[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3362
New Act
225 ILCS 60/22 from Ch. 111, par. 4400-22
Creates the Woman's Right to Know Act. Requires informed
consent of a woman before an abortion may be performed on
her. Requires that at least 24 hours before an impending
abortion, the physician or a qualified person must give the
woman specific oral and printed information concerning
abortion. Requires the Department of Public Health to
develop and make available printed and video materials.
Requires a facility other than a hospital that offers
abortion services to have a physician with full admitting
privileges at a nearby hospital for follow-up care for the
facility's patients who receive abortion services. Provides
for emergencies. Violation of the Act is a Class A
misdemeanor and is grounds under the Medical Practice Act of
1987 for disciplinary action against a physician. Provides
for civil penalties. Effective 90 days after becoming law.
LRB9009098OBpkA
LRB9009098OBpkA
1 AN ACT creating the Woman's Right to Know Act, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Title. This Act may be cited as the Woman's
6 Right to Know Act.
7 Section 5. Legislative findings and purposes.
8 (a) The General Assembly of the State of Illinois finds
9 that:
10 (1) It is essential to the psychological and
11 physical well-being of a woman considering an abortion
12 that she receive complete and accurate information on her
13 alternatives.
14 (2) The knowledgeable exercise of a woman's
15 decision to have an abortion depends on the extent to
16 which the woman receives sufficient information to make
17 an informed choice between 2 alternatives: giving birth
18 or having an abortion.
19 (3) Many abortions are performed in clinics devoted
20 solely to providing abortions and family planning
21 services. Most women who seek abortions at these
22 facilities do not have any relationship with the
23 physician who performs the abortion, before or after the
24 procedure. They do not return to the facility for
25 post-surgical care. In most instances, the woman's only
26 actual contact with the physician occurs simultaneously
27 with the abortion procedure, with little opportunity to
28 receive counseling concerning her decision.
29 (4) The decision to abort "is an important, and
30 often a stressful one, and it is desirable and imperative
31 that it be made with full knowledge of its nature and
-2- LRB9009098OBpkA
1 consequences." Planned Parenthood v. Danforth, 428 U.S.
2 52, 67 (1976).
3 (5) "The medical, emotional, and psychological
4 consequences of an abortion are serious and can be
5 lasting. . . ." H.L. v. Matheson, 450 U.S. 398, 411
6 (1981).
7 (6) Some women seek abortions in great haste and
8 under emotional stress. Some submit to an unwanted
9 abortion against their conscience because of pressure
10 from other people. Women who choose abortion in
11 violation of their consciences are significantly more
12 prone to suffer severe psychological distress following
13 an abortion.
14 (b) Based on the findings in subsection (a) of this
15 Section, it is the purpose of this Act to:
16 (1) Ensure that every woman considering an abortion
17 receive complete information on her alternatives and that
18 every woman submitting to an abortion do so only after
19 giving her voluntary and informed consent to the abortion
20 procedure.
21 (2) Protect unborn children from a woman's
22 uninformed decision to have an abortion.
23 (3) Reduce the risk that a woman may elect an
24 abortion, only to discover later, with devastating
25 psychological consequences, that her decision was not
26 fully informed. Planned Parenthood v. Casey, 112 S.Ct.
27 2791, 2823 (1992).
28 Section 10. Definitions. As used in this Act:
29 (a) "Abortion" means the use or prescription of any
30 instrument, medicine, drug, or any other substance or device
31 with the intent to terminate the pregnancy of a woman known
32 to be pregnant. Such use or prescription is not an abortion
33 if done with the intent to (1) save the life or preserve the
-3- LRB9009098OBpkA
1 health of an unborn child, (2) remove a dead unborn child, or
2 (3) deliver an unborn child prematurely in order to preserve
3 the health of both the pregnant woman and her unborn child.
4 (b) "Coercion" means any form of compulsion or
5 constraint that compels or induces a person to act otherwise
6 than freely, including, but not limited to (1) inflicting or
7 threatening to inflict physical harm on the person; or (2)
8 subjecting the person to physical confinement or restraint;
9 or (3) withholding or withdrawing or threatening to withhold
10 or withdraw financial support from the person dependent on
11 that support; or (4) threatening to expose the person's
12 situation to others as it relates to a pregnancy of that
13 person.
14 (c) "Complication" means that condition that includes
15 but is not limited to hemorrhage, infection, uterine
16 perforation, cervical laceration, pelvic inflammatory
17 disease, endometritis, and retained products. The Department
18 may further define "complication."
19 (d) "Conception" means the fusion of a human
20 spermatozoon with a human ovum.
21 (e) "Department" means the Department of Public Health
22 of the State of Illinois.
23 (f) "Facility" or "medical facility" means any public or
24 private hospital, clinic, center, medical school, medical
25 training institution, health care facility, physician's
26 office, infirmary, dispensary, ambulatory surgical treatment
27 center or other institution or location wherein medical care
28 is provided to any person.
29 (g) "First trimester" means the first 12 weeks of
30 gestation.
31 (h) "Gestational age" means the time that has elapsed
32 since the first day of the woman's last menstrual period.
33 (i) "Hospital" means an institution licensed under laws
34 of this State.
-4- LRB9009098OBpkA
1 (j) "Medical emergency" means that condition which, on
2 the basis of the physician's good faith clinical judgment, so
3 complicates the medical condition of a pregnant woman as to
4 necessitate the immediate abortion of her pregnancy to avert
5 her death or for which a delay will create serious risk of
6 substantial and irreversible impairment of a major bodily
7 function.
8 (k) "Physician" means any person licensed to practice
9 medicine in all its branches under the Medical Practice Act
10 of 1987.
11 (l) "Pregnant" or "pregnancy" means that female
12 reproductive condition of having an unborn child in the
13 woman's body.
14 (m) "Qualified person" means an agent of the physician
15 who is a psychologist, licensed social worker, licensed
16 professional counselor, registered nurse, or physician.
17 (n) "Unborn child" means the offspring of human beings
18 from conception until birth.
19 (o) "Viability" means the state of fetal development
20 when, in the judgment of the physician based on the
21 particular facts of the case before him or her and in light
22 of the most advanced medical technology and information
23 available to him or her, there is a reasonable likelihood of
24 sustained survival of the unborn child outside the body of
25 his or her mother, with or without artificial support.
26 (p) "Woman" means any female person.
27 Section 15. Informed consent requirement. No abortion
28 shall be performed or induced without the voluntary and
29 informed consent of the woman upon whom the abortion is to be
30 performed or induced. Except in the case of a medical
31 emergency, consent to an abortion is voluntary and informed
32 if and only if:
33 (a) At least 24 hours before the abortion, the physician
-5- LRB9009098OBpkA
1 who is to perform the abortion or the referring physician has
2 informed the woman, orally and in person, of:
3 (1) The name of the physician who will perform the
4 abortion.
5 (2) A description of the proposed abortion method
6 and of those risks when medically accurate including, but
7 not limited to, the risks of infection, hemorrhage,
8 danger to subsequent pregnancies, breast cancer, the
9 possible adverse psychological effects associated with an
10 abortion, and alternatives to the abortion that a
11 reasonable patient would consider material to the
12 decision of whether or not to undergo the abortion.
13 (3) The probable gestational age of the unborn
14 child at the time the abortion is to be performed, and,
15 if the unborn child is viable or has reached the
16 gestational age of 24 weeks, that (i) the unborn child
17 may be able to survive outside the womb; (ii) the woman
18 has the right to request the physician to use the method
19 of abortion that is most likely to preserve the life of
20 the unborn child; and (iii) if the unborn child is born
21 alive, the attending physician has the legal obligation
22 to take all reasonable steps necessary to maintain the
23 life and health of the child.
24 (4) The probable anatomical and physiological
25 characteristics of the unborn child at the time the
26 abortion is to be performed.
27 (5) The medical risks associated with carrying her
28 child to term.
29 (6) Any need for anti-Rh immune globulin therapy if
30 she is Rh negative, the likely consequences of refusing
31 such therapy, and the cost of the therapy.
32 (7) Results of the pregnancy test or examinations
33 or both.
34 (b) At least 24 hours before the abortion, the physician
-6- LRB9009098OBpkA
1 who is to perform the abortion, the referring physician, or a
2 qualified person has informed the woman, orally and in
3 person, that:
4 (1) Medical assistance benefits may be available
5 for prenatal care, childbirth, and neonatal care, and
6 that more detailed information on the availability of
7 such assistance is contained in the printed materials and
8 informational video given to her and described in Section
9 20.
10 (2) The printed materials and informational video
11 in Section 20 describe the unborn child and list agencies
12 that offer alternatives to abortion.
13 (3) The father of the unborn child is liable to
14 assist in the support of this child, even in instances
15 where he has offered to pay for the abortion. In the case
16 of rape or incest, this information may be omitted.
17 (4) She is free to withhold or withdraw her consent
18 to the abortion at any time before or during the abortion
19 without affecting her right to future care or treatment
20 and without the loss of any State or federally funded
21 benefits to which she might otherwise be entitled.
22 (c) The information in paragraphs (a) and (b) is
23 provided to the woman individually (or with a parent if an
24 unemancipated minor requests or with a guardian) and in a
25 private room to protect her privacy and maintain the
26 confidentiality of her decision, to ensure that the
27 information focuses on her individual circumstances and that
28 she has an adequate opportunity to ask questions.
29 (d) At least 24 hours before the abortion, the woman is
30 given a copy of the printed materials and if she chooses a
31 viewing of the informational video described in Section 20.
32 If the woman is unable to read the materials, they shall be
33 read to her. If the woman asks questions concerning any of
34 the information or materials, answers shall be provided to
-7- LRB9009098OBpkA
1 her in her own language.
2 (e) The woman certifies in writing on a checklist form
3 provided by the Department prior to the abortion that the
4 information required to be provided under paragraphs (a),
5 (b), and (d) has been provided. All physicians who perform
6 abortions shall report the total number of certifications
7 received monthly to the Department. The Department shall make
8 the number of certifications received available to the public
9 on an annual basis.
10 (f) Prior to the performance of the abortion, the
11 physician who is to perform the abortion or a qualified
12 person receives a copy of the written certification
13 prescribed by paragraph (e) of this Section.
14 (g) The woman is not required to pay any amount for the
15 abortion procedure until the 24-hour reflection period has
16 expired.
17 Section 20. Publication of materials.
18 The Department shall cause to be published printed
19 materials and an informational video in English and Spanish,
20 within 90 days after this Act becomes law. The Department
21 shall update on an annual basis, the following easily
22 comprehensible printed materials and informational video:
23 (1) Geographically indexed materials that inform
24 the woman of public and private agencies and services
25 available to assist a woman through pregnancy, upon
26 childbirth and while her child is dependent, including
27 but not limited to adoption agencies. The materials shall
28 include a comprehensive list of the agencies, a
29 description of the services they offer, and the telephone
30 numbers and addresses of the agencies, and shall inform
31 the woman about available medical assistance benefits for
32 prenatal care, childbirth, and neonatal care.
33 The Department shall ensure that the materials
-8- LRB9009098OBpkA
1 described in this Section are comprehensive and do not
2 directly or indirectly promote, exclude, or discourage
3 the use of any agency or service described in this
4 Section. The materials shall also contain a toll-free 24
5 hour a day telephone number that may be called to obtain
6 orally such a list and description of agencies in the
7 locality of the caller and of the services they offer.
8 The materials shall state that any physician who
9 performs an abortion upon a woman without her informed
10 consent may be liable to her for damages in a civil
11 action and that the law permits adoptive parents to pay
12 costs of prenatal care, childbirth, and neonatal care.
13 The materials shall include the following statement:
14 "There are many public and private agencies willing
15 and able to help you to carry your child to term, and to
16 assist you and your child after your child is born,
17 whether you choose to keep your child or to place her or
18 him for adoption. The State of Illinois strongly urges
19 you to contact one or more of these agencies before
20 making a final decision about abortion. The law requires
21 that your physician or his agent give you the opportunity
22 to call agencies like these before you undergo an
23 abortion."
24 (2) Materials that include information on the
25 support obligations of the father of a child who is born
26 alive, including but not limited to the father's legal
27 duty to support his child, which may include child
28 support payments and health insurance, and the fact that
29 paternity may be established by the father's signature on
30 a birth certificate or statement of paternity, or by
31 court action. And that more information concerning
32 paternity establishment and child support services and
33 enforcement may be obtained by calling State or county
34 public assistance agencies.
-9- LRB9009098OBpkA
1 (3) Materials that inform the pregnant woman of the
2 probable anatomical and physiological characteristics of
3 the unborn child at 2-week gestational increments from
4 fertilization to full term, including pictures
5 representing the development of an unborn child at 2-week
6 gestational increments. The descriptions shall include
7 information about brain and heart function, the presence
8 of external members and internal organs during the
9 applicable stages of development and any relevant
10 information on the possibility of the unborn child's
11 survival. Any such pictures must contain the dimensions
12 of the unborn child and must be realistic. The materials
13 shall be objective, nonjudgmental, and designed to convey
14 only accurate scientific information about the unborn
15 child at the various gestational ages.
16 (4) Materials that contain objective information
17 describing the methods of abortion procedures commonly
18 employed, the medical risks commonly associated with each
19 procedure when medically accurate including, but not
20 limited to, the risks of infection, hemorrhage, danger to
21 subsequent pregnancies, breast cancer, the possible
22 adverse psychological effects associated with an
23 abortion, and the medical risks associated with carrying
24 a child to term.
25 (5) A checklist certification form to be used by
26 the physician or a qualified person under paragraph (e)
27 of Section 15 of this Act, which shall list all the items
28 of information that are to be given to the woman by a
29 physician or the agent under this Act.
30 (6) The materials shall be printed in a typeface
31 large enough to be clearly legible.
32 (7) The Department shall produce a standardized
33 videotape that may be used statewide, containing all of
34 the information described in paragraphs (1), (2), (3),
-10- LRB9009098OBpkA
1 and (4), in accordance with the requirements of those
2 paragraphs. In preparing the video, the Department may
3 summarize and make reference to the printed comprehensive
4 list of geographically indexed names and services
5 described in paragraph (1). The videotape shall, in
6 addition to the information described in paragraphs (1),
7 (2), (3), and (4), show an ultrasound of the heartbeat of
8 an unborn child at 4 to 5 weeks gestational age, at 6 to
9 8 weeks gestational age, and each month thereafter, until
10 viability. That information shall be presented in an
11 objective, unbiased manner designed to convey only
12 accurate scientific information.
13 (8) The materials required under this Section and
14 the videotape described in paragraph (7) shall be
15 available at no cost from the Department upon request and
16 in appropriate number to any person, facility, or
17 hospital.
18 Section 25. Emergencies. Where a medical emergency
19 compels the performance of an abortion, the physician shall
20 inform the woman, before the abortion if possible, of the
21 medical indications supporting his or her judgment that an
22 abortion is necessary to avert her death or to avert
23 substantial and irreversible impairment of a major bodily
24 function.
25 Section 27. Follow-up care. Whenever abortion services
26 are offered in a facility other than a licensed hospital, at
27 least one of the physician's associated with that facility
28 must have full admitting privileges at a licensed hospital
29 within approximately 15 minutes travel time from that
30 facility and that physician has the responsibility for all
31 facility patients who receive abortion services who require
32 follow-up care.
-11- LRB9009098OBpkA
1 Section 30. Coercion. A physician may not perform an
2 abortion on a woman whom he or she knows or should have known
3 signed the consent form under coercion.
4 Section 35. Criminal penalties. Any person who
5 intentionally, knowingly, or recklessly violates this Act is
6 guilty of a Class A misdemeanor.
7 Section 40. Civil penalties. In addition to whatever
8 remedies are available under the common or statutory law of
9 this State, failure to comply with the requirements of this
10 Act shall:
11 (a) Provide a basis for a civil malpractice action. Any
12 intentional violation of this Act shall be admissible in a
13 civil suit as prima facie evidence of a failure to obtain an
14 informed consent. When requested, the court shall allow a
15 woman to proceed using solely her initials or a pseudonym and
16 may close any proceedings in the case and enter other
17 protective orders to preserve the privacy of the woman upon
18 whom the abortion was performed.
19 (b) Provide a basis for professional disciplinary action
20 under the Medical Practice Act of 1987.
21 (c) Provide a basis for recovery for the woman for the
22 death of her unborn child under the Wrongful Death Act.
23 Section 45. Construction.
24 (a) Nothing in this Act shall be construed as creating
25 or recognizing a right to an abortion.
26 (b) It is not the intention of this law to make lawful
27 an abortion that is currently unlawful.
28 Section 50. Severability. The provisions of the Act are
29 declared to be severable, and if any provision, word, phrase,
30 or clause of the Act or the application thereof to any person
-12- LRB9009098OBpkA
1 shall be held invalid, such invalidity shall not affect the
2 validity of the remaining portions of this Act.
3 Section 120. The Medical Practice Act of 1987 is amended
4 by changing Section 22 as follows:
5 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
6 Sec. 22. Disciplinary action.
7 (A) The Department may revoke, suspend, place on
8 probationary status, or take any other disciplinary action as
9 the Department may deem proper with regard to the license or
10 visiting professor permit of any person issued under this Act
11 to practice medicine, or to treat human ailments without the
12 use of drugs and without operative surgery upon any of the
13 following grounds:
14 (1) Performance of an elective abortion in any
15 place, locale, facility, or institution other than:
16 (a) a facility licensed pursuant to the
17 Ambulatory Surgical Treatment Center Act;
18 (b) an institution licensed under the Hospital
19 Licensing Act; or
20 (c) an ambulatory surgical treatment center or
21 hospitalization or care facility maintained by the
22 State or any agency thereof, where such department
23 or agency has authority under law to establish and
24 enforce standards for the ambulatory surgical
25 treatment centers, hospitalization, or care
26 facilities under its management and control; or
27 (d) ambulatory surgical treatment centers,
28 hospitalization or care facilities maintained by the
29 Federal Government; or
30 (e) ambulatory surgical treatment centers,
31 hospitalization or care facilities maintained by any
32 university or college established under the laws of
-13- LRB9009098OBpkA
1 this State and supported principally by public funds
2 raised by taxation.
3 (2) Performance of an abortion procedure in a
4 wilful and wanton manner on a woman who was not pregnant
5 at the time the abortion procedure was performed.
6 (3) The conviction of a felony in this or any other
7 jurisdiction, except as otherwise provided in subsection
8 B of this Section, whether or not related to practice
9 under this Act, or the entry of a guilty or nolo
10 contendere plea to a felony charge.
11 (4) Gross negligence in practice under this Act.
12 (5) Engaging in dishonorable, unethical or
13 unprofessional conduct of a character likely to deceive,
14 defraud or harm the public.
15 (6) Obtaining any fee by fraud, deceit, or
16 misrepresentation.
17 (7) Habitual or excessive use or abuse of drugs
18 defined in law as controlled substances, of alcohol, or
19 of any other substances which results in the inability to
20 practice with reasonable judgment, skill or safety.
21 (8) Practicing under a false or, except as provided
22 by law, an assumed name.
23 (9) Fraud or misrepresentation in applying for, or
24 procuring, a license under this Act or in connection with
25 applying for renewal of a license under this Act.
26 (10) Making a false or misleading statement
27 regarding their skill or the efficacy or value of the
28 medicine, treatment, or remedy prescribed by them at
29 their direction in the treatment of any disease or other
30 condition of the body or mind.
31 (11) Allowing another person or organization to use
32 their license, procured under this Act, to practice.
33 (12) Disciplinary action of another state or
34 jurisdiction against a license or other authorization to
-14- LRB9009098OBpkA
1 practice as a medical doctor, doctor of osteopathy,
2 doctor of osteopathic medicine or doctor of chiropractic,
3 a certified copy of the record of the action taken by the
4 other state or jurisdiction being prima facie evidence
5 thereof.
6 (13) Violation of any provision of this Act or of
7 the Medical Practice Act prior to the repeal of that Act,
8 or violation of the rules, or a final administrative
9 action of the Director, after consideration of the
10 recommendation of the Disciplinary Board.
11 (14) Dividing with anyone other than physicians
12 with whom the licensee practices in a partnership,
13 Professional Association, limited liability company, or
14 Medical or Professional Corporation any fee, commission,
15 rebate or other form of compensation for any professional
16 services not actually and personally rendered. Nothing
17 contained in this subsection prohibits persons holding
18 valid and current licenses under this Act from practicing
19 medicine in partnership under a partnership agreement,
20 including a limited liability partnership, in a limited
21 liability company under the Limited Liability Company
22 Act, in a corporation authorized by the Medical
23 Corporation Act, as an association authorized by the
24 Professional Association Act, or in a corporation under
25 the Professional Corporation Act or from pooling,
26 sharing, dividing or apportioning the fees and monies
27 received by them or by the partnership, corporation or
28 association in accordance with the partnership agreement
29 or the policies of the Board of Directors of the
30 corporation or association. Nothing contained in this
31 subsection prohibits 2 or more corporations authorized by
32 the Medical Corporation Act, from forming a partnership
33 or joint venture of such corporations, and providing
34 medical, surgical and scientific research and knowledge
-15- LRB9009098OBpkA
1 by employees of these corporations if such employees are
2 licensed under this Act, or from pooling, sharing,
3 dividing, or apportioning the fees and monies received by
4 the partnership or joint venture in accordance with the
5 partnership or joint venture agreement. Nothing
6 contained in this subsection shall abrogate the right of
7 2 or more persons, holding valid and current licenses
8 under this Act, to each receive adequate compensation for
9 concurrently rendering professional services to a patient
10 and divide a fee; provided, the patient has full
11 knowledge of the division, and, provided, that the
12 division is made in proportion to the services performed
13 and responsibility assumed by each.
14 (15) A finding by the Medical Disciplinary Board
15 that the registrant after having his or her license
16 placed on probationary status or subjected to conditions
17 or restrictions violated the terms of the probation or
18 failed to comply with such terms or conditions.
19 (16) Abandonment of a patient.
20 (17) Prescribing, selling, administering,
21 distributing, giving or self-administering any drug
22 classified as a controlled substance (designated product)
23 or narcotic for other than medically accepted therapeutic
24 purposes.
25 (18) Promotion of the sale of drugs, devices,
26 appliances or goods provided for a patient in such manner
27 as to exploit the patient for financial gain of the
28 physician.
29 (19) Offering, undertaking or agreeing to cure or
30 treat disease by a secret method, procedure, treatment or
31 medicine, or the treating, operating or prescribing for
32 any human condition by a method, means or procedure which
33 the licensee refuses to divulge upon demand of the
34 Department.
-16- LRB9009098OBpkA
1 (20) Immoral conduct in the commission of any act
2 including, but not limited to, commission of an act of
3 sexual misconduct related to the licensee's practice.
4 (21) Wilfully making or filing false records or
5 reports in his or her practice as a physician, including,
6 but not limited to, false records to support claims
7 against the medical assistance program of the Department
8 of Public Aid under the Illinois Public Aid Code.
9 (22) Wilful omission to file or record, or wilfully
10 impeding the filing or recording, or inducing another
11 person to omit to file or record, medical reports as
12 required by law, or wilfully failing to report an
13 instance of suspected abuse or neglect as required by
14 law.
15 (23) Being named as a perpetrator in an indicated
16 report by the Department of Children and Family Services
17 under the Abused and Neglected Child Reporting Act, and
18 upon proof by clear and convincing evidence that the
19 licensee has caused a child to be an abused child or
20 neglected child as defined in the Abused and Neglected
21 Child Reporting Act.
22 (24) Solicitation of professional patronage by any
23 corporation, agents or persons, or profiting from those
24 representing themselves to be agents of the licensee.
25 (25) Gross and wilful and continued overcharging
26 for professional services, including filing false
27 statements for collection of fees for which services are
28 not rendered, including, but not limited to, filing such
29 false statements for collection of monies for services
30 not rendered from the medical assistance program of the
31 Department of Public Aid under the Illinois Public Aid
32 Code.
33 (26) A pattern of practice or other behavior which
34 demonstrates incapacity or incompetence to practice under
-17- LRB9009098OBpkA
1 this Act.
2 (27) Mental illness or disability which results in
3 the inability to practice under this Act with reasonable
4 judgment, skill or safety.
5 (28) Physical illness, including, but not limited
6 to, deterioration through the aging process, or loss of
7 motor skill which results in a physician's inability to
8 practice under this Act with reasonable judgment, skill
9 or safety.
10 (29) Cheating on or attempt to subvert the
11 licensing examinations administered under this Act.
12 (30) Wilfully or negligently violating the
13 confidentiality between physician and patient except as
14 required by law.
15 (31) The use of any false, fraudulent, or deceptive
16 statement in any document connected with practice under
17 this Act.
18 (32) Aiding and abetting an individual not licensed
19 under this Act in the practice of a profession licensed
20 under this Act.
21 (33) Violating state or federal laws or regulations
22 relating to controlled substances.
23 (34) Failure to report to the Department any
24 adverse final action taken against them by another
25 licensing jurisdiction (any other state or any territory
26 of the United States or any foreign state or country), by
27 any peer review body, by any health care institution, by
28 any professional society or association related to
29 practice under this Act, by any governmental agency, by
30 any law enforcement agency, or by any court for acts or
31 conduct similar to acts or conduct which would constitute
32 grounds for action as defined in this Section.
33 (35) Failure to report to the Department surrender
34 of a license or authorization to practice as a medical
-18- LRB9009098OBpkA
1 doctor, a doctor of osteopathy, a doctor of osteopathic
2 medicine, or doctor of chiropractic in another state or
3 jurisdiction, or surrender of membership on any medical
4 staff or in any medical or professional association or
5 society, while under disciplinary investigation by any of
6 those authorities or bodies, for acts or conduct similar
7 to acts or conduct which would constitute grounds for
8 action as defined in this Section.
9 (36) Failure to report to the Department any
10 adverse judgment, settlement, or award arising from a
11 liability claim related to acts or conduct similar to
12 acts or conduct which would constitute grounds for action
13 as defined in this Section.
14 (37) Failure to transfer copies of medical records
15 as required by law.
16 (38) Failure to furnish the Department, its
17 investigators or representatives, relevant information,
18 legally requested by the Department after consultation
19 with the Chief Medical Coordinator or the Deputy Medical
20 Coordinator.
21 (39) Violating the Health Care Worker Self-Referral
22 Act.
23 (40) Willful failure to provide notice when notice
24 is required under the Parental Notice of Abortion Act of
25 1995.
26 (41) Failure to establish and maintain records of
27 patient care and treatment as required by this law.
28 (42) Violating the Woman's Right to Now Act.
29 All proceedings to suspend, revoke, place on probationary
30 status, or take any other disciplinary action as the
31 Department may deem proper, with regard to a license on any
32 of the foregoing grounds, must be commenced within 3 years
33 next after receipt by the Department of a complaint alleging
34 the commission of or notice of the conviction order for any
-19- LRB9009098OBpkA
1 of the acts described herein. Except for the grounds
2 numbered (8), (9) and (29), no action shall be commenced more
3 than 5 years after the date of the incident or act alleged to
4 have violated this Section. In the event of the settlement
5 of any claim or cause of action in favor of the claimant or
6 the reduction to final judgment of any civil action in favor
7 of the plaintiff, such claim, cause of action or civil action
8 being grounded on the allegation that a person licensed under
9 this Act was negligent in providing care, the Department
10 shall have an additional period of one year from the date of
11 notification to the Department under Section 23 of this Act
12 of such settlement or final judgment in which to investigate
13 and commence formal disciplinary proceedings under Section 36
14 of this Act, except as otherwise provided by law. The time
15 during which the holder of the license was outside the State
16 of Illinois shall not be included within any period of time
17 limiting the commencement of disciplinary action by the
18 Department.
19 The entry of an order or judgment by any circuit court
20 establishing that any person holding a license under this Act
21 is a person in need of mental treatment operates as a
22 suspension of that license. That person may resume their
23 practice only upon the entry of a Departmental order based
24 upon a finding by the Medical Disciplinary Board that they
25 have been determined to be recovered from mental illness by
26 the court and upon the Disciplinary Board's recommendation
27 that they be permitted to resume their practice.
28 The Department may refuse to issue or take disciplinary
29 action concerning the license of any person who fails to file
30 a return, or to pay the tax, penalty or interest shown in a
31 filed return, or to pay any final assessment of tax, penalty
32 or interest, as required by any tax Act administered by the
33 Illinois Department of Revenue, until such time as the
34 requirements of any such tax Act are satisfied as determined
-20- LRB9009098OBpkA
1 by the Illinois Department of Revenue.
2 The Department, upon the recommendation of the
3 Disciplinary Board, shall adopt rules which set forth
4 standards to be used in determining:
5 (a) when a person will be deemed sufficiently
6 rehabilitated to warrant the public trust;
7 (b) what constitutes dishonorable, unethical or
8 unprofessional conduct of a character likely to deceive,
9 defraud, or harm the public;
10 (c) what constitutes immoral conduct in the
11 commission of any act, including, but not limited to,
12 commission of an act of sexual misconduct related to the
13 licensee's practice; and
14 (d) what constitutes gross negligence in the
15 practice of medicine.
16 However, no such rule shall be admissible into evidence
17 in any civil action except for review of a licensing or other
18 disciplinary action under this Act.
19 In enforcing this Section, the Medical Disciplinary
20 Board, upon a showing of a possible violation, may compel any
21 individual licensed to practice under this Act, or who has
22 applied for licensure or a permit pursuant to this Act, to
23 submit to a mental or physical examination, or both, as
24 required by and at the expense of the Department. The
25 examining physician or physicians shall be those specifically
26 designated by the Disciplinary Board. The Medical
27 Disciplinary Board or the Department may order the examining
28 physician to present testimony concerning this mental or
29 physical examination of the licensee or applicant. No
30 information shall be excluded by reason of any common law or
31 statutory privilege relating to communication between the
32 licensee or applicant and the examining physician. The
33 individual to be examined may have, at his or her own
34 expense, another physician of his or her choice present
-21- LRB9009098OBpkA
1 during all aspects of the examination. Failure of any
2 individual to submit to mental or physical examination, when
3 directed, shall be grounds for suspension of his or her
4 license until such time as the individual submits to the
5 examination if the Disciplinary Board finds, after notice and
6 hearing, that the refusal to submit to the examination was
7 without reasonable cause. If the Disciplinary Board finds a
8 physician unable to practice because of the reasons set forth
9 in this Section, the Disciplinary Board shall require such
10 physician to submit to care, counseling, or treatment by
11 physicians approved or designated by the Disciplinary Board,
12 as a condition for continued, reinstated, or renewed
13 licensure to practice. Any physician, whose license was
14 granted pursuant to Sections 9, 17, or 19 of this Act, or,
15 continued, reinstated, renewed, disciplined or supervised,
16 subject to such terms, conditions or restrictions who shall
17 fail to comply with such terms, conditions or restrictions,
18 or to complete a required program of care, counseling, or
19 treatment, as determined by the Chief Medical Coordinator or
20 Deputy Medical Coordinators, shall be referred to the
21 Director for a determination as to whether the licensee shall
22 have their license suspended immediately, pending a hearing
23 by the Disciplinary Board. In instances in which the
24 Director immediately suspends a license under this Section, a
25 hearing upon such person's license must be convened by the
26 Disciplinary Board within 15 days after such suspension and
27 completed without appreciable delay. The Disciplinary Board
28 shall have the authority to review the subject physician's
29 record of treatment and counseling regarding the impairment,
30 to the extent permitted by applicable federal statutes and
31 regulations safeguarding the confidentiality of medical
32 records.
33 An individual licensed under this Act, affected under
34 this Section, shall be afforded an opportunity to demonstrate
-22- LRB9009098OBpkA
1 to the Disciplinary Board that they can resume practice in
2 compliance with acceptable and prevailing standards under the
3 provisions of their license.
4 The Department may promulgate rules for the imposition of
5 fines in disciplinary cases, not to exceed $5,000 for each
6 violation of this Act. Fines may be imposed in conjunction
7 with other forms of disciplinary action, but shall not be the
8 exclusive disposition of any disciplinary action arising out
9 of conduct resulting in death or injury to a patient. Any
10 funds collected from such fines shall be deposited in the
11 Medical Disciplinary Fund.
12 (B) The Department shall revoke the license or visiting
13 permit of any person issued under this Act to practice
14 medicine or to treat human ailments without the use of drugs
15 and without operative surgery, who has been convicted a
16 second time of committing any felony under the Illinois
17 Controlled Substances Act, or who has been convicted a second
18 time of committing a Class 1 felony under Sections 8A-3 and
19 8A-6 of the Illinois Public Aid Code. A person whose license
20 or visiting permit is revoked under this subsection B of
21 Section 22 of this Act shall be prohibited from practicing
22 medicine or treating human ailments without the use of drugs
23 and without operative surgery.
24 (C) The Medical Disciplinary Board shall recommend to
25 the Department civil penalties and any other appropriate
26 discipline in disciplinary cases when the Board finds that a
27 physician willfully performed an abortion with actual
28 knowledge that the person upon whom the abortion has been
29 performed is a minor or an incompetent person without notice
30 as required under the Parental Notice of Abortion Act of
31 1995. Upon the Board's recommendation, the Department shall
32 impose, for the first violation, a civil penalty of $1,000
33 and for a second or subsequent violation, a civil penalty of
34 $5,000.
-23- LRB9009098OBpkA
1 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
2 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
3 Section 199. Effective date. This Act takes effect 90
4 days after becoming law.