Full Text of SB0345 99th General Assembly
SB0345sam001 99TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 345
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 345 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the Treatment | 5 | | Considerations and Rights for Persons Diagnosed with Autism and | 6 | | Co-Occurring Medical Conditions Act. | 7 | | Section 5. Findings. The General Assembly finds the | 8 | | following: | 9 | | (1) The medical consensus is that autism is an | 10 | | ideopathic disease that has complex and multiple | 11 | | etiologies. The development of autism appears to be a | 12 | | complex interaction of multiple genetic and environmental | 13 | | factors. Both the prevalence and incidence of autism has | 14 | | risen in recent decades. | 15 | | (2) The Centers for Disease Control estimates that one | 16 | | in 68 children born in 2002 and one in 42 boys have been |
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| 1 | | identified with autism. | 2 | | (3) A 2012 survey conducted by the Centers for Disease | 3 | | Control of U.S. households estimated one in 50 children | 4 | | ages 6 to 17 has an autism spectrum disorder. | 5 | | (4) Autism spectrum disorders occur among all racial, | 6 | | ethnic, and socioeconomic groups. | 7 | | (5) Autism spectrum disorders are almost 5 times more | 8 | | common among boys than among girls. | 9 | | (6) According to the Centers for Disease Control, | 10 | | autism rates increased 78% between 2002 and 2008. The most | 11 | | recent estimate is roughly 30% higher than the estimate for | 12 | | 2008 (one in 88), 60% higher than the estimate for 2006 | 13 | | (one in 110), and 120% higher than the estimates for 2000 | 14 | | and 2002 (one in 150). | 15 | | (7) While autism spectrum disorders have primarily | 16 | | been diagnosed in measuring deficits in the areas of | 17 | | communication, socialization, and behavior, recent | 18 | | clinical and scientific investigations have determined | 19 | | that co-occurring pathophysiological conditions may occur | 20 | | more commonly in persons also diagnosed with autism, the | 21 | | symptoms of which may be overlooked and mistaken as | 22 | | behavioral.
These pathologies include, but are not limited | 23 | | to, allergies, autoimmune conditions, gastrointestinal | 24 | | diseases, immune dysregulation, metabolic disturbances, | 25 | | mitochondrial abnormalities, oxidative stress, | 26 | | neuroinflammation, and seizure disorders. |
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| 1 | | (8) Scientific inquiry is providing evidence of | 2 | | biological markers, including, but not limited to, single | 3 | | nucleotide polymorphisms, indications of cellular | 4 | | inflammation, increased cellular oxidation and damage, and | 5 | | abnormal DNA methylation, that may be clinically | 6 | | significant in the provision of appropriate medical care | 7 | | for persons also diagnosed with an autism spectrum | 8 | | disorder. | 9 | | Therefore, it is the intention of the General Assembly to | 10 | | promote a greater awareness and the detection, diagnosis, and | 11 | | treatment of underlying and co-occurring medical conditions | 12 | | that occur more commonly in persons with autism to further | 13 | | awareness, scientific understanding, and health outcomes for | 14 | | persons living with autism. | 15 | | Public and private partnerships elucidating the discovery | 16 | | of biomarkers and their implications in pathophysiological | 17 | | conditions shall be encouraged and information derived from | 18 | | such discoveries shall be disseminated to medical | 19 | | professionals and made available to the general public through | 20 | | research initiatives that may be promoted by universities, | 21 | | medical clinics, health care providers, consortiums, State | 22 | | agencies, private and public organizations, and any party that | 23 | | may contribute to the scientific understanding of medical | 24 | | conditions associated or occurring more often in persons also | 25 | | diagnosed with an autism spectrum disorder than in the general | 26 | | population. |
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| 1 | | Section 10. The Illinois Insurance Code is amended by | 2 | | changing Section 356z.14 and by adding Section 356z.24 as | 3 | | follows: | 4 | | (215 ILCS 5/356z.14) | 5 | | Sec. 356z.14. Autism spectrum disorders. | 6 | | (a) A group or individual policy of accident and health | 7 | | insurance or managed care plan amended, delivered, issued, or | 8 | | renewed after the effective date of this amendatory Act of the | 9 | | 95th General Assembly must provide individuals under 21 years | 10 | | of age coverage for the diagnosis of autism spectrum disorders | 11 | | and for the treatment of autism spectrum disorders to the | 12 | | extent that the diagnosis and treatment of autism spectrum | 13 | | disorders are not already covered by the policy of accident and | 14 | | health insurance or managed care plan. | 15 | | (b) Coverage provided under this Section shall be subject | 16 | | to a maximum benefit of $36,000 per year, but shall not be | 17 | | subject to any limits on the number of visits to a service | 18 | | provider. After December 30, 2009, the Director of the Division | 19 | | of Insurance shall, on an annual basis, adjust the maximum | 20 | | benefit for inflation using the Medical Care Component of the | 21 | | United States Department of Labor Consumer Price Index for All | 22 | | Urban Consumers. Payments made by an insurer on behalf of a | 23 | | covered individual for any care, treatment, intervention, | 24 | | service, or item, the provision of which was for the treatment |
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| 1 | | of a health condition not diagnosed as an autism spectrum | 2 | | disorder, shall not be applied toward any maximum benefit | 3 | | established under this subsection. | 4 | | (c) Coverage under this Section shall be subject to | 5 | | copayment, deductible, and coinsurance provisions of a policy | 6 | | of accident and health insurance or managed care plan to the | 7 | | extent that other medical services covered by the policy of | 8 | | accident and health insurance or managed care plan are subject | 9 | | to these provisions. | 10 | | (d) This Section shall not be construed as limiting | 11 | | benefits that are otherwise available to an individual under a | 12 | | policy of accident and health insurance or managed care plan | 13 | | and benefits provided under this Section may not be subject to | 14 | | dollar limits, deductibles, copayments, or coinsurance | 15 | | provisions that are less favorable to the insured than the | 16 | | dollar limits, deductibles, or coinsurance provisions that | 17 | | apply to physical illness generally. | 18 | | (e) An insurer may not deny or refuse to provide otherwise | 19 | | covered services, or refuse to renew, refuse to reissue, or | 20 | | otherwise terminate or restrict coverage under an individual | 21 | | contract to provide services to an individual because the | 22 | | individual or their dependent is diagnosed with an autism | 23 | | spectrum disorder or due to the individual utilizing benefits | 24 | | in this Section. | 25 | | (f) Upon request of the reimbursing insurer, a provider of | 26 | | treatment for autism spectrum disorders shall furnish medical |
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| 1 | | records, clinical notes, or other necessary data that | 2 | | substantiate that initial or continued medical treatment is | 3 | | medically necessary and is resulting in improved clinical | 4 | | status. When treatment is anticipated to require continued | 5 | | services to achieve demonstrable progress, the insurer may | 6 | | request a treatment plan consisting of diagnosis, proposed | 7 | | treatment by type, frequency, anticipated duration of | 8 | | treatment, the anticipated outcomes stated as goals, and the | 9 | | frequency by which the treatment plan will be updated. | 10 | | (g) When making a determination of medical necessity for a | 11 | | treatment modality for autism spectrum disorders, an insurer | 12 | | must make the determination in a manner that is consistent with | 13 | | the manner used to make that determination with respect to | 14 | | other diseases or illnesses covered under the policy, including | 15 | | an appeals process. During the appeals process, any challenge | 16 | | to medical necessity must be viewed as reasonable only if the | 17 | | review includes a physician with expertise in the most current | 18 | | and effective treatment modalities for autism spectrum | 19 | | disorders. | 20 | | (h) Coverage for medically necessary early intervention | 21 | | services must be delivered by certified early intervention | 22 | | specialists, as defined in 89 Ill. Admin. Code 500 and any | 23 | | subsequent amendments thereto. | 24 | | (h-5) If an individual has been diagnosed as having an | 25 | | autism spectrum disorder, meeting the diagnostic criteria in | 26 | | place at the time of diagnosis, and treatment is determined |
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| 1 | | medically necessary, then that individual shall remain | 2 | | eligible for coverage under this Section even if subsequent | 3 | | changes to the diagnostic criteria are adopted by the American | 4 | | Psychiatric Association. If no changes to the diagnostic | 5 | | criteria are adopted after April 1, 2012, and before December | 6 | | 31, 2014, then this subsection (h-5) shall be of no further | 7 | | force and effect. | 8 | | (h-10) An insurer may not deny or refuse to provide | 9 | | otherwise covered services, or refuse to renew, refuse to | 10 | | reissue, or otherwise terminate or restrict coverage under an | 11 | | individual contract, for a person diagnosed with an autism | 12 | | spectrum disorder because a health care provider has determined | 13 | | that a medication, or any ingredient, allergen, potential | 14 | | toxicant, or agent, may exacerbate clinical symptomatology and | 15 | | is medically contraindicated for the patient. For the purposes | 16 | | of this subsection (h-10), "clinical symptomatology" means any | 17 | | indication of disorder or disease when experienced by an | 18 | | individual as a change from normal function, sensation, or | 19 | | appearance. | 20 | | (i) As used in this Section: | 21 | | "Autism spectrum disorders" means pervasive developmental | 22 | | disorders as defined in the most recent edition of the | 23 | | Diagnostic and Statistical Manual of Mental Disorders, | 24 | | including autism, Asperger's disorder, and pervasive | 25 | | developmental disorder not otherwise specified. | 26 | | "Diagnosis of autism spectrum disorders" means one or more |
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| 1 | | tests, evaluations, or assessments to diagnose whether an | 2 | | individual has autism spectrum disorder that is prescribed, | 3 | | performed, or ordered by (A) a physician licensed to practice | 4 | | medicine in all its branches or (B) a licensed clinical | 5 | | psychologist with expertise in diagnosing autism spectrum | 6 | | disorders. | 7 | | "Medically necessary" means any care, treatment, | 8 | | intervention, service or item which will or is reasonably | 9 | | expected to do any of the following: (i) prevent the onset of | 10 | | an illness, condition, injury, disease or disability; (ii) | 11 | | reduce or ameliorate the physical, mental or developmental | 12 | | effects of an illness, condition, injury, disease or | 13 | | disability; or (iii) assist to achieve or maintain maximum | 14 | | functional activity in performing daily activities. | 15 | | "Treatment for autism spectrum disorders" shall include | 16 | | the following care prescribed, provided, or ordered for an | 17 | | individual diagnosed with an autism spectrum disorder by (A) a | 18 | | physician licensed to practice medicine in all its branches or | 19 | | (B) a certified, registered, or licensed health care | 20 | | professional with expertise in treating effects of autism | 21 | | spectrum disorders when the care is determined to be medically | 22 | | necessary and ordered by a physician licensed to practice | 23 | | medicine in all its branches: | 24 | | (1) Psychiatric care, meaning direct, consultative, or | 25 | | diagnostic services provided by a licensed psychiatrist. | 26 | | (2) Psychological care, meaning direct or consultative |
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| 1 | | services provided by a licensed psychologist. | 2 | | (3) Habilitative or rehabilitative care, meaning | 3 | | professional, counseling, and guidance services and | 4 | | treatment programs, including applied behavior analysis, | 5 | | that are intended to develop, maintain, and restore the | 6 | | functioning of an individual. As used in this subsection | 7 | | (i), "applied behavior analysis" means the design, | 8 | | implementation, and evaluation of environmental | 9 | | modifications using behavioral stimuli and consequences to | 10 | | produce socially significant improvement in human | 11 | | behavior, including the use of direct observation, | 12 | | measurement, and functional analysis of the relations | 13 | | between environment and behavior. | 14 | | (4) Therapeutic care, including behavioral, speech, | 15 | | occupational, and physical therapies that provide | 16 | | treatment in the following areas: (i) self care and | 17 | | feeding, (ii) pragmatic, receptive, and expressive | 18 | | language, (iii) cognitive functioning, (iv) applied | 19 | | behavior analysis, intervention, and modification, (v) | 20 | | motor planning, and (vi) sensory processing. | 21 | | (j) Rulemaking authority to implement this amendatory Act | 22 | | of the 95th General Assembly, if any, is conditioned on the | 23 | | rules being adopted in accordance with all provisions of the | 24 | | Illinois Administrative Procedure Act and all rules and | 25 | | procedures of the Joint Committee on Administrative Rules; any | 26 | | purported rule not so adopted, for whatever reason, is |
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| 1 | | unauthorized.
| 2 | | (Source: P.A. 96-1000, eff. 7-2-10; 97-972, eff. 1-1-13.) | 3 | | (215 ILCS 5/356z.24 new) | 4 | | Sec. 356z.24. Immune gamma globulin therapy. | 5 | | (a) A group or individual policy of accident and health | 6 | | insurance or managed care plan amended, delivered, issued, or | 7 | | renewed after the effective date of this amendatory Act of the | 8 | | 99th General Assembly may not allow for the delay, | 9 | | discontinuation, or interruption of immune gamma globulin | 10 | | therapy for persons who are diagnosed with a primary | 11 | | immunodeficiency when prescribed immune gamma globulin therapy | 12 | | by a physician licensed to practice medicine in all of its | 13 | | branches. | 14 | | Immune gamma globulin therapy is intended for continuous | 15 | | replacement therapy for primary immunodeficiency and may be | 16 | | delivered through intravenous immunoglobulin or subcutaneous | 17 | | immunoglobulin. Immune gamma globulin therapy improves | 18 | | livelihood, preserves organ function, increases life span, and | 19 | | is lifesaving. Administration of immune gamma globulin therapy | 20 | | shall not be delayed or interrupted once a diagnosis is | 21 | | established. | 22 | | For the purposes of this Section, delay, interruption, or | 23 | | discontinuation of therapy means interfering with treatment as | 24 | | prescribed by the licensed physician by altering the prescribed | 25 | | dose, frequency, route, venue, product, or administration, |
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| 1 | | which is determined by the physician based on patient | 2 | | tolerability, individual patient characteristics, needs, and | 3 | | clinical response. Immune gamma globulin is a human plasma | 4 | | product regulated by the United States Food and Drug | 5 | | Administration. No generic immune gamma globulin product | 6 | | exists. Patients diagnosed with primary immunodeficiency may | 7 | | have varying clinical responses to a prescribed drug, including | 8 | | those that may qualify as a medical contraindication. | 9 | | Therefore, product interchangeability not authorized by a | 10 | | prescribing physician is prohibited. | 11 | | (b) Upon the diagnosis of primary immunodeficiency by the | 12 | | prescribing physician, authorization or reauthorization by | 13 | | insurers of immune gamma globulin therapy shall be expedited by | 14 | | insurers. Due to the potential lifesaving necessity of immune | 15 | | gamma globulin, determination of authorization or | 16 | | reauthorization may not take more than 4 weeks and | 17 | | reauthorization may not be required more frequently than every | 18 | | 12 months. | 19 | | Since immune gamma globulin therapy is intended for | 20 | | continuous replacement of antibodies, once a diagnosis of | 21 | | primary immunodeficiency is made, the previous diagnosis and | 22 | | current clinical judgment of the prescribing physician shall be | 23 | | sufficient for renewed authorization or authorization for | 24 | | continuation of care if the patient requires new authorization | 25 | | due to change in insurers. | 26 | | (c) Review of a patient's clinical history for meaningful |
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| 1 | | infections and the available laboratory findings, genetic | 2 | | findings, and imaging studies, along with physical evidence of | 3 | | end-organ damage from recurrent infections and the favorable | 4 | | effect of immune gamma globulin replacement on clinical course | 5 | | and the treating physician's clinical judgment is sufficient to | 6 | | validate an antibody deficiency diagnosis. Trough levels of | 7 | | antibodies and normal immune globulin levels shall be used by | 8 | | clinicians to monitor treatment and shall not be used to | 9 | | discontinue or otherwise deny coverage of immune gamma globulin | 10 | | therapy for a patient determined by a physician to have a | 11 | | primary immunodeficiency. | 12 | | (d) Any standards, policies, provisions, or practices by | 13 | | insurers that require a person who is diagnosed with a primary | 14 | | immunodeficiency to delay, discontinue, or interrupt immune | 15 | | gamma globulin therapy and could result in a potentially life | 16 | | threatening situation are prohibited when prescribed by a | 17 | | physician licensed to practice medicine in all its branches.
| 18 | | Section 15. The Medical Practice Act of 1987 is amended by | 19 | | changing Sections 2, 20, and 22 and by adding Section 33.5 as | 20 | | follows:
| 21 | | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
| 22 | | (Section scheduled to be repealed on December 31, 2016)
| 23 | | Sec. 2. Definitions. For purposes of this Act, the
| 24 | | following definitions shall have the following meanings,
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| 1 | | except where the context requires otherwise:
| 2 | | "Act" means the Medical Practice Act of 1987.
| 3 | | "Address of record" means the designated address recorded | 4 | | by the Department in the applicant's or licensee's application | 5 | | file or license file as maintained by the Department's | 6 | | licensure maintenance unit. It is the duty of the applicant or | 7 | | licensee to inform the Department of any change of address and | 8 | | those changes must be made either through the Department's | 9 | | website or by contacting the Department. | 10 | | "Autism spectrum disorder" means a neurobiological | 11 | | disorder, including autism, regressive autism, Asperger | 12 | | Syndrome, and pervasive developmental disorders not otherwise | 13 | | specified (PDD-NOS). | 14 | | "Chiropractic physician" means a person licensed to treat | 15 | | human ailments without the use of drugs and without operative | 16 | | surgery. Nothing in this Act shall be construed to prohibit a | 17 | | chiropractic physician from providing advice regarding the use | 18 | | of non-prescription products or from administering atmospheric | 19 | | oxygen. Nothing in this Act shall be construed to authorize a | 20 | | chiropractic physician to prescribe drugs. | 21 | | "Clinical symptomatology" means any indication of disorder | 22 | | or disease when experienced by an individual as a change from | 23 | | normal function, sensation, or appearance. | 24 | | "Co-occurring or otherwise diagnosed medical condition" | 25 | | means a simultaneous illness, condition, injury, disease, | 26 | | pathology, or disability that is not primarily diagnosed as an |
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| 1 | | autism spectrum disorder. | 2 | | "Department" means the Department of Financial and | 3 | | Professional Regulation.
| 4 | | "Disciplinary Action" means revocation,
suspension, | 5 | | probation, supervision, practice modification,
reprimand, | 6 | | required education, fines or any other action
taken by the | 7 | | Department against a person holding a license.
| 8 | | "Disciplinary Board" means the Medical Disciplinary
Board.
| 9 | | "Final Determination" means the governing body's
final | 10 | | action taken under the procedure followed by a health
care | 11 | | institution, or professional association or society,
against | 12 | | any person licensed under the Act in accordance with
the bylaws | 13 | | or rules and regulations of such health care
institution, or | 14 | | professional association or society.
| 15 | | "Fund" means the Medical Disciplinary Fund.
| 16 | | "Impaired" means the inability to practice
medicine with | 17 | | reasonable skill and safety due to physical or
mental | 18 | | disabilities as evidenced by a written determination
or written | 19 | | consent based on clinical evidence including
deterioration | 20 | | through the aging process or loss of motor
skill, or abuse of | 21 | | drugs or alcohol, of sufficient degree to
diminish a person's | 22 | | ability to deliver competent patient
care.
| 23 | | "Licensing Board" means the Medical Licensing Board.
| 24 | | "Medically necessary treatment" means any care, treatment, | 25 | | intervention, service, or item that will or is reasonably | 26 | | expected to do any of the following: (i) prevent the onset of |
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| 1 | | an illness, condition, injury, disease, or disability; (ii) | 2 | | reduce or ameliorate the physical, mental, or developmental | 3 | | effects of an illness, condition, injury, disease, or | 4 | | disability; or (iii) assist to achieve or maintain maximum | 5 | | functional activity in performing daily activities. | 6 | | "Pathophysiological" means the functional alterations in | 7 | | the body related to a disease or syndrome. | 8 | | "Physician" means a person licensed under the
Medical | 9 | | Practice Act to practice medicine in all of its
branches or a | 10 | | chiropractic physician.
| 11 | | "Professional Association" means an association or
society | 12 | | of persons licensed under this Act, and operating
within the | 13 | | State of Illinois, including but not limited to,
medical | 14 | | societies, osteopathic organizations, and
chiropractic | 15 | | organizations, but this term shall not be
deemed to include | 16 | | hospital medical staffs.
| 17 | | "Program of Care, Counseling, or Treatment" means
a written | 18 | | schedule of organized treatment, care, counseling,
activities, | 19 | | or education, satisfactory to the Disciplinary
Board, designed | 20 | | for the purpose of restoring an impaired
person to a condition | 21 | | whereby the impaired person can
practice medicine with | 22 | | reasonable skill and safety of a
sufficient degree to deliver | 23 | | competent patient care.
| 24 | | "Reinstate" means to change the status of a license from | 25 | | inactive or nonrenewed status to active status. | 26 | | "Restore" means to remove an encumbrance from a license due |
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| 1 | | to probation, suspension, or revocation. | 2 | | "Secretary" means the Secretary of the Department of | 3 | | Financial and Professional Regulation. | 4 | | (Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11; | 5 | | 98-1140, eff. 12-30-14 .)
| 6 | | (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
| 7 | | (Section scheduled to be repealed on December 31, 2016)
| 8 | | Sec. 20. Continuing education. The Department shall | 9 | | promulgate
rules of continuing education for persons licensed | 10 | | under
this Act that require an average of 50 hours of
| 11 | | continuing education per license year. These rules
shall be | 12 | | consistent with
requirements of relevant professional | 13 | | associations, specialty
societies, or boards. The rules shall | 14 | | also address variances in part or in
whole for good cause, | 15 | | including, but not limited to, temporary illness
or
hardship. | 16 | | In establishing these rules, the
Department shall consider | 17 | | educational requirements for
medical staffs, requirements for | 18 | | specialty society board
certification or for continuing | 19 | | education requirements as a
condition of membership in | 20 | | societies representing the 2
categories of licensee under this | 21 | | Act. These rules shall
assure that licensees are given the | 22 | | opportunity to
participate in those programs sponsored by or | 23 | | through their
professional associations or hospitals which are | 24 | | relevant to
their practice. Each licensee is responsible for | 25 | | maintaining records of
completion of continuing education and |
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| 1 | | shall be prepared to produce the
records when requested by the | 2 | | Department.
| 3 | | Physicians who treat persons with autism spectrum | 4 | | disorders are encouraged to obtain continuing education | 5 | | credits that address training in evaluation, diagnosis, and | 6 | | treatments for co-occurring and otherwise diagnosed | 7 | | pathophysiological conditions in autism spectrum disorders to | 8 | | promote and align standard of care practices to reflect | 9 | | emerging clinical findings and promising practices derived | 10 | | from improved patient outcomes. | 11 | | (Source: P.A. 97-622, eff. 11-23-11 .)
| 12 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 13 | | (Section scheduled to be repealed on December 31, 2016)
| 14 | | Sec. 22. Disciplinary action.
| 15 | | (A) The Department may revoke, suspend, place on probation, | 16 | | reprimand, refuse to issue or renew, or take any other | 17 | | disciplinary or non-disciplinary action as the Department may | 18 | | deem proper
with regard to the license or permit of any person | 19 | | issued
under this Act, including imposing fines not to exceed | 20 | | $10,000 for each violation, upon any of the following grounds:
| 21 | | (1) Performance of an elective abortion in any place, | 22 | | locale,
facility, or
institution other than:
| 23 | | (a) a facility licensed pursuant to the Ambulatory | 24 | | Surgical Treatment
Center Act;
| 25 | | (b) an institution licensed under the Hospital |
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| 1 | | Licensing Act;
| 2 | | (c) an ambulatory surgical treatment center or | 3 | | hospitalization or care
facility maintained by the | 4 | | State or any agency thereof, where such department
or | 5 | | agency has authority under law to establish and enforce | 6 | | standards for the
ambulatory surgical treatment | 7 | | centers, hospitalization, or care facilities
under its | 8 | | management and control;
| 9 | | (d) ambulatory surgical treatment centers, | 10 | | hospitalization or care
facilities maintained by the | 11 | | Federal Government; or
| 12 | | (e) ambulatory surgical treatment centers, | 13 | | hospitalization or care
facilities maintained by any | 14 | | university or college established under the laws
of | 15 | | this State and supported principally by public funds | 16 | | raised by
taxation.
| 17 | | (2) Performance of an abortion procedure in a wilful | 18 | | and wanton
manner on a
woman who was not pregnant at the | 19 | | time the abortion procedure was
performed.
| 20 | | (3) A plea of guilty or nolo contendere, finding of | 21 | | guilt, jury verdict, or entry of judgment or sentencing, | 22 | | including, but not limited to, convictions, preceding | 23 | | sentences of supervision, conditional discharge, or first | 24 | | offender probation, under the laws of any jurisdiction of | 25 | | the United States of any crime that is a felony.
| 26 | | (4) Gross negligence in practice under this Act.
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| 1 | | (5) Engaging in dishonorable, unethical or | 2 | | unprofessional
conduct of a
character likely to deceive, | 3 | | defraud or harm the public.
| 4 | | (6) Obtaining any fee by fraud, deceit, or
| 5 | | misrepresentation.
| 6 | | (7) Habitual or excessive use or abuse of drugs defined | 7 | | in law
as
controlled substances, of alcohol, or of any | 8 | | other substances which results in
the inability to practice | 9 | | with reasonable judgment, skill or safety.
| 10 | | (8) Practicing under a false or, except as provided by | 11 | | law, an
assumed
name.
| 12 | | (9) Fraud or misrepresentation in applying for, or | 13 | | procuring, a
license
under this Act or in connection with | 14 | | applying for renewal of a license under
this Act.
| 15 | | (10) Making a false or misleading statement regarding | 16 | | their
skill or the
efficacy or value of the medicine, | 17 | | treatment, or remedy prescribed by them at
their direction | 18 | | in the treatment of any disease or other condition of the | 19 | | body
or mind.
| 20 | | (11) Allowing another person or organization to use | 21 | | their
license, procured
under this Act, to practice.
| 22 | | (12) Adverse action taken by another state or | 23 | | jurisdiction
against a license
or other authorization to | 24 | | practice as a medical doctor, doctor of osteopathy,
doctor | 25 | | of osteopathic medicine or
doctor of chiropractic, a | 26 | | certified copy of the record of the action taken by
the |
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| 1 | | other state or jurisdiction being prima facie evidence | 2 | | thereof. This includes any adverse action taken by a State | 3 | | or federal agency that prohibits a medical doctor, doctor | 4 | | of osteopathy, doctor of osteopathic medicine, or doctor of | 5 | | chiropractic from providing services to the agency's | 6 | | participants.
| 7 | | (13) Violation of any provision of this Act or of the | 8 | | Medical
Practice Act
prior to the repeal of that Act, or | 9 | | violation of the rules, or a final
administrative action of | 10 | | the Secretary, after consideration of the
recommendation | 11 | | of the Disciplinary Board.
| 12 | | (14) Violation of the prohibition against fee | 13 | | splitting in Section 22.2 of this Act.
| 14 | | (15) A finding by the Disciplinary Board that the
| 15 | | registrant after
having his or her license placed on | 16 | | probationary status or subjected to
conditions or | 17 | | restrictions violated the terms of the probation or failed | 18 | | to
comply with such terms or conditions.
| 19 | | (16) Abandonment of a patient.
| 20 | | (17) Prescribing, selling, administering, | 21 | | distributing, giving
or
self-administering any drug | 22 | | classified as a controlled substance (designated
product) | 23 | | or narcotic for other than medically accepted therapeutic
| 24 | | purposes.
| 25 | | (18) Promotion of the sale of drugs, devices, | 26 | | appliances or
goods provided
for a patient in such manner |
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| 1 | | as to exploit the patient for financial gain of
the | 2 | | physician.
| 3 | | (19) Offering, undertaking or agreeing to cure or treat
| 4 | | disease by a secret
method, procedure, treatment or | 5 | | medicine, or the treating, operating or
prescribing for any | 6 | | human condition by a method, means or procedure which the
| 7 | | licensee refuses to divulge upon demand of the Department.
| 8 | | (20) Immoral conduct in the commission of any act | 9 | | including,
but not limited to, commission of an act of | 10 | | sexual misconduct related to the
licensee's
practice.
| 11 | | (21) Wilfully making or filing false records or reports | 12 | | in his
or her
practice as a physician, including, but not | 13 | | limited to, false records to
support claims against the | 14 | | medical assistance program of the Department of Healthcare | 15 | | and Family Services (formerly Department of
Public Aid)
| 16 | | under the Illinois Public Aid Code.
| 17 | | (22) Wilful omission to file or record, or wilfully | 18 | | impeding
the filing or
recording, or inducing another | 19 | | person to omit to file or record, medical
reports as | 20 | | required by law, or wilfully failing to report an instance | 21 | | of
suspected abuse or neglect as required by law.
| 22 | | (23) Being named as a perpetrator in an indicated | 23 | | report by
the Department
of Children and Family Services | 24 | | under the Abused and Neglected Child Reporting
Act, and | 25 | | upon proof by clear and convincing evidence that the | 26 | | licensee has
caused a child to be an abused child or |
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| 1 | | neglected child as defined in the
Abused and Neglected | 2 | | Child Reporting Act.
| 3 | | (24) Solicitation of professional patronage by any
| 4 | | corporation, agents or
persons, or profiting from those | 5 | | representing themselves to be agents of the
licensee.
| 6 | | (25) Gross and wilful and continued overcharging for
| 7 | | professional services,
including filing false statements | 8 | | for collection of fees for which services are
not rendered, | 9 | | including, but not limited to, filing such false statements | 10 | | for
collection of monies for services not rendered from 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 | | (26) A pattern of practice or other behavior which
| 15 | | demonstrates
incapacity
or incompetence to practice under | 16 | | this Act.
| 17 | | (27) Mental illness or disability which results in the
| 18 | | inability to
practice under this Act with reasonable | 19 | | judgment, skill or safety.
| 20 | | (28) Physical illness, including, but not limited to,
| 21 | | deterioration through
the aging process, or loss of motor | 22 | | skill which results in a physician's
inability to practice | 23 | | under this Act with reasonable judgment, skill or
safety.
| 24 | | (29) Cheating on or attempt to subvert the licensing
| 25 | | examinations
administered under this Act.
| 26 | | (30) Wilfully or negligently violating the |
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| 1 | | confidentiality
between
physician and patient except as | 2 | | required by law.
| 3 | | (31) The use of any false, fraudulent, or deceptive | 4 | | statement
in any
document connected with practice under | 5 | | this Act.
| 6 | | (32) Aiding and abetting an individual not licensed | 7 | | under this
Act in the
practice of a profession licensed | 8 | | under this Act.
| 9 | | (33) Violating state or federal laws or regulations | 10 | | relating
to controlled
substances, legend
drugs, or | 11 | | ephedra as defined in the Ephedra Prohibition Act.
| 12 | | (34) Failure to report to the Department any adverse | 13 | | final
action taken
against them by another licensing | 14 | | jurisdiction (any other state or any
territory of the | 15 | | United States or any foreign state or country), by any peer
| 16 | | review body, by any health care institution, by any | 17 | | professional society or
association related to practice | 18 | | under this Act, by any governmental agency, by
any law | 19 | | enforcement agency, or by any court for acts or conduct | 20 | | similar to acts
or conduct which would constitute grounds | 21 | | for action as defined in this
Section.
| 22 | | (35) Failure to report to the Department surrender of a
| 23 | | license or
authorization to practice as a medical doctor, a | 24 | | doctor of osteopathy, a
doctor of osteopathic medicine, or | 25 | | doctor
of chiropractic in another state or jurisdiction, or | 26 | | surrender of membership on
any medical staff or in any |
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| 1 | | medical or professional association or society,
while | 2 | | under disciplinary investigation by any of those | 3 | | authorities or bodies,
for acts or conduct similar to acts | 4 | | or conduct which would constitute grounds
for action as | 5 | | defined in this Section.
| 6 | | (36) Failure to report to the Department any adverse | 7 | | judgment,
settlement,
or award arising from a liability | 8 | | claim related to acts or conduct similar to
acts or conduct | 9 | | which would constitute grounds for action as defined in | 10 | | this
Section.
| 11 | | (37) Failure to provide copies of medical records as | 12 | | required
by law.
| 13 | | (38) Failure to furnish the Department, its | 14 | | investigators or
representatives, relevant information, | 15 | | legally requested by the Department
after consultation | 16 | | with the Chief Medical Coordinator or the Deputy Medical
| 17 | | Coordinator.
| 18 | | (39) Violating the Health Care Worker Self-Referral
| 19 | | Act.
| 20 | | (40) Willful failure to provide notice when notice is | 21 | | required
under the
Parental Notice of Abortion Act of 1995.
| 22 | | (41) Failure to establish and maintain records of | 23 | | patient care and
treatment as required by this law.
| 24 | | (42) Entering into an excessive number of written | 25 | | collaborative
agreements with licensed advanced practice | 26 | | nurses resulting in an inability to
adequately |
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| 1 | | collaborate.
| 2 | | (43) Repeated failure to adequately collaborate with a | 3 | | licensed advanced practice nurse. | 4 | | (44) Violating the Compassionate Use of Medical | 5 | | Cannabis Pilot Program Act.
| 6 | | (45) Entering into an excessive number of written | 7 | | collaborative agreements with licensed prescribing | 8 | | psychologists resulting in an inability to adequately | 9 | | collaborate. | 10 | | (46) Repeated failure to adequately collaborate with a | 11 | | licensed prescribing psychologist. | 12 | | Except
for actions involving the ground numbered (26), all | 13 | | proceedings to suspend,
revoke, place on probationary status, | 14 | | or take any
other disciplinary action as the Department may | 15 | | deem proper, with regard to a
license on any of the foregoing | 16 | | grounds, must be commenced within 5 years next
after receipt by | 17 | | the Department of a complaint alleging the commission of or
| 18 | | notice of the conviction order for any of the acts described | 19 | | herein. Except
for the grounds numbered (8), (9), (26), and | 20 | | (29), no action shall be commenced more
than 10 years after the | 21 | | date of the incident or act alleged to have violated
this | 22 | | Section. For actions involving the ground numbered (26), a | 23 | | pattern of practice or other behavior includes all incidents | 24 | | alleged to be part of the pattern of practice or other behavior | 25 | | that occurred, or a report pursuant to Section 23 of this Act | 26 | | received, within the 10-year period preceding the filing of the |
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| 1 | | complaint. In the event of the settlement of any claim or cause | 2 | | of action
in favor of the claimant or the reduction to final | 3 | | judgment of any civil action
in favor of the plaintiff, such | 4 | | claim, cause of action or civil action being
grounded on the | 5 | | allegation that a person licensed under this Act was negligent
| 6 | | in providing care, the Department shall have an additional | 7 | | period of 2 years
from the date of notification to the | 8 | | Department under Section 23 of this Act
of such settlement or | 9 | | final judgment in which to investigate and
commence formal | 10 | | disciplinary proceedings under Section 36 of this Act, except
| 11 | | as otherwise provided by law. The time during which the holder | 12 | | of the license
was outside the State of Illinois shall not be | 13 | | included within any period of
time limiting the commencement of | 14 | | disciplinary action by the Department.
| 15 | | The entry of an order or judgment by any circuit court | 16 | | establishing that any
person holding a license under this Act | 17 | | is a person in need of mental treatment
operates as a | 18 | | suspension of that license. That person may resume their
| 19 | | practice only upon the entry of a Departmental order based upon | 20 | | a finding by
the Disciplinary Board that they have been | 21 | | determined to be recovered
from mental illness by the court and | 22 | | upon the Disciplinary Board's
recommendation that they be | 23 | | permitted to resume their practice.
| 24 | | The Department may refuse to issue or take disciplinary | 25 | | action concerning the license of any person
who fails to file a | 26 | | return, or to pay the tax, penalty or interest shown in a
filed |
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| 1 | | return, or to pay any final assessment of tax, penalty or | 2 | | interest, as
required by any tax Act administered by the | 3 | | Illinois Department of Revenue,
until such time as the | 4 | | requirements of any such tax Act are satisfied as
determined by | 5 | | the Illinois Department of Revenue.
| 6 | | The Department, upon the recommendation of the | 7 | | Disciplinary Board, shall
adopt rules which set forth standards | 8 | | to be used in determining:
| 9 | | (a) when a person will be deemed sufficiently | 10 | | rehabilitated to warrant the
public trust;
| 11 | | (b) what constitutes dishonorable, unethical or | 12 | | unprofessional conduct of
a character likely to deceive, | 13 | | defraud, or harm the public;
| 14 | | (c) what constitutes immoral conduct in the commission | 15 | | of any act,
including, but not limited to, commission of an | 16 | | act of sexual misconduct
related
to the licensee's | 17 | | practice; and
| 18 | | (d) what constitutes gross negligence in the practice | 19 | | of medicine.
| 20 | | However, no such rule shall be admissible into evidence in | 21 | | any civil action
except for review of a licensing or other | 22 | | disciplinary action under this Act.
| 23 | | In enforcing this Section, the Disciplinary Board or the | 24 | | Licensing Board,
upon a showing of a possible violation, may | 25 | | compel, in the case of the Disciplinary Board, any individual | 26 | | who is licensed to
practice under this Act or holds a permit to |
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| 1 | | practice under this Act, or, in the case of the Licensing | 2 | | Board, any individual who has applied for licensure or a permit
| 3 | | pursuant to this Act, to submit to a mental or physical | 4 | | examination and evaluation, or both,
which may include a | 5 | | substance abuse or sexual offender evaluation, as required by | 6 | | the Licensing Board or Disciplinary Board and at the expense of | 7 | | the Department. The Disciplinary Board or Licensing Board shall | 8 | | specifically designate the examining physician licensed to | 9 | | practice medicine in all of its branches or, if applicable, the | 10 | | multidisciplinary team involved in providing the mental or | 11 | | physical examination and evaluation, or both. The | 12 | | multidisciplinary team shall be led by a physician licensed to | 13 | | practice medicine in all of its branches and may consist of one | 14 | | or more or a combination of physicians licensed to practice | 15 | | medicine in all of its branches, licensed chiropractic | 16 | | physicians, licensed clinical psychologists, licensed clinical | 17 | | social workers, licensed clinical professional counselors, and | 18 | | other professional and administrative staff. Any examining | 19 | | physician or member of the multidisciplinary team may require | 20 | | any person ordered to submit to an examination and evaluation | 21 | | pursuant to this Section to submit to any additional | 22 | | supplemental testing deemed necessary to complete any | 23 | | examination or evaluation process, including, but not limited | 24 | | to, blood testing, urinalysis, psychological testing, or | 25 | | neuropsychological testing.
The Disciplinary Board, the | 26 | | Licensing Board, or the Department may order the examining
|
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| 1 | | physician or any member of the multidisciplinary team to | 2 | | provide to the Department, the Disciplinary Board, or the | 3 | | Licensing Board any and all records, including business | 4 | | records, that relate to the examination and evaluation, | 5 | | including any supplemental testing performed. The Disciplinary | 6 | | Board, the Licensing Board, or the Department may order the | 7 | | examining physician or any member of the multidisciplinary team | 8 | | to present testimony concerning this examination
and | 9 | | evaluation of the licensee, permit holder, or applicant, | 10 | | including testimony concerning any supplemental testing or | 11 | | documents relating to the examination and evaluation. No | 12 | | information, report, record, or other documents in any way | 13 | | related to the examination and evaluation shall be excluded by | 14 | | reason of
any common
law or statutory privilege relating to | 15 | | communication between the licensee, permit holder, or
| 16 | | applicant and
the examining physician or any member of the | 17 | | multidisciplinary team.
No authorization is necessary from the | 18 | | licensee, permit holder, or applicant ordered to undergo an | 19 | | evaluation and examination for the examining physician or any | 20 | | member of the multidisciplinary team to provide information, | 21 | | reports, records, or other documents or to provide any | 22 | | testimony regarding the examination and evaluation. The | 23 | | individual to be examined may have, at his or her own expense, | 24 | | another
physician of his or her choice present during all | 25 | | aspects of the examination.
Failure of any individual to submit | 26 | | to mental or physical examination and evaluation, or both, when
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| 1 | | directed, shall result in an automatic suspension, without | 2 | | hearing, until such time
as the individual submits to the | 3 | | examination. If the Disciplinary Board or Licensing Board finds | 4 | | a physician unable
to practice following an examination and | 5 | | evaluation because of the reasons set forth in this Section, | 6 | | the Disciplinary
Board or Licensing Board shall require such | 7 | | physician to submit to care, counseling, or treatment
by | 8 | | physicians, or other health care professionals, approved or | 9 | | designated by the Disciplinary Board, as a condition
for | 10 | | issued, continued, reinstated, or renewed licensure to | 11 | | practice. Any physician,
whose license was granted pursuant to | 12 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | 13 | | renewed, disciplined or supervised, subject to such
terms, | 14 | | conditions or restrictions who shall fail to comply with such | 15 | | terms,
conditions or restrictions, or to complete a required | 16 | | program of care,
counseling, or treatment, as determined by the | 17 | | Chief Medical Coordinator or
Deputy Medical Coordinators, | 18 | | shall be referred to the Secretary for a
determination as to | 19 | | whether the licensee shall have their license suspended
| 20 | | immediately, pending a hearing by the Disciplinary Board. In | 21 | | instances in
which the Secretary immediately suspends a license | 22 | | under this Section, a hearing
upon such person's license must | 23 | | be convened by the Disciplinary Board within 15
days after such | 24 | | suspension and completed without appreciable delay. The
| 25 | | Disciplinary Board shall have the authority to review the | 26 | | subject physician's
record of treatment and counseling |
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| 1 | | regarding the impairment, to the extent
permitted by applicable | 2 | | federal statutes and regulations safeguarding the
| 3 | | confidentiality of medical records.
| 4 | | An individual licensed under this Act, affected under this | 5 | | Section, shall be
afforded an opportunity to demonstrate to the | 6 | | Disciplinary Board that they can
resume practice in compliance | 7 | | with acceptable and prevailing standards under
the provisions | 8 | | of their license.
| 9 | | The Department may promulgate rules for the imposition of | 10 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 11 | | violation of this Act. Fines
may be imposed in conjunction with | 12 | | other forms of disciplinary action, but
shall not be the | 13 | | exclusive disposition of any disciplinary action arising out
of | 14 | | conduct resulting in death or injury to a patient. Any funds | 15 | | collected from
such fines shall be deposited in the Medical | 16 | | Disciplinary Fund.
| 17 | | All fines imposed under this Section shall be paid within | 18 | | 60 days after the effective date of the order imposing the fine | 19 | | or in accordance with the terms set forth in the order imposing | 20 | | the fine. | 21 | | (B) The Department shall revoke the license or
permit | 22 | | issued under this Act to practice medicine or a chiropractic | 23 | | physician who
has been convicted a second time of committing | 24 | | any felony under the
Illinois Controlled Substances Act or the | 25 | | Methamphetamine Control and Community Protection Act, or who | 26 | | has been convicted a second time of
committing a Class 1 felony |
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| 1 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 2 | | person whose license or permit is revoked
under
this subsection | 3 | | B shall be prohibited from practicing
medicine or treating | 4 | | human ailments without the use of drugs and without
operative | 5 | | surgery.
| 6 | | (C) The Department shall not revoke, suspend, place on | 7 | | probation, reprimand, refuse to issue or renew, or take any | 8 | | other disciplinary or non-disciplinary action against the | 9 | | license or permit issued under this Act to practice medicine to | 10 | | a physician based solely upon the recommendation of the | 11 | | physician to an eligible patient regarding, or prescription | 12 | | for, or treatment with, an investigational drug, biological | 13 | | product, or device. | 14 | | (D) The Disciplinary Board shall recommend to the
| 15 | | Department civil
penalties and any other appropriate | 16 | | discipline in disciplinary cases when the
Board finds that a | 17 | | physician willfully performed an abortion with actual
| 18 | | knowledge that the person upon whom the abortion has been | 19 | | performed is a minor
or an incompetent person without notice as | 20 | | required under the Parental Notice
of Abortion Act of 1995. | 21 | | Upon the Board's recommendation, the Department shall
impose, | 22 | | for the first violation, a civil penalty of $1,000 and for a | 23 | | second or
subsequent violation, a civil penalty of $5,000.
| 24 | | (E) A physician may not be disciplined by the Department | 25 | | under this Act solely for the evaluation or provision of | 26 | | appropriate medically necessary treatment for co-occurring or |
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| 1 | | otherwise diagnosed medical conditions for a patient because | 2 | | the patient is also diagnosed with an autism spectrum disorder | 3 | | when clinical symptomatology is suspected or present or | 4 | | clinical investigation, examination, or testing is warranted.
| 5 | | A physician may refer the patient as necessary for additional | 6 | | evaluation, diagnosis, and treatment to achieve appropriate | 7 | | clinical and medically necessary treatment objectives. | 8 | | (Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14; | 9 | | 98-1140, eff. 12-30-14; 99-270, eff. 1-1-16 .)
| 10 | | (225 ILCS 60/33.5 new) | 11 | | Sec. 33.5. Treatment of persons with an autism spectrum | 12 | | disorder. | 13 | | (a) A physician shall evaluate persons diagnosed with an | 14 | | autism spectrum disorder for co-occurring or otherwise | 15 | | diagnosed medical conditions when clinical symptomatology is | 16 | | present or suspected and prescribe appropriate medically | 17 | | necessary treatments in alignment with care practices for the | 18 | | condition, illness, injury, disease, or disability. | 19 | | A physician may consider, without limitation, whether or | 20 | | not a medication or any ingredient, allergen, potential | 21 | | toxicant, or artificial agent may exacerbate clinical | 22 | | symptomatology of autism spectrum disorder or a related or | 23 | | co-occurring or otherwise diagnosed medical condition and, if | 24 | | so, may consider adopting measures that would result in the | 25 | | reduction or elimination of risk to the patient. |
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| 1 | | (b) Persons diagnosed with an autism spectrum disorder or a | 2 | | related disorder shall not be discriminated against in | 3 | | receiving an accurate medical assessment, laboratory or | 4 | | clinical testing, a diagnosis, or treatment of co-occurring or | 5 | | otherwise diagnosed medical conditions because they are also | 6 | | diagnosed with an autism spectrum disorder.
Any person | 7 | | discriminated against in receiving an accurate medical | 8 | | assessment, evaluation, diagnosis, or treatment from a | 9 | | physician because he or she is also diagnosed with an autism | 10 | | spectrum disorder may report the incident to the Department. | 11 | | The Department may adopt rules to redress discriminatory | 12 | | practices if warranted. | 13 | | (c) A person with an autism spectrum disorder, or the | 14 | | person's parent or legal guardian on his or her behalf, shall | 15 | | not be deprived of the right to seek further medical opinions | 16 | | if the physician is not providing adequate medical care to meet | 17 | | the needs of the patient. A parent or legal guardian shall not | 18 | | be threatened with loss of parental or legal guardianship | 19 | | rights for a person with autism spectrum disorder for pursuing | 20 | | additional medical expertise, especially in the case of trying | 21 | | to ascertain appropriate identification and diagnosis of | 22 | | underlying or co-occurring medical conditions that may or may | 23 | | not be exacerbating symptoms primarily associated with an | 24 | | autism spectrum disorder. | 25 | | An individual diagnosed as having an autism spectrum | 26 | | disorder or his or her parent or legal guardian shall not be |
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| 1 | | denied the right to pursue medical interventions or treatments | 2 | | that may help to ameliorate or improve the symptoms primarily | 3 | | associated with an autism spectrum disorder or co-occurring or | 4 | | otherwise diagnosed medical condition. | 5 | | An individual diagnosed as having an autism spectrum | 6 | | disorder or his or her parent or legal guardian shall not be | 7 | | denied the right to decline a medical treatment or intervention | 8 | | that may exacerbate or worsen any debilitating symptoms | 9 | | associated with an autism spectrum disorder or an underlying or | 10 | | co-occurring or otherwise diagnosed medical condition. | 11 | | Section 20. The Nurse Practice Act is amended by changing | 12 | | Sections 50-10, 65-60, and 70-5 and by adding Section 65-47 as | 13 | | follows:
| 14 | | (225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 50-10. Definitions. Each of the following terms, when | 17 | | used
in this Act, shall have the meaning ascribed to it in this | 18 | | Section, except
where the context clearly indicates otherwise:
| 19 | | "Academic year" means the customary annual schedule of | 20 | | courses at a
college, university, or approved school, | 21 | | customarily regarded as the school
year as distinguished from | 22 | | the calendar year.
| 23 | | "Advanced practice nurse" or "APN" means a person who has | 24 | | met the qualifications for a (i) certified nurse midwife (CNM); |
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| 1 | | (ii) certified nurse practitioner (CNP); (iii) certified | 2 | | registered nurse anesthetist (CRNA); or (iv) clinical nurse | 3 | | specialist (CNS) and has been licensed by the Department. All | 4 | | advanced practice nurses licensed and practicing in the State | 5 | | of Illinois shall use the title APN and may use specialty | 6 | | credentials CNM, CNP, CRNA, or CNS after their name. All | 7 | | advanced practice nurses may only practice in accordance with | 8 | | national certification and this Act.
| 9 | | "Approved program of professional nursing education" and | 10 | | "approved
program of practical nursing education" are programs | 11 | | of professional or
practical nursing, respectively, approved | 12 | | by the Department under the
provisions of this Act.
| 13 | | "Autism spectrum disorder" means a neurobiological | 14 | | disorder, including autism, regressive autism, Asperger | 15 | | Syndrome, and pervasive developmental disorders not otherwise | 16 | | specified (PDD-NOS). | 17 | | "Board" means the Board of Nursing appointed by the | 18 | | Secretary. | 19 | | "Clinical symptomatology" means any indication of disorder | 20 | | or disease when experienced by an individual as a change from | 21 | | normal function, sensation, or appearance. | 22 | | "Collaboration" means a process involving 2 or more health | 23 | | care professionals working together, each contributing one's | 24 | | respective area of expertise to provide more comprehensive | 25 | | patient care. | 26 | | "Consultation" means the process whereby an advanced |
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| 1 | | practice nurse seeks the advice or opinion of another health | 2 | | care professional. | 3 | | "Co-occurring or otherwise diagnosed medical condition" | 4 | | means a simultaneous illness, condition, injury, disease, | 5 | | pathology, or disability that is not primarily diagnosed as an | 6 | | autism spectrum disorder. | 7 | | "Credentialed" means the process of assessing and | 8 | | validating the qualifications of a health care professional. | 9 | | "Current nursing practice update course" means a planned | 10 | | nursing education curriculum approved by the Department | 11 | | consisting of activities that have educational objectives, | 12 | | instructional methods, content or subject matter, clinical | 13 | | practice, and evaluation methods, related to basic review and | 14 | | updating content and specifically planned for those nurses | 15 | | previously licensed in the United States or its territories and | 16 | | preparing for reentry into nursing practice. | 17 | | "Dentist" means a person licensed to practice dentistry | 18 | | under the Illinois Dental Practice Act. | 19 | | "Department" means the Department of Financial and | 20 | | Professional Regulation. | 21 | | "Hospital affiliate" means a corporation, partnership, | 22 | | joint venture, limited liability company, or similar | 23 | | organization, other than a hospital, that is devoted primarily | 24 | | to the provision, management, or support of health care | 25 | | services and that directly or indirectly controls, is | 26 | | controlled by, or is under common control of the hospital. For |
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| 1 | | the purposes of this definition, "control" means having at | 2 | | least an equal or a majority ownership or membership interest. | 3 | | A hospital affiliate shall be 100% owned or controlled by any | 4 | | combination of hospitals, their parent corporations, or | 5 | | physicians licensed to practice medicine in all its branches in | 6 | | Illinois. "Hospital affiliate" does not include a health | 7 | | maintenance organization regulated under the Health | 8 | | Maintenance Organization Act. | 9 | | "Impaired nurse" means a nurse licensed under this Act who | 10 | | is unable to practice with reasonable skill and safety because | 11 | | of a physical or mental disability as evidenced by a written | 12 | | determination or written consent based on clinical evidence, | 13 | | including loss of motor skills, abuse of drugs or alcohol, or a | 14 | | psychiatric disorder, of sufficient degree to diminish his or | 15 | | her ability to deliver competent patient care. | 16 | | "License-pending advanced practice nurse" means a | 17 | | registered professional nurse who has completed all | 18 | | requirements for licensure as an advanced practice nurse except | 19 | | the certification examination and has applied to take the next | 20 | | available certification exam and received a temporary license | 21 | | from the Department. | 22 | | "License-pending registered nurse" means a person who has | 23 | | passed the Department-approved registered nurse licensure exam | 24 | | and has applied for a license from the Department. A | 25 | | license-pending registered nurse shall use the title "RN lic | 26 | | pend" on all documentation related to nursing practice. |
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| 1 | | "Medically necessary treatment" means any care, treatment, | 2 | | intervention, service, or item that will or is reasonably | 3 | | expected to do any of the following: (i) prevent the onset of | 4 | | an illness, condition, injury, disease, or disability; (ii) | 5 | | reduce or ameliorate the physical, mental, or developmental | 6 | | effects of an illness, condition, injury, disease, or | 7 | | disability; or (iii) assist to achieve or maintain maximum | 8 | | functional activity in performing daily activities. | 9 | | "Pathophysiological" means the functional alterations in | 10 | | the body related to a disease or syndrome. | 11 | | "Physician" means a person licensed to practice medicine in | 12 | | all its branches under the Medical Practice Act of 1987. | 13 | | "Podiatric physician" means a person licensed to practice | 14 | | podiatry under the Podiatric Medical Practice Act of 1987.
| 15 | | "Practical nurse" or "licensed practical nurse" means a | 16 | | person who is
licensed as a practical nurse under this Act and | 17 | | practices practical
nursing as defined in this Act. Only a | 18 | | practical nurse
licensed under this Act is entitled to use the | 19 | | title "licensed practical
nurse" and the abbreviation | 20 | | "L.P.N.".
| 21 | | "Practical nursing" means the performance of
nursing acts | 22 | | requiring the basic nursing knowledge, judgment, and skill
| 23 | | acquired by means of completion of an approved practical | 24 | | nursing education
program. Practical nursing includes | 25 | | assisting in the nursing process as
delegated by a registered | 26 | | professional nurse or an advanced practice nurse. The
practical |
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| 1 | | nurse may work under the direction of a licensed physician, | 2 | | dentist, podiatric physician, or other health care | 3 | | professional determined by the Department.
| 4 | | "Privileged" means the authorization granted by the | 5 | | governing body of a healthcare facility, agency, or | 6 | | organization to provide specific patient care services within | 7 | | well-defined limits, based on qualifications reviewed in the | 8 | | credentialing process.
| 9 | | "Registered Nurse" or "Registered Professional Nurse" | 10 | | means a person
who is licensed as a professional nurse under | 11 | | this Act and practices
nursing as defined in
this Act. Only a | 12 | | registered
nurse licensed under this Act is entitled to use the
| 13 | | titles "registered nurse" and "registered professional nurse" | 14 | | and the
abbreviation, "R.N.".
| 15 | | "Registered professional nursing practice" is a scientific | 16 | | process founded on a professional body of knowledge; it is a | 17 | | learned profession based on the understanding of the human | 18 | | condition across the life span and environment and
includes all
| 19 | | nursing
specialties and means the performance of any nursing | 20 | | act based upon
professional knowledge, judgment, and skills | 21 | | acquired by means of completion
of an approved professional | 22 | | nursing education program. A registered
professional nurse | 23 | | provides holistic nursing care through the nursing process
to | 24 | | individuals, groups, families, or communities, that includes | 25 | | but is not
limited to: (1) the assessment of healthcare needs, | 26 | | nursing diagnosis,
planning, implementation, and nursing |
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| 1 | | evaluation; (2) the promotion,
maintenance, and restoration of | 2 | | health; (3) counseling, patient education,
health education, | 3 | | and patient advocacy; (4) the administration of medications
and | 4 | | treatments as prescribed by a physician licensed to practice | 5 | | medicine in
all of its branches, a licensed dentist, a licensed | 6 | | podiatric physician, or a licensed
optometrist or as prescribed | 7 | | by a physician assistant
or by an advanced practice nurse; (5) | 8 | | the
coordination and management of the nursing plan of care; | 9 | | (6) the delegation to
and supervision of individuals who assist | 10 | | the registered professional nurse
implementing the plan of | 11 | | care; and (7) teaching nursing
students. The foregoing shall | 12 | | not be deemed to include
those acts of medical diagnosis or | 13 | | prescription of therapeutic or
corrective measures.
| 14 | | "Professional assistance program for nurses" means a | 15 | | professional
assistance program that meets criteria | 16 | | established by the Board of Nursing
and approved by the | 17 | | Secretary, which provides a non-disciplinary treatment
| 18 | | approach for nurses licensed under this Act whose ability to | 19 | | practice is
compromised by alcohol or chemical substance | 20 | | addiction.
| 21 | | "Secretary" means the Secretary of Financial and | 22 | | Professional Regulation. | 23 | | "Unencumbered license" means a license issued in good | 24 | | standing. | 25 | | "Written collaborative agreement" means a written | 26 | | agreement between an advanced practice nurse and a |
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| 1 | | collaborating physician, dentist, or podiatric physician | 2 | | pursuant to Section 65-35.
| 3 | | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15; | 4 | | 99-330, eff. 1-1-16; revised 10-20-15.)
| 5 | | (225 ILCS 65/65-47 new) | 6 | | Sec. 65-47. Treatment of persons with an autism spectrum | 7 | | disorder. | 8 | | (a) An advanced practice nurse shall evaluate persons | 9 | | diagnosed with an autism spectrum disorder for co-occurring or | 10 | | otherwise diagnosed medical conditions when clinical | 11 | | symptomatology is present or suspected and prescribe | 12 | | appropriate medically necessary treatments in alignment with | 13 | | care practices for the condition, illness, injury, disease, or | 14 | | disability. | 15 | | An advanced practice nurse may consider, without | 16 | | limitation, whether or not a medication or any ingredient, | 17 | | allergen, potential toxicant, or artificial agent may | 18 | | exacerbate clinical symptomatology of autism spectrum disorder | 19 | | or a related or co-occurring or otherwise diagnosed medical | 20 | | condition and, if so, may consider adopting measures that would | 21 | | result in the reduction or elimination of risk to the patient. | 22 | | (b) Persons diagnosed with an autism spectrum disorder or a | 23 | | related disorder shall not be discriminated against in | 24 | | receiving an accurate medical assessment, laboratory or | 25 | | clinical testing, a diagnosis, or treatment of co-occurring or |
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| 1 | | otherwise diagnosed medical conditions because he or she is | 2 | | also diagnosed with an autism spectrum disorder. Any person | 3 | | discriminated against in receiving an accurate medical | 4 | | assessment, evaluation, diagnosis, or treatment from an | 5 | | advanced practice nurse because he or she is also diagnosed | 6 | | with an autism spectrum disorder may report the incident to the | 7 | | Department. The Department may adopt rules to redress | 8 | | discriminatory practices if warranted. | 9 | | (c) A person with an autism spectrum disorder, or the | 10 | | person's parent or legal guardian on his or her behalf, shall | 11 | | not be deprived of the right to seek further medical opinions | 12 | | if the advanced practice nurse is not providing adequate | 13 | | medical care to meet the needs of the patient. A parent or | 14 | | legal guardian shall not be threatened with loss of parental or | 15 | | legal guardianship rights for a person with autism spectrum | 16 | | disorder for pursuing additional medical expertise, especially | 17 | | in the case of trying to ascertain appropriate identification | 18 | | and diagnosis of underlying or co-occurring medical conditions | 19 | | that may or may not be exacerbating symptoms primarily | 20 | | associated with an autism spectrum disorder. | 21 | | An individual diagnosed as having an autism spectrum | 22 | | disorder or his or her parent or legal guardian shall not be | 23 | | denied the right to pursue medical interventions or treatments | 24 | | that may help to ameliorate or improve the symptoms primarily | 25 | | associated with an autism spectrum disorder or co-occurring or | 26 | | otherwise diagnosed medical condition. |
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| 1 | | An individual diagnosed as having an autism spectrum | 2 | | disorder or his or her parent or legal guardian shall not be | 3 | | denied the right to decline a medical treatment or intervention | 4 | | that may exacerbate or worsen any debilitating symptoms | 5 | | associated with an autism spectrum disorder or an underlying or | 6 | | co-occurring or otherwise diagnosed medical condition.
| 7 | | (225 ILCS 65/65-60)
(was 225 ILCS 65/15-45)
| 8 | | (Section scheduled to be repealed on January 1, 2018)
| 9 | | Sec. 65-60. Continuing education. The Department shall
| 10 | | adopt rules of continuing education for persons licensed
under | 11 | | this Article that require 50 hours of
continuing education per | 12 | | 2-year license renewal cycle. Completion of the 50 hours of | 13 | | continuing education shall be deemed to satisfy the continuing | 14 | | education requirements for renewal of a registered | 15 | | professional nurse license as required by this Act. The
rules | 16 | | shall not be inconsistent with requirements of relevant | 17 | | national
certifying bodies or
State or national professional | 18 | | associations.
The rules shall also address variances in part or | 19 | | in whole for good
cause, including but not limited to illness | 20 | | or
hardship.
The continuing education rules shall assure that | 21 | | licensees are given the
opportunity to participate in programs | 22 | | sponsored by or
through their State or national professional | 23 | | associations, hospitals,
or other providers of continuing | 24 | | education. Each licensee is
responsible
for maintaining | 25 | | records of completion of continuing education
and shall be |
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| 1 | | prepared to produce the records when requested
by the | 2 | | Department.
| 3 | | Advanced practice nurses who treat persons with autism | 4 | | spectrum disorders are encouraged to obtain continuing | 5 | | education credits that address training in evaluation, | 6 | | diagnosis, and treatments for co-occurring and otherwise | 7 | | diagnosed pathophysiological conditions in autism spectrum | 8 | | disorders to promote and align standard of care practices to | 9 | | reflect emerging clinical findings and promising practices | 10 | | derived from improved patient outcomes. | 11 | | (Source: P.A. 95-639, eff. 10-5-07.)
| 12 | | (225 ILCS 65/70-5)
(was 225 ILCS 65/10-45)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 70-5. Grounds for disciplinary action.
| 15 | | (a) The Department may
refuse to issue or
to renew, or may | 16 | | revoke, suspend, place on
probation, reprimand, or take other | 17 | | disciplinary or non-disciplinary action as the Department
may | 18 | | deem appropriate, including fines not to exceed $10,000 per | 19 | | violation, with regard to a license for any one or combination
| 20 | | of the causes set forth in subsection (b) below.
All fines | 21 | | collected under this Section shall be deposited in the Nursing
| 22 | | Dedicated and Professional Fund.
| 23 | | (b) Grounds for disciplinary action include the following:
| 24 | | (1) Material deception in furnishing information to | 25 | | the
Department.
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| 1 | | (2) Material violations of any provision of this Act or | 2 | | violation of the rules of or final administrative action of
| 3 | | the Secretary, after consideration of the recommendation | 4 | | of the Board.
| 5 | | (3) Conviction by plea of guilty or nolo contendere, | 6 | | finding of guilt, jury verdict, or entry of judgment or by | 7 | | sentencing of any crime, including, but not limited to, | 8 | | convictions, preceding sentences of supervision, | 9 | | conditional discharge, or first offender probation, under | 10 | | the laws of any jurisdiction
of the
United States: (i) that | 11 | | is a felony; or (ii) that is a misdemeanor, an
essential | 12 | | element of which is dishonesty, or that is
directly related | 13 | | to the practice of the profession.
| 14 | | (4) A pattern of practice or other behavior which | 15 | | demonstrates
incapacity
or incompetency to practice under | 16 | | this Act.
| 17 | | (5) Knowingly aiding or assisting another person in | 18 | | violating
any
provision of this Act or rules.
| 19 | | (6) Failing, within 90 days, to provide a response to a | 20 | | request
for
information in response to a written request | 21 | | made by the Department by
certified mail.
| 22 | | (7) Engaging in dishonorable, unethical or | 23 | | unprofessional
conduct of a
character likely to deceive, | 24 | | defraud or harm the public, as defined by
rule.
| 25 | | (8) Unlawful taking, theft, selling, distributing, or | 26 | | manufacturing of any drug, narcotic, or
prescription
|
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| 1 | | device.
| 2 | | (9) Habitual or excessive use or addiction to alcohol,
| 3 | | narcotics,
stimulants, or any other chemical agent or drug | 4 | | that could result in a licensee's
inability to practice | 5 | | with reasonable judgment, skill or safety.
| 6 | | (10) Discipline by another U.S. jurisdiction or | 7 | | foreign
nation, if at
least one of the grounds for the | 8 | | discipline is the same or substantially
equivalent to those | 9 | | set forth in this Section.
| 10 | | (11) A finding that the licensee, after having her or | 11 | | his
license placed on
probationary status or subject to | 12 | | conditions or restrictions, has violated the terms of | 13 | | probation or failed to comply with such terms or | 14 | | conditions.
| 15 | | (12) Being named as a perpetrator in an indicated | 16 | | report by
the
Department of Children and Family Services | 17 | | and under the Abused and
Neglected Child Reporting Act, and | 18 | | upon proof by clear and
convincing evidence that the | 19 | | licensee has caused a child to be an abused
child or | 20 | | neglected child as defined in the Abused and Neglected | 21 | | Child
Reporting Act.
| 22 | | (13) Willful omission to file or record, or willfully | 23 | | impeding
the
filing or recording or inducing another person | 24 | | to omit to file or record
medical reports as required by | 25 | | law or willfully failing to report an
instance of suspected | 26 | | child abuse or neglect as required by the Abused and
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| 1 | | Neglected Child Reporting Act.
| 2 | | (14) Gross negligence in the practice of practical, | 3 | | professional, or advanced practice nursing.
| 4 | | (15) Holding oneself out to be practicing nursing under | 5 | | any
name other
than one's own.
| 6 | | (16) Failure of a licensee to report to the Department | 7 | | any adverse final action taken against him or her by | 8 | | another licensing jurisdiction of the United States or any | 9 | | foreign state or country, any peer review body, any health | 10 | | care institution, any professional or nursing society or | 11 | | association, any governmental agency, any law enforcement | 12 | | agency, or any court or a nursing liability claim related | 13 | | to acts or conduct similar to acts or conduct that would | 14 | | constitute grounds for action as defined in this Section. | 15 | | (17) Failure of a licensee to report to the Department | 16 | | surrender by the licensee of a license or authorization to | 17 | | practice nursing or advanced practice nursing in another | 18 | | state or jurisdiction or current surrender by the licensee | 19 | | of membership on any nursing staff or in any nursing or | 20 | | advanced practice nursing or professional association or | 21 | | society while under disciplinary investigation by any of | 22 | | those authorities or bodies for acts or conduct similar to | 23 | | acts or conduct that would constitute grounds for action as | 24 | | defined by this Section. | 25 | | (18) Failing, within 60 days, to provide information in | 26 | | response to a written request made by the Department. |
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| 1 | | (19) Failure to establish and maintain records of | 2 | | patient care and treatment as required by law.
| 3 | | (20) Fraud, deceit or misrepresentation in applying | 4 | | for or
procuring
a license under this Act or in connection | 5 | | with applying for renewal of a
license under this Act.
| 6 | | (21) Allowing another person or organization to use the
| 7 | | licensees'
license to deceive the public.
| 8 | | (22) Willfully making or filing false records or | 9 | | reports in
the
licensee's practice, 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 | | (23) Attempting to subvert or cheat on a
licensing
| 15 | | examination
administered under this Act.
| 16 | | (24) Immoral conduct in the commission of an act, | 17 | | including, but not limited to, sexual abuse,
sexual | 18 | | misconduct, or sexual exploitation, related to the | 19 | | licensee's practice.
| 20 | | (25) Willfully or negligently violating the | 21 | | confidentiality
between nurse
and patient except as | 22 | | required by law.
| 23 | | (26) Practicing under a false or assumed name, except | 24 | | as provided by law.
| 25 | | (27) The use of any false, fraudulent, or deceptive | 26 | | statement
in any
document connected with the licensee's |
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| 1 | | practice.
| 2 | | (28) Directly or indirectly giving to or receiving from | 3 | | a person, firm,
corporation, partnership, or association a | 4 | | fee, commission, rebate, or other
form of compensation for | 5 | | professional services not actually or personally
rendered. | 6 | | Nothing in this paragraph (28) affects any bona fide | 7 | | independent contractor or employment arrangements among | 8 | | health care professionals, health facilities, health care | 9 | | providers, or other entities, except as otherwise | 10 | | prohibited by law. Any employment arrangements may include | 11 | | provisions for compensation, health insurance, pension, or | 12 | | other employment benefits for the provision of services | 13 | | within the scope of the licensee's practice under this Act. | 14 | | Nothing in this paragraph (28) shall be construed to | 15 | | require an employment arrangement to receive professional | 16 | | fees for services rendered.
| 17 | | (29) A violation of the Health Care Worker | 18 | | Self-Referral Act.
| 19 | | (30) Physical illness, including but not limited to | 20 | | deterioration
through
the aging process or loss of motor | 21 | | skill, mental illness, or disability that
results in the | 22 | | inability to practice the profession with reasonable | 23 | | judgment,
skill, or safety.
| 24 | | (31) Exceeding the terms of a collaborative agreement | 25 | | or the prescriptive authority delegated to a licensee by | 26 | | his or her collaborating physician or podiatric physician |
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| 1 | | in guidelines established under a written collaborative | 2 | | agreement. | 3 | | (32) Making a false or misleading statement regarding a | 4 | | licensee's skill or the efficacy or value of the medicine, | 5 | | treatment, or remedy prescribed by him or her in the course | 6 | | of treatment. | 7 | | (33) Prescribing, selling, administering, | 8 | | distributing, giving, or self-administering a drug | 9 | | classified as a controlled substance (designated product) | 10 | | or narcotic for other than medically accepted therapeutic | 11 | | purposes. | 12 | | (34) Promotion of the sale of drugs, devices, | 13 | | appliances, or goods provided for a patient in a manner to | 14 | | exploit the patient for financial gain. | 15 | | (35) Violating State or federal laws, rules, or | 16 | | regulations relating to controlled substances. | 17 | | (36) Willfully or negligently violating the | 18 | | confidentiality between an advanced practice nurse, | 19 | | collaborating physician, dentist, or podiatric physician | 20 | | and a patient, except as required by law. | 21 | | (37) A violation of any provision of this Act or any | 22 | | rules promulgated under this Act. | 23 | | (c) The determination by a circuit court that a licensee is
| 24 | | subject to
involuntary admission or judicial admission as | 25 | | provided in the Mental
Health and Developmental Disabilities | 26 | | Code, as amended, operates as an
automatic suspension. The |
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| 1 | | suspension will end only upon a finding
by a
court that the | 2 | | patient is no longer subject to involuntary admission or
| 3 | | judicial admission and issues an order so finding and | 4 | | discharging the
patient; and upon the recommendation of the | 5 | | Board to the
Secretary that
the licensee be allowed to resume | 6 | | his or her practice.
| 7 | | (d) The Department may refuse to issue or may suspend or | 8 | | otherwise discipline the
license of any
person who fails to | 9 | | file a return, or to pay the tax, penalty or interest
shown in | 10 | | a filed return, or to pay any final assessment of the tax,
| 11 | | penalty, or interest as required by any tax Act administered by | 12 | | the
Department of Revenue, until such time as the requirements | 13 | | of any
such tax Act are satisfied.
| 14 | | (e) In enforcing this Act, the Department or Board,
upon a | 15 | | showing of a
possible
violation, may compel an individual | 16 | | licensed to practice under this Act or
who has applied for | 17 | | licensure under this Act, to submit
to a mental or physical | 18 | | examination, or both, as required by and at the expense
of the | 19 | | Department. The Department or Board may order the examining | 20 | | physician to
present
testimony concerning the mental or | 21 | | physical examination of the licensee or
applicant. No | 22 | | information shall be excluded by reason of any common law or
| 23 | | statutory privilege relating to communications between the | 24 | | licensee or
applicant and the examining physician. The | 25 | | examining
physicians
shall be specifically designated by the | 26 | | Board or Department.
The individual to be examined may have, at |
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| 1 | | his or her own expense, another
physician of his or her choice | 2 | | present during all
aspects of this examination. Failure of an | 3 | | individual to submit to a mental
or
physical examination, when | 4 | | directed, shall result in an automatic
suspension without | 5 | | hearing.
| 6 | | All substance-related violations shall mandate an | 7 | | automatic substance abuse assessment. Failure to submit to an | 8 | | assessment by a licensed physician who is certified as an | 9 | | addictionist or an advanced practice nurse with specialty | 10 | | certification in addictions may be grounds for an automatic | 11 | | suspension, as defined by rule.
| 12 | | If the Department or Board finds an individual unable to | 13 | | practice or unfit for duty because
of
the
reasons
set forth in | 14 | | this Section, the Department or Board may require that | 15 | | individual
to submit
to
a substance abuse evaluation or | 16 | | treatment by individuals or programs
approved
or designated by | 17 | | the Department or Board, as a condition, term, or restriction
| 18 | | for continued,
reinstated, or
renewed licensure to practice; | 19 | | or, in lieu of evaluation or treatment,
the Department may | 20 | | file, or
the Board may recommend to the Department to file, a | 21 | | complaint to immediately
suspend, revoke, or otherwise | 22 | | discipline the license of the individual.
An individual whose
| 23 | | license was granted, continued, reinstated, renewed, | 24 | | disciplined or supervised
subject to such terms, conditions, or | 25 | | restrictions, and who fails to comply
with
such terms, | 26 | | conditions, or restrictions, shall be referred to the Secretary |
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| 1 | | for
a
determination as to whether the individual shall have his | 2 | | or her license
suspended immediately, pending a hearing by the | 3 | | Department.
| 4 | | In instances in which the Secretary immediately suspends a | 5 | | person's license
under this Section, a hearing on that person's | 6 | | license must be convened by
the Department within 15 days after | 7 | | the suspension and completed without
appreciable
delay.
The | 8 | | Department and Board shall have the authority to review the | 9 | | subject
individual's record of
treatment and counseling | 10 | | regarding the impairment to the extent permitted by
applicable | 11 | | federal statutes and regulations safeguarding the | 12 | | confidentiality of
medical records.
| 13 | | An individual licensed under this Act and affected under | 14 | | this Section shall
be
afforded an opportunity to demonstrate to | 15 | | the Department that he or
she can resume
practice in compliance | 16 | | with nursing standards under the
provisions of his or her | 17 | | license.
| 18 | | (f) An advanced practice nurse may not be disciplined by | 19 | | the Department under this Act solely for the evaluation or | 20 | | provision of appropriate medically necessary treatment for | 21 | | co-occurring or otherwise diagnosed medical conditions for a | 22 | | patient because the patient is also diagnosed with an autism | 23 | | spectrum disorder when clinical symptomatology is suspected or | 24 | | present or clinical investigation, examination, or testing is | 25 | | warranted. An advanced practice nurse may refer the patient as | 26 | | necessary for additional evaluation, diagnosis, and treatment |
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| 1 | | to achieve appropriate clinical and medically necessary | 2 | | treatment objectives. | 3 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 4 | | Section 25. The Physician Assistant Practice Act of 1987 is | 5 | | amended by changing Sections 4 and 21 and by adding Section 7.8 | 6 | | as follows:
| 7 | | (225 ILCS 95/4) (from Ch. 111, par. 4604)
| 8 | | (Section scheduled to be repealed on January 1, 2018)
| 9 | | Sec. 4. In this Act:
| 10 | | 1. "Department" means the Department of Financial and
| 11 | | Professional Regulation.
| 12 | | 2. "Secretary" means the Secretary
of Financial and | 13 | | Professional Regulation.
| 14 | | 3. "Physician assistant" means any person who has been
| 15 | | certified as a physician assistant by the National Commission | 16 | | on the
Certification of Physician Assistants or equivalent | 17 | | successor agency and
performs procedures under the supervision | 18 | | of a physician as defined in this
Act. A physician assistant | 19 | | may perform such procedures within the
specialty of the | 20 | | supervising physician, except that such physician shall
| 21 | | exercise such direction, supervision and control over such | 22 | | physician
assistants as will assure that patients shall receive | 23 | | quality medical
care. Physician assistants shall be capable of | 24 | | performing a variety of tasks
within the specialty of medical |
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| 1 | | care under the supervision of a physician.
Supervision of the | 2 | | physician assistant shall not be construed to
necessarily | 3 | | require the personal presence of the supervising physician at
| 4 | | all times at the place where services are rendered, as long as | 5 | | there is
communication available for consultation by radio, | 6 | | telephone or
telecommunications within established guidelines | 7 | | as determined by the
physician/physician assistant team. The | 8 | | supervising physician may delegate
tasks and duties to the | 9 | | physician assistant. Delegated tasks or duties
shall be | 10 | | consistent with physician assistant education, training, and
| 11 | | experience. The delegated tasks or duties shall be specific to | 12 | | the
practice setting and shall be implemented and reviewed | 13 | | under a written supervision agreement
established by the | 14 | | physician or physician/physician assistant team. A
physician | 15 | | assistant, acting as an agent of the physician, shall be
| 16 | | permitted to transmit the supervising physician's orders as | 17 | | determined by
the institution's by-laws, policies, procedures, | 18 | | or job description within
which the physician/physician | 19 | | assistant team practices. Physician
assistants shall practice | 20 | | only in accordance with a written supervision agreement.
| 21 | | 4. "Board" means the Medical Licensing Board
constituted | 22 | | under the Medical Practice Act of 1987.
| 23 | | 5. "Disciplinary Board" means the Medical Disciplinary | 24 | | Board constituted
under the Medical Practice Act of 1987.
| 25 | | 6. "Physician" means, for purposes of this Act, a person | 26 | | licensed to
practice medicine in all its branches under the |
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| 1 | | Medical Practice Act of 1987.
| 2 | | 7. "Supervising Physician" means, for the purposes of this | 3 | | Act, the
primary supervising physician of a physician | 4 | | assistant, who, within his
specialty and expertise may delegate | 5 | | a variety of tasks and procedures to
the physician assistant. | 6 | | Such tasks and procedures shall be delegated
in accordance with | 7 | | a written supervision agreement. The supervising physician | 8 | | maintains the
final responsibility for the care of the patient | 9 | | and the performance of the
physician assistant.
| 10 | | 8. "Alternate supervising physician" means, for the | 11 | | purpose of this Act,
any physician designated by the | 12 | | supervising physician to provide
supervision in the event that | 13 | | he or she is unable to provide that supervision. The Department | 14 | | may further define "alternate supervising physician" by rule.
| 15 | | The alternate supervising physicians shall maintain all | 16 | | the same
responsibilities as the supervising physician. | 17 | | Nothing in this Act shall
be construed as relieving any | 18 | | physician of the professional or legal
responsibility for the | 19 | | care and treatment of persons attended by him or by
physician | 20 | | assistants under his supervision. Nothing in this Act shall be
| 21 | | construed as to limit the reasonable number of alternate | 22 | | supervising
physicians, provided they are designated by the | 23 | | supervising physician. | 24 | | 9. "Address of record" means the designated address | 25 | | recorded by the Department in the applicant's or licensee's | 26 | | application file or license file maintained by the Department's |
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| 1 | | licensure maintenance unit. It is the duty of the applicant or | 2 | | licensee to inform the Department of any change of address, and | 3 | | such changes must be made either through the Department's | 4 | | website or by contacting the Department's licensure | 5 | | maintenance unit.
| 6 | | 10. "Hospital affiliate" means a corporation, partnership, | 7 | | joint venture, limited liability company, or similar | 8 | | organization, other than a hospital, that is devoted primarily | 9 | | to the provision, management, or support of health care | 10 | | services and that directly or indirectly controls, is | 11 | | controlled by, or is under common control of the hospital. For | 12 | | the purposes of this definition, "control" means having at | 13 | | least an equal or a majority ownership or membership interest. | 14 | | A hospital affiliate shall be 100% owned or controlled by any | 15 | | combination of hospitals, their parent corporations, or | 16 | | physicians licensed to practice medicine in all its branches in | 17 | | Illinois. "Hospital affiliate" does not include a health | 18 | | maintenance organization regulated under the Health | 19 | | Maintenance Organization Act. | 20 | | 11. "Autism spectrum disorder" means a neurobiological | 21 | | disorder, including autism, regressive autism, Asperger | 22 | | Syndrome, and pervasive developmental disorders not otherwise | 23 | | specified (PDD-NOS). | 24 | | 12. "Clinical symptomatology" means any indication of | 25 | | disorder or disease when experienced by an individual as a | 26 | | change from normal function, sensation, or appearance. |
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| 1 | | 13. "Co-occurring or otherwise diagnosed medical | 2 | | condition" means a simultaneous illness, condition, injury, | 3 | | disease, pathology, or disability that is not primarily | 4 | | diagnosed as an autism spectrum disorder. | 5 | | 14. "Medically necessary treatment" means any care, | 6 | | treatment, intervention, service, or item that will or is | 7 | | reasonably expected to do any of the following: (i) prevent the | 8 | | onset of an illness, condition, injury, disease, or disability; | 9 | | (ii) reduce or ameliorate the physical, mental, or | 10 | | developmental effects of an illness, condition, injury, | 11 | | disease, or disability; or (iii) assist to achieve or maintain | 12 | | maximum functional activity in performing daily activities. | 13 | | 15. "Pathophysiological" means the functional alterations | 14 | | in the body related to a disease or syndrome. | 15 | | (Source: P.A. 99-330, eff. 1-1-16.)
| 16 | | (225 ILCS 95/7.8 new) | 17 | | Sec. 7.8. Treatment of persons with an autism spectrum | 18 | | disorder. | 19 | | (a) A physician assistant shall evaluate persons diagnosed | 20 | | with an autism spectrum disorder for co-occurring or otherwise | 21 | | diagnosed medical conditions when clinical symptomatology is | 22 | | present or suspected and prescribe appropriate medically | 23 | | necessary treatments in alignment with care practices for the | 24 | | condition, illness, injury, disease, or disability. | 25 | | A physician assistant may consider, without limitation, |
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| 1 | | whether or not a medication or any ingredient, allergen, | 2 | | potential toxicant, or artificial agent may exacerbate | 3 | | clinical symptomatology of autism spectrum disorder or a | 4 | | related or co-occurring or otherwise diagnosed medical | 5 | | condition and, if so, may consider adopting measures that would | 6 | | result in the reduction or elimination of risk to the patient. | 7 | | (b) Persons diagnosed with an autism spectrum disorder or a | 8 | | related disorder shall not be discriminated against in | 9 | | receiving an accurate medical assessment, laboratory or | 10 | | clinical testing, a diagnosis, or treatment of co-occurring or | 11 | | otherwise diagnosed medical conditions because he or she is | 12 | | also diagnosed with an autism spectrum disorder. Any person | 13 | | discriminated against in receiving an accurate medical | 14 | | assessment, evaluation, a diagnosis, or treatment from a | 15 | | physician assistant because he or she is also diagnosed with an | 16 | | autism spectrum disorder may report the incident to the | 17 | | Department. The Department may adopt rules to redress | 18 | | discriminatory practices if warranted. | 19 | | (c) A person with an autism spectrum disorder, or the | 20 | | person's parent or legal guardian on his or her behalf, shall | 21 | | not be deprived of the right to seek further medical opinions | 22 | | if the physician assistant is not providing adequate medical | 23 | | care to meet the needs of the patient. A parent or legal | 24 | | guardian shall not be threatened with loss of parental or legal | 25 | | guardianship rights for a person with autism spectrum disorder | 26 | | for pursuing additional medical expertise, especially in the |
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| 1 | | case of trying to ascertain appropriate identification and | 2 | | diagnosis of underlying or co-occurring medical conditions | 3 | | that may or may not be exacerbating symptoms primarily | 4 | | associated with an autism spectrum disorder. | 5 | | An individual diagnosed as having an autism spectrum | 6 | | disorder or his or her parent or legal guardian shall not be | 7 | | denied the right to pursue medical interventions or treatments | 8 | | that may help to ameliorate or improve the symptoms primarily | 9 | | associated with an autism spectrum disorder or co-occurring or | 10 | | otherwise diagnosed medical condition. | 11 | | An individual diagnosed as having an autism spectrum | 12 | | disorder or his or her parent or legal guardian shall not be | 13 | | denied the right to decline a medical treatment or intervention | 14 | | that may exacerbate or worsen any debilitating symptoms | 15 | | associated with an autism spectrum disorder or an underlying or | 16 | | co-occurring or otherwise diagnosed medical condition. | 17 | | (d) Physician assistants who treat persons with autism | 18 | | spectrum disorders are encouraged to obtain continuing | 19 | | education credits that address training in evaluation, | 20 | | diagnosis, and treatments for co-occurring and otherwise | 21 | | diagnosed pathophysiological conditions in autism spectrum | 22 | | disorders to promote and align standard of care practices to | 23 | | reflect emerging clinical findings and promising practices | 24 | | derived from improved patient outcomes.
| 25 | | (225 ILCS 95/21) (from Ch. 111, par. 4621)
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| 1 | | (Section scheduled to be repealed on January 1, 2018)
| 2 | | Sec. 21. Grounds for disciplinary action.
| 3 | | (a) The Department may refuse to issue or to renew, or may
| 4 | | revoke, suspend, place on probation, censure or reprimand, or | 5 | | take other
disciplinary or non-disciplinary action with regard | 6 | | to any license issued under this Act as the
Department may deem | 7 | | proper, including the issuance of fines not to exceed
$10,000
| 8 | | for each violation, for any one or combination of the following | 9 | | causes:
| 10 | | (1) Material misstatement in furnishing information to | 11 | | the Department.
| 12 | | (2) Violations of this Act, or the rules adopted under | 13 | | this Act.
| 14 | | (3) Conviction of or entry of a plea of guilty or nolo | 15 | | contendere to any crime that is a felony under the laws of | 16 | | the United States or any state or territory thereof
or that | 17 | | is a misdemeanor
of which an essential element is
| 18 | | dishonesty or
that
is directly related to the practice of | 19 | | the
profession.
| 20 | | (4) Making any misrepresentation for the purpose of | 21 | | obtaining licenses.
| 22 | | (5) Professional incompetence.
| 23 | | (6) Aiding or assisting another person in violating any | 24 | | provision of this
Act or its rules.
| 25 | | (7) Failing, within 60 days, to provide information in | 26 | | response to a
written request made by the Department.
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| 1 | | (8) Engaging in dishonorable, unethical, or | 2 | | unprofessional conduct, as
defined by rule, of a character | 3 | | likely to deceive, defraud, or harm the public.
| 4 | | (9) Habitual or excessive use or addiction to alcohol, | 5 | | narcotics,
stimulants, or any other chemical agent or drug | 6 | | that results in a physician
assistant's inability to | 7 | | practice with reasonable judgment, skill, or safety.
| 8 | | (10) Discipline by another U.S. jurisdiction or | 9 | | foreign nation, if at
least one of the grounds for | 10 | | discipline is the same or substantially equivalent
to those | 11 | | set forth in this Section.
| 12 | | (11) Directly or indirectly giving to or receiving from | 13 | | any person, firm,
corporation, partnership, or association | 14 | | any fee, commission, rebate or
other form of compensation | 15 | | for any professional services not actually or
personally | 16 | | rendered. Nothing in this paragraph (11) affects any bona | 17 | | fide independent contractor or employment arrangements, | 18 | | which may include provisions for compensation, health | 19 | | insurance, pension, or other employment benefits, with | 20 | | persons or entities authorized under this Act for the | 21 | | provision of services within the scope of the licensee's | 22 | | practice under this Act.
| 23 | | (12) A finding by the Disciplinary Board that the | 24 | | licensee, after having
his or her license placed on | 25 | | probationary status has violated the terms of
probation.
| 26 | | (13) Abandonment of a patient.
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| 1 | | (14) Willfully making or filing false records or | 2 | | reports in his or her
practice, including but not limited | 3 | | to false records filed with state agencies
or departments.
| 4 | | (15) Willfully failing to report an instance of | 5 | | suspected child abuse or
neglect as required by the Abused | 6 | | and Neglected Child Reporting Act.
| 7 | | (16) Physical illness, or mental illness or impairment
| 8 | | that results in the inability to practice the profession | 9 | | with
reasonable judgment, skill, or safety, including, but | 10 | | not limited to, deterioration through the aging process or | 11 | | loss of motor skill.
| 12 | | (17) Being named as a perpetrator in an indicated | 13 | | report by the
Department of Children and Family Services | 14 | | under the Abused and
Neglected Child Reporting Act, and | 15 | | upon proof by clear and convincing evidence
that the | 16 | | licensee has caused a child to be an abused child or | 17 | | neglected child
as defined in the Abused and Neglected | 18 | | Child Reporting Act.
| 19 | | (18) (Blank).
| 20 | | (19) Gross negligence
resulting in permanent injury or | 21 | | death
of a patient.
| 22 | | (20) Employment of fraud, deception or any unlawful | 23 | | means in applying for
or securing a license as a physician | 24 | | assistant.
| 25 | | (21) Exceeding the authority delegated to him or her by | 26 | | his or her
supervising physician in a written supervision |
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| 1 | | agreement.
| 2 | | (22) Immoral conduct in the commission of any act, such | 3 | | as sexual abuse,
sexual misconduct or sexual exploitation | 4 | | related to the licensee's practice.
| 5 | | (23) Violation of the Health Care Worker Self-Referral | 6 | | Act.
| 7 | | (24) Practicing under a false or assumed name, except | 8 | | as provided by law.
| 9 | | (25) Making a false or misleading statement regarding | 10 | | his or her skill or
the efficacy or value of the medicine, | 11 | | treatment, or remedy prescribed by him
or her in the course | 12 | | of treatment.
| 13 | | (26) Allowing another person to use his or her license | 14 | | to practice.
| 15 | | (27) Prescribing, selling, administering, | 16 | | distributing, giving, or
self-administering a drug | 17 | | classified as a controlled substance (designated
product) | 18 | | or narcotic for other than medically-accepted therapeutic | 19 | | purposes.
| 20 | | (28) Promotion of the sale of drugs, devices, | 21 | | appliances, or goods
provided for a patient in a manner to | 22 | | exploit the patient for financial gain.
| 23 | | (29) A pattern of practice or other behavior that | 24 | | demonstrates incapacity
or incompetence to practice under | 25 | | this Act.
| 26 | | (30) Violating State or federal laws or regulations |
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| 1 | | relating to controlled
substances or other legend drugs.
| 2 | | (31) Exceeding the prescriptive authority delegated by | 3 | | the
supervising physician or violating the written | 4 | | supervision agreement delegating that
authority.
| 5 | | (32) Practicing without providing to the Department a | 6 | | notice of
supervision or delegation of
prescriptive | 7 | | authority.
| 8 | | (b) The Department may, without a hearing, refuse to issue | 9 | | or renew or may suspend the license of any
person who fails to | 10 | | file a return, or to pay the tax, penalty or interest
shown in | 11 | | a filed return, or to pay any final assessment of the tax,
| 12 | | penalty, or interest as required by any tax Act administered by | 13 | | the
Illinois Department of Revenue, until such time as the | 14 | | requirements of any
such tax Act are satisfied.
| 15 | | (c) The determination by a circuit court that a licensee is | 16 | | subject to
involuntary admission or judicial admission as | 17 | | provided in the Mental Health
and Developmental Disabilities | 18 | | Code operates as an automatic suspension.
The
suspension will | 19 | | end only upon a finding by a court that the patient is no
| 20 | | longer subject to involuntary admission or judicial admission | 21 | | and issues an
order so finding and discharging the patient, and | 22 | | upon the
recommendation of
the Disciplinary Board to the | 23 | | Secretary
that the licensee be allowed to resume
his or her | 24 | | practice.
| 25 | | (d) In enforcing this Section, the Department upon a | 26 | | showing of a
possible
violation may compel an individual |
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| 1 | | licensed to practice under this Act, or
who has applied for | 2 | | licensure under this Act, to submit
to a mental or physical | 3 | | examination, or both, as required by and at the expense
of the | 4 | | Department. The Department may order the examining physician to
| 5 | | present
testimony concerning the mental or physical | 6 | | examination of the licensee or
applicant. No information shall | 7 | | be excluded by reason of any common law or
statutory privilege | 8 | | relating to communications between the licensee or
applicant | 9 | | and the examining physician. The examining
physicians
shall be | 10 | | specifically designated by the Department.
The individual to be | 11 | | examined may have, at his or her own expense, another
physician | 12 | | of his or her choice present during all
aspects of this | 13 | | examination. Failure of an individual to submit to a mental
or
| 14 | | physical examination, when directed, shall be grounds for | 15 | | suspension of his or
her
license until the individual submits | 16 | | to the examination if the Department
finds,
after notice and | 17 | | hearing, that the refusal to submit to the examination was
| 18 | | without reasonable cause.
| 19 | | If the Department finds an individual unable to practice | 20 | | because of
the
reasons
set forth in this Section, the | 21 | | Department may require that individual
to submit
to
care, | 22 | | counseling, or treatment by physicians approved
or designated | 23 | | by the Department, as a condition, term, or restriction
for | 24 | | continued,
reinstated, or
renewed licensure to practice; or, in | 25 | | lieu of care, counseling, or treatment,
the Department may file
| 26 | | a complaint to immediately
suspend, revoke, or otherwise |
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| 1 | | discipline the license of the individual.
An individual whose
| 2 | | license was granted, continued, reinstated, renewed, | 3 | | disciplined, or supervised
subject to such terms, conditions, | 4 | | or restrictions, and who fails to comply
with
such terms, | 5 | | conditions, or restrictions, shall be referred to the Secretary
| 6 | | for
a
determination as to whether the individual shall have his | 7 | | or her license
suspended immediately, pending a hearing by the | 8 | | Department.
| 9 | | In instances in which the Secretary
immediately suspends a | 10 | | person's license
under this Section, a hearing on that person's | 11 | | license must be convened by
the Department within 30
days after | 12 | | the suspension and completed without
appreciable
delay.
The | 13 | | Department shall have the authority to review the subject
| 14 | | individual's record of
treatment and counseling regarding the | 15 | | impairment to the extent permitted by
applicable federal | 16 | | statutes and regulations safeguarding the confidentiality of
| 17 | | medical records.
| 18 | | An individual licensed under this Act and affected under | 19 | | this Section shall
be
afforded an opportunity to demonstrate to | 20 | | the Department that he or
she can resume
practice in compliance | 21 | | with acceptable and prevailing standards under the
provisions | 22 | | of his or her license.
| 23 | | (e) A physician assistant may not be disciplined by the | 24 | | Department under this Act solely for the evaluation or | 25 | | provision of appropriate medically necessary treatment for | 26 | | co-occurring or otherwise diagnosed medical conditions for a |
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| 1 | | patient because the patient is also diagnosed with an autism | 2 | | spectrum disorder when clinical symptomatology is suspected or | 3 | | present or clinical investigation, examination, or testing is | 4 | | warranted. A physician assistant may refer the patient as | 5 | | necessary for additional evaluation, diagnosis, and treatment | 6 | | to achieve appropriate clinical and medically necessary | 7 | | treatment objectives. | 8 | | (Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09; | 9 | | 96-1482, eff. 11-29-10.)
| 10 | | Section 30. The Medical Patient Rights Act is amended by | 11 | | adding Section 5.3 as follows: | 12 | | (410 ILCS 50/5.3 new) | 13 | | Sec. 5.3. Autism spectrum disorder; discrimination. | 14 | | (a) As used in this Section: | 15 | | "Autism spectrum disorder" means a neurobiological | 16 | | disorder, including autism, regressive autism, Asperger | 17 | | Syndrome, and pervasive developmental disorders not otherwise | 18 | | specified (PDD-NOS). | 19 | | "Clinical symptomatology" means any indication of disorder | 20 | | or disease when experienced by an individual as a change from | 21 | | normal function, sensation, or appearance. | 22 | | "Co-occurring or otherwise diagnosed medical condition" | 23 | | means a simultaneous illness, condition, injury, disease, | 24 | | pathology, or disability that is not primarily diagnosed as an |
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| 1 | | autism spectrum disorder. | 2 | | (b) A person diagnosed with an autism spectrum disorder | 3 | | shall not be discriminated against in receiving accurate | 4 | | medical assessment, laboratory or clinical testing, diagnosis, | 5 | | and treatment of co-occurring or otherwise diagnosed medical | 6 | | conditions because they are also diagnosed with an autism | 7 | | spectrum disorder. | 8 | | (c) Any person discriminated against in receiving an | 9 | | accurate medical assessment, evaluation, diagnosis, or | 10 | | treatment from a health care provider because he or she is also | 11 | | diagnosed with an autism spectrum disorder may report the | 12 | | incident to the Department of Public Health. The Department may | 13 | | adopt rules to redress discriminatory practices if warranted. | 14 | | (d) A person with autism spectrum disorder, or the person's | 15 | | parent or legal guardian on his or her behalf, shall not be | 16 | | deprived of the right to seek further medical consultation if | 17 | | he or she believes the health care provider is not providing | 18 | | adequate medical care to meet the needs of the patient. A | 19 | | parent or legal guardian shall not be threatened with loss of | 20 | | parental or legal guardianship rights for a person with autism | 21 | | spectrum disorder for pursuing additional medical expertise, | 22 | | especially in the case of trying to ascertain appropriate | 23 | | identification and diagnosis of underlying or co-occurring or | 24 | | otherwise diagnosed medical conditions that may or may not be | 25 | | exacerbating symptoms primarily associated with an autism | 26 | | spectrum disorder. |
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| 1 | | (e) An individual diagnosed as having an autism spectrum | 2 | | disorder, or his or her parent or legal guardian, shall not be | 3 | | denied the right to pursue medical interventions that may help | 4 | | to ameliorate or improve any adverse symptoms primarily | 5 | | associated with an autism spectrum disorder or co-occurring or | 6 | | otherwise diagnosed medical condition. | 7 | | (f) An individual diagnosed as having an autism spectrum | 8 | | disorder, or his or her parent or legal guardian, shall not be | 9 | | denied the right to choose or decline medical treatment that | 10 | | may help to ameliorate or improve the symptoms primarily | 11 | | associated with an autism spectrum disorder or co-occurring or | 12 | | otherwise diagnosed medical condition. ".
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