Full Text of SB1348 100th General Assembly
SB1348enr 100TH GENERAL ASSEMBLY |
| | SB1348 Enrolled | | LRB100 09271 SMS 19429 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.29 as follows: | 6 | | (5 ILCS 80/4.29) | 7 | | Sec. 4.29. Acts repealed on January 1, 2019 and December | 8 | | 31, 2019. | 9 | | (a) The following Act is repealed on January 1, 2019: | 10 | | The Environmental Health Practitioner Licensing Act. | 11 | | (b) The following Acts are Act is repealed on December 31, | 12 | | 2019: | 13 | | The Medical Practice Act of 1987. | 14 | | The Structural Pest Control Act.
| 15 | | (Source: P.A. 95-1020, eff. 12-29-08; 96-473, eff. 8-14-09.) | 16 | | (5 ILCS 80/4.27a rep.) | 17 | | Section 10. The Regulatory Sunset Act is amended by | 18 | | repealing Section 4.27a. | 19 | | Section 15. The Medical Practice Act of 1987 is amended by | 20 | | changing Sections 2, 22, 35, and 39 and by adding Section 2.5 | 21 | | as follows:
|
| | | SB1348 Enrolled | - 2 - | LRB100 09271 SMS 19429 b |
|
| 1 | | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
| 2 | | (Section scheduled to be repealed on December 31, 2017)
| 3 | | Sec. 2. Definitions. For purposes of this Act, the
| 4 | | following definitions shall have the following meanings,
| 5 | | except where the context requires otherwise:
| 6 | | "Act" means the Medical Practice Act of 1987.
| 7 | | "Address of record" means the designated address recorded | 8 | | by the Department in the applicant's or licensee's application | 9 | | file or license file as maintained by the Department's | 10 | | licensure maintenance unit. It is the duty of the applicant or | 11 | | licensee to inform the Department of any change of address and | 12 | | those changes must be made either through the Department's | 13 | | website or by contacting the Department. | 14 | | "Chiropractic physician" means a person licensed to treat | 15 | | human ailments without the use of drugs and without operative | 16 | | surgery. Nothing in this Act shall be construed to prohibit a | 17 | | chiropractic physician from providing advice regarding the use | 18 | | of non-prescription products or from administering atmospheric | 19 | | oxygen. Nothing in this Act shall be construed to authorize a | 20 | | chiropractic physician to prescribe drugs. | 21 | | "Department" means the Department of Financial and | 22 | | Professional Regulation.
| 23 | | "Disciplinary action Action " means revocation,
suspension, | 24 | | probation, supervision, practice modification,
reprimand, | 25 | | required education, fines or any other action
taken by the |
| | | SB1348 Enrolled | - 3 - | LRB100 09271 SMS 19429 b |
|
| 1 | | Department against a person holding a license.
| 2 | | "Disciplinary Board" means the Medical Disciplinary
Board.
| 3 | | "Email address of record" means the designated email | 4 | | address recorded by the Department in the applicant's | 5 | | application file or the licensee's license file, as maintained | 6 | | by the Department's licensure maintenance unit. | 7 | | "Final determination Determination " means the governing | 8 | | body's
final action taken under the procedure followed by a | 9 | | health
care institution, or professional association or | 10 | | society,
against any person licensed under the Act in | 11 | | accordance with
the bylaws or rules and regulations of such | 12 | | health care
institution, or professional association or | 13 | | society.
| 14 | | "Fund" means the Illinois State Medical Disciplinary Fund.
| 15 | | "Impaired" means the inability to practice
medicine with | 16 | | reasonable skill and safety due to physical or
mental | 17 | | disabilities as evidenced by a written determination
or written | 18 | | consent based on clinical evidence including
deterioration | 19 | | through the aging process or loss of motor
skill, or abuse of | 20 | | drugs or alcohol, of sufficient degree to
diminish a person's | 21 | | ability to deliver competent patient
care.
| 22 | | "Licensing Board" means the Medical Licensing Board.
| 23 | | "Physician" means a person licensed under the
Medical | 24 | | Practice Act to practice medicine in all of its
branches or a | 25 | | chiropractic physician.
| 26 | | "Professional association Association " means an |
| | | SB1348 Enrolled | - 4 - | LRB100 09271 SMS 19429 b |
|
| 1 | | association or
society of persons licensed under this Act, and | 2 | | operating
within the State of Illinois, including but not | 3 | | limited to,
medical societies, osteopathic organizations, and
| 4 | | chiropractic organizations, but this term shall not be
deemed | 5 | | to include hospital medical staffs.
| 6 | | "Program of care Care , counseling Counseling , or treatment | 7 | | Treatment " means
a written schedule of organized treatment, | 8 | | care, counseling,
activities, or education, satisfactory to | 9 | | the Disciplinary
Board, designed for the purpose of restoring | 10 | | an impaired
person to a condition whereby the impaired person | 11 | | can
practice medicine with reasonable skill and safety of a
| 12 | | sufficient degree to deliver competent patient care.
| 13 | | "Reinstate" means to change the status of a license from | 14 | | inactive or nonrenewed status to active status. | 15 | | "Restore" means to remove an encumbrance from a license due | 16 | | to probation, suspension, or revocation. | 17 | | "Secretary" means the Secretary of the Department of | 18 | | Financial and Professional Regulation. | 19 | | (Source: P.A. 98-1140, eff. 12-30-14; 99-933, eff. 1-27-17.)
| 20 | | (225 ILCS 60/2.5 new) | 21 | | Sec. 2.5. Address of record; email address of record. All | 22 | | applicants and licensees shall: | 23 | | (1) provide a valid address and email address to the | 24 | | Department, which shall serve as the address of record and | 25 | | email address of record, respectively, at the time of |
| | | SB1348 Enrolled | - 5 - | LRB100 09271 SMS 19429 b |
|
| 1 | | application for licensure or renewal of a license; and | 2 | | (2) inform the Department of any change of address of | 3 | | record or email address of record within 14 days after such | 4 | | change either through the Department's website or by | 5 | | contacting the Department's licensure maintenance unit.
| 6 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 7 | | (Section scheduled to be repealed on December 31, 2017)
| 8 | | Sec. 22. Disciplinary action.
| 9 | | (A) The Department may revoke, suspend, place on probation, | 10 | | reprimand, refuse to issue or renew, or take any other | 11 | | disciplinary or non-disciplinary action as the Department may | 12 | | deem proper
with regard to the license or permit of any person | 13 | | issued
under this Act, including imposing fines not to exceed | 14 | | $10,000 for each violation, upon any of the following grounds:
| 15 | | (1) Performance of an elective abortion in any place, | 16 | | locale,
facility, or
institution other than:
| 17 | | (a) a facility licensed pursuant to the Ambulatory | 18 | | Surgical Treatment
Center Act;
| 19 | | (b) an institution licensed under the Hospital | 20 | | Licensing Act;
| 21 | | (c) an ambulatory surgical treatment center or | 22 | | hospitalization or care
facility maintained by the | 23 | | State or any agency thereof, where such department
or | 24 | | agency has authority under law to establish and enforce | 25 | | standards for the
ambulatory surgical treatment |
| | | SB1348 Enrolled | - 6 - | LRB100 09271 SMS 19429 b |
|
| 1 | | centers, hospitalization, or care facilities
under its | 2 | | management and control;
| 3 | | (d) ambulatory surgical treatment centers, | 4 | | hospitalization or care
facilities maintained by the | 5 | | Federal Government; or
| 6 | | (e) ambulatory surgical treatment centers, | 7 | | hospitalization or care
facilities maintained by any | 8 | | university or college established under the laws
of | 9 | | this State and supported principally by public funds | 10 | | raised by
taxation.
| 11 | | (2) Performance of an abortion procedure in a willful | 12 | | wilful and wanton
manner on a
woman who was not pregnant at | 13 | | the time the abortion procedure was
performed.
| 14 | | (3) A plea of guilty or nolo contendere, finding of | 15 | | guilt, jury verdict, or entry of judgment or sentencing, | 16 | | including, but not limited to, convictions, preceding | 17 | | sentences of supervision, conditional discharge, or first | 18 | | offender probation, under the laws of any jurisdiction of | 19 | | the United States of any crime that is a felony.
| 20 | | (4) Gross negligence in practice under this Act.
| 21 | | (5) Engaging in dishonorable, unethical or | 22 | | unprofessional
conduct of a
character likely to deceive, | 23 | | defraud or harm the public.
| 24 | | (6) Obtaining any fee by fraud, deceit, or
| 25 | | misrepresentation.
| 26 | | (7) Habitual or excessive use or abuse of drugs defined |
| | | SB1348 Enrolled | - 7 - | LRB100 09271 SMS 19429 b |
|
| 1 | | in law
as
controlled substances, of alcohol, or of any | 2 | | other substances which results in
the inability to practice | 3 | | with reasonable judgment, skill or safety.
| 4 | | (8) Practicing under a false or, except as provided by | 5 | | law, an
assumed
name.
| 6 | | (9) Fraud or misrepresentation in applying for, or | 7 | | procuring, a
license
under this Act or in connection with | 8 | | applying for renewal of a license under
this Act.
| 9 | | (10) Making a false or misleading statement regarding | 10 | | their
skill or the
efficacy or value of the medicine, | 11 | | treatment, or remedy prescribed by them at
their direction | 12 | | in the treatment of any disease or other condition of the | 13 | | body
or mind.
| 14 | | (11) Allowing another person or organization to use | 15 | | their
license, procured
under this Act, to practice.
| 16 | | (12) Adverse action taken by another state or | 17 | | jurisdiction
against a license
or other authorization to | 18 | | practice as a medical doctor, doctor of osteopathy,
doctor | 19 | | of osteopathic medicine or
doctor of chiropractic, a | 20 | | certified copy of the record of the action taken by
the | 21 | | other state or jurisdiction being prima facie evidence | 22 | | thereof. This includes any adverse action taken by a State | 23 | | or federal agency that prohibits a medical doctor, doctor | 24 | | of osteopathy, doctor of osteopathic medicine, or doctor of | 25 | | chiropractic from providing services to the agency's | 26 | | participants.
|
| | | SB1348 Enrolled | - 8 - | LRB100 09271 SMS 19429 b |
|
| 1 | | (13) Violation of any provision of this Act or of the | 2 | | Medical
Practice Act
prior to the repeal of that Act, or | 3 | | violation of the rules, or a final
administrative action of | 4 | | the Secretary, after consideration of the
recommendation | 5 | | of the Disciplinary Board.
| 6 | | (14) Violation of the prohibition against fee | 7 | | splitting in Section 22.2 of this Act.
| 8 | | (15) A finding by the Disciplinary Board that the
| 9 | | registrant after
having his or her license placed on | 10 | | probationary status or subjected to
conditions or | 11 | | restrictions violated the terms of the probation or failed | 12 | | to
comply with such terms or conditions.
| 13 | | (16) Abandonment of a patient.
| 14 | | (17) Prescribing, selling, administering, | 15 | | distributing, giving
or
self-administering any drug | 16 | | classified as a controlled substance (designated
product) | 17 | | or narcotic for other than medically accepted therapeutic
| 18 | | purposes.
| 19 | | (18) Promotion of the sale of drugs, devices, | 20 | | appliances or
goods provided
for a patient in such manner | 21 | | as to exploit the patient for financial gain of
the | 22 | | physician.
| 23 | | (19) Offering, undertaking or agreeing to cure or treat
| 24 | | disease by a secret
method, procedure, treatment or | 25 | | medicine, or the treating, operating or
prescribing for any | 26 | | human condition by a method, means or procedure which the
|
| | | SB1348 Enrolled | - 9 - | LRB100 09271 SMS 19429 b |
|
| 1 | | licensee refuses to divulge upon demand of the Department.
| 2 | | (20) Immoral conduct in the commission of any act | 3 | | including,
but not limited to, commission of an act of | 4 | | sexual misconduct related to the
licensee's
practice.
| 5 | | (21) Willfully Wilfully making or filing false records | 6 | | or reports in his
or her
practice as a physician, | 7 | | including, but not limited to, false records to
support | 8 | | claims against the medical assistance program of the | 9 | | Department of Healthcare and Family Services (formerly | 10 | | Department of
Public Aid)
under the Illinois Public Aid | 11 | | Code.
| 12 | | (22) Willful Wilful omission to file or record, or | 13 | | willfully wilfully impeding
the filing or
recording, or | 14 | | inducing another person to omit to file or record, medical
| 15 | | reports as required by law, or willfully wilfully failing | 16 | | to report an instance of
suspected abuse or neglect as | 17 | | required by law.
| 18 | | (23) Being named as a perpetrator in an indicated | 19 | | report by
the Department
of Children and Family Services | 20 | | under the Abused and Neglected Child Reporting
Act, and | 21 | | upon proof by clear and convincing evidence that the | 22 | | licensee has
caused a child to be an abused child or | 23 | | neglected child as defined in the
Abused and Neglected | 24 | | Child Reporting Act.
| 25 | | (24) Solicitation of professional patronage by any
| 26 | | corporation, agents or
persons, or profiting from those |
| | | SB1348 Enrolled | - 10 - | LRB100 09271 SMS 19429 b |
|
| 1 | | representing themselves to be agents of the
licensee.
| 2 | | (25) Gross and willful wilful and continued | 3 | | overcharging for
professional services,
including filing | 4 | | false statements for collection of fees for which services | 5 | | are
not rendered, including, but not limited to, filing | 6 | | such false statements for
collection of monies for services | 7 | | not rendered from the medical assistance
program of the | 8 | | Department of Healthcare and Family Services (formerly | 9 | | Department of Public Aid)
under the Illinois Public Aid
| 10 | | Code.
| 11 | | (26) A pattern of practice or other behavior which
| 12 | | demonstrates
incapacity
or incompetence to practice under | 13 | | this Act.
| 14 | | (27) Mental illness or disability which results in the
| 15 | | inability to
practice under this Act with reasonable | 16 | | judgment, skill or safety.
| 17 | | (28) Physical illness, including, but not limited to,
| 18 | | deterioration through
the aging process, or loss of motor | 19 | | skill which results in a physician's
inability to practice | 20 | | under this Act with reasonable judgment, skill or
safety.
| 21 | | (29) Cheating on or attempt to subvert the licensing
| 22 | | examinations
administered under this Act.
| 23 | | (30) Willfully Wilfully or negligently violating the | 24 | | confidentiality
between
physician and patient except as | 25 | | required by law.
| 26 | | (31) The use of any false, fraudulent, or deceptive |
| | | SB1348 Enrolled | - 11 - | LRB100 09271 SMS 19429 b |
|
| 1 | | statement
in any
document connected with practice under | 2 | | this Act.
| 3 | | (32) Aiding and abetting an individual not licensed | 4 | | under this
Act in the
practice of a profession licensed | 5 | | under this Act.
| 6 | | (33) Violating state or federal laws or regulations | 7 | | relating
to controlled
substances, legend
drugs, or | 8 | | ephedra as defined in the Ephedra Prohibition Act.
| 9 | | (34) Failure to report to the Department any adverse | 10 | | final
action taken
against them by another licensing | 11 | | jurisdiction (any other state or any
territory of the | 12 | | United States or any foreign state or country), by any peer
| 13 | | review body, by any health care institution, by any | 14 | | professional society or
association related to practice | 15 | | under this Act, by any governmental agency, by
any law | 16 | | enforcement agency, or by any court for acts or conduct | 17 | | similar to acts
or conduct which would constitute grounds | 18 | | for action as defined in this
Section.
| 19 | | (35) Failure to report to the Department surrender of a
| 20 | | license or
authorization to practice as a medical doctor, a | 21 | | doctor of osteopathy, a
doctor of osteopathic medicine, or | 22 | | doctor
of chiropractic in another state or jurisdiction, or | 23 | | surrender of membership on
any medical staff or in any | 24 | | medical or professional association or society,
while | 25 | | under disciplinary investigation by any of those | 26 | | authorities or bodies,
for acts or conduct similar to acts |
| | | SB1348 Enrolled | - 12 - | LRB100 09271 SMS 19429 b |
|
| 1 | | or conduct which would constitute grounds
for action as | 2 | | defined in this Section.
| 3 | | (36) Failure to report to the Department any adverse | 4 | | judgment,
settlement,
or award arising from a liability | 5 | | claim related to acts or conduct similar to
acts or conduct | 6 | | which would constitute grounds for action as defined in | 7 | | this
Section.
| 8 | | (37) Failure to provide copies of medical records as | 9 | | required
by law.
| 10 | | (38) Failure to furnish the Department, its | 11 | | investigators or
representatives, relevant information, | 12 | | legally requested by the Department
after consultation | 13 | | with the Chief Medical Coordinator or the Deputy Medical
| 14 | | Coordinator.
| 15 | | (39) Violating the Health Care Worker Self-Referral
| 16 | | Act.
| 17 | | (40) Willful failure to provide notice when notice is | 18 | | required
under the
Parental Notice of Abortion Act of 1995.
| 19 | | (41) Failure to establish and maintain records of | 20 | | patient care and
treatment as required by this law.
| 21 | | (42) Entering into an excessive number of written | 22 | | collaborative
agreements with licensed advanced practice | 23 | | nurses resulting in an inability to
adequately | 24 | | collaborate.
| 25 | | (43) Repeated failure to adequately collaborate with a | 26 | | licensed advanced practice nurse. |
| | | SB1348 Enrolled | - 13 - | LRB100 09271 SMS 19429 b |
|
| 1 | | (44) Violating the Compassionate Use of Medical | 2 | | Cannabis Pilot Program Act.
| 3 | | (45) Entering into an excessive number of written | 4 | | collaborative agreements with licensed prescribing | 5 | | psychologists resulting in an inability to adequately | 6 | | collaborate. | 7 | | (46) Repeated failure to adequately collaborate with a | 8 | | licensed prescribing psychologist. | 9 | | (47) Willfully failing to report an instance of | 10 | | suspected abuse, neglect, financial exploitation, or | 11 | | self-neglect of an eligible adult as defined in and | 12 | | required by the Adult Protective Services Act. | 13 | | (48) Being named as an abuser in a verified report by | 14 | | the Department on Aging under the Adult Protective Services | 15 | | Act, and upon proof by clear and convincing evidence that | 16 | | the licensee abused, neglected, or financially exploited | 17 | | an eligible adult as defined in the Adult Protective | 18 | | Services Act. | 19 | | Except
for actions involving the ground numbered (26), all | 20 | | proceedings to suspend,
revoke, place on probationary status, | 21 | | or take any
other disciplinary action as the Department may | 22 | | deem proper, with regard to a
license on any of the foregoing | 23 | | grounds, must be commenced within 5 years next
after receipt by | 24 | | the Department of a complaint alleging the commission of or
| 25 | | notice of the conviction order for any of the acts described | 26 | | herein. Except
for the grounds numbered (8), (9), (26), and |
| | | SB1348 Enrolled | - 14 - | LRB100 09271 SMS 19429 b |
|
| 1 | | (29), no action shall be commenced more
than 10 years after the | 2 | | date of the incident or act alleged to have violated
this | 3 | | Section. For actions involving the ground numbered (26), a | 4 | | pattern of practice or other behavior includes all incidents | 5 | | alleged to be part of the pattern of practice or other behavior | 6 | | that occurred, or a report pursuant to Section 23 of this Act | 7 | | received, within the 10-year period preceding the filing of the | 8 | | complaint. In the event of the settlement of any claim or cause | 9 | | of action
in favor of the claimant or the reduction to final | 10 | | judgment of any civil action
in favor of the plaintiff, such | 11 | | claim, cause of action or civil action being
grounded on the | 12 | | allegation that a person licensed under this Act was negligent
| 13 | | in providing care, the Department shall have an additional | 14 | | period of 2 years
from the date of notification to the | 15 | | Department under Section 23 of this Act
of such settlement or | 16 | | final judgment in which to investigate and
commence formal | 17 | | disciplinary proceedings under Section 36 of this Act, except
| 18 | | as otherwise provided by law. The time during which the holder | 19 | | of the license
was outside the State of Illinois shall not be | 20 | | included within any period of
time limiting the commencement of | 21 | | disciplinary action by the Department.
| 22 | | The entry of an order or judgment by any circuit court | 23 | | establishing that any
person holding a license under this Act | 24 | | is a person in need of mental treatment
operates as a | 25 | | suspension of that license. That person may resume their
| 26 | | practice only upon the entry of a Departmental order based upon |
| | | SB1348 Enrolled | - 15 - | LRB100 09271 SMS 19429 b |
|
| 1 | | a finding by
the Disciplinary Board that they have been | 2 | | determined to be recovered
from mental illness by the court and | 3 | | upon the Disciplinary Board's
recommendation that they be | 4 | | permitted to resume 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
filed | 8 | | return, or to pay any final assessment of tax, penalty or | 9 | | 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 by | 12 | | the Illinois Department of Revenue.
| 13 | | The Department, upon the recommendation of the | 14 | | Disciplinary Board, shall
adopt rules which set forth standards | 15 | | 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 an | 23 | | act of sexual misconduct
related
to the licensee's | 24 | | practice; and
| 25 | | (d) what constitutes gross negligence in the practice | 26 | | of medicine.
|
| | | SB1348 Enrolled | - 16 - | LRB100 09271 SMS 19429 b |
|
| 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 permit
| 10 | | 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 of | 14 | | the Department. The Disciplinary Board or Licensing Board shall | 15 | | specifically designate the examining physician licensed to | 16 | | practice medicine in all of its branches or, if applicable, the | 17 | | 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 |
| | | SB1348 Enrolled | - 17 - | LRB100 09271 SMS 19429 b |
|
| 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 team | 15 | | 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 |
| | | SB1348 Enrolled | - 18 - | LRB100 09271 SMS 19429 b |
|
| 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 submit | 7 | | to mental or physical examination and evaluation, or both, when
| 8 | | directed, shall result in an automatic suspension, without | 9 | | hearing, until such time
as the individual submits to the | 10 | | examination. If the Disciplinary Board or Licensing Board finds | 11 | | a physician unable
to practice following an examination and | 12 | | evaluation because of the reasons set forth in this Section, | 13 | | the Disciplinary
Board or Licensing Board shall require such | 14 | | physician to submit to care, counseling, or treatment
by | 15 | | physicians, or other health care professionals, approved or | 16 | | designated by the Disciplinary Board, as a condition
for | 17 | | issued, continued, reinstated, or renewed licensure to | 18 | | practice. Any physician,
whose license was granted pursuant to | 19 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | 20 | | renewed, disciplined or supervised, subject to such
terms, | 21 | | conditions or restrictions who shall fail to comply with such | 22 | | terms,
conditions or restrictions, or to complete a required | 23 | | program of care,
counseling, or treatment, as determined by the | 24 | | Chief Medical Coordinator or
Deputy Medical Coordinators, | 25 | | shall be referred to the Secretary for a
determination as to | 26 | | whether the licensee shall have their license suspended
|
| | | SB1348 Enrolled | - 19 - | LRB100 09271 SMS 19429 b |
|
| 1 | | immediately, pending a hearing by the Disciplinary Board. In | 2 | | instances in
which the Secretary immediately suspends a license | 3 | | under this Section, a hearing
upon such person's license must | 4 | | be convened by the Disciplinary Board within 15
days after such | 5 | | suspension and completed without appreciable delay. The
| 6 | | Disciplinary Board shall have the authority to review the | 7 | | subject physician's
record of treatment and counseling | 8 | | regarding the impairment, to the extent
permitted by applicable | 9 | | federal statutes and regulations safeguarding the
| 10 | | confidentiality of medical records.
| 11 | | An individual licensed under this Act, affected under this | 12 | | Section, shall be
afforded an opportunity to demonstrate to the | 13 | | Disciplinary Board that they can
resume practice in compliance | 14 | | with acceptable and prevailing standards under
the provisions | 15 | | of their license.
| 16 | | The Department may promulgate rules for the imposition of | 17 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 18 | | violation of this Act. Fines
may be imposed in conjunction with | 19 | | other forms of disciplinary action, but
shall not be the | 20 | | exclusive disposition of any disciplinary action arising out
of | 21 | | conduct resulting in death or injury to a patient. Any funds | 22 | | collected from
such fines shall be deposited in the Illinois | 23 | | State Medical Disciplinary Fund.
| 24 | | All fines imposed under this Section shall be paid within | 25 | | 60 days after the effective date of the order imposing the fine | 26 | | or in accordance with the terms set forth in the order imposing |
| | | SB1348 Enrolled | - 20 - | LRB100 09271 SMS 19429 b |
|
| 1 | | the fine. | 2 | | (B) The Department shall revoke the license or
permit | 3 | | issued under this Act to practice medicine or a chiropractic | 4 | | physician who
has been convicted a second time of committing | 5 | | any felony under the
Illinois Controlled Substances Act or the | 6 | | Methamphetamine Control and Community Protection Act, or who | 7 | | has been convicted a second time of
committing a Class 1 felony | 8 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 9 | | person whose license or permit is revoked
under
this subsection | 10 | | B shall be prohibited from practicing
medicine or treating | 11 | | human ailments without the use of drugs and without
operative | 12 | | surgery.
| 13 | | (C) The Department shall not revoke, suspend, place on | 14 | | probation, reprimand, refuse to issue or renew, or take any | 15 | | other disciplinary or non-disciplinary action against the | 16 | | license or permit issued under this Act to practice medicine to | 17 | | a physician based solely upon the recommendation of the | 18 | | physician to an eligible patient regarding, or prescription | 19 | | for, or treatment with, an investigational drug, biological | 20 | | product, or device. | 21 | | (D) The Disciplinary Board shall recommend to the
| 22 | | Department civil
penalties and any other appropriate | 23 | | discipline in disciplinary cases when the
Board finds that a | 24 | | physician willfully performed an abortion with actual
| 25 | | knowledge that the person upon whom the abortion has been | 26 | | performed is a minor
or an incompetent person without notice as |
| | | SB1348 Enrolled | - 21 - | LRB100 09271 SMS 19429 b |
|
| 1 | | required under the Parental Notice
of Abortion Act of 1995. | 2 | | Upon the Board's recommendation, the Department shall
impose, | 3 | | for the first violation, a civil penalty of $1,000 and for a | 4 | | second or
subsequent violation, a civil penalty of $5,000.
| 5 | | (Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14; | 6 | | 98-1140, eff. 12-30-14; 99-270, eff. 1-1-16; 99-933, eff. | 7 | | 1-27-17.)
| 8 | | (225 ILCS 60/35) (from Ch. 111, par. 4400-35)
| 9 | | (Section scheduled to be repealed on December 31, 2017)
| 10 | | Sec. 35.
The Secretary shall have the authority to
appoint | 11 | | an attorney duly licensed to practice law in the
State of | 12 | | Illinois to serve as the hearing officer in any
action to | 13 | | suspend, revoke, place on probationary status, or
take any | 14 | | other disciplinary action with regard to a license.
The hearing | 15 | | officer shall have full authority to conduct the
hearing. The | 16 | | hearing officer shall report his findings and
recommendations | 17 | | to the Disciplinary Board or Licensing Board within 30 days of
| 18 | | the receipt of the record. The Disciplinary Board or Licensing | 19 | | Board shall
have 60 days from receipt of the report to review | 20 | | the report
of the hearing officer and present their findings of | 21 | | fact,
conclusions of law and recommendations to the Secretary.
| 22 | | (Source: P.A. 97-622, eff. 11-23-11 .)
| 23 | | (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
| 24 | | (Section scheduled to be repealed on December 31, 2017)
|
| | | SB1348 Enrolled | - 22 - | LRB100 09271 SMS 19429 b |
|
| 1 | | Sec. 39. Certified shorthand reporter; record | 2 | | Stenographer; transcript . The Department, at its expense, | 3 | | shall
provide a certified shorthand reporter stenographer to | 4 | | take down the testimony and
preserve a record of all | 5 | | proceedings at the hearing of any
case wherein a license may be | 6 | | revoked, suspended, placed on
probationary status, or other | 7 | | disciplinary action taken with
regard thereto. The notice of | 8 | | hearing, complaint and all
other documents in the nature of | 9 | | pleadings and written
motions filed in the proceedings, the | 10 | | transcript of
testimony, the report of the Licensing Board and | 11 | | the orders
of the Department constitute the record of the | 12 | | proceedings.
The Department shall furnish a copy transcript of | 13 | | the record to
any person interested in such hearing upon | 14 | | payment of the fee required
under Section 2105-115 of the | 15 | | Department of Professional Regulation
Law (20 ILCS | 16 | | 2105/2105-115). The Department may contract for court | 17 | | reporting services, and, in the event it does so, the | 18 | | Department shall provide the name and contact information for | 19 | | the certified shorthand reporter who transcribed the testimony | 20 | | at a hearing to any person interested, who may obtain a copy of | 21 | | the record of any proceedings at a hearing upon payment of the | 22 | | fee specified by the certified shorthand reporter. This charge | 23 | | is in addition to any fee charged by the Department for | 24 | | certifying the record.
| 25 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 26 | | Section 99. Effective date. This Act takes effect upon |
| | | SB1348 Enrolled | - 23 - | LRB100 09271 SMS 19429 b |
|
| 1 | | becoming law.
| | | | SB1348 Enrolled | - 24 - | LRB100 09271 SMS 19429 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.37a new | | | 4 | | 5 ILCS 80/4.27a rep. | | | 5 | | 225 ILCS 60/2 | from Ch. 111, par. 4400-2 | | 6 | | 225 ILCS 60/2.5 new | | | 7 | | 225 ILCS 60/22 | from Ch. 111, par. 4400-22 | | 8 | | 225 ILCS 60/35 | from Ch. 111, par. 4400-35 | | 9 | | 225 ILCS 60/39 | from Ch. 111, par. 4400-39 |
| |
|