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Public Act 101-0316 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Section 4.32 as follows: | ||||
(5 ILCS 80/4.32) | ||||
Sec. 4.32. Acts repealed on January 1, 2022. The following | ||||
Acts are repealed on January 1, 2022: | ||||
The Boxing and Full-contact Martial Arts Act. | ||||
The Collateral Recovery Act. | ||||
The Detection of Deception Examiners Act.
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The Home Inspector License Act.
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The Medical Practice Act of 1987. | ||||
The Registered Interior Designers Act.
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The Massage Licensing Act.
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The Petroleum Equipment Contractors Licensing Act.
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The Real Estate Appraiser Licensing Act of 2002. | ||||
The Water Well and Pump Installation Contractor's License | ||||
Act. | ||||
(Source: P.A. 100-920, eff. 8-17-18.)
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(5 ILCS 80/4.29 rep.) | ||||
Section 10. The Regulatory Sunset Act is amended by |
repealing Section 4.29. | ||
Section 15. The Medical Practice Act of 1987 is amended by | ||
changing Sections 21, 36, 38, 39, and 40 as follows:
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(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 21. License renewal; reinstatement; 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.
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The Department shall attempt to provide through electronic | ||
means to each licensee under this Act, at least 60 days in | ||
advance of the expiration date of his or her license, a renewal | ||
notice. No such license shall be deemed to have lapsed until 90 | ||
days after the expiration date and after the Department has | ||
attempted to provide such notice as herein provided. | ||
(B) Reinstatement. 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 reinstated by |
making application
to the Department and filing proof | ||
acceptable to the
Department of his or her fitness to have the
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license reinstated,
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 | ||
reinstatement fee.
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If the licensee has not maintained an active practice
in | ||
another jurisdiction satisfactory to the Department, the
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Licensing Board shall determine, by an evaluation program
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established by rule, the applicant's fitness to resume active
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status
and may require the licensee to complete a period of
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evaluated clinical experience and may require successful
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completion of a practical examination specified by the | ||
Licensing Board.
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However, any registrant whose license has expired while
he | ||
or she has been engaged (a) in Federal Service on active
duty
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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 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.
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(C) Inactive licenses. Any licensee who notifies the
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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.
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Any licensee requesting reinstatement 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 reinstate his or her license | ||
as provided
in
subsection (B).
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Any licensee whose license is in an inactive status
shall | ||
not practice in the State of Illinois.
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(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 | ||
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
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.
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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 of the Civil | ||
Administrative Code of Illinois (20 ILCS 2105/2105-300) .
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The State Comptroller shall order and the State Treasurer | ||
shall transfer an amount equal to $1,100,000 from the Illinois | ||
State Medical Disciplinary Fund to the Local Government Tax | ||
Fund on each of the following dates: July 1, 2014, October 1, | ||
2014, January 1, 2015, July 1, 2017, October 1, 2017, and | ||
January 1, 2018. These transfers shall constitute repayment of | ||
the $6,600,000 transfer made under Section 6z-18 of the State | ||
Finance Act. | ||
All earnings received from investment of monies in the
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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.
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(E) Fees. The following fees are nonrefundable.
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(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
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applicant's eligibility and providing the examination.
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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.
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(2) Before July 1, 2018, the fee for a license under | ||
Section 9 of this Act
is $700. Beginning on July 1, 2018, | ||
the fee for a license under Section 9 of this Act is $500.
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(3) Before July 1, 2018, the fee for a license under | ||
Section 19 of this Act
is $700. Beginning on July 1, 2018, | ||
the fee for a license under Section 19 of this Act is $500.
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(4) Before July 1, 2018, the fee for the renewal of a | ||
license for a resident of Illinois
shall be calculated at | ||
the rate of $230 per year, and beginning on July 1, 2018, | ||
the fee for the renewal of a license shall be $167, except | ||
for licensees
who were issued a license within 12 months of | ||
the expiration date of the
license, before July 1, 2018, | ||
the fee for the renewal shall be $230, and beginning on | ||
July 1, 2018 that fee will be $167. Before July 1, 2018, | ||
the fee for the renewal
of a license for a nonresident | ||
shall be calculated at the rate of $460 per
year, and | ||
beginning on July 1, 2018, the fee for the renewal of a | ||
license for a nonresident shall be $250, except for | ||
licensees
who were issued a license within 12 months of the | ||
expiration date of the
license, before July 1, 2018, the | ||
fee for the renewal shall be $460, and beginning on July 1, | ||
2018 that fee will be $250.
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(5) The fee for the reinstatement of a license other
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than from inactive status, is $230. In addition, payment of | ||
all
lapsed renewal fees not to exceed $1,400 is required.
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(6) The fee for a 3-year temporary license under
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Section 17 is $230.
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(7) The fee for the issuance of a duplicate license,
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for the issuance of a replacement license for a license
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which has been lost or destroyed, or for the issuance of a
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license with a change of name or address other than during
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the renewal period is $20. No fee is required for name and
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address changes on Department records when no duplicate
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license is issued.
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(8) The fee to be paid for a license record for any
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purpose is $20.
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(9) The fee to be paid to have the scoring of an
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examination, administered by the Department, reviewed and
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verified, is $20 plus any fees charged by the applicable
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testing service.
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(10) The fee to be paid by a licensee for a wall
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certificate showing his or her license shall be the actual | ||
cost
of producing the certificate as determined by the | ||
Department.
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(11) The fee for a roster of persons licensed as
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physicians in this State shall be the actual cost of
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producing such a roster as determined by the Department.
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(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
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notification, the person has failed to submit the necessary | ||
remittance, the
Department shall automatically terminate the | ||
license or permit or deny
the application, without hearing. If, | ||
after termination or denial, the
person seeks a license or | ||
permit, he or she shall apply to the
Department for | ||
reinstatement or issuance of the license or permit and
pay all | ||
fees and fines due to the Department. The Department may | ||
establish
a fee for the processing of an application for | ||
reinstatement of a license or permit
to pay all expenses of | ||
processing this application. The Secretary
may waive the fines | ||
due under this Section in individual cases where the
Secretary | ||
finds that the fines would be unreasonable or unnecessarily
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burdensome.
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(Source: P.A. 98-3, eff. 3-8-13; 98-1140, eff. 12-30-14; | ||
99-909, eff. 12-16-16 .)
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(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 36. Investigation; notice. | ||
(a) 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 he or she | ||
holds they hold a license. Such person is hereinafter called
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the accused.
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(b) The Department shall, before suspending, revoking,
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placing on probationary status, or taking any other
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disciplinary action as the Department may deem proper with
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regard to any license at least 30 days prior to the date set
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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 him or her them to file his or | ||
her
their written answer thereto to the Disciplinary Board | ||
under
oath within 20 days after the service on him or her them | ||
of such notice
and inform him or her them that if he or she | ||
fails they fail to file such answer
default will be taken | ||
against him or her them and his or her their license may be
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suspended, revoked, placed on probationary status, or have
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other disciplinary action, including limiting the scope,
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nature or extent of his or her 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.
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(c) Where a physician has been found, upon complaint and
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investigation of the Department, and after hearing, to have
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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.
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(d) Such written notice and any notice in such proceedings
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thereafter may be served by personal delivery, email to the | ||
respondent's email address of record, or mail to the | ||
respondent's 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.
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(e) 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
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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
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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.
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(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11; | ||
98-1140, eff. 12-30-14 .)
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(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 38. Subpoena; oaths. | ||
(a) 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.
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(b) The Disciplinary Board, upon a determination that
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probable cause exists that a violation of one or more of the
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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
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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
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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
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Procedure.
The
use of such records shall be restricted to | ||
members of the
Disciplinary Board, the medical coordinators, | ||
and
appropriate staff of the Department 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.
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(c) The Secretary, hearing officer, 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.
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(d) The Disciplinary Board, upon a determination that
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probable cause exists that a violation of one or more of the
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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
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medicine. Any such order shall expire and become void five
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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
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inspected.
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(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
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(225 ILCS 60/39) (from Ch. 111, par. 4400-39)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 39. Certified shorthand reporter; record. The | ||
Department, at its expense, shall
provide a certified shorthand | ||
reporter to take down the testimony and
preserve a record of | ||
all proceedings at the hearing of any
case wherein a license | ||
may be revoked, suspended, placed on
probationary status, or | ||
other disciplinary action taken with
regard thereto in | ||
accordance with Section 2105-115 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code of | ||
Illinois . The notice of hearing, complaint and all
other | ||
documents in the nature of pleadings and written
motions filed | ||
in the proceedings, the transcript of
testimony, the report of | ||
the hearing officer, exhibits, the report of the Licensing | ||
Board , and the orders
of the Department constitute the record | ||
of the proceedings.
The Department shall furnish a copy of the | ||
record to
any person interested in such hearing upon payment of | ||
the fee required
under Section 2105-115 of the Department of | ||
Professional Regulation
Law (20 ILCS 2105/2105-115). The | ||
Department may contract for court reporting services, and, in |
the event it does so, the Department shall provide the name and | ||
contact information for the certified shorthand reporter who | ||
transcribed the testimony at a hearing to any person | ||
interested, who may obtain a copy of the record of any | ||
proceedings at a hearing upon payment of the fee specified by | ||
the certified shorthand reporter. This charge is in addition to | ||
any fee charged by the Department for certifying the record.
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(Source: P.A. 100-429, eff. 8-25-17.)
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(225 ILCS 60/40) (from Ch. 111, par. 4400-40)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 40. Findings and recommendations; rehearing. | ||
(a) The Disciplinary Board shall present to
the Secretary 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 or email . Within | ||
20 days after such service, the
accused person may present to | ||
the Department his or her 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.
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(b) At the expiration of the time allowed for filing a
| ||
motion for rehearing, the Secretary may take the action
| ||
recommended by the Disciplinary Board. Upon the suspension,
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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 or permit, the | ||
accused shall
surrender his or her their license or permit to | ||
the Department, if ordered to do
so by the Department, and upon | ||
his or her their failure or refusal so
to do, the Department | ||
may seize the same.
| ||
(c) Each 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.
| ||
(d) 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 by the
| ||
Department on its website.
| ||
(e) 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. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |