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Public Act 099-0270 Public Act 0270 99TH GENERAL ASSEMBLY |
Public Act 099-0270 | HB1335 Enrolled | LRB099 08955 JLK 29128 b |
|
| AN ACT concerning health.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. Short title. This Act may be cited as the Right | to Try Act. | Section 5. Findings. The General Assembly finds that the | process of approval for investigational drugs, biological | products, and devices in the United States often takes many | years, and a patient with a terminal illness does not have the | luxury of waiting until such drug, product, or device receives | final approval from the United States Food and Drug | Administration. As a result, the standards of the United States | Food and Drug Administration for the use of investigational | drugs, biological products, and devices may deny the benefits | of potentially life-saving treatments to terminally ill | patients. A patient with a terminal illness has a fundamental | right to attempt to preserve his or her own life by accessing | investigational drugs, biological products, and devices. | Whether to use available investigational drugs, biological | products, and devices is a decision that rightfully should be | made by the patient with a terminal illness in consultation | with his or her physician and is not a decision to be made by | the government. |
| Section 10. Definitions. For the purposes of this Act: | "Accident and health insurer" has the meaning given to that | term in Section 126.2 of the Illinois Insurance Code. | "Eligible patient" means a person who: | (1) has a terminal illness; | (2) has considered all other treatment options | approved by the United States Food and Drug Administration; | (3) has received a prescription or recommendation from | his or her physician for an investigational drug, | biological product, or device; | (4) has given his or her informed consent in writing | for the use of the investigational drug, biological | product, or device or, if he or she is a minor or lacks the | mental capacity to provide informed consent, a parent or | legal guardian has given informed consent on his or her | behalf; and | (5) has documentation from his or her physician | indicating that he or she has met the requirements of this | Act. | "Investigational drug, biological product, or device" | means a drug, biological product, or device that has | successfully completed Phase I of a clinical trial, but has not | been approved for general use by the United States Food and | Drug Administration. | "Phase I of a clinical trial" means the stage of a clinical |
| trial where an investigational drug, biological product, or | device has been tested in a small group for the first time to | evaluate its safety, determine a safe dosage range, and | identify side effects. | "Terminal illness" means a disease that, without | life-sustaining measures, can reasonably be expected to result | in death in 24 months or less. | Section 15. Availability of drugs, biological products, | and devices. | (a) A manufacturer of an investigational drug, biological | product, or device may make available such drug, product, or | device to eligible patients. Nothing in this Act shall be | construed to require a manufacturer to make available any drug, | product, or device. | (b) A manufacturer may: | (1) provide an investigational drug, biological | product, or device to an eligible patient without receiving | compensation; or | (2) require an eligible patient to pay the costs of or | associated with the manufacture of the investigational | drug, biological product, or device. | Section 20. Insurance coverage. An accident and health | insurer may choose to provide coverage for the cost of an | investigational drug, biological product, or device. Nothing |
| in this Act shall be construed to require an accident and | health insurer to provide coverage for the cost of any | investigational drug, biological product, or device. | Section 25. Penalty. Any official, employee, or agent of | the State who blocks or attempts to block access by an eligible | patient to an investigational drug, biological product, or | device shall be guilty of a misdemeanor, punishable by a fine | not to exceed $1,500. | Section 80. The Nursing Home Care Act is amended by | changing Section 2-104 as follows:
| (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
| Sec. 2-104.
(a) A resident shall be permitted to retain the | services
of his own personal physician at his own expense or | under an individual or
group plan of health insurance, or under | any public or private
assistance program providing such | coverage. However, the facility is
not liable for the | negligence of any such personal physician. Every
resident shall | be permitted to obtain from his own physician or the
physician | attached to the facility complete and current information
| concerning his medical diagnosis, treatment and prognosis in | terms and
language the resident can reasonably be expected to | understand. Every
resident shall be permitted to participate in | the planning of his total
care and medical treatment to the |
| extent that his condition permits. No
resident shall be | subjected to experimental research or treatment
without first | obtaining his informed, written consent. The conduct of
any | experimental research or treatment shall be authorized and | monitored
by an institutional review board appointed by the | Director. The
membership, operating procedures and review | criteria for the institutional
review board shall be prescribed | under rules and regulations of the
Department and shall comply | with the requirements for institutional review boards | established by the federal Food and Drug Administration. No | person who has received compensation in the prior 3 years from | an entity that manufactures, distributes, or sells | pharmaceuticals, biologics, or medical devices may serve on the | institutional review board. | The institutional review board may approve only research or | treatment that meets the standards of the federal Food and Drug | Administration with respect to (i) the protection of human | subjects and (ii) financial disclosure by clinical | investigators. The Office of State Long Term Care Ombudsman and | the State Protection and Advocacy organization shall be given | an opportunity to comment on any request for approval before | the board makes a decision. Those entities shall not be | provided information that would allow a potential human subject | to be individually identified, unless the board asks the | Ombudsman for help in securing information from or about the | resident. The board shall require frequent reporting of the |
| progress of the approved research or treatment and its impact | on residents, including immediate reporting of any adverse | impact to the resident, the resident's representative, the | Office of the State Long Term Care Ombudsman, and the State | Protection and Advocacy organization. The board may not approve | any retrospective study of the records of any resident about | the safety or efficacy of any care or treatment if the resident | was under the care of the proposed researcher or a business | associate when the care or treatment was given, unless the | study is under the control of a researcher without any business | relationship to any person or entity who could benefit from the | findings of the study. | No facility shall permit experimental research or | treatment to be conducted on a resident, or give access to any | person or person's records for a retrospective study about the | safety or efficacy of any care or treatment, without the prior | written approval of the institutional review board. No nursing | home administrator, or person licensed by the State to provide | medical care or treatment to any person, may assist or | participate in any experimental research on or treatment of a | resident, including a retrospective study, that does not have | the prior written approval of the board. Such conduct shall be | grounds for professional discipline by the Department of | Financial and
Professional Regulation. | The institutional review board may exempt from ongoing | review research or treatment initiated on a resident before the |
| individual's admission to a facility and for which the board | determines there is adequate ongoing oversight by another | institutional review board. Nothing in this Section shall | prevent a facility, any facility employee, or any other person | from assisting or participating in any experimental research on | or treatment of a resident, if the research or treatment began | before the person's admission to a facility, until the board | has reviewed the research or treatment and decided to grant or | deny approval or to exempt the research or treatment from | ongoing review.
| The institutional review board requirements of this | subsection (a) do not apply to investigational drugs, | biological products, or devices used by a resident with a | terminal illness as set forth in the Right to Try Act. | (b) All medical treatment and procedures shall be | administered as
ordered by a physician. All new physician | orders shall be reviewed by the
facility's director of nursing | or charge nurse designee within 24 hours
after such orders have | been issued to assure facility compliance with such orders.
| All physician's orders and plans of treatment shall have | the authentication of the physician. For the purposes of this | subsection (b), "authentication" means an original written | signature or an electronic signature system that allows for the | verification of a signer's credentials. A stamp signature, with | or without initials, is not sufficient. | According to rules adopted by the Department, every woman |
| resident of
child-bearing age shall receive routine | obstetrical and gynecological
evaluations as well as necessary | prenatal care.
| (c) Every resident shall be permitted to refuse medical | treatment
and to know the consequences of such action, unless | such refusal would
be harmful to the health and safety of | others and such harm is
documented by a physician in the | resident's clinical record. The
resident's refusal shall free | the facility from the obligation to
provide the treatment.
| (d) Every resident, resident's guardian, or parent if the | resident
is a minor shall be permitted to inspect and copy all | his clinical and
other records concerning his care and | maintenance kept by the facility
or by his physician. The | facility may charge a reasonable fee for
duplication of a | record.
| (Source: P.A. 96-1372, eff. 7-29-10; 97-179, eff. 1-1-12.)
| Section 90. The Medical Practice Act of 1987 is amended by | changing Section 22 as follows:
| (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| (Section scheduled to be repealed on December 31, 2015)
| Sec. 22. Disciplinary action.
| (A) The Department may revoke, suspend, place on probation, | 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 permit of any person | issued
under this Act, including imposing fines not to exceed | $10,000 for each violation, 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.
| (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) Adverse action taken by 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. This includes any adverse action taken by a State | or federal agency that prohibits a medical doctor, doctor | of osteopathy, doctor of osteopathic medicine, or doctor of | chiropractic from providing services to the agency's | participants.
| (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 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. | (44) Violating the Compassionate Use of Medical | Cannabis Pilot Program Act.
| (45) Entering into an excessive number of written | collaborative agreements with licensed prescribing | psychologists resulting in an inability to adequately | collaborate. | (46) Repeated failure to adequately collaborate with a | licensed prescribing psychologist. | 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 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 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 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 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, permit holder, 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 suspension, without | hearing, until such time
as the individual submits to the | examination. If the Disciplinary Board or Licensing Board finds | a physician unable
to practice following an examination and | evaluation because of the reasons set forth in this Section, | the Disciplinary
Board or Licensing Board shall require such | physician to submit to care, counseling, or treatment
by | physicians, or other health care professionals, approved or | designated by the Disciplinary Board, as a condition
for | issued, 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.
| All fines imposed under this Section shall be paid within | 60 days after the effective date of the order imposing the fine |
| or in accordance with the terms set forth in the order imposing | the fine. | (B) The Department shall revoke the license or
permit | issued under this Act to practice medicine or a chiropractic | physician 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 permit is revoked
under
this subsection | B shall be prohibited from practicing
medicine or treating | human ailments without the use of drugs and without
operative | surgery.
| (C) The Department shall not revoke, suspend, place on | probation, reprimand, refuse to issue or renew, or take any | other disciplinary or non-disciplinary action against the | license or permit issued under this Act to practice medicine to | a physician based solely upon the recommendation of the | physician to an eligible patient regarding, or prescription | for, or treatment with, an investigational drug, biological | product, or device. | (D) (C) The 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. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13; | 98-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)
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Effective Date: 1/1/2016
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