Illinois General Assembly - Full Text of SB1594
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Full Text of SB1594  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr.


55 ILCS 5/3-4006  from Ch. 34, par. 3-4006
225 ILCS 60/22  from Ch. 111, par. 4400-22
225 ILCS 60/23  from Ch. 111, par. 4400-23
410 ILCS 210/1.5
750 ILCS 70/Act rep.

    Repeals the Parental Notice of Abortion Act of 1995. Makes corresponding changes in the Counties Code, the Medical Practice Act of 1987, and the Consent by Minors to Medical Procedures Act. Effective immediately.

LRB101 10857 LNS 55997 b





SB1594LRB101 10857 LNS 55997 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing Section
53-4006 as follows:
6    (55 ILCS 5/3-4006)  (from Ch. 34, par. 3-4006)
7    Sec. 3-4006. Duties of public defender. The Public
8Defender, as directed by the court, shall act as attorney,
9without fee, before any court within any county for all persons
10who are held in custody or who are charged with the commission
11of any criminal offense, and who the court finds are unable to
12employ counsel.
13    The Public Defender shall be the attorney, without fee,
14when so appointed by the court under Section 1-20 of the
15Juvenile Court Act or Section 1-5 of the Juvenile Court Act of
161987 or by any court under Section 5(b) of the Parental Notice
17of Abortion Act of 1983 for any party who the court finds is
18financially unable to employ counsel.
19    In cases subject to Section 5-170 of the Juvenile Court Act
20of 1987 involving a minor who was under 15 years of age at the
21time of the commission of the offense, that occurs in a county
22with a full-time public defender office, a public defender,
23without fee or appointment, may represent and have access to a



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1minor during a custodial interrogation. In cases subject to
2Section 5-170 of the Juvenile Court Act of 1987 involving a
3minor who was under 15 years of age at the time of the
4commission of the offense, that occurs in a county without a
5full-time public defender, the law enforcement agency
6conducting the custodial interrogation shall ensure that the
7minor is able to consult with an attorney who is under contract
8with the county to provide public defender services.
9Representation by the public defender shall terminate at the
10first court appearance if the court determines that the minor
11is not indigent.
12    Every court shall, with the consent of the defendant and
13where the court finds that the rights of the defendant would be
14prejudiced by the appointment of the public defender, appoint
15counsel other than the public defender, except as otherwise
16provided in Section 113-3 of the "Code of Criminal Procedure of
171963". That counsel shall be compensated as is provided by law.
18He shall also, in the case of the conviction of any such
19person, prosecute any proceeding in review which in his
20judgment the interests of justice require.
21(Source: P.A. 99-882, eff. 1-1-17.)
22    Section 10. The Medical Practice Act of 1987 is amended by
23changing Sections 22 and 23 as follows:
24    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)



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1    (Section scheduled to be repealed on December 31, 2019)
2    Sec. 22. Disciplinary action.
3    (A) The Department may revoke, suspend, place on probation,
4reprimand, refuse to issue or renew, or take any other
5disciplinary or non-disciplinary action as the Department may
6deem proper with regard to the license or permit of any person
7issued under this Act, including imposing fines not to exceed
8$10,000 for each violation, upon any of the following grounds:
9        (1) Performance of an elective abortion in any place,
10    locale, facility, or institution other than:
11            (a) a facility licensed pursuant to the Ambulatory
12        Surgical Treatment Center Act;
13            (b) an institution licensed under the Hospital
14        Licensing Act;
15            (c) an ambulatory surgical treatment center or
16        hospitalization or care facility maintained by the
17        State or any agency thereof, where such department or
18        agency has authority under law to establish and enforce
19        standards for the ambulatory surgical treatment
20        centers, hospitalization, or care facilities under its
21        management and control;
22            (d) ambulatory surgical treatment centers,
23        hospitalization or care facilities maintained by the
24        Federal Government; or
25            (e) ambulatory surgical treatment centers,
26        hospitalization or care facilities maintained by any



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1        university or college established under the laws of
2        this State and supported principally by public funds
3        raised by taxation.
4        (2) Performance of an abortion procedure in a willful
5    and wanton manner on a woman who was not pregnant at the
6    time the abortion procedure was performed.
7        (3) A plea of guilty or nolo contendere, finding of
8    guilt, jury verdict, or entry of judgment or sentencing,
9    including, but not limited to, convictions, preceding
10    sentences of supervision, conditional discharge, or first
11    offender probation, under the laws of any jurisdiction of
12    the United States of any crime that is a felony.
13        (4) Gross negligence in practice under this Act.
14        (5) Engaging in dishonorable, unethical or
15    unprofessional conduct of a character likely to deceive,
16    defraud or harm the public.
17        (6) Obtaining any fee by fraud, deceit, or
18    misrepresentation.
19        (7) Habitual or excessive use or abuse of drugs defined
20    in law as controlled substances, of alcohol, or of any
21    other substances which results in the inability to practice
22    with reasonable judgment, skill or safety.
23        (8) Practicing under a false or, except as provided by
24    law, an assumed name.
25        (9) Fraud or misrepresentation in applying for, or
26    procuring, a license under this Act or in connection with



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1    applying for renewal of a license under this Act.
2        (10) Making a false or misleading statement regarding
3    their skill or the efficacy or value of the medicine,
4    treatment, or remedy prescribed by them at their direction
5    in the treatment of any disease or other condition of the
6    body or mind.
7        (11) Allowing another person or organization to use
8    their license, procured under this Act, to practice.
9        (12) Adverse action taken by another state or
10    jurisdiction against a license or other authorization to
11    practice as a medical doctor, doctor of osteopathy, doctor
12    of osteopathic medicine or doctor of chiropractic, a
13    certified copy of the record of the action taken by the
14    other state or jurisdiction being prima facie evidence
15    thereof. This includes any adverse action taken by a State
16    or federal agency that prohibits a medical doctor, doctor
17    of osteopathy, doctor of osteopathic medicine, or doctor of
18    chiropractic from providing services to the agency's
19    participants.
20        (13) Violation of any provision of this Act or of the
21    Medical Practice Act prior to the repeal of that Act, or
22    violation of the rules, or a final administrative action of
23    the Secretary, after consideration of the recommendation
24    of the Disciplinary Board.
25        (14) Violation of the prohibition against fee
26    splitting in Section 22.2 of this Act.



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1        (15) A finding by the Disciplinary Board that the
2    registrant after having his or her license placed on
3    probationary status or subjected to conditions or
4    restrictions violated the terms of the probation or failed
5    to comply with such terms or conditions.
6        (16) Abandonment of a patient.
7        (17) Prescribing, selling, administering,
8    distributing, giving or self-administering any drug
9    classified as a controlled substance (designated product)
10    or narcotic for other than medically accepted therapeutic
11    purposes.
12        (18) Promotion of the sale of drugs, devices,
13    appliances or goods provided for a patient in such manner
14    as to exploit the patient for financial gain of the
15    physician.
16        (19) Offering, undertaking or agreeing to cure or treat
17    disease by a secret method, procedure, treatment or
18    medicine, or the treating, operating or prescribing for any
19    human condition by a method, means or procedure which the
20    licensee refuses to divulge upon demand of the Department.
21        (20) Immoral conduct in the commission of any act
22    including, but not limited to, commission of an act of
23    sexual misconduct related to the licensee's practice.
24        (21) Willfully making or filing false records or
25    reports in his or her practice as a physician, including,
26    but not limited to, false records to support claims against



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1    the medical assistance program of the Department of
2    Healthcare and Family Services (formerly Department of
3    Public Aid) under the Illinois Public Aid Code.
4        (22) Willful omission to file or record, or willfully
5    impeding the filing or recording, or inducing another
6    person to omit to file or record, medical reports as
7    required by law, or willfully failing to report an instance
8    of suspected abuse or neglect as required by law.
9        (23) Being named as a perpetrator in an indicated
10    report by the Department of Children and Family Services
11    under the Abused and Neglected Child Reporting Act, and
12    upon proof by clear and convincing evidence that the
13    licensee has caused a child to be an abused child or
14    neglected child as defined in the Abused and Neglected
15    Child Reporting Act.
16        (24) Solicitation of professional patronage by any
17    corporation, agents or persons, or profiting from those
18    representing themselves to be agents of the licensee.
19        (25) Gross and willful and continued overcharging for
20    professional services, including filing false statements
21    for collection of fees for which services are not rendered,
22    including, but not limited to, filing such false statements
23    for collection of monies for services not rendered from the
24    medical assistance program of the Department of Healthcare
25    and Family Services (formerly Department of Public Aid)
26    under the Illinois Public Aid Code.



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1        (26) A pattern of practice or other behavior which
2    demonstrates incapacity or incompetence to practice under
3    this Act.
4        (27) Mental illness or disability which results in the
5    inability to practice under this Act with reasonable
6    judgment, skill or safety.
7        (28) Physical illness, including, but not limited to,
8    deterioration through the aging process, or loss of motor
9    skill which results in a physician's inability to practice
10    under this Act with reasonable judgment, skill or safety.
11        (29) Cheating on or attempt to subvert the licensing
12    examinations administered under this Act.
13        (30) Willfully or negligently violating the
14    confidentiality between physician and patient except as
15    required by law.
16        (31) The use of any false, fraudulent, or deceptive
17    statement in any document connected with practice under
18    this Act.
19        (32) Aiding and abetting an individual not licensed
20    under this Act in the practice of a profession licensed
21    under this Act.
22        (33) Violating state or federal laws or regulations
23    relating to controlled substances, legend drugs, or
24    ephedra as defined in the Ephedra Prohibition Act.
25        (34) Failure to report to the Department any adverse
26    final action taken against them by another licensing



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1    jurisdiction (any other state or any territory of the
2    United States or any foreign state or country), by any peer
3    review body, by any health care institution, by any
4    professional society or association related to practice
5    under this Act, by any governmental agency, by any law
6    enforcement agency, or by any court for acts or conduct
7    similar to acts or conduct which would constitute grounds
8    for action as defined in this Section.
9        (35) Failure to report to the Department surrender of a
10    license or authorization to practice as a medical doctor, a
11    doctor of osteopathy, a doctor of osteopathic medicine, or
12    doctor of chiropractic in another state or jurisdiction, or
13    surrender of membership on any medical staff or in any
14    medical or professional association or society, while
15    under disciplinary investigation by any of those
16    authorities or bodies, for acts or conduct similar to acts
17    or conduct which would constitute grounds for action as
18    defined in this Section.
19        (36) Failure to report to the Department any adverse
20    judgment, settlement, or award arising from a liability
21    claim related to acts or conduct similar to acts or conduct
22    which would constitute grounds for action as defined in
23    this Section.
24        (37) Failure to provide copies of medical records as
25    required by law.
26        (38) Failure to furnish the Department, its



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1    investigators or representatives, relevant information,
2    legally requested by the Department after consultation
3    with the Chief Medical Coordinator or the Deputy Medical
4    Coordinator.
5        (39) Violating the Health Care Worker Self-Referral
6    Act.
7        (40) (Blank). Willful failure to provide notice when
8    notice is required under the Parental Notice of Abortion
9    Act of 1995.
10        (41) Failure to establish and maintain records of
11    patient care and treatment as required by this law.
12        (42) Entering into an excessive number of written
13    collaborative agreements with licensed advanced practice
14    registered nurses resulting in an inability to adequately
15    collaborate.
16        (43) Repeated failure to adequately collaborate with a
17    licensed advanced practice registered nurse.
18        (44) Violating the Compassionate Use of Medical
19    Cannabis Pilot Program Act.
20        (45) Entering into an excessive number of written
21    collaborative agreements with licensed prescribing
22    psychologists resulting in an inability to adequately
23    collaborate.
24        (46) Repeated failure to adequately collaborate with a
25    licensed prescribing psychologist.
26        (47) Willfully failing to report an instance of



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1    suspected abuse, neglect, financial exploitation, or
2    self-neglect of an eligible adult as defined in and
3    required by the Adult Protective Services Act.
4        (48) Being named as an abuser in a verified report by
5    the Department on Aging under the Adult Protective Services
6    Act, and upon proof by clear and convincing evidence that
7    the licensee abused, neglected, or financially exploited
8    an eligible adult as defined in the Adult Protective
9    Services Act.
10        (49) Entering into an excessive number of written
11    collaborative agreements with licensed physician
12    assistants resulting in an inability to adequately
13    collaborate.
14        (50) Repeated failure to adequately collaborate with a
15    physician assistant.
16    Except for actions involving the ground numbered (26), all
17proceedings to suspend, revoke, place on probationary status,
18or take any other disciplinary action as the Department may
19deem proper, with regard to a license on any of the foregoing
20grounds, must be commenced within 5 years next after receipt by
21the Department of a complaint alleging the commission of or
22notice of the conviction order for any of the acts described
23herein. Except for the grounds numbered (8), (9), (26), and
24(29), no action shall be commenced more than 10 years after the
25date of the incident or act alleged to have violated this
26Section. For actions involving the ground numbered (26), a



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1pattern of practice or other behavior includes all incidents
2alleged to be part of the pattern of practice or other behavior
3that occurred, or a report pursuant to Section 23 of this Act
4received, within the 10-year period preceding the filing of the
5complaint. In the event of the settlement of any claim or cause
6of action in favor of the claimant or the reduction to final
7judgment of any civil action in favor of the plaintiff, such
8claim, cause of action or civil action being grounded on the
9allegation that a person licensed under this Act was negligent
10in providing care, the Department shall have an additional
11period of 2 years from the date of notification to the
12Department under Section 23 of this Act of such settlement or
13final judgment in which to investigate and commence formal
14disciplinary proceedings under Section 36 of this Act, except
15as otherwise provided by law. The time during which the holder
16of the license was outside the State of Illinois shall not be
17included within any period of time limiting the commencement of
18disciplinary action by the Department.
19    The entry of an order or judgment by any circuit court
20establishing that any person holding a license under this Act
21is a person in need of mental treatment operates as a
22suspension of that license. That person may resume their
23practice only upon the entry of a Departmental order based upon
24a finding by the Disciplinary Board that they have been
25determined to be recovered from mental illness by the court and
26upon the Disciplinary Board's recommendation that they be



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1permitted to resume their practice.
2    The Department may refuse to issue or take disciplinary
3action concerning the license of any person who fails to file a
4return, or to pay the tax, penalty or interest shown in a filed
5return, or to pay any final assessment of tax, penalty or
6interest, as required by any tax Act administered by the
7Illinois Department of Revenue, until such time as the
8requirements of any such tax Act are satisfied as determined by
9the Illinois Department of Revenue.
10    The Department, upon the recommendation of the
11Disciplinary Board, shall adopt rules which set forth standards
12to be used in determining:
13        (a) when a person will be deemed sufficiently
14    rehabilitated to warrant the public trust;
15        (b) what constitutes dishonorable, unethical or
16    unprofessional conduct of a character likely to deceive,
17    defraud, or harm the public;
18        (c) what constitutes immoral conduct in the commission
19    of any act, including, but not limited to, commission of an
20    act of sexual misconduct related to the licensee's
21    practice; and
22        (d) what constitutes gross negligence in the practice
23    of medicine.
24    However, no such rule shall be admissible into evidence in
25any civil action except for review of a licensing or other
26disciplinary action under this Act.



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1    In enforcing this Section, the Disciplinary Board or the
2Licensing Board, upon a showing of a possible violation, may
3compel, in the case of the Disciplinary Board, any individual
4who is licensed to practice under this Act or holds a permit to
5practice under this Act, or, in the case of the Licensing
6Board, any individual who has applied for licensure or a permit
7pursuant to this Act, to submit to a mental or physical
8examination and evaluation, or both, which may include a
9substance abuse or sexual offender evaluation, as required by
10the Licensing Board or Disciplinary Board and at the expense of
11the Department. The Disciplinary Board or Licensing Board shall
12specifically designate the examining physician licensed to
13practice medicine in all of its branches or, if applicable, the
14multidisciplinary team involved in providing the mental or
15physical examination and evaluation, or both. The
16multidisciplinary team shall be led by a physician licensed to
17practice medicine in all of its branches and may consist of one
18or more or a combination of physicians licensed to practice
19medicine in all of its branches, licensed chiropractic
20physicians, licensed clinical psychologists, licensed clinical
21social workers, licensed clinical professional counselors, and
22other professional and administrative staff. Any examining
23physician or member of the multidisciplinary team may require
24any person ordered to submit to an examination and evaluation
25pursuant to this Section to submit to any additional
26supplemental testing deemed necessary to complete any



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1examination or evaluation process, including, but not limited
2to, blood testing, urinalysis, psychological testing, or
3neuropsychological testing. The Disciplinary Board, the
4Licensing Board, or the Department may order the examining
5physician or any member of the multidisciplinary team to
6provide to the Department, the Disciplinary Board, or the
7Licensing Board any and all records, including business
8records, that relate to the examination and evaluation,
9including any supplemental testing performed. The Disciplinary
10Board, the Licensing Board, or the Department may order the
11examining physician or any member of the multidisciplinary team
12to present testimony concerning this examination and
13evaluation of the licensee, permit holder, or applicant,
14including testimony concerning any supplemental testing or
15documents relating to the examination and evaluation. No
16information, report, record, or other documents in any way
17related to the examination and evaluation shall be excluded by
18reason of any common law or statutory privilege relating to
19communication between the licensee, permit holder, or
20applicant and the examining physician or any member of the
21multidisciplinary team. No authorization is necessary from the
22licensee, permit holder, or applicant ordered to undergo an
23evaluation and examination for the examining physician or any
24member of the multidisciplinary team to provide information,
25reports, records, or other documents or to provide any
26testimony regarding the examination and evaluation. The



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1individual to be examined may have, at his or her own expense,
2another physician of his or her choice present during all
3aspects of the examination. Failure of any individual to submit
4to mental or physical examination and evaluation, or both, when
5directed, shall result in an automatic suspension, without
6hearing, until such time as the individual submits to the
7examination. If the Disciplinary Board or Licensing Board finds
8a physician unable to practice following an examination and
9evaluation because of the reasons set forth in this Section,
10the Disciplinary Board or Licensing Board shall require such
11physician to submit to care, counseling, or treatment by
12physicians, or other health care professionals, approved or
13designated by the Disciplinary Board, as a condition for
14issued, continued, reinstated, or renewed licensure to
15practice. Any physician, whose license was granted pursuant to
16Sections 9, 17, or 19 of this Act, or, continued, reinstated,
17renewed, disciplined or supervised, subject to such terms,
18conditions or restrictions who shall fail to comply with such
19terms, conditions or restrictions, or to complete a required
20program of care, counseling, or treatment, as determined by the
21Chief Medical Coordinator or Deputy Medical Coordinators,
22shall be referred to the Secretary for a determination as to
23whether the licensee shall have their license suspended
24immediately, pending a hearing by the Disciplinary Board. In
25instances in which the Secretary immediately suspends a license
26under this Section, a hearing upon such person's license must



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1be convened by the Disciplinary Board within 15 days after such
2suspension and completed without appreciable delay. The
3Disciplinary Board shall have the authority to review the
4subject physician's record of treatment and counseling
5regarding the impairment, to the extent permitted by applicable
6federal statutes and regulations safeguarding the
7confidentiality of medical records.
8    An individual licensed under this Act, affected under this
9Section, shall be afforded an opportunity to demonstrate to the
10Disciplinary Board that they can resume practice in compliance
11with acceptable and prevailing standards under the provisions
12of their license.
13    The Department may promulgate rules for the imposition of
14fines in disciplinary cases, not to exceed $10,000 for each
15violation of this Act. Fines may be imposed in conjunction with
16other forms of disciplinary action, but shall not be the
17exclusive disposition of any disciplinary action arising out of
18conduct resulting in death or injury to a patient. Any funds
19collected from such fines shall be deposited in the Illinois
20State Medical Disciplinary Fund.
21    All fines imposed under this Section shall be paid within
2260 days after the effective date of the order imposing the fine
23or in accordance with the terms set forth in the order imposing
24the fine.
25    (B) The Department shall revoke the license or permit
26issued under this Act to practice medicine or a chiropractic



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1physician who has been convicted a second time of committing
2any felony under the Illinois Controlled Substances Act or the
3Methamphetamine Control and Community Protection Act, or who
4has been convicted a second time of committing a Class 1 felony
5under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
6person whose license or permit is revoked under this subsection
7B shall be prohibited from practicing medicine or treating
8human ailments without the use of drugs and without operative
10    (C) The Department shall not revoke, suspend, place on
11probation, reprimand, refuse to issue or renew, or take any
12other disciplinary or non-disciplinary action against the
13license or permit issued under this Act to practice medicine to
14a physician:
15        (1) based solely upon the recommendation of the
16    physician to an eligible patient regarding, or
17    prescription for, or treatment with, an investigational
18    drug, biological product, or device; or
19        (2) for experimental treatment for Lyme disease or
20    other tick-borne diseases, including, but not limited to,
21    the prescription of or treatment with long-term
22    antibiotics.
23    (D) (Blank). The Disciplinary Board shall recommend to the
24Department civil penalties and any other appropriate
25discipline in disciplinary cases when the Board finds that a
26physician willfully performed an abortion with actual



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1knowledge that the person upon whom the abortion has been
2performed is a minor or an incompetent person without notice as
3required under the Parental Notice of Abortion Act of 1995.
4Upon the Board's recommendation, the Department shall impose,
5for the first violation, a civil penalty of $1,000 and for a
6second or subsequent violation, a civil penalty of $5,000.
7(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
8100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
91-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
11    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
12    (Section scheduled to be repealed on December 31, 2019)
13    Sec. 23. Reports relating to professional conduct and
15    (A) Entities required to report.
16        (1) Health care institutions. The chief administrator
17    or executive officer of any health care institution
18    licensed by the Illinois Department of Public Health shall
19    report to the Disciplinary Board when any person's clinical
20    privileges are terminated or are restricted based on a
21    final determination made in accordance with that
22    institution's by-laws or rules and regulations that a
23    person has either committed an act or acts which may
24    directly threaten patient care or that a person may have a
25    mental or physical disability that may endanger patients



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1    under that person's care. Such officer also shall report if
2    a person accepts voluntary termination or restriction of
3    clinical privileges in lieu of formal action based upon
4    conduct related directly to patient care or in lieu of
5    formal action seeking to determine whether a person may
6    have a mental or physical disability that may endanger
7    patients under that person's care. The Disciplinary Board
8    shall, by rule, provide for the reporting to it by health
9    care institutions of all instances in which a person,
10    licensed under this Act, who is impaired by reason of age,
11    drug or alcohol abuse or physical or mental impairment, is
12    under supervision and, where appropriate, is in a program
13    of rehabilitation. Such reports shall be strictly
14    confidential and may be reviewed and considered only by the
15    members of the Disciplinary Board, or by authorized staff
16    as provided by rules of the Disciplinary Board. Provisions
17    shall be made for the periodic report of the status of any
18    such person not less than twice annually in order that the
19    Disciplinary Board shall have current information upon
20    which to determine the status of any such person. Such
21    initial and periodic reports of impaired physicians shall
22    not be considered records within the meaning of The State
23    Records Act and shall be disposed of, following a
24    determination by the Disciplinary Board that such reports
25    are no longer required, in a manner and at such time as the
26    Disciplinary Board shall determine by rule. The filing of



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1    such reports shall be construed as the filing of a report
2    for purposes of subsection (C) of this Section.
3        (1.5) Clinical training programs. The program director
4    of any post-graduate clinical training program shall
5    report to the Disciplinary Board if a person engaged in a
6    post-graduate clinical training program at the
7    institution, including, but not limited to, a residency or
8    fellowship, separates from the program for any reason prior
9    to its conclusion. The program director shall provide all
10    documentation relating to the separation if, after review
11    of the report, the Disciplinary Board determines that a
12    review of those documents is necessary to determine whether
13    a violation of this Act occurred.
14        (2) Professional associations. The President or chief
15    executive officer of any association or society, of persons
16    licensed under this Act, operating within this State shall
17    report to the Disciplinary Board when the association or
18    society renders a final determination that a person has
19    committed unprofessional conduct related directly to
20    patient care or that a person may have a mental or physical
21    disability that may endanger patients under that person's
22    care.
23        (3) Professional liability insurers. Every insurance
24    company which offers policies of professional liability
25    insurance to persons licensed under this Act, or any other
26    entity which seeks to indemnify the professional liability



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1    of a person licensed under this Act, shall report to the
2    Disciplinary Board the settlement of any claim or cause of
3    action, or final judgment rendered in any cause of action,
4    which alleged negligence in the furnishing of medical care
5    by such licensed person when such settlement or final
6    judgment is in favor of the plaintiff.
7        (4) State's Attorneys. The State's Attorney of each
8    county shall report to the Disciplinary Board, within 5
9    days, any instances in which a person licensed under this
10    Act is convicted of any felony or Class A misdemeanor. The
11    State's Attorney of each county may report to the
12    Disciplinary Board through a verified complaint any
13    instance in which the State's Attorney believes that a
14    physician has willfully violated the notice requirements
15    of the Parental Notice of Abortion Act of 1995.
16        (5) State agencies. All agencies, boards, commissions,
17    departments, or other instrumentalities of the government
18    of the State of Illinois shall report to the Disciplinary
19    Board any instance arising in connection with the
20    operations of such agency, including the administration of
21    any law by such agency, in which a person licensed under
22    this Act has either committed an act or acts which may be a
23    violation of this Act or which may constitute
24    unprofessional conduct related directly to patient care or
25    which indicates that a person licensed under this Act may
26    have a mental or physical disability that may endanger



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1    patients under that person's care.
2    (B) Mandatory reporting. All reports required by items
3(34), (35), and (36) of subsection (A) of Section 22 and by
4Section 23 shall be submitted to the Disciplinary Board in a
5timely fashion. Unless otherwise provided in this Section, the
6reports shall be filed in writing within 60 days after a
7determination that a report is required under this Act. All
8reports shall contain the following information:
9        (1) The name, address and telephone number of the
10    person making the report.
11        (2) The name, address and telephone number of the
12    person who is the subject of the report.
13        (3) The name and date of birth of any patient or
14    patients whose treatment is a subject of the report, if
15    available, or other means of identification if such
16    information is not available, identification of the
17    hospital or other healthcare facility where the care at
18    issue in the report was rendered, provided, however, no
19    medical records may be revealed.
20        (4) A brief description of the facts which gave rise to
21    the issuance of the report, including the dates of any
22    occurrences deemed to necessitate the filing of the report.
23        (5) If court action is involved, the identity of the
24    court in which the action is filed, along with the docket
25    number and date of filing of the action.
26        (6) Any further pertinent information which the



SB1594- 24 -LRB101 10857 LNS 55997 b

1    reporting party deems to be an aid in the evaluation of the
2    report.
3    The Disciplinary Board or Department may also exercise the
4power under Section 38 of this Act to subpoena copies of
5hospital or medical records in mandatory report cases alleging
6death or permanent bodily injury. Appropriate rules shall be
7adopted by the Department with the approval of the Disciplinary
9    When the Department has received written reports
10concerning incidents required to be reported in items (34),
11(35), and (36) of subsection (A) of Section 22, the licensee's
12failure to report the incident to the Department under those
13items shall not be the sole grounds for disciplinary action.
14    Nothing contained in this Section shall act to in any way,
15waive or modify the confidentiality of medical reports and
16committee reports to the extent provided by law. Any
17information reported or disclosed shall be kept for the
18confidential use of the Disciplinary Board, the Medical
19Coordinators, the Disciplinary Board's attorneys, the medical
20investigative staff, and authorized clerical staff, as
21provided in this Act, and shall be afforded the same status as
22is provided information concerning medical studies in Part 21
23of Article VIII of the Code of Civil Procedure, except that the
24Department may disclose information and documents to a federal,
25State, or local law enforcement agency pursuant to a subpoena
26in an ongoing criminal investigation or to a health care



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1licensing body or medical licensing authority of this State or
2another state or jurisdiction pursuant to an official request
3made by that licensing body or medical licensing authority.
4Furthermore, information and documents disclosed to a federal,
5State, or local law enforcement agency may be used by that
6agency only for the investigation and prosecution of a criminal
7offense, or, in the case of disclosure to a health care
8licensing body or medical licensing authority, only for
9investigations and disciplinary action proceedings with regard
10to a license. Information and documents disclosed to the
11Department of Public Health may be used by that Department only
12for investigation and disciplinary action regarding the
13license of a health care institution licensed by the Department
14of Public Health.
15    (C) Immunity from prosecution. Any individual or
16organization acting in good faith, and not in a wilful and
17wanton manner, in complying with this Act by providing any
18report or other information to the Disciplinary Board or a peer
19review committee, or assisting in the investigation or
20preparation of such information, or by voluntarily reporting to
21the Disciplinary Board or a peer review committee information
22regarding alleged errors or negligence by a person licensed
23under this Act, or by participating in proceedings of the
24Disciplinary Board or a peer review committee, or by serving as
25a member of the Disciplinary Board or a peer review committee,
26shall not, as a result of such actions, be subject to criminal



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1prosecution or civil damages.
2    (D) Indemnification. Members of the Disciplinary Board,
3the Licensing Board, the Medical Coordinators, the
4Disciplinary Board's attorneys, the medical investigative
5staff, physicians retained under contract to assist and advise
6the medical coordinators in the investigation, and authorized
7clerical staff shall be indemnified by the State for any
8actions occurring within the scope of services on the
9Disciplinary Board or Licensing Board, done in good faith and
10not wilful and wanton in nature. The Attorney General shall
11defend all such actions unless he or she determines either that
12there would be a conflict of interest in such representation or
13that the actions complained of were not in good faith or were
14wilful and wanton.
15    Should the Attorney General decline representation, the
16member shall have the right to employ counsel of his or her
17choice, whose fees shall be provided by the State, after
18approval by the Attorney General, unless there is a
19determination by a court that the member's actions were not in
20good faith or were wilful and wanton.
21    The member must notify the Attorney General within 7 days
22of receipt of notice of the initiation of any action involving
23services of the Disciplinary Board. Failure to so notify the
24Attorney General shall constitute an absolute waiver of the
25right to a defense and indemnification.
26    The Attorney General shall determine within 7 days after



SB1594- 27 -LRB101 10857 LNS 55997 b

1receiving such notice, whether he or she will undertake to
2represent the member.
3    (E) Deliberations of Disciplinary Board. Upon the receipt
4of any report called for by this Act, other than those reports
5of impaired persons licensed under this Act required pursuant
6to the rules of the Disciplinary Board, the Disciplinary Board
7shall notify in writing, by certified mail, the person who is
8the subject of the report. Such notification shall be made
9within 30 days of receipt by the Disciplinary Board of the
11    The notification shall include a written notice setting
12forth the person's right to examine the report. Included in
13such notification shall be the address at which the file is
14maintained, the name of the custodian of the reports, and the
15telephone number at which the custodian may be reached. The
16person who is the subject of the report shall submit a written
17statement responding, clarifying, adding to, or proposing the
18amending of the report previously filed. The person who is the
19subject of the report shall also submit with the written
20statement any medical records related to the report. The
21statement and accompanying medical records shall become a
22permanent part of the file and must be received by the
23Disciplinary Board no more than 30 days after the date on which
24the person was notified by the Disciplinary Board of the
25existence of the original report.
26    The Disciplinary Board shall review all reports received by



SB1594- 28 -LRB101 10857 LNS 55997 b

1it, together with any supporting information and responding
2statements submitted by persons who are the subject of reports.
3The review by the Disciplinary Board shall be in a timely
4manner but in no event, shall the Disciplinary Board's initial
5review of the material contained in each disciplinary file be
6less than 61 days nor more than 180 days after the receipt of
7the initial report by the Disciplinary Board.
8    When the Disciplinary Board makes its initial review of the
9materials contained within its disciplinary files, the
10Disciplinary Board shall, in writing, make a determination as
11to whether there are sufficient facts to warrant further
12investigation or action. Failure to make such determination
13within the time provided shall be deemed to be a determination
14that there are not sufficient facts to warrant further
15investigation or action.
16    Should the Disciplinary Board find that there are not
17sufficient facts to warrant further investigation, or action,
18the report shall be accepted for filing and the matter shall be
19deemed closed and so reported to the Secretary. The Secretary
20shall then have 30 days to accept the Disciplinary Board's
21decision or request further investigation. The Secretary shall
22inform the Board of the decision to request further
23investigation, including the specific reasons for the
24decision. The individual or entity filing the original report
25or complaint and the person who is the subject of the report or
26complaint shall be notified in writing by the Secretary of any



SB1594- 29 -LRB101 10857 LNS 55997 b

1final action on their report or complaint. The Department shall
2disclose to the individual or entity who filed the original
3report or complaint, on request, the status of the Disciplinary
4Board's review of a specific report or complaint. Such request
5may be made at any time, including prior to the Disciplinary
6Board's determination as to whether there are sufficient facts
7to warrant further investigation or action.
8    (F) Summary reports. The Disciplinary Board shall prepare,
9on a timely basis, but in no event less than once every other
10month, a summary report of final disciplinary actions taken
11upon disciplinary files maintained by the Disciplinary Board.
12The summary reports shall be made available to the public upon
13request and payment of the fees set by the Department. This
14publication may be made available to the public on the
15Department's website. Information or documentation relating to
16any disciplinary file that is closed without disciplinary
17action taken shall not be disclosed and shall be afforded the
18same status as is provided by Part 21 of Article VIII of the
19Code of Civil Procedure.
20    (G) Any violation of this Section shall be a Class A
22    (H) If any such person violates the provisions of this
23Section an action may be brought in the name of the People of
24the State of Illinois, through the Attorney General of the
25State of Illinois, for an order enjoining such violation or for
26an order enforcing compliance with this Section. Upon filing of



SB1594- 30 -LRB101 10857 LNS 55997 b

1a verified petition in such court, the court may issue a
2temporary restraining order without notice or bond and may
3preliminarily or permanently enjoin such violation, and if it
4is established that such person has violated or is violating
5the injunction, the court may punish the offender for contempt
6of court. Proceedings under this paragraph shall be in addition
7to, and not in lieu of, all other remedies and penalties
8provided for by this Section.
9(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)
10    Section 15. The Consent by Minors to Health Care Services
11Act is amended by changing Section 1.5 as follows:
12    (410 ILCS 210/1.5)
13    Sec. 1.5. Consent by minor seeking care for limited primary
14care services.
15    (a) The consent to the performance of primary care services
16by a physician licensed to practice medicine in all its
17branches, a licensed advanced practice registered nurse, a
18licensed physician assistant, a chiropractic physician, or a
19licensed optometrist executed by a minor seeking care is not
20voidable because of such minority, and for such purpose, a
21minor seeking care is deemed to have the same legal capacity to
22act and has the same powers and obligations as has a person of
23legal age under the following circumstances:
24        (1) the health care professional reasonably believes



SB1594- 31 -LRB101 10857 LNS 55997 b

1    that the minor seeking care understands the benefits and
2    risks of any proposed primary care or services; and
3        (2) the minor seeking care is identified in writing as
4    a minor seeking care by:
5            (A) an adult relative;
6            (B) a representative of a homeless service agency
7        that receives federal, State, county, or municipal
8        funding to provide those services or that is otherwise
9        sanctioned by a local continuum of care;
10            (C) an attorney licensed to practice law in this
11        State;
12            (D) a public school homeless liaison or school
13        social worker;
14            (E) a social service agency providing services to
15        at risk, homeless, or runaway youth; or
16            (F) a representative of a religious organization.
17    (b) A health care professional rendering primary care
18services under this Section shall not incur civil or criminal
19liability for failure to obtain valid consent or professional
20discipline for failure to obtain valid consent if he or she
21relied in good faith on the representations made by the minor
22or the information provided under paragraph (2) of subsection
23(a) of this Section. Under such circumstances, good faith shall
24be presumed.
25    (c) The confidential nature of any communication between a
26health care professional described in Section 1 of this Act and



SB1594- 32 -LRB101 10857 LNS 55997 b

1a minor seeking care is not waived (1) by the presence, at the
2time of communication, of any additional persons present at the
3request of the minor seeking care, (2) by the health care
4professional's disclosure of confidential information to the
5additional person with the consent of the minor seeking care,
6when reasonably necessary to accomplish the purpose for which
7the additional person is consulted, or (3) by the health care
8professional billing a health benefit insurance or plan under
9which the minor seeking care is insured, is enrolled, or has
10coverage for the services provided.
11    (d) Nothing in this Section shall be construed to limit or
12expand a minor's existing powers and obligations under any
13federal, State, or local law. Nothing in this Section shall be
14construed to affect the Parental Notice of Abortion Act of
151995. Nothing in this Section affects the right or authority of
16a parent or legal guardian to verbally, in writing, or
17otherwise authorize health care services to be provided for a
18minor in their absence.
19    (e) For the purposes of this Section:
20    "Minor seeking care" means a person at least 14 years of
21age but less than 18 years of age who is living separate and
22apart from his or her parents or legal guardian, whether with
23or without the consent of a parent or legal guardian who is
24unable or unwilling to return to the residence of a parent, and
25managing his or her own personal affairs. "Minor seeking care"
26does not include minors who are under the protective custody,



SB1594- 33 -LRB101 10857 LNS 55997 b

1temporary custody, or guardianship of the Department of
2Children and Family Services.
3    "Primary care services" means health care services that
4include screening, counseling, immunizations, medication, and
5treatment of illness and conditions customarily provided by
6licensed health care professionals in an out-patient setting,
7eye care services, excluding advanced optometric procedures,
8provided by optometrists, and services provided by
9chiropractic physicians according to the scope of practice of
10chiropractic physicians under the Medical Practice Act of 1987.
11"Primary care services" does not include invasive care, beyond
12standard injections, laceration care, or non-surgical fracture
14(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
15100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
16    (750 ILCS 70/Act rep.)
17    Section 20. The Parental Notice of Abortion Act of 1995 is
19    Section 99. Effective date. This Act takes effect upon
20becoming law.