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Public Act 097-0622 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Findings; purpose; text and revisory changes; | ||||
validation; additional material. | ||||
(a) The Illinois Supreme Court, in Lebron v. Gottlieb | ||||
Memorial Hospital , found that the limitations on noneconomic | ||||
damages in medical malpractice actions that were created in | ||||
Public Act 94-677, contained in Section 2-1706.5 of the Code of | ||||
Civil Procedure, violate the separation of powers clause of the | ||||
Illinois Constitution. Because Public Act 94-677 contained an | ||||
inseverability provision, the Court held the Act to be void in | ||||
its entirety. The Court emphasized, however, that "because the | ||||
other provisions contained in Public Act 94-677 are deemed | ||||
invalid solely on inseverability grounds, the legislature | ||||
remains free to reenact any provisions it deems appropriate". | ||||
(b) It is the purpose of this Act to reenact certain | ||||
provisions of Public Act 94-677 that did not involve | ||||
limitations on noneconomic damages in medical malpractice | ||||
actions, to validate certain actions taken in reliance on those | ||||
provisions, and to make certain additional changes to the | ||||
statutes. | ||||
(c) This Act reenacts Sections 7, 22, 23, 24, and 36 of the | ||||
Medical Practice Act of 1987. This Act does not reenact any |
other provisions of Public Act 94-677. | ||
In this Act, the base text of the reenacted Sections | ||
includes the text as it existed at the time of the Supreme | ||
Court's decision, including any amendments that occurred after | ||
P.A. 94-677, and also includes amendments that occurred after | ||
the decision. Striking and underscoring is used only to show | ||
the changes being made by this Act to that base text. | ||
(d) All otherwise lawful actions taken in reasonable | ||
reliance on or pursuant
to the Sections reenacted by this Act, | ||
as set forth in Public Act 94-677 or
subsequently amended, by | ||
any officer, employee, agency, or unit of State or
local | ||
government or by any other person or entity, are hereby | ||
validated. The actions include, but are not limited to, | ||
disciplinary actions and adoption of administrative rules | ||
under the Illinois Administrative Procedure Act. | ||
With respect to actions taken in relation to matters | ||
arising under the
Sections reenacted by this Act, a person is | ||
rebuttably presumed to have acted in
reasonable reliance on and | ||
pursuant to the provisions of Public Act 94-677,
as those | ||
provisions had been amended at the time the action was taken. | ||
With respect to their administration of matters arising | ||
under the
Sections reenacted by this Act, officers, employees, | ||
agencies, and units of State and local government shall | ||
continue to
apply the provisions of Public Act 94-677, as those | ||
provisions had been
amended at the relevant time. | ||
(e) This Act also contains material making new substantive |
changes. | ||
Section 5. The Regulatory Sunset Act is amended by changing | ||
Sections 4.21 and 4.22 as follows:
| ||
(5 ILCS 80/4.21)
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Sec. 4.21. Act Acts repealed on January 1, 2011 and | ||
November 30, 2011 . (a) The following
Act is Acts are repealed
| ||
on January 1, 2011: The Fire Equipment Distributor and Employee | ||
Regulation Act of 2000. (b) The following Act is repealed on | ||
November 30, 2011: The Medical Practice Act of 1987. | ||
(Source: P.A. 96-1041, eff. 7-14-10; 96-1492, eff. 12-30-10.)
| ||
(5 ILCS 80/4.22)
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Sec. 4.22. Act Acts repealed on December 31, 2012 January | ||
1, 2012 . The following
Act is Acts are repealed on December 31, | ||
2012 January 1, 2012 :
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The Medical Practice Act of 1987. | ||
(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; | ||
97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. | ||
8-16-11; 97-514, eff. 8-23-11; 97-598, eff. 8-26-11; 97-602, | ||
eff. 8-26-11; revised 8-30-11.)
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Section 10. The Medical Practice Act of 1987 is amended by | ||
changing Sections 2, 3.5, 4, 7.5, 8, 8.1, 9, 9.7, 11, 14, 15, | ||
17, 18, 19, 20, 21, 25, 26, 33, 35, 37, 38, 40, 41, 42, 43, 44, |
47, 54, 54.2, 59, and 61, by reenacting and changing Sections | ||
7, 22, and 23, and by reenacting Sections 24 and 36 as follows:
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(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
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(Section scheduled to be repealed on November 30, 2011)
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Sec. 2. Definitions. For purposes of this Act, the
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following definitions shall have the following meanings,
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except where the context requires otherwise:
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1. "Act" means the Medical Practice Act of 1987.
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"Address of record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. It is the duty of the applicant or | ||
licensee to inform the Department of any change of address and | ||
those changes must be made either through the Department's | ||
website or by contacting the Department. | ||
1.5. "Chiropractic physician" means a person licensed to | ||
treat human ailments without the use of drugs and without | ||
operative surgery. Nothing in this Act shall be construed to | ||
prohibit a chiropractic physician from providing advice | ||
regarding the use of non-prescription products or from | ||
administering atmospheric oxygen. Nothing in this Act shall be | ||
construed to authorize a chiropractic physician to prescribe | ||
drugs. | ||
2. "Department" means the Department of Financial and | ||
Professional Regulation.
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3. "Director" means the Director of Professional | ||
Regulation.
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4. "Disciplinary Action" means revocation,
suspension, | ||
probation, supervision, practice modification,
reprimand, | ||
required education, fines or any other action
taken by the | ||
Department against a person holding a license.
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5. "Disciplinary Board" means the Medical Disciplinary
| ||
Board.
| ||
6. "Final Determination" means the governing body's
final | ||
action taken under the procedure followed by a health
care | ||
institution, or professional association or society,
against | ||
any person licensed under the Act in accordance with
the bylaws | ||
or rules and regulations of such health care
institution, or | ||
professional association or society.
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7. "Fund" means the Medical Disciplinary Fund.
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8. "Impaired" means the inability to practice
medicine with | ||
reasonable skill and safety due to physical or
mental | ||
disabilities as evidenced by a written determination
or written | ||
consent based on clinical evidence including
deterioration | ||
through the aging process or loss of motor
skill, or abuse of | ||
drugs or alcohol, of sufficient degree to
diminish a person's | ||
ability to deliver competent patient
care.
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9. "Licensing Board" means the Medical Licensing Board.
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10. "Physician" means a person licensed under the
Medical | ||
Practice Act to practice medicine in all of its
branches or a | ||
chiropractic physician.
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11. "Professional Association" means an association or
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society of persons licensed under this Act, and operating
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within the State of Illinois, including but not limited to,
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medical societies, osteopathic organizations, and
chiropractic | ||
organizations, but this term shall not be
deemed to include | ||
hospital medical staffs.
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12. "Program of Care, Counseling, or Treatment" means
a | ||
written schedule of organized treatment, care, counseling,
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activities, or education, satisfactory to the Disciplinary
| ||
Board, designed for the purpose of restoring an impaired
person | ||
to a condition whereby the impaired person can
practice | ||
medicine with reasonable skill and safety of a
sufficient | ||
degree to deliver competent patient care.
| ||
"Secretary" means the Secretary of the Department of | ||
Financial and Professional Regulation. | ||
(Source: P.A. 97-462, eff. 8-19-11.)
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(225 ILCS 60/3.5)
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(Section scheduled to be repealed on November 30, 2011)
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Sec. 3.5. Unlicensed practice; violation; civil penalty.
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(a) Any person who practices, offers to practice, attempts | ||
to practice, or
holds oneself out to practice as a physician | ||
without being licensed under this
Act shall, in
addition to any | ||
other penalty provided by law, pay a civil penalty to the
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Department in an amount not to exceed $10,000 $5,000 for each | ||
offense as determined by
the Department. The civil penalty |
shall be assessed by the Department after a
hearing is held in | ||
accordance with the provisions set forth in this Act
regarding | ||
the provision of a hearing for the discipline of a licensee.
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(b) The Department has the authority and power to | ||
investigate any and all
unlicensed activity.
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(c) The civil penalty shall be paid within 60 days after | ||
the effective date
of the order imposing the civil penalty. The | ||
order shall constitute a judgment
and may be filed and | ||
execution had thereon in the same manner as any judgment
from | ||
any court of record.
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(Source: P.A. 89-474, eff. 6-18-96 .)
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(225 ILCS 60/4) (from Ch. 111, par. 4400-4)
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(Section scheduled to be repealed on November 30, 2011)
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Sec. 4. Exemptions. (a) This Act does not apply to the | ||
following:
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(1) persons lawfully carrying on their particular | ||
profession or business
under any valid existing regulatory | ||
Act of this State;
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(2) persons rendering gratuitous services in cases of | ||
emergency; or
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(3) persons treating human ailments by prayer or | ||
spiritual means as an
exercise or enjoyment of religious | ||
freedom . ; or
| ||
(4) persons practicing the specified occupations set | ||
forth in in subsection (a) of, and pursuant to a licensing |
exemption granted in subsection (b) or (d) of, Section | ||
2105-350 of the Department of Professional Regulation Law | ||
of the Civil Administrative Code of Illinois, but only for | ||
so long as the 2016 Olympic and Paralympic Games | ||
Professional Licensure Exemption Law is operable. | ||
(b) (Blank).
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(Source: P.A. 96-7, eff. 4-3-09 .)
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(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
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(Section scheduled to be repealed on November 30, 2011)
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(Text of Section WITH the changes made by P.A. 94-677, | ||
which has been held
unconstitutional) | ||
Sec. 7. Medical Disciplinary Board.
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(A) There is hereby created the Illinois
State Medical | ||
Disciplinary Board (hereinafter referred to as
the | ||
"Disciplinary Board") . The Disciplinary Board shall
consist of | ||
11 members, to be appointed by the Governor by and
with the | ||
advice and consent of the Senate. All members shall be
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residents of the State, not more than 6 of whom shall be
| ||
members of the same political party. All members shall be | ||
voting members. Five members shall be
physicians licensed to | ||
practice medicine in all of its
branches in Illinois possessing | ||
the degree of doctor of
medicine , and it shall be the goal that | ||
at least one of the members practice in the field of | ||
neurosurgery, one of the members practice in the field of | ||
obstetrics and gynecology, and one of the members practice in |
the field of cardiology . One member shall be a physician | ||
licensed to practice medicine in all its branches in Illinois | ||
possessing the degree of doctor of osteopathy or osteopathic | ||
medicine. One member shall be a chiropractic physician licensed | ||
to practice in Illinois and possessing the degree of doctor of | ||
chiropractic. Four members shall be members of the public, who | ||
shall not
be engaged in any way, directly or indirectly, as | ||
providers
of health care.
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(B) Members of the Disciplinary Board shall be appointed
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for terms of 4 years. Upon the expiration of the term of
any | ||
member, their successor shall be appointed for a term of
4 | ||
years by the Governor by and with the advice and
consent of the | ||
Senate. The Governor shall fill any vacancy
for the remainder | ||
of the unexpired term by and with the
advice and consent of the | ||
Senate. Upon recommendation of
the Board, any member of the | ||
Disciplinary Board may be
removed by the Governor for | ||
misfeasance, malfeasance, or
wilful neglect of duty, after | ||
notice, and a public hearing,
unless such notice and hearing | ||
shall be expressly waived in
writing. Each member shall serve | ||
on the Disciplinary Board
until their successor is appointed | ||
and qualified. No member
of the Disciplinary Board shall serve | ||
more than 2
consecutive 4 year terms.
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In making appointments the Governor shall attempt to
insure | ||
that the various social and geographic regions of the
State of | ||
Illinois are properly represented.
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In making the designation of persons to act for the
several |
professions represented on the Disciplinary Board,
the | ||
Governor shall give due consideration to recommendations
by | ||
members of the respective professions and by
organizations | ||
therein.
| ||
(C) The Disciplinary Board shall annually elect one of
its | ||
voting members as chairperson and one as vice
chairperson. No | ||
officer shall be elected more than twice
in succession to the | ||
same office. Each officer shall serve
until their successor has | ||
been elected and qualified.
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(D) (Blank).
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(E) Six voting members of the Disciplinary Board, at least | ||
4 of whom are physicians,
shall constitute a quorum. A vacancy | ||
in the membership of
the Disciplinary Board shall not impair | ||
the right of a
quorum to exercise all the rights and perform | ||
all the duties
of the Disciplinary Board. Any action taken by | ||
the
Disciplinary Board under this Act may be authorized by
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resolution at any regular or special meeting and each such
| ||
resolution shall take effect immediately. The Disciplinary
| ||
Board shall meet at least quarterly. The Disciplinary Board
is | ||
empowered to adopt all rules and regulations necessary
and | ||
incident to the powers granted to it under this Act.
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(F) Each member, and member-officer, of the
Disciplinary | ||
Board shall receive a per diem stipend
as the
Secretary of the | ||
Department, hereinafter referred to as the
Secretary, shall | ||
determine. The Secretary
shall also
determine the per diem | ||
stipend that each ex-officio member
shall receive. Each member |
shall be paid their necessary
expenses while engaged in the | ||
performance of their duties.
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(G) The Secretary shall select a Chief Medical
Coordinator | ||
and not less than 2 Deputy Medical Coordinators
who shall not
| ||
be members of the Disciplinary Board. Each medical
coordinator | ||
shall be a physician licensed to practice
medicine in all of | ||
its branches, and the Secretary shall set
their rates of | ||
compensation. The Secretary shall assign at least
one
medical
| ||
coordinator to
a region composed of Cook County and
such other | ||
counties as the Secretary may deem appropriate,
and such | ||
medical coordinator or coordinators shall locate their office | ||
in
Chicago. The Secretary shall assign at least one medical
| ||
coordinator to a region composed of the balance of counties
in | ||
the State, and such medical coordinator or coordinators shall | ||
locate
their office in Springfield. Each medical coordinator | ||
shall
be the chief enforcement officer of this Act in his or | ||
her
assigned region and shall serve at the will of the
| ||
Disciplinary Board.
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The Secretary shall employ, in conformity with the
| ||
Personnel Code, investigators who are not less than one full | ||
time investigator
for every 2,500 physicians licensed in the | ||
State. Each
investigator shall be a college graduates graduate | ||
with at least 2
years of years' investigative experience or one | ||
year of advanced medical
education. Upon the written request of | ||
the Disciplinary
Board, the Secretary shall employ, in | ||
conformity with the
Personnel Code, such other professional, |
technical,
investigative, and clerical help, either on a full | ||
or
part-time basis as the Disciplinary Board deems necessary
| ||
for the proper performance of its duties.
| ||
(H) Upon the specific request of the Disciplinary
Board, | ||
signed by either the chairperson chairman , vice chairperson | ||
chairman , or a
medical coordinator of the Disciplinary Board, | ||
the
Department of Human Services or the
Department of State | ||
Police shall make available any and all
information that they | ||
have in their possession regarding a
particular case then under | ||
investigation by the Disciplinary
Board.
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(I) Members of the Disciplinary Board shall be immune
from | ||
suit in any action based upon any disciplinary
proceedings or | ||
other acts performed in good faith as members
of the | ||
Disciplinary Board.
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(J) The Disciplinary Board may compile and establish a
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statewide roster of physicians and other medical
| ||
professionals, including the several medical specialties, of
| ||
such physicians and medical professionals, who have agreed
to | ||
serve from time to time as advisors to the medical
| ||
coordinators. Such advisors shall assist the medical
| ||
coordinators or the Disciplinary Board in their investigations | ||
and participation in
complaints against physicians. Such | ||
advisors shall serve
under contract and shall be reimbursed at | ||
a reasonable rate for the services
provided, plus reasonable | ||
expenses incurred.
While serving in this capacity, the advisor, | ||
for any act
undertaken in good faith and in the conduct of his |
or her their duties
under this Section, shall be immune from | ||
civil suit.
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(Source: P.A. 93-138, eff. 7-10-03; 94-677, eff. 8-25-05 .)
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(225 ILCS 60/7.5)
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(Section scheduled to be repealed on November 30, 2011)
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Sec. 7.5. Complaint Committee.
| ||
(a) There shall be a Complaint Committee of the | ||
Disciplinary Board
composed of at least one of the medical | ||
coordinators established by subsection
(G) (g) of Section 7 of | ||
this Act, the Chief of Medical Investigations (person
employed | ||
by the Department who is in charge of investigating complaints | ||
against
physicians and physician assistants), and at least 3 | ||
voting members of the
Disciplinary Board (at least 2 of whom | ||
shall be physicians) designated by the
Chairperson Chairman of | ||
the Medical Disciplinary Board with the approval of the
| ||
Disciplinary Board. The Disciplinary Board members so | ||
appointed shall serve
one-year terms and may be eligible for | ||
reappointment
for subsequent terms.
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(b) The Complaint Committee shall meet at least twice a | ||
month to
exercise its functions and duties set forth in | ||
subsection (c) below. At least 2
members of the Disciplinary | ||
Board shall be in attendance in order for any
business to be | ||
transacted by the Complaint Committee. The Complaint Committee
| ||
shall make every effort to consider expeditiously and take | ||
prompt action on
each item on its agenda.
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(c) The Complaint Committee shall have the following duties | ||
and functions:
| ||
(1) To recommend to the Disciplinary Board that a | ||
complaint file be
closed.
| ||
(2) To refer a complaint file to the office of the | ||
Chief of Medical
Prosecutions (person employed by the | ||
Department who is in charge of
prosecuting formal | ||
complaints against licensees) for review.
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(3) To make a decision in conjunction with the Chief of | ||
Medical
Prosecutions regarding action to be taken on a | ||
complaint file.
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(d) In determining what action to take or whether to | ||
proceed with
prosecution of a complaint, the Complaint | ||
Committee shall consider, but not be
limited to, the following | ||
factors: sufficiency of the evidence presented,
prosecutorial | ||
merit under Section 22 of this Act, any recommendation made by | ||
the Department, and insufficient cooperation
from complaining | ||
parties.
| ||
(Source: P.A. 93-214, eff. 1-1-04 .)
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(225 ILCS 60/8) (from Ch. 111, par. 4400-8)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 8. Medical Licensing Board.
| ||
(A) There is hereby created a Medical
Licensing Board | ||
(hereinafter referred to as the
"Licensing Board") . The | ||
Licensing Board shall be composed
of 7 members, to be appointed |
by the Governor by and with
the advice and consent of the | ||
Senate; 5 of whom shall be
reputable physicians licensed to | ||
practice medicine in all of
its branches in Illinois, | ||
possessing the degree of doctor of
medicine; one member shall | ||
be a reputable physician licensed
in Illinois to practice | ||
medicine in all of its branches,
possessing the degree of | ||
doctor of osteopathy or osteopathic medicine; and
one
member | ||
shall be a reputable chiropractic physician licensed to | ||
practice
in Illinois and possessing the degree of doctor of
| ||
chiropractic. Of the 5 members holding the degree of doctor
of | ||
medicine, one shall be a full-time or part-time teacher
of | ||
professorial rank in the clinical department of an
Illinois | ||
school of medicine.
| ||
(B) Members of the
Licensing Board shall be appointed for | ||
terms of 4 years, and until their successors are appointed and
| ||
qualified. Appointments to fill vacancies shall be made in
the | ||
same manner as original appointments, for the unexpired
portion | ||
of the vacated term. No more than 4 members of
the Licensing | ||
Board shall be members of the same political
party and all | ||
members shall be residents of this State. No
member of the | ||
Licensing Board may be appointed to more than
2 successive 4 | ||
year terms. This limitation shall only
apply to individuals | ||
appointed to the Licensing Board after
the effective date of | ||
this Act.
| ||
(C) Members of the Licensing Board shall be immune
from | ||
suit in any action based upon any licensing proceedings
or |
other acts performed in good faith as members of the
Licensing | ||
Board.
| ||
(D) (Blank).
| ||
(E) The Licensing Board shall annually elect one of
its | ||
members as chairperson and one as vice chairperson. No member
| ||
shall be elected more than twice in succession to the same
| ||
office. Each officer shall serve until his or her their | ||
successor has
been elected and qualified.
| ||
(F) None of the functions, powers or duties of the
| ||
Department with respect to policies regarding licensure and | ||
examination
under
this Act, including the promulgation of such | ||
rules as may be
necessary for the administration of this Act, | ||
shall be
exercised by the Department except upon review of the
| ||
Licensing Board.
| ||
(G) The Licensing Board shall receive the same
compensation | ||
as the members of the Medical
Disciplinary Board, which | ||
compensation shall be paid out of
the Illinois State Medical | ||
Disciplinary Fund.
| ||
(Source: P.A. 89-702, eff. 7-1-97 .)
| ||
(225 ILCS 60/8.1)
| ||
(Section scheduled to be repealed on November 30, 2011) | ||
Sec. 8.1. Matters concerning advanced practice nurses. Any | ||
proposed rules, amendments, second notice materials and | ||
adopted rule or amendment materials, and policy statements | ||
concerning advanced practice nurses shall be presented to the |
Medical Licensing Board for review and comment. The | ||
recommendations of both the Board of Nursing and the Medical | ||
Licensing Board shall be presented to the Secretary for | ||
consideration in making final decisions. Whenever the Board of | ||
Nursing and the Medical Licensing Board disagree on a proposed | ||
rule or policy, the Secretary shall convene a joint meeting of | ||
the officers of each Board to discuss the resolution of any | ||
such disagreements.
| ||
(Source: P.A. 95-639, eff. 10-5-07 .)
| ||
(225 ILCS 60/9) (from Ch. 111, par. 4400-9)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 9. Application for license. Each applicant for a | ||
license shall:
| ||
(A) Make application on blank forms prepared and
| ||
furnished by the Department of Professional Regulation
| ||
hereinafter referred to as the Department .
| ||
(B) Submit evidence satisfactory to the Department
| ||
that the applicant:
| ||
(1) is of good moral character. In determining | ||
moral
character under this Section, the Department may | ||
take into
consideration whether the applicant has | ||
engaged in conduct
or activities which would | ||
constitute grounds for discipline
under this Act. The | ||
Department may also request the
applicant to submit, | ||
and may consider as evidence of moral
character, |
endorsements from 2 or 3 individuals licensed
under | ||
this Act;
| ||
(2) has the preliminary and professional education
| ||
required by this Act;
| ||
(3) (blank); and
| ||
(4) is physically, mentally, and professionally | ||
capable
of practicing medicine with reasonable | ||
judgment, skill, and
safety. In determining physical, | ||
mental and professional
capacity under this Section, | ||
the Medical Licensing Board
may, upon a showing of a | ||
possible incapacity or conduct or activities that | ||
would constitute grounds for discipline under this | ||
Act , compel any
applicant to submit to a mental or | ||
physical examination and evaluation , or
both , as | ||
provided for in Section 22 of this Act . The Licensing | ||
Board may condition or restrict any
license, subject to | ||
the same terms and conditions as are
provided for the | ||
Medical Disciplinary Board under Section 22
of this | ||
Act. Any such condition of a restricted license
shall | ||
provide that the Chief Medical Coordinator or Deputy
| ||
Medical Coordinator shall have the authority to review | ||
the
subject physician's compliance with such | ||
conditions or
restrictions, including, where | ||
appropriate, the physician's
record of treatment and | ||
counseling regarding the impairment,
to the extent | ||
permitted by applicable federal statutes and
|
regulations safeguarding the confidentiality of | ||
medical
records of patients.
| ||
In determining professional capacity under this
| ||
Section , an any individual who has not been actively | ||
engaged in
the practice of medicine or as a medical, | ||
osteopathic, or
chiropractic student or who has not been | ||
engaged in a formal
program of medical education during the | ||
2 years
immediately preceding their application may be | ||
required to
complete such additional testing, training, or | ||
remedial
education as the Licensing Board may deem | ||
necessary in order
to establish the applicant's present | ||
capacity to practice
medicine with reasonable judgment, | ||
skill, and safety. The Licensing Board may consider the | ||
following criteria, as they relate to an applicant, as part | ||
of its determination of professional capacity:
| ||
(1) Medical research in an established research | ||
facility, hospital, college or university, or private | ||
corporation. | ||
(2) Specialized training or education. | ||
(3) Publication of original work in learned, | ||
medical, or scientific journals. | ||
(4) Participation in federal, State, local, or | ||
international public health programs or organizations. | ||
(5) Professional service in a federal veterans or | ||
military institution. | ||
(6) Any other professional activities deemed to |
maintain and enhance the clinical capabilities of the | ||
applicant. | ||
Any applicant applying for a license to practice | ||
medicine in all of its branches or for a license as a | ||
chiropractic physician who has not been engaged in the | ||
active practice of medicine or has not been enrolled in a | ||
medical program for 2 years prior to application must | ||
submit proof of professional capacity to the Licensing | ||
Board. | ||
Any applicant applying for a temporary license that has | ||
not been engaged in the active practice of medicine or has | ||
not been enrolled in a medical program for longer than 5 | ||
years prior to application must submit proof of | ||
professional capacity to the Licensing Board.
| ||
(C) Designate specifically the name, location, and
| ||
kind of professional school, college, or institution of
| ||
which the applicant is a graduate and the category under
| ||
which the applicant seeks, and will undertake, to practice.
| ||
(D) Pay to the Department at the time of application
| ||
the required fees.
| ||
(E) Pursuant to Department rules, as required, pass an
| ||
examination authorized by the Department to determine
the | ||
applicant's fitness to receive a license.
| ||
(F) Complete the application process within 3 years | ||
from the date of
application. If the process has not been | ||
completed within 3 years, the
application shall expire be |
denied , application fees shall be forfeited, and the
| ||
applicant
must reapply and meet the requirements in effect | ||
at the time of
reapplication.
| ||
(Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97 .)
| ||
(225 ILCS 60/9.7)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 9.7. Criminal history records background check. Each | ||
applicant for licensure or permit under Sections 9, 18, and 19 | ||
shall have his or her fingerprints submitted to the Department | ||
of State Police in an electronic format that complies with the | ||
form and manner for requesting and furnishing criminal history | ||
record information as prescribed by the Department of State | ||
Police. These fingerprints shall be checked against the | ||
Department of State Police and Federal Bureau of Investigation | ||
criminal history record databases now and hereafter filed. The | ||
Department of State Police shall charge applicants a fee for | ||
conducting the criminal history records check, which shall be | ||
deposited into the State Police Services Fund and shall not | ||
exceed the actual cost of the records check. The Department of | ||
State Police shall furnish, pursuant to positive | ||
identification, records of Illinois convictions to the | ||
Department. The Department may require applicants to pay a | ||
separate fingerprinting fee, either to the Department or to a | ||
Department designated or approved vendor. The Department, in | ||
its discretion, may allow an applicant who does not have |
reasonable access to a designated vendor to provide his or her | ||
fingerprints in an alternative manner. The Department may adopt | ||
any rules necessary to implement this Section.
| ||
The Department shall require an applicant for a license under | ||
Section 19 of
this Act to
undergo
a criminal
background
check. | ||
The Department shall adopt rules to implement this Section.
| ||
(Source: P.A. 90-722, eff. 1-1-99 .)
| ||
(225 ILCS 60/11) (from Ch. 111, par. 4400-11)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 11. Minimum education standards. The minimum | ||
standards of
professional
education to be enforced by the | ||
Department in conducting
examinations and issuing licenses | ||
shall be as follows:
| ||
(A) Practice of medicine. For the practice of
medicine | ||
in all of its branches:
| ||
(1) For applications for licensure under | ||
subsection (D) of Section 19
of this Act:
| ||
(a) that the applicant is a graduate of a | ||
medical or
osteopathic college in the United | ||
States, its territories or
Canada, that the | ||
applicant has completed a 2 year course of | ||
instruction in a
college of liberal arts, or its | ||
equivalent, and a course of
instruction in a | ||
medical or osteopathic college approved by
the | ||
Department or by a private, not for profit |
accrediting
body approved by the Department, and | ||
in addition thereto, a
course of postgraduate | ||
clinical training of not less than 12
months as | ||
approved by the Department; or
| ||
(b) that the applicant is a graduate of a | ||
medical or
osteopathic college located outside the | ||
United States, its
territories or Canada, and that | ||
the degree conferred is
officially recognized by | ||
the country for the purposes of
licensure, that the | ||
applicant has completed a 2 year course of | ||
instruction in a
college of liberal arts or its | ||
equivalent, and a course of
instruction in a | ||
medical or osteopathic college approved by
the | ||
Department, which course shall have been not less | ||
than
132 weeks in duration and shall have been | ||
completed within a
period of not less than 35 | ||
months, and, in addition thereto,
has completed a | ||
course of postgraduate clinical training of not | ||
less than
12 months, as approved by the Department, | ||
and has complied with any other
standards | ||
established by rule.
| ||
For the purposes of this subparagraph (b) an | ||
applicant
is considered to be a graduate of a | ||
medical college if the
degree which is conferred is | ||
officially recognized by that
country for the | ||
purposes of receiving a license to practice
|
medicine in all of its branches or a document is | ||
granted by
the medical college which certifies the | ||
completion of all
formal training requirements | ||
including any internship and
social service; or
| ||
(c) that the applicant has studied medicine at | ||
a
medical or osteopathic college located outside | ||
the United
States, its territories, or Canada, | ||
that the applicant has
completed a 2 year course of
| ||
instruction in a college of liberal arts or its | ||
equivalent
and all of the formal requirements of a | ||
foreign medical
school except internship and | ||
social service, which course
shall have been not | ||
less than 132 weeks in duration and
shall have been | ||
completed within a period of not less than
35 | ||
months; that the applicant has submitted an | ||
application
to a medical college accredited by the | ||
Liaison Committee on
Medical Education and | ||
submitted to such evaluation
procedures, including | ||
use of nationally recognized medical
student tests | ||
or tests devised by the individual medical
| ||
college, and that the applicant has satisfactorily | ||
completed
one academic year of supervised clinical | ||
training under the
direction of such medical | ||
college; and, in addition thereto
has completed a | ||
course of postgraduate clinical training of
not | ||
less than 12 months, as approved by the Department, |
and has
complied
with
any other standards | ||
established by rule.
| ||
(d) Any clinical clerkships must have been | ||
completed
in compliance with Section 10.3 of the | ||
Hospital Licensing
Act, as amended.
| ||
(2) Effective January 1, 1988, for applications | ||
for
licensure made subsequent to January 1, 1988, under | ||
Sections
9 or 17 of this Act by individuals not | ||
described in paragraph (3) of
subsection (A) of Section | ||
11 who graduated after December
31, 1984:
| ||
(a) that the applicant: (i) graduated from a | ||
medical
or osteopathic college officially | ||
recognized by the
jurisdiction in which it is | ||
located for the purpose of
receiving a license to | ||
practice medicine in all of its
branches, and the | ||
applicant has completed, as defined by the
| ||
Department, a 6 year postsecondary course of study
| ||
comprising at least 2 academic years of study in | ||
the basic
medical sciences; and 2 academic years of | ||
study in the
clinical sciences, while enrolled in | ||
the medical college
which conferred the degree, | ||
the core rotations of which must
have been | ||
completed in clinical teaching facilities owned,
| ||
operated or formally affiliated with the medical | ||
college
which conferred the degree, or under | ||
contract in teaching
facilities owned, operated or |
affiliated with another
medical college which is | ||
officially recognized by the
jurisdiction in which | ||
the medical school which conferred the
degree is | ||
located; or (ii) graduated from a medical or
| ||
osteopathic college accredited by the Liaison | ||
Committee on
Medical Education, the Committee on | ||
Accreditation of
Canadian Medical Schools in | ||
conjunction with the Liaison
Committee on Medical | ||
Education, or the Bureau of Professional Education | ||
of
the American Osteopathic
Association; and, | ||
(iii) in addition
thereto, has completed 24 months | ||
a course of postgraduate clinical
training of not | ||
less than 24 months , as approved by the
Department; | ||
or
| ||
(b) that the applicant has studied medicine at | ||
a
medical or osteopathic college located outside | ||
the United
States, its territories, or Canada, | ||
that the applicant, in
addition to satisfying the | ||
requirements of subparagraph (a),
except for the | ||
awarding of a degree, has completed all of
the | ||
formal requirements of a foreign medical school | ||
except
internship and social service and has | ||
submitted an
application to a medical college | ||
accredited by the Liaison
Committee on Medical | ||
Education and submitted to such
evaluation | ||
procedures, including use of nationally
recognized |
medical student tests or tests devised by the
| ||
individual medical college, and that the applicant | ||
has
satisfactorily completed one academic year of | ||
supervised
clinical training under the direction | ||
of such medical
college; and, in addition thereto, | ||
has completed 24 months a course of
postgraduate | ||
clinical training of not less than 24 months , as
| ||
approved by the Department, and has complied with | ||
any other standards
established by rule.
| ||
(3) (Blank).
| ||
(4) Any person granted a temporary license | ||
pursuant to Section 17 of
this Act who shall | ||
satisfactorily complete a course of postgraduate | ||
clinical
training and meet all of the requirements for | ||
licensure shall be granted a
permanent license | ||
pursuant to Section 9.
| ||
(5) Notwithstanding any other provision of this
| ||
Section an individual holding a temporary license | ||
under
Section 17 of this Act shall be required to | ||
satisfy the
undergraduate medical and post-graduate | ||
clinical training educational
requirements in effect | ||
on
the date of their application for a temporary | ||
license,
provided they apply for a license under | ||
Section 9 of this
Act and satisfy all other | ||
requirements of this Section while
their temporary | ||
license is in effect.
|
(B) Treating human ailments without drugs and without
| ||
operative surgery. For the practice of treating human
| ||
ailments without the use of drugs and without operative
| ||
surgery:
| ||
(1) For an applicant who was a resident student and
| ||
who is a graduate after July 1, 1926, of a chiropractic
| ||
college or institution, that such school, college or
| ||
institution, at the time of the applicant's graduation
| ||
required as a prerequisite to admission thereto a 4 | ||
year
course of instruction in a high school, and, as a
| ||
prerequisite to graduation therefrom, a course of
| ||
instruction in the treatment of human ailments, of not | ||
less
than 132 weeks in duration and which shall have | ||
been
completed within a period of not less than 35 | ||
months except
that as to students matriculating or | ||
entering upon a course
of chiropractic study during the | ||
years 1940, 1941, 1942,
1943, 1944, 1945, 1946, and | ||
1947, such elapsed time
shall be not less than 32 | ||
months, such high school and such
school, college or | ||
institution having been reputable and in
good standing | ||
in the judgment of the Department.
| ||
(2) For an applicant who is a matriculant in a
| ||
chiropractic college after September 1, 1969, that | ||
such
applicant shall be required to complete a 2 year | ||
course
of instruction in a liberal arts college or its | ||
equivalent and a course of instruction in a |
chiropractic
college in the treatment of human | ||
ailments, such course, as
a prerequisite to graduation | ||
therefrom, having been not less
than 132 weeks in | ||
duration and shall have been completed
within a period | ||
of not less than 35 months, such college of
liberal | ||
arts and chiropractic college having been reputable
| ||
and in good standing in the judgment of the Department.
| ||
(3) For an applicant who is a graduate of a United
| ||
States chiropractic college after August 19, 1981, the
| ||
college of the applicant must be fully accredited by | ||
the
Commission on Accreditation of the Council on | ||
Chiropractic
Education or its successor at the time of | ||
graduation. Such
graduates shall be considered to have | ||
met the minimum
requirements which shall be in addition | ||
to those
requirements set forth in the rules and | ||
regulations
promulgated by the Department.
| ||
(4) For an applicant who is a graduate of a
| ||
chiropractic college in another country; that such
| ||
chiropractic college be equivalent to the standards of
| ||
education as set forth for chiropractic colleges | ||
located in
the United States.
| ||
(Source: P.A. 89-702, eff. 7-1-97; 90-818, eff. 3-23-99 .)
| ||
(225 ILCS 60/14) (from Ch. 111, par. 4400-14)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 14. Chiropractic students. Candidates for the degree |
of doctor of
chiropractic enrolled in a chiropractic college, | ||
accredited by the Council on
Chiropractic Education, may | ||
practice under the direct, on-premises supervision
of a | ||
chiropractic physician who is licensed to treat human ailments | ||
without the use of drugs
and without operative surgery and who | ||
is a member of the faculty of an
accredited chiropractic | ||
college.
| ||
(Source: P.A. 89-702, eff. 7-1-97 .)
| ||
(225 ILCS 60/15) (from Ch. 111, par. 4400-15)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 15.
Chiropractic physician Physician licensed to | ||
practice without drugs and operative
surgery ; license for | ||
general practice. Any chiropractic physician licensed under | ||
this
Act to
treat human ailments without the use of | ||
prescriptive drugs
and operative surgery shall be permitted to | ||
take the
examination for licensure as a physician to practice | ||
medicine in
all its branches and
shall receive a license to | ||
practice medicine in all of its
branches if he or she shall | ||
successfully pass such
examination, upon proof of having | ||
successfully completed in
a medical college, osteopathic | ||
college or chiropractic
college reputable and in good standing | ||
in the judgment of
the Department, courses of instruction in | ||
materia medica,
therapeutics, surgery, obstetrics, and theory | ||
and practice
deemed by the Department to be equal to the | ||
courses of
instruction required in those subjects for admission |
to the
examination for a license to practice medicine in all of | ||
its
branches, together with proof of having completed (a) the
2 | ||
year course of instruction in a college of liberal
arts, or its | ||
equivalent, required under this Act, and (b) a
course of | ||
postgraduate clinical training of not less than 24
months as | ||
approved by the Department.
| ||
(Source: P.A. 89-702, eff. 7-1-97 .)
| ||
(225 ILCS 60/17) (from Ch. 111, par. 4400-17)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 17. Temporary license. Persons holding the degree of | ||
Doctor of
Medicine, persons
holding the degree of Doctor of
| ||
Osteopathy or Doctor of Osteopathic Medicine, and persons | ||
holding the degree
of Doctor of Chiropractic or persons who | ||
have satisfied
the requirements
therefor and are eligible to | ||
receive such degree from
a medical, osteopathic, or | ||
chiropractic school, who wish to
pursue programs
of graduate or | ||
specialty training in this State, may receive
without | ||
examination, in the discretion of the Department, a
3-year | ||
temporary license. In order to receive a 3-year
temporary | ||
license hereunder, an applicant shall submit evidence furnish
| ||
satisfactory proof to the Department that the applicant:
| ||
(A) Is of good moral character. In determining moral
| ||
character under this Section, the Department may take into
| ||
consideration whether the applicant has engaged in conduct
| ||
or activities which would constitute grounds for |
discipline
under this Act. The Department may also request | ||
the
applicant to submit, and may consider as evidence of | ||
moral
character, endorsements from 2 or 3 individuals | ||
licensed
under this Act;
| ||
(B) Has been accepted or appointed for specialty or
| ||
residency training by a hospital situated in this State or | ||
a
training program in hospitals or facilities maintained by
| ||
the State of Illinois or affiliated training facilities
| ||
which is approved by the Department for the purpose of such
| ||
training under this Act. The applicant shall indicate the
| ||
beginning and ending dates of the period for which the
| ||
applicant has been accepted or appointed;
| ||
(C) Has or will satisfy the professional education
| ||
requirements of Section 11 of this Act which are effective
| ||
at the date of application except for postgraduate clinical
| ||
training;
| ||
(D) Is physically, mentally, and professionally | ||
capable
of practicing medicine or treating human ailments | ||
without the use of drugs and without or
operative surgery | ||
with reasonable judgment, skill, and
safety. In | ||
determining physical, mental and professional
capacity | ||
under this Section, the Medical Licensing Board
may, upon a | ||
showing of a possible incapacity, compel an
applicant to | ||
submit to a mental or physical examination and evaluation , | ||
or
both, and may condition or restrict any temporary | ||
license,
subject to the same terms and conditions as are |
provided for
the Medical Disciplinary Board under Section | ||
22 of this Act.
Any such condition of restricted temporary | ||
license shall
provide that the Chief Medical Coordinator or | ||
Deputy Medical
Coordinator shall have the authority to | ||
review the subject
physician's compliance with such | ||
conditions or restrictions,
including, where appropriate, | ||
the physician's record of
treatment and counseling | ||
regarding the impairment, to the
extent permitted by | ||
applicable federal statutes and
regulations safeguarding | ||
the confidentiality of medical
records of patients.
| ||
Three-year temporary licenses issued pursuant to this
| ||
Section shall be valid only for the period of time
designated | ||
therein, and may be extended or renewed pursuant
to the rules | ||
of the Department, and if a temporary license
is thereafter | ||
extended, it shall not extend beyond
completion of the | ||
residency program. The holder of a valid
3-year temporary | ||
license shall be entitled thereby to
perform only such acts as | ||
may be prescribed by and
incidental to his or her their program | ||
of residency training; he or she they
shall not be entitled to | ||
otherwise engage in the practice of
medicine in this State | ||
unless fully licensed in this State.
| ||
A 3-year temporary license may be revoked by the
Department | ||
upon proof that the holder thereof has engaged in
the practice | ||
of medicine in this State outside of the
program of his or her | ||
their residency or specialty training, or if the
holder shall | ||
fail to supply the Department, within 10 days
of its request, |
with information as to his or her their current status
and | ||
activities in his or her their specialty training program.
| ||
(Source: P.A. 89-702, eff. 7-1-97; 90-54, eff. 7-3-97 .)
| ||
(225 ILCS 60/18) (from Ch. 111, par. 4400-18)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 18. Visiting professor, physician, or resident | ||
permits.
| ||
(A) Visiting professor permit.
| ||
(1) A visiting professor permit shall
entitle a person | ||
to practice medicine in all of its branches
or to practice | ||
the treatment of human ailments without the
use of drugs | ||
and without operative surgery provided:
| ||
(a) the person maintains an equivalent | ||
authorization
to practice medicine in all of its | ||
branches or to practice
the treatment of human ailments | ||
without the use of drugs
and without operative surgery | ||
in good standing in his or her their
native licensing | ||
jurisdiction during the period of the
visiting | ||
professor permit;
| ||
(b) the person has received a faculty appointment | ||
to
teach in a medical, osteopathic or chiropractic | ||
school in
Illinois; and
| ||
(c) the Department may prescribe the information | ||
necessary to
establish
an applicant's eligibility for | ||
a permit. This information shall include
without |
limitation (i) a statement from the dean of the medical | ||
school at which
the
applicant will be employed | ||
describing the applicant's qualifications and (ii)
a | ||
statement from the dean of the medical school listing | ||
every affiliated
institution in which the applicant | ||
will be providing instruction as part of the
medical | ||
school's education program and justifying any clinical | ||
activities at
each of the institutions listed by the | ||
dean.
| ||
(2) Application for visiting professor permits shall
| ||
be made to the Department, in writing, on forms prescribed
| ||
by the Department and shall be accompanied by the required
| ||
fee established by rule, which shall not be refundable. Any | ||
application
shall require the information as, in the | ||
judgment of the Department, will
enable the Department to | ||
pass on the qualifications of the applicant.
| ||
(3) A visiting professor permit shall be valid for no | ||
longer than 2
years from the date of issuance or until the | ||
time the
faculty appointment is terminated, whichever | ||
occurs first,
and may be renewed only in accordance with | ||
subdivision (A)(6) of this
Section.
| ||
(4) The applicant may be required to appear before the
| ||
Medical Licensing Board for an interview prior to, and as a
| ||
requirement for, the issuance of the original permit and | ||
the
renewal.
| ||
(5) Persons holding a permit under this Section shall
|
only practice medicine in all of its branches or practice
| ||
the treatment of human ailments without the use of drugs
| ||
and without operative surgery in the State of Illinois in
| ||
their official capacity under their contract
within the | ||
medical school itself and any affiliated institution in | ||
which the
permit holder is providing instruction as part of | ||
the medical school's
educational program and for which the | ||
medical school has assumed direct
responsibility.
| ||
(6) After the initial renewal of a visiting professor | ||
permit, a A visiting professor permit shall be valid until | ||
the last day of the
next physician license renewal period, | ||
as set by rule, and may only be
renewed for applicants who | ||
meet the following requirements:
| ||
(i) have obtained the required continuing | ||
education hours as set by
rule; and
| ||
(ii) have paid the fee prescribed for a license | ||
under Section 21 of this
Act.
| ||
For initial renewal, the visiting professor must | ||
successfully pass a
general competency examination authorized | ||
by the Department by rule, unless he or she was issued an | ||
initial visiting professor permit on or after January 1, 2007, | ||
but prior to July 1, 2007.
| ||
(B) Visiting physician permit.
| ||
(1) The Department may, in its discretion, issue a | ||
temporary visiting
physician permit, without examination, |
provided:
| ||
(a) (blank);
| ||
(b) that the person maintains an equivalent | ||
authorization to practice
medicine in all of its | ||
branches or to practice the treatment of human
ailments | ||
without the use of drugs and without operative surgery | ||
in good
standing in his or her native licensing | ||
jurisdiction during the period of the
temporary | ||
visiting physician permit;
| ||
(c) that the person has received an invitation or | ||
appointment to study,
demonstrate, or perform a
| ||
specific medical, osteopathic, chiropractic or | ||
clinical subject or
technique in a medical, | ||
osteopathic, or chiropractic school, a state or | ||
national medical, osteopathic, or chiropractic | ||
professional association or society conference or | ||
meeting, a hospital
licensed under the Hospital | ||
Licensing Act, a hospital organized
under the | ||
University of Illinois Hospital Act, or a facility | ||
operated
pursuant to the Ambulatory Surgical Treatment | ||
Center Act; and
| ||
(d) that the temporary visiting physician permit | ||
shall only permit the
holder to practice medicine in | ||
all of its branches or practice the
treatment of human | ||
ailments without the use of drugs and without operative
| ||
surgery within the scope of the medical, osteopathic, |
chiropractic, or
clinical studies, or in conjunction | ||
with the state or national medical, osteopathic, or | ||
chiropractic professional association or society | ||
conference or meeting, for which the holder was invited | ||
or appointed.
| ||
(2) The application for the temporary visiting | ||
physician permit shall be
made to the Department, in | ||
writing, on forms prescribed by the
Department, and shall | ||
be accompanied by the required fee established by
rule, | ||
which shall not be refundable. The application shall | ||
require
information that, in the judgment of the | ||
Department, will enable the
Department to pass on the | ||
qualification of the applicant, and the necessity
for the | ||
granting of a temporary visiting physician permit.
| ||
(3) A temporary visiting physician permit shall be | ||
valid for no longer than (i) 180
days
from the date of | ||
issuance or (ii) until the time the medical, osteopathic,
| ||
chiropractic, or clinical studies are completed, or the | ||
state or national medical, osteopathic, or chiropractic | ||
professional association or society conference or meeting | ||
has concluded, whichever occurs first.
| ||
(4) The applicant for a temporary visiting physician | ||
permit may be
required to appear before the Medical | ||
Licensing Board for an interview
prior to, and as a | ||
requirement for, the issuance of a temporary visiting
| ||
physician permit.
|
(5) A limited temporary visiting physician permit | ||
shall be issued to a
physician licensed in another state | ||
who has been requested to perform emergency
procedures in | ||
Illinois if he or she meets the requirements as established | ||
by
rule.
| ||
(C) Visiting resident permit.
| ||
(1) The Department may, in its discretion, issue a | ||
temporary visiting
resident permit, without examination, | ||
provided:
| ||
(a) (blank);
| ||
(b) that the person maintains an equivalent | ||
authorization to practice
medicine in all of its | ||
branches or to practice the treatment of human
ailments | ||
without the use of drugs and without operative surgery | ||
in good
standing in his or her native licensing | ||
jurisdiction during the period of
the temporary | ||
visiting resident permit;
| ||
(c) that the applicant is enrolled in a | ||
postgraduate clinical training
program outside the | ||
State of Illinois that is approved by the Department;
| ||
(d) that the individual has been invited or | ||
appointed for a specific
period of time to perform a | ||
portion of that post graduate clinical training
| ||
program under the supervision of an Illinois licensed | ||
physician in an
Illinois patient care clinic or |
facility that is affiliated with the
out-of-State post | ||
graduate training program; and
| ||
(e) that the temporary visiting resident permit | ||
shall only permit the
holder to practice medicine in | ||
all of its branches or practice the
treatment of human | ||
ailments without the use of drugs and without operative
| ||
surgery within the scope of the medical, osteopathic, | ||
chiropractic or
clinical studies for which the holder | ||
was invited or appointed.
| ||
(2) The application for the temporary visiting | ||
resident permit shall be
made to the Department, in | ||
writing, on forms prescribed by the Department,
and shall | ||
be accompanied by the required fee established by rule. The
| ||
application shall require information that, in the | ||
judgment of the
Department, will enable the Department to | ||
pass on the qualifications of
the applicant.
| ||
(3) A temporary visiting resident permit shall be valid | ||
for 180 days from
the date of issuance or until the time | ||
the medical, osteopathic,
chiropractic, or clinical | ||
studies are completed, whichever occurs first.
| ||
(4) The applicant for a temporary visiting resident | ||
permit may be
required to appear before the Medical | ||
Licensing Board for an interview
prior to, and as a | ||
requirement for, the issuance of a temporary visiting
| ||
resident permit.
| ||
(Source: P.A. 95-915, eff. 8-26-08; 96-398, eff. 8-13-09 .)
|
(225 ILCS 60/19) (from Ch. 111, par. 4400-19)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 19. Licensure by endorsement without examination . The | ||
Department may, in its
discretion,
issue a license by | ||
endorsement without examination to any person who is currently | ||
licensed
to practice medicine in all of its branches,
or a | ||
chiropractic physician to practice the treatment of human | ||
ailments without the
use of drugs or operative surgery , in any | ||
other state,
territory, country or province, upon the following
| ||
conditions and submitting evidence satisfactory to the | ||
Department of the following :
| ||
(A) (Blank);
| ||
(B) That the applicant is of good moral character. In
| ||
determining moral character under this Section, the
| ||
Department may take into consideration whether the | ||
applicant
has engaged in conduct or activities which would | ||
constitute
grounds for discipline under this Act. The | ||
Department may
also request the applicant to submit, and | ||
may consider as
evidence of moral character, endorsements | ||
from 2 or 3
individuals licensed under this Act;
| ||
(C) That the applicant is physically, mentally and
| ||
professionally capable of practicing medicine with
| ||
reasonable judgment, skill and safety. In determining
| ||
physical, mental and professional capacity under this
| ||
Section the Medical Licensing Board may, upon a showing of
|
a possible incapacity, compel an applicant to submit to a
| ||
mental or physical examination and evaluation , or both, in | ||
the same manner as provided in Section 22 and may condition
| ||
or restrict any license, subject to the same terms and
| ||
conditions as are provided for the Medical Disciplinary
| ||
Board under Section 22 of this Act.
The Medical Licensing | ||
Board or the Department may order the examining
physician
| ||
to present testimony concerning this mental or physical | ||
examination of the
applicant. No information shall be | ||
excluded by reason of any common law or
statutory privilege | ||
relating to communications between the applicant and the
| ||
examining physician.
Any condition of
restricted license | ||
shall provide that the Chief Medical
Coordinator or Deputy | ||
Medical Coordinator shall have the
authority to review the | ||
subject physician's compliance with
such conditions or | ||
restrictions, including, where
appropriate, the | ||
physician's record of treatment and
counseling regarding | ||
the impairment, to the extent permitted
by applicable | ||
federal statutes and regulations safeguarding
the | ||
confidentiality of medical records of patients.
| ||
(D) That if the applicant seeks to practice medicine
in | ||
all of its branches:
| ||
(1) if the applicant was licensed in another | ||
jurisdiction prior to
January
1,
1988, that the | ||
applicant has satisfied the educational
requirements | ||
of paragraph (1) of subsection (A) or paragraph (2) of
|
subsection (A) of Section 11 of
this Act; or
| ||
(2) if the applicant was licensed in another | ||
jurisdiction after December
31,
1987, that the | ||
applicant has
satisfied the educational requirements | ||
of paragraph (A)(2)
of Section 11 of this Act; and
| ||
(3) the requirements for a license to practice
| ||
medicine in all of its branches in the particular | ||
state,
territory, country or province in which the | ||
applicant is
licensed are deemed by the Department to | ||
have been
substantially equivalent to the requirements | ||
for a license
to practice medicine in all of its | ||
branches in force in this
State at the date of the | ||
applicant's license;
| ||
(E) That if the applicant seeks to treat human
ailments | ||
without the use of drugs and without operative
surgery:
| ||
(1) the applicant is a graduate of a chiropractic
| ||
school or college approved by the Department at the | ||
time of
their graduation;
| ||
(2) the requirements for the applicant's license | ||
to
practice the treatment of human ailments without the | ||
use of
drugs are deemed by the Department to have been
| ||
substantially equivalent to the requirements for a | ||
license
to practice in this State at the date of the | ||
applicant's
license;
| ||
(F) That the Department may, in its discretion, issue a
| ||
license by endorsement , without examination, to any |
graduate of a
medical or osteopathic college, reputable and
| ||
in good standing in the
judgment of the Department, who has | ||
passed an examination
for admission to the United States | ||
Public Health Service, or
who has passed any other | ||
examination deemed by the
Department to have been at least | ||
equal in all substantial
respects to the examination | ||
required for admission to any
such medical corps;
| ||
(G) That applications for licenses by endorsement | ||
without examination
shall be filed with the Department, | ||
under oath, on forms
prepared and furnished by the | ||
Department, and shall set
forth, and applicants therefor | ||
shall supply such information
respecting the life, | ||
education, professional practice, and
moral character of | ||
applicants as the Department may require
to be filed for | ||
its use;
| ||
(H) That the applicant undergo
the criminal background | ||
check established under Section 9.7 of this Act.
| ||
In the exercise of its discretion under this Section,
the | ||
Department is empowered to consider and evaluate each
applicant | ||
on an individual basis. It may take into account,
among other | ||
things, the extent to which there is or is not
available to the | ||
Department, authentic and definitive
information concerning | ||
the quality of medical education and
clinical training which | ||
the applicant has had. Under no
circumstances shall a license | ||
be issued under the provisions
of this Section to any person | ||
who has previously taken and
failed the written examination |
conducted by the Department
for such license. In the exercise | ||
of its discretion under this Section, the Department may | ||
require an applicant to successfully complete an examination as | ||
recommended by the Licensing Board. In determining moral | ||
character, the
Department may take into consideration whether | ||
the applicant
has engaged in conduct or activities which would | ||
constitute
grounds for discipline under this Act. The | ||
Department may
also request the applicant to submit, and may | ||
consider as
evidence of moral character, evidence from 2 or 3
| ||
individuals licensed under this Act.
Applicants have 3 years | ||
from the date of application to complete the
application | ||
process. If the process has not been completed within 3 years, | ||
the
application shall be denied, the fees shall be forfeited, | ||
and the applicant
must reapply and meet the requirements in | ||
effect at the time of
reapplication.
| ||
(Source: P.A. 89-702, eff. 7-1-97; 90-722, eff. 1-1-99 .)
| ||
(225 ILCS 60/20) (from Ch. 111, par. 4400-20)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 20. Continuing education. The Department shall | ||
promulgate
rules of continuing education for persons licensed | ||
under
this Act that require an average of 50 150 hours of
| ||
continuing education per license year renewal cycle . These | ||
rules
shall be consistent with
requirements of relevant | ||
professional associations, specialty speciality
societies, or | ||
boards. The rules shall also address variances in part or in
|
whole for good cause, including , but not limited to , temporary | ||
illness
or
hardship. In establishing these rules, the
| ||
Department shall consider educational requirements for
medical | ||
staffs, requirements for specialty society board
certification | ||
or for continuing education requirements as a
condition of | ||
membership in societies representing the 2
categories of | ||
licensee under this Act. These rules shall
assure that | ||
licensees are given the opportunity to
participate in those | ||
programs sponsored by or through their
professional | ||
associations or hospitals which are relevant to
their practice. | ||
Each licensee is responsible for maintaining records of
| ||
completion of continuing education and shall be prepared to | ||
produce the
records when requested by the Department.
| ||
(Source: P.A. 92-750, eff. 1-1-03 .)
| ||
(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 21. License renewal; restoration; inactive status; | ||
disposition and
collection of fees. | ||
(A) Renewal. The expiration date and renewal period for | ||
each
license issued under this Act shall be set by rule. The | ||
holder of a
license may renew the license by paying the | ||
required fee. The
holder of a
license may also renew the | ||
license within 90 days after its expiration by
complying with | ||
the requirements for renewal and payment of an additional
fee. | ||
A license renewal within 90 days after expiration shall be |
effective
retroactively to the expiration date.
| ||
The Department shall mail to each licensee under this
Act, | ||
at his or her last known address of record , at least
60 days
in | ||
advance of the expiration date of his or her license, a renewal | ||
notice
of that fact and an application for renewal form . No | ||
such
license shall be deemed to have lapsed until 90 days after | ||
the expiration
date and after such notice has and application | ||
have been mailed by the
Department as herein provided.
| ||
(B) Restoration. Any licensee who has permitted his or her
| ||
license to lapse or who has had his or her license on inactive
| ||
status may have his or her license restored by making | ||
application
to the Department and filing proof acceptable to | ||
the
Department of his or her fitness to have the
license | ||
restored,
including evidence certifying to active practice in | ||
another
jurisdiction satisfactory to the Department, proof of | ||
meeting the continuing
education requirements for one renewal | ||
period, and by paying
the required restoration fee.
| ||
If the licensee has not maintained an active practice
in | ||
another jurisdiction satisfactory to the Department, the
| ||
Licensing Board shall determine, by an evaluation program
| ||
established by rule, the applicant's fitness to resume active
| ||
status
and may require the licensee to complete a period of
| ||
evaluated clinical experience and may require successful
| ||
completion of a the practical examination specified by the | ||
Licensing Board .
| ||
However, any registrant whose license has expired while
he |
or she has been engaged (a) in Federal Service on active
duty
| ||
with the Army of the United States, the United States Navy,
the | ||
Marine Corps, the Air Force, the Coast Guard, the Public
Health | ||
Service or the State Militia called into the service
or | ||
training of the United States of America, or (b) in
training or | ||
education under the supervision of the United
States | ||
preliminary to induction into the military service,
may have | ||
his or her license reinstated or restored without paying
any | ||
lapsed renewal fees, if within 2 years after honorable
| ||
termination of such service, training, or education, he or she
| ||
furnishes to the Department with satisfactory evidence to the
| ||
effect that he or she has been so engaged and that his or
her
| ||
service, training, or education has been so terminated.
| ||
(C) Inactive licenses. Any licensee who notifies the
| ||
Department, in writing on forms prescribed by the
Department, | ||
may elect to place his or her license on an inactive
status and | ||
shall, subject to rules of the Department, be
excused from | ||
payment of renewal fees until he or she notifies the
Department | ||
in writing of his or her desire to resume active
status.
| ||
Any licensee requesting restoration from inactive
status | ||
shall be required to pay the current renewal fee, provide proof | ||
of
meeting the continuing education requirements for the period | ||
of time the
license is inactive not to exceed one renewal | ||
period, and
shall be required to restore his or her license as | ||
provided
in
subsection (B).
| ||
Any licensee whose license is in an inactive status
shall |
not practice in the State of Illinois.
| ||
(D) Disposition of monies collected. All monies
collected | ||
under this Act by the Department shall be
deposited in the | ||
Illinois State Medical Disciplinary Fund in
the State Treasury, | ||
and used only for the following
purposes: (a) by the Medical | ||
Disciplinary
Board and Licensing Board in the exercise of its | ||
powers and performance of its
duties, as such use is made by | ||
the Department with full
consideration of all recommendations | ||
of the Medical
Disciplinary Board and Licensing Board , (b) for | ||
costs directly related to
persons licensed under this Act, and | ||
(c) for direct and allocable indirect
costs related to the | ||
public purposes of the Department of Professional
Regulation .
| ||
Moneys in the Fund may be transferred to the Professions | ||
Indirect Cost Fund
as authorized under Section 2105-300 of the | ||
Department of Professional
Regulation Law (20 ILCS | ||
2105/2105-300).
| ||
All earnings received from investment of monies in the
| ||
Illinois State Medical Disciplinary Fund shall be deposited
in | ||
the Illinois State Medical Disciplinary Fund and shall be
used | ||
for the same purposes as fees deposited in such Fund.
| ||
(E) Fees. The following fees are nonrefundable.
| ||
(1) Applicants for any examination shall be required
to | ||
pay, either to the Department or to the designated
testing | ||
service, a fee covering the cost of determining the
| ||
applicant's eligibility and providing the examination.
| ||
Failure to appear for the examination on the scheduled |
date,
at the time and place specified, after the | ||
applicant's
application for examination has been received | ||
and
acknowledged by the Department or the designated | ||
testing
service, shall result in the forfeiture of the | ||
examination
fee.
| ||
(2) The fee for a license under Section 9 of this Act
| ||
is $300.
| ||
(3) The fee for a license under Section 19 of this Act
| ||
is $300.
| ||
(4) The fee for the renewal of a license for a resident | ||
of Illinois
shall be calculated at the rate of $100 per | ||
year, except for licensees
who were issued a license within | ||
12 months of the expiration date of the
license, the fee | ||
for the renewal shall be $100.
The fee for the renewal
of a | ||
license for a nonresident shall be calculated at the rate | ||
of $200 per
year, except for licensees
who were issued a | ||
license within 12 months of the expiration date of the
| ||
license, the fee for the renewal shall be $200.
| ||
(5) The fee for the restoration of a license other
than | ||
from inactive status, is $100. In addition, payment of all
| ||
lapsed renewal fees not to exceed $600 is required.
| ||
(6) The fee for a 3-year temporary license under
| ||
Section 17 is $100.
| ||
(7) The fee for the issuance of a duplicate license,
| ||
for the issuance of a replacement license for a license
| ||
which has been lost or destroyed, or for the issuance of a
|
license with a change of name or address other than during
| ||
the renewal period is $20. No fee is required for name and
| ||
address changes on Department records when no duplicate
| ||
license is issued.
| ||
(8) The fee to be paid for a license record for any
| ||
purpose is $20.
| ||
(9) The fee to be paid to have the scoring of an
| ||
examination, administered by the Department, reviewed and
| ||
verified, is $20 plus any fees charged by the applicable
| ||
testing service.
| ||
(10) The fee to be paid by a licensee for a wall
| ||
certificate showing his or her license shall be the actual | ||
cost
of producing the certificate as determined by the | ||
Department .
| ||
(11) The fee for a roster of persons licensed as
| ||
physicians in this State shall be the actual cost of
| ||
producing such a roster as determined by the Department .
| ||
(F) Any person who delivers a check or other payment to the | ||
Department that
is returned to the Department unpaid by the | ||
financial institution upon
which it is drawn shall pay to the | ||
Department, in addition to the amount
already owed to the | ||
Department, a fine of $50. The fines imposed by this Section | ||
are in addition
to any other discipline provided under this Act | ||
for unlicensed
practice or practice on a nonrenewed license. | ||
The Department shall notify
the person that payment of fees and | ||
fines shall be paid to the Department
by certified check or |
money order within 30 calendar days of the
notification. If, | ||
after the expiration of 30 days from the date of the
| ||
notification, the person has failed to submit the necessary | ||
remittance, the
Department shall automatically terminate the | ||
license or certificate or deny
the application, without | ||
hearing. If, after termination or denial, the
person seeks a | ||
license or certificate, he or she shall apply to the
Department | ||
for restoration or issuance of the license or certificate and
| ||
pay all fees and fines due to the Department. The Department | ||
may establish
a fee for the processing of an application for | ||
restoration of a license or
certificate to pay all expenses of | ||
processing this application. The Secretary Director
may waive | ||
the fines due under this Section in individual cases where the
| ||
Secretary Director finds that the fines would be unreasonable | ||
or unnecessarily
burdensome.
| ||
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | ||
eff.
6-28-01; 92-146, eff. 1-1-02 .)
| ||
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
(Text of Section WITH the changes made by P.A. 94-677, | ||
which has been held
unconstitutional) | ||
Sec. 22. Disciplinary action.
| ||
(A) The Department may revoke, suspend, place on probation | ||
probationary
status , reprimand, refuse to issue or renew, or | ||
take any other disciplinary or non-disciplinary action as the |
Department may deem proper
with regard to the license or | ||
visiting professor permit of any person issued
under this Act | ||
to practice medicine, or a chiropractic physician, including | ||
imposing fines not to exceed $10,000 for each violation, to | ||
treat human ailments without the use
of drugs and without | ||
operative surgery upon any of the following grounds:
| ||
(1) Performance of an elective abortion in any place, | ||
locale,
facility, or
institution other than:
| ||
(a) a facility licensed pursuant to the Ambulatory | ||
Surgical Treatment
Center Act;
| ||
(b) an institution licensed under the Hospital | ||
Licensing Act;
| ||
(c) an ambulatory surgical treatment center or | ||
hospitalization or care
facility maintained by the | ||
State or any agency thereof, where such department
or | ||
agency has authority under law to establish and enforce | ||
standards for the
ambulatory surgical treatment | ||
centers, hospitalization, or care facilities
under its | ||
management and control;
| ||
(d) ambulatory surgical treatment centers, | ||
hospitalization or care
facilities maintained by the | ||
Federal Government; or
| ||
(e) ambulatory surgical treatment centers, | ||
hospitalization or care
facilities maintained by any | ||
university or college established under the laws
of | ||
this State and supported principally by public funds |
raised by
taxation.
| ||
(2) Performance of an abortion procedure in a wilful | ||
and wanton
manner on a
woman who was not pregnant at the | ||
time the abortion procedure was
performed.
| ||
(3) A plea of guilty or nolo contendere, finding of | ||
guilt, jury verdict, or entry of judgment or sentencing, | ||
including, but not limited to, convictions, preceding | ||
sentences of supervision, conditional discharge, or first | ||
offender probation, under the laws of any jurisdiction of | ||
the United States of any crime that is a felony. The | ||
conviction of a felony in this or any other
jurisdiction, | ||
except as
otherwise provided in subsection B of this | ||
Section, whether or not related to
practice under this Act, | ||
or the entry of a guilty or nolo contendere plea to a
| ||
felony charge.
| ||
(4) Gross negligence in practice under this Act.
| ||
(5) Engaging in dishonorable, unethical or | ||
unprofessional
conduct of a
character likely to deceive, | ||
defraud or harm the public.
| ||
(6) Obtaining any fee by fraud, deceit, or
| ||
misrepresentation.
| ||
(7) Habitual or excessive use or abuse of drugs defined | ||
in law
as
controlled substances, of alcohol, or of any | ||
other substances which results in
the inability to practice | ||
with reasonable judgment, skill or safety.
| ||
(8) Practicing under a false or, except as provided by |
law, an
assumed
name.
| ||
(9) Fraud or misrepresentation in applying for, or | ||
procuring, a
license
under this Act or in connection with | ||
applying for renewal of a license under
this Act.
| ||
(10) Making a false or misleading statement regarding | ||
their
skill or the
efficacy or value of the medicine, | ||
treatment, or remedy prescribed by them at
their direction | ||
in the treatment of any disease or other condition of the | ||
body
or mind.
| ||
(11) Allowing another person or organization to use | ||
their
license, procured
under this Act, to practice.
| ||
(12) Disciplinary action of another state or | ||
jurisdiction
against a license
or other authorization to | ||
practice as a medical doctor, doctor of osteopathy,
doctor | ||
of osteopathic medicine or
doctor of chiropractic, a | ||
certified copy of the record of the action taken by
the | ||
other state or jurisdiction being prima facie evidence | ||
thereof.
| ||
(13) Violation of any provision of this Act or of the | ||
Medical
Practice Act
prior to the repeal of that Act, or | ||
violation of the rules, or a final
administrative action of | ||
the Secretary, after consideration of the
recommendation | ||
of the Disciplinary Board.
| ||
(14) Violation of the prohibition against fee | ||
splitting in Section 22.2 of this Act.
| ||
(15) A finding by the Medical Disciplinary Board that |
the
registrant after
having his or her license placed on | ||
probationary status or subjected to
conditions or | ||
restrictions violated the terms of the probation or failed | ||
to
comply with such terms or conditions.
| ||
(16) Abandonment of a patient.
| ||
(17) Prescribing, selling, administering, | ||
distributing, giving
or
self-administering any drug | ||
classified as a controlled substance (designated
product) | ||
or narcotic for other than medically accepted therapeutic
| ||
purposes.
| ||
(18) Promotion of the sale of drugs, devices, | ||
appliances or
goods provided
for a patient in such manner | ||
as to exploit the patient for financial gain of
the | ||
physician.
| ||
(19) Offering, undertaking or agreeing to cure or treat
| ||
disease by a secret
method, procedure, treatment or | ||
medicine, or the treating, operating or
prescribing for any | ||
human condition by a method, means or procedure which the
| ||
licensee refuses to divulge upon demand of the Department.
| ||
(20) Immoral conduct in the commission of any act | ||
including,
but not limited to, commission of an act of | ||
sexual misconduct related to the
licensee's
practice.
| ||
(21) Wilfully making or filing false records or reports | ||
in his
or her
practice as a physician, including, but not | ||
limited to, false records to
support claims against the | ||
medical assistance program of the Department of Healthcare |
and Family Services (formerly Department of
Public Aid)
| ||
under the Illinois Public Aid Code.
| ||
(22) Wilful omission to file or record, or wilfully | ||
impeding
the filing or
recording, or inducing another | ||
person to omit to file or record, medical
reports as | ||
required by law, or wilfully failing to report an instance | ||
of
suspected abuse or neglect as required by law.
| ||
(23) Being named as a perpetrator in an indicated | ||
report by
the Department
of Children and Family Services | ||
under the Abused and Neglected Child Reporting
Act, and | ||
upon proof by clear and convincing evidence that the | ||
licensee has
caused a child to be an abused child or | ||
neglected child as defined in the
Abused and Neglected | ||
Child Reporting Act.
| ||
(24) Solicitation of professional patronage by any
| ||
corporation, agents or
persons, or profiting from those | ||
representing themselves to be agents of the
licensee.
| ||
(25) Gross and wilful and continued overcharging for
| ||
professional services,
including filing false statements | ||
for collection of fees for which services are
not rendered, | ||
including, but not limited to, filing such false statements | ||
for
collection of monies for services not rendered from the | ||
medical assistance
program of the Department of Healthcare | ||
and Family Services (formerly Department of Public Aid)
| ||
under the Illinois Public Aid
Code.
| ||
(26) A pattern of practice or other behavior which
|
demonstrates
incapacity
or incompetence to practice under | ||
this Act.
| ||
(27) Mental illness or disability which results in the
| ||
inability to
practice under this Act with reasonable | ||
judgment, skill or safety.
| ||
(28) Physical illness, including, but not limited to,
| ||
deterioration through
the aging process, or loss of motor | ||
skill which results in a physician's
inability to practice | ||
under this Act with reasonable judgment, skill or
safety.
| ||
(29) Cheating on or attempt to subvert the licensing
| ||
examinations
administered under this Act.
| ||
(30) Wilfully or negligently violating the | ||
confidentiality
between
physician and patient except as | ||
required by law.
| ||
(31) The use of any false, fraudulent, or deceptive | ||
statement
in any
document connected with practice under | ||
this Act.
| ||
(32) Aiding and abetting an individual not licensed | ||
under this
Act in the
practice of a profession licensed | ||
under this Act.
| ||
(33) Violating state or federal laws or regulations | ||
relating
to controlled
substances, legend
drugs, or | ||
ephedra , as defined in the Ephedra Prohibition Act.
| ||
(34) Failure to report to the Department any adverse | ||
final
action taken
against them by another licensing | ||
jurisdiction (any other state or any
territory of the |
United States or any foreign state or country), by any peer
| ||
review body, by any health care institution, by any | ||
professional society or
association related to practice | ||
under this Act, by any governmental agency, by
any law | ||
enforcement agency, or by any court for acts or conduct | ||
similar to acts
or conduct which would constitute grounds | ||
for action as defined in this
Section.
| ||
(35) Failure to report to the Department surrender of a
| ||
license or
authorization to practice as a medical doctor, a | ||
doctor of osteopathy, a
doctor of osteopathic medicine, or | ||
doctor
of chiropractic in another state or jurisdiction, or | ||
surrender of membership on
any medical staff or in any | ||
medical or professional association or society,
while | ||
under disciplinary investigation by any of those | ||
authorities or bodies,
for acts or conduct similar to acts | ||
or conduct which would constitute grounds
for action as | ||
defined in this Section.
| ||
(36) Failure to report to the Department any adverse | ||
judgment,
settlement,
or award arising from a liability | ||
claim related to acts or conduct similar to
acts or conduct | ||
which would constitute grounds for action as defined in | ||
this
Section.
| ||
(37) Failure to provide copies of medical records as | ||
required
by law.
| ||
(38) Failure to furnish the Department, its | ||
investigators or
representatives, relevant information, |
legally requested by the Department
after consultation | ||
with the Chief Medical Coordinator or the Deputy Medical
| ||
Coordinator.
| ||
(39) Violating the Health Care Worker Self-Referral
| ||
Act.
| ||
(40) Willful failure to provide notice when notice is | ||
required
under the
Parental Notice of Abortion Act of 1995.
| ||
(41) Failure to establish and maintain records of | ||
patient care and
treatment as required by this law.
| ||
(42) Entering into an excessive number of written | ||
collaborative
agreements with licensed advanced practice | ||
nurses resulting in an inability to
adequately | ||
collaborate.
| ||
(43) Repeated failure to adequately collaborate with a | ||
licensed advanced practice nurse.
| ||
Except
for actions involving the ground numbered (26), all | ||
proceedings to suspend,
revoke, place on probationary status, | ||
or take any
other disciplinary action as the Department may | ||
deem proper, with regard to a
license on any of the foregoing | ||
grounds, must be commenced within 5 years next
after receipt by | ||
the Department of a complaint alleging the commission of or
| ||
notice of the conviction order for any of the acts described | ||
herein. Except
for the grounds numbered (8), (9), (26), and | ||
(29), no action shall be commenced more
than 10 years after the | ||
date of the incident or act alleged to have violated
this | ||
Section. For actions involving the ground numbered (26), a |
pattern of practice or other behavior includes all incidents | ||
alleged to be part of the pattern of practice or other behavior | ||
that occurred , or a report pursuant to Section 23 of this Act | ||
received , within the 10-year period preceding the filing of the | ||
complaint. In the event of the settlement of any claim or cause | ||
of action
in favor of the claimant or the reduction to final | ||
judgment of any civil action
in favor of the plaintiff, such | ||
claim, cause of action or civil action being
grounded on the | ||
allegation that a person licensed under this Act was negligent
| ||
in providing care, the Department shall have an additional | ||
period of 2 years
from the date of notification to the | ||
Department under Section 23 of this Act
of such settlement or | ||
final judgment in which to investigate and
commence formal | ||
disciplinary proceedings under Section 36 of this Act, except
| ||
as otherwise provided by law. The time during which the holder | ||
of the license
was outside the State of Illinois shall not be | ||
included within any period of
time limiting the commencement of | ||
disciplinary action by the Department.
| ||
The entry of an order or judgment by any circuit court | ||
establishing that any
person holding a license under this Act | ||
is a person in need of mental treatment
operates as a | ||
suspension of that license. That person may resume their
| ||
practice only upon the entry of a Departmental order based upon | ||
a finding by
the Medical Disciplinary Board that they have been | ||
determined to be recovered
from mental illness by the court and | ||
upon the Disciplinary Board's
recommendation that they be |
permitted to resume their practice.
| ||
The Department may refuse to issue or take disciplinary | ||
action concerning the license of any person
who fails to file a | ||
return, or to pay the tax, penalty or interest shown in a
filed | ||
return, or to pay any final assessment of tax, penalty or | ||
interest, as
required by any tax Act administered by the | ||
Illinois Department of Revenue,
until such time as the | ||
requirements of any such tax Act are satisfied as
determined by | ||
the Illinois Department of Revenue.
| ||
The Department, upon the recommendation of the | ||
Disciplinary Board, shall
adopt rules which set forth standards | ||
to be used in determining:
| ||
(a) when a person will be deemed sufficiently | ||
rehabilitated to warrant the
public trust;
| ||
(b) what constitutes dishonorable, unethical or | ||
unprofessional conduct of
a character likely to deceive, | ||
defraud, or harm the public;
| ||
(c) what constitutes immoral conduct in the commission | ||
of any act,
including, but not limited to, commission of an | ||
act of sexual misconduct
related
to the licensee's | ||
practice; and
| ||
(d) what constitutes gross negligence in the practice | ||
of medicine.
| ||
However, no such rule shall be admissible into evidence in | ||
any civil action
except for review of a licensing or other | ||
disciplinary action under this Act.
|
In enforcing this Section, the Medical Disciplinary Board | ||
or the Licensing Board ,
upon a showing of a possible violation, | ||
may compel , in the case of the Disciplinary Board, any | ||
individual who is licensed to
practice under this Act or holds | ||
a permit to practice under this Act , or , in the case of the | ||
Licensing Board, any individual who has applied for licensure | ||
or a permit
pursuant to this Act, to submit to a mental or | ||
physical examination and evaluation , or both,
which may include | ||
a substance abuse or sexual offender evaluation, as required by | ||
the Licensing Board or Disciplinary Board and at the expense of | ||
the Department. The Disciplinary Board or Licensing Board shall | ||
specifically designate the examining physician licensed to | ||
practice medicine in all of its branches or, if applicable, the | ||
multidisciplinary team involved in providing the mental or | ||
physical examination and evaluation, or both. The | ||
multidisciplinary team shall be led by a physician licensed to | ||
practice medicine in all of its branches and may consist of one | ||
or more or a combination of physicians licensed to practice | ||
medicine in all of its branches, licensed chiropractic | ||
physicians, licensed clinical psychologists, licensed clinical | ||
social workers, licensed clinical professional counselors, and | ||
other professional and administrative staff. Any examining | ||
physician or member of the multidisciplinary team may require | ||
any person ordered to submit to an examination and evaluation | ||
pursuant to this Section to submit to any additional | ||
supplemental testing deemed necessary to complete any |
examination or evaluation process, including, but not limited | ||
to, blood testing, urinalysis, psychological testing, or | ||
neuropsychological testing. The examining physician
or | ||
physicians shall be those specifically designated by the | ||
Disciplinary Board.
The Medical Disciplinary Board , the | ||
Licensing Board, or the Department may order the examining
| ||
physician or any member of the multidisciplinary team to | ||
provide to the Department, the Disciplinary Board, or the | ||
Licensing Board any and all records, including business | ||
records, that relate to the examination and evaluation, | ||
including any supplemental testing performed. The Disciplinary | ||
Board, the Licensing Board, or the Department may order the | ||
examining physician or any member of the multidisciplinary team | ||
to present testimony concerning this mental or physical | ||
examination
and evaluation of the licensee , permit holder, or | ||
applicant , including testimony concerning any supplemental | ||
testing or documents relating to the examination and | ||
evaluation . No information , report, record, or other documents | ||
in any way related to the examination and evaluation shall be | ||
excluded by reason of
any common
law or statutory privilege | ||
relating to communication between the licensee or
applicant and
| ||
the examining physician or any member of the multidisciplinary | ||
team .
No authorization is necessary from the licensee, permit | ||
holder, or applicant ordered to undergo an evaluation and | ||
examination for the examining physician or any member of the | ||
multidisciplinary team to provide information, reports, |
records, or other documents or to provide any testimony | ||
regarding the examination and evaluation. The individual to be | ||
examined may have, at his or her own expense, another
physician | ||
of his or her choice present during all aspects of the | ||
examination.
Failure of any individual to submit to mental or | ||
physical examination and evaluation, or both , when
directed, | ||
shall result in an automatic be grounds for suspension , without | ||
hearing, of his or her license until such time
as the | ||
individual submits to the examination if the Disciplinary Board | ||
finds,
after notice and hearing, that the refusal to submit to | ||
the examination was
without reasonable cause . If the | ||
Disciplinary Board finds a physician unable
to practice because | ||
of the reasons set forth in this Section, the Disciplinary
| ||
Board shall require such physician to submit to care, | ||
counseling, or treatment
by physicians approved or designated | ||
by the Disciplinary Board, as a condition
for continued, | ||
reinstated, or renewed licensure to practice. Any physician,
| ||
whose license was granted pursuant to Sections 9, 17, or 19 of | ||
this Act, or,
continued, reinstated, renewed, disciplined or | ||
supervised, subject to such
terms, conditions or restrictions | ||
who shall fail to comply with such terms,
conditions or | ||
restrictions, or to complete a required program of care,
| ||
counseling, or treatment, as determined by the Chief Medical | ||
Coordinator or
Deputy Medical Coordinators, shall be referred | ||
to the Secretary for a
determination as to whether the licensee | ||
shall have their license suspended
immediately, pending a |
hearing by the Disciplinary Board. In instances in
which the | ||
Secretary immediately suspends a license under this Section, a | ||
hearing
upon such person's license must be convened by the | ||
Disciplinary Board within 15
days after such suspension and | ||
completed without appreciable delay. The
Disciplinary Board | ||
shall have the authority to review the subject physician's
| ||
record of treatment and counseling regarding the impairment, to | ||
the extent
permitted by applicable federal statutes and | ||
regulations safeguarding the
confidentiality of medical | ||
records.
| ||
An individual licensed under this Act, affected under this | ||
Section, shall be
afforded an opportunity to demonstrate to the | ||
Disciplinary Board that they can
resume practice in compliance | ||
with acceptable and prevailing standards under
the provisions | ||
of their license.
| ||
The Department may promulgate rules for the imposition of | ||
fines in
disciplinary cases, not to exceed
$10,000 for each | ||
violation of this Act. Fines
may be imposed in conjunction with | ||
other forms of disciplinary action, but
shall not be the | ||
exclusive disposition of any disciplinary action arising out
of | ||
conduct resulting in death or injury to a patient. Any funds | ||
collected from
such fines shall be deposited in the Medical | ||
Disciplinary Fund.
| ||
(B) The Department shall revoke the license or visiting
| ||
permit of any person issued under this Act to practice medicine | ||
or a chiropractic physician to treat
human ailments without the |
use of drugs and without operative surgery, who
has been | ||
convicted a second time of committing any felony under the
| ||
Illinois Controlled Substances Act or the Methamphetamine | ||
Control and Community Protection Act, or who has been convicted | ||
a second time of
committing a Class 1 felony under Sections | ||
8A-3 and 8A-6 of the Illinois Public
Aid Code. A person whose | ||
license or visiting permit is revoked
under
this subsection B | ||
of Section 22 of this Act shall be prohibited from practicing
| ||
medicine or treating human ailments without the use of drugs | ||
and without
operative surgery.
| ||
(C) The Medical Disciplinary Board shall recommend to the
| ||
Department civil
penalties and any other appropriate | ||
discipline in disciplinary cases when the
Board finds that a | ||
physician willfully performed an abortion with actual
| ||
knowledge that the person upon whom the abortion has been | ||
performed is a minor
or an incompetent person without notice as | ||
required under the Parental Notice
of Abortion Act of 1995. | ||
Upon the Board's recommendation, the Department shall
impose, | ||
for the first violation, a civil penalty of $1,000 and for a | ||
second or
subsequent violation, a civil penalty of $5,000.
| ||
(Source: P.A. 94-566, eff. 9-11-05; 94-677, eff. 8-25-05 ; | ||
95-331, eff. 8-21-07; 96-608, eff. 8-24-09; 96-1000, eff. | ||
7-2-10.)
| ||
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||
(Section scheduled to be repealed on November 30, 2011)
|
(Text of Section WITH the changes made by P.A. 94-677, | ||
which has been held
unconstitutional, and by P.A. 96-1372, | ||
which amended language added by P.A. 94-677) | ||
Sec. 23. Reports relating to professional conduct
and | ||
capacity. | ||
(A) Entities required to report.
| ||
(1) Health care institutions. The chief administrator
| ||
or executive officer of any health care institution | ||
licensed
by the Illinois Department of Public Health shall | ||
report to
the Disciplinary Board when any person's clinical | ||
privileges
are terminated or are restricted based on a | ||
final
determination made , in accordance with that | ||
institution's by-laws
or rules and regulations , that a | ||
person has either committed
an act or acts which may | ||
directly threaten patient care , and not of an
| ||
administrative nature, or that a person may be mentally or
| ||
physically disabled in such a manner as to endanger | ||
patients
under that person's care. Such officer also shall | ||
report if
a person accepts voluntary termination or | ||
restriction of
clinical privileges in lieu of formal action | ||
based upon conduct related
directly to patient care and
not | ||
of an administrative nature, or in lieu of formal action
| ||
seeking to determine whether a person may be mentally or
| ||
physically disabled in such a manner as to endanger | ||
patients
under that person's care. The Medical | ||
Disciplinary Board
shall, by rule, provide for the |
reporting to it by health care institutions of all
| ||
instances in which a person, licensed under this Act, who | ||
is
impaired by reason of age, drug or alcohol abuse or | ||
physical
or mental impairment, is under supervision and, | ||
where
appropriate, is in a program of rehabilitation. Such
| ||
reports shall be strictly confidential and may be reviewed
| ||
and considered only by the members of the Disciplinary
| ||
Board, or by authorized staff as provided by rules of the
| ||
Disciplinary Board. Provisions shall be made for the
| ||
periodic report of the status of any such person not less
| ||
than twice annually in order that the Disciplinary Board
| ||
shall have current information upon which to determine the
| ||
status of any such person. Such initial and periodic
| ||
reports of impaired physicians shall not be considered
| ||
records within the meaning of The State Records Act and
| ||
shall be disposed of, following a determination by the
| ||
Disciplinary Board that such reports are no longer | ||
required,
in a manner and at such time as the Disciplinary | ||
Board shall
determine by rule. The filing of such reports | ||
shall be
construed as the filing of a report for purposes | ||
of
subsection (C) of this Section.
| ||
(2) Professional associations. The President or chief
| ||
executive officer of any association or society, of persons
| ||
licensed under this Act, operating within this State shall
| ||
report to the Disciplinary Board when the association or
| ||
society renders a final determination that a person has
|
committed unprofessional conduct related directly to | ||
patient
care or that a person may be mentally or physically | ||
disabled
in such a manner as to endanger patients under | ||
that person's
care.
| ||
(3) Professional liability insurers. Every insurance
| ||
company which offers policies of professional liability
| ||
insurance to persons licensed under this Act, or any other
| ||
entity which seeks to indemnify the professional liability
| ||
of a person licensed under this Act, shall report to the
| ||
Disciplinary Board the settlement of any claim or cause of
| ||
action, or final judgment rendered in any cause of action,
| ||
which alleged negligence in the furnishing of medical care
| ||
by such licensed person when such settlement or final
| ||
judgment is in favor of the plaintiff.
| ||
(4) State's Attorneys. The State's Attorney of each
| ||
county shall report to the Disciplinary Board , within 5 | ||
days, any all instances
in which a person licensed under | ||
this Act is convicted or
otherwise found guilty of the | ||
commission of any felony or Class A misdemeanor . The | ||
State's Attorney
of each county may report to the | ||
Disciplinary Board through a verified
complaint any | ||
instance in which the State's Attorney believes that a | ||
physician
has willfully violated the notice requirements | ||
of the Parental Notice of
Abortion Act of 1995.
| ||
(5) State agencies. All agencies, boards,
commissions, | ||
departments, or other instrumentalities of the
government |
of the State of Illinois shall report to the
Disciplinary | ||
Board any instance arising in connection with
the | ||
operations of such agency, including the administration
of | ||
any law by such agency, in which a person licensed under
| ||
this Act has either committed an act or acts which may be a
| ||
violation of this Act or which may constitute | ||
unprofessional
conduct related directly to patient care or | ||
which indicates
that a person licensed under this Act may | ||
be mentally or
physically disabled in such a manner as to | ||
endanger patients
under that person's care.
| ||
(B) Mandatory reporting. All reports required by items | ||
(34), (35), and
(36) of subsection (A) of Section 22 and by | ||
Section 23 shall be submitted to the Disciplinary Board in a | ||
timely
fashion. Unless otherwise provided in this Section, the | ||
The reports shall be filed in writing within 60
days after a | ||
determination that a report is required under
this Act. All | ||
reports shall contain the following
information:
| ||
(1) The name, address and telephone number of the
| ||
person making the report.
| ||
(2) The name, address and telephone number of the
| ||
person who is the subject of the report.
| ||
(3) The name and date of birth of any
patient or | ||
patients whose treatment is a subject of the
report, if | ||
available, or other means of identification if such | ||
information is not available, identification of the | ||
hospital or other
healthcare facility where the care at |
issue in the report was rendered,
provided, however, no | ||
medical records may be
revealed.
| ||
(4) A brief description of the facts which gave rise
to | ||
the issuance of the report, including the dates of any
| ||
occurrences deemed to necessitate the filing of the report.
| ||
(5) If court action is involved, the identity of the
| ||
court in which the action is filed, along with the docket
| ||
number and date of filing of the action.
| ||
(6) Any further pertinent information which the
| ||
reporting party deems to be an aid in the evaluation of the
| ||
report.
| ||
The Disciplinary Board or Department may also exercise the | ||
power under Section
38 of this Act to subpoena copies of | ||
hospital or medical records in mandatory
report cases alleging | ||
death or permanent bodily injury. Appropriate
rules shall be | ||
adopted by the Department with the approval of the Disciplinary
| ||
Board.
| ||
When the Department has received written reports | ||
concerning incidents
required to be reported in items (34), | ||
(35), and (36) of subsection (A) of
Section 22, the licensee's | ||
failure to report the incident to the Department
under those | ||
items shall not be the sole grounds for disciplinary action.
| ||
Nothing contained in this Section shall act to in any
way, | ||
waive or modify the confidentiality of medical reports
and | ||
committee reports to the extent provided by law. Any
| ||
information reported or disclosed shall be kept for the
|
confidential use of the Disciplinary Board, the Medical
| ||
Coordinators, the Disciplinary Board's attorneys, the
medical | ||
investigative staff, and authorized clerical staff,
as | ||
provided in this Act, and shall be afforded the same
status as | ||
is provided information concerning medical studies
in Part 21 | ||
of Article VIII of the Code of Civil Procedure, except that the | ||
Department may disclose information and documents to a federal, | ||
State, or local law enforcement agency pursuant to a subpoena | ||
in an ongoing criminal investigation or to a health care | ||
licensing body or medical licensing authority of this State or | ||
another state or jurisdiction pursuant to an official request | ||
made by that licensing body or medical licensing authority . | ||
Furthermore, information and documents disclosed to a federal, | ||
State, or local law enforcement agency may be used by that | ||
agency only for the investigation and prosecution of a criminal | ||
offense, or, in the case of disclosure to a health care | ||
licensing body or medical licensing authority , only for | ||
investigations and disciplinary action proceedings with regard | ||
to a license. Information and documents disclosed to the | ||
Department of Public Health may be used by that Department only | ||
for investigation and disciplinary action regarding the | ||
license of a health care institution licensed by the Department | ||
of Public Health.
| ||
(C) Immunity from prosecution. Any individual or
| ||
organization acting in good faith, and not in a wilful and
| ||
wanton manner, in complying with this Act by providing any
|
report or other information to the Disciplinary Board or a peer | ||
review committee, or
assisting in the investigation or | ||
preparation of such
information, or by voluntarily reporting to | ||
the Disciplinary Board
or a peer review committee information | ||
regarding alleged errors or negligence by a person licensed | ||
under this Act, or by participating in proceedings of the
| ||
Disciplinary Board or a peer review committee, or by serving as | ||
a member of the
Disciplinary Board or a peer review committee, | ||
shall not, as a result of such actions,
be subject to criminal | ||
prosecution or civil damages.
| ||
(D) Indemnification. Members of the Disciplinary
Board, | ||
the Medical Coordinators, the Disciplinary Board's
attorneys, | ||
the medical investigative staff, physicians
retained under | ||
contract to assist and advise the medical
coordinators in the | ||
investigation, and authorized clerical
staff shall be | ||
indemnified by the State for any actions
occurring within the | ||
scope of services on the Disciplinary
Board, done in good faith | ||
and not wilful and wanton in
nature. The Attorney General shall | ||
defend all such actions
unless he or she determines either that | ||
there would be a
conflict of interest in such representation or | ||
that the
actions complained of were not in good faith or were | ||
wilful
and wanton.
| ||
Should the Attorney General decline representation, the
| ||
member shall have the right to employ counsel of his or her
| ||
choice, whose fees shall be provided by the State, after
| ||
approval by the Attorney General, unless there is a
|
determination by a court that the member's actions were not
in | ||
good faith or were wilful and wanton.
| ||
The member must notify the Attorney General within 7
days | ||
of receipt of notice of the initiation of any action
involving | ||
services of the Disciplinary Board. Failure to so
notify the | ||
Attorney General shall constitute an absolute
waiver of the | ||
right to a defense and indemnification.
| ||
The Attorney General shall determine within 7 days
after | ||
receiving such notice, whether he or she will
undertake to | ||
represent the member.
| ||
(E) Deliberations of Disciplinary Board. Upon the
receipt | ||
of any report called for by this Act, other than
those reports | ||
of impaired persons licensed under this Act
required pursuant | ||
to the rules of the Disciplinary Board,
the Disciplinary Board | ||
shall notify in writing, by certified
mail, the person who is | ||
the subject of the report. Such
notification shall be made | ||
within 30 days of receipt by the
Disciplinary Board of the | ||
report.
| ||
The notification shall include a written notice setting
| ||
forth the person's right to examine the report. Included in
| ||
such notification shall be the address at which the file is
| ||
maintained, the name of the custodian of the reports, and
the | ||
telephone number at which the custodian may be reached.
The | ||
person who is the subject of the report shall submit a written | ||
statement responding,
clarifying, adding to, or proposing the | ||
amending of the
report previously filed. The person who is the |
subject of the report shall also submit with the written | ||
statement any medical records related to the report. The | ||
statement and accompanying medical records shall become a
| ||
permanent part of the file and must be received by the
| ||
Disciplinary Board no more than
30 days after the date on
which | ||
the person was notified by the Disciplinary Board of the | ||
existence of
the
original report.
| ||
The Disciplinary Board shall review all reports
received by | ||
it, together with any supporting information and
responding | ||
statements submitted by persons who are the
subject of reports. | ||
The review by the Disciplinary Board
shall be in a timely | ||
manner but in no event, shall the
Disciplinary Board's initial | ||
review of the material
contained in each disciplinary file be | ||
less than 61 days nor
more than 180 days after the receipt of | ||
the initial report
by the Disciplinary Board.
| ||
When the Disciplinary Board makes its initial review of
the | ||
materials contained within its disciplinary files, the
| ||
Disciplinary Board shall, in writing, make a determination
as | ||
to whether there are sufficient facts to warrant further
| ||
investigation or action. Failure to make such determination
| ||
within the time provided shall be deemed to be a
determination | ||
that there are not sufficient facts to warrant
further | ||
investigation or action.
| ||
Should the Disciplinary Board find that there are not
| ||
sufficient facts to warrant further investigation, or
action, | ||
the report shall be accepted for filing and the
matter shall be |
deemed closed and so reported to the Secretary. The Secretary
| ||
shall then have 30 days to accept the Medical Disciplinary | ||
Board's decision or
request further investigation. The | ||
Secretary shall inform the Board in writing
of the decision to | ||
request further investigation, including the specific
reasons | ||
for the decision. The
individual or entity filing the original | ||
report or complaint
and the person who is the subject of the | ||
report or complaint
shall be notified in writing by the | ||
Secretary of
any final action on their report or complaint. The | ||
Department shall disclose to the individual or entity who filed | ||
the original report or complaint, on request, the status of the | ||
Disciplinary Board's review of a specific report or complaint. | ||
Such request may be made at any time, including prior to the | ||
Disciplinary Board's determination as to whether there are | ||
sufficient facts to warrant further investigation or action.
| ||
(F) Summary reports. The Disciplinary Board shall
prepare, | ||
on a timely basis, but in no event less than once
every other | ||
month, a summary report of final disciplinary actions taken
| ||
upon disciplinary files maintained by the Disciplinary Board.
| ||
The summary reports shall be made available to the public upon | ||
request and payment of the fees set by the Department. This | ||
publication may be made available to the public on the | ||
Department's Internet website. Information or documentation | ||
relating to any disciplinary file that is closed without | ||
disciplinary action taken shall not be disclosed and shall be | ||
afforded the same status as is provided by Part 21 of Article |
VIII of the Code of Civil Procedure.
| ||
(G) Any violation of this Section shall be a Class A
| ||
misdemeanor.
| ||
(H) If any such person violates the provisions of this
| ||
Section an action may be brought in the name of the People
of | ||
the State of Illinois, through the Attorney General of
the | ||
State of Illinois, for an order enjoining such violation
or for | ||
an order enforcing compliance with this Section.
Upon filing of | ||
a verified petition in such court, the court
may issue a | ||
temporary restraining order without notice or
bond and may | ||
preliminarily or permanently enjoin such
violation, and if it | ||
is established that such person has
violated or is violating | ||
the injunction, the court may
punish the offender for contempt | ||
of court. Proceedings
under this paragraph shall be in addition | ||
to, and not in
lieu of, all other remedies and penalties | ||
provided for by
this Section.
| ||
(Source: P.A. 96-1372, eff. 7-29-10; P.A. 97-449, eff. 1-1-12.)
| ||
(225 ILCS 60/24) (from Ch. 111, par. 4400-24)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
(Text of Section WITH the changes made by P.A. 94-677, | ||
which has been held
unconstitutional) | ||
Sec. 24. Report of violations; medical associations. Any | ||
physician
licensed under this Act, the
Illinois State Medical | ||
Society, the Illinois Association of
Osteopathic Physicians | ||
and Surgeons, the Illinois
Chiropractic Society, the Illinois |
Prairie State Chiropractic Association,
or any component | ||
societies of any of
these 4 groups, and any other person, may | ||
report to the
Disciplinary Board any information the physician,
| ||
association, society, or person may have that appears to
show | ||
that a physician is or may be in violation of any of
the | ||
provisions of Section 22 of this Act.
| ||
The Department may enter into agreements with the
Illinois | ||
State Medical Society, the Illinois Association of
Osteopathic | ||
Physicians and Surgeons, the Illinois Prairie State | ||
Chiropractic
Association, or the Illinois
Chiropractic Society | ||
to allow these
organizations to assist the Disciplinary Board | ||
in the review
of alleged violations of this Act. Subject to the | ||
approval
of the Department, any organization party to such an
| ||
agreement may subcontract with other individuals or
| ||
organizations to assist in review.
| ||
Any physician, association, society, or person
| ||
participating in good faith in the making of a report under
| ||
this Act or participating in or assisting with an
investigation | ||
or review under this Act shall have
immunity from any civil, | ||
criminal, or other liability that might result by reason of | ||
those actions.
| ||
The medical information in the custody of an entity
under | ||
contract with the Department participating in an
investigation | ||
or review shall be privileged and confidential
to the same | ||
extent as are information and reports under the
provisions of | ||
Part 21 of Article VIII of the Code of Civil
Procedure.
|
Upon request by the Department after a mandatory report has | ||
been filed with the Department, an attorney for any party | ||
seeking to recover damages for
injuries or death by reason of | ||
medical, hospital, or other healing art
malpractice shall | ||
provide patient records related to the physician involved in | ||
the disciplinary proceeding to the Department within 30 days of | ||
the Department's request for use by the Department in any | ||
disciplinary matter under this Act. An attorney who provides | ||
patient records to the Department in accordance with this | ||
requirement shall not be deemed to have violated any | ||
attorney-client privilege. Notwithstanding any other provision | ||
of law, consent by a patient shall not be required for the | ||
provision of patient records in accordance with this | ||
requirement.
| ||
For the purpose of any civil or criminal proceedings,
the | ||
good faith of any physician, association, society
or person | ||
shall be presumed. The Disciplinary Board may
request the | ||
Illinois State Medical Society, the Illinois
Association of | ||
Osteopathic Physicians and Surgeons, the Illinois Prairie
| ||
State Chiropractic Association, or the
Illinois Chiropractic | ||
Society to assist the Disciplinary
Board in preparing for or | ||
conducting any medical competency
examination as the Board may | ||
deem appropriate.
| ||
(Source: P.A. 94-677, eff. 8-25-05 .)
| ||
(225 ILCS 60/25) (from Ch. 111, par. 4400-25)
|
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 25. The Secretary Director of the Department may, upon | ||
receipt of a written
communication from the Secretary of Human | ||
Services, the Director of Healthcare and Family Services | ||
(formerly Director of
Public Aid), or the Director of Public | ||
Health
that continuation of practice of a person licensed under
| ||
this Act constitutes an immediate danger to the public, and
| ||
after consultation with the Chief Medical Coordinator or
Deputy | ||
Medical Coordinator, immediately suspend the license
of such | ||
person without a hearing. In instances in which the
Secretary | ||
Director immediately suspends a license under this Section,
a | ||
hearing upon such person's license must be convened by the
| ||
Disciplinary Board within 15 days after such suspension and
| ||
completed without appreciable delay. Such hearing is to be
held | ||
to determine whether to recommend to the Secretary Director | ||
that
the person's license be revoked, suspended, placed on
| ||
probationary status or reinstated, or whether such person
| ||
should be subject to other disciplinary action. In the
hearing, | ||
the written communication and any other evidence
submitted | ||
therewith may be introduced as evidence against
such person; | ||
provided however, the person, or their
counsel, shall have the | ||
opportunity to discredit, impeach
and submit evidence | ||
rebutting such evidence.
| ||
(Source: P.A. 95-331, eff. 8-21-07 .)
| ||
(225 ILCS 60/26) (from Ch. 111, par. 4400-26)
|
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 26. Advertising.
| ||
(1) Any person licensed under this Act may
advertise the | ||
availability of professional services in the
public media or on | ||
the premises where such professional
services are rendered. | ||
Such advertising shall be limited to
the following information:
| ||
(a) Publication of the person's name, title, office
| ||
hours, address and telephone number;
| ||
(b) Information pertaining to the person's areas of
| ||
specialization, including appropriate board certification | ||
or
limitation of professional practice;
| ||
(c) Information on usual and customary fees for
routine | ||
professional services offered, which information
shall | ||
include, notification that fees may be adjusted due to
| ||
complications or unforeseen circumstances;
| ||
(d) Announcement of the opening of, change of, absence
| ||
from, or return to business;
| ||
(e) Announcement of additions to or deletions from
| ||
professional licensed staff;
| ||
(f) The issuance of business or appointment cards.
| ||
(2) It is unlawful for any person licensed under this Act
| ||
to use testimonials or claims of superior quality of care to
| ||
entice the public. It shall be unlawful to advertise fee
| ||
comparisons of available services with those of other
persons | ||
licensed under this Act.
| ||
(3) This Act does not authorize the advertising of
|
professional services which the offeror of such services is
not | ||
licensed to render. Nor shall the advertiser use
statements | ||
which contain false, fraudulent, deceptive or
misleading | ||
material or guarantees of success, statements
which play upon | ||
the vanity or fears of the public, or
statements which promote | ||
or produce unfair competition.
| ||
(4) A licensee shall include in every advertisement for | ||
services regulated
under
this Act his or her title as it | ||
appears on the license or the initials
authorized under this | ||
Act.
| ||
(Source: P.A. 91-310, eff. 1-1-00 .)
| ||
(225 ILCS 60/33) (from Ch. 111, par. 4400-33)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 33. Any person licensed under this Act to practice | ||
medicine in all
of its branches shall be authorized to purchase | ||
legend drugs requiring an
order of a person authorized to | ||
prescribe drugs, and to dispense such legend
drugs in the | ||
regular course of practicing medicine. The dispensing of such
| ||
legend drugs shall be the personal act of the person licensed | ||
under this
Act and may not be delegated to any other person not | ||
licensed under this
Act or the Pharmacy Practice Act
unless | ||
such delegated
dispensing functions are under the direct | ||
supervision of the physician
authorized to dispense legend | ||
drugs. Except when dispensing manufacturers'
samples or other | ||
legend drugs in a maximum 72 hour supply, persons licensed
|
under this Act shall maintain a book or file of prescriptions | ||
as required
in the Pharmacy Practice Act. Any person licensed | ||
under this
Act who dispenses any drug or medicine shall | ||
dispense such drug or
medicine in good faith and shall affix to | ||
the box, bottle,
vessel or package containing the same a label | ||
indicating (a)
the date on which such drug or medicine is | ||
dispensed; (b)
the name of the patient; (c) the last name of | ||
the person
dispensing such drug or medicine; (d) the directions | ||
for use
thereof; and (e) the proprietary name or names or, if | ||
there
are none, the established name or names of the drug or
| ||
medicine, the dosage and quantity, except as otherwise
| ||
authorized by regulation of the Department of Professional | ||
Regulation .
The foregoing labeling requirements shall
not | ||
apply to drugs or medicines in a package which bears a label of | ||
the
manufacturer containing information describing its | ||
contents
which is in compliance with requirements of the | ||
Federal
Food, Drug, and Cosmetic Act and the Illinois Food, | ||
Drug, and Cosmetic Act.
"Drug" and "medicine" have the meaning | ||
ascribed to them in the Pharmacy Practice
Act, as now or | ||
hereafter amended; "good faith" has the meaning
ascribed to it | ||
in subsection (v) of Section 102 of the "Illinois Controlled
| ||
Substances Act", approved August 16, 1971, as amended.
| ||
Prior to dispensing a prescription to a patient, the | ||
physician shall
offer a written prescription to the patient | ||
which the patient may elect to
have filled by the physician or | ||
any licensed pharmacy.
|
A violation of any provision of this Section shall | ||
constitute a violation
of this Act and shall be grounds for | ||
disciplinary action provided for in
this Act.
| ||
Nothing in this Section shall be construed to authorize a | ||
chiropractic physician to prescribe drugs. | ||
(Source: P.A. 95-689, eff. 10-29-07 .)
| ||
(225 ILCS 60/35) (from Ch. 111, par. 4400-35)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 35.
The Secretary Director shall have the authority to
| ||
appoint an attorney duly licensed to practice law in the
State | ||
of Illinois to serve as the hearing officer in any
action to | ||
suspend, revoke, place on probationary status, or
take any | ||
other disciplinary action with regard to a license.
The hearing | ||
officer shall have full authority to conduct the
hearing. The | ||
hearing officer shall report his findings and
recommendations | ||
to the Disciplinary Board within 30 days of
the receipt of the | ||
record. The Disciplinary Board shall
have 60 days from receipt | ||
of the report to review the report
of the hearing officer and | ||
present their findings of fact,
conclusions of law and | ||
recommendations to the Secretary Director .
| ||
(Source: P.A. 85-4 .)
| ||
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
(Text of Section WITH the changes made by P.A. 94-677, |
which has been held
unconstitutional, and by P.A. 96-1372, | ||
which amended language added by P.A. 94-677) | ||
Sec. 36. Upon the motion of either the Department
or the | ||
Disciplinary Board or upon the verified complaint in
writing of | ||
any person setting forth facts which, if proven,
would | ||
constitute grounds for suspension or revocation under
Section | ||
22 of this Act, the Department shall investigate the
actions of | ||
any person, so accused, who holds or represents
that they hold | ||
a license. Such person is hereinafter called
the accused.
| ||
The Department shall, before suspending, revoking,
placing | ||
on probationary status, or taking any other
disciplinary action | ||
as the Department may deem proper with
regard to any license at | ||
least 30 days prior to the date set
for the hearing, notify the | ||
accused in writing of any
charges made and the time and place | ||
for a hearing of the
charges before the Disciplinary Board, | ||
direct them to file
their written answer thereto to the | ||
Disciplinary Board under
oath within 20 days after the service | ||
on them of such notice
and inform them that if they fail to | ||
file such answer
default will be taken against them and their | ||
license may be
suspended, revoked, placed on probationary | ||
status, or have
other disciplinary action, including limiting | ||
the scope,
nature or extent of their practice, as the | ||
Department may
deem proper taken with regard thereto. The | ||
Department shall, at least 14 days prior to the date set for | ||
the hearing, notify in writing any person who filed a complaint | ||
against the accused of the time and place for the hearing of |
the charges against the accused before the Disciplinary Board | ||
and inform such person whether he or she may provide testimony | ||
at the hearing.
| ||
Where a physician has been found, upon complaint and
| ||
investigation of the Department, and after hearing, to have
| ||
performed an abortion procedure in a wilful and wanton
manner | ||
upon a woman who was not pregnant at the time such
abortion | ||
procedure was performed, the Department shall
automatically | ||
revoke the license of such physician to
practice medicine in | ||
Illinois.
| ||
Such written notice and any notice in such proceedings
| ||
thereafter may be served by delivery of the same,
personally, | ||
to the accused person, or by mailing the same by
registered or | ||
certified mail to the accused person's address of record the | ||
address last theretofore
specified by the accused in their last | ||
notification to the
Department .
| ||
All information gathered by the Department during its | ||
investigation
including information subpoenaed
under Section | ||
23 or 38 of this Act and the investigative file shall be kept | ||
for
the confidential use of the Secretary, Disciplinary Board, | ||
the Medical
Coordinators, persons employed by contract to | ||
advise the Medical Coordinator or
the Department, the
| ||
Disciplinary Board's attorneys, the medical investigative | ||
staff, and authorized
clerical staff, as provided in this Act | ||
and shall be afforded the same status
as is provided | ||
information concerning medical studies in Part 21 of Article
|
VIII of the Code of Civil Procedure, except that the Department | ||
may disclose information and documents to a federal, State, or | ||
local law enforcement agency pursuant to a subpoena in an | ||
ongoing criminal investigation to a health care licensing body | ||
of this State or another state or jurisdiction pursuant to an | ||
official request made by that licensing body. Furthermore, | ||
information and documents disclosed to a federal, State, or | ||
local law enforcement agency may be used by that agency only | ||
for the investigation and prosecution of a criminal offense or, | ||
in the case of disclosure to a health care licensing body, only | ||
for investigations and disciplinary action proceedings with | ||
regard to a license issued by that licensing body.
| ||
(Source: P.A. 96-1372, eff. 7-29-10; P.A. 97-449, eff. 1-1-12.)
| ||
(225 ILCS 60/37) (from Ch. 111, par. 4400-37)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 37.
At the time and place fixed in the
notice, the | ||
Disciplinary Board provided for in this Act
shall proceed to | ||
hear the charges , and both the accused
person and the | ||
complainant shall be accorded ample
opportunity to present in | ||
person, or by counsel, such
statements, testimony, evidence and | ||
argument as may be
pertinent to the charges or to any defense | ||
thereto. The
Disciplinary Board may continue such hearing from | ||
time to
time. If the Disciplinary Board is not sitting at the | ||
time
and place fixed in the notice or at the time and place to
| ||
which the hearing has been continued, the Department shall
|
continue such hearing for a period not to exceed 30 days.
| ||
In case the accused person, after receiving notice,
fails | ||
to file an answer, their license may, in the
discretion of the | ||
Secretary Director , having received first the
recommendation | ||
of the Disciplinary Board, be suspended,
revoked or placed on | ||
probationary status, or the Secretary Director
may take | ||
whatever disciplinary action as he or she may deem
proper, | ||
including limiting the scope, nature, or extent of
said | ||
person's practice, without a hearing, if the act or
acts | ||
charged constitute sufficient grounds for such action
under | ||
this Act.
| ||
The Disciplinary Board has the authority to recommend
to | ||
the Secretary Director that probation be granted or that other
| ||
disciplinary or non-disciplinary action, including the | ||
limitation of the scope,
nature or extent of a person's | ||
practice, be taken as it
deems proper. If disciplinary or | ||
non-disciplinary action, other than suspension
or revocation, | ||
is taken the Disciplinary Board may recommend
that the | ||
Secretary Director impose reasonable limitations and
| ||
requirements upon the accused registrant to insure
compliance | ||
with the terms of the probation or other
disciplinary action | ||
including, but not limited to, regular
reporting by the accused | ||
to the Department of their actions,
placing themselves under | ||
the care of a qualified physician
for treatment, or limiting | ||
their practice in such manner as
the Secretary Director may | ||
require.
|
The Secretary Director , after consultation with the Chief | ||
Medical
Coordinator or Deputy Medical Coordinator, may | ||
temporarily
suspend the license of a physician without a | ||
hearing,
simultaneously with the institution of proceedings | ||
for a
hearing provided under this Section if the Secretary | ||
Director finds
that evidence in his or her possession indicates | ||
that a
physician's continuation in practice would constitute an
| ||
immediate danger to the public. In the event that the
Secretary | ||
Director suspends, temporarily, the license of a physician
| ||
without a hearing, a hearing by the Disciplinary Board shall
be | ||
held within 15 days after such suspension has occurred
and | ||
shall be concluded without appreciable delay.
| ||
(Source: P.A. 85-4 .)
| ||
(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 38.
The Disciplinary Board or Department has
power to | ||
subpoena and bring before it any person in this
State and to | ||
take testimony either orally or by deposition,
or both, with | ||
the same fees and mileage and in the same
manner as is | ||
prescribed by law for judicial procedure in
civil cases.
| ||
The Disciplinary Board, upon a determination that
probable | ||
cause exists that a violation of one or more of the
grounds for | ||
discipline listed in Section 22 has occurred or
is occurring, | ||
may subpoena the medical and hospital records
of individual | ||
patients of physicians licensed under this
Act, provided, that |
prior to the submission of such records
to the Disciplinary | ||
Board, all information indicating the
identity of the patient | ||
shall be removed and deleted.
Notwithstanding the foregoing, | ||
the Disciplinary Board and Department shall
possess the power | ||
to subpoena copies of hospital or medical records in
mandatory | ||
report cases under Section 23 alleging death or permanent | ||
bodily
injury when consent to obtain records is not provided by | ||
a patient or legal
representative. Prior to submission of the | ||
records to the Disciplinary Board,
all
information indicating | ||
the identity of the patient shall be removed and
deleted. All
| ||
medical records and other information received pursuant to | ||
subpoena shall
be
confidential and shall be afforded the same | ||
status as is proved information
concerning medical studies in | ||
Part 21 of Article VIII of the Code of Civil
Procedure.
The
use | ||
of such records shall be restricted to members of the
| ||
Disciplinary Board, the medical coordinators, and
appropriate | ||
staff of the Department of Professional Regulation designated
| ||
by the Disciplinary Board for the
purpose of determining the | ||
existence of one or more grounds
for discipline of the | ||
physician as provided for by Section
22 of this Act. Any such | ||
review of individual patients'
records shall be conducted by | ||
the Disciplinary Board in
strict confidentiality, provided | ||
that such patient records
shall be admissible in a disciplinary | ||
hearing, before the
Disciplinary Board, when necessary to | ||
substantiate the
grounds for discipline alleged against the | ||
physician
licensed under this Act, and provided further, that |
nothing
herein shall be deemed to supersede the provisions of | ||
Part
21 of Article VIII of the "Code of Civil Procedure", as | ||
now
or hereafter amended, to the extent applicable.
| ||
The Secretary Director , and any member of the Disciplinary | ||
Board
each have power to administer oaths at any hearing which | ||
the
Disciplinary Board or Department is authorized by law to
| ||
conduct.
| ||
The Disciplinary Board, upon a determination that
probable | ||
cause exists that a violation of one or more of the
grounds for | ||
discipline listed in Section 22 has occurred or
is occurring on | ||
the business premises of a physician
licensed under this Act, | ||
may issue an order authorizing an
appropriately qualified | ||
investigator employed by the
Department to enter upon the | ||
business premises with due
consideration for patient care of | ||
the subject of the
investigation so as to inspect the physical | ||
premises and
equipment and furnishings therein. No such order | ||
shall
include the right of inspection of business, medical, or
| ||
personnel records located on the premises. For purposes of
this | ||
Section, "business premises" is defined as the office
or | ||
offices where the physician conducts the practice of
medicine. | ||
Any such order shall expire and become void five
business days | ||
after its issuance by the Disciplinary Board.
The execution of | ||
any such order shall be valid only during
the normal business | ||
hours of the facility or office to be
inspected.
| ||
(Source: P.A. 90-699, eff. 1-1-99 .)
|
(225 ILCS 60/40) (from Ch. 111, par. 4400-40)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 40.
The Disciplinary Board shall present to
the | ||
Secretary Director a written report of its findings and
| ||
recommendations. A copy of such report shall be served upon
the | ||
accused person, either personally or by registered or
certified | ||
mail. Within 20 days after such service, the
accused person may | ||
present to the Department their motion,
in writing, for a | ||
rehearing, which written motion shall
specify the particular | ||
ground therefor. If the accused
person orders and pays for a | ||
transcript of the record as
provided in Section 39, the time | ||
elapsing thereafter and
before such transcript is ready for | ||
delivery to them shall
not be counted as part of such 20 days.
| ||
At the expiration of the time allowed for filing a
motion | ||
for rehearing, the Secretary Director may take the action
| ||
recommended by the Disciplinary Board. Upon the suspension,
| ||
revocation, placement on probationary status, or the taking
of | ||
any other disciplinary action, including the limiting of
the | ||
scope, nature, or extent of one's practice, deemed
proper by | ||
the Department, with regard to the license,
certificate or | ||
visiting professor permit, the accused shall
surrender their | ||
license to the Department, if ordered to do
so by the | ||
Department, and upon their failure or refusal so
to do, the | ||
Department may seize the same.
| ||
Each certificate of order of revocation, suspension, or
| ||
other disciplinary action shall contain a brief, concise
|
statement of the ground or grounds upon which the
Department's | ||
action is based, as well as the specific terms
and conditions | ||
of such action. This document shall be
retained as a permanent | ||
record by the Disciplinary Board and
the Secretary Director .
| ||
The Department shall at least annually publish a list
of | ||
the names of all persons disciplined under this Act in
the | ||
preceding 12 months. Such lists shall be available mailed by | ||
the
Department on its website to any person in the State upon | ||
request .
| ||
In those instances where an order of revocation,
| ||
suspension, or other disciplinary action has been rendered
by | ||
virtue of a physician's physical illness, including, but
not | ||
limited to, deterioration through the aging process, or
loss of | ||
motor skill which results in a physician's inability
to | ||
practice medicine with reasonable judgment, skill, or
safety, | ||
the Department shall only permit this document, and
the record | ||
of the hearing incident thereto, to be observed,
inspected, | ||
viewed, or copied pursuant to court order.
| ||
(Source: P.A. 85-4 .)
| ||
(225 ILCS 60/41) (from Ch. 111, par. 4400-41)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 41. Administrative review; certification of record. | ||
All final
administrative decisions of the Department are | ||
subject to judicial review
pursuant to the Administrative | ||
Review Law and its rules. The term
"administrative decision" is |
defined as in Section 3-101 of the Code of Civil
Procedure.
| ||
Proceedings for judicial review shall be commenced in the | ||
circuit court of
the county in which the party applying for | ||
review resides; but if the party is
not a resident of this | ||
State, the venue shall be in Sangamon County.
| ||
The Department shall not be required to certify any record | ||
to the court , to or
file an any answer in court , or to | ||
otherwise appear in any court in a judicial review
proceeding , | ||
unless and until there is filed in the court, with the | ||
complaint, a receipt
from the Department has received from the | ||
plaintiff acknowledging payment of the costs of furnishing and
| ||
certifying the record, which costs shall be determined by the | ||
Department computed at the rate of 20 cents
per page of the | ||
record . Exhibits shall be certified without cost. Failure
on | ||
the part of the plaintiff to file a receipt in court shall be | ||
grounds for
dismissal of the action. During the pendency and | ||
hearing of any and all
judicial proceedings incident to the | ||
disciplinary action the sanctions imposed
upon the accused by | ||
the Department because of acts or omissions related to
the | ||
delivery of direct patient care as specified in the | ||
Department's final
administrative decision, shall as a matter | ||
of public policy remain in full
force and effect in order to | ||
protect the public pending final resolution of
any of the | ||
proceedings.
| ||
(Source: P.A. 87-1031; 88-184 .)
|
(225 ILCS 60/42) (from Ch. 111, par. 4400-42)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 42.
An order of revocation, suspension,
placing the | ||
license on probationary status, or other formal
disciplinary | ||
action as the Department may deem proper, or a
certified copy | ||
thereof, over the seal of the Department and
purporting to be | ||
signed by the Secretary Director , is prima facie
proof that:
| ||
(a) Such signature is the genuine signature of the
| ||
Secretary Director ;
| ||
(b) The Secretary Director is duly appointed and qualified; | ||
and
| ||
(c) The Disciplinary Board and the members thereof are
| ||
qualified.
| ||
Such proof may be rebutted.
| ||
(Source: P.A. 85-4 .)
| ||
(225 ILCS 60/43) (from Ch. 111, par. 4400-43)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 43. Restoration of license from discipline. At any | ||
time after the successful completion of a term of probation, | ||
suspension, or revocation of a license, the Department may | ||
restore the license to the licensee, unless after an | ||
investigation and a hearing, the Secretary determines that | ||
restoration is not in the public interest. No person or entity | ||
whose license or permit has been revoked as authorized in this | ||
Act may apply for restoration of that license or permit until |
such time as provided for in the Civil Administrative Code of | ||
Illinois. At any time after the suspension,
revocation, placing | ||
on probationary status, or taking
disciplinary action with | ||
regard to any license, the
Department may restore it to the | ||
accused person, or take any
other action to reinstate the | ||
license to good standing,
without examination, upon the written | ||
recommendation of the
Disciplinary Board.
| ||
(Source: P.A. 85-4 .)
| ||
(225 ILCS 60/44) (from Ch. 111, par. 4400-44)
| ||
(Section scheduled to be repealed on November 30, 2011)
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Sec. 44.
None of the disciplinary functions, powers
and | ||
duties enumerated in this Act shall be exercised by the
| ||
Department except upon the action and report in writing of
the | ||
Disciplinary Board.
| ||
In all instances, under this Act, in which the
Disciplinary | ||
Board has rendered a recommendation to the
Secretary Director | ||
with respect to a particular physician, the
Secretary Director | ||
shall, in the event that he or she disagrees with
or takes | ||
action contrary to the recommendation of the
Disciplinary | ||
Board, file with the Disciplinary Board and the
Secretary of | ||
State his or her specific written reasons of
disagreement with | ||
the Disciplinary Board. Such reasons
shall be filed within 30 | ||
days of the occurrence of the
Secretary's Director's contrary | ||
position having been taken.
| ||
The action and report in writing of a majority of the
|
Disciplinary Board designated is sufficient authority upon
| ||
which the Secretary Director may act.
| ||
Whenever the Secretary Director is satisfied that | ||
substantial
justice has not been done either in an examination, | ||
or in a
formal disciplinary action, or refusal to restore a | ||
license,
he or she may order a reexamination or rehearing by | ||
the
same or other examiners.
| ||
(Source: P.A. 85-4 .)
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(225 ILCS 60/47) (from Ch. 111, par. 4400-47)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 47. Administrative Procedure Act. The Illinois | ||
Administrative
Procedure Act is hereby expressly adopted and | ||
incorporated herein as if all of
the provisions of that Act | ||
were included in this Act, except that the provision
of | ||
subsection (d) of Section 10-65 of the Illinois Administrative | ||
Procedure Act
that provides that at hearings the licensee has | ||
the right to show compliance
with all lawful requirements for | ||
retention, continuation or renewal of the
license is | ||
specifically excluded. For the purposes of this Act the notice
| ||
required under Section 10-25 of the Illinois Administrative | ||
Procedure Act is
deemed sufficient when mailed to the last | ||
known address of record of a party.
| ||
(Source: P.A. 88-45 .)
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(225 ILCS 60/54) (from Ch. 111, par. 4400-54)
|
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 54.
A person who holds himself or herself out to treat | ||
human ailments
under a name other than his or her own, or
by | ||
personation of any physician, shall be punished as
provided in | ||
Section 59.
| ||
However, nothing in this Act shall be construed as
| ||
prohibiting partnerships, limited liability companies, | ||
associations, or
corporations in accordance with subsection | ||
(c) item (14) of subsection (A) of
Section 22.2 22 of this Act.
| ||
(Source: P.A. 89-702, eff. 7-1-97 .)
| ||
(225 ILCS 60/54.2) | ||
(Section scheduled to be repealed on November 30, 2011) | ||
Sec. 54.2. Physician delegation of authority. | ||
(a) Nothing in this Act shall be construed to limit the | ||
delegation of patient care tasks or duties by a physician, to a | ||
licensed practical nurse, a registered professional nurse, or | ||
other licensed person practicing within the scope of his or her | ||
individual licensing Act. Delegation by a physician licensed to | ||
practice medicine in all its branches to physician assistants | ||
or advanced practice nurses is also addressed in Section 54.5 | ||
of this Act. No physician may delegate any patient care task or | ||
duty that is statutorily or by rule mandated to be performed by | ||
a physician. | ||
(b) In an office or practice setting and within a | ||
physician-patient relationship, a physician may delegate |
patient care tasks or duties to an unlicensed person who | ||
possesses appropriate training and experience provided a | ||
health care professional, who is practicing within the scope of | ||
such licensed professional's individual licensing Act, is on | ||
site to provide assistance. | ||
(c) Any such patient care task or duty delegated to a | ||
licensed or unlicensed person must be within the scope of | ||
practice, education, training, or experience of the delegating | ||
physician and within the context of a physician-patient | ||
relationship. | ||
(d) Nothing in this Section shall be construed to affect | ||
referrals for professional services required by law. | ||
(e) The Department shall have the authority to promulgate | ||
rules concerning a physician's delegation, including but not | ||
limited to, the use of light emitting devices for patient care | ||
or treatment.
| ||
(f) Nothing in this Act shall be construed to limit the | ||
method of delegation that may be authorized by any means, | ||
including, but not limited to, oral, written, electronic, | ||
standing orders, protocols, guidelines, or verbal orders. | ||
(Source: P.A. 96-618, eff. 1-1-10 .)
| ||
(225 ILCS 60/59) (from Ch. 111, par. 4400-59)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 59.
Any person who violates for the first time
Section | ||
49, 50, 51, 52, 53, 54, 55, or 56 of this Act is
guilty of a |
Class 4 felony. Any person who violates for the
first time | ||
Section 27 of this Act is guilty of a Class A
misdemeanor.
| ||
Any person who has been previously convicted under
Section | ||
49, 50, 51, 52, 53, 54, 55, or 56 of this Act and
who | ||
subsequently violates any of the Sections is guilty of a
Class | ||
3 felony. Any person who has been previously
convicted under | ||
Section 27 of this Act and who subsequently
violates Section 27 | ||
is guilty of a Class 4 felony. In
addition, whenever any person | ||
is punished as a repeat
offender under this Section, the | ||
Secretary Director of the Department
shall proceed to obtain a | ||
permanent injunction against such
person under Section 61 of | ||
this Act.
| ||
(Source: P.A. 85-4 .)
| ||
(225 ILCS 60/61) (from Ch. 111, par. 4400-61)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
Sec. 61.
The practice of medicine in all of its
branches or | ||
the treatment of human ailments without the use
of drugs and | ||
without operative surgery by any person not at
that time | ||
holding a valid and current license under this Act
to do so is | ||
hereby declared to be inimical to the public
welfare and to | ||
constitute a public nuisance. The Secretary Director
of the | ||
Department, the Attorney General of the State of
Illinois, the | ||
State's Attorney of any County in the State,
or any resident | ||
citizen may maintain an action in the name
of the people of the | ||
State of Illinois, may apply for an
injunction in the circuit |
court to enjoin any such person
from engaging in such practice; | ||
and, upon the filing of a
verified petition in such court, the | ||
court or any judge
thereof, if satisfied by affidavit, or | ||
otherwise, that such
person has been engaged in such practice | ||
without a valid and
current license to do so, may issue a | ||
temporary restraining
order or preliminary injunction without | ||
notice or bond,
enjoining the defendant from any such further | ||
practice. A
copy of the verified complaint shall be served upon | ||
the
defendant and the proceedings shall thereafter be conducted
| ||
as in other civil cases. If it be established that the
| ||
defendant has been, or is engaged in any such unlawful
| ||
practice, the court, or any judge thereof, may enter an
order | ||
or judgment perpetually enjoining the defendant from
further | ||
engaging in such practice. In all proceedings
hereunder the | ||
court, in its discretion, may apportion the
costs among the | ||
parties interested in the suit, including
cost of filing | ||
complaint, service of process, witness fees
and expenses, court | ||
reporter charges and reasonable
attorneys fees. In case of | ||
violation of any injunction
entered under the provisions of | ||
this Section, the court, or
any judge thereof, may summarily | ||
try and punish the offender
for contempt of court. Such | ||
injunction proceedings shall be
in addition to, and not in lieu | ||
of, all penalties and other
remedies in this Act provided.
| ||
(Source: P.A. 85-4 .)
| ||
(225 ILCS 60/32 rep.) |
Section 25. The Medical Practice Act of 1987 is amended by | ||
repealing Section 32. | ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |