Full Text of HB0281 100th General Assembly
HB0281ham001 100TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/7/2017
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| 1 | | AMENDMENT TO HOUSE BILL 281
| 2 | | AMENDMENT NO. ______. Amend House Bill 281 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Administration of Psychotropic Medications | 5 | | to Children Act is amended by changing Section 5 and by adding | 6 | | Section 7 as follows: | 7 | | (20 ILCS 535/5)
| 8 | | Sec. 5. Administration of psychotropic medications. On or | 9 | | before October 1, 2011, the Department of Children and Family | 10 | | Services shall promulgate final rules, amending its current | 11 | | rules establishing and maintaining standards and procedures to | 12 | | govern the administration of psychotropic medications. Such | 13 | | amendments to its rules shall include, but are not limited to, | 14 | | the following: | 15 | | (a) The role of the Department in the administration of | 16 | | psychotropic medications to youth for whom it is legally |
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| 1 | | responsible and who are in facilities operated by the Illinois | 2 | | Department of Corrections or the Illinois Department of | 3 | | Juvenile Justice. | 4 | | (b) Provisions regarding the administration of | 5 | | psychotropic medications for youth for whom the Department is | 6 | | legally responsible and who are in residential facilities, | 7 | | group homes, transitional living programs, or foster homes | 8 | | where the youth is under the age of 18 or where the youth is 18 | 9 | | or older and has provided the Department with appropriate | 10 | | consent. | 11 | | (b-5) Provisions requiring the Department to distribute | 12 | | treatment guidelines on an annual basis to all persons licensed | 13 | | under the Medical Practice Act of 1987 to practice medicine in | 14 | | all of its branches who prescribe psychotropic medications to | 15 | | youth for whom the Department is legally responsible. | 16 | | (c) Provisions regarding the administration of | 17 | | psychotropic medications for youth for whom the Department is | 18 | | legally responsible and who are in psychiatric hospitals. | 19 | | (d) Provisions concerning the emergency use of | 20 | | psychotropic medications, including appropriate and timely | 21 | | reporting. | 22 | | (e) Provisions prohibiting the administration of | 23 | | psychotropic medications to persons for whom the Department is | 24 | | legally responsible as punishment for bad behavior, for the | 25 | | convenience of staff or caregivers, or as a substitute for | 26 | | adequate mental health care or other services. |
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| 1 | | (f) The creation of a committee to develop, post on a | 2 | | website, and periodically review materials listing which | 3 | | psychotropic medications are approved for use with youth for | 4 | | whom the Department has legal responsibility. The materials | 5 | | shall include guidelines for the use of psychotropic | 6 | | medications and may include the acceptable range of dosages, | 7 | | contraindications, and time limits, if any, and such other | 8 | | topics necessary to ensure the safe and appropriate use of | 9 | | psychotropic medications. | 10 | | (g) Provisions regarding the appointment, qualifications, | 11 | | and training of employees of the Department who are authorized | 12 | | to consent to the administration of psychotropic medications to | 13 | | youth for whom the Department has legal responsibility, | 14 | | including the scope of the authority of such persons. | 15 | | (h) Provisions regarding training and materials for | 16 | | parents, foster parents, and relative caretakers concerning | 17 | | the rules governing the use of psychotropic medications with | 18 | | youth for whom the Department has legal responsibility. | 19 | | (i) With respect to any youth under the age of 18 for whom | 20 | | the Department has legal responsibility and who does not assent | 21 | | to the administration of recommended psychotropic medication, | 22 | | provisions providing standards and procedures for reviewing | 23 | | the youth's concerns. With respect to any youth over the age of | 24 | | 18 for whom the Department has legal responsibility and who | 25 | | does not consent to the administration of recommended | 26 | | psychotropic medication, provisions providing standards and |
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| 1 | | procedures for reviewing the youth's concerns upon the youth's | 2 | | request and with the youth's consent. Standards and procedures | 3 | | developed under this subsection shall not be inconsistent with | 4 | | the Mental Health and Developmental Disabilities Code. | 5 | | (j) Provisions ensuring that, subject to all relevant | 6 | | confidentiality laws, service plans for youth for whom the | 7 | | Department has legal responsibility include the following | 8 | | information: | 9 | | (1) Identification by name and dosage of the | 10 | | psychotropic medication known by the Department to have | 11 | | been administered to the youth since the last service plan. | 12 | | (2) The benefits of the psychotropic medication. | 13 | | (3) The negative side effects of the psychotropic | 14 | | medication.
| 15 | | (Source: P.A. 97-245, eff. 8-4-11.) | 16 | | (20 ILCS 535/7 new) | 17 | | Sec. 7. Annual reports on prescribing patterns. | 18 | | (a) No later than December 31, 2018, and December 31 of | 19 | | each year thereafter, the Department shall prepare and submit | 20 | | an annual report, covering the previous fiscal year, to the | 21 | | General Assembly concerning the administration of psychotropic | 22 | | medication to youth for whom it is legally responsible. This | 23 | | report shall include, but is not limited to, pharmacy claims | 24 | | data for youth for whom the Department is legally responsible | 25 | | for each of the following: |
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| 1 | | (1) The total number of youths with approved requests | 2 | | for psychotropic medication during the reporting period. | 3 | | (2) The youth categorized by age groups 0 through 6, 7 | 4 | | through 12, or 13 through 17 and further categorized by | 5 | | gender and the number and type of medication prescribed. | 6 | | (3) The number of physicians who have prescribed | 7 | | psychotropic medication to youth for whom the Department is | 8 | | legally responsible with consent of the guardian. | 9 | | (4) The number of physicians who have prescribed | 10 | | psychotropic medication to youth for whom the Department is | 11 | | legally responsible without consent of the guardian. | 12 | | Prior to the release of this data, personal identifiers, | 13 | | such as name, date of birth, address, and Social Security | 14 | | number, shall be removed and a unique identifier shall be | 15 | | submitted. | 16 | | (b) For each youth who falls into one of the categories | 17 | | described in subsection (a), the Department shall maintain a | 18 | | record of the following information: | 19 | | (1) a list of the psychotropic medications prescribed; | 20 | | (2) the consent date for each psychotropic medication | 21 | | prescribed; | 22 | | (3) the prescriber's name and contact information; | 23 | | (4) the youth's year of birth; | 24 | | (5) the diagnoses received on each youth; and | 25 | | (6) the youth's weight. | 26 | | (c) The Department may contract for consulting services |
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| 1 | | from, if available, a psychiatrist who has expertise and | 2 | | specializes in pediatric care for the purpose of reviewing the | 3 | | data provided to the General Assembly in subsection (a). | 4 | | (d) Using information gathered from subsection (a), the | 5 | | Department shall analyze prescribing patterns by population | 6 | | for youth for whom it is legally responsible. | 7 | | | 8 | | Section 10. The Medical Practice Act of 1987 is amended by | 9 | | changing Section 22 as follows:
| 10 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 11 | | (Section scheduled to be repealed on December 31, 2017)
| 12 | | Sec. 22. Disciplinary action.
| 13 | | (A) The Department may revoke, suspend, place on probation, | 14 | | reprimand, refuse to issue or renew, or take any other | 15 | | disciplinary or non-disciplinary action as the Department may | 16 | | deem proper
with regard to the license or permit of any person | 17 | | issued
under this Act, including imposing fines not to exceed | 18 | | $10,000 for each violation, upon any of the following grounds:
| 19 | | (1) Performance of an elective abortion in any place, | 20 | | locale,
facility, or
institution other than:
| 21 | | (a) a facility licensed pursuant to the Ambulatory | 22 | | Surgical Treatment
Center Act;
| 23 | | (b) an institution licensed under the Hospital | 24 | | Licensing Act;
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| 1 | | (c) an ambulatory surgical treatment center or | 2 | | hospitalization or care
facility maintained by the | 3 | | State or any agency thereof, where such department
or | 4 | | agency has authority under law to establish and enforce | 5 | | standards for the
ambulatory surgical treatment | 6 | | centers, hospitalization, or care facilities
under its | 7 | | management and control;
| 8 | | (d) ambulatory surgical treatment centers, | 9 | | hospitalization or care
facilities maintained by the | 10 | | Federal Government; or
| 11 | | (e) ambulatory surgical treatment centers, | 12 | | hospitalization or care
facilities maintained by any | 13 | | university or college established under the laws
of | 14 | | this State and supported principally by public funds | 15 | | raised by
taxation.
| 16 | | (2) Performance of an abortion procedure in a wilful | 17 | | and wanton
manner on a
woman who was not pregnant at the | 18 | | time the abortion procedure was
performed.
| 19 | | (3) A plea of guilty or nolo contendere, finding of | 20 | | guilt, jury verdict, or entry of judgment or sentencing, | 21 | | including, but not limited to, convictions, preceding | 22 | | sentences of supervision, conditional discharge, or first | 23 | | offender probation, under the laws of any jurisdiction of | 24 | | the United States of any crime that is a felony.
| 25 | | (4) Gross negligence in practice under this Act.
| 26 | | (5) Engaging in dishonorable, unethical or |
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| 1 | | unprofessional
conduct of a
character likely to deceive, | 2 | | defraud or harm the public.
| 3 | | (6) Obtaining any fee by fraud, deceit, or
| 4 | | misrepresentation.
| 5 | | (7) Habitual or excessive use or abuse of drugs defined | 6 | | in law
as
controlled substances, of alcohol, or of any | 7 | | other substances which results in
the inability to practice | 8 | | with reasonable judgment, skill or safety.
| 9 | | (8) Practicing under a false or, except as provided by | 10 | | law, an
assumed
name.
| 11 | | (9) Fraud or misrepresentation in applying for, or | 12 | | procuring, a
license
under this Act or in connection with | 13 | | applying for renewal of a license under
this Act.
| 14 | | (10) Making a false or misleading statement regarding | 15 | | their
skill or the
efficacy or value of the medicine, | 16 | | treatment, or remedy prescribed by them at
their direction | 17 | | in the treatment of any disease or other condition of the | 18 | | body
or mind.
| 19 | | (11) Allowing another person or organization to use | 20 | | their
license, procured
under this Act, to practice.
| 21 | | (12) Adverse action taken by another state or | 22 | | jurisdiction
against a license
or other authorization to | 23 | | practice as a medical doctor, doctor of osteopathy,
doctor | 24 | | of osteopathic medicine or
doctor of chiropractic, a | 25 | | certified copy of the record of the action taken by
the | 26 | | other state or jurisdiction being prima facie evidence |
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| 1 | | thereof. This includes any adverse action taken by a State | 2 | | or federal agency that prohibits a medical doctor, doctor | 3 | | of osteopathy, doctor of osteopathic medicine, or doctor of | 4 | | chiropractic from providing services to the agency's | 5 | | participants.
| 6 | | (13) Violation of any provision of this Act or of the | 7 | | Medical
Practice Act
prior to the repeal of that Act, or | 8 | | violation of the rules, or a final
administrative action of | 9 | | the Secretary, after consideration of the
recommendation | 10 | | of the Disciplinary Board.
| 11 | | (14) Violation of the prohibition against fee | 12 | | splitting in Section 22.2 of this Act.
| 13 | | (15) A finding by the Disciplinary Board that the
| 14 | | registrant after
having his or her license placed on | 15 | | probationary status or subjected to
conditions or | 16 | | restrictions violated the terms of the probation or failed | 17 | | to
comply with such terms or conditions.
| 18 | | (16) Abandonment of a patient.
| 19 | | (17) Prescribing, selling, administering, | 20 | | distributing, giving
or
self-administering any drug | 21 | | classified as a controlled substance (designated
product) | 22 | | or narcotic for other than medically accepted therapeutic
| 23 | | purposes.
| 24 | | (18) Promotion of the sale of drugs, devices, | 25 | | appliances or
goods provided
for a patient in such manner | 26 | | as to exploit the patient for financial gain of
the |
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| 1 | | physician.
| 2 | | (19) Offering, undertaking or agreeing to cure or treat
| 3 | | disease by a secret
method, procedure, treatment or | 4 | | medicine, or the treating, operating or
prescribing for any | 5 | | human condition by a method, means or procedure which the
| 6 | | licensee refuses to divulge upon demand of the Department.
| 7 | | (20) Immoral conduct in the commission of any act | 8 | | including,
but not limited to, commission of an act of | 9 | | sexual misconduct related to the
licensee's
practice.
| 10 | | (21) Wilfully making or filing false records or reports | 11 | | in his
or her
practice as a physician, including, but not | 12 | | limited to, false records to
support claims against the | 13 | | medical assistance program of the Department of Healthcare | 14 | | and Family Services (formerly Department of
Public Aid)
| 15 | | under the Illinois Public Aid Code.
| 16 | | (22) Wilful omission to file or record, or wilfully | 17 | | impeding
the filing or
recording, or inducing another | 18 | | person to omit to file or record, medical
reports as | 19 | | required by law, or wilfully failing to report an instance | 20 | | of
suspected abuse or neglect as required by law.
| 21 | | (23) Being named as a perpetrator in an indicated | 22 | | report by
the Department
of Children and Family Services | 23 | | under the Abused and Neglected Child Reporting
Act, and | 24 | | upon proof by clear and convincing evidence that the | 25 | | licensee has
caused a child to be an abused child or | 26 | | neglected child as defined in the
Abused and Neglected |
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| 1 | | Child Reporting Act.
| 2 | | (24) Solicitation of professional patronage by any
| 3 | | corporation, agents or
persons, or profiting from those | 4 | | representing themselves to be agents of the
licensee.
| 5 | | (25) Gross and wilful and continued overcharging for
| 6 | | professional services,
including filing false statements | 7 | | for collection of fees for which services are
not rendered, | 8 | | including, but not limited to, filing such false statements | 9 | | for
collection of monies for services not rendered from the | 10 | | medical assistance
program of the Department of Healthcare | 11 | | and Family Services (formerly Department of Public Aid)
| 12 | | under the Illinois Public Aid
Code.
| 13 | | (26) A pattern of practice or other behavior which
| 14 | | demonstrates
incapacity
or incompetence to practice under | 15 | | this Act.
| 16 | | (27) Mental illness or disability which results in the
| 17 | | inability to
practice under this Act with reasonable | 18 | | judgment, skill or safety.
| 19 | | (28) Physical illness, including, but not limited to,
| 20 | | deterioration through
the aging process, or loss of motor | 21 | | skill which results in a physician's
inability to practice | 22 | | under this Act with reasonable judgment, skill or
safety.
| 23 | | (29) Cheating on or attempt to subvert the licensing
| 24 | | examinations
administered under this Act.
| 25 | | (30) Wilfully or negligently violating the | 26 | | confidentiality
between
physician and patient except as |
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| 1 | | required by law.
| 2 | | (31) The use of any false, fraudulent, or deceptive | 3 | | statement
in any
document connected with practice under | 4 | | this Act.
| 5 | | (32) Aiding and abetting an individual not licensed | 6 | | under this
Act in the
practice of a profession licensed | 7 | | under this Act.
| 8 | | (33) Violating state or federal laws or regulations | 9 | | relating
to controlled
substances, legend
drugs, or | 10 | | ephedra as defined in the Ephedra Prohibition Act.
| 11 | | (34) Failure to report to the Department any adverse | 12 | | final
action taken
against them by another licensing | 13 | | jurisdiction (any other state or any
territory of the | 14 | | United States or any foreign state or country), by any peer
| 15 | | review body, by any health care institution, by any | 16 | | professional society or
association related to practice | 17 | | under this Act, by any governmental agency, by
any law | 18 | | enforcement agency, or by any court for acts or conduct | 19 | | similar to acts
or conduct which would constitute grounds | 20 | | for action as defined in this
Section.
| 21 | | (35) Failure to report to the Department surrender of a
| 22 | | license or
authorization to practice as a medical doctor, a | 23 | | doctor of osteopathy, a
doctor of osteopathic medicine, or | 24 | | doctor
of chiropractic in another state or jurisdiction, or | 25 | | surrender of membership on
any medical staff or in any | 26 | | medical or professional association or society,
while |
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| 1 | | under disciplinary investigation by any of those | 2 | | authorities or bodies,
for acts or conduct similar to acts | 3 | | or conduct which would constitute grounds
for action as | 4 | | defined in this Section.
| 5 | | (36) Failure to report to the Department any adverse | 6 | | judgment,
settlement,
or award arising from a liability | 7 | | claim related to acts or conduct similar to
acts or conduct | 8 | | which would constitute grounds for action as defined in | 9 | | this
Section.
| 10 | | (37) Failure to provide copies of medical records as | 11 | | required
by law.
| 12 | | (38) Failure to furnish the Department, its | 13 | | investigators or
representatives, relevant information, | 14 | | legally requested by the Department
after consultation | 15 | | with the Chief Medical Coordinator or the Deputy Medical
| 16 | | Coordinator.
| 17 | | (39) Violating the Health Care Worker Self-Referral
| 18 | | Act.
| 19 | | (40) Willful failure to provide notice when notice is | 20 | | required
under the
Parental Notice of Abortion Act of 1995.
| 21 | | (41) Failure to establish and maintain records of | 22 | | patient care and
treatment as required by this law.
| 23 | | (42) Entering into an excessive number of written | 24 | | collaborative
agreements with licensed advanced practice | 25 | | nurses resulting in an inability to
adequately | 26 | | collaborate.
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| 1 | | (43) Repeated failure to adequately collaborate with a | 2 | | licensed advanced practice nurse. | 3 | | (44) Violating the Compassionate Use of Medical | 4 | | Cannabis Pilot Program Act.
| 5 | | (45) Entering into an excessive number of written | 6 | | collaborative agreements with licensed prescribing | 7 | | psychologists resulting in an inability to adequately | 8 | | collaborate. | 9 | | (46) Repeated failure to adequately collaborate with a | 10 | | licensed prescribing psychologist. | 11 | | (47) Repeated acts of clearly excessive prescribing, | 12 | | furnishing, or administering psychotropic medications to a | 13 | | minor without a good faith prior examination of the patient | 14 | | and medical reason therefor. | 15 | | Except
for actions involving the ground numbered (26), all | 16 | | proceedings to suspend,
revoke, place on probationary status, | 17 | | or take any
other disciplinary action as the Department may | 18 | | deem proper, with regard to a
license on any of the foregoing | 19 | | grounds, must be commenced within 5 years next
after receipt by | 20 | | the Department of a complaint alleging the commission of or
| 21 | | notice of the conviction order for any of the acts described | 22 | | herein. Except
for the grounds numbered (8), (9), (26), and | 23 | | (29), no action shall be commenced more
than 10 years after the | 24 | | date of the incident or act alleged to have violated
this | 25 | | Section. For actions involving the ground numbered (26), a | 26 | | pattern of practice or other behavior includes all incidents |
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| 1 | | alleged to be part of the pattern of practice or other behavior | 2 | | that occurred, or a report pursuant to Section 23 of this Act | 3 | | received, within the 10-year period preceding the filing of the | 4 | | complaint. In the event of the settlement of any claim or cause | 5 | | of action
in favor of the claimant or the reduction to final | 6 | | judgment of any civil action
in favor of the plaintiff, such | 7 | | claim, cause of action or civil action being
grounded on the | 8 | | allegation that a person licensed under this Act was negligent
| 9 | | in providing care, the Department shall have an additional | 10 | | period of 2 years
from the date of notification to the | 11 | | Department under Section 23 of this Act
of such settlement or | 12 | | final judgment in which to investigate and
commence formal | 13 | | disciplinary proceedings under Section 36 of this Act, except
| 14 | | as otherwise provided by law. The time during which the holder | 15 | | of the license
was outside the State of Illinois shall not be | 16 | | included within any period of
time limiting the commencement of | 17 | | disciplinary action by the Department.
| 18 | | The entry of an order or judgment by any circuit court | 19 | | establishing that any
person holding a license under this Act | 20 | | is a person in need of mental treatment
operates as a | 21 | | suspension of that license. That person may resume their
| 22 | | practice only upon the entry of a Departmental order based upon | 23 | | a finding by
the Disciplinary Board that they have been | 24 | | determined to be recovered
from mental illness by the court and | 25 | | upon the Disciplinary Board's
recommendation that they be | 26 | | permitted to resume their practice.
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| 1 | | The Department may refuse to issue or take disciplinary | 2 | | action concerning the license of any person
who fails to file a | 3 | | return, or to pay the tax, penalty or interest shown in a
filed | 4 | | return, or to pay any final assessment of tax, penalty or | 5 | | interest, as
required by any tax Act administered by the | 6 | | Illinois Department of Revenue,
until such time as the | 7 | | requirements of any such tax Act are satisfied as
determined by | 8 | | the Illinois Department of Revenue.
| 9 | | The Department, upon the recommendation of the | 10 | | Disciplinary Board, shall
adopt rules which set forth standards | 11 | | to be used in determining:
| 12 | | (a) when a person will be deemed sufficiently | 13 | | rehabilitated to warrant the
public trust;
| 14 | | (b) what constitutes dishonorable, unethical or | 15 | | unprofessional conduct of
a character likely to deceive, | 16 | | defraud, or harm the public;
| 17 | | (c) what constitutes immoral conduct in the commission | 18 | | of any act,
including, but not limited to, commission of an | 19 | | act of sexual misconduct
related
to the licensee's | 20 | | practice; and
| 21 | | (d) what constitutes gross negligence in the practice | 22 | | of medicine.
| 23 | | However, no such rule shall be admissible into evidence in | 24 | | any civil action
except for review of a licensing or other | 25 | | disciplinary action under this Act.
| 26 | | In enforcing this Section, the Disciplinary Board or the |
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| 1 | | Licensing Board,
upon a showing of a possible violation, may | 2 | | compel, in the case of the Disciplinary Board, any individual | 3 | | who is licensed to
practice under this Act or holds a permit to | 4 | | practice under this Act, or, in the case of the Licensing | 5 | | Board, any individual who has applied for licensure or a permit
| 6 | | pursuant to this Act, to submit to a mental or physical | 7 | | examination and evaluation, or both,
which may include a | 8 | | substance abuse or sexual offender evaluation, as required by | 9 | | the Licensing Board or Disciplinary Board and at the expense of | 10 | | the Department. The Disciplinary Board or Licensing Board shall | 11 | | specifically designate the examining physician licensed to | 12 | | practice medicine in all of its branches or, if applicable, the | 13 | | multidisciplinary team involved in providing the mental or | 14 | | physical examination and evaluation, or both. The | 15 | | multidisciplinary team shall be led by a physician licensed to | 16 | | practice medicine in all of its branches and may consist of one | 17 | | or more or a combination of physicians licensed to practice | 18 | | medicine in all of its branches, licensed chiropractic | 19 | | physicians, licensed clinical psychologists, licensed clinical | 20 | | social workers, licensed clinical professional counselors, and | 21 | | other professional and administrative staff. Any examining | 22 | | physician or member of the multidisciplinary team may require | 23 | | any person ordered to submit to an examination and evaluation | 24 | | pursuant to this Section to submit to any additional | 25 | | supplemental testing deemed necessary to complete any | 26 | | examination or evaluation process, including, but not limited |
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| 1 | | to, blood testing, urinalysis, psychological testing, or | 2 | | neuropsychological testing.
The Disciplinary Board, the | 3 | | Licensing Board, or the Department may order the examining
| 4 | | physician or any member of the multidisciplinary team to | 5 | | provide to the Department, the Disciplinary Board, or the | 6 | | Licensing Board any and all records, including business | 7 | | records, that relate to the examination and evaluation, | 8 | | including any supplemental testing performed. The Disciplinary | 9 | | Board, the Licensing Board, or the Department may order the | 10 | | examining physician or any member of the multidisciplinary team | 11 | | to present testimony concerning this examination
and | 12 | | evaluation of the licensee, permit holder, or applicant, | 13 | | including testimony concerning any supplemental testing or | 14 | | documents relating to the examination and evaluation. No | 15 | | information, report, record, or other documents in any way | 16 | | related to the examination and evaluation shall be excluded by | 17 | | reason of
any common
law or statutory privilege relating to | 18 | | communication between the licensee, permit holder, or
| 19 | | applicant and
the examining physician or any member of the | 20 | | multidisciplinary team.
No authorization is necessary from the | 21 | | licensee, permit holder, or applicant ordered to undergo an | 22 | | evaluation and examination for the examining physician or any | 23 | | member of the multidisciplinary team to provide information, | 24 | | reports, records, or other documents or to provide any | 25 | | testimony regarding the examination and evaluation. The | 26 | | individual to be examined may have, at his or her own expense, |
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| 1 | | another
physician of his or her choice present during all | 2 | | aspects of the examination.
Failure of any individual to submit | 3 | | to mental or physical examination and evaluation, or both, when
| 4 | | directed, shall result in an automatic suspension, without | 5 | | hearing, until such time
as the individual submits to the | 6 | | examination. If the Disciplinary Board or Licensing Board finds | 7 | | a physician unable
to practice following an examination and | 8 | | evaluation because of the reasons set forth in this Section, | 9 | | the Disciplinary
Board or Licensing Board shall require such | 10 | | physician to submit to care, counseling, or treatment
by | 11 | | physicians, or other health care professionals, approved or | 12 | | designated by the Disciplinary Board, as a condition
for | 13 | | issued, continued, reinstated, or renewed licensure to | 14 | | practice. Any physician,
whose license was granted pursuant to | 15 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | 16 | | renewed, disciplined or supervised, subject to such
terms, | 17 | | conditions or restrictions who shall fail to comply with such | 18 | | terms,
conditions or restrictions, or to complete a required | 19 | | program of care,
counseling, or treatment, as determined by the | 20 | | Chief Medical Coordinator or
Deputy Medical Coordinators, | 21 | | shall be referred to the Secretary for a
determination as to | 22 | | whether the licensee shall have their license suspended
| 23 | | immediately, pending a hearing by the Disciplinary Board. In | 24 | | instances in
which the Secretary immediately suspends a license | 25 | | under this Section, a hearing
upon such person's license must | 26 | | be convened by the Disciplinary Board within 15
days after such |
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| 1 | | suspension and completed without appreciable delay. The
| 2 | | Disciplinary Board shall have the authority to review the | 3 | | subject physician's
record of treatment and counseling | 4 | | regarding the impairment, to the extent
permitted by applicable | 5 | | federal statutes and regulations safeguarding the
| 6 | | confidentiality of medical records.
| 7 | | An individual licensed under this Act, affected under this | 8 | | Section, shall be
afforded an opportunity to demonstrate to the | 9 | | Disciplinary Board that they can
resume practice in compliance | 10 | | with acceptable and prevailing standards under
the provisions | 11 | | of their license.
| 12 | | The Department may promulgate rules for the imposition of | 13 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 14 | | violation of this Act. Fines
may be imposed in conjunction with | 15 | | other forms of disciplinary action, but
shall not be the | 16 | | exclusive disposition of any disciplinary action arising out
of | 17 | | conduct resulting in death or injury to a patient. Any funds | 18 | | collected from
such fines shall be deposited in the Illinois | 19 | | State Medical Disciplinary Fund.
| 20 | | All fines imposed under this Section shall be paid within | 21 | | 60 days after the effective date of the order imposing the fine | 22 | | or in accordance with the terms set forth in the order imposing | 23 | | the fine. | 24 | | (B) The Department shall revoke the license or
permit | 25 | | issued under this Act to practice medicine or a chiropractic | 26 | | physician who
has been convicted a second time of committing |
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| 1 | | any felony under the
Illinois Controlled Substances Act or the | 2 | | Methamphetamine Control and Community Protection Act, or who | 3 | | has been convicted a second time of
committing a Class 1 felony | 4 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 5 | | person whose license or permit is revoked
under
this subsection | 6 | | B shall be prohibited from practicing
medicine or treating | 7 | | human ailments without the use of drugs and without
operative | 8 | | surgery.
| 9 | | (C) The Department shall not revoke, suspend, place on | 10 | | probation, reprimand, refuse to issue or renew, or take any | 11 | | other disciplinary or non-disciplinary action against the | 12 | | license or permit issued under this Act to practice medicine to | 13 | | a physician based solely upon the recommendation of the | 14 | | physician to an eligible patient regarding, or prescription | 15 | | for, or treatment with, an investigational drug, biological | 16 | | product, or device. | 17 | | (D) The Disciplinary Board shall recommend to the
| 18 | | Department civil
penalties and any other appropriate | 19 | | discipline in disciplinary cases when the
Board finds that a | 20 | | physician willfully performed an abortion with actual
| 21 | | knowledge that the person upon whom the abortion has been | 22 | | performed is a minor
or an incompetent person without notice as | 23 | | required under the Parental Notice
of Abortion Act of 1995. | 24 | | Upon the Board's recommendation, the Department shall
impose, | 25 | | for the first violation, a civil penalty of $1,000 and for a | 26 | | second or
subsequent violation, a civil penalty of $5,000.
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| 1 | | (Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14; | 2 | | 98-1140, eff. 12-30-14; 99-270, eff. 1-1-16; 99-933, eff. | 3 | | 1-27-17.)".
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