Full Text of HB0077 102nd General Assembly
HB0077ham001 102ND GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/17/2021
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| 1 | | AMENDMENT TO HOUSE BILL 77
| 2 | | AMENDMENT NO. ______. Amend House Bill 77 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 Sections 5 and 15 as | 6 | | follows: | 7 | | (20 ILCS 535/5)
| 8 | | Sec. 5. Administration of psychotropic medications. | 9 | | (a) On or before October 1, 2011, the Department of | 10 | | Children and Family Services shall promulgate final rules, | 11 | | amending its current rules establishing and maintaining | 12 | | standards and procedures to govern the administration of | 13 | | psychotropic medications. Such amendments to its rules shall | 14 | | include, but are not limited to, the following: | 15 | | (1) (a) The role of the Department in the | 16 | | administration of psychotropic medications to youth for |
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| 1 | | whom it is legally responsible and who are in facilities | 2 | | operated by the Illinois Department of Corrections or the | 3 | | Illinois Department of Juvenile Justice. | 4 | | (2) (b) Provisions regarding the administration of | 5 | | psychotropic medications for youth for whom the Department | 6 | | is legally responsible and who are in residential | 7 | | facilities, group homes, transitional living programs, or | 8 | | foster homes where the youth is under the age of 18 or | 9 | | where the youth is 18 or older and has provided the | 10 | | Department with appropriate consent. | 11 | | (3) (c) Provisions regarding the administration of | 12 | | psychotropic medications for youth for whom the Department | 13 | | is legally responsible and who are in psychiatric | 14 | | hospitals. | 15 | | (4) (d) Provisions concerning the emergency use of | 16 | | psychotropic medications, including appropriate and timely | 17 | | reporting. | 18 | | (5) (e) Provisions prohibiting the administration of | 19 | | psychotropic medications to persons for whom the | 20 | | Department is legally responsible as punishment for bad | 21 | | behavior, for the convenience of staff or caregivers, or | 22 | | as a substitute for adequate mental health care or other | 23 | | services. | 24 | | (6) (f) The creation of a committee to develop, post | 25 | | on a website, and periodically review materials listing | 26 | | which psychotropic medications are approved for use with |
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| 1 | | youth for whom the Department has legal responsibility. | 2 | | The materials shall include guidelines for the use of | 3 | | psychotropic medications and may include the acceptable | 4 | | range of dosages, contraindications, and time limits, if | 5 | | any, and such other topics necessary to ensure the safe | 6 | | and appropriate use of psychotropic medications. | 7 | | (7) (g) Provisions regarding the appointment, | 8 | | qualifications, and training of employees of the | 9 | | Department who are authorized to consent to the | 10 | | administration of psychotropic medications to youth for | 11 | | whom the Department has legal responsibility, including | 12 | | the scope of the authority of such persons. | 13 | | (8) (h) Provisions regarding training and materials | 14 | | for parents, foster parents, and relative caretakers | 15 | | concerning the rules governing the use of psychotropic | 16 | | medications with youth for whom the Department has legal | 17 | | responsibility. | 18 | | (9) (i) With respect to any youth under the age of 18 | 19 | | for whom the Department has legal responsibility and who | 20 | | does not assent to the administration of recommended | 21 | | psychotropic medication, provisions providing standards | 22 | | and procedures for reviewing the youth's concerns. With | 23 | | respect to any youth over the age of 18 for whom the | 24 | | Department has legal responsibility and who does not | 25 | | consent to the administration of recommended psychotropic | 26 | | medication, provisions providing standards and procedures |
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| 1 | | for reviewing the youth's concerns upon the youth's | 2 | | request and with the youth's consent. Standards and | 3 | | procedures developed under this subsection shall not be | 4 | | inconsistent with the Mental Health and Developmental | 5 | | Disabilities Code. | 6 | | (10) (j) Provisions ensuring that, subject to all | 7 | | relevant confidentiality laws, service plans for youth for | 8 | | whom the Department has legal responsibility include the | 9 | | following information: | 10 | | (A) (1) Identification by name and dosage of the | 11 | | psychotropic medication known by the Department to | 12 | | have been administered to the youth since the last | 13 | | service plan. | 14 | | (B) (2) The benefits of the psychotropic | 15 | | medication. | 16 | | (C) (3) The negative side effects of the | 17 | | psychotropic medication.
| 18 | | (b) The Department shall maintain a record of the | 19 | | following information for every youth in care prescribed or | 20 | | provided psychotropic medication: | 21 | | (1) a list of the psychotropic medications prescribed; | 22 | | (2) the consent date for each psychotropic medication | 23 | | prescribed; | 24 | | (3) the date the youth assented for each psychotropic | 25 | | medication prescribed; | 26 | | (4) the prescriber's name and contact information; |
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| 1 | | (5) the diagnoses received on each youth; and | 2 | | (6) the youth's weight. | 3 | | (c) The Department shall collect all necessary information | 4 | | to complete the annual report required under Section 15 and | 5 | | use this information to analyze prescribing patterns by | 6 | | population for youth for whom the Department is legally | 7 | | responsible. | 8 | | (d) The Department may contract for consulting services | 9 | | from a psychiatrist who has expertise and specializes in | 10 | | pediatric care for the purposes of the analysis required under | 11 | | subsection (c). | 12 | | (e) The Department, in cooperation with the Department of | 13 | | Healthcare and Family Services, shall ensure that on an annual | 14 | | basis all persons licensed under the Medical Practice Act of | 15 | | 1987 to practice medicine in all of its branches who prescribe | 16 | | psychotropic medication to youth for whom the Department is | 17 | | legally responsible are provided with comprehensive, | 18 | | up-to-date medical guidelines regarding the prescribing of | 19 | | such medications to youth in care. | 20 | | (Source: P.A. 97-245, eff. 8-4-11.) | 21 | | (20 ILCS 535/15)
| 22 | | Sec. 15. Annual report. | 23 | | (a) No later than December 31 of each year, the Department | 24 | | shall prepare and submit an annual report, covering the | 25 | | previous fiscal year, to the General Assembly concerning the |
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| 1 | | administration of psychotropic medication to persons for whom | 2 | | it is legally responsible. This report shall include, but is | 3 | | not limited to, the following: | 4 | | (1) The number of violations of any rule enacted | 5 | | pursuant to Section 5 of this Act. | 6 | | (2) The number of warnings issued pursuant to | 7 | | subsection (b) of Section 10 of this Act. | 8 | | (3) The number of physicians who have been issued | 9 | | warnings pursuant to subsection (b) of Section 10 of this | 10 | | Act. | 11 | | (4) The number of physicians who have been reported to | 12 | | the Department of Financial and Professional Regulation | 13 | | pursuant to subsection (c) of Section 10 of this Act, and, | 14 | | if available, the results of such reports. | 15 | | (5) The number of facilities that have been reported | 16 | | to the Department of Public Health pursuant to subsection | 17 | | (d) of Section 10 of this Act and, if available, the | 18 | | results of such reports. | 19 | | (6) The number of Department-licensed facilities that | 20 | | have been the subject of licensing complaints pursuant to | 21 | | subsection (f) of Section 10 of this Act, and if | 22 | | available, the results of the complaint investigations. | 23 | | (7) Any recommendations for legislative changes or | 24 | | amendments to any of its rules or procedures established | 25 | | or maintained in compliance with this Act. | 26 | | (8) The total number of requests the Department |
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| 1 | | received requesting consent to provide psychotropic | 2 | | medication to youth for whom the Department is legally | 3 | | responsible and the total number of these requests that | 4 | | the Department denied. | 5 | | (9) The number of physicians who prescribed | 6 | | psychotropic medication to youth for whom the Department | 7 | | is legally responsible and obtained the consent of the | 8 | | Department as guardian. | 9 | | (10) The number of physicians who have prescribed | 10 | | psychotropic medication to youth for whom the Department | 11 | | is legally responsible without the consent of the | 12 | | Department as guardian. | 13 | | (11) The total number of youth for whom the Department | 14 | | is legally responsible who are prescribed at least one | 15 | | psychotropic medication. | 16 | | (12) The total number of youth for whom the Department | 17 | | is legally responsible who received at least one | 18 | | psychotropic medication on an emergency basis, and of | 19 | | those, the number in which Department procedures for | 20 | | emergency consent and notification were followed. | 21 | | (13) Pharmacy claims data for the youth categorized by | 22 | | age groups 0 through 6, 7 through 12, or 13 through 17 and | 23 | | further categorized by gender and the number and type of | 24 | | medication prescribed. | 25 | | Prior to the release of this data, personal identifiers, | 26 | | such as name, date of birth, address, and Social Security |
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| 1 | | number, shall be removed and a unique identifier shall be | 2 | | submitted. | 3 | | (b) The requirement for reporting to the General Assembly | 4 | | shall be satisfied by filing copies of the report as required | 5 | | by Section 3.1 of the General Assembly Organization Act and by | 6 | | filing additional copies with the State Government Report | 7 | | Distribution Center for the General Assembly as required under | 8 | | paragraph (t) of Section 7 of the State Library Act.
| 9 | | (c) No later than December 31, 2021, and December 31 of | 10 | | each year thereafter, the Department shall post on its website | 11 | | each annual report required under this Section. | 12 | | (Source: P.A. 100-1148, eff. 12-10-18.) | 13 | | Section 10. The Medical Practice Act of 1987 is amended by | 14 | | changing Section 22 as follows:
| 15 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 16 | | (Section scheduled to be repealed on January 1, 2022)
| 17 | | Sec. 22. Disciplinary action.
| 18 | | (A) The Department may revoke, suspend, place on | 19 | | probation, reprimand, refuse to issue or renew, or take any | 20 | | other disciplinary or non-disciplinary action as the | 21 | | Department may deem proper
with regard to the license or | 22 | | permit of any person issued
under this Act, including imposing | 23 | | fines not to exceed $10,000 for each violation, upon any of the | 24 | | following grounds:
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| 1 | | (1) (Blank).
| 2 | | (2) (Blank).
| 3 | | (3) A plea of guilty or nolo contendere, finding of | 4 | | guilt, jury verdict, or entry of judgment or sentencing, | 5 | | including, but not limited to, convictions, preceding | 6 | | sentences of supervision, conditional discharge, or first | 7 | | offender probation, under the laws of any jurisdiction of | 8 | | the United States of any crime that is a felony.
| 9 | | (4) Gross negligence in practice under this Act.
| 10 | | (5) Engaging in dishonorable, unethical , or | 11 | | unprofessional
conduct of a
character likely to deceive, | 12 | | defraud or harm the public.
| 13 | | (6) Obtaining any fee by fraud, deceit, or
| 14 | | misrepresentation.
| 15 | | (7) Habitual or excessive use or abuse of drugs | 16 | | defined in law
as
controlled substances, of alcohol, or of | 17 | | any other substances which results in
the inability to | 18 | | practice with reasonable judgment, skill , or safety.
| 19 | | (8) Practicing under a false or, except as provided by | 20 | | law, an
assumed
name.
| 21 | | (9) Fraud or misrepresentation in applying for, or | 22 | | procuring, a
license
under this Act or in connection with | 23 | | applying for renewal of a license under
this Act.
| 24 | | (10) Making a false or misleading statement regarding | 25 | | their
skill or the
efficacy or value of the medicine, | 26 | | treatment, or remedy prescribed by them at
their direction |
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| 1 | | in the treatment of any disease or other condition of the | 2 | | body
or mind.
| 3 | | (11) Allowing another person or organization to use | 4 | | their
license, procured
under this Act, to practice.
| 5 | | (12) Adverse action taken by another state or | 6 | | jurisdiction
against a license
or other authorization to | 7 | | practice as a medical doctor, doctor of osteopathy,
doctor | 8 | | of osteopathic medicine or
doctor of chiropractic, a | 9 | | certified copy of the record of the action taken by
the | 10 | | other state or jurisdiction being prima facie evidence | 11 | | thereof. This includes any adverse action taken by a State | 12 | | or federal agency that prohibits a medical doctor, doctor | 13 | | of osteopathy, doctor of osteopathic medicine, or doctor | 14 | | of chiropractic from providing services to the agency's | 15 | | participants.
| 16 | | (13) Violation of any provision of this Act or of the | 17 | | Medical
Practice Act
prior to the repeal of that Act, or | 18 | | violation of the rules, or a final
administrative action | 19 | | of the Secretary, after consideration of the
| 20 | | recommendation of the Disciplinary Board.
| 21 | | (14) Violation of the prohibition against fee | 22 | | splitting in Section 22.2 of this Act.
| 23 | | (15) A finding by the Disciplinary Board that the
| 24 | | registrant after
having his or her license placed on | 25 | | probationary status or subjected to
conditions or | 26 | | restrictions violated the terms of the probation or failed |
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| 1 | | to
comply with such terms or conditions.
| 2 | | (16) Abandonment of a patient.
| 3 | | (17) Prescribing, selling, administering, | 4 | | distributing, giving ,
or
self-administering any drug | 5 | | classified as a controlled substance (designated
product) | 6 | | or narcotic for other than medically accepted therapeutic
| 7 | | purposes.
| 8 | | (18) Promotion of the sale of drugs, devices, | 9 | | appliances , or
goods provided
for a patient in such manner | 10 | | as to exploit the patient for financial gain of
the | 11 | | physician.
| 12 | | (19) Offering, undertaking , or agreeing to cure or | 13 | | treat
disease by a secret
method, procedure, treatment , or | 14 | | medicine, or the treating, operating , or
prescribing for | 15 | | any human condition by a method, means , or procedure which | 16 | | the
licensee refuses to divulge upon demand of the | 17 | | Department.
| 18 | | (20) Immoral conduct in the commission of any act | 19 | | including,
but not limited to, commission of an act of | 20 | | sexual misconduct related to the
licensee's
practice.
| 21 | | (21) Willfully making or filing false records or | 22 | | reports in his
or her
practice as a physician, including, | 23 | | but not limited to, false records to
support claims | 24 | | against the medical assistance program of the Department | 25 | | of Healthcare and Family Services (formerly Department of
| 26 | | Public Aid)
under the Illinois Public Aid Code.
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| 1 | | (22) Willful omission to file or record, or willfully | 2 | | impeding
the filing or
recording, or inducing another | 3 | | person to omit to file or record, medical
reports as | 4 | | required by law, or willfully failing to report an | 5 | | instance of
suspected abuse or neglect as required by law.
| 6 | | (23) Being named as a perpetrator in an indicated | 7 | | report by
the Department
of Children and Family Services | 8 | | under the Abused and Neglected Child Reporting
Act, and | 9 | | upon proof by clear and convincing evidence that the | 10 | | licensee has
caused a child to be an abused child or | 11 | | neglected child as defined in the
Abused and Neglected | 12 | | Child Reporting Act.
| 13 | | (24) Solicitation of professional patronage by any
| 14 | | corporation, agents or
persons, or profiting from those | 15 | | representing themselves to be agents of the
licensee.
| 16 | | (25) Gross and willful and continued overcharging for
| 17 | | professional services,
including filing false statements | 18 | | for collection of fees for which services are
not | 19 | | rendered, including, but not limited to, filing such false | 20 | | statements for
collection of monies for services not | 21 | | rendered from the medical assistance
program of the | 22 | | Department of Healthcare and Family Services (formerly | 23 | | Department of Public Aid)
under the Illinois Public Aid
| 24 | | Code.
| 25 | | (26) A pattern of practice or other behavior which
| 26 | | demonstrates
incapacity
or incompetence to practice under |
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| 1 | | this Act.
| 2 | | (27) Mental illness or disability which results in the
| 3 | | inability to
practice under this Act with reasonable | 4 | | judgment, skill , or safety.
| 5 | | (28) Physical illness, including, but not limited to,
| 6 | | deterioration through
the aging process, or loss of motor | 7 | | skill which results in a physician's
inability to practice | 8 | | under this Act with reasonable judgment, skill , or
safety.
| 9 | | (29) Cheating on or attempt to subvert the licensing
| 10 | | examinations
administered under this Act.
| 11 | | (30) Willfully or negligently violating the | 12 | | confidentiality
between
physician and patient except as | 13 | | required by law.
| 14 | | (31) The use of any false, fraudulent, or deceptive | 15 | | statement
in any
document connected with practice under | 16 | | this Act.
| 17 | | (32) Aiding and abetting an individual not licensed | 18 | | under this
Act in the
practice of a profession licensed | 19 | | under this Act.
| 20 | | (33) Violating state or federal laws or regulations | 21 | | relating
to controlled
substances, legend
drugs, or | 22 | | ephedra as defined in the Ephedra Prohibition Act.
| 23 | | (34) Failure to report to the Department any adverse | 24 | | final
action taken
against them by another licensing | 25 | | jurisdiction (any other state or any
territory of the | 26 | | United States or any foreign state or country), by any |
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| 1 | | peer
review body, by any health care institution, by any | 2 | | professional society or
association related to practice | 3 | | under this Act, by any governmental agency, by
any law | 4 | | enforcement agency, or by any court for acts or conduct | 5 | | similar to acts
or conduct which would constitute grounds | 6 | | for action as defined in this
Section.
| 7 | | (35) Failure to report to the Department surrender of | 8 | | a
license or
authorization to practice as a medical | 9 | | doctor, a doctor of osteopathy, a
doctor of osteopathic | 10 | | medicine, or doctor
of chiropractic in another state or | 11 | | jurisdiction, or surrender of membership on
any medical | 12 | | staff or in any medical or professional association or | 13 | | society,
while under disciplinary investigation by any of | 14 | | those authorities or bodies,
for acts or conduct similar | 15 | | to acts or conduct which would constitute grounds
for | 16 | | action as defined in this Section.
| 17 | | (36) Failure to report to the Department any adverse | 18 | | judgment,
settlement,
or award arising from a liability | 19 | | claim related to acts or conduct similar to
acts or | 20 | | conduct which would constitute grounds for action as | 21 | | defined in this
Section.
| 22 | | (37) Failure to provide copies of medical records as | 23 | | required
by law.
| 24 | | (38) Failure to furnish the Department, its | 25 | | investigators or
representatives, relevant information, | 26 | | legally requested by the Department
after consultation |
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| 1 | | with the Chief Medical Coordinator or the Deputy Medical
| 2 | | Coordinator.
| 3 | | (39) Violating the Health Care Worker Self-Referral
| 4 | | Act.
| 5 | | (40) Willful failure to provide notice when notice is | 6 | | required
under the
Parental Notice of Abortion Act of | 7 | | 1995.
| 8 | | (41) Failure to establish and maintain records of | 9 | | patient care and
treatment as required by this law.
| 10 | | (42) Entering into an excessive number of written | 11 | | collaborative
agreements with licensed advanced practice | 12 | | registered nurses resulting in an inability to
adequately | 13 | | collaborate.
| 14 | | (43) Repeated failure to adequately collaborate with a | 15 | | licensed advanced practice registered nurse. | 16 | | (44) Violating the Compassionate Use of Medical | 17 | | Cannabis Program Act.
| 18 | | (45) Entering into an excessive number of written | 19 | | collaborative agreements with licensed prescribing | 20 | | psychologists resulting in an inability to adequately | 21 | | collaborate. | 22 | | (46) Repeated failure to adequately collaborate with a | 23 | | licensed prescribing psychologist. | 24 | | (47) Willfully failing to report an instance of | 25 | | suspected abuse, neglect, financial exploitation, or | 26 | | self-neglect of an eligible adult as defined in and |
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| 1 | | required by the Adult Protective Services Act. | 2 | | (48) Being named as an abuser in a verified report by | 3 | | the Department on Aging under the Adult Protective | 4 | | Services Act, and upon proof by clear and convincing | 5 | | evidence that the licensee abused, neglected, or | 6 | | financially exploited an eligible adult as defined in the | 7 | | Adult Protective Services Act. | 8 | | (49) Entering into an excessive number of written | 9 | | collaborative agreements with licensed physician | 10 | | assistants resulting in an inability to adequately | 11 | | collaborate. | 12 | | (50) Repeated failure to adequately collaborate with a | 13 | | physician assistant. | 14 | | (51) Repeated acts of clearly excessive prescribing, | 15 | | furnishing, or administering psychotropic medications to a | 16 | | minor without a good faith prior examination of the | 17 | | patient and medical reason therefor. | 18 | | Except
for actions involving the ground numbered (26), all | 19 | | proceedings to suspend,
revoke, place on probationary status, | 20 | | or take any
other disciplinary action as the Department may | 21 | | deem proper, with regard to a
license on any of the foregoing | 22 | | grounds, must be commenced within 5 years next
after receipt | 23 | | by the Department of a complaint alleging the commission of or
| 24 | | notice of the conviction order for any of the acts described | 25 | | herein. Except
for the grounds numbered (8), (9), (26), and | 26 | | (29), no action shall be commenced more
than 10 years after the |
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| 1 | | date of the incident or act alleged to have violated
this | 2 | | Section. For actions involving the ground numbered (26), a | 3 | | pattern of practice or other behavior includes all incidents | 4 | | alleged to be part of the pattern of practice or other behavior | 5 | | that occurred, or a report pursuant to Section 23 of this Act | 6 | | received, within the 10-year period preceding the filing of | 7 | | the complaint. In the event of the settlement of any claim or | 8 | | cause of action
in favor of the claimant or the reduction to | 9 | | final judgment of any civil action
in favor of the plaintiff, | 10 | | such claim, cause of action , or civil action being
grounded on | 11 | | the allegation that a person licensed under this Act was | 12 | | negligent
in providing care, the Department shall have an | 13 | | additional period of 2 years
from the date of notification to | 14 | | the Department under Section 23 of this Act
of such settlement | 15 | | or final judgment in which to investigate and
commence formal | 16 | | disciplinary proceedings under Section 36 of this Act, except
| 17 | | as otherwise provided by law. The time during which the holder | 18 | | of the license
was outside the State of Illinois shall not be | 19 | | included within any period of
time limiting the commencement | 20 | | of disciplinary action by the Department.
| 21 | | The entry of an order or judgment by any circuit court | 22 | | establishing that any
person holding a license under this Act | 23 | | is a person in need of mental treatment
operates as a | 24 | | suspension of that license. That person may resume his or her | 25 | | their
practice only upon the entry of a Departmental order | 26 | | based upon a finding by
the Disciplinary Board that the person |
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| 1 | | has they have been determined to be recovered
from mental | 2 | | illness by the court and upon the Disciplinary Board's
| 3 | | recommendation that the person they be permitted to resume his | 4 | | or her their practice.
| 5 | | The Department may refuse to issue or take disciplinary | 6 | | action concerning the license of any person
who fails to file a | 7 | | return, or to pay the tax, penalty , or interest shown in a
| 8 | | filed return, or to pay any final assessment of tax, penalty , | 9 | | or interest, as
required by any tax Act administered by the | 10 | | Illinois Department of Revenue,
until such time as the | 11 | | requirements of any such tax Act are satisfied as
determined | 12 | | by the Illinois Department of Revenue.
| 13 | | The Department, upon the recommendation of the | 14 | | Disciplinary Board, shall
adopt rules which set forth | 15 | | standards to be used in determining:
| 16 | | (a) when a person will be deemed sufficiently | 17 | | rehabilitated to warrant the
public trust;
| 18 | | (b) what constitutes dishonorable, unethical , or | 19 | | unprofessional conduct of
a character likely to deceive, | 20 | | defraud, or harm the public;
| 21 | | (c) what constitutes immoral conduct in the commission | 22 | | of any act,
including, but not limited to, commission of | 23 | | an act of sexual misconduct
related
to the licensee's | 24 | | practice; and
| 25 | | (d) what constitutes gross negligence in the practice | 26 | | of medicine.
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| 1 | | However, no such rule shall be admissible into evidence in | 2 | | any civil action
except for review of a licensing or other | 3 | | disciplinary action under this Act.
| 4 | | In enforcing this Section, the Disciplinary Board or the | 5 | | Licensing Board,
upon a showing of a possible violation, may | 6 | | compel, in the case of the Disciplinary Board, any individual | 7 | | who is licensed to
practice under this Act or holds a permit to | 8 | | practice under this Act, or, in the case of the Licensing | 9 | | Board, any individual who has applied for licensure or a | 10 | | permit
pursuant to this Act, to submit to a mental or physical | 11 | | examination and evaluation, or both,
which may include a | 12 | | substance abuse or sexual offender evaluation, as required by | 13 | | the Licensing Board or Disciplinary Board and at the expense | 14 | | of the Department. The Disciplinary Board or Licensing Board | 15 | | shall specifically designate the examining physician licensed | 16 | | to practice medicine in all of its branches or, if applicable, | 17 | | the multidisciplinary team involved in providing the mental or | 18 | | physical examination and evaluation, or both. The | 19 | | multidisciplinary team shall be led by a physician licensed to | 20 | | practice medicine in all of its branches and may consist of one | 21 | | or more or a combination of physicians licensed to practice | 22 | | medicine in all of its branches, licensed chiropractic | 23 | | physicians, licensed clinical psychologists, licensed clinical | 24 | | social workers, licensed clinical professional counselors, and | 25 | | other professional and administrative staff. Any examining | 26 | | physician or member of the multidisciplinary team may require |
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| 1 | | any person ordered to submit to an examination and evaluation | 2 | | pursuant to this Section to submit to any additional | 3 | | supplemental testing deemed necessary to complete any | 4 | | examination or evaluation process, including, but not limited | 5 | | to, blood testing, urinalysis, psychological testing, or | 6 | | neuropsychological testing.
The Disciplinary Board, the | 7 | | Licensing Board, or the Department may order the examining
| 8 | | physician or any member of the multidisciplinary team to | 9 | | provide to the Department, the Disciplinary Board, or the | 10 | | Licensing Board any and all records, including business | 11 | | records, that relate to the examination and evaluation, | 12 | | including any supplemental testing performed. The Disciplinary | 13 | | Board, the Licensing Board, or the Department may order the | 14 | | examining physician or any member of the multidisciplinary | 15 | | team to present testimony concerning this examination
and | 16 | | evaluation of the licensee, permit holder, or applicant, | 17 | | including testimony concerning any supplemental testing or | 18 | | documents relating to the examination and evaluation. No | 19 | | information, report, record, or other documents in any way | 20 | | related to the examination and evaluation shall be excluded by | 21 | | reason of
any common
law or statutory privilege relating to | 22 | | communication between the licensee, permit holder, or
| 23 | | applicant and
the examining physician or any member of the | 24 | | multidisciplinary team.
No authorization is necessary from the | 25 | | licensee, permit holder, or applicant ordered to undergo an | 26 | | evaluation and examination for the examining physician or any |
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| 1 | | member of the multidisciplinary team to provide information, | 2 | | reports, records, or other documents or to provide any | 3 | | testimony regarding the examination and evaluation. The | 4 | | individual to be examined may have, at his or her own expense, | 5 | | another
physician of his or her choice present during all | 6 | | aspects of the examination.
Failure of any individual to | 7 | | submit to mental or physical examination and evaluation, or | 8 | | both, when
directed, shall result in an automatic suspension, | 9 | | without hearing, until such time
as the individual submits to | 10 | | the examination. If the Disciplinary Board or Licensing Board | 11 | | finds a physician unable
to practice following an examination | 12 | | and evaluation because of the reasons set forth in this | 13 | | Section, the Disciplinary
Board or Licensing Board shall | 14 | | require such physician to submit to care, counseling, or | 15 | | treatment
by physicians, or other health care professionals, | 16 | | approved or designated by the Disciplinary Board, as a | 17 | | condition
for issued, continued, reinstated, or renewed | 18 | | licensure to practice. Any physician,
whose license was | 19 | | granted pursuant to Sections 9, 17, or 19 of this Act, or,
| 20 | | continued, reinstated, renewed, disciplined or supervised, | 21 | | subject to such
terms, conditions , or restrictions who shall | 22 | | fail to comply with such terms,
conditions , or restrictions, | 23 | | or to complete a required program of care,
counseling, or | 24 | | treatment, as determined by the Chief Medical Coordinator or
| 25 | | Deputy Medical Coordinators, shall be referred to the | 26 | | Secretary for a
determination as to whether the licensee shall |
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| 1 | | have his or her their license suspended
immediately, pending a | 2 | | hearing by the Disciplinary Board. In instances in
which the | 3 | | Secretary immediately suspends a license under this Section, a | 4 | | hearing
upon such person's license must be convened by the | 5 | | Disciplinary Board within 15
days after such suspension and | 6 | | completed without appreciable delay. The
Disciplinary Board | 7 | | shall have the authority to review the subject physician's
| 8 | | record of treatment and counseling regarding the impairment, | 9 | | to the extent
permitted by applicable federal statutes and | 10 | | regulations safeguarding the
confidentiality of medical | 11 | | records.
| 12 | | An individual licensed under this Act, affected under this | 13 | | Section, shall be
afforded an opportunity to demonstrate to | 14 | | the Disciplinary Board that he or she they can
resume practice | 15 | | in compliance with acceptable and prevailing standards under
| 16 | | the provisions of his or her their license.
| 17 | | The Department may promulgate rules for the imposition of | 18 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 19 | | violation of this Act. Fines
may be imposed in conjunction | 20 | | with other forms of disciplinary action, but
shall not be the | 21 | | exclusive disposition of any disciplinary action arising out
| 22 | | of conduct resulting in death or injury to a patient. Any funds | 23 | | collected from
such fines shall be deposited in the Illinois | 24 | | State Medical Disciplinary Fund.
| 25 | | All fines imposed under this Section shall be paid within | 26 | | 60 days after the effective date of the order imposing the fine |
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| 1 | | or in accordance with the terms set forth in the order imposing | 2 | | the fine. | 3 | | (B) The Department shall revoke the license or
permit | 4 | | issued under this Act to practice medicine or a chiropractic | 5 | | physician who
has been convicted a second time of committing | 6 | | any felony under the
Illinois Controlled Substances Act or the | 7 | | Methamphetamine Control and Community Protection Act, or who | 8 | | has been convicted a second time of
committing a Class 1 felony | 9 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 10 | | person whose license or permit is revoked
under
this | 11 | | subsection B shall be prohibited from practicing
medicine or | 12 | | treating human ailments without the use of drugs and without
| 13 | | operative surgery.
| 14 | | (C) The Department shall not revoke, suspend, place on | 15 | | probation, reprimand, refuse to issue or renew, or take any | 16 | | other disciplinary or non-disciplinary action against the | 17 | | license or permit issued under this Act to practice medicine | 18 | | to a physician: | 19 | | (1) based solely upon the recommendation of the | 20 | | physician to an eligible patient regarding, or | 21 | | prescription for, or treatment with, an investigational | 22 | | drug, biological product, or device; or | 23 | | (2) for experimental treatment for Lyme disease or | 24 | | other tick-borne diseases, including, but not limited to, | 25 | | the prescription of or treatment with long-term | 26 | | antibiotics. |
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| 1 | | (D) The Disciplinary Board shall recommend to the
| 2 | | Department civil
penalties and any other appropriate | 3 | | discipline in disciplinary cases when the
Board finds that a | 4 | | physician willfully performed an abortion with actual
| 5 | | knowledge that the person upon whom the abortion has been | 6 | | performed is a minor
or an incompetent person without notice | 7 | | as required under the Parental Notice
of Abortion Act of 1995. | 8 | | Upon the Board's recommendation, the Department shall
impose, | 9 | | for the first violation, a civil penalty of $1,000 and for a | 10 | | second or
subsequent violation, a civil penalty of $5,000.
| 11 | | (Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; | 12 | | 100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. | 13 | | 1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363, | 14 | | eff. 8-9-19; revised 9-20-19.)".
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