Full Text of SB0029 99th General Assembly
SB0029eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Right | 5 | | to Try Act. | 6 | | Section 5. Findings. The General Assembly finds that the | 7 | | process of approval for investigational drugs, biological | 8 | | products, and devices in the United States often takes many | 9 | | years, and a patient with a terminal illness does not have the | 10 | | luxury of waiting until such drug, product, or device receives | 11 | | final approval from the United States Food and Drug | 12 | | Administration. As a result, the standards of the United States | 13 | | Food and Drug Administration for the use of investigational | 14 | | drugs, biological products, and devices may deny the benefits | 15 | | of potentially life-saving treatments to terminally ill | 16 | | patients. A patient with a terminal illness has a fundamental | 17 | | right to attempt to preserve his or her own life by accessing | 18 | | investigational drugs, biological products, and devices. | 19 | | Whether to use available investigational drugs, biological | 20 | | products, and devices is a decision that rightfully should be | 21 | | made by the patient with a terminal illness in consultation | 22 | | with his or her physician and is not a decision to be made by | 23 | | the government. |
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| 1 | | Section 10. Definitions. For the purposes of this Act: | 2 | | "Accident and health insurer" has the meaning given to that | 3 | | term in Section 126.2 of the Illinois Insurance Code. | 4 | | "Eligible patient" means a person who: | 5 | | (1) has a terminal illness; | 6 | | (2) has considered all other treatment options | 7 | | approved by the United States Food and Drug Administration; | 8 | | (3) has received a prescription or recommendation from | 9 | | his or her physician for an investigational drug, | 10 | | biological product, or device; | 11 | | (4) has given his or her informed consent in writing | 12 | | for the use of the investigational drug, biological | 13 | | product, or device or, if he or she is a minor or lacks the | 14 | | mental capacity to provide informed consent, a parent or | 15 | | legal guardian has given informed consent on his or her | 16 | | behalf; and | 17 | | (5) has documentation from his or her physician | 18 | | indicating that he or she has met the requirements of this | 19 | | Act. | 20 | | "Investigational drug, biological product, or device" | 21 | | means a drug, biological product, or device that has | 22 | | successfully completed Phase I of a clinical trial, but has not | 23 | | been approved for general use by the United States Food and | 24 | | Drug Administration. | 25 | | "Phase I of a clinical trial" means the stage of a clinical |
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| 1 | | trial where an investigational drug, biological product, or | 2 | | device has been tested in a small group for the first time to | 3 | | evaluate its safety, determine a safe dosage range, and | 4 | | identify side effects. | 5 | | "Terminal illness" means a disease that, without | 6 | | life-sustaining measures, can reasonably be expected to result | 7 | | in death in 24 months or less. | 8 | | Section 15. Availability of drugs, biological products, | 9 | | and devices. | 10 | | (a) A manufacturer of an investigational drug, biological | 11 | | product, or device may make available such drug, product, or | 12 | | device to eligible patients. Nothing in this Act shall be | 13 | | construed to require a manufacturer to make available any drug, | 14 | | product, or device. | 15 | | (b) A manufacturer may: | 16 | | (1) provide an investigational drug, biological | 17 | | product, or device to an eligible patient without receiving | 18 | | compensation; or | 19 | | (2) require an eligible patient to pay the costs of or | 20 | | associated with the manufacture of the investigational | 21 | | drug, biological product, or device. | 22 | | Section 20. Insurance coverage. An accident and health | 23 | | insurer may choose to provide coverage for the cost of an | 24 | | investigational drug, biological product, or device. Nothing |
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| 1 | | in this Act shall be construed to require an accident and | 2 | | health insurer to provide coverage for the cost of any | 3 | | investigational drug, biological product, or device. | 4 | | Section 80. The Nursing Home Care Act is amended by | 5 | | changing Section 2-104 as follows:
| 6 | | (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
| 7 | | Sec. 2-104.
(a) A resident shall be permitted to retain the | 8 | | services
of his own personal physician at his own expense or | 9 | | under an individual or
group plan of health insurance, or under | 10 | | any public or private
assistance program providing such | 11 | | coverage. However, the facility is
not liable for the | 12 | | negligence of any such personal physician. Every
resident shall | 13 | | be permitted to obtain from his own physician or the
physician | 14 | | attached to the facility complete and current information
| 15 | | concerning his medical diagnosis, treatment and prognosis in | 16 | | terms and
language the resident can reasonably be expected to | 17 | | understand. Every
resident shall be permitted to participate in | 18 | | the planning of his total
care and medical treatment to the | 19 | | extent that his condition permits. No
resident shall be | 20 | | subjected to experimental research or treatment
without first | 21 | | obtaining his informed, written consent. The conduct of
any | 22 | | experimental research or treatment shall be authorized and | 23 | | monitored
by an institutional review board appointed by the | 24 | | Director. The
membership, operating procedures and review |
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| 1 | | criteria for the institutional
review board shall be prescribed | 2 | | under rules and regulations of the
Department and shall comply | 3 | | with the requirements for institutional review boards | 4 | | established by the federal Food and Drug Administration. No | 5 | | person who has received compensation in the prior 3 years from | 6 | | an entity that manufactures, distributes, or sells | 7 | | pharmaceuticals, biologics, or medical devices may serve on the | 8 | | institutional review board. | 9 | | The institutional review board may approve only research or | 10 | | treatment that meets the standards of the federal Food and Drug | 11 | | Administration with respect to (i) the protection of human | 12 | | subjects and (ii) financial disclosure by clinical | 13 | | investigators. The Office of State Long Term Care Ombudsman and | 14 | | the State Protection and Advocacy organization shall be given | 15 | | an opportunity to comment on any request for approval before | 16 | | the board makes a decision. Those entities shall not be | 17 | | provided information that would allow a potential human subject | 18 | | to be individually identified, unless the board asks the | 19 | | Ombudsman for help in securing information from or about the | 20 | | resident. The board shall require frequent reporting of the | 21 | | progress of the approved research or treatment and its impact | 22 | | on residents, including immediate reporting of any adverse | 23 | | impact to the resident, the resident's representative, the | 24 | | Office of the State Long Term Care Ombudsman, and the State | 25 | | Protection and Advocacy organization. The board may not approve | 26 | | any retrospective study of the records of any resident about |
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| 1 | | the safety or efficacy of any care or treatment if the resident | 2 | | was under the care of the proposed researcher or a business | 3 | | associate when the care or treatment was given, unless the | 4 | | study is under the control of a researcher without any business | 5 | | relationship to any person or entity who could benefit from the | 6 | | findings of the study. | 7 | | No facility shall permit experimental research or | 8 | | treatment to be conducted on a resident, or give access to any | 9 | | person or person's records for a retrospective study about the | 10 | | safety or efficacy of any care or treatment, without the prior | 11 | | written approval of the institutional review board. No nursing | 12 | | home administrator, or person licensed by the State to provide | 13 | | medical care or treatment to any person, may assist or | 14 | | participate in any experimental research on or treatment of a | 15 | | resident, including a retrospective study, that does not have | 16 | | the prior written approval of the board. Such conduct shall be | 17 | | grounds for professional discipline by the Department of | 18 | | Financial and
Professional Regulation. | 19 | | The institutional review board may exempt from ongoing | 20 | | review research or treatment initiated on a resident before the | 21 | | individual's admission to a facility and for which the board | 22 | | determines there is adequate ongoing oversight by another | 23 | | institutional review board. Nothing in this Section shall | 24 | | prevent a facility, any facility employee, or any other person | 25 | | from assisting or participating in any experimental research on | 26 | | or treatment of a resident, if the research or treatment began |
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| 1 | | before the person's admission to a facility, until the board | 2 | | has reviewed the research or treatment and decided to grant or | 3 | | deny approval or to exempt the research or treatment from | 4 | | ongoing review.
| 5 | | The institutional review board requirements of this | 6 | | subsection (a) do not apply to investigational drugs, | 7 | | biological products, or devices used by a resident with a | 8 | | terminal illness as set forth in the Right to Try Act. | 9 | | (b) All medical treatment and procedures shall be | 10 | | administered as
ordered by a physician. All new physician | 11 | | orders shall be reviewed by the
facility's director of nursing | 12 | | or charge nurse designee within 24 hours
after such orders have | 13 | | been issued to assure facility compliance with such orders.
| 14 | | All physician's orders and plans of treatment shall have | 15 | | the authentication of the physician. For the purposes of this | 16 | | subsection (b), "authentication" means an original written | 17 | | signature or an electronic signature system that allows for the | 18 | | verification of a signer's credentials. A stamp signature, with | 19 | | or without initials, is not sufficient. | 20 | | According to rules adopted by the Department, every woman | 21 | | resident of
child-bearing age shall receive routine | 22 | | obstetrical and gynecological
evaluations as well as necessary | 23 | | prenatal care.
| 24 | | (c) Every resident shall be permitted to refuse medical | 25 | | treatment
and to know the consequences of such action, unless | 26 | | such refusal would
be harmful to the health and safety of |
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| 1 | | others and such harm is
documented by a physician in the | 2 | | resident's clinical record. The
resident's refusal shall free | 3 | | the facility from the obligation to
provide the treatment.
| 4 | | (d) Every resident, resident's guardian, or parent if the | 5 | | resident
is a minor shall be permitted to inspect and copy all | 6 | | his clinical and
other records concerning his care and | 7 | | maintenance kept by the facility
or by his physician. The | 8 | | facility may charge a reasonable fee for
duplication of a | 9 | | record.
| 10 | | (Source: P.A. 96-1372, eff. 7-29-10; 97-179, eff. 1-1-12.)
| 11 | | Section 90. The Medical Practice Act of 1987 is amended by | 12 | | changing Section 22 as follows:
| 13 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 14 | | (Section scheduled to be repealed on December 31, 2015)
| 15 | | Sec. 22. Disciplinary action.
| 16 | | (A) The Department may revoke, suspend, place on probation, | 17 | | reprimand, refuse to issue or renew, or take any other | 18 | | disciplinary or non-disciplinary action as the Department may | 19 | | deem proper
with regard to the license or permit of any person | 20 | | issued
under this Act, including imposing fines not to exceed | 21 | | $10,000 for each violation, upon any of the following grounds:
| 22 | | (1) Performance of an elective abortion in any place, | 23 | | locale,
facility, or
institution other than:
| 24 | | (a) a facility licensed pursuant to the Ambulatory |
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| 1 | | Surgical Treatment
Center Act;
| 2 | | (b) an institution licensed under the Hospital | 3 | | Licensing Act;
| 4 | | (c) an ambulatory surgical treatment center or | 5 | | hospitalization or care
facility maintained by the | 6 | | State or any agency thereof, where such department
or | 7 | | agency has authority under law to establish and enforce | 8 | | standards for the
ambulatory surgical treatment | 9 | | centers, hospitalization, or care facilities
under its | 10 | | management and control;
| 11 | | (d) ambulatory surgical treatment centers, | 12 | | hospitalization or care
facilities maintained by the | 13 | | Federal Government; or
| 14 | | (e) ambulatory surgical treatment centers, | 15 | | hospitalization or care
facilities maintained by any | 16 | | university or college established under the laws
of | 17 | | this State and supported principally by public funds | 18 | | raised by
taxation.
| 19 | | (2) Performance of an abortion procedure in a wilful | 20 | | and wanton
manner on a
woman who was not pregnant at the | 21 | | time the abortion procedure was
performed.
| 22 | | (3) A plea of guilty or nolo contendere, finding of | 23 | | guilt, jury verdict, or entry of judgment or sentencing, | 24 | | including, but not limited to, convictions, preceding | 25 | | sentences of supervision, conditional discharge, or first | 26 | | offender probation, under the laws of any jurisdiction of |
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| 1 | | the United States of any crime that is a felony.
| 2 | | (4) Gross negligence in practice under this Act.
| 3 | | (5) Engaging in dishonorable, unethical or | 4 | | unprofessional
conduct of a
character likely to deceive, | 5 | | defraud or harm the public.
| 6 | | (6) Obtaining any fee by fraud, deceit, or
| 7 | | misrepresentation.
| 8 | | (7) Habitual or excessive use or abuse of drugs defined | 9 | | in law
as
controlled substances, of alcohol, or of any | 10 | | other substances which results in
the inability to practice | 11 | | with reasonable judgment, skill or safety.
| 12 | | (8) Practicing under a false or, except as provided by | 13 | | law, an
assumed
name.
| 14 | | (9) Fraud or misrepresentation in applying for, or | 15 | | procuring, a
license
under this Act or in connection with | 16 | | applying for renewal of a license under
this Act.
| 17 | | (10) Making a false or misleading statement regarding | 18 | | their
skill or the
efficacy or value of the medicine, | 19 | | treatment, or remedy prescribed by them at
their direction | 20 | | in the treatment of any disease or other condition of the | 21 | | body
or mind.
| 22 | | (11) Allowing another person or organization to use | 23 | | their
license, procured
under this Act, to practice.
| 24 | | (12) Adverse action taken by another state or | 25 | | jurisdiction
against a license
or other authorization to | 26 | | practice as a medical doctor, doctor of osteopathy,
doctor |
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| 1 | | of osteopathic medicine or
doctor of chiropractic, a | 2 | | certified copy of the record of the action taken by
the | 3 | | other state or jurisdiction being prima facie evidence | 4 | | thereof. This includes any adverse action taken by a State | 5 | | or federal agency that prohibits a medical doctor, doctor | 6 | | of osteopathy, doctor of osteopathic medicine, or doctor of | 7 | | chiropractic from providing services to the agency's | 8 | | participants.
| 9 | | (13) Violation of any provision of this Act or of the | 10 | | Medical
Practice Act
prior to the repeal of that Act, or | 11 | | violation of the rules, or a final
administrative action of | 12 | | the Secretary, after consideration of the
recommendation | 13 | | of the Disciplinary Board.
| 14 | | (14) Violation of the prohibition against fee | 15 | | splitting in Section 22.2 of this Act.
| 16 | | (15) A finding by the Disciplinary Board that the
| 17 | | registrant after
having his or her license placed on | 18 | | probationary status or subjected to
conditions or | 19 | | restrictions violated the terms of the probation or failed | 20 | | to
comply with such terms or conditions.
| 21 | | (16) Abandonment of a patient.
| 22 | | (17) Prescribing, selling, administering, | 23 | | distributing, giving
or
self-administering any drug | 24 | | classified as a controlled substance (designated
product) | 25 | | or narcotic for other than medically accepted therapeutic
| 26 | | purposes.
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| 1 | | (18) Promotion of the sale of drugs, devices, | 2 | | appliances or
goods provided
for a patient in such manner | 3 | | as to exploit the patient for financial gain of
the | 4 | | physician.
| 5 | | (19) Offering, undertaking or agreeing to cure or treat
| 6 | | disease by a secret
method, procedure, treatment or | 7 | | medicine, or the treating, operating or
prescribing for any | 8 | | human condition by a method, means or procedure which the
| 9 | | licensee refuses to divulge upon demand of the Department.
| 10 | | (20) Immoral conduct in the commission of any act | 11 | | including,
but not limited to, commission of an act of | 12 | | sexual misconduct related to the
licensee's
practice.
| 13 | | (21) Wilfully making or filing false records or reports | 14 | | in his
or her
practice as a physician, including, but not | 15 | | limited to, false records to
support claims against the | 16 | | medical assistance program of the Department of Healthcare | 17 | | and Family Services (formerly Department of
Public Aid)
| 18 | | under the Illinois Public Aid Code.
| 19 | | (22) Wilful omission to file or record, or wilfully | 20 | | impeding
the filing or
recording, or inducing another | 21 | | person to omit to file or record, medical
reports as | 22 | | required by law, or wilfully failing to report an instance | 23 | | of
suspected abuse or neglect as required by law.
| 24 | | (23) Being named as a perpetrator in an indicated | 25 | | report by
the Department
of Children and Family Services | 26 | | under the Abused and Neglected Child Reporting
Act, and |
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| 1 | | upon proof by clear and convincing evidence that the | 2 | | licensee has
caused a child to be an abused child or | 3 | | neglected child as defined in the
Abused and Neglected | 4 | | Child Reporting Act.
| 5 | | (24) Solicitation of professional patronage by any
| 6 | | corporation, agents or
persons, or profiting from those | 7 | | representing themselves to be agents of the
licensee.
| 8 | | (25) Gross and wilful and continued overcharging for
| 9 | | professional services,
including filing false statements | 10 | | for collection of fees for which services are
not rendered, | 11 | | including, but not limited to, filing such false statements | 12 | | for
collection of monies for services not rendered from the | 13 | | medical assistance
program of the Department of Healthcare | 14 | | and Family Services (formerly Department of Public Aid)
| 15 | | under the Illinois Public Aid
Code.
| 16 | | (26) A pattern of practice or other behavior which
| 17 | | demonstrates
incapacity
or incompetence to practice under | 18 | | this Act.
| 19 | | (27) Mental illness or disability which results in the
| 20 | | inability to
practice under this Act with reasonable | 21 | | judgment, skill or safety.
| 22 | | (28) Physical illness, including, but not limited to,
| 23 | | deterioration through
the aging process, or loss of motor | 24 | | skill which results in a physician's
inability to practice | 25 | | under this Act with reasonable judgment, skill or
safety.
| 26 | | (29) Cheating on or attempt to subvert the licensing
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| 1 | | examinations
administered under this Act.
| 2 | | (30) Wilfully or negligently violating the | 3 | | confidentiality
between
physician and patient except as | 4 | | required by law.
| 5 | | (31) The use of any false, fraudulent, or deceptive | 6 | | statement
in any
document connected with practice under | 7 | | this Act.
| 8 | | (32) Aiding and abetting an individual not licensed | 9 | | under this
Act in the
practice of a profession licensed | 10 | | under this Act.
| 11 | | (33) Violating state or federal laws or regulations | 12 | | relating
to controlled
substances, legend
drugs, or | 13 | | ephedra as defined in the Ephedra Prohibition Act.
| 14 | | (34) Failure to report to the Department any adverse | 15 | | final
action taken
against them by another licensing | 16 | | jurisdiction (any other state or any
territory of the | 17 | | United States or any foreign state or country), by any peer
| 18 | | review body, by any health care institution, by any | 19 | | professional society or
association related to practice | 20 | | under this Act, by any governmental agency, by
any law | 21 | | enforcement agency, or by any court for acts or conduct | 22 | | similar to acts
or conduct which would constitute grounds | 23 | | for action as defined in this
Section.
| 24 | | (35) Failure to report to the Department surrender of a
| 25 | | license or
authorization to practice as a medical doctor, a | 26 | | doctor of osteopathy, a
doctor of osteopathic medicine, or |
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| 1 | | doctor
of chiropractic in another state or jurisdiction, or | 2 | | surrender of membership on
any medical staff or in any | 3 | | medical or professional association or society,
while | 4 | | under disciplinary investigation by any of those | 5 | | authorities or bodies,
for acts or conduct similar to acts | 6 | | or conduct which would constitute grounds
for action as | 7 | | defined in this Section.
| 8 | | (36) Failure to report to the Department any adverse | 9 | | judgment,
settlement,
or award arising from a liability | 10 | | claim related to acts or conduct similar to
acts or conduct | 11 | | which would constitute grounds for action as defined in | 12 | | this
Section.
| 13 | | (37) Failure to provide copies of medical records as | 14 | | required
by law.
| 15 | | (38) Failure to furnish the Department, its | 16 | | investigators or
representatives, relevant information, | 17 | | legally requested by the Department
after consultation | 18 | | with the Chief Medical Coordinator or the Deputy Medical
| 19 | | Coordinator.
| 20 | | (39) Violating the Health Care Worker Self-Referral
| 21 | | Act.
| 22 | | (40) Willful failure to provide notice when notice is | 23 | | required
under the
Parental Notice of Abortion Act of 1995.
| 24 | | (41) Failure to establish and maintain records of | 25 | | patient care and
treatment as required by this law.
| 26 | | (42) Entering into an excessive number of written |
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| 1 | | collaborative
agreements with licensed advanced practice | 2 | | nurses resulting in an inability to
adequately | 3 | | collaborate.
| 4 | | (43) Repeated failure to adequately collaborate with a | 5 | | licensed advanced practice nurse. | 6 | | (44) Violating the Compassionate Use of Medical | 7 | | Cannabis Pilot Program Act.
| 8 | | (45) Entering into an excessive number of written | 9 | | collaborative agreements with licensed prescribing | 10 | | psychologists resulting in an inability to adequately | 11 | | collaborate. | 12 | | (46) Repeated failure to adequately collaborate with a | 13 | | licensed prescribing psychologist. | 14 | | Except
for actions involving the ground numbered (26), all | 15 | | proceedings to suspend,
revoke, place on probationary status, | 16 | | or take any
other disciplinary action as the Department may | 17 | | deem proper, with regard to a
license on any of the foregoing | 18 | | grounds, must be commenced within 5 years next
after receipt by | 19 | | the Department of a complaint alleging the commission of or
| 20 | | notice of the conviction order for any of the acts described | 21 | | herein. Except
for the grounds numbered (8), (9), (26), and | 22 | | (29), no action shall be commenced more
than 10 years after the | 23 | | date of the incident or act alleged to have violated
this | 24 | | Section. For actions involving the ground numbered (26), a | 25 | | pattern of practice or other behavior includes all incidents | 26 | | alleged to be part of the pattern of practice or other behavior |
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| 1 | | that occurred, or a report pursuant to Section 23 of this Act | 2 | | received, within the 10-year period preceding the filing of the | 3 | | complaint. In the event of the settlement of any claim or cause | 4 | | of action
in favor of the claimant or the reduction to final | 5 | | judgment of any civil action
in favor of the plaintiff, such | 6 | | claim, cause of action or civil action being
grounded on the | 7 | | allegation that a person licensed under this Act was negligent
| 8 | | in providing care, the Department shall have an additional | 9 | | period of 2 years
from the date of notification to the | 10 | | Department under Section 23 of this Act
of such settlement or | 11 | | final judgment in which to investigate and
commence formal | 12 | | disciplinary proceedings under Section 36 of this Act, except
| 13 | | as otherwise provided by law. The time during which the holder | 14 | | of the license
was outside the State of Illinois shall not be | 15 | | included within any period of
time limiting the commencement of | 16 | | disciplinary action by the Department.
| 17 | | The entry of an order or judgment by any circuit court | 18 | | establishing that any
person holding a license under this Act | 19 | | is a person in need of mental treatment
operates as a | 20 | | suspension of that license. That person may resume their
| 21 | | practice only upon the entry of a Departmental order based upon | 22 | | a finding by
the Disciplinary Board that they have been | 23 | | determined to be recovered
from mental illness by the court and | 24 | | upon the Disciplinary Board's
recommendation that they be | 25 | | permitted to resume their practice.
| 26 | | The Department may refuse to issue or take disciplinary |
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| 1 | | action concerning the license of any person
who fails to file a | 2 | | return, or to pay the tax, penalty or interest shown in a
filed | 3 | | return, or to pay any final assessment of tax, penalty or | 4 | | interest, as
required by any tax Act administered by the | 5 | | Illinois Department of Revenue,
until such time as the | 6 | | requirements of any such tax Act are satisfied as
determined by | 7 | | the Illinois Department of Revenue.
| 8 | | The Department, upon the recommendation of the | 9 | | Disciplinary Board, shall
adopt rules which set forth standards | 10 | | to be used in determining:
| 11 | | (a) when a person will be deemed sufficiently | 12 | | rehabilitated to warrant the
public trust;
| 13 | | (b) what constitutes dishonorable, unethical or | 14 | | unprofessional conduct of
a character likely to deceive, | 15 | | defraud, or harm the public;
| 16 | | (c) what constitutes immoral conduct in the commission | 17 | | of any act,
including, but not limited to, commission of an | 18 | | act of sexual misconduct
related
to the licensee's | 19 | | practice; and
| 20 | | (d) what constitutes gross negligence in the practice | 21 | | of medicine.
| 22 | | However, no such rule shall be admissible into evidence in | 23 | | any civil action
except for review of a licensing or other | 24 | | disciplinary action under this Act.
| 25 | | In enforcing this Section, the Disciplinary Board or the | 26 | | Licensing Board,
upon a showing of a possible violation, may |
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| 1 | | compel, in the case of the Disciplinary Board, any individual | 2 | | who is licensed to
practice under this Act or holds a permit to | 3 | | practice under this Act, or, in the case of the Licensing | 4 | | Board, any individual who has applied for licensure or a permit
| 5 | | pursuant to this Act, to submit to a mental or physical | 6 | | examination and evaluation, or both,
which may include a | 7 | | substance abuse or sexual offender evaluation, as required by | 8 | | the Licensing Board or Disciplinary Board and at the expense of | 9 | | the Department. The Disciplinary Board or Licensing Board shall | 10 | | specifically designate the examining physician licensed to | 11 | | practice medicine in all of its branches or, if applicable, the | 12 | | multidisciplinary team involved in providing the mental or | 13 | | physical examination and evaluation, or both. The | 14 | | multidisciplinary team shall be led by a physician licensed to | 15 | | practice medicine in all of its branches and may consist of one | 16 | | or more or a combination of physicians licensed to practice | 17 | | medicine in all of its branches, licensed chiropractic | 18 | | physicians, licensed clinical psychologists, licensed clinical | 19 | | social workers, licensed clinical professional counselors, and | 20 | | other professional and administrative staff. Any examining | 21 | | physician or member of the multidisciplinary team may require | 22 | | any person ordered to submit to an examination and evaluation | 23 | | pursuant to this Section to submit to any additional | 24 | | supplemental testing deemed necessary to complete any | 25 | | examination or evaluation process, including, but not limited | 26 | | to, blood testing, urinalysis, psychological testing, or |
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| 1 | | neuropsychological testing.
The Disciplinary Board, the | 2 | | Licensing Board, or the Department may order the examining
| 3 | | physician or any member of the multidisciplinary team to | 4 | | provide to the Department, the Disciplinary Board, or the | 5 | | Licensing Board any and all records, including business | 6 | | records, that relate to the examination and evaluation, | 7 | | including any supplemental testing performed. The Disciplinary | 8 | | Board, the Licensing Board, or the Department may order the | 9 | | examining physician or any member of the multidisciplinary team | 10 | | to present testimony concerning this examination
and | 11 | | evaluation of the licensee, permit holder, or applicant, | 12 | | including testimony concerning any supplemental testing or | 13 | | documents relating to the examination and evaluation. No | 14 | | information, report, record, or other documents in any way | 15 | | related to the examination and evaluation shall be excluded by | 16 | | reason of
any common
law or statutory privilege relating to | 17 | | communication between the licensee, permit holder, or
| 18 | | applicant and
the examining physician or any member of the | 19 | | multidisciplinary team.
No authorization is necessary from the | 20 | | licensee, permit holder, or applicant ordered to undergo an | 21 | | evaluation and examination for the examining physician or any | 22 | | member of the multidisciplinary team to provide information, | 23 | | reports, records, or other documents or to provide any | 24 | | testimony regarding the examination and evaluation. The | 25 | | individual to be examined may have, at his or her own expense, | 26 | | another
physician of his or her choice present during all |
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| 1 | | aspects of the examination.
Failure of any individual to submit | 2 | | to mental or physical examination and evaluation, or both, when
| 3 | | directed, shall result in an automatic suspension, without | 4 | | hearing, until such time
as the individual submits to the | 5 | | examination. If the Disciplinary Board or Licensing Board finds | 6 | | a physician unable
to practice following an examination and | 7 | | evaluation because of the reasons set forth in this Section, | 8 | | the Disciplinary
Board or Licensing Board shall require such | 9 | | physician to submit to care, counseling, or treatment
by | 10 | | physicians, or other health care professionals, approved or | 11 | | designated by the Disciplinary Board, as a condition
for | 12 | | issued, continued, reinstated, or renewed licensure to | 13 | | practice. Any physician,
whose license was granted pursuant to | 14 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | 15 | | renewed, disciplined or supervised, subject to such
terms, | 16 | | conditions or restrictions who shall fail to comply with such | 17 | | terms,
conditions or restrictions, or to complete a required | 18 | | program of care,
counseling, or treatment, as determined by the | 19 | | Chief Medical Coordinator or
Deputy Medical Coordinators, | 20 | | shall be referred to the Secretary for a
determination as to | 21 | | whether the licensee shall have their license suspended
| 22 | | immediately, pending a hearing by the Disciplinary Board. In | 23 | | instances in
which the Secretary immediately suspends a license | 24 | | under this Section, a hearing
upon such person's license must | 25 | | be convened by the Disciplinary Board within 15
days after such | 26 | | suspension and completed without appreciable delay. The
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| 1 | | Disciplinary Board shall have the authority to review the | 2 | | subject physician's
record of treatment and counseling | 3 | | regarding the impairment, to the extent
permitted by applicable | 4 | | federal statutes and regulations safeguarding the
| 5 | | confidentiality of medical records.
| 6 | | An individual licensed under this Act, affected under this | 7 | | Section, shall be
afforded an opportunity to demonstrate to the | 8 | | Disciplinary Board that they can
resume practice in compliance | 9 | | with acceptable and prevailing standards under
the provisions | 10 | | of their license.
| 11 | | The Department may promulgate rules for the imposition of | 12 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 13 | | violation of this Act. Fines
may be imposed in conjunction with | 14 | | other forms of disciplinary action, but
shall not be the | 15 | | exclusive disposition of any disciplinary action arising out
of | 16 | | conduct resulting in death or injury to a patient. Any funds | 17 | | collected from
such fines shall be deposited in the Medical | 18 | | Disciplinary Fund.
| 19 | | All fines imposed under this Section shall be paid within | 20 | | 60 days after the effective date of the order imposing the fine | 21 | | or in accordance with the terms set forth in the order imposing | 22 | | the fine. | 23 | | (B) The Department shall revoke the license or
permit | 24 | | issued under this Act to practice medicine or a chiropractic | 25 | | physician who
has been convicted a second time of committing | 26 | | any felony under the
Illinois Controlled Substances Act or the |
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| 1 | | Methamphetamine Control and Community Protection Act, or who | 2 | | has been convicted a second time of
committing a Class 1 felony | 3 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 4 | | person whose license or permit is revoked
under
this subsection | 5 | | B shall be prohibited from practicing
medicine or treating | 6 | | human ailments without the use of drugs and without
operative | 7 | | surgery.
| 8 | | (C) The Department shall not revoke, suspend, place on | 9 | | probation, reprimand, refuse to issue or renew, or take any | 10 | | other disciplinary or non-disciplinary action against the | 11 | | license or permit issued under this Act to practice medicine to | 12 | | a physician based solely upon the recommendation of the | 13 | | physician to an eligible patient, as defined under Section 10 | 14 | | of the Right to Try Act, regarding, or prescription for, or | 15 | | treatment with, an investigational drug, biological product, | 16 | | or device. | 17 | | (D) (C) The Disciplinary Board shall recommend to the
| 18 | | Department civil
penalties and any other appropriate | 19 | | discipline in disciplinary cases when the
Board finds that a | 20 | | physician willfully performed an abortion with actual
| 21 | | knowledge that the person upon whom the abortion has been | 22 | | performed is a minor
or an incompetent person without notice as | 23 | | required under the Parental Notice
of Abortion Act of 1995. | 24 | | Upon the Board's recommendation, the Department shall
impose, | 25 | | for the first violation, a civil penalty of $1,000 and for a | 26 | | second or
subsequent violation, a civil penalty of $5,000.
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| 1 | | (Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13; | 2 | | 98-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)
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