|
Public Act 097-0449
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| HB1476 Enrolled | LRB097 06656 CEL 46742 b |
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AN ACT concerning professional regulation.
|
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 Sections 23 and 36 as follows:
|
(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(Section scheduled to be repealed on November 30, 2011)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, 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 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 all instances
|
in which a person licensed under this Act is convicted or
|
|
otherwise found guilty of the commission of any felony. 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. 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 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. 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 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.
|
(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. 94-677, eff. 8-25-05; 95-639, eff. 10-5-07; |
96-1372, eff. 7-29-10.)
|
(Text of Section WITHOUT 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, 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 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 all instances
|
in which a person licensed under this Act is convicted or
|
otherwise found guilty of the commission of any felony. 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. 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 or other means of identification of any
|
patient or patients whose treatment is a subject of the
|
report, provided, however, no medical records may be
|
revealed without the written consent of the patient or
|
patients.
|
(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 Department shall have the right to inform patients of |
the right to
provide written consent for the Department to |
obtain copies of hospital and
medical records. The Disciplinary |
Board or Department may 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 when consent to obtain
records is not provided by a |
patient or legal representative. 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.
|
(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
|
assisting in the investigation or preparation of such
|
information, or by participating in proceedings of the
|
Disciplinary Board, or by serving as a member of the
|
Disciplinary Board, 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 statement shall |
become a
permanent part of the file and must be received by the
|
Disciplinary Board no more than
60 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 Director. The Director
|
shall then have 30 days to accept the Medical Disciplinary |
Board's decision or
request further investigation. The |
Director 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 |
Director 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 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.
|
(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. 95-639, eff. 10-5-07.)
|
(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 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. 94-677, eff. 8-25-05; 96-1372, eff. 7-29-10.)
|
(Text of Section WITHOUT 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 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 Director, 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.
|