Full Text of HB4391 95th General Assembly
HB4391eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Internet Prescribing Prohibition Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Division" means the Division of Professional Regulation | 8 |
| of the Department of Financial and Professional Regulation. | 9 |
| "Licensed prescribers" means physicians licensed to | 10 |
| practice medicine in all its branches, licensed podiatrists, | 11 |
| therapeutically-certified optometrists, licensed dentists, | 12 |
| licensed veterinarians, licensed physician assistants who have | 13 |
| been delegated prescriptive authority by a supervising | 14 |
| physician, and licensed advanced practice registered nurses | 15 |
| who have a written collaborative agreement with a collaborating | 16 |
| physician that authorizes prescriptive authority. | 17 |
| Section 10. Prohibition on Internet prescribing. | 18 |
| (a) Illinois licensed prescribers may not knowingly | 19 |
| prescribe medications for a patient via the Internet, World | 20 |
| Wide Web, telephone, facsimile, or any other electronic means | 21 |
| unless the following elements have been met: | 22 |
| (1) the patient has been physically examined by the |
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| prescriber or has been given a documented patient | 2 |
| evaluation, including health history and a physical | 3 |
| examination, to establish the diagnosis for which any | 4 |
| legend drug is prescribed; | 5 |
| (2) the prescriber and the patient have discussed | 6 |
| treatment options and the risks and benefits of treatment; | 7 |
| and | 8 |
| (3) the prescriber has maintained the patient's | 9 |
| medical records. | 10 |
| (b) The provisions of subdivision (1) of subsection (a) of | 11 |
| this Section are not applicable in an emergency situation. For | 12 |
| purposes of this Section, an emergency situation means those | 13 |
| situations in which the prescriber determines that the | 14 |
| immediate administration of the medication is necessary for the | 15 |
| proper treatment of the patient and it is not reasonably | 16 |
| possible for the prescriber to comply with the provisions of | 17 |
| this Section prior to providing such prescription. | 18 |
| (c) The provisions of subdivision (1) of subsection (a) of | 19 |
| this Section shall not be construed to prohibit patient care in | 20 |
| the following circumstances: | 21 |
| (1) in consultation with another health care | 22 |
| professional who has an ongoing relationship with the | 23 |
| patient and who has agreed to supervise the patient's | 24 |
| treatment, including the use of any prescribed | 25 |
| medications; | 26 |
| (2) on-call or cross-coverage situations in which a |
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| prescriber provides care for another prescriber's | 2 |
| patients; | 3 |
| (3) admission orders for a newly hospitalized patient; | 4 |
| (4) orders for patients in long-term care facilities or | 5 |
| hospitals recommended by registered professional nurses; | 6 |
| (5) continuing medications on a short-term basis for a | 7 |
| new patient prior to the first appointment; and | 8 |
| (6) a prescriber or his or her designee from | 9 |
| electronically or telephonically prescribing medication | 10 |
| for a patient with an existing physician-patient | 11 |
| relationship with the prescriber. | 12 |
| (d) Nothing in this Section shall be construed to prevent | 13 |
| the electronic distribution of a prescription to a pharmacy. | 14 |
| Section 15. Penalties. A person convicted of violating this | 15 |
| Act is guilty of a business offense and shall be fined not less | 16 |
| than $1,000 for the first violation and not less than $2,000 | 17 |
| for a second or subsequent violation. A person convicted of | 18 |
| violating this Act must be reported to the Division for | 19 |
| appropriate licensing board review.
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| Section 90. The Illinois Dental Practice Act is amended by | 21 |
| changing Section 23 as follows:
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| (225 ILCS 25/23) (from Ch. 111, par. 2323)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 23. Refusal, revocation or suspension of dental | 2 |
| licenses. The
Department may refuse to issue or renew, or may | 3 |
| revoke, suspend, place on
probation, reprimand or take other | 4 |
| disciplinary action as the Department
may deem proper, | 5 |
| including fines not to exceed $10,000 per violation, with
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| regard to any license for any one or any combination of
the | 7 |
| following causes:
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| 1. Fraud in procuring the license.
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| 2. Habitual intoxication or addiction to the use of | 10 |
| drugs.
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| 3. Willful or repeated violations of the rules of the | 12 |
| Department of
Public Health or Department of Nuclear | 13 |
| Safety.
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| 4. Acceptance of a fee for service as a witness, | 15 |
| without the
knowledge of the court, in addition to the fee | 16 |
| allowed by the court.
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| 5. Division of fees or agreeing to split or divide the | 18 |
| fees received
for dental services with any person for | 19 |
| bringing or referring a patient,
except in regard to | 20 |
| referral services as provided for under Section 45,
or | 21 |
| assisting in the care or treatment of a patient,
without | 22 |
| the
knowledge of the patient or his legal representative.
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| 6. Employing, procuring, inducing, aiding or abetting | 24 |
| a person not
licensed or registered as a dentist to engage | 25 |
| in the practice of
dentistry. The person practiced upon is | 26 |
| not an accomplice, employer,
procurer, inducer, aider, or |
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| abetter within the meaning of this Act.
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| 7. Making any misrepresentations or false promises, | 3 |
| directly or
indirectly, to influence, persuade or induce | 4 |
| dental patronage.
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| 8. Professional connection or association with or | 6 |
| lending his name
to another for the illegal practice of | 7 |
| dentistry by another, or
professional connection or | 8 |
| association with any person, firm or
corporation holding | 9 |
| himself, herself, themselves, or itself out in any manner
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| contrary to this Act.
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| 9. Obtaining or seeking to obtain practice, money, or | 12 |
| any other
things of value by false or fraudulent | 13 |
| representations, but
not limited to, engaging in such | 14 |
| fraudulent practice to defraud the
medical assistance | 15 |
| program of the Department of Healthcare and Family Services | 16 |
| (formerly Department of Public Aid).
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| 10. Practicing under a name other than his or her own.
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| 11. Engaging in dishonorable,
unethical, or | 19 |
| unprofessional conduct of a character likely to deceive,
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| defraud, or harm the public.
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| 12. Conviction in this or another State of any crime | 22 |
| which is a
felony under the laws of this State or | 23 |
| conviction of a felony in a
federal court, conviction of a | 24 |
| misdemeanor, an essential element of which
is dishonesty, | 25 |
| or conviction of any crime which is directly related to the
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| practice of dentistry or dental hygiene.
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| 13. Permitting a dental hygienist, dental assistant or | 2 |
| other person
under his or her supervision to perform
any | 3 |
| operation not authorized by this Act.
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| 14. Permitting more than 4 dental hygienists to be | 5 |
| employed under
his supervision at any one time.
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| 15. A violation of any provision of this
Act or any | 7 |
| rules promulgated under this Act.
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| 16. Taking impressions for or using the services of any | 9 |
| person, firm
or corporation violating this Act.
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| 17. Violating any provision of Section 45 relating to | 11 |
| advertising.
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| 18. Discipline by another U.S. jurisdiction or foreign | 13 |
| nation,
if at least one of the grounds for the discipline | 14 |
| is the
same or substantially equivalent to those set forth | 15 |
| within this Act.
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| 19. Willfully failing to report an instance of | 17 |
| suspected child abuse or
neglect as required by the Abused | 18 |
| and Neglected Child Reporting
Act.
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| 20. Gross or repeated malpractice resulting in injury | 20 |
| or death of a patient.
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| 21. The use or prescription for use of narcotics or | 22 |
| controlled substances
or designated products as listed in | 23 |
| the Illinois Controlled Substances
Act, in any way other | 24 |
| than for therapeutic purposes.
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| 22. Willfully making or filing false records or reports | 26 |
| in his practice
as a dentist, including, but not limited |
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| to, false records to support claims
against the dental | 2 |
| assistance program of the Department of Healthcare and | 3 |
| Family Services (formerly
Illinois Department of Public
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| Aid).
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| 23. Professional incompetence as manifested by poor | 6 |
| standards of care.
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| 24. Physical or mental illness, including, but not | 8 |
| limited to,
deterioration
through
the aging process, or | 9 |
| loss of motor skills which results in a dentist's
inability | 10 |
| to practice dentistry with reasonable judgment, skill or | 11 |
| safety. In
enforcing this paragraph, the Department may | 12 |
| compel a person licensed to
practice under this Act to | 13 |
| submit to a mental or physical examination pursuant
to the | 14 |
| terms and conditions of Section 23b.
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| 25. Repeated irregularities in billing a third party | 16 |
| for services rendered
to a patient. For purposes of this | 17 |
| paragraph 25, "irregularities in billing"
shall include:
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| (a) Reporting excessive charges for the purpose of | 19 |
| obtaining a total
payment
in excess of that usually | 20 |
| received by the dentist for the services rendered.
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| (b) Reporting charges for services not rendered.
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| (c) Incorrectly reporting services rendered for | 23 |
| the purpose of obtaining
payment not earned.
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| 26. Continuing the active practice of dentistry while | 25 |
| knowingly having
any infectious, communicable, or | 26 |
| contagious disease proscribed by rule or
regulation of the |
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| Department.
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| 27. Being named as a perpetrator in an indicated report | 3 |
| by the
Department of Children and Family Services pursuant | 4 |
| to the Abused and
Neglected Child Reporting Act, and upon
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| proof by clear and convincing evidence that the licensee | 6 |
| has
caused a child to be an abused child or neglected child | 7 |
| as defined in the
Abused and Neglected Child Reporting Act.
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| 28. Violating the Health Care Worker Self-Referral | 9 |
| Act.
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| 29. Abandonment of a patient.
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| 30. Mental incompetency as declared by a court of | 12 |
| competent
jurisdiction.
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| 31. Violating any provision of the Internet | 14 |
| Prescribing Prohibition Act.
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| All proceedings to suspend, revoke, place on probationary | 16 |
| status, or
take any other disciplinary action as the Department | 17 |
| may deem proper, with
regard to a license on any of the | 18 |
| foregoing grounds, must be commenced
within 3 years after | 19 |
| receipt by the Department of a complaint alleging the
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| commission of or notice of the conviction order for any of the | 21 |
| acts
described herein. Except for fraud in procuring a license, | 22 |
| no
action shall be commenced more than 5 years after the date | 23 |
| of the incident
or act alleged to have violated this Section. | 24 |
| The time during which the
holder of the license was outside the | 25 |
| State of Illinois shall not be
included within any period of | 26 |
| time limiting the commencement of
disciplinary action by the |
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| Department.
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| The Department may refuse to issue or may suspend the | 3 |
| license of any
person who fails to file a return, or to pay the | 4 |
| tax, penalty or interest
shown in a filed return, or to pay any | 5 |
| final assessment of tax, penalty or
interest, as required by | 6 |
| any tax Act administered by the Illinois
Department of Revenue, | 7 |
| until such time as the requirements of
any such tax Act are | 8 |
| satisfied.
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| (Source: P.A. 94-1014, eff. 7-7-06.)
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| Section 95. The Medical Practice Act of 1987 is amended by | 11 |
| changing Section 22 as follows:
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| (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 22. Disciplinary action.
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| (A) The Department may revoke, suspend, place on | 16 |
| probationary
status, refuse to renew, or take any other | 17 |
| disciplinary action as the Department may deem proper
with | 18 |
| regard to the license or visiting professor permit of any | 19 |
| person issued
under this Act to practice medicine, or to treat | 20 |
| human ailments without the use
of drugs and without operative | 21 |
| surgery upon any of the following grounds:
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| (1) Performance of an elective abortion in any place, | 23 |
| locale,
facility, or
institution other than:
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| (a) a facility licensed pursuant to the Ambulatory |
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| Surgical Treatment
Center Act;
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| (b) an institution licensed under the Hospital | 3 |
| Licensing Act; or
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| (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; or
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| (d) ambulatory surgical treatment centers, | 12 |
| hospitalization or care
facilities maintained by the | 13 |
| Federal Government; or
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| (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.
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| (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.
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| (3) The conviction of a felony in this or any other
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| jurisdiction, except as
otherwise provided in subsection B | 24 |
| of this Section, whether or not related to
practice under | 25 |
| this Act, or the entry of a guilty or nolo contendere plea | 26 |
| to a
felony charge.
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| (4) Gross negligence in practice under this Act.
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| (5) Engaging in dishonorable, unethical or | 3 |
| unprofessional
conduct of a
character likely to deceive, | 4 |
| defraud or harm the public.
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| (6) Obtaining any fee by fraud, deceit, or
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| misrepresentation.
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| (7) Habitual or excessive use or abuse of drugs defined | 8 |
| in law
as
controlled substances, of alcohol, or of any | 9 |
| other substances which results in
the inability to practice | 10 |
| with reasonable judgment, skill or safety.
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| (8) Practicing under a false or, except as provided by | 12 |
| law, an
assumed
name.
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| (9) Fraud or misrepresentation in applying for, or | 14 |
| procuring, a
license
under this Act or in connection with | 15 |
| applying for renewal of a license under
this Act.
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| (10) Making a false or misleading statement regarding | 17 |
| their
skill or the
efficacy or value of the medicine, | 18 |
| treatment, or remedy prescribed by them at
their direction | 19 |
| in the treatment of any disease or other condition of the | 20 |
| body
or mind.
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| (11) Allowing another person or organization to use | 22 |
| their
license, procured
under this Act, to practice.
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| (12) Disciplinary action of another state or | 24 |
| jurisdiction
against a license
or other authorization to | 25 |
| practice as a medical doctor, doctor of osteopathy,
doctor | 26 |
| of osteopathic medicine or
doctor of chiropractic, a |
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| certified copy of the record of the action taken by
the | 2 |
| other state or jurisdiction being prima facie evidence | 3 |
| thereof.
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| (13) Violation of any provision of this Act or of the | 5 |
| Medical
Practice Act
prior to the repeal of that Act, or | 6 |
| violation of the rules, or a final
administrative action of | 7 |
| the Secretary, after consideration of the
recommendation | 8 |
| of the Disciplinary Board.
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| (14) Dividing with anyone other than physicians with | 10 |
| whom the
licensee
practices in a partnership, Professional | 11 |
| Association, limited liability
company, or Medical or | 12 |
| Professional
Corporation any fee, commission, rebate or | 13 |
| other form of compensation for any
professional services | 14 |
| not actually and personally rendered. Nothing contained
in | 15 |
| this subsection prohibits persons holding valid and | 16 |
| current licenses under
this Act from practicing medicine in | 17 |
| partnership under a partnership
agreement, including a | 18 |
| limited liability partnership, in a limited liability
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| company under the Limited Liability Company Act, in a | 20 |
| corporation authorized by
the Medical Corporation Act, as | 21 |
| an
association authorized by the Professional Association | 22 |
| Act, or in a
corporation under the
Professional Corporation | 23 |
| Act or from pooling, sharing, dividing or
apportioning the | 24 |
| fees and monies received by them or by the partnership,
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| corporation or association in accordance with the | 26 |
| partnership agreement or the
policies of the Board of |
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| Directors of the corporation or association. Nothing
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| contained in this subsection prohibits 2 or more | 3 |
| corporations authorized by the
Medical Corporation Act, | 4 |
| from forming a partnership or joint venture of such
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| corporations, and providing medical, surgical and | 6 |
| scientific research and
knowledge by employees of these | 7 |
| corporations if such employees are licensed
under this Act, | 8 |
| or from pooling, sharing, dividing, or apportioning the | 9 |
| fees
and monies received by the partnership or joint | 10 |
| venture in accordance with the
partnership or joint venture | 11 |
| agreement. Nothing contained in this subsection
shall | 12 |
| abrogate the right of 2 or more persons, holding valid and | 13 |
| current
licenses under this Act, to each receive adequate | 14 |
| compensation for concurrently
rendering professional | 15 |
| services to a patient and divide a fee; provided, the
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| patient has full knowledge of the division, and, provided, | 17 |
| that the division is
made in proportion to the services | 18 |
| performed and responsibility assumed by
each.
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| (15) A finding by the Medical Disciplinary Board that | 20 |
| the
registrant after
having his or her license placed on | 21 |
| probationary status or subjected to
conditions or | 22 |
| restrictions violated the terms of the probation or failed | 23 |
| to
comply with such terms or conditions.
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| (16) Abandonment of a patient.
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| (17) Prescribing, selling, administering, | 26 |
| distributing, giving
or
self-administering any drug |
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| classified as a controlled substance (designated
product) | 2 |
| or narcotic for other than medically accepted therapeutic
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| purposes.
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| (18) Promotion of the sale of drugs, devices, | 5 |
| appliances or
goods provided
for a patient in such manner | 6 |
| as to exploit the patient for financial gain of
the | 7 |
| physician.
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| (19) Offering, undertaking or agreeing to cure or treat
| 9 |
| disease by a secret
method, procedure, treatment or | 10 |
| medicine, or the treating, operating or
prescribing for any | 11 |
| human condition by a method, means or procedure which the
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| licensee refuses to divulge upon demand of the Department.
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| (20) Immoral conduct in the commission of any act | 14 |
| including,
but not limited to, commission of an act of | 15 |
| sexual misconduct related to the
licensee's
practice.
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| (21) Wilfully making or filing false records or reports | 17 |
| in his
or her
practice as a physician, including, but not | 18 |
| limited to, false records to
support claims against the | 19 |
| medical assistance program of the Department of Healthcare | 20 |
| and Family Services (formerly Department of
Public Aid)
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| under the Illinois Public Aid Code.
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| (22) Wilful omission to file or record, or wilfully | 23 |
| impeding
the filing or
recording, or inducing another | 24 |
| person to omit to file or record, medical
reports as | 25 |
| required by law, or wilfully failing to report an instance | 26 |
| of
suspected abuse or neglect as required by law.
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| (23) Being named as a perpetrator in an indicated | 2 |
| report by
the Department
of Children and Family Services | 3 |
| under the Abused and Neglected Child Reporting
Act, and | 4 |
| upon proof by clear and convincing evidence that the | 5 |
| licensee has
caused a child to be an abused child or | 6 |
| neglected child as defined in the
Abused and Neglected | 7 |
| Child Reporting Act.
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| (24) Solicitation of professional patronage by any
| 9 |
| corporation, agents or
persons, or profiting from those | 10 |
| representing themselves to be agents of the
licensee.
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| (25) Gross and wilful and continued overcharging for
| 12 |
| professional services,
including filing false statements | 13 |
| for collection of fees for which services are
not rendered, | 14 |
| including, but not limited to, filing such false statements | 15 |
| for
collection of monies for services not rendered from 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 |
| (26) A pattern of practice or other behavior which
| 20 |
| demonstrates
incapacity
or incompetence to practice under | 21 |
| this Act.
| 22 |
| (27) Mental illness or disability which results in the
| 23 |
| inability to
practice under this Act with reasonable | 24 |
| judgment, skill or safety.
| 25 |
| (28) Physical illness, including, but not limited to,
| 26 |
| deterioration through
the aging process, or loss of motor |
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| skill which results in a physician's
inability to practice | 2 |
| under this Act with reasonable judgment, skill or
safety.
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| (29) Cheating on or attempt to subvert the licensing
| 4 |
| examinations
administered under this Act.
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| (30) Wilfully or negligently violating the | 6 |
| confidentiality
between
physician and patient except as | 7 |
| required by law.
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| (31) The use of any false, fraudulent, or deceptive | 9 |
| statement
in any
document connected with practice under | 10 |
| this Act.
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| (32) Aiding and abetting an individual not licensed | 12 |
| under this
Act in the
practice of a profession licensed | 13 |
| under this Act.
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| (33) Violating state or federal laws or regulations | 15 |
| relating
to controlled
substances, legend
drugs, or | 16 |
| ephedra, as defined in the Ephedra Prohibition Act.
| 17 |
| (34) Failure to report to the Department any adverse | 18 |
| final
action taken
against them by another licensing | 19 |
| jurisdiction (any other state or any
territory of the | 20 |
| United States or any foreign state or country), by any peer
| 21 |
| review body, by any health care institution, by any | 22 |
| professional society or
association related to practice | 23 |
| under this Act, by any governmental agency, by
any law | 24 |
| enforcement agency, or by any court for acts or conduct | 25 |
| similar to acts
or conduct which would constitute grounds | 26 |
| for action as defined in this
Section.
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| (35) Failure to report to the Department surrender of a
| 2 |
| license or
authorization to practice as a medical doctor, a | 3 |
| doctor of osteopathy, a
doctor of osteopathic medicine, or | 4 |
| doctor
of chiropractic in another state or jurisdiction, or | 5 |
| surrender of membership on
any medical staff or in any | 6 |
| medical or professional association or society,
while | 7 |
| under disciplinary investigation by any of those | 8 |
| authorities or bodies,
for acts or conduct similar to acts | 9 |
| or conduct which would constitute grounds
for action as | 10 |
| defined in this Section.
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| (36) Failure to report to the Department any adverse | 12 |
| judgment,
settlement,
or award arising from a liability | 13 |
| claim related to acts or conduct similar to
acts or conduct | 14 |
| which would constitute grounds for action as defined in | 15 |
| this
Section.
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| (37) Failure to transfer copies of medical records as | 17 |
| required
by law.
| 18 |
| (38) Failure to furnish the Department, its | 19 |
| investigators or
representatives, relevant information, | 20 |
| legally requested by the Department
after consultation | 21 |
| with the Chief Medical Coordinator or the Deputy Medical
| 22 |
| Coordinator.
| 23 |
| (39) Violating the Health Care Worker Self-Referral
| 24 |
| Act.
| 25 |
| (40) Willful failure to provide notice when notice is | 26 |
| required
under the
Parental Notice of Abortion Act of 1995.
|
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| (41) Failure to establish and maintain records of | 2 |
| patient care and
treatment as required by this law.
| 3 |
| (42) Entering into an excessive number of written | 4 |
| collaborative
agreements with licensed advanced practice | 5 |
| nurses resulting in an inability to
adequately collaborate | 6 |
| and provide medical direction.
| 7 |
| (43) Repeated failure to adequately collaborate with | 8 |
| or provide medical
direction to a licensed advanced | 9 |
| practice nurse.
| 10 |
| (44) Violating any provision of the Internet | 11 |
| Prescribing Prohibition Act.
| 12 |
| Except
for actions involving the ground numbered (26), all | 13 |
| proceedings to suspend,
revoke, place on probationary status, | 14 |
| or take any
other disciplinary action as the Department may | 15 |
| deem proper, with regard to a
license on any of the foregoing | 16 |
| grounds, must be commenced within 5 years next
after receipt by | 17 |
| the Department of a complaint alleging the commission of or
| 18 |
| notice of the conviction order for any of the acts described | 19 |
| herein. Except
for the grounds numbered (8), (9), (26), and | 20 |
| (29), no action shall be commenced more
than 10 years after the | 21 |
| date of the incident or act alleged to have violated
this | 22 |
| Section. For actions involving the ground numbered (26), a | 23 |
| pattern of practice or other behavior includes all incidents | 24 |
| alleged to be part of the pattern of practice or other behavior | 25 |
| that occurred or a report pursuant to Section 23 of this Act | 26 |
| received within the 10-year period preceding the filing of the |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| complaint. In the event of the settlement of any claim or cause | 2 |
| of action
in favor of the claimant or the reduction to final | 3 |
| judgment of any civil action
in favor of the plaintiff, such | 4 |
| claim, cause of action or civil action being
grounded on the | 5 |
| allegation that a person licensed under this Act was negligent
| 6 |
| in providing care, the Department shall have an additional | 7 |
| period of 2 years
from the date of notification to the | 8 |
| Department under Section 23 of this Act
of such settlement or | 9 |
| final judgment in which to investigate and
commence formal | 10 |
| disciplinary proceedings under Section 36 of this Act, except
| 11 |
| as otherwise provided by law. The time during which the holder | 12 |
| of the license
was outside the State of Illinois shall not be | 13 |
| included within any period of
time limiting the commencement of | 14 |
| disciplinary action by the Department.
| 15 |
| The entry of an order or judgment by any circuit court | 16 |
| establishing that any
person holding a license under this Act | 17 |
| is a person in need of mental treatment
operates as a | 18 |
| suspension of that license. That person may resume their
| 19 |
| practice only upon the entry of a Departmental order based upon | 20 |
| a finding by
the Medical Disciplinary Board that they have been | 21 |
| determined to be recovered
from mental illness by the court and | 22 |
| upon the Disciplinary Board's
recommendation that they be | 23 |
| permitted to resume their practice.
| 24 |
| The Department may refuse to issue or take disciplinary | 25 |
| action concerning the license of any person
who fails to file a | 26 |
| return, or to pay the tax, penalty or interest shown in a
filed |
|
|
|
HB4391 Engrossed |
- 20 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| return, or to pay any final assessment of tax, penalty or | 2 |
| interest, as
required by any tax Act administered by the | 3 |
| Illinois Department of Revenue,
until such time as the | 4 |
| requirements of any such tax Act are satisfied as
determined by | 5 |
| the Illinois Department of Revenue.
| 6 |
| The Department, upon the recommendation of the | 7 |
| Disciplinary Board, shall
adopt rules which set forth standards | 8 |
| to be used in determining:
| 9 |
| (a) when a person will be deemed sufficiently | 10 |
| rehabilitated to warrant the
public trust;
| 11 |
| (b) what constitutes dishonorable, unethical or | 12 |
| unprofessional conduct of
a character likely to deceive, | 13 |
| defraud, or harm the public;
| 14 |
| (c) what constitutes immoral conduct in the commission | 15 |
| of any act,
including, but not limited to, commission of an | 16 |
| act of sexual misconduct
related
to the licensee's | 17 |
| practice; and
| 18 |
| (d) what constitutes gross negligence in the practice | 19 |
| of medicine.
| 20 |
| However, no such rule shall be admissible into evidence in | 21 |
| any civil action
except for review of a licensing or other | 22 |
| disciplinary action under this Act.
| 23 |
| In enforcing this Section, the Medical Disciplinary Board,
| 24 |
| upon a showing of a possible violation, may compel any | 25 |
| individual licensed to
practice under this Act, or who has | 26 |
| applied for licensure or a permit
pursuant to this Act, to |
|
|
|
HB4391 Engrossed |
- 21 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| submit to a mental or physical examination, or both,
as | 2 |
| required by and at the expense of the Department. The examining | 3 |
| physician
or physicians shall be those specifically designated | 4 |
| by the Disciplinary Board.
The Medical Disciplinary Board or | 5 |
| the Department may order the examining
physician to present | 6 |
| testimony concerning this mental or physical examination
of the | 7 |
| licensee or applicant. No information shall be excluded by | 8 |
| reason of
any common
law or statutory privilege relating to | 9 |
| communication between the licensee or
applicant and
the | 10 |
| examining physician.
The individual to be examined may have, at | 11 |
| his or her own expense, another
physician of his or her choice | 12 |
| present during all aspects of the examination.
Failure of any | 13 |
| individual to submit to mental or physical examination, when
| 14 |
| directed, shall be grounds for suspension of his or her license | 15 |
| until such time
as the individual submits to the examination if | 16 |
| the Disciplinary Board finds,
after notice and hearing, that | 17 |
| the refusal to submit to the examination was
without reasonable | 18 |
| cause. If the Disciplinary Board finds a physician unable
to | 19 |
| practice because of the reasons set forth in this Section, the | 20 |
| Disciplinary
Board shall require such physician to submit to | 21 |
| care, counseling, or treatment
by physicians approved or | 22 |
| designated by the Disciplinary Board, as a condition
for | 23 |
| continued, reinstated, or renewed licensure to practice. Any | 24 |
| physician,
whose license was granted pursuant to Sections 9, | 25 |
| 17, or 19 of this Act, or,
continued, reinstated, renewed, | 26 |
| disciplined or supervised, subject to such
terms, conditions or |
|
|
|
HB4391 Engrossed |
- 22 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| restrictions who shall fail to comply with such terms,
| 2 |
| conditions or restrictions, or to complete a required program | 3 |
| of care,
counseling, or treatment, as determined by the Chief | 4 |
| Medical Coordinator or
Deputy Medical Coordinators, shall be | 5 |
| referred to the Secretary for a
determination as to whether the | 6 |
| licensee shall have their license suspended
immediately, | 7 |
| pending a hearing by the Disciplinary Board. In instances in
| 8 |
| which the Secretary immediately suspends a license under this | 9 |
| Section, a hearing
upon such person's license must be convened | 10 |
| by the Disciplinary Board within 15
days after such suspension | 11 |
| and completed without appreciable delay. The
Disciplinary | 12 |
| Board shall have the authority to review the subject | 13 |
| physician's
record of treatment and counseling regarding the | 14 |
| impairment, to the extent
permitted by applicable federal | 15 |
| statutes and regulations safeguarding the
confidentiality of | 16 |
| medical records.
| 17 |
| An individual licensed under this Act, affected under this | 18 |
| Section, shall be
afforded an opportunity to demonstrate to the | 19 |
| Disciplinary Board that they can
resume practice in compliance | 20 |
| with acceptable and prevailing standards under
the provisions | 21 |
| of their license.
| 22 |
| The Department may promulgate rules for the imposition of | 23 |
| fines in
disciplinary cases, not to exceed
$10,000 for each | 24 |
| violation of this Act. Fines
may be imposed in conjunction with | 25 |
| other forms of disciplinary action, but
shall not be the | 26 |
| exclusive disposition of any disciplinary action arising out
of |
|
|
|
HB4391 Engrossed |
- 23 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| conduct resulting in death or injury to a patient. Any funds | 2 |
| collected from
such fines shall be deposited in the Medical | 3 |
| Disciplinary Fund.
| 4 |
| (B) The Department shall revoke the license or visiting
| 5 |
| permit of any person issued under this Act to practice medicine | 6 |
| or to treat
human ailments without the use of drugs and without | 7 |
| operative surgery, who
has been convicted a second time of | 8 |
| committing any felony under the
Illinois Controlled Substances | 9 |
| Act or the Methamphetamine Control and Community Protection | 10 |
| Act, or who has been convicted a second time of
committing a | 11 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | 12 |
| Public
Aid Code. A person whose license or visiting permit is | 13 |
| revoked
under
this subsection B of Section 22 of this Act shall | 14 |
| be prohibited from practicing
medicine or treating human | 15 |
| ailments without the use of drugs and without
operative | 16 |
| surgery.
| 17 |
| (C) The Medical 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.
|
|
|
|
HB4391 Engrossed |
- 24 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; | 2 |
| 95-331, eff. 8-21-07.)
| 3 |
| Section 100. The Nursing and Advanced Practice Nursing Act | 4 |
| is amended by changing Section 15-50 as follows:
| 5 |
| (225 ILCS 65/15-50)
| 6 |
| (Section scheduled to be repealed on January 1, 2008)
| 7 |
| Sec. 15-50. Grounds for disciplinary action.
| 8 |
| (a) The Department may, upon the recommendation of the APN | 9 |
| Board, refuse to
issue or to
renew, or may revoke, suspend, | 10 |
| place on probation, censure or
reprimand, or take other | 11 |
| disciplinary action as the Department may deem
appropriate with
| 12 |
| regard to
a license issued under this Title,
including the | 13 |
| issuance of fines not to exceed
$5,000 for each violation, for | 14 |
| any one or combination of the
grounds for discipline set forth | 15 |
| in Section 10-45 of this Act or
for any one or combination of | 16 |
| the following causes:
| 17 |
| (1) Gross negligence in the practice of advanced | 18 |
| practice nursing.
| 19 |
| (2) Exceeding the terms of a collaborative agreement or | 20 |
| the prescriptive
authority
delegated to him or her by his | 21 |
| or her collaborating physician or alternate
collaborating
| 22 |
| physician in guidelines established under a written | 23 |
| collaborative agreement.
| 24 |
| (3) Making a false or misleading statement regarding |
|
|
|
HB4391 Engrossed |
- 25 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| his or her skill or
the
efficacy or
value of the medicine, | 2 |
| treatment, or remedy prescribed by him or her in the
course | 3 |
| of treatment.
| 4 |
| (4) Prescribing, selling, administering, distributing, | 5 |
| giving, or
self-administering a drug
classified as a | 6 |
| controlled substance (designated product) or narcotic for | 7 |
| other
than medically
accepted therapeutic purposes.
| 8 |
| (5) Promotion of the sale of drugs, devices, | 9 |
| appliances, or goods provided
for
a patient
in a manner to | 10 |
| exploit the patient for financial gain.
| 11 |
| (6) Violating State or federal laws or regulations | 12 |
| relating to controlled
substances.
| 13 |
| (7) Willfully or negligently violating the | 14 |
| confidentiality between
advanced
practice
nurse, | 15 |
| collaborating physician, and patient, except as required | 16 |
| by law.
| 17 |
| (8) Failure of a licensee to report to the Department | 18 |
| any adverse final
action
taken
against such licensee by | 19 |
| another licensing jurisdiction (any other jurisdiction
of | 20 |
| the United
States or any foreign state or country), any | 21 |
| peer review body, any health
care institution,
a | 22 |
| professional or nursing or advanced practice nursing | 23 |
| society or association,
a governmental
agency, a law | 24 |
| enforcement agency, or a court or a liability claim | 25 |
| relating to
acts or conduct
similar to acts or conduct that | 26 |
| would constitute grounds for action as defined
in this |
|
|
|
HB4391 Engrossed |
- 26 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| Section.
| 2 |
| (9) Failure of a licensee to report to the Department | 3 |
| surrender by the
licensee
of a
license or authorization to | 4 |
| practice nursing or advanced practice nursing in
another | 5 |
| state or
jurisdiction, or current surrender by the licensee | 6 |
| of membership on any nursing
staff or
organized health care | 7 |
| professional staff or in any nursing, advanced practice
| 8 |
| nurse, or
professional association or society while under | 9 |
| disciplinary investigation by
any of those
authorities or | 10 |
| bodies for acts or conduct similar to acts or conduct that | 11 |
| would
constitute
grounds for action as defined in this | 12 |
| Section.
| 13 |
| (10) Failing, within 60 days, to provide information in | 14 |
| response to a
written request
made by the Department.
| 15 |
| (11) Failure to establish and maintain records of | 16 |
| patient care and
treatment as required
by law.
| 17 |
| (12) Any violation of any Section of this Title or Act.
| 18 |
| (13) Violating any provision of the Internet | 19 |
| Prescribing Prohibition Act.
| 20 |
| When the Department has received written
reports | 21 |
| concerning incidents required to be reported in
items (8) and | 22 |
| (9), the licensee's failure to report the incident to the
| 23 |
| Department under those items shall not be the sole
grounds for | 24 |
| disciplinary action.
| 25 |
| (b) The Department may refuse to issue or may suspend the | 26 |
| license of any
person who fails to file a return, to pay the |
|
|
|
HB4391 Engrossed |
- 27 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| tax, penalty, or interest shown
in a filed return, or to pay | 2 |
| any final assessment of the tax, penalty, or
interest as | 3 |
| required by a tax Act administered by the Department of | 4 |
| Revenue,
until the requirements of the tax Act are satisfied.
| 5 |
| (c) In enforcing this Section, the Department or APN Board, | 6 |
| upon a showing
of a possible violation, may compel an | 7 |
| individual licensed to practice under
this Title, or who has | 8 |
| applied for licensure under this Title, to submit to a
mental | 9 |
| or physical examination or both, as required by and at the | 10 |
| expense of
the Department. The Department or APN Board may | 11 |
| order the examining physician
to present testimony concerning | 12 |
| the mental or physical examination of the
licensee or | 13 |
| applicant. No information shall be excluded by reason of any
| 14 |
| common law or statutory privilege relating to communications | 15 |
| between the
licensee or applicant and the examining physician. | 16 |
| The examining physician
shall be specifically designated by the | 17 |
| APN Board or Department. The
individual to be examined may | 18 |
| have, at his or her own expense, another
physician of his or | 19 |
| her choice present during all aspects of this examination.
| 20 |
| Failure of an individual to submit to a mental or physical | 21 |
| examination when
directed shall be grounds for suspension of | 22 |
| his or her license until the
individual submits to the | 23 |
| examination if the Department finds, after notice and
hearing, | 24 |
| that the refusal to submit to the examination was without | 25 |
| reasonable
cause.
| 26 |
| If the Department or APN Board finds an individual unable |
|
|
|
HB4391 Engrossed |
- 28 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| to practice
because of the reasons set forth in this Section, | 2 |
| the Department or APN Board
may require that individual to | 3 |
| submit to care, counseling, or treatment by
physicians approved | 4 |
| or designated by the Department or APN Board as a
condition, | 5 |
| term, or restriction for continued, reinstated, or renewed | 6 |
| licensure
to practice; or, in lieu of care, counseling, or | 7 |
| treatment, the Department may
file, or the APN Board may | 8 |
| recommend to the Department to file, a complaint to
immediately | 9 |
| suspend, revoke, or otherwise discipline the license of the
| 10 |
| individual. An individual whose license was granted, | 11 |
| continued, reinstated,
renewed, disciplined or supervised | 12 |
| subject to terms, conditions, or
restrictions, and who fails to | 13 |
| comply with the terms, conditions, or
restrictions, shall be | 14 |
| referred to the Director for a determination as to
whether the | 15 |
| individual shall have his or her license suspended immediately,
| 16 |
| pending a hearing by the Department.
| 17 |
| In instances in which the Director immediately suspends a | 18 |
| person's license
under this Section, a hearing on that person's | 19 |
| license shall be convened by the
Department within 15 days | 20 |
| after the suspension and shall be completed without
appreciable | 21 |
| delay. The Department and APN Board shall have the authority to
| 22 |
| review the subject individual's record of treatment and | 23 |
| counseling regarding
the impairment to the extent permitted by | 24 |
| applicable federal statutes and
regulations safeguarding the | 25 |
| confidentiality of medical records.
| 26 |
| An individual licensed under this Title and affected under |
|
|
|
HB4391 Engrossed |
- 29 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| this Section shall
be afforded an opportunity to demonstrate to | 2 |
| the Department or APN Board that
he or she can resume practice | 3 |
| in compliance with acceptable and prevailing
standards under | 4 |
| the provisions of his or her license.
| 5 |
| (Source: P.A. 90-742, eff. 8-13-98.)
| 6 |
| Section 105. The Illinois Optometric Practice Act of 1987 | 7 |
| is amended by changing Section 24 as follows:
| 8 |
| (225 ILCS 80/24) (from Ch. 111, par. 3924)
| 9 |
| (Section scheduled to be repealed on January 1, 2017)
| 10 |
| Sec. 24. Grounds for disciplinary action.
| 11 |
| (a) The Department may refuse to issue or to renew, or may
| 12 |
| revoke, suspend, place on probation, reprimand or take other
| 13 |
| disciplinary action as the Department may deem proper, | 14 |
| including fines not
to exceed $10,000 for each violation, with | 15 |
| regard to any license for any one or combination of the | 16 |
| following causes:
| 17 |
| (1) Violations of this Act, or of the rules promulgated
| 18 |
| hereunder.
| 19 |
| (2) Conviction of or entry of a plea of guilty to any | 20 |
| crime under the laws of any U.S. jurisdiction
thereof that | 21 |
| is a felony or that is a misdemeanor of which an essential | 22 |
| element
is dishonesty, or any crime that is directly | 23 |
| related to the practice of the
profession.
| 24 |
| (3) Making any misrepresentation for the purpose of |
|
|
|
HB4391 Engrossed |
- 30 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| obtaining a
license.
| 2 |
| (4) Professional incompetence or gross negligence in | 3 |
| the
practice of optometry.
| 4 |
| (5) Gross malpractice, prima facie evidence
of which | 5 |
| may be a conviction or judgment of
malpractice in any court | 6 |
| of competent jurisdiction.
| 7 |
| (6) Aiding or assisting another person in violating any
| 8 |
| provision of this Act or rules.
| 9 |
| (7) Failing, within 60 days, to provide information in | 10 |
| response
to a
written request made by the Department that | 11 |
| has been sent by
certified or
registered mail to the | 12 |
| licensee's last known address.
| 13 |
| (8) Engaging in dishonorable, unethical, or | 14 |
| unprofessional
conduct of a
character likely to deceive, | 15 |
| defraud, or harm the public.
| 16 |
| (9) Habitual or excessive use or addiction to alcohol,
| 17 |
| narcotics,
stimulants or any other chemical agent or drug | 18 |
| that results in
the
inability to practice with reasonable | 19 |
| judgment, skill, or safety.
| 20 |
| (10) Discipline by another U.S. jurisdiction or | 21 |
| foreign
nation, if at
least one of the grounds for the | 22 |
| discipline is the same or substantially
equivalent to those | 23 |
| set forth herein.
| 24 |
| (11) Directly or indirectly giving to or receiving from | 25 |
| any
person, firm,
corporation, partnership, or association | 26 |
| any fee, commission, rebate, or
other form of compensation |
|
|
|
HB4391 Engrossed |
- 31 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| for any professional services not actually or
personally | 2 |
| rendered. This shall not be deemed to include (i) rent or | 3 |
| other
remunerations paid to an individual, partnership, or | 4 |
| corporation by an
optometrist for the lease, rental, or use | 5 |
| of space, owned or controlled, by
the individual, | 6 |
| partnership, corporation or association, and (ii) the
| 7 |
| division of fees between an optometrist and related | 8 |
| professional service
providers with whom the optometrist | 9 |
| practices in a
professional corporation organized under | 10 |
| Section 3.6 of the Professional
Service Corporation Act.
| 11 |
| (12) A finding by the Department that the licensee, | 12 |
| after
having his or
her
license placed on probationary | 13 |
| status has violated the terms of
probation.
| 14 |
| (13) Abandonment of a patient.
| 15 |
| (14) Willfully making or filing false records or | 16 |
| reports in
his or her
practice,
including but not limited | 17 |
| to false records filed with State agencies or
departments.
| 18 |
| (15) Willfully failing to report an instance of | 19 |
| suspected
child abuse or
neglect as required by the Abused | 20 |
| and Neglected Child Reporting Act.
| 21 |
| (16) Physical illness, including but not limited to,
| 22 |
| deterioration
through the aging process, or loss of motor | 23 |
| skill, mental illness, or
disability that results in the
| 24 |
| inability to practice the profession with reasonable | 25 |
| judgment, skill,
or safety.
| 26 |
| (17) Solicitation of professional services other than
|
|
|
|
HB4391 Engrossed |
- 32 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| permitted
advertising.
| 2 |
| (18) Failure to provide a patient with a copy of his or
| 3 |
| her record or
prescription in accordance with federal law.
| 4 |
| (19) Conviction by any court of competent | 5 |
| jurisdiction, either
within or
without this State, of any | 6 |
| violation of any law governing the practice of
optometry, | 7 |
| conviction in this or another State of any crime that
is a
| 8 |
| felony under the laws of this State or conviction of a | 9 |
| felony in a federal
court, if the Department determines, | 10 |
| after investigation, that such person
has not been | 11 |
| sufficiently rehabilitated to warrant the public trust.
| 12 |
| (20) A finding that licensure has been applied for or | 13 |
| obtained
by
fraudulent means.
| 14 |
| (21) Continued practice by a person knowingly having an
| 15 |
| infectious
or contagious
disease.
| 16 |
| (22) Being named as a perpetrator in an indicated | 17 |
| report by
the
Department of Children and Family Services | 18 |
| under the Abused and
Neglected Child Reporting Act, and | 19 |
| upon proof by clear and
convincing evidence that the | 20 |
| licensee has caused a child to be an abused
child or a | 21 |
| neglected child as defined in the Abused and Neglected | 22 |
| Child
Reporting Act.
| 23 |
| (23) Practicing or attempting to practice under a name | 24 |
| other
than the
full name as shown on his or her license.
| 25 |
| (24) Immoral conduct in the commission of any act, such | 26 |
| as
sexual abuse,
sexual misconduct or sexual exploitation, |
|
|
|
HB4391 Engrossed |
- 33 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| related to the licensee's
practice.
| 2 |
| (25) Maintaining a professional relationship with any | 3 |
| person,
firm, or
corporation when the optometrist knows, or | 4 |
| should know, that such person,
firm, or corporation is | 5 |
| violating this Act.
| 6 |
| (26) Promotion of the sale of drugs, devices, | 7 |
| appliances or
goods
provided for a client or patient in | 8 |
| such manner as to exploit the patient
or client for | 9 |
| financial gain of the licensee.
| 10 |
| (27) Using the title "Doctor" or its abbreviation | 11 |
| without
further
qualifying that title or abbreviation with | 12 |
| the word "optometry" or
"optometrist".
| 13 |
| (28) Use by a licensed optometrist of the
word
| 14 |
| "infirmary",
"hospital", "school", "university", in | 15 |
| English or any other
language, in connection with the place | 16 |
| where optometry may be practiced or
demonstrated.
| 17 |
| (29) Continuance of an optometrist in the employ of any
| 18 |
| person, firm or
corporation, or as an assistant to any | 19 |
| optometrist or optometrists,
directly or indirectly, after | 20 |
| his or her employer or superior has been
found
guilty of | 21 |
| violating or has been enjoined from violating the laws of | 22 |
| the
State of Illinois relating to the practice of | 23 |
| optometry, when the employer
or superior persists in that | 24 |
| violation.
| 25 |
| (30) The performance of optometric service in | 26 |
| conjunction with
a scheme
or plan with another person, firm |
|
|
|
HB4391 Engrossed |
- 34 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| or corporation known to be advertising in
a manner contrary | 2 |
| to this Act or otherwise violating the laws of the State of
| 3 |
| Illinois concerning the practice of optometry.
| 4 |
| (31) Failure to provide satisfactory proof of having
| 5 |
| participated in
approved continuing education programs as | 6 |
| determined by the Board and
approved by the Secretary. | 7 |
| Exceptions for extreme hardships are to be
defined by the | 8 |
| rules of the Department.
| 9 |
| (32) Willfully making or filing false records or | 10 |
| reports in
the practice
of optometry, including, but not | 11 |
| limited to false records to support claims
against the | 12 |
| medical assistance program of the Department of Healthcare | 13 |
| and Family Services (formerly Department of Public Aid)
| 14 |
| under the Illinois Public Aid Code.
| 15 |
| (33) Gross and willful overcharging for professional | 16 |
| services
including
filing false statements for collection | 17 |
| of fees for which services are not
rendered, including, but | 18 |
| not limited to filing false statements for
collection of | 19 |
| monies for services not rendered from the medical | 20 |
| assistance
program of the Department of Healthcare and | 21 |
| Family Services (formerly Department of Public Aid) under | 22 |
| the Illinois Public Aid
Code.
| 23 |
| (34) In the absence of good reasons to the contrary, | 24 |
| failure
to perform a
minimum eye examination as required by | 25 |
| the rules of the Department.
| 26 |
| (35) Violation of the Health Care Worker Self-Referral |
|
|
|
HB4391 Engrossed |
- 35 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| Act.
| 2 |
| (36) Violating any provision of the Internet | 3 |
| Prescribing Prohibition Act.
| 4 |
| The Department may refuse to issue or may suspend the | 5 |
| license of any person who fails to file a return, or to pay the | 6 |
| tax,
penalty or interest shown in a filed return, or to pay any | 7 |
| final assessment
of the tax, penalty or interest, as required | 8 |
| by any tax Act administered by
the Illinois Department of | 9 |
| Revenue, until such time as the requirements of
any such tax | 10 |
| Act are satisfied.
| 11 |
| (a-5) In enforcing this Section, the Board upon a showing | 12 |
| of a possible
violation, may compel any individual licensed to | 13 |
| practice under this Act, or
who has applied for licensure or | 14 |
| certification pursuant to this Act,
to submit to a
mental or | 15 |
| physical
examination, or both, as required by and at the | 16 |
| expense of the Department. The
examining physicians or clinical | 17 |
| psychologists shall be those specifically
designated by the | 18 |
| Board. The Board or the Department may order the examining
| 19 |
| physician or clinical psychologist to present testimony | 20 |
| concerning this mental
or physical examination of the licensee | 21 |
| or applicant. No information shall be
excluded by reason of any | 22 |
| common law or statutory privilege relating to
communications | 23 |
| between the licensee or applicant and the examining physician | 24 |
| or
clinical psychologist. Eye examinations may be provided by a | 25 |
| licensed
optometrist. The individual to be examined may have,
| 26 |
| at his or her own expense, another physician of his or her |
|
|
|
HB4391 Engrossed |
- 36 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| choice present
during all aspects of the examination. Failure | 2 |
| of any individual to submit to
a mental or physical | 3 |
| examination, when directed, shall be grounds for
suspension of | 4 |
| a license until such time as the individual submits to the
| 5 |
| examination if the Board finds, after notice and hearing, that | 6 |
| the refusal to
submit to the examination was without reasonable | 7 |
| cause.
| 8 |
| If the Board finds an individual unable to practice because | 9 |
| of the reasons
set forth in this Section, the Board shall | 10 |
| require such individual to submit to
care, counseling, or | 11 |
| treatment by physicians or clinical psychologists approved
or | 12 |
| designated by the Board, as a condition, term, or restriction | 13 |
| for continued,
reinstated, or renewed licensure to practice, or | 14 |
| in lieu of care, counseling,
or treatment, the Board may | 15 |
| recommend to the Department to file a complaint to immediately | 16 |
| suspend, revoke, or otherwise discipline the
license of the | 17 |
| individual, or the Board may recommend to the Department to | 18 |
| file
a complaint to suspend, revoke, or otherwise discipline | 19 |
| the license of the
individual. Any individual whose license was | 20 |
| granted pursuant to this Act, or
continued, reinstated, | 21 |
| renewed, disciplined, or supervised, subject to such
| 22 |
| conditions, terms, or restrictions, who shall fail to comply | 23 |
| with such
conditions, terms, or restrictions, shall be referred | 24 |
| to the Secretary for a
determination as to whether the | 25 |
| individual shall have his or her license
suspended immediately, | 26 |
| pending a hearing by the Board.
|
|
|
|
HB4391 Engrossed |
- 37 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| (b) The determination by a circuit court that a licensee is | 2 |
| subject to
involuntary admission or judicial admission as | 3 |
| provided in the Mental
Health and Developmental Disabilities | 4 |
| Code operates as an
automatic suspension. The suspension will | 5 |
| end only upon a finding by a
court that the patient is no | 6 |
| longer subject to involuntary admission or
judicial admission | 7 |
| and issues an order so finding and discharging the
patient; and | 8 |
| upon the recommendation of the Board to the Secretary
that
the | 9 |
| licensee be allowed to resume his or her practice.
| 10 |
| (Source: P.A. 94-787, eff. 5-19-06.)
| 11 |
| Section 110. The Physician Assistant Practice Act of 1987 | 12 |
| is amended by changing Section 21 as follows:
| 13 |
| (225 ILCS 95/21) (from Ch. 111, par. 4621)
| 14 |
| (Section scheduled to be repealed on January 1, 2018)
| 15 |
| Sec. 21. Grounds for disciplinary action.
| 16 |
| (a) The Department may refuse to issue or to renew, or may
| 17 |
| revoke, suspend, place on probation, censure or reprimand, or | 18 |
| take other
disciplinary or non-disciplinary action with regard | 19 |
| to any license issued under this Act as the
Department may deem | 20 |
| proper, including the issuance of fines not to exceed
$10,000
| 21 |
| for each violation, for any one or combination of the following | 22 |
| causes:
| 23 |
| (1) Material misstatement in furnishing information to | 24 |
| the Department.
|
|
|
|
HB4391 Engrossed |
- 38 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| (2) Violations of this Act, or the rules adopted under | 2 |
| this Act.
| 3 |
| (3) Conviction of or entry of a plea of guilty or nolo | 4 |
| contendere to any crime that is a felony under the laws of | 5 |
| the United States or any state or territory thereof
or that | 6 |
| is a misdemeanor
of which an essential element is
| 7 |
| dishonesty or
that
is directly related to the practice of | 8 |
| the
profession.
| 9 |
| (4) Making any misrepresentation for the purpose of | 10 |
| obtaining licenses.
| 11 |
| (5) Professional incompetence.
| 12 |
| (6) Aiding or assisting another person in violating any | 13 |
| provision of this
Act or its rules.
| 14 |
| (7) Failing, within 60 days, to provide information in | 15 |
| response to a
written request made by the Department.
| 16 |
| (8) Engaging in dishonorable, unethical, or | 17 |
| unprofessional conduct, as
defined by rule, of a character | 18 |
| likely to deceive, defraud, or harm the public.
| 19 |
| (9) Habitual or excessive use or addiction to alcohol, | 20 |
| narcotics,
stimulants, or any other chemical agent or drug | 21 |
| that results in a physician
assistant's inability to | 22 |
| practice with reasonable judgment, skill, or safety.
| 23 |
| (10) Discipline by another U.S. jurisdiction or | 24 |
| foreign nation, if at
least one of the grounds for | 25 |
| discipline is the same or substantially equivalent
to those | 26 |
| set forth in this Section.
|
|
|
|
HB4391 Engrossed |
- 39 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| (11) Directly or indirectly giving to or receiving from | 2 |
| any person, firm,
corporation, partnership, or association | 3 |
| any fee, commission, rebate or
other form of compensation | 4 |
| for any professional services not actually or
personally | 5 |
| rendered.
| 6 |
| (12) A finding by the Disciplinary Board that the | 7 |
| licensee, after having
his or her license placed on | 8 |
| probationary status has violated the terms of
probation.
| 9 |
| (13) Abandonment of a patient.
| 10 |
| (14) Willfully making or filing false records or | 11 |
| reports in his or her
practice, including but not limited | 12 |
| to false records filed with state agencies
or departments.
| 13 |
| (15) Willfully failing to report an instance of | 14 |
| suspected child abuse or
neglect as required by the Abused | 15 |
| and Neglected Child Reporting Act.
| 16 |
| (16) Physical illness, or mental illness or impairment
| 17 |
| that results in the inability to practice the profession | 18 |
| with
reasonable judgment, skill, or safety, including, but | 19 |
| not limited to, deterioration through the aging process or | 20 |
| loss of motor skill.
| 21 |
| (17) Being named as a perpetrator in an indicated | 22 |
| report by the
Department of Children and Family Services | 23 |
| under the Abused and
Neglected Child Reporting Act, and | 24 |
| upon proof by clear and convincing evidence
that the | 25 |
| licensee has caused a child to be an abused child or | 26 |
| neglected child
as defined in the Abused and Neglected |
|
|
|
HB4391 Engrossed |
- 40 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| Child Reporting Act.
| 2 |
| (18) (Blank).
| 3 |
| (19) Gross negligence
resulting in permanent injury or | 4 |
| death
of a patient.
| 5 |
| (20) Employment of fraud, deception or any unlawful | 6 |
| means in applying for
or securing a license as a physician | 7 |
| assistant.
| 8 |
| (21) Exceeding the authority delegated to him or her by | 9 |
| his or her
supervising physician in guidelines established | 10 |
| by the physician/physician
assistant
team.
| 11 |
| (22) Immoral conduct in the commission of any act, such | 12 |
| as sexual abuse,
sexual misconduct or sexual exploitation | 13 |
| related to the licensee's practice.
| 14 |
| (23) Violation of the Health Care Worker Self-Referral | 15 |
| Act.
| 16 |
| (24) Practicing under a false or assumed name, except | 17 |
| as provided by law.
| 18 |
| (25) Making a false or misleading statement regarding | 19 |
| his or her skill or
the efficacy or value of the medicine, | 20 |
| treatment, or remedy prescribed by him
or her in the course | 21 |
| of treatment.
| 22 |
| (26) Allowing another person to use his or her license | 23 |
| to practice.
| 24 |
| (27) Prescribing, selling, administering, | 25 |
| distributing, giving, or
self-administering a drug | 26 |
| classified as a controlled substance (designated
product) |
|
|
|
HB4391 Engrossed |
- 41 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| or narcotic for other than medically-accepted therapeutic | 2 |
| purposes.
| 3 |
| (28) Promotion of the sale of drugs, devices, | 4 |
| appliances, or goods
provided for a patient in a manner to | 5 |
| exploit the patient for financial gain.
| 6 |
| (29) A pattern of practice or other behavior that | 7 |
| demonstrates incapacity
or incompetence to practice under | 8 |
| this Act.
| 9 |
| (30) Violating State or federal laws or regulations | 10 |
| relating to controlled
substances or other legend drugs.
| 11 |
| (31) Exceeding the limited prescriptive authority | 12 |
| delegated by the
supervising physician or violating the | 13 |
| written guidelines delegating that
authority.
| 14 |
| (32) Practicing without providing to the Department a | 15 |
| notice of
supervision or delegation of
prescriptive | 16 |
| authority.
| 17 |
| (33) Violating any provision of the Internet | 18 |
| Prescribing Prohibition Act.
| 19 |
| (b) The Department may, without a hearing, refuse to issue | 20 |
| or renew or may suspend the license of any
person who fails to | 21 |
| file a return, or to pay the tax, penalty or interest
shown in | 22 |
| a filed return, or to pay any final assessment of the tax,
| 23 |
| penalty, or interest as required by any tax Act administered by | 24 |
| the
Illinois Department of Revenue, until such time as the | 25 |
| requirements of any
such tax Act are satisfied.
| 26 |
| (c) The determination by a circuit court that a licensee is |
|
|
|
HB4391 Engrossed |
- 42 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| subject to
involuntary admission or judicial admission as | 2 |
| provided in the Mental Health
and Developmental Disabilities | 3 |
| Code operates as an automatic suspension.
The
suspension will | 4 |
| end only upon a finding by a court that the patient is no
| 5 |
| longer subject to involuntary admission or judicial admission | 6 |
| and issues an
order so finding and discharging the patient, and | 7 |
| upon the
recommendation of
the Disciplinary Board to the | 8 |
| Secretary
that the licensee be allowed to resume
his or her | 9 |
| practice.
| 10 |
| (d) In enforcing this Section, the Department upon a | 11 |
| showing of a
possible
violation may compel an individual | 12 |
| licensed to practice under this Act, or
who has applied for | 13 |
| licensure under this Act, to submit
to a mental or physical | 14 |
| examination, or both, as required by and at the expense
of the | 15 |
| Department. The Department may order the examining physician to
| 16 |
| present
testimony concerning the mental or physical | 17 |
| examination of the licensee or
applicant. No information shall | 18 |
| be excluded by reason of any common law or
statutory privilege | 19 |
| relating to communications between the licensee or
applicant | 20 |
| and the examining physician. The examining
physicians
shall be | 21 |
| specifically designated by the Department.
The individual to be | 22 |
| examined may have, at his or her own expense, another
physician | 23 |
| of his or her choice present during all
aspects of this | 24 |
| examination. Failure of an individual to submit to a mental
or
| 25 |
| physical examination, when directed, shall be grounds for | 26 |
| suspension of his or
her
license until the individual submits |
|
|
|
HB4391 Engrossed |
- 43 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| to the examination if the Department
finds,
after notice and | 2 |
| hearing, that the refusal to submit to the examination was
| 3 |
| without reasonable cause.
| 4 |
| If the Department finds an individual unable to practice | 5 |
| because of
the
reasons
set forth in this Section, the | 6 |
| Department may require that individual
to submit
to
care, | 7 |
| counseling, or treatment by physicians approved
or designated | 8 |
| by the Department, as a condition, term, or restriction
for | 9 |
| continued,
reinstated, or
renewed licensure to practice; or, in | 10 |
| lieu of care, counseling, or treatment,
the Department may file
| 11 |
| a complaint to immediately
suspend, revoke, or otherwise | 12 |
| discipline the license of the individual.
An individual whose
| 13 |
| license was granted, continued, reinstated, renewed, | 14 |
| disciplined, or supervised
subject to such terms, conditions, | 15 |
| or restrictions, and who fails to comply
with
such terms, | 16 |
| conditions, or restrictions, shall be referred to the Secretary
| 17 |
| for
a
determination as to whether the individual shall have his | 18 |
| or her license
suspended immediately, pending a hearing by the | 19 |
| Department.
| 20 |
| In instances in which the Secretary
immediately suspends a | 21 |
| person's license
under this Section, a hearing on that person's | 22 |
| license must be convened by
the Department within 30
days after | 23 |
| the suspension and completed without
appreciable
delay.
The | 24 |
| Department shall have the authority to review the subject
| 25 |
| individual's record of
treatment and counseling regarding the | 26 |
| impairment to the extent permitted by
applicable federal |
|
|
|
HB4391 Engrossed |
- 44 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| statutes and regulations safeguarding the confidentiality of
| 2 |
| medical records.
| 3 |
| An individual licensed under this Act and affected under | 4 |
| this Section shall
be
afforded an opportunity to demonstrate to | 5 |
| the Department that he or
she can resume
practice in compliance | 6 |
| with acceptable and prevailing standards under the
provisions | 7 |
| of his or her license.
| 8 |
| (Source: P.A. 95-703, eff. 12-31-07.)
| 9 |
| Section 115. The Podiatric Medical Practice Act of 1987 is | 10 |
| amended by changing Section 24 as follows:
| 11 |
| (225 ILCS 100/24) (from Ch. 111, par. 4824)
| 12 |
| (Section scheduled to be repealed on January 1, 2018)
| 13 |
| Sec. 24. Grounds for disciplinary action.
The Department | 14 |
| may refuse to issue, may refuse to renew,
may refuse to | 15 |
| restore, may suspend, or may revoke any license, or may place
| 16 |
| on probation, reprimand or take other disciplinary or | 17 |
| non-disciplinary action as the
Department may deem proper, | 18 |
| including fines not to exceed $10,000
for each violation upon | 19 |
| anyone licensed under this Act for any of the
following | 20 |
| reasons:
| 21 |
| (1) Making a material misstatement in furnishing | 22 |
| information
to the
Department.
| 23 |
| (2) Violations of this Act, or of the rules or | 24 |
| regulations
promulgated
hereunder.
|
|
|
|
HB4391 Engrossed |
- 45 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| (3) Conviction of or entry of a plea of guilty or nolo | 2 |
| contendere to any crime that is a felony under the laws of | 3 |
| the United States or any state or territory of the United | 4 |
| States
that
is a misdemeanor, of which an essential
element | 5 |
| is
dishonesty, or of any crime that is directly related to | 6 |
| the
practice of the
profession.
| 7 |
| (4) Making any misrepresentation for the purpose of | 8 |
| obtaining
licenses, or
violating any provision of this Act | 9 |
| or the rules promulgated thereunder
pertaining to | 10 |
| advertising.
| 11 |
| (5) Professional incompetence.
| 12 |
| (6) Gross or repeated malpractice or negligence.
| 13 |
| (7) Aiding or assisting another person in violating any | 14 |
| provision
of this Act or rules.
| 15 |
| (8) Failing, within 30 days, to provide information in | 16 |
| response
to a written
request made by the Department.
| 17 |
| (9) Engaging in dishonorable, unethical or | 18 |
| unprofessional conduct
of a
character likely to deceive, | 19 |
| defraud or harm the public.
| 20 |
| (10) Habitual or excessive use of alcohol, narcotics, | 21 |
| stimulants
or other
chemical agent or drug that results in | 22 |
| the inability to practice
podiatric
medicine with | 23 |
| reasonable judgment, skill or safety.
| 24 |
| (11) Discipline by another United States jurisdiction | 25 |
| if at
least one of
the grounds for the discipline is the | 26 |
| same or substantially equivalent to
those set forth in this |
|
|
|
HB4391 Engrossed |
- 46 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| Section.
| 2 |
| (12) Directly or indirectly giving to or receiving from | 3 |
| any
person, firm,
corporation, partnership or association | 4 |
| any fee, commission, rebate or
other form of compensation | 5 |
| for any professional services not actually or
personally | 6 |
| rendered. This shall not be deemed to include rent or other
| 7 |
| remunerations paid to an individual, partnership, or | 8 |
| corporation, by a
licensee, for the lease, rental or use of | 9 |
| space, owned or controlled, by
the individual, partnership | 10 |
| or corporation.
| 11 |
| (13) A finding by the Podiatric Medical Licensing Board | 12 |
| that the
licensee,
after having his
or her
license placed | 13 |
| on probationary status, has violated the
terms of | 14 |
| probation.
| 15 |
| (14) Abandonment of a patient.
| 16 |
| (15) Willfully making or filing false records or | 17 |
| reports in his
or her practice,
including but not limited | 18 |
| to false records filed with state agencies or
departments.
| 19 |
| (16) Willfully failing to report an instance of | 20 |
| suspected child
abuse or
neglect as required by the Abused | 21 |
| and Neglected Child Report Act.
| 22 |
| (17) Physical illness, mental illness, or other | 23 |
| impairment, including but not limited to,
deterioration | 24 |
| through
the aging process, or loss of motor skill
that | 25 |
| results in the inability to
practice the profession with | 26 |
| reasonable judgment, skill or safety.
|
|
|
|
HB4391 Engrossed |
- 47 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| (18) Solicitation of professional services other than | 2 |
| permitted
advertising.
| 3 |
| (19) The determination by a circuit court that a | 4 |
| licensed
podiatric
physician is subject to involuntary | 5 |
| admission or judicial admission as
provided in the Mental | 6 |
| Health and Developmental Disabilities Code
operates as an | 7 |
| automatic suspension.
Such suspension will end only upon a | 8 |
| finding by a court that the
patient is no longer subject to | 9 |
| involuntary admission or judicial admission
and issues an | 10 |
| order so finding and discharging the patient; and upon the
| 11 |
| recommendation of the Podiatric Medical Licensing Board to | 12 |
| the Secretary
that the licensee be allowed to resume his or | 13 |
| her practice.
| 14 |
| (20) Holding oneself out to treat human ailments under | 15 |
| any name
other
than his or her own, or the impersonation of | 16 |
| any other physician.
| 17 |
| (21) Revocation or suspension or other action taken | 18 |
| with
respect to a podiatric medical license in
another | 19 |
| jurisdiction that would constitute disciplinary action | 20 |
| under this
Act.
| 21 |
| (22) Promotion of the sale of drugs, devices, | 22 |
| appliances or
goods
provided for a patient in such manner | 23 |
| as to exploit the patient for
financial gain of the | 24 |
| podiatric physician.
| 25 |
| (23) Gross, willful, and continued overcharging for | 26 |
| professional
services
including filing false statements |
|
|
|
HB4391 Engrossed |
- 48 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| for collection of fees for those
services, including, but | 2 |
| not limited to, filing false statement for
collection of | 3 |
| monies for services not rendered from the medical | 4 |
| assistance
program of the Department of Healthcare and | 5 |
| Family Services (formerly
Department of Public Aid) under | 6 |
| the Illinois Public Aid Code
or other private or public | 7 |
| third party payor.
| 8 |
| (24) Being named as a perpetrator in an indicated | 9 |
| report by the
Department of Children and Family Services | 10 |
| under the Abused and
Neglected Child Reporting Act, and | 11 |
| upon
proof by clear and convincing evidence that the | 12 |
| licensee has caused a child
to be an abused child or | 13 |
| neglected child as defined in the Abused and
Neglected | 14 |
| Child Reporting Act.
| 15 |
| (25) Willfully making or filing false records or | 16 |
| reports in the
practice of podiatric medicine, including, | 17 |
| but not limited to, false
records to support claims against | 18 |
| the medical assistance program of the
Department of | 19 |
| Healthcare and Family Services (formerly Department of | 20 |
| Public Aid) under the Illinois Public Aid Code.
| 21 |
| (26) (Blank).
| 22 |
| (27) Immoral conduct in the commission of any act
| 23 |
| including,
sexual
abuse, sexual misconduct, or sexual | 24 |
| exploitation, related to the licensee's
practice.
| 25 |
| (28) Violation of the Health Care Worker Self-Referral | 26 |
| Act.
|
|
|
|
HB4391 Engrossed |
- 49 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| (29) Failure to report to the Department any adverse | 2 |
| final action taken
against him or her by another licensing | 3 |
| jurisdiction (another state or a
territory of the United | 4 |
| States or a foreign state or country) by a peer
review
| 5 |
| body, by any health care institution, by a professional | 6 |
| society or association
related to practice under this Act, | 7 |
| by a governmental agency, by a law
enforcement agency, or | 8 |
| by a court for acts or conduct similar to acts or
conduct | 9 |
| that would constitute grounds for action as defined in this | 10 |
| Section.
| 11 |
| (30) Violating any provision of the Internet | 12 |
| Prescribing Prohibition Act.
| 13 |
| The Department may refuse to issue or may suspend the | 14 |
| license of any
person who fails to file a return, or to pay the | 15 |
| tax, penalty or interest
shown in a filed return, or to pay any | 16 |
| final assessment of tax, penalty or
interest, as required by | 17 |
| any tax Act administered by the Illinois
Department of Revenue, | 18 |
| until such time as the requirements of any such tax
Act are | 19 |
| satisfied.
| 20 |
| Upon receipt of a written
communication from the Secretary | 21 |
| of Human Services, the Director of Healthcare and Family | 22 |
| Services (formerly Director of
Public Aid), or the Director of | 23 |
| Public Health that
continuation of practice of a person | 24 |
| licensed under
this Act constitutes an immediate danger to the | 25 |
| public, the Secretary may
immediately suspend
the license of | 26 |
| such person without a hearing. In instances in which the |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
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| 1 |
| Secretary immediately suspends a license under this Section, a | 2 |
| hearing upon
such person's license must be convened by the | 3 |
| Board within 15 days after
such suspension and completed | 4 |
| without appreciable delay, such hearing held
to determine | 5 |
| whether to recommend to the Secretary that the person's license
| 6 |
| be revoked, suspended, placed on probationary status or | 7 |
| reinstated, or such
person be subject to other disciplinary | 8 |
| action. In such hearing, the
written communication and any | 9 |
| other evidence submitted therewith may be
introduced as | 10 |
| evidence against such person; provided, however, the person
or | 11 |
| his counsel shall have the opportunity to discredit or impeach | 12 |
| such
evidence and submit evidence rebutting the same.
| 13 |
| Except for fraud in procuring a license, all
proceedings to | 14 |
| suspend, revoke, place on probationary status, or take
any
| 15 |
| other disciplinary action as the Department may deem proper, | 16 |
| with regard to a
license on any of the foregoing grounds, must | 17 |
| be commenced within 5 years after
receipt by the Department of | 18 |
| a complaint alleging the commission of or notice
of the | 19 |
| conviction order for any of the acts described in this Section. | 20 |
| Except
for the grounds set forth in items (8), (9), (26), and | 21 |
| (29) of this Section, no action shall be commenced more than 10 | 22 |
| years after
the date of the incident or act alleged to have
| 23 |
| been a
violation of this Section.
In the event of the | 24 |
| settlement of any claim or cause of action in favor of
the | 25 |
| claimant or the reduction to final judgment of any civil action | 26 |
| in favor of
the plaintiff, such claim, cause of action, or |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| civil action being grounded on
the allegation that a person | 2 |
| licensed under this Act was negligent in providing
care, the | 3 |
| Department shall have an additional period of 2 years from the | 4 |
| date
of notification to the Department under Section 26 of this | 5 |
| Act of such
settlement or final judgment in which to | 6 |
| investigate and commence formal
disciplinary proceedings under | 7 |
| Section 24 of this Act, except as otherwise
provided by law.
| 8 |
| The
time during which the holder of the license was outside the | 9 |
| State of Illinois
shall not be included within any period of | 10 |
| time limiting the commencement of
disciplinary action by the | 11 |
| Department.
| 12 |
| In enforcing this Section, the Department or Board upon a | 13 |
| showing of a
possible
violation may compel an individual | 14 |
| licensed to practice under this Act, or
who has applied for | 15 |
| licensure under this Act, to submit
to a mental or physical | 16 |
| examination, or both, as required by and at the expense
of the | 17 |
| Department. The Department or Board may order the examining | 18 |
| physician to
present
testimony concerning the mental or | 19 |
| physical examination of the licensee or
applicant. No | 20 |
| information shall be excluded by reason of any common law or
| 21 |
| statutory privilege relating to communications between the | 22 |
| licensee or
applicant and the examining physician. The | 23 |
| examining
physicians
shall be specifically designated by the | 24 |
| Board or Department.
The individual to be examined may have, at | 25 |
| his or her own expense, another
physician of his or her choice | 26 |
| present during all
aspects of this examination. Failure of an |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| individual to submit to a mental
or
physical examination, when | 2 |
| directed, shall be grounds for suspension of his or
her
license | 3 |
| until the individual submits to the examination if the | 4 |
| Department
finds,
after notice and hearing, that the refusal to | 5 |
| submit to the examination was
without reasonable cause.
| 6 |
| If the Department or Board finds an individual unable to | 7 |
| practice because of
the
reasons
set forth in this Section, the | 8 |
| Department or Board may require that individual
to submit
to
| 9 |
| care, counseling, or treatment by physicians approved
or | 10 |
| designated by the Department or Board, as a condition, term, or | 11 |
| restriction
for continued,
reinstated, or
renewed licensure to | 12 |
| practice; or, in lieu of care, counseling, or treatment,
the | 13 |
| Department may file, or
the Board may recommend to the | 14 |
| Department to file, a complaint to immediately
suspend, revoke, | 15 |
| or otherwise discipline the license of the individual.
An | 16 |
| individual whose
license was granted, continued, reinstated, | 17 |
| renewed, disciplined or supervised
subject to such terms, | 18 |
| conditions, or restrictions, and who fails to comply
with
such | 19 |
| terms, conditions, or restrictions, shall be referred to the | 20 |
| Secretary for
a
determination as to whether the individual | 21 |
| shall have his or her license
suspended immediately, pending a | 22 |
| hearing by the Department.
| 23 |
| In instances in which the Secretary immediately suspends a | 24 |
| person's license
under this Section, a hearing on that person's | 25 |
| license must be convened by
the Department within 30 days after | 26 |
| the suspension and completed without
appreciable
delay.
The |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| Department and Board shall have the authority to review the | 2 |
| subject
individual'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 and affected under | 7 |
| this Section shall
be
afforded an opportunity to demonstrate to | 8 |
| the Department or Board that he or
she can resume
practice in | 9 |
| compliance with acceptable and prevailing standards under the
| 10 |
| provisions of his or her license.
| 11 |
| (Source: P.A. 95-235, eff. 8-17-07; 95-331, eff. 8-21-07.)
| 12 |
| Section 120. The Veterinary Medicine and Surgery Practice | 13 |
| Act of 2004 is amended by changing Section 25 as follows:
| 14 |
| (225 ILCS 115/25) (from Ch. 111, par. 7025)
| 15 |
| (Section scheduled to be repealed on January 1, 2014)
| 16 |
| Sec. 25. Disciplinary actions.
| 17 |
| 1. The Department may refuse to issue or renew, or may | 18 |
| revoke,
suspend, place on probation, reprimand, or take other | 19 |
| disciplinary
action as the Department may deem appropriate, | 20 |
| including fines not to
exceed $1,000 for each violation, with | 21 |
| regard to any
license or certificate for any one or combination | 22 |
| of the following:
| 23 |
| A. Material misstatement in furnishing information to | 24 |
| the
Department.
|
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| B. Violations of this Act, or of the rules promulgated | 2 |
| under this Act.
| 3 |
| C. Conviction of any crime under the laws of the United | 4 |
| States or any
state or territory of the United States that | 5 |
| is a felony or that is a
misdemeanor, an essential element | 6 |
| of which is dishonesty, or of any crime that
is directly | 7 |
| related to the practice of the profession.
| 8 |
| D. Making any misrepresentation for the purpose of | 9 |
| obtaining licensure or
certification, or violating any | 10 |
| provision of this Act or the rules promulgated
under this | 11 |
| Act pertaining to advertising.
| 12 |
| E. Professional incompetence.
| 13 |
| F. Gross malpractice.
| 14 |
| G. Aiding or assisting another person in violating any | 15 |
| provision of this
Act or rules.
| 16 |
| H. Failing, within 60 days, to provide information in | 17 |
| response to a
written request made by the Department.
| 18 |
| I. Engaging in dishonorable, unethical, or | 19 |
| unprofessional conduct of a
character likely to deceive, | 20 |
| defraud or harm the public.
| 21 |
| J. Habitual or excessive use or addiction to alcohol, | 22 |
| narcotics,
stimulants, or any other chemical agent or drug | 23 |
| that results in the inability
to practice with reasonable | 24 |
| judgment, skill, or safety.
| 25 |
| K. Discipline by another state, District of Columbia, | 26 |
| territory, or
foreign nation, if at least one of the |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| grounds for the discipline is the same
or substantially | 2 |
| equivalent to those set forth herein.
| 3 |
| L. Directly or indirectly giving to or receiving from | 4 |
| any person, firm,
corporation, partnership or association | 5 |
| any fee, commission, rebate or other
form of compensation | 6 |
| for professional services not actually or personally
| 7 |
| rendered.
| 8 |
| M. A finding by the Board that the licensee or | 9 |
| certificate holder,
after having his license or | 10 |
| certificate placed on probationary status, has
violated | 11 |
| the terms of probation.
| 12 |
| N. Willfully making or filing false records or reports | 13 |
| in his practice,
including but not limited to false records | 14 |
| filed with State agencies or
departments.
| 15 |
| O. Physical illness, including but not limited to, | 16 |
| deterioration through
the aging process, or loss of motor | 17 |
| skill which results in the inability
to practice the | 18 |
| profession with reasonable judgement, skill or safety.
| 19 |
| P. Solicitation of professional services other than | 20 |
| permitted
advertising.
| 21 |
| Q. Having professional connection with or lending | 22 |
| one's name, directly
or indirectly, to any illegal | 23 |
| practitioner of veterinary medicine and surgery
and the | 24 |
| various branches thereof.
| 25 |
| R. Conviction of or cash compromise of a charge or | 26 |
| violation of the
Harrison Act or the Illinois Controlled |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| Substances Act, regulating narcotics.
| 2 |
| S. Fraud or dishonesty in applying, treating, or | 3 |
| reporting on
tuberculin or other biological tests.
| 4 |
| T. Failing to report, as required by law, or making | 5 |
| false report of any
contagious or infectious diseases.
| 6 |
| U. Fraudulent use or misuse of any health certificate, | 7 |
| shipping
certificate, brand inspection certificate, or | 8 |
| other blank forms used in
practice that might lead to the | 9 |
| dissemination of disease or the transportation
of diseased | 10 |
| animals dead or alive; or dilatory methods, willful | 11 |
| neglect, or
misrepresentation in the inspection of milk, | 12 |
| meat, poultry, and the by-products
thereof.
| 13 |
| V. Conviction on a charge of cruelty to animals.
| 14 |
| W. Failure to keep one's premises and all equipment | 15 |
| therein in a clean
and sanitary condition.
| 16 |
| X. Failure to provide satisfactory proof of having | 17 |
| participated in
approved continuing education programs.
| 18 |
| Y. Failure to (i) file a return, (ii) pay the tax, | 19 |
| penalty, or interest
shown in a filed return, or (iii) pay | 20 |
| any final assessment of tax, penalty, or
interest, as | 21 |
| required by any tax Act administered by the Illinois | 22 |
| Department of
Revenue, until the requirements of that tax | 23 |
| Act are satisfied.
| 24 |
| Z. Conviction by any court of competent jurisdiction, | 25 |
| either within or
outside this State, of any violation of | 26 |
| any law governing the practice of
veterinary medicine, if |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| the Department determines, after investigation, that
the | 2 |
| person has not been sufficiently rehabilitated to warrant | 3 |
| the public trust.
| 4 |
| AA. Promotion of the sale of drugs, devices, | 5 |
| appliances, or goods provided
for a patient in any manner | 6 |
| to exploit the client for financial gain of the
| 7 |
| veterinarian.
| 8 |
| BB. Gross, willful, or continued overcharging for | 9 |
| professional services,
including filing false statements | 10 |
| for collection of fees for which services are
not rendered.
| 11 |
| CC. Practicing under a false or, except as provided by | 12 |
| law, an assumed
name.
| 13 |
| DD. Fraud or misrepresentation in applying for, or | 14 |
| procuring, a license
under this Act or in connection with | 15 |
| applying for renewal of a license under
this Act.
| 16 |
| EE. Cheating on or attempting to subvert the licensing | 17 |
| examination
administered under this Act.
| 18 |
| FF. Using, prescribing, or selling a prescription drug | 19 |
| or the
extra-label use of a prescription drug by any means | 20 |
| in the absence of a valid
veterinarian-client-patient | 21 |
| relationship.
| 22 |
| GG. Failing to report a case of suspected aggravated | 23 |
| cruelty, torture,
or
animal fighting pursuant to Section | 24 |
| 3.07 or 4.01 of the Humane Care for
Animals Act or Section | 25 |
| 26-5 of the Criminal Code of 1961.
| 26 |
| HH. Violating any provision of the Internet |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| Prescribing Prohibition Act. | 2 |
| 2. The determination by a circuit court that a licensee or | 3 |
| certificate
holder is subject to involuntary admission or | 4 |
| judicial admission as provided in
the Mental Health and | 5 |
| Developmental Disabilities Code operates as an automatic
| 6 |
| suspension. The suspension will end only upon a finding by a | 7 |
| court that the
patient is no longer subject to involuntary | 8 |
| admission or judicial admission and
issues an order so finding | 9 |
| and discharging the patient; and upon the
recommendation of the | 10 |
| Board to the Director that the licensee or certificate
holder | 11 |
| be allowed to resume his practice.
| 12 |
| 3. All proceedings to suspend, revoke, place on | 13 |
| probationary status, or
take any other disciplinary action as | 14 |
| the Department may deem proper, with
regard to a license or | 15 |
| certificate on any of the foregoing grounds, must be
commenced | 16 |
| within 3 years after receipt by the Department of a complaint
| 17 |
| alleging the commission of or notice of the conviction order | 18 |
| for any of the
acts described in this Section. Except for | 19 |
| proceedings brought for violations
of items (CC), (DD), or | 20 |
| (EE), no action shall be commenced more than 5 years
after the | 21 |
| date of the incident or act alleged to have violated this | 22 |
| Section.
In the event of the settlement of any claim or cause | 23 |
| of action in favor of the
claimant or the reduction to final | 24 |
| judgment of any civil action in favor of the
plaintiff, the | 25 |
| claim, cause of action, or civil action being grounded on the
| 26 |
| allegation that a person licensed or certified under this Act |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| was negligent in
providing care, the Department shall have an | 2 |
| additional period of one year from
the date of the settlement | 3 |
| or final judgment in which to investigate and begin
formal | 4 |
| disciplinary proceedings under Section 25.2 of this Act, except | 5 |
| as
otherwise provided by law. The time during which the holder | 6 |
| of the license or
certificate was outside the State of Illinois | 7 |
| shall not be included within any
period of time limiting the | 8 |
| commencement of disciplinary action by the
Department.
| 9 |
| 4. The Department may refuse to issue or take disciplinary | 10 |
| action
concerning
the license of any person who fails to file a | 11 |
| return, to pay the tax, penalty,
or interest
shown in a filed | 12 |
| return, or to pay any final assessment of tax, penalty, or
| 13 |
| interest as
required by any tax Act administered by the | 14 |
| Department of Revenue, until such
time as
the requirements of | 15 |
| any such tax Act are satisfied as determined by the
Department | 16 |
| of
Revenue.
| 17 |
| 5. In enforcing this Section, the Board, upon a showing of | 18 |
| a possible
violation, may compel a licensee or applicant to | 19 |
| submit to a mental or physical
examination, or both, as | 20 |
| required by and at the expense of the Department. The
examining | 21 |
| physicians or clinical psychologists shall be those | 22 |
| specifically
designated by the Board. The Board or the | 23 |
| Department may order (i) the
examining physician to present | 24 |
| testimony concerning the mental or physical
examination of a | 25 |
| licensee or applicant or (ii) the examining clinical
| 26 |
| psychologist to present testimony concerning the mental |
|
|
|
HB4391 Engrossed |
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LRB095 16910 KBJ 42954 b |
|
| 1 |
| examination of a
licensee or applicant. No information shall be | 2 |
| excluded by reason of any common
law or statutory privilege | 3 |
| relating to communications between a licensee or
applicant and | 4 |
| the examining physician or clinical psychologist. An | 5 |
| individual
to be examined may have, at his or her own expense, | 6 |
| another physician or
clinical psychologist of his or her choice | 7 |
| present during all aspects of the
examination. Failure of an | 8 |
| individual to submit to a mental or physical
examination, when | 9 |
| directed, is grounds for suspension of his or her license.
The | 10 |
| license must remain suspended until the person submits to the | 11 |
| examination
or the Board finds, after notice and hearing, that | 12 |
| the refusal to submit to the
examination was with reasonable | 13 |
| cause.
| 14 |
| If the Board finds an individual unable to practice because | 15 |
| of the reasons
set forth in this Section, the Board must | 16 |
| require the individual to submit to
care, counseling, or | 17 |
| treatment by a physician or clinical psychologist approved
by | 18 |
| the Board, as a condition, term, or restriction for continued, | 19 |
| reinstated,
or renewed licensure to practice. In lieu of care, | 20 |
| counseling, or treatment,
the Board may recommend that the | 21 |
| Department file a complaint to immediately
suspend or revoke | 22 |
| the license of the individual or otherwise discipline the
| 23 |
| licensee.
| 24 |
| Any individual whose license was granted, continued, | 25 |
| reinstated, or renewed
subject to conditions, terms, or | 26 |
| restrictions, as provided for in this Section,
or any |
|
|
|
HB4391 Engrossed |
- 61 - |
LRB095 16910 KBJ 42954 b |
|
| 1 |
| individual who was disciplined or placed on supervision | 2 |
| pursuant to this
Section must be referred to the Director for a | 3 |
| determination as to whether the
person shall have his or her | 4 |
| license suspended immediately, pending a hearing
by the Board.
| 5 |
| (Source: P.A. 93-281, eff. 12-31-03.)
|
|