97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0220

 

Introduced 01/21/11, by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 60/22  from Ch. 111, par. 4400-22
225 ILCS 60/36  from Ch. 111, par. 4400-36

    Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation shall revoke the license or visiting permit of any person issued under this Act to practice medicine or to treat human ailments without the use of drugs and without operative surgery, who has been convicted of committing (1) any felony under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, (2) a Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code, or (3) a sexual assault or other battery against his or her patient. Provides that the Department shall investigate any licensee upon notification from any law enforcement agency of a criminal complaint setting forth facts which, if proven, would constitute grounds for suspension or revocation under the Act. Provides that any law enforcement agency in the State must provide immediate notification to the Department when it receives a criminal complaint against a licensee under this Act that alleges sexual assault or other battery on a patient. Effective immediately.


LRB097 06079 CEL 46152 b

 

 

A BILL FOR

 

HB0220LRB097 06079 CEL 46152 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 Medical Practice Act of 1987 is amended by
5changing Sections 22 and 36 as follows:
 
6    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
7    (Section scheduled to be repealed on November 30, 2011)
8    (Text of Section WITHOUT the changes made by P.A. 94-677,
9which has been held unconstitutional)
10    Sec. 22. Disciplinary action.
11    (A) The Department may revoke, suspend, place on
12probationary status, or take any other disciplinary action as
13the Department may deem proper with regard to the license or
14visiting professor permit of any person issued under this Act
15to practice medicine, or to treat human ailments without the
16use of drugs and without operative surgery upon any of the
17following grounds:
18        (1) Performance of an elective abortion in any place,
19    locale, facility, or institution other than:
20            (a) a facility licensed pursuant to the Ambulatory
21        Surgical Treatment Center Act;
22            (b) an institution licensed under the Hospital
23        Licensing Act;

 

 

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1            (c) an ambulatory surgical treatment center or
2        hospitalization or care facility maintained by the
3        State or any agency thereof, where such department or
4        agency has authority under law to establish and enforce
5        standards for the ambulatory surgical treatment
6        centers, hospitalization, or care facilities under its
7        management and control;
8            (d) ambulatory surgical treatment centers,
9        hospitalization or care facilities maintained by the
10        Federal Government; or
11            (e) ambulatory surgical treatment centers,
12        hospitalization or care facilities maintained by any
13        university or college established under the laws of
14        this State and supported principally by public funds
15        raised by taxation.
16        (2) Performance of an abortion procedure in a wilful
17    and wanton manner on a woman who was not pregnant at the
18    time the abortion procedure was performed.
19        (3) The conviction of a felony in this or any other
20    jurisdiction, except as otherwise provided in subsection B
21    of this Section, whether or not related to practice under
22    this Act, or the entry of a guilty or nolo contendere plea
23    to a felony charge.
24        (4) Gross negligence in practice under this Act.
25        (5) Engaging in dishonorable, unethical or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud or harm the public.
2        (6) Obtaining any fee by fraud, deceit, or
3    misrepresentation.
4        (7) Habitual or excessive use or abuse of drugs defined
5    in law as controlled substances, of alcohol, or of any
6    other substances which results in the inability to practice
7    with reasonable judgment, skill or safety.
8        (8) Practicing under a false or, except as provided by
9    law, an assumed name.
10        (9) Fraud or misrepresentation in applying for, or
11    procuring, a license under this Act or in connection with
12    applying for renewal of a license under this Act.
13        (10) Making a false or misleading statement regarding
14    their skill or the efficacy or value of the medicine,
15    treatment, or remedy prescribed by them at their direction
16    in the treatment of any disease or other condition of the
17    body or mind.
18        (11) Allowing another person or organization to use
19    their license, procured under this Act, to practice.
20        (12) Disciplinary action of another state or
21    jurisdiction against a license or other authorization to
22    practice as a medical doctor, doctor of osteopathy, doctor
23    of osteopathic medicine or doctor of chiropractic, a
24    certified copy of the record of the action taken by the
25    other state or jurisdiction being prima facie evidence
26    thereof.

 

 

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1        (13) Violation of any provision of this Act or of the
2    Medical Practice Act prior to the repeal of that Act, or
3    violation of the rules, or a final administrative action of
4    the Director, after consideration of the recommendation of
5    the Disciplinary Board.
6        (14) Violation of the prohibition against fee
7    splitting in Section 22.2 of this Act.
8        (15) A finding by the Medical Disciplinary Board that
9    the registrant after having his or her license placed on
10    probationary status or subjected to conditions or
11    restrictions violated the terms of the probation or failed
12    to comply with such terms or conditions.
13        (16) Abandonment of a patient.
14        (17) Prescribing, selling, administering,
15    distributing, giving or self-administering any drug
16    classified as a controlled substance (designated product)
17    or narcotic for other than medically accepted therapeutic
18    purposes.
19        (18) Promotion of the sale of drugs, devices,
20    appliances or goods provided for a patient in such manner
21    as to exploit the patient for financial gain of the
22    physician.
23        (19) Offering, undertaking or agreeing to cure or treat
24    disease by a secret method, procedure, treatment or
25    medicine, or the treating, operating or prescribing for any
26    human condition by a method, means or procedure which the

 

 

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1    licensee refuses to divulge upon demand of the Department.
2        (20) Immoral conduct in the commission of any act
3    including, but not limited to, commission of an act of
4    sexual misconduct related to the licensee's practice.
5        (21) Wilfully making or filing false records or reports
6    in his or her practice as a physician, including, but not
7    limited to, false records to support claims against the
8    medical assistance program of the Department of Healthcare
9    and Family Services (formerly Department of Public Aid)
10    under the Illinois Public Aid Code.
11        (22) Wilful omission to file or record, or wilfully
12    impeding the filing or recording, or inducing another
13    person to omit to file or record, medical reports as
14    required by law, or wilfully failing to report an instance
15    of suspected abuse or neglect as required by law.
16        (23) Being named as a perpetrator in an indicated
17    report by the Department of Children and Family Services
18    under the Abused and Neglected Child Reporting Act, and
19    upon proof by clear and convincing evidence that the
20    licensee has caused a child to be an abused child or
21    neglected child as defined in the Abused and Neglected
22    Child Reporting Act.
23        (24) Solicitation of professional patronage by any
24    corporation, agents or persons, or profiting from those
25    representing themselves to be agents of the licensee.
26        (25) Gross and wilful and continued overcharging for

 

 

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1    professional services, including filing false statements
2    for collection of fees for which services are not rendered,
3    including, but not limited to, filing such false statements
4    for collection of monies for services not rendered from the
5    medical assistance program of the Department of Healthcare
6    and Family Services (formerly Department of Public Aid)
7    under the Illinois Public Aid Code.
8        (26) A pattern of practice or other behavior which
9    demonstrates incapacity or incompetence to practice under
10    this Act.
11        (27) Mental illness or disability which results in the
12    inability to practice under this Act with reasonable
13    judgment, skill or safety.
14        (28) Physical illness, including, but not limited to,
15    deterioration through the aging process, or loss of motor
16    skill which results in a physician's inability to practice
17    under this Act with reasonable judgment, skill or safety.
18        (29) Cheating on or attempt to subvert the licensing
19    examinations administered under this Act.
20        (30) Wilfully or negligently violating the
21    confidentiality between physician and patient except as
22    required by law.
23        (31) The use of any false, fraudulent, or deceptive
24    statement in any document connected with practice under
25    this Act.
26        (32) Aiding and abetting an individual not licensed

 

 

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1    under this Act in the practice of a profession licensed
2    under this Act.
3        (33) Violating state or federal laws or regulations
4    relating to controlled substances.
5        (34) Failure to report to the Department any adverse
6    final action taken against them by another licensing
7    jurisdiction (any other state or any territory of the
8    United States or any foreign state or country), by any peer
9    review body, by any health care institution, by any
10    professional society or association related to practice
11    under this Act, by any governmental agency, by any law
12    enforcement agency, or by any court for acts or conduct
13    similar to acts or conduct which would constitute grounds
14    for action as defined in this Section.
15        (35) Failure to report to the Department surrender of a
16    license or authorization to practice as a medical doctor, a
17    doctor of osteopathy, a doctor of osteopathic medicine, or
18    doctor of chiropractic in another state or jurisdiction, or
19    surrender of membership on any medical staff or in any
20    medical or professional association or society, while
21    under disciplinary investigation by any of those
22    authorities or bodies, for acts or conduct similar to acts
23    or conduct which would constitute grounds for action as
24    defined in this Section.
25        (36) Failure to report to the Department any adverse
26    judgment, settlement, or award arising from a liability

 

 

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1    claim related to acts or conduct similar to acts or conduct
2    which would constitute grounds for action as defined in
3    this Section.
4        (37) Failure to provide copies of medical records as
5    required by law.
6        (38) Failure to furnish the Department, its
7    investigators or representatives, relevant information,
8    legally requested by the Department after consultation
9    with the Chief Medical Coordinator or the Deputy Medical
10    Coordinator.
11        (39) Violating the Health Care Worker Self-Referral
12    Act.
13        (40) Willful failure to provide notice when notice is
14    required under the Parental Notice of Abortion Act of 1995.
15        (41) Failure to establish and maintain records of
16    patient care and treatment as required by this law.
17        (42) Entering into an excessive number of written
18    collaborative agreements with licensed advanced practice
19    nurses resulting in an inability to adequately
20    collaborate.
21        (43) Repeated failure to adequately collaborate with a
22    licensed advanced practice nurse.
23    All proceedings to suspend, revoke, place on probationary
24status, or take any other disciplinary action as the Department
25may deem proper, with regard to a license on any of the
26foregoing grounds, must be commenced within 3 years next after

 

 

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1receipt by the Department of a complaint alleging the
2commission of or notice of the conviction order for any of the
3acts described herein. Except for the grounds numbered (8), (9)
4and (29), no action shall be commenced more than 5 years after
5the date of the incident or act alleged to have violated this
6Section. In the event of the settlement of any claim or cause
7of action in favor of the claimant or the reduction to final
8judgment of any civil action in favor of the plaintiff, such
9claim, cause of action or civil action being grounded on the
10allegation that a person licensed under this Act was negligent
11in providing care, the Department shall have an additional
12period of one year from the date of notification to the
13Department under Section 23 of this Act of such settlement or
14final judgment in which to investigate and commence formal
15disciplinary proceedings under Section 36 of this Act, except
16as otherwise provided by law. The time during which the holder
17of the license was outside the State of Illinois shall not be
18included within any period of time limiting the commencement of
19disciplinary action by the Department.
20    The entry of an order or judgment by any circuit court
21establishing that any person holding a license under this Act
22is a person in need of mental treatment operates as a
23suspension of that license. That person may resume their
24practice only upon the entry of a Departmental order based upon
25a finding by the Medical Disciplinary Board that they have been
26determined to be recovered from mental illness by the court and

 

 

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1upon the Disciplinary Board's recommendation that they be
2permitted to resume their practice.
3    The Department may refuse to issue or take disciplinary
4action concerning the license of any person who fails to file a
5return, or to pay the tax, penalty or interest shown in a filed
6return, or to pay any final assessment of tax, penalty or
7interest, as required by any tax Act administered by the
8Illinois Department of Revenue, until such time as the
9requirements of any such tax Act are satisfied as determined by
10the Illinois Department of Revenue.
11    The Department, upon the recommendation of the
12Disciplinary Board, shall adopt rules which set forth standards
13to be used in determining:
14        (a) when a person will be deemed sufficiently
15    rehabilitated to warrant the public trust;
16        (b) what constitutes dishonorable, unethical or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public;
19        (c) what constitutes immoral conduct in the commission
20    of any act, including, but not limited to, commission of an
21    act of sexual misconduct related to the licensee's
22    practice; and
23        (d) what constitutes gross negligence in the practice
24    of medicine.
25    However, no such rule shall be admissible into evidence in
26any civil action except for review of a licensing or other

 

 

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1disciplinary action under this Act.
2    In enforcing this Section, the Medical Disciplinary Board,
3upon a showing of a possible violation, may compel any
4individual licensed to practice under this Act, or who has
5applied for licensure or a permit pursuant to this Act, to
6submit to a mental or physical examination, or both, as
7required by and at the expense of the Department. The examining
8physician or physicians shall be those specifically designated
9by the Disciplinary Board. The Medical Disciplinary Board or
10the Department may order the examining physician to present
11testimony concerning this mental or physical examination of the
12licensee or applicant. No information shall be excluded by
13reason of any common law or statutory privilege relating to
14communication between the licensee or applicant and the
15examining physician. The individual to be examined may have, at
16his or her own expense, another physician of his or her choice
17present during all aspects of the examination. Failure of any
18individual to submit to mental or physical examination, when
19directed, shall be grounds for suspension of his or her license
20until such time as the individual submits to the examination if
21the Disciplinary Board finds, after notice and hearing, that
22the refusal to submit to the examination was without reasonable
23cause. If the Disciplinary Board finds a physician unable to
24practice because of the reasons set forth in this Section, the
25Disciplinary Board shall require such physician to submit to
26care, counseling, or treatment by physicians approved or

 

 

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1designated by the Disciplinary Board, as a condition for
2continued, reinstated, or renewed licensure to practice. Any
3physician, whose license was granted pursuant to Sections 9,
417, or 19 of this Act, or, continued, reinstated, renewed,
5disciplined or supervised, subject to such terms, conditions or
6restrictions who shall fail to comply with such terms,
7conditions or restrictions, or to complete a required program
8of care, counseling, or treatment, as determined by the Chief
9Medical Coordinator or Deputy Medical Coordinators, shall be
10referred to the Director for a determination as to whether the
11licensee shall have their license suspended immediately,
12pending a hearing by the Disciplinary Board. In instances in
13which the Director immediately suspends a license under this
14Section, a hearing upon such person's license must be convened
15by the Disciplinary Board within 15 days after such suspension
16and completed without appreciable delay. The Disciplinary
17Board shall have the authority to review the subject
18physician's record of treatment and counseling regarding the
19impairment, to the extent permitted by applicable federal
20statutes and regulations safeguarding the confidentiality of
21medical records.
22    An individual licensed under this Act, affected under this
23Section, shall be afforded an opportunity to demonstrate to the
24Disciplinary Board that they can resume practice in compliance
25with acceptable and prevailing standards under the provisions
26of their license.

 

 

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1    The Department may promulgate rules for the imposition of
2fines in disciplinary cases, not to exceed $5,000 for each
3violation of this Act. Fines may be imposed in conjunction with
4other forms of disciplinary action, but shall not be the
5exclusive disposition of any disciplinary action arising out of
6conduct resulting in death or injury to a patient. Any funds
7collected from such fines shall be deposited in the Medical
8Disciplinary Fund.
9    (B) The Department shall revoke the license or visiting
10permit of any person issued under this Act to practice medicine
11or to treat human ailments without the use of drugs and without
12operative surgery, who has been convicted a second time of
13committing:
14        (1) any felony under the Illinois Controlled
15    Substances Act or the Methamphetamine Control and
16    Community Protection Act,
17        (2) or who has been convicted a second time of
18    committing a Class 1 felony under Sections 8A-3 and 8A-6 of
19    the Illinois Public Aid Code, or
20        (3) a sexual assault or other battery against his or
21    her patient.
22    A person whose license or visiting permit is revoked under
23this subsection B of Section 22 of this Act shall be prohibited
24from practicing medicine or treating human ailments without the
25use of drugs and without operative surgery.
26    (C) The Medical Disciplinary Board shall recommend to the

 

 

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1Department civil penalties and any other appropriate
2discipline in disciplinary cases when the Board finds that a
3physician willfully performed an abortion with actual
4knowledge that the person upon whom the abortion has been
5performed is a minor or an incompetent person without notice as
6required under the Parental Notice of Abortion Act of 1995.
7Upon the Board's recommendation, the Department shall impose,
8for the first violation, a civil penalty of $1,000 and for a
9second or subsequent violation, a civil penalty of $5,000.
10(Source: P.A. 94-566, eff. 9-11-05; 95-331, eff. 8-21-07;
1196-608, eff. 8-24-09; 96-1000, eff. 7-2-10.)
 
12    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
13    (Section scheduled to be repealed on November 30, 2011)
14    (Text of Section WITHOUT the changes made by P.A. 94-677,
15which has been held unconstitutional, and by P.A. 96-1372,
16which amended language added by P.A. 94-677)
17    Sec. 36. Upon the motion of either the Department or the
18Disciplinary Board or upon the verified complaint in writing of
19any person or notification from any law enforcement agency of a
20criminal complaint setting forth facts which, if proven, would
21constitute grounds for suspension or revocation under Section
2222 of this Act, the Department shall investigate the actions of
23any person, so accused, who holds or represents that they hold
24a license. Such person is hereinafter called the accused. Any
25law enforcement agency in the State must provide immediate

 

 

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1notification to the Department when it receives a criminal
2complaint against a licensee under this Act that alleges sexual
3assault or other battery on a patient.
4    The Department shall, before suspending, revoking, placing
5on probationary status, or taking any other disciplinary action
6as the Department may deem proper with regard to any license at
7least 30 days prior to the date set for the hearing, notify the
8accused in writing of any charges made and the time and place
9for a hearing of the charges before the Disciplinary Board,
10direct them to file their written answer thereto to the
11Disciplinary Board under oath within 20 days after the service
12on them of such notice and inform them that if they fail to
13file such answer default will be taken against them and their
14license may be suspended, revoked, placed on probationary
15status, or have other disciplinary action, including limiting
16the scope, nature or extent of their practice, as the
17Department may deem proper taken with regard thereto.
18    Where a physician has been found, upon complaint and
19investigation of the Department, and after hearing, to have
20performed an abortion procedure in a wilful and wanton manner
21upon a woman who was not pregnant at the time such abortion
22procedure was performed, the Department shall automatically
23revoke the license of such physician to practice medicine in
24Illinois.
25    Such written notice and any notice in such proceedings
26thereafter may be served by delivery of the same, personally,

 

 

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1to the accused person, or by mailing the same by registered or
2certified mail to the address last theretofore specified by the
3accused in their last notification to the Department.
4    All information gathered by the Department during its
5investigation including information subpoenaed under Section
623 or 38 of this Act and the investigative file shall be kept
7for the confidential use of the Director, Disciplinary Board,
8the Medical Coordinators, persons employed by contract to
9advise the Medical Coordinator or the Department, the
10Disciplinary Board's attorneys, the medical investigative
11staff, and authorized clerical staff, as provided in this Act
12and shall be afforded the same status as is provided
13information concerning medical studies in Part 21 of Article
14VIII of the Code of Civil Procedure.
15(Source: P.A. 90-699, eff. 1-1-99.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.