Full Text of HB0225 101st General Assembly
HB0225 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0225 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 225 ILCS 60/22 | from Ch. 111, par. 4400-22 |
|
Amends the Medical Practice Act of 1987. Removes provisions prohibiting the Department of Financial and Professional Regulation from disciplining a physician for experimental treatments for Lyme disease or other tick-borne diseases.
|
| |
| | A BILL FOR |
|
| | | HB0225 | | LRB101 05986 JRG 51007 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Medical Practice Act of 1987 is amended by | 5 | | changing Section 22 as follows:
| 6 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 7 | | (Section scheduled to be repealed on December 31, 2019)
| 8 | | Sec. 22. Disciplinary action.
| 9 | | (A) The Department may revoke, suspend, place on probation, | 10 | | reprimand, refuse to issue or renew, or take any other | 11 | | disciplinary or non-disciplinary action as the Department may | 12 | | deem proper
with regard to the license or permit of any person | 13 | | issued
under this Act, including imposing fines not to exceed | 14 | | $10,000 for each violation, upon any of the following grounds:
| 15 | | (1) Performance of an elective abortion in any place, | 16 | | locale,
facility, or
institution other than:
| 17 | | (a) a facility licensed pursuant to the Ambulatory | 18 | | Surgical Treatment
Center Act;
| 19 | | (b) an institution licensed under the Hospital | 20 | | Licensing Act;
| 21 | | (c) an ambulatory surgical treatment center or | 22 | | hospitalization or care
facility maintained by the | 23 | | State or any agency thereof, where such department
or |
| | | HB0225 | - 2 - | LRB101 05986 JRG 51007 b |
|
| 1 | | agency has authority under law to establish and enforce | 2 | | standards for the
ambulatory surgical treatment | 3 | | centers, hospitalization, or care facilities
under its | 4 | | management and control;
| 5 | | (d) ambulatory surgical treatment centers, | 6 | | hospitalization or care
facilities maintained by the | 7 | | Federal Government; or
| 8 | | (e) ambulatory surgical treatment centers, | 9 | | hospitalization or care
facilities maintained by any | 10 | | university or college established under the laws
of | 11 | | this State and supported principally by public funds | 12 | | raised by
taxation.
| 13 | | (2) Performance of an abortion procedure in a willful | 14 | | and wanton
manner on a
woman who was not pregnant at the | 15 | | time the abortion procedure was
performed.
| 16 | | (3) A plea of guilty or nolo contendere, finding of | 17 | | guilt, jury verdict, or entry of judgment or sentencing, | 18 | | including, but not limited to, convictions, preceding | 19 | | sentences of supervision, conditional discharge, or first | 20 | | offender probation, under the laws of any jurisdiction of | 21 | | the United States of any crime that is a felony.
| 22 | | (4) Gross negligence in practice under this Act.
| 23 | | (5) Engaging in dishonorable, unethical or | 24 | | unprofessional
conduct of a
character likely to deceive, | 25 | | defraud or harm the public.
| 26 | | (6) Obtaining any fee by fraud, deceit, or
|
| | | HB0225 | - 3 - | LRB101 05986 JRG 51007 b |
|
| 1 | | misrepresentation.
| 2 | | (7) Habitual or excessive use or abuse of drugs defined | 3 | | in law
as
controlled substances, of alcohol, or of any | 4 | | other substances which results in
the inability to practice | 5 | | with reasonable judgment, skill or safety.
| 6 | | (8) Practicing under a false or, except as provided by | 7 | | law, an
assumed
name.
| 8 | | (9) Fraud or misrepresentation in applying for, or | 9 | | procuring, a
license
under this Act or in connection with | 10 | | applying for renewal of a license under
this Act.
| 11 | | (10) Making a false or misleading statement regarding | 12 | | their
skill or the
efficacy or value of the medicine, | 13 | | treatment, or remedy prescribed by them at
their direction | 14 | | in the treatment of any disease or other condition of the | 15 | | body
or mind.
| 16 | | (11) Allowing another person or organization to use | 17 | | their
license, procured
under this Act, to practice.
| 18 | | (12) Adverse action taken by another state or | 19 | | jurisdiction
against a license
or other authorization to | 20 | | practice as a medical doctor, doctor of osteopathy,
doctor | 21 | | of osteopathic medicine or
doctor of chiropractic, a | 22 | | certified copy of the record of the action taken by
the | 23 | | other state or jurisdiction being prima facie evidence | 24 | | thereof. This includes any adverse action taken by a State | 25 | | or federal agency that prohibits a medical doctor, doctor | 26 | | of osteopathy, doctor of osteopathic medicine, or doctor of |
| | | HB0225 | - 4 - | LRB101 05986 JRG 51007 b |
|
| 1 | | chiropractic from providing services to the agency's | 2 | | participants.
| 3 | | (13) Violation of any provision of this Act or of the | 4 | | Medical
Practice Act
prior to the repeal of that Act, or | 5 | | violation of the rules, or a final
administrative action of | 6 | | the Secretary, after consideration of the
recommendation | 7 | | of the Disciplinary Board.
| 8 | | (14) Violation of the prohibition against fee | 9 | | splitting in Section 22.2 of this Act.
| 10 | | (15) A finding by the Disciplinary Board that the
| 11 | | registrant after
having his or her license placed on | 12 | | probationary status or subjected to
conditions or | 13 | | restrictions violated the terms of the probation or failed | 14 | | to
comply with such terms or conditions.
| 15 | | (16) Abandonment of a patient.
| 16 | | (17) Prescribing, selling, administering, | 17 | | distributing, giving
or
self-administering any drug | 18 | | classified as a controlled substance (designated
product) | 19 | | or narcotic for other than medically accepted therapeutic
| 20 | | purposes.
| 21 | | (18) Promotion of the sale of drugs, devices, | 22 | | appliances or
goods provided
for a patient in such manner | 23 | | as to exploit the patient for financial gain of
the | 24 | | physician.
| 25 | | (19) Offering, undertaking or agreeing to cure or treat
| 26 | | disease by a secret
method, procedure, treatment or |
| | | HB0225 | - 5 - | LRB101 05986 JRG 51007 b |
|
| 1 | | medicine, or the treating, operating or
prescribing for any | 2 | | human condition by a method, means or procedure which the
| 3 | | licensee refuses to divulge upon demand of the Department.
| 4 | | (20) Immoral conduct in the commission of any act | 5 | | including,
but not limited to, commission of an act of | 6 | | sexual misconduct related to the
licensee's
practice.
| 7 | | (21) Willfully making or filing false records or | 8 | | reports in his
or her
practice as a physician, including, | 9 | | but not limited to, false records to
support claims against | 10 | | the medical assistance program of the Department of | 11 | | Healthcare and Family Services (formerly Department of
| 12 | | Public Aid)
under the Illinois Public Aid Code.
| 13 | | (22) Willful omission to file or record, or willfully | 14 | | impeding
the filing or
recording, or inducing another | 15 | | person to omit to file or record, medical
reports as | 16 | | required by law, or willfully failing to report an instance | 17 | | of
suspected abuse or neglect as required by law.
| 18 | | (23) Being named as a perpetrator in an indicated | 19 | | report by
the Department
of Children and Family Services | 20 | | under the Abused and Neglected Child Reporting
Act, and | 21 | | upon proof by clear and convincing evidence that the | 22 | | licensee has
caused a child to be an abused child or | 23 | | neglected child as defined in the
Abused and Neglected | 24 | | Child Reporting Act.
| 25 | | (24) Solicitation of professional patronage by any
| 26 | | corporation, agents or
persons, or profiting from those |
| | | HB0225 | - 6 - | LRB101 05986 JRG 51007 b |
|
| 1 | | representing themselves to be agents of the
licensee.
| 2 | | (25) Gross and willful and continued overcharging for
| 3 | | professional services,
including filing false statements | 4 | | for collection of fees for which services are
not rendered, | 5 | | including, but not limited to, filing such false statements | 6 | | for
collection of monies for services not rendered from the | 7 | | medical assistance
program of the Department of Healthcare | 8 | | and Family Services (formerly Department of Public Aid)
| 9 | | under the Illinois Public Aid
Code.
| 10 | | (26) A pattern of practice or other behavior which
| 11 | | demonstrates
incapacity
or incompetence to practice under | 12 | | this Act.
| 13 | | (27) Mental illness or disability which results in the
| 14 | | inability to
practice under this Act with reasonable | 15 | | judgment, skill or safety.
| 16 | | (28) Physical illness, including, but not limited to,
| 17 | | deterioration through
the aging process, or loss of motor | 18 | | skill which results in a physician's
inability to practice | 19 | | under this Act with reasonable judgment, skill or
safety.
| 20 | | (29) Cheating on or attempt to subvert the licensing
| 21 | | examinations
administered under this Act.
| 22 | | (30) Willfully or negligently violating the | 23 | | confidentiality
between
physician and patient except as | 24 | | required by law.
| 25 | | (31) The use of any false, fraudulent, or deceptive | 26 | | statement
in any
document connected with practice under |
| | | HB0225 | - 7 - | LRB101 05986 JRG 51007 b |
|
| 1 | | this Act.
| 2 | | (32) Aiding and abetting an individual not licensed | 3 | | under this
Act in the
practice of a profession licensed | 4 | | under this Act.
| 5 | | (33) Violating state or federal laws or regulations | 6 | | relating
to controlled
substances, legend
drugs, or | 7 | | ephedra as defined in the Ephedra Prohibition Act.
| 8 | | (34) Failure to report to the Department any adverse | 9 | | final
action taken
against them by another licensing | 10 | | jurisdiction (any other state or any
territory of the | 11 | | United States or any foreign state or country), by any peer
| 12 | | review body, by any health care institution, by any | 13 | | professional society or
association related to practice | 14 | | under this Act, by any governmental agency, by
any law | 15 | | enforcement agency, or by any court for acts or conduct | 16 | | similar to acts
or conduct which would constitute grounds | 17 | | for action as defined in this
Section.
| 18 | | (35) Failure to report to the Department surrender of a
| 19 | | license or
authorization to practice as a medical doctor, a | 20 | | doctor of osteopathy, a
doctor of osteopathic medicine, or | 21 | | doctor
of chiropractic in another state or jurisdiction, or | 22 | | surrender of membership on
any medical staff or in any | 23 | | medical or professional association or society,
while | 24 | | under disciplinary investigation by any of those | 25 | | authorities or bodies,
for acts or conduct similar to acts | 26 | | or conduct which would constitute grounds
for action as |
| | | HB0225 | - 8 - | LRB101 05986 JRG 51007 b |
|
| 1 | | defined in this Section.
| 2 | | (36) Failure to report to the Department any adverse | 3 | | judgment,
settlement,
or award arising from a liability | 4 | | claim related to acts or conduct similar to
acts or conduct | 5 | | which would constitute grounds for action as defined in | 6 | | this
Section.
| 7 | | (37) Failure to provide copies of medical records as | 8 | | required
by law.
| 9 | | (38) Failure to furnish the Department, its | 10 | | investigators or
representatives, relevant information, | 11 | | legally requested by the Department
after consultation | 12 | | with the Chief Medical Coordinator or the Deputy Medical
| 13 | | Coordinator.
| 14 | | (39) Violating the Health Care Worker Self-Referral
| 15 | | Act.
| 16 | | (40) Willful failure to provide notice when notice is | 17 | | required
under the
Parental Notice of Abortion Act of 1995.
| 18 | | (41) Failure to establish and maintain records of | 19 | | patient care and
treatment as required by this law.
| 20 | | (42) Entering into an excessive number of written | 21 | | collaborative
agreements with licensed advanced practice | 22 | | registered nurses resulting in an inability to
adequately | 23 | | collaborate.
| 24 | | (43) Repeated failure to adequately collaborate with a | 25 | | licensed advanced practice registered nurse. | 26 | | (44) Violating the Compassionate Use of Medical |
| | | HB0225 | - 9 - | LRB101 05986 JRG 51007 b |
|
| 1 | | Cannabis Pilot Program Act.
| 2 | | (45) Entering into an excessive number of written | 3 | | collaborative agreements with licensed prescribing | 4 | | psychologists resulting in an inability to adequately | 5 | | collaborate. | 6 | | (46) Repeated failure to adequately collaborate with a | 7 | | licensed prescribing psychologist. | 8 | | (47) Willfully failing to report an instance of | 9 | | suspected abuse, neglect, financial exploitation, or | 10 | | self-neglect of an eligible adult as defined in and | 11 | | required by the Adult Protective Services Act. | 12 | | (48) Being named as an abuser in a verified report by | 13 | | the Department on Aging under the Adult Protective Services | 14 | | Act, and upon proof by clear and convincing evidence that | 15 | | the licensee abused, neglected, or financially exploited | 16 | | an eligible adult as defined in the Adult Protective | 17 | | Services Act. | 18 | | (49) Entering into an excessive number of written | 19 | | collaborative agreements with licensed physician | 20 | | assistants resulting in an inability to adequately | 21 | | collaborate. | 22 | | (50) Repeated failure to adequately collaborate with a | 23 | | physician assistant. | 24 | | Except
for actions involving the ground numbered (26), all | 25 | | proceedings to suspend,
revoke, place on probationary status, | 26 | | or take any
other disciplinary action as the Department may |
| | | HB0225 | - 10 - | LRB101 05986 JRG 51007 b |
|
| 1 | | deem proper, with regard to a
license on any of the foregoing | 2 | | grounds, must be commenced within 5 years next
after receipt by | 3 | | the Department of a complaint alleging the commission of or
| 4 | | notice of the conviction order for any of the acts described | 5 | | herein. Except
for the grounds numbered (8), (9), (26), and | 6 | | (29), no action shall be commenced more
than 10 years after the | 7 | | date of the incident or act alleged to have violated
this | 8 | | Section. For actions involving the ground numbered (26), a | 9 | | pattern of practice or other behavior includes all incidents | 10 | | alleged to be part of the pattern of practice or other behavior | 11 | | that occurred, or a report pursuant to Section 23 of this Act | 12 | | received, within the 10-year period preceding the filing of the | 13 | | complaint. In the event of the settlement of any claim or cause | 14 | | of action
in favor of the claimant or the reduction to final | 15 | | judgment of any civil action
in favor of the plaintiff, such | 16 | | claim, cause of action or civil action being
grounded on the | 17 | | allegation that a person licensed under this Act was negligent
| 18 | | in providing care, the Department shall have an additional | 19 | | period of 2 years
from the date of notification to the | 20 | | Department under Section 23 of this Act
of such settlement or | 21 | | final judgment in which to investigate and
commence formal | 22 | | disciplinary proceedings under Section 36 of this Act, except
| 23 | | as otherwise provided by law. The time during which the holder | 24 | | of the license
was outside the State of Illinois shall not be | 25 | | included within any period of
time limiting the commencement of | 26 | | disciplinary action by the Department.
|
| | | HB0225 | - 11 - | LRB101 05986 JRG 51007 b |
|
| 1 | | The entry of an order or judgment by any circuit court | 2 | | establishing that any
person holding a license under this Act | 3 | | is a person in need of mental treatment
operates as a | 4 | | suspension of that license. That person may resume their
| 5 | | practice only upon the entry of a Departmental order based upon | 6 | | a finding by
the Disciplinary Board that they have been | 7 | | determined to be recovered
from mental illness by the court and | 8 | | upon the Disciplinary Board's
recommendation that they be | 9 | | permitted to resume their practice.
| 10 | | The Department may refuse to issue or take disciplinary | 11 | | action concerning the license of any person
who fails to file a | 12 | | return, or to pay the tax, penalty or interest shown in a
filed | 13 | | return, or to pay any final assessment of tax, penalty or | 14 | | interest, as
required by any tax Act administered by the | 15 | | Illinois Department of Revenue,
until such time as the | 16 | | requirements of any such tax Act are satisfied as
determined by | 17 | | the Illinois Department of Revenue.
| 18 | | The Department, upon the recommendation of the | 19 | | Disciplinary Board, shall
adopt rules which set forth standards | 20 | | to be used in determining:
| 21 | | (a) when a person will be deemed sufficiently | 22 | | rehabilitated to warrant the
public trust;
| 23 | | (b) what constitutes dishonorable, unethical or | 24 | | unprofessional conduct of
a character likely to deceive, | 25 | | defraud, or harm the public;
| 26 | | (c) what constitutes immoral conduct in the commission |
| | | HB0225 | - 12 - | LRB101 05986 JRG 51007 b |
|
| 1 | | of any act,
including, but not limited to, commission of an | 2 | | act of sexual misconduct
related
to the licensee's | 3 | | practice; and
| 4 | | (d) what constitutes gross negligence in the practice | 5 | | of medicine.
| 6 | | However, no such rule shall be admissible into evidence in | 7 | | any civil action
except for review of a licensing or other | 8 | | disciplinary action under this Act.
| 9 | | In enforcing this Section, the Disciplinary Board or the | 10 | | Licensing Board,
upon a showing of a possible violation, may | 11 | | compel, in the case of the Disciplinary Board, any individual | 12 | | who is licensed to
practice under this Act or holds a permit to | 13 | | practice under this Act, or, in the case of the Licensing | 14 | | Board, any individual who has applied for licensure or a permit
| 15 | | pursuant to this Act, to submit to a mental or physical | 16 | | examination and evaluation, or both,
which may include a | 17 | | substance abuse or sexual offender evaluation, as required by | 18 | | the Licensing Board or Disciplinary Board and at the expense of | 19 | | the Department. The Disciplinary Board or Licensing Board shall | 20 | | specifically designate the examining physician licensed to | 21 | | practice medicine in all of its branches or, if applicable, the | 22 | | multidisciplinary team involved in providing the mental or | 23 | | physical examination and evaluation, or both. The | 24 | | multidisciplinary team shall be led by a physician licensed to | 25 | | practice medicine in all of its branches and may consist of one | 26 | | or more or a combination of physicians licensed to practice |
| | | HB0225 | - 13 - | LRB101 05986 JRG 51007 b |
|
| 1 | | medicine in all of its branches, licensed chiropractic | 2 | | physicians, licensed clinical psychologists, licensed clinical | 3 | | social workers, licensed clinical professional counselors, and | 4 | | other professional and administrative staff. Any examining | 5 | | physician or member of the multidisciplinary team may require | 6 | | any person ordered to submit to an examination and evaluation | 7 | | pursuant to this Section to submit to any additional | 8 | | supplemental testing deemed necessary to complete any | 9 | | examination or evaluation process, including, but not limited | 10 | | to, blood testing, urinalysis, psychological testing, or | 11 | | neuropsychological testing.
The Disciplinary Board, the | 12 | | Licensing Board, or the Department may order the examining
| 13 | | physician or any member of the multidisciplinary team to | 14 | | provide to the Department, the Disciplinary Board, or the | 15 | | Licensing Board any and all records, including business | 16 | | records, that relate to the examination and evaluation, | 17 | | including any supplemental testing performed. The Disciplinary | 18 | | Board, the Licensing Board, or the Department may order the | 19 | | examining physician or any member of the multidisciplinary team | 20 | | to present testimony concerning this examination
and | 21 | | evaluation of the licensee, permit holder, or applicant, | 22 | | including testimony concerning any supplemental testing or | 23 | | documents relating to the examination and evaluation. No | 24 | | information, report, record, or other documents in any way | 25 | | related to the examination and evaluation shall be excluded by | 26 | | reason of
any common
law or statutory privilege relating to |
| | | HB0225 | - 14 - | LRB101 05986 JRG 51007 b |
|
| 1 | | communication between the licensee, permit holder, or
| 2 | | applicant and
the examining physician or any member of the | 3 | | multidisciplinary team.
No authorization is necessary from the | 4 | | licensee, permit holder, or applicant ordered to undergo an | 5 | | evaluation and examination for the examining physician or any | 6 | | member of the multidisciplinary team to provide information, | 7 | | reports, records, or other documents or to provide any | 8 | | testimony regarding the examination and evaluation. The | 9 | | individual to be examined may have, at his or her own expense, | 10 | | another
physician of his or her choice present during all | 11 | | aspects of the examination.
Failure of any individual to submit | 12 | | to mental or physical examination and evaluation, or both, when
| 13 | | directed, shall result in an automatic suspension, without | 14 | | hearing, until such time
as the individual submits to the | 15 | | examination. If the Disciplinary Board or Licensing Board finds | 16 | | a physician unable
to practice following an examination and | 17 | | evaluation because of the reasons set forth in this Section, | 18 | | the Disciplinary
Board or Licensing Board shall require such | 19 | | physician to submit to care, counseling, or treatment
by | 20 | | physicians, or other health care professionals, approved or | 21 | | designated by the Disciplinary Board, as a condition
for | 22 | | issued, continued, reinstated, or renewed licensure to | 23 | | practice. Any physician,
whose license was granted pursuant to | 24 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | 25 | | renewed, disciplined or supervised, subject to such
terms, | 26 | | conditions or restrictions who shall fail to comply with such |
| | | HB0225 | - 15 - | LRB101 05986 JRG 51007 b |
|
| 1 | | terms,
conditions or restrictions, or to complete a required | 2 | | program of care,
counseling, or treatment, as determined by the | 3 | | Chief Medical Coordinator or
Deputy Medical Coordinators, | 4 | | shall be referred to the Secretary for a
determination as to | 5 | | whether the licensee shall have their license suspended
| 6 | | immediately, pending a hearing by the Disciplinary Board. In | 7 | | instances in
which the Secretary immediately suspends a license | 8 | | under this Section, a hearing
upon such person's license must | 9 | | be convened by the Disciplinary Board within 15
days after such | 10 | | suspension and completed without appreciable delay. The
| 11 | | Disciplinary Board shall have the authority to review the | 12 | | subject physician's
record of treatment and counseling | 13 | | regarding the impairment, to the extent
permitted by applicable | 14 | | federal statutes and regulations safeguarding the
| 15 | | confidentiality of medical records.
| 16 | | An individual licensed under this Act, affected under this | 17 | | Section, shall be
afforded an opportunity to demonstrate to the | 18 | | Disciplinary Board that they can
resume practice in compliance | 19 | | with acceptable and prevailing standards under
the provisions | 20 | | of their license.
| 21 | | The Department may promulgate rules for the imposition of | 22 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 23 | | violation of this Act. Fines
may be imposed in conjunction with | 24 | | other forms of disciplinary action, but
shall not be the | 25 | | exclusive disposition of any disciplinary action arising out
of | 26 | | conduct resulting in death or injury to a patient. Any funds |
| | | HB0225 | - 16 - | LRB101 05986 JRG 51007 b |
|
| 1 | | collected from
such fines shall be deposited in the Illinois | 2 | | State Medical Disciplinary Fund.
| 3 | | All fines imposed under this Section shall be paid within | 4 | | 60 days after the effective date of the order imposing the fine | 5 | | or in accordance with the terms set forth in the order imposing | 6 | | the fine. | 7 | | (B) The Department shall revoke the license or
permit | 8 | | issued under this Act to practice medicine or a chiropractic | 9 | | physician who
has been convicted a second time of committing | 10 | | any felony under the
Illinois Controlled Substances Act or the | 11 | | Methamphetamine Control and Community Protection Act, or who | 12 | | has been convicted a second time of
committing a Class 1 felony | 13 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 14 | | person whose license or permit is revoked
under
this subsection | 15 | | B shall be prohibited from practicing
medicine or treating | 16 | | human ailments without the use of drugs and without
operative | 17 | | surgery.
| 18 | | (C) The Department shall not revoke, suspend, place on | 19 | | probation, reprimand, refuse to issue or renew, or take any | 20 | | other disciplinary or non-disciplinary action against the | 21 | | license or permit issued under this Act to practice medicine to | 22 | | a physician : (1) based solely upon the recommendation of the | 23 | | physician to an eligible patient regarding, or prescription | 24 | | for, or treatment with, an investigational drug, biological | 25 | | product, or device ; or (2) for experimental treatment for Lyme | 26 | | disease or other tick-borne diseases, including, but not |
| | | HB0225 | - 17 - | LRB101 05986 JRG 51007 b |
|
| 1 | | limited to, the prescription of or treatment with long-term | 2 | | antibiotics . | 3 | | (D) The Disciplinary Board shall recommend to the
| 4 | | Department civil
penalties and any other appropriate | 5 | | discipline in disciplinary cases when the
Board finds that a | 6 | | physician willfully performed an abortion with actual
| 7 | | knowledge that the person upon whom the abortion has been | 8 | | performed is a minor
or an incompetent person without notice as | 9 | | required under the Parental Notice
of Abortion Act of 1995. | 10 | | Upon the Board's recommendation, the Department shall
impose, | 11 | | for the first violation, a civil penalty of $1,000 and for a | 12 | | second or
subsequent violation, a civil penalty of $5,000.
| 13 | | (Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17; | 14 | | 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff. | 15 | | 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised | 16 | | 12-19-18.)
|
|