Public Act 93-0138

HB1356 Enrolled                      LRB093 04238 AMC 04283 b

    AN ACT concerning the practice of medicine.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Medical Practice Act of 1987 is amended
by changing Section 7 as follows:

    (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
    (Section scheduled to be repealed on January 1, 2007)
    Sec. 7.  Medical Disciplinary Board.
    (A) There is hereby created the  Illinois  State  Medical
Disciplinary   Board   (hereinafter   referred   to   as  the
"Disciplinary Board").  The Disciplinary Board shall  consist
of 9 members, to be appointed by the Governor by and with the
advice  and consent of the Senate.  All shall be residents of
the State, not more than 5 of whom shall be  members  of  the
same  political  party.   Five  members  shall  be physicians
licensed to practice medicine  in  all  of  its  branches  in
Illinois  possessing  the  degree of doctor of medicine.  Two
shall be members of the public, who shall not be  engaged  in
any way, directly or indirectly, as providers of health care.
The  2 public members shall act as voting members. nonvoting,
ex-officio members and shall not be considered in determining
the existence, or lack of existence,  of  a  quorum  for  all
purposes  for  which  a quorum may be called pursuant to this
Act.  One member shall be a physician licensed to practice in
Illinois possessing the degree of  doctor  of  osteopathy  or
osteopathic  medicine.   One  member  shall  be  a  physician
licensed to practice in Illinois and possessing the degree of
doctor of chiropractic.
    (B)  Members of the Disciplinary Board shall be appointed
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.
    In  making  appointments  the  Governor  shall attempt to
insure that the various social and geographic regions of  the
State of Illinois are properly represented.
    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.
    (D)  (Blank).
    (E)  Four voting members of the Disciplinary Board  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 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.
    (F)  Each member, and member-officer, of the Disciplinary
Board shall receive a per diem stipend as the Director of the
Department,  hereinafter  referred  to as the Director, shall
determine.  The Director 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.
    (G)  The   Director   shall   select   a   Chief  Medical
Coordinator and a Deputy Medical Coordinator 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  Director  shall  set  their  rates  of
compensation.    The   Director   shall  assign  one  medical
coordinator to a region composed  of  Cook  County  and  such
other counties as the Director may deem appropriate, and such
medical  coordinator  shall  locate  their office in Chicago.
The Director shall assign the remaining  medical  coordinator
to a region composed of the balance of counties in the State,
and  such  medical  coordinator  shall locate their office in
Springfield.  Each medical coordinator  shall  be  the  chief
enforcement  officer of this Act in their assigned region and
shall serve at the will of the Disciplinary Board.
    The  Director  shall  employ,  in  conformity  with   the
Personnel  Code, not less than one full time investigator for
every  5000  physicians  licensed   in   the   State.    Each
investigator  shall  be  a  college  graduate with at least 2
years' investigative experience or one year advanced  medical
education.   Upon  the  written  request  of the Disciplinary
Board, the Director 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 chairman, vice 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.
    (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.
    (J)  The Disciplinary Board may compile and  establish  a
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  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 their duties
under this Section, shall be immune from civil suit.
(Source: P.A. 89-507, eff. 7-1-97; 89-702, eff. 7-1-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.