that | 18 | | there would be a
conflict of interest in such representation or | 19 | | that the
actions complained of were not in good faith or were | 20 | | wilful
and wanton.
| 21 | | Should the Attorney General decline representation, the
| 22 | | member shall have the right to employ counsel of his or her
| 23 | | choice, whose fees shall be provided by the State, after
| 24 | | approval by the Attorney General, unless there is a
| 25 | | determination by a court that the member's actions were not
in | 26 | | good faith or were wilful and wanton.
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| 1 | | The member must notify the Attorney General within 7
days | 2 | | of receipt of notice of the initiation of any action
involving | 3 | | services of the Disciplinary Board. Failure to so
notify the | 4 | | Attorney General shall constitute an absolute
waiver of the | 5 | | right to a defense and indemnification.
| 6 | | The Attorney General shall determine within 7 days
after | 7 | | receiving such notice, whether he or she will
undertake to | 8 | | represent the member.
| 9 | | (E) Deliberations of Disciplinary Board. Upon the
receipt | 10 | | of any report called for by this Act, other than
those reports | 11 | | of impaired persons licensed under this Act
required pursuant | 12 | | to the rules of the Disciplinary Board,
the Disciplinary Board | 13 | | shall notify in writing, by certified
mail, the person who is | 14 | | the subject of the report. Such
notification shall be made | 15 | | within 30 days of receipt by the
Disciplinary Board of the | 16 | | report.
| 17 | | The notification shall include a written notice setting
| 18 | | forth the person's right to examine the report. Included in
| 19 | | such notification shall be the address at which the file is
| 20 | | maintained, the name of the custodian of the reports, and
the | 21 | | telephone number at which the custodian may be reached.
The | 22 | | person who is the subject of the report shall submit a written | 23 | | statement responding,
clarifying, adding to, or proposing the | 24 | | amending of the
report previously filed. The statement shall | 25 | | become a
permanent part of the file and must be received by the
| 26 | | Disciplinary Board no more than
60 days after the date on
which |
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| 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 Director. The Director
| 23 | | shall then have 30 days to accept the Medical Disciplinary | 24 | | Board's decision or
request further investigation. The | 25 | | Director shall inform the Board in writing
of the decision to | 26 | | request further investigation, including the specific
reasons |
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| 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 | | Director of
any final action on their report or complaint. The | 5 | | Department shall disclose to the individual or entity who filed | 6 | | the original report or complaint, on request, the status of the | 7 | | Disciplinary Board's review of a specific report or complaint. | 8 | | Such request may be made at any time, including prior to the | 9 | | Disciplinary Board's determination as to whether there are | 10 | | sufficient facts to warrant further investigation or action.
| 11 | | (F) Summary reports. The Disciplinary Board shall
prepare, | 12 | | on a timely basis, but in no event less than once
every other | 13 | | month, a summary report of final actions taken
upon | 14 | | disciplinary files maintained by the Disciplinary Board.
The | 15 | | summary reports shall be made available to the public upon | 16 | | request and payment of the fees set by the Department. This | 17 | | publication may be made available to the public on the | 18 | | Department's Internet website.
| 19 | | (G) Any violation of this Section shall be a Class A
| 20 | | misdemeanor.
| 21 | | (H) If any such person violates the provisions of this
| 22 | | Section an action may be brought in the name of the People
of | 23 | | the State of Illinois, through the Attorney General of
the | 24 | | State of Illinois, for an order enjoining such violation
or for | 25 | | an order enforcing compliance with this Section.
Upon filing of | 26 | | a verified petition in such court, the court
may issue a |
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| 1 | | temporary restraining order without notice or
bond and may | 2 | | preliminarily or permanently enjoin such
violation, and if it | 3 | | is established that such person has
violated or is violating | 4 | | the injunction, the court may
punish the offender for contempt | 5 | | of court. Proceedings
under this paragraph shall be in addition | 6 | | to, and not in
lieu of, all other remedies and penalties | 7 | | provided for by
this Section.
| 8 | | (Source: P.A. 95-639, eff. 10-5-07 .)
| 9 | | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| 10 | | (Section scheduled to be repealed on November 30, 2011)
| 11 | | (Text of Section WITH the changes made by P.A. 94-677, | 12 | | which has been held
unconstitutional, and by P.A. 96-1372, | 13 | | which amended language added by P.A. 94-677) | 14 | | Sec. 36. Upon the motion of either the Department
or the | 15 | | Disciplinary Board or upon the verified complaint in
writing of | 16 | | any person setting forth facts which, if proven,
would | 17 | | constitute grounds for suspension or revocation under
Section | 18 | | 22 of this Act, the Department shall investigate the
actions of | 19 | | any person, so accused, who holds or represents
that they hold | 20 | | a license. Such person is hereinafter called
the accused.
| 21 | | The Department shall, before suspending, revoking,
placing | 22 | | on probationary status, or taking any other
disciplinary action | 23 | | as the Department may deem proper with
regard to any license at | 24 | | least 30 days prior to the date set
for the hearing, notify the | 25 | | accused in writing of any
charges made and the time and place |
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| 1 | | for a hearing of the
charges before the Disciplinary Board, | 2 | | direct them to file
their written answer thereto to the | 3 | | Disciplinary Board under
oath within 20 days after the service | 4 | | on them of such notice
and inform them that if they fail to | 5 | | file such answer
default will be taken against them and their | 6 | | license may be
suspended, revoked, placed on probationary | 7 | | status, or have
other disciplinary action, including limiting | 8 | | the scope,
nature or extent of their practice, as the | 9 | | Department may
deem proper taken with regard thereto. The | 10 | | Department shall, at least 14 days prior to the date set for | 11 | | the hearing, notify in writing any person who filed a complaint | 12 | | against the accused of the time and place for the hearing of | 13 | | the charges against the accused before the Disciplinary Board | 14 | | and inform such person whether he or she may provide testimony | 15 | | at the hearing.
| 16 | | Where a physician has been found, upon complaint and
| 17 | | investigation of the Department, and after hearing, to have
| 18 | | performed an abortion procedure in a wilful and wanton
manner | 19 | | upon a woman who was not pregnant at the time such
abortion | 20 | | procedure was performed, the Department shall
automatically | 21 | | revoke the license of such physician to
practice medicine in | 22 | | Illinois.
| 23 | | Such written notice and any notice in such proceedings
| 24 | | thereafter may be served by delivery of the same,
personally, | 25 | | to the accused person, or by mailing the same by
registered or | 26 | | certified mail to the address last theretofore
specified by the |
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| 1 | | accused in their last notification to the
Department.
| 2 | | All information gathered by the Department during its | 3 | | investigation
including information subpoenaed
under Section | 4 | | 23 or 38 of this Act and the investigative file shall be kept | 5 | | for
the confidential use of the Secretary, Disciplinary Board, | 6 | | the Medical
Coordinators, persons employed by contract to | 7 | | advise the Medical Coordinator or
the Department, the
| 8 | | Disciplinary Board's attorneys, the medical investigative | 9 | | staff, and authorized
clerical staff, as provided in this Act | 10 | | and shall be afforded the same status
as is provided | 11 | | information concerning medical studies in Part 21 of Article
| 12 | | VIII of the Code of Civil Procedure, except that the Department | 13 | | may disclose information and documents to a federal, State, or | 14 | | local law enforcement agency pursuant to a subpoena in an | 15 | | ongoing criminal investigation to a health care licensing body | 16 | | of this State or another state or jurisdiction pursuant to an | 17 | | official request made by that licensing body. Furthermore, | 18 | | information and documents disclosed to a federal, State, or | 19 | | local law enforcement agency may be used by that agency only | 20 | | for the investigation and prosecution of a criminal offense or, | 21 | | in the case of disclosure to a health care licensing body, only | 22 | | for investigations and disciplinary action proceedings with | 23 | | regard to a license issued by that licensing body.
| 24 | | (Source: P.A. 94-677, eff. 8-25-05 ; 96-1372, eff. 7-29-10.)
| 25 | | (Text of Section WITHOUT the changes made by P.A. 94-677, |
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| 1 | | which has been held
unconstitutional, and by P.A. 96-1372, | 2 | | which amended language added by P.A. 94-677) | 3 | | Sec. 36. Upon the motion of either the Department
or the | 4 | | Disciplinary Board or upon the verified complaint in
writing of | 5 | | any person setting forth facts which, if proven,
would | 6 | | constitute grounds for suspension or revocation under
Section | 7 | | 22 of this Act, the Department shall investigate the
actions of | 8 | | any person, so accused, who holds or represents
that they hold | 9 | | a license. Such person is hereinafter called
the accused.
| 10 | | The Department shall, before suspending, revoking,
placing | 11 | | on probationary status, or taking any other
disciplinary action | 12 | | as the Department may deem proper with
regard to any license at | 13 | | least 30 days prior to the date set
for the hearing, notify the | 14 | | accused in writing of any
charges made and the time and place | 15 | | for a hearing of the
charges before the Disciplinary Board, | 16 | | direct them to file
their written answer thereto to the | 17 | | Disciplinary Board under
oath within 20 days after the service | 18 | | on them of such notice
and inform them that if they fail to | 19 | | file such answer
default will be taken against them and their | 20 | | license may be
suspended, revoked, placed on probationary | 21 | | status, or have
other disciplinary action, including limiting | 22 | | the scope,
nature or extent of their practice, as the | 23 | | Department may
deem proper taken with regard thereto. The | 24 | | Department shall, at least 14 days prior to the date set for | 25 | | the hearing, notify in writing any person who filed a complaint | 26 | | against the accused of the time and place for the hearing of |
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| 1 | | the charges against the accused before the Disciplinary Board | 2 | | and inform such person whether he or she may provide testimony | 3 | | at the hearing.
| 4 | | Where a physician has been found, upon complaint and
| 5 | | investigation of the Department, and after hearing, to have
| 6 | | performed an abortion procedure in a wilful and wanton
manner | 7 | | upon a woman who was not pregnant at the time such
abortion | 8 | | procedure was performed, the Department shall
automatically | 9 | | revoke the license of such physician to
practice medicine in | 10 | | Illinois.
| 11 | | Such written notice and any notice in such proceedings
| 12 | | thereafter may be served by delivery of the same,
personally, | 13 | | to the accused person, or by mailing the same by
registered or | 14 | | certified mail to the address last theretofore
specified by the | 15 | | accused in their last notification to the
Department.
| 16 | | All information gathered by the Department during its | 17 | | investigation
including information subpoenaed
under Section | 18 | | 23 or 38 of this Act and the investigative file shall be kept | 19 | | for
the confidential use of the Director, Disciplinary Board, | 20 | | the Medical
Coordinators, persons employed by contract to | 21 | | advise the Medical Coordinator or
the Department, the
| 22 | | Disciplinary Board's attorneys, the medical investigative | 23 | | staff, and authorized
clerical staff, as provided in this Act | 24 | | and shall be afforded the same status
as is provided | 25 | | information concerning medical studies in Part 21 of Article
| 26 | | VIII of the Code of Civil Procedure.
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| 1 | | (Source: P.A. 90-699, eff. 1-1-99 .)
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