100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3461

 

Introduced , by Rep. Cynthia Soto

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Extends the repeal date of the Physician Assistant Practice Act of 1987 from January 1, 2018 to January 1, 2028. Amends the Physician Assistant Practice Act of 1987. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Provides provisions concerning confidentiality of information collected by the Department in the course of an examination or investigation. Makes changes in provisions concerning the application of the Illinois Administrative Procedure Act, definitions, supervision requirements, prescriptive authority, physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers, application for licensure, identification, qualifications for licensure, Department powers and duties, fees, expiration and renewal of license, grounds for disciplinary action, investigation notices, hearings, hearing officers, restoration of license, administrative review, and certification of the record. Makes other changes. Effective immediately.


LRB100 05728 SMS 15750 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3461LRB100 05728 SMS 15750 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.28 and by adding Section 4.38 as follows:
 
6    (5 ILCS 80/4.28)
7    Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9    The Illinois Petroleum Education and Marketing Act.
10    The Podiatric Medical Practice Act of 1987.
11    The Acupuncture Practice Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Nurse Practice Act.
16    The Clinical Social Work and Social Work Practice Act.
17    The Pharmacy Practice Act.
18    The Home Medical Equipment and Services Provider License
19Act.
20    The Marriage and Family Therapy Licensing Act.
21    The Nursing Home Administrators Licensing and Disciplinary
22Act.
23    The Physician Assistant Practice Act of 1987.

 

 

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1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
 
6    (5 ILCS 80/4.38 new)
7    Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9    The Physician Assistant Practice Act of 1987.
 
10    Section 10. The Physician Assistant Practice Act of 1987 is
11amended by changing Sections 3, 4, 7, 7.5, 7.7, 9, 10, 12, 13,
1214.1, 16, 21, 22.2, 22.6, 22.7, 22.11, and 22.14 and by adding
13Sections 4.5 and 22.17 as follows:
 
14    (225 ILCS 95/3)  (from Ch. 111, par. 4603)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 3. Illinois Administrative Procedure Act. The
17Illinois Administrative Procedure Act is hereby expressly
18adopted and incorporated herein as if all of the provisions of
19that Act were included in this Act, except that the provision
20of subsection (d) of Section 10-65 of the Illinois
21Administrative Procedure Act that provides that at hearings the
22licensee has the right to show compliance with all lawful
23requirements for retention, continuation or renewal of the

 

 

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1license is specifically excluded. For the purposes of this Act
2the notice required under Section 10-25 of the Illinois
3Administrative Procedure Act is deemed sufficient when
4personally served, mailed to the address of record of the
5applicant or licensee, or emailed to the email address of
6record of the applicant or licensee last known address of a
7party. The Secretary may adopt promulgate rules for the
8administration and enforcement of this Act and may prescribe
9forms to be issued in connection with this Act.
10(Source: P.A. 95-703, eff. 12-31-07.)
 
11    (225 ILCS 95/4)  (from Ch. 111, par. 4604)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 4. Definitions. In this Act:
14    1. "Department" means the Department of Financial and
15Professional Regulation.
16    2. "Secretary" means the Secretary of Financial and
17Professional Regulation.
18    3. "Physician assistant" means any person not holding an
19active license or permit issued by the Department pursuant to
20the Medical Practice Act of 1987 who has been certified as a
21physician assistant by the National Commission on the
22Certification of Physician Assistants or equivalent successor
23agency and performs procedures under the supervision of a
24physician as defined in this Act. A physician assistant may
25perform such procedures within the specialty of the supervising

 

 

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1physician, except that such physician shall exercise such
2direction, supervision and control over such physician
3assistants as will assure that patients shall receive quality
4medical care. Physician assistants shall be capable of
5performing a variety of tasks within the specialty of medical
6care under the supervision of a physician. Supervision of the
7physician assistant shall not be construed to necessarily
8require the personal presence of the supervising physician at
9all times at the place where services are rendered, as long as
10there is communication available for consultation by radio,
11telephone or telecommunications within established guidelines
12as determined by the physician/physician assistant team. The
13supervising physician may delegate tasks and duties to the
14physician assistant. Delegated tasks or duties shall be
15consistent with physician assistant education, training, and
16experience. The delegated tasks or duties shall be specific to
17the practice setting and shall be implemented and reviewed
18under a written supervision agreement established by the
19physician or physician/physician assistant team. A physician
20assistant, acting as an agent of the physician, shall be
21permitted to transmit the supervising physician's orders as
22determined by the institution's by-laws, policies, procedures,
23or job description within which the physician/physician
24assistant team practices. Physician assistants shall practice
25only in accordance with a written supervision agreement.
26    Any person who holds an active license or permit issued

 

 

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1pursuant to the Medical Practice Act of 1987 shall have that
2license automatically placed into inactive status upon
3issuance of a physician assistant license. Any person who holds
4an active license as a physician assistant who is issued a
5license or permit pursuant to the Medical Practice Act of 1987
6shall have his or her physician assistant license automatically
7placed into inactive status.
8    4. "Board" means the Medical Licensing Board constituted
9under the Medical Practice Act of 1987.
10    5. "Disciplinary Board" means the Medical Disciplinary
11Board constituted under the Medical Practice Act of 1987.
12    6. "Physician" means, for purposes of this Act, a person
13licensed to practice medicine in all of its branches under the
14Medical Practice Act of 1987.
15    7. "Supervising Physician" means, for the purposes of this
16Act, the primary supervising physician of a physician
17assistant, who, within his or her specialty and expertise may
18delegate a variety of tasks and procedures to the physician
19assistant. Such tasks and procedures shall be delegated in
20accordance with a written supervision agreement. The
21supervising physician maintains the final responsibility for
22the care of the patient and the performance of the physician
23assistant.
24    8. "Alternate supervising physician" means, for the
25purpose of this Act, any physician designated by the
26supervising physician to provide supervision in the event that

 

 

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1he or she is unable to provide that supervision. The Department
2may further define "alternate supervising physician" by rule.
3    The alternate supervising physicians shall maintain all
4the same responsibilities as the supervising physician.
5Nothing in this Act shall be construed as relieving any
6physician of the professional or legal responsibility for the
7care and treatment of persons attended by him or her or by
8physician assistants under his or her supervision. Nothing in
9this Act shall be construed as to limit the reasonable number
10of alternate supervising physicians, provided they are
11designated by the supervising physician.
12    9. "Address of record" means the designated address
13recorded by the Department in the applicant's or licensee's
14application file or license file maintained by the Department's
15licensure maintenance unit. It is the duty of the applicant or
16licensee to inform the Department of any change of address, and
17such changes must be made either through the Department's
18website or by contacting the Department's licensure
19maintenance unit.
20    10. "Hospital affiliate" means a corporation, partnership,
21joint venture, limited liability company, or similar
22organization, other than a hospital, that is devoted primarily
23to the provision, management, or support of health care
24services and that directly or indirectly controls, is
25controlled by, or is under common control of the hospital. For
26the purposes of this definition, "control" means having at

 

 

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1least an equal or a majority ownership or membership interest.
2A hospital affiliate shall be 100% owned or controlled by any
3combination of hospitals, their parent corporations, or
4physicians licensed to practice medicine in all its branches in
5Illinois. "Hospital affiliate" does not include a health
6maintenance organization regulated under the Health
7Maintenance Organization Act.
8    11. "Email address of record" means the designated email
9address recorded by the Department in the applicant's
10application file or the licensee's license file, as maintained
11by the Department's licensure maintenance unit.
12(Source: P.A. 99-330, eff. 1-1-16.)
 
13    (225 ILCS 95/4.5 new)
14    Sec. 4.5. Address of record; email address of record. All
15applicants and licensees shall:
16        (1) provide a valid address and email address to the
17    Department, which shall serve as the address of record and
18    email address of record, respectively, at the time of
19    application for licensure or renewal of a license; and
20        (2) inform the Department of any change of address of
21    record or email address of record within 14 days after such
22    change either through the Department's website or by
23    contacting the Department's licensure maintenance unit.
 
24    (225 ILCS 95/7)  (from Ch. 111, par. 4607)

 

 

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1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 7. Supervision requirements.
3    (a) A supervising physician shall determine the number of
4physician assistants under his or her supervision provided the
5physician is able to provide adequate supervision as outlined
6in the written supervision agreement required under Section 7.5
7of this Act and consideration is given to the nature of the
8physician's practice, complexity of the patient population,
9and the experience of each supervised physician assistant. A
10supervising physician may supervise a maximum of 5 full-time
11equivalent physician assistants; provided, however, this
12number of physician assistants shall be reduced by the number
13of collaborative agreements the supervising physician
14maintains. As used in this Section, "full-time equivalent"
15means the equivalent of 40 hours per week. A physician
16assistant shall be able to hold more than one professional
17position. A supervising physician shall file a notice of
18supervision of each physician assistant according to the rules
19of the Department. It is the responsibility of the supervising
20physician to maintain documentation each time he or she has
21designated an alternative supervising physician. This
22documentation shall include the date alternate supervisory
23control began, the date alternate supervisory control ended,
24and any other changes. A supervising physician shall provide a
25copy of this documentation to the Department, upon request.
26    Physician assistants shall be supervised only by

 

 

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1physicians as defined in this Act who are engaged in clinical
2practice, or in clinical practice in public health or other
3community health facilities.
4    Nothing in this Act shall be construed to limit the
5delegation of tasks or duties by a physician to a nurse or
6other appropriately trained personnel.
7    Nothing in this Act shall be construed to prohibit the
8employment of physician assistants by a hospital, nursing home
9or other health care facility where such physician assistants
10function under the supervision of a supervising physician.
11    A physician assistant may be employed by a practice group
12or other entity employing multiple physicians at one or more
13locations. In that case, one of the physicians practicing at a
14location shall be designated the supervising physician. The
15other physicians with that practice group or other entity who
16practice in the same general type of practice or specialty as
17the supervising physician may supervise the physician
18assistant with respect to their patients without being deemed
19alternate supervising physicians for the purpose of this Act.
20    (b) A physician assistant licensed in this State, or
21licensed or authorized to practice in any other U.S.
22jurisdiction or credentialed by his or her federal employer as
23a physician assistant, who is responding to a need for medical
24care created by an emergency or by a state or local disaster
25may render such care that the physician assistant is able to
26provide without supervision as it is defined in this Section or

 

 

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1with such supervision as is available. For purposes of this
2Section, an "emergency situation" shall not include one that
3occurs in the place of one's employment.
4    Any physician who supervises a physician assistant
5providing medical care in response to such an emergency or
6state or local disaster shall not be required to meet the
7requirements set forth in this Section for a supervising
8physician.
9(Source: P.A. 96-70, eff. 7-23-09; 97-1071, eff. 8-24-12.)
 
10    (225 ILCS 95/7.5)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 7.5. Prescriptions; written supervision agreements;
13prescriptive authority.
14    (a) A written supervision agreement is required for all
15physician assistants to practice in the State.
16        (1) A written supervision agreement shall describe the
17    working relationship of the physician assistant with the
18    supervising physician and shall authorize the categories
19    of care, treatment, or procedures to be performed by the
20    physician assistant. The written supervision agreement
21    shall promote the exercise of professional judgment by the
22    physician assistant commensurate with his or her education
23    and experience. The services to be provided by the
24    physician assistant shall be services that the supervising
25    physician is authorized to and generally provides to his or

 

 

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1    her patients in the normal course of his or her clinical
2    medical practice. The written supervision agreement need
3    not describe the exact steps that a physician assistant
4    must take with respect to each specific condition, disease,
5    or symptom but must specify which authorized procedures
6    require the presence of the supervising physician as the
7    procedures are being performed. The supervision
8    relationship under a written supervision agreement shall
9    not be construed to require the personal presence of a
10    physician at the place where services are rendered. Methods
11    of communication shall be available for consultation with
12    the supervising physician in person or by
13    telecommunications in accordance with established written
14    guidelines as set forth in the written supervision
15    agreement. For the purposes of this Act, "generally
16    provides to his or her patients in the normal course of his
17    or her clinical medical practice" means services, not
18    specific tasks or duties, the supervising physician
19    routinely provides individually or through delegation to
20    other persons so that the physician has the experience and
21    ability to provide supervision and consultation.
22        (2) The written supervision agreement shall be
23    adequate if a physician does each of the following:
24            (A) Participates in the joint formulation and
25        joint approval of orders or guidelines with the
26        physician assistant and he or she periodically reviews

 

 

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1        such orders and the services provided patients under
2        such orders in accordance with accepted standards of
3        medical practice and physician assistant practice.
4            (B) Provides supervision and consultation at least
5        once a month.
6        (3) A copy of the signed, written supervision agreement
7    must be available to the Department upon request from both
8    the physician assistant and the supervising physician.
9        (4) A physician assistant shall inform each
10    supervising physician of all written supervision
11    agreements he or she has signed and provide a copy of these
12    to any supervising physician upon request.
13    (b) A supervising physician may, but is not required to,
14delegate prescriptive authority to a physician assistant as
15part of a written supervision agreement. This authority may,
16but is not required to, include prescription of, selection of,
17orders for, administration of, storage of, acceptance of
18samples of, and dispensing medical devices, over the counter
19medications, legend drugs, medical gases, and controlled
20substances categorized as Schedule III through V controlled
21substances, as defined in Article II of the Illinois Controlled
22Substances Act, and other preparations, including, but not
23limited to, botanical and herbal remedies. The supervising
24physician must have a valid, current Illinois controlled
25substance license and federal registration with the Drug
26Enforcement Agency to delegate the authority to prescribe

 

 

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1controlled substances.
2        (1) To prescribe Schedule III, IV, or V controlled
3    substances under this Section, a physician assistant must
4    obtain a mid-level practitioner controlled substances
5    license. Medication orders issued by a physician assistant
6    shall be reviewed periodically by the supervising
7    physician.
8        (2) The supervising physician shall file with the
9    Department notice of delegation of prescriptive authority
10    to a physician assistant and termination of delegation,
11    specifying the authority delegated or terminated. Upon
12    receipt of this notice delegating authority to prescribe
13    Schedule III, IV, or V controlled substances, the physician
14    assistant shall be eligible to register for a mid-level
15    practitioner controlled substances license under Section
16    303.05 of the Illinois Controlled Substances Act. Nothing
17    in this Act shall be construed to limit the delegation of
18    tasks or duties by the supervising physician to a nurse or
19    other appropriately trained persons in accordance with
20    Section 54.2 of the Medical Practice Act of 1987.
21        (3) In addition to the other requirements of this
22    subsection (b) of this Section, a supervising physician
23    may, but is not required to, delegate authority to a
24    physician assistant to prescribe Schedule II controlled
25    substances, if all of the following conditions apply:
26            (A) Specific Schedule II controlled substances by

 

 

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1        oral dosage or topical or transdermal application may
2        be delegated, provided that the delegated Schedule II
3        controlled substances are routinely prescribed by the
4        supervising physician. This delegation must identify
5        the specific Schedule II controlled substances by
6        either brand name or generic name. Schedule II
7        controlled substances to be delivered by injection or
8        other route of administration may not be delegated.
9            (B) (Blank). Any delegation must be controlled
10        substances that the supervising physician prescribes.
11            (C) Any prescription for a Schedule II controlled
12        substance must be limited to no more than a 30-day
13        supply, with any continuation authorized only after
14        prior approval of the supervising physician.
15            (D) The physician assistant must discuss the
16        condition of any patients for whom a Schedule II
17        controlled substance is prescribed monthly with the
18        supervising physician.
19            (E) The physician assistant meets the education
20        and continuing education requirements of Section
21        303.05 of the Illinois Controlled Substances Act.
22    (c) Nothing in this Act shall be construed to limit the
23delegation of tasks or duties by a physician to a licensed
24practical nurse, a registered professional nurse, or other
25persons. Nothing in this Act shall be construed to limit the
26method of delegation that may be authorized by any means,

 

 

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1including, but not limited to, oral, written, electronic,
2standing orders, protocols, guidelines, or verbal orders.
3    (d) Any physician assistant who writes a prescription for a
4controlled substance without having a valid appropriate
5authority may be fined by the Department not more than $50 per
6prescription, and the Department may take any other
7disciplinary action provided for in this Act.
8    (e) Nothing in this Section shall be construed to prohibit
9generic substitution.
10(Source: P.A. 96-268, eff. 8-11-09; 96-618, eff. 1-1-10;
1196-1000, eff. 7-2-10; 97-358, eff. 8-12-11.)
 
12    (225 ILCS 95/7.7)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 7.7. Physician assistants in hospitals, hospital
15affiliates, or ambulatory surgical treatment centers.
16    (a) A physician assistant may provide services in a
17hospital or a hospital affiliate as those terms are defined in
18the Hospital Licensing Act or the University of Illinois
19Hospital Act, a hospital affiliate, or a licensed ambulatory
20surgical treatment center as defined in the Ambulatory Surgical
21Treatment Center Act without a written supervision agreement
22pursuant to Section 7.5 of this Act. A physician assistant must
23possess clinical privileges recommended by the hospital
24medical staff and granted by the hospital or the consulting
25medical staff committee and ambulatory surgical treatment

 

 

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1center in order to provide services. The medical staff or
2consulting medical staff committee shall periodically review
3the services of physician assistants granted clinical
4privileges, including any care provided in a hospital
5affiliate. Authority may also be granted when recommended by
6the hospital medical staff and granted by the hospital or
7recommended by the consulting medical staff committee and
8ambulatory surgical treatment center to individual physician
9assistants to select, order, and administer medications,
10including controlled substances, to provide delineated care.
11In a hospital, hospital affiliate, or ambulatory surgical
12treatment center, the attending physician shall determine a
13physician assistant's role in providing care for his or her
14patients, except as otherwise provided in the medical staff
15bylaws or consulting committee policies.
16    (b) A physician assistant granted authority to order
17medications including controlled substances may complete
18discharge prescriptions provided the prescription is in the
19name of the physician assistant and the attending or
20discharging physician.
21    (c) Physician assistants practicing in a hospital,
22hospital affiliate, or an ambulatory surgical treatment center
23are not required to obtain a mid-level controlled substance
24license to order controlled substances under Section 303.05 of
25the Illinois Controlled Substances Act.
26(Source: P.A. 97-1071, eff. 8-24-12.)
 

 

 

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1    (225 ILCS 95/9)  (from Ch. 111, par. 4609)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 9. Application for licensure. Applications for
4original licenses shall be made to the Department in writing on
5forms or electronically as prescribed by the Department and
6shall be accompanied by the required fee, which shall not be
7refundable. An application shall require information that in
8the judgment of the Department will enable the Department to
9pass on the qualifications of the applicant for a license. An
10application shall include evidence of passage of the
11examination of the National Commission on the Certification of
12Physician Assistants, or its successor agency, and proof that
13the applicant holds a valid certificate issued by that
14Commission.
15    Applicants have 3 years from the date of application to
16complete the application process. If the process has not been
17completed in 3 years, the application shall be denied, the fee
18shall be forfeited, and the applicant must reapply and meet the
19requirements in effect at the time of reapplication.
20(Source: P.A. 90-61, eff. 12-30-97.)
 
21    (225 ILCS 95/10)  (from Ch. 111, par. 4610)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 10. Identification. No person shall use the title
24"physician or perform the duties of "Physician assistant" or

 

 

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1perform the duties of a physician assistant unless he or she
2holds is a qualified holder of a valid license issued by the
3Department as provided in this Act. A physician assistant shall
4wear on his or her person a visible identification indicating
5that he or she is certified as a physician assistant while
6acting in the course of his or her duties.
7(Source: P.A. 90-61, eff. 12-30-97.)
 
8    (225 ILCS 95/12)  (from Ch. 111, par. 4612)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 12. A person shall be qualified for licensure as a
11physician assistant and the Department may issue a physician
12assistant license to a person who:
13        1. has Has applied in writing or electronically in form
14    and substance satisfactory to the Department and has not
15    violated any of the provisions of Section 21 of this Act or
16    the rules adopted under this Act promulgated hereunder. The
17    Department may take into consideration any felony
18    conviction of the applicant but such conviction shall not
19    operate as an absolute bar to licensure;
20        2. has Has successfully completed the examination
21    provided by the National Commission on the Certification of
22    Physician's Assistant or its successor agency;
23        3. holds Holds a certificate issued by the National
24    Commission on the Certification of Physician Assistants or
25    an equivalent successor agency; and

 

 

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1        4. complies Complies with all applicable rules of the
2    Department.
3(Source: P.A. 95-703, eff. 12-31-07.)
 
4    (225 ILCS 95/13)  (from Ch. 111, par. 4613)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 13. Department powers and duties.
7    (a) Subject to the provisions of this Act, the Department
8shall:
9        (1) adopt 1. Promulgate rules approved by the Board
10    setting forth standards to be met by a school or
11    institution offering a course of training for physician
12    assistants prior to approval of such school or
13    institution; .
14        (2) adopt 2. Promulgate rules approved by the Board
15    setting forth uniform and reasonable standards of
16    instruction to be met prior to approval of such course of
17    institution for physician assistants; and .
18        (3) determine 3. Determine the reputability and good
19    standing of such schools or institutions and their course
20    of instruction for physician assistants by reference to
21    compliance with such rules, provided that no school of
22    physician assistants that refuses admittance to applicants
23    solely on account of race, color, sex, or creed shall be
24    considered reputable and in good standing.
25    (b) No rule shall be adopted under this Act which allows a

 

 

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1physician assistant to perform any act, task, or function
2primarily performed in the lawful practice of optometry under
3the Illinois Optometric Practice Act of 1987.
4    (c) All rules shall be submitted to the Board for review
5and the Department shall consider any comments provided by the
6Board.
7(Source: P.A. 85-1440.)
 
8    (225 ILCS 95/14.1)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 14.1. Fees.
11    (a) Fees collected for the administration of this Act shall
12be set by the Department by rule. All fees are nonrefundable
13not refundable.
14    (b) (Blank).
15    (c) All moneys collected under this Act by the Department
16shall be deposited in the Illinois State Medical Disciplinary
17Fund in the State Treasury and used (1) in the exercise of its
18powers and performance of its duties under this Act, as such
19use is made by the Department; (2) for costs directly related
20to licensing and license renewal of persons licensed under this
21Act; and (3) for costs related to the public purposes of the
22Department.
23    All earnings received from investment of moneys in the
24Illinois State Medical Disciplinary Fund shall be deposited
25into the Illinois State Medical Disciplinary Fund and shall be

 

 

HB3461- 21 -LRB100 05728 SMS 15750 b

1used for the same purposes as fees deposited in the Fund.
2(Source: P.A. 95-703, eff. 12-31-07.)
 
3    (225 ILCS 95/16)  (from Ch. 111, par. 4616)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 16. Expiration; renewal. The expiration date and
6renewal period for each license issued under this Act shall be
7set by rule. Renewal shall be conditioned on paying the
8required fee and by meeting such other requirements as may be
9established by rule. The certification as a physician assistant
10by the National Commission on Certification of Physician
11Assistants or an equivalent successor agency is not required
12for renewal of a license under this Act.
13    Any physician assistant who has permitted his or her
14license to expire or who has had his or her license on inactive
15status may have the license restored by making application to
16the Department and filing proof acceptable to the Department of
17his or her fitness to have the license restored, and by paying
18the required fees. Proof of fitness may include sworn evidence
19certifying to active lawful practice in another jurisdiction.
20    If the physician assistant has not maintained an active
21practice in another jurisdiction satisfactory to the
22Department, the Department shall determine, by an evaluation
23program established by rule, his or her fitness for restoration
24of the license and shall establish procedures and requirements
25for such restoration.

 

 

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1    However, any physician assistant whose license expired
2while he or she was (1) in federal service on active duty with
3the Armed Forces of the United States, or the State Militia
4called into service or training, or (2) in training or
5education under the supervision of the United States
6preliminary to induction into the military service, may have
7the license restored without paying any lapsed renewal fees if
8within 2 years after honorable termination of such service,
9training, or education he or she furnishes the Department with
10satisfactory evidence to the effect that he or she has been so
11engaged and that his or her service, training, or education has
12been so terminated.
13(Source: P.A. 90-61, eff. 12-30-97.)
 
14    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 21. Grounds for disciplinary action.
17    (a) The Department may refuse to issue or to renew, or may
18revoke, suspend, place on probation, censure or reprimand, or
19take other disciplinary or non-disciplinary action with regard
20to any license issued under this Act as the Department may deem
21proper, including the issuance of fines not to exceed $10,000
22for each violation, for any one or combination of the following
23causes:
24        (1) Material misstatement in furnishing information to
25    the Department.

 

 

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1        (2) Violations of this Act, or the rules adopted under
2    this Act.
3        (3) Conviction by plea of guilty or nolo contendere,
4    finding of guilt, jury verdict, or entry of judgment or
5    sentencing, including, but not limited to, convictions,
6    preceding sentences of supervision, conditional discharge,
7    or first offender probation, under the laws of any
8    jurisdiction of the United States that is: (i) a felony; or
9    (ii) a misdemeanor, an essential element of which is
10    dishonesty, or that is directly related to the practice of
11    the profession. Conviction of or entry of a plea of guilty
12    or nolo contendere to any crime that is a felony under the
13    laws of the United States or any state or territory thereof
14    or that is a misdemeanor of which an essential element is
15    dishonesty or that is directly related to the practice of
16    the profession.
17        (4) Making any misrepresentation for the purpose of
18    obtaining licenses.
19        (5) Professional incompetence.
20        (6) Aiding or assisting another person in violating any
21    provision of this Act or its rules.
22        (7) Failing, within 60 days, to provide information in
23    response to a written request made by the Department.
24        (8) Engaging in dishonorable, unethical, or
25    unprofessional conduct, as defined by rule, of a character
26    likely to deceive, defraud, or harm the public.

 

 

HB3461- 24 -LRB100 05728 SMS 15750 b

1        (9) Habitual or excessive use or addiction to alcohol,
2    narcotics, stimulants, or any other chemical agent or drug
3    that results in a physician assistant's inability to
4    practice with reasonable judgment, skill, or safety.
5        (10) Discipline by another U.S. jurisdiction or
6    foreign nation, if at least one of the grounds for
7    discipline is the same or substantially equivalent to those
8    set forth in this Section.
9        (11) Directly or indirectly giving to or receiving from
10    any person, firm, corporation, partnership, or association
11    any fee, commission, rebate or other form of compensation
12    for any professional services not actually or personally
13    rendered. Nothing in this paragraph (11) affects any bona
14    fide independent contractor or employment arrangements,
15    which may include provisions for compensation, health
16    insurance, pension, or other employment benefits, with
17    persons or entities authorized under this Act for the
18    provision of services within the scope of the licensee's
19    practice under this Act.
20        (12) A finding by the Disciplinary Board that the
21    licensee, after having his or her license placed on
22    probationary status has violated the terms of probation.
23        (13) Abandonment of a patient.
24        (14) Willfully making or filing false records or
25    reports in his or her practice, including but not limited
26    to false records filed with state agencies or departments.

 

 

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1        (15) Willfully failing to report an instance of
2    suspected child abuse or neglect as required by the Abused
3    and Neglected Child Reporting Act.
4        (16) Physical illness, or mental illness or impairment
5    that results in the inability to practice the profession
6    with reasonable judgment, skill, or safety, including, but
7    not limited to, deterioration through the aging process or
8    loss of motor skill.
9        (17) Being named as a perpetrator in an indicated
10    report by the Department of Children and Family Services
11    under the Abused and Neglected Child Reporting Act, and
12    upon proof by clear and convincing evidence that the
13    licensee has caused a child to be an abused child or
14    neglected child as defined in the Abused and Neglected
15    Child Reporting Act.
16        (18) (Blank).
17        (19) Gross negligence resulting in permanent injury or
18    death of a patient.
19        (20) Employment of fraud, deception or any unlawful
20    means in applying for or securing a license as a physician
21    assistant.
22        (21) Exceeding the authority delegated to him or her by
23    his or her supervising physician in a written supervision
24    agreement.
25        (22) Immoral conduct in the commission of any act, such
26    as sexual abuse, sexual misconduct, or sexual exploitation

 

 

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1    related to the licensee's practice.
2        (23) Violation of the Health Care Worker Self-Referral
3    Act.
4        (24) Practicing under a false or assumed name, except
5    as provided by law.
6        (25) Making a false or misleading statement regarding
7    his or her skill or the efficacy or value of the medicine,
8    treatment, or remedy prescribed by him or her in the course
9    of treatment.
10        (26) Allowing another person to use his or her license
11    to practice.
12        (27) Prescribing, selling, administering,
13    distributing, giving, or self-administering a drug
14    classified as a controlled substance (designated product)
15    or narcotic for other than medically-accepted therapeutic
16    purposes.
17        (28) Promotion of the sale of drugs, devices,
18    appliances, or goods provided for a patient in a manner to
19    exploit the patient for financial gain.
20        (29) A pattern of practice or other behavior that
21    demonstrates incapacity or incompetence to practice under
22    this Act.
23        (30) Violating State or federal laws or regulations
24    relating to controlled substances or other legend drugs.
25        (31) Exceeding the prescriptive authority delegated by
26    the supervising physician or violating the written

 

 

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1    supervision agreement delegating that authority.
2        (32) Practicing without providing to the Department a
3    notice of supervision or delegation of prescriptive
4    authority.
5        (33) Failure to establish and maintain records of
6    patient care and treatment as required by law.
7        (34) Attempting to subvert or cheat on the examination
8    of the National Commission on Certification of Physician
9    Assistants, or its successor agency.
10        (35) Willfully or negligently violating the
11    confidentiality between physician assistant and patient,
12    except as required by law.
13        (36) Willfully failing to report an instance of
14    suspected abuse, neglect, financial exploitation, or
15    self-neglect of an eligible adult as defined in and
16    required by the Adult Protective Services Act.
17        (37) Being named as an abuser in a verified report by
18    the Department on Aging under the Adult Protective Services
19    Act, and upon proof by clear and convincing evidence that
20    the licensee abused, neglected, or financially exploited
21    an eligible adult as defined in the Adult Protective
22    Services Act.
23        (38) Failure to report to the Department any adverse
24    final action taken against him or her by another licensing
25    jurisdiction of the United States or any foreign state or
26    country, any peer review body, any health care institution,

 

 

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1    any professional society or association, any governmental
2    agency, any law enforcement agency, or any court acts or
3    conduct similar to acts or conduct that would constitute
4    grounds for action under this Section.
5    (b) The Department may, without a hearing, refuse to issue
6or renew or may suspend the license of any person who fails to
7file a return, or to pay the tax, penalty or interest shown in
8a filed return, or to pay any final assessment of the tax,
9penalty, or interest as required by any tax Act administered by
10the Illinois Department of Revenue, until such time as the
11requirements of any such tax Act are satisfied.
12    (c) The determination by a circuit court that a licensee is
13subject to involuntary admission or judicial admission as
14provided in the Mental Health and Developmental Disabilities
15Code operates as an automatic suspension. The suspension will
16end only upon a finding by a court that the patient is no
17longer subject to involuntary admission or judicial admission
18and issues an order so finding and discharging the patient, and
19upon the recommendation of the Disciplinary Board to the
20Secretary that the licensee be allowed to resume his or her
21practice.
22    (d) In enforcing this Section, the Department upon a
23showing of a possible violation may compel an individual
24licensed to practice under this Act, or who has applied for
25licensure under this Act, to submit to a mental or physical
26examination, or both, which may include a substance abuse or

 

 

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1sexual offender evaluation, as required by and at the expense
2of the Department.
3    The Department shall specifically designate the examining
4physician licensed to practice medicine in all of its branches
5or, if applicable, the multidisciplinary team involved in
6providing the mental or physical examination or both. The
7multidisciplinary team shall be led by a physician licensed to
8practice medicine in all of its branches and may consist of one
9or more or a combination of physicians licensed to practice
10medicine in all of its branches, licensed clinical
11psychologists, licensed clinical social workers, licensed
12clinical professional counselors, and other professional and
13administrative staff. Any examining physician or member of the
14multidisciplinary team may require any person ordered to submit
15to an examination pursuant to this Section to submit to any
16additional supplemental testing deemed necessary to complete
17any examination or evaluation process, including, but not
18limited to, blood testing, urinalysis, psychological testing,
19or neuropsychological testing.
20    The Department may order the examining physician or any
21member of the multidisciplinary team to provide to the
22Department any and all records, including business records,
23that relate to the examination and evaluation, including any
24supplemental testing performed.
25    The Department may order the examining physician or any
26member of the multidisciplinary team to present testimony

 

 

HB3461- 30 -LRB100 05728 SMS 15750 b

1concerning the mental or physical examination of the licensee
2or applicant. No information, report, record, or other
3documents in any way related to the examination shall be
4excluded by reason of any common law or statutory privilege
5relating to communications between the licensee or applicant
6and the examining physician or any member of the
7multidisciplinary team. No authorization is necessary from the
8licensee or applicant ordered to undergo an examination for the
9examining physician or any member of the multidisciplinary team
10to provide information, reports, records, or other documents or
11to provide any testimony regarding the examination and
12evaluation. The examining physicians shall be specifically
13designated by the Department.
14    The individual to be examined may have, at his or her own
15expense, another physician of his or her choice present during
16all aspects of this examination. However, that physician shall
17be present only to observe and may not interfere in any way
18with the examination.
19     Failure of an individual to submit to a mental or physical
20examination, when ordered directed, shall result in an
21automatic be grounds for suspension of his or her license until
22the individual submits to the examination if the Department
23finds, after notice and hearing, that the refusal to submit to
24the examination was without reasonable cause.
25    If the Department finds an individual unable to practice
26because of the reasons set forth in this Section, the

 

 

HB3461- 31 -LRB100 05728 SMS 15750 b

1Department may require that individual to submit to care,
2counseling, or treatment by physicians approved or designated
3by the Department, as a condition, term, or restriction for
4continued, reinstated, or renewed licensure to practice; or, in
5lieu of care, counseling, or treatment, the Department may file
6a complaint to immediately suspend, revoke, or otherwise
7discipline the license of the individual. An individual whose
8license was granted, continued, reinstated, renewed,
9disciplined, or supervised subject to such terms, conditions,
10or restrictions, and who fails to comply with such terms,
11conditions, or restrictions, shall be referred to the Secretary
12for a determination as to whether the individual shall have his
13or her license suspended immediately, pending a hearing by the
14Department.
15    In instances in which the Secretary immediately suspends a
16person's license under this Section, a hearing on that person's
17license must be convened by the Department within 30 days after
18the suspension and completed without appreciable delay. The
19Department shall have the authority to review the subject
20individual's record of treatment and counseling regarding the
21impairment to the extent permitted by applicable federal
22statutes and regulations safeguarding the confidentiality of
23medical records.
24    An individual licensed under this Act and affected under
25this Section shall be afforded an opportunity to demonstrate to
26the Department that he or she can resume practice in compliance

 

 

HB3461- 32 -LRB100 05728 SMS 15750 b

1with acceptable and prevailing standards under the provisions
2of his or her license.
3    (e) An individual or organization acting in good faith, and
4not in a willful and wanton manner, in complying with this
5Section by providing a report or other information to the
6Board, by assisting in the investigation or preparation of a
7report or information, by participating in proceedings of the
8Board, or by serving as a member of the Board, shall not be
9subject to criminal prosecution or civil damages as a result of
10such actions.
11    (f) Members of the Board and the Disciplinary Board shall
12be indemnified by the State for any actions occurring within
13the scope of services on the Disciplinary Board or Licensing
14Board, done in good faith and not willful and wanton in nature.
15The Attorney General shall defend all such actions unless he or
16she determines either that there would be a conflict of
17interest in such representation or that the actions complained
18of were not in good faith or were willful and wanton.
19    If the Attorney General declines representation, the
20member has the right to employ counsel of his or her choice,
21whose fees shall be provided by the State, after approval by
22the Attorney General, unless there is a determination by a
23court that the member's actions were not in good faith or were
24willful and wanton.
25    The member must notify the Attorney General within 7 days
26of receipt of notice of the initiation of any action involving

 

 

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1services of the Disciplinary Board. Failure to so notify the
2Attorney General constitutes an absolute waiver of the right to
3a defense and indemnification.
4    The Attorney General shall determine, within 7 days after
5receiving such notice, whether he or she will undertake to
6represent the member.
7(Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09;
896-1482, eff. 11-29-10.)
 
9    (225 ILCS 95/22.2)  (from Ch. 111, par. 4622.2)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 22.2. Investigation; notice; hearing. The Department
12may investigate the actions of any applicant or of any person
13or persons holding or claiming to hold a license. The
14Department shall, before suspending, revoking, placing on
15probationary status, or taking any other disciplinary action as
16the Department may deem proper with regard to any license, at
17least 30 days prior to the date set for the hearing, notify the
18applicant or licensee in writing of any charges made and the
19time and place for a hearing of the charges before the
20Disciplinary Board, direct him or her to file his or her
21written answer thereto to the Disciplinary Board under oath
22within 20 days after the service on him or her of such notice
23and inform him or her that if he or she fails to file such
24answer default will be taken against him or her and his or her
25license may be suspended, revoked, placed on probationary

 

 

HB3461- 34 -LRB100 05728 SMS 15750 b

1status, or have other disciplinary action, including limiting
2the scope, nature or extent of his or her practice, as the
3Department may deem proper taken with regard thereto. Written
4or electronic notice may be served by personal delivery, email,
5or certified or registered mail to the applicant or licensee at
6his or her last address of record or email address of record
7with the Department. At the time and place fixed in the notice,
8the Department shall proceed to hear the charges and the
9parties or their counsel shall be accorded ample opportunity to
10present such statements, testimony, evidence, and argument as
11may be pertinent to the charges or to the defense thereto. The
12Department may continue such hearing from time to time. In case
13the applicant or licensee, after receiving notice, fails to
14file an answer, his or her license may in the discretion of the
15Secretary, having received first the recommendation of the
16Disciplinary Board, be suspended, revoked, placed on
17probationary status, or the Secretary may take whatever
18disciplinary action as he or she may deem proper, including
19limiting the scope, nature, or extent of such person's
20practice, without a hearing, if the act or acts charged
21constitute sufficient grounds for such action under this Act.
22(Source: P.A. 95-703, eff. 12-31-07.)
 
23    (225 ILCS 95/22.6)  (from Ch. 111, par. 4622.6)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 22.6. At the conclusion of the hearing, the

 

 

HB3461- 35 -LRB100 05728 SMS 15750 b

1Disciplinary Board shall present to the Secretary a written
2report of its findings of fact, conclusions of law, and
3recommendations. The report shall contain a finding whether or
4not the accused person violated this Act or failed to comply
5with the conditions required in this Act. The Disciplinary
6Board shall specify the nature of the violation or failure to
7comply, and shall make its recommendations to the Secretary.
8    The report of findings of fact, conclusions of law, and
9recommendation of the Disciplinary Board shall be the basis for
10the Department's order or refusal or for the granting of a
11license or permit. If the Secretary disagrees in any regard
12with the report of the Disciplinary Board, the Secretary may
13issue an order in contravention thereof. The Secretary shall
14provide a written report to the Disciplinary Board on any
15deviation, and shall specify with particularity the reasons for
16such action in the final order. The finding is not admissible
17in evidence against the person in a criminal prosecution
18brought for the violation of this Act, but the hearing and
19finding are not a bar to a criminal prosecution brought for the
20violation of this Act.
21(Source: P.A. 95-703, eff. 12-31-07.)
 
22    (225 ILCS 95/22.7)  (from Ch. 111, par. 4622.7)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 22.7. Hearing officer. Notwithstanding the provisions
25of Section 22.2 of this Act, the Secretary shall have the

 

 

HB3461- 36 -LRB100 05728 SMS 15750 b

1authority to appoint any attorney duly licensed to practice law
2in the State of Illinois to serve as the hearing officer in any
3action for refusal to issue or renew, or for discipline of, a
4license. The Secretary shall notify the Disciplinary Board of
5any such appointment. The hearing officer shall have full
6authority to conduct the hearing. The hearing officer shall
7report his or her findings of fact, conclusions of law, and
8recommendations to the Disciplinary Board and the Secretary.
9The Disciplinary Board shall have 60 days from receipt of the
10report to review the report of the hearing officer and present
11their findings of fact, conclusions of law, and recommendations
12to the Secretary. If the Disciplinary Board fails to present
13its report within the 60-day 60 day period, the respondent may
14request in writing a direct appeal to the Secretary, in which
15case the Secretary may shall, within 7 calendar days after the
16request, issue an order directing the Disciplinary Board to
17issue its findings of fact, conclusions of law, and
18recommendations to the Secretary within 30 calendar days after
19such order. If the Disciplinary Board fails to issue its
20findings of fact, conclusions of law, and recommendations
21within that time frame to the Secretary after the entry of such
22order, the Secretary shall, within 30 calendar days thereafter,
23issue an order based upon the report of the hearing officer and
24the record of the proceedings or issue an order remanding the
25matter back to the hearing officer for additional proceedings
26in accordance with the order. If (i) a direct appeal is

 

 

HB3461- 37 -LRB100 05728 SMS 15750 b

1requested, (ii) the Disciplinary Board fails to issue its
2findings of fact, conclusions of law, and recommendations
3within the 30-day mandate from the Secretary or the Secretary
4fails to order the Disciplinary Board to do so, and (iii) the
5Secretary fails to issue an order within 30 calendar days
6thereafter, then the hearing officer's report is deemed
7accepted and a final decision of the Secretary. Notwithstanding
8any other provision of this Section, if the Secretary, upon
9review, determines that substantial justice has not been done
10in the revocation, suspension, or refusal to issue or renew a
11license or other disciplinary action taken as the result of the
12entry of the hearing officer's report, the Secretary may order
13a rehearing by the same or other examiners. If the Secretary
14disagrees in any regard with the report of the Disciplinary
15Board or hearing officer, he or she may issue an order in
16contravention thereof. The Secretary shall provide a written
17explanation to the Disciplinary Board on any such deviation,
18and shall specify with particularity the reasons for such
19action in the final order.
20(Source: P.A. 95-703, eff. 12-31-07.)
 
21    (225 ILCS 95/22.11)  (from Ch. 111, par. 4622.11)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 22.11. Restoration of license. At any time after the
24successful completion of a term of probation, suspension, or
25revocation of any license, the Department may restore it to the

 

 

HB3461- 38 -LRB100 05728 SMS 15750 b

1licensee, unless after an investigation and a hearing, the
2Department determines that restoration is not in the public
3interest. Where circumstances of suspension or revocation so
4indicate, the Department may require an examination of the
5licensee prior to restoring his or her license. No person whose
6license has been revoked as authorized in this Act may apply
7for restoration of that license until such time as provided for
8in the Civil Administrative Code of Illinois.
9    A license that has been suspended or revoked shall be
10considered nonrenewed for purposes of restoration and a person
11restoring his or her license from suspension or revocation must
12comply with the requirements for restoration of a nonrenewed
13license as set forth in Section 16 of this Act and any related
14rules adopted.
15(Source: P.A. 90-61, eff. 12-30-97.)
 
16    (225 ILCS 95/22.14)  (from Ch. 111, par. 4622.14)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 22.14. Administrative review; certification of
19record.
20    (a) All final administrative decisions of the Department
21are subject to judicial review pursuant to the provisions of
22the "Administrative Review Law", and all rules adopted pursuant
23thereto. The term "administrative decision" is defined as in
24Section 3-101 of the "Code of Civil Procedure".
25    (b) Proceedings for judicial review shall be commenced in

 

 

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1the circuit court of the county in which the party applying for
2review resides; but if the party is not a resident of this
3State, venue shall be in Sangamon County.
4    (c) The Department shall not be required to certify any
5record to the court, to file an answer in court, or to
6otherwise appear in any court in a judicial review proceeding
7unless and until the Department has received from the plaintiff
8payment of the costs of furnishing and certifying the record,
9which costs shall be determined by the Department. Exhibits
10shall be certified without cost. Failure on the part of the
11plaintiff to file a receipt in court shall be grounds for
12dismissal of the action. During the pendency and hearing of any
13and all judicial proceedings incident to the disciplinary
14action the sanctions imposed upon the accused by the Department
15because of acts or omissions related to the delivery of direct
16patient care as specified in the Department's final
17administrative decision, shall, as a matter of public policy,
18remain in full force and effect in order to protect the public
19pending final resolution of any of the proceedings.
20(Source: P.A. 86-596.)
 
21    (225 ILCS 95/22.17 new)
22    Sec. 22.17. Confidentiality. All information collected by
23the Department in the course of an examination or investigation
24of a licensee or applicant, including, but not limited to, any
25complaint against a licensee filed with the Department and

 

 

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1information collected to investigate any such complaint, shall
2be maintained for the confidential use of the Department and
3shall not be disclosed. The Department shall not disclose the
4information to anyone other than law enforcement officials,
5regulatory agencies that have an appropriate regulatory
6interest as determined by the Secretary, or a party presenting
7a lawful subpoena to the Department. Information and documents
8disclosed to a federal, State, county, or local law enforcement
9agency shall not be disclosed by the agency for any purpose to
10any other agency or person. A formal complaint filed against a
11licensee by the Department or any order issued by the
12Department against a licensee or applicant shall be a public
13record, except as otherwise prohibited by law.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.

 

 

HB3461- 41 -LRB100 05728 SMS 15750 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.28
4    5 ILCS 80/4.38 new
5    225 ILCS 95/3from Ch. 111, par. 4603
6    225 ILCS 95/4from Ch. 111, par. 4604
7    225 ILCS 95/4.5 new
8    225 ILCS 95/7from Ch. 111, par. 4607
9    225 ILCS 95/7.5
10    225 ILCS 95/7.7
11    225 ILCS 95/9from Ch. 111, par. 4609
12    225 ILCS 95/10from Ch. 111, par. 4610
13    225 ILCS 95/12from Ch. 111, par. 4612
14    225 ILCS 95/13from Ch. 111, par. 4613
15    225 ILCS 95/14.1
16    225 ILCS 95/16from Ch. 111, par. 4616
17    225 ILCS 95/21from Ch. 111, par. 4621
18    225 ILCS 95/22.2from Ch. 111, par. 4622.2
19    225 ILCS 95/22.6from Ch. 111, par. 4622.6
20    225 ILCS 95/22.7from Ch. 111, par. 4622.7
21    225 ILCS 95/22.11from Ch. 111, par. 4622.11
22    225 ILCS 95/22.14from Ch. 111, par. 4622.14
23    225 ILCS 95/22.17 new