97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3625

 

Introduced 2/24/2011, by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Torture Reporting Act. Mandates the reporting of torture to law enforcement agencies by designated professionals. Provides that any licensed medical or dental professional having reasonable cause to believe that a person known to him or her in his or her professional or official capacity is affected by torture, improper treatment or other like conduct has occurred, is occurring or will occur shall, as soon as is possible without jeopardizing his or her physical safety, or the physical safety of others, report the incident to a law enforcement agency. Provides that the privileged quality of communication between any professional person required to report and his or her patient or client shall not apply to situations involving alleged acts of torture. Provides that any physician, dentist, or dental hygienist who willfully fails to report suspected torture under the Act shall be referred to the appropriate licensing entity. Provides that any other person required by the Act to report suspected torture who willfully fails to report torture is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. Provides that any person required to report who has reasonable cause to suspect that a person has died as a result of torture shall also immediately report this suspicion to the appropriate medical examiner or coroner, who shall investigate the report and communicate the gross findings, within specified times. Provides that a home rule unit may not regulate the reporting of cases of torture in a manner inconsistent with the Act. Amends the Medical Practice Act and the Dental Practice Act to include the Torture Reporting Act.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning torture.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Torture Reporting Act.
 
6    Section 5. Definition. As used in the Act:
7    "Local law enforcement agency" means the police of a city,
8town, village, or other incorporated area or the sheriff of a
9county, or any sworn officer of the Illinois Department of
10State Police.
 
11    Section 10. Persons required to report. Any physician,
12resident, intern, hospital, hospital administrator, and
13personnel engaged in the examination, care and treatment of
14persons, surgeon, dentist, dentist hygienist, osteopath,
15chiropractor, podiatrist, physician assistant, medical
16examiner, emergency medical technician, acupuncturist,
17registered nurse, licensed practical nurse, genetic counselor,
18respiratory care practitioner, advanced practice nurse, or
19home health aide, having reasonable cause to believe a person
20known to them in his or her professional or official capacity
21is affected by torture, improper treatment, or other like
22conduct that has occurred, is occurring, or will occur shall,

 

 

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1as soon as is possible without jeopardizing his or her own
2physical safety or the physical safety of other parties, report
3the incident to a local law enforcement agency.
 
4    Section 15. Privilege. The privileged quality of
5communication between any professional person required to
6report and his or her patient or client shall not apply to
7situations involving alleged acts of torture.
 
8    Section 20. Sanctions. Any physician who willfully fails to
9report suspected torture as required by this Act shall be
10referred to the Illinois State Medical Disciplinary Board for
11action in accordance with paragraph 22 of subsection (a) of
12Section 22 of the Medical Practice Act of 1987. Any dentist or
13dental hygienist who willfully fails to report suspected
14torture as required by the Act shall be referred to the
15Department of Financial and Professional Regulation for action
16in accordance with paragraph 19 of Section 23 of the Illinois
17Dental Practice Act. Any other person required by the Act to
18report suspected torture who willfully fails to report such is
19guilty of a Class A misdemeanor for a first violation and a
20Class 4 felony for a second or subsequent violation.
 
21    Section 25. Death report. Any person required to report
22under the Act who has reasonable cause to suspect that a person
23has died as a result of torture shall also immediately report

 

 

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1his or her suspicion to the appropriate medical examiner or
2coroner. The medical examiner or coroner shall investigate the
3report and communicate his or her apparent gross findings,
4orally, immediately upon completion of the gross autopsy, but
5in all cases orally within 72 hours and within 21 days in
6writing, to the local law enforcement agency, the appropriate
7State's attorney, and, if the institution making the report is
8a hospital, the hospital.
 
9    Section 30. Home rule limitation. A home rule unit may not
10regulate the reporting of cases of torture in a manner
11inconsistent with the provisions of this Act. This Section is a
12limitation under subsection (i) of Section 6 of Article VII of
13the Illinois Constitution on the concurrent exercise by home
14rule units of powers and functions exercised by the State.
 
15    Section 800. The Medical Practice Act of 1987 is amended by
16changing Section 22 as follows:
 
17    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
18    (Section scheduled to be repealed on November 30, 2011)
19    (Text of Section WITH the changes made by P.A. 94-677,
20which has been held unconstitutional)
21    Sec. 22. Disciplinary action.
22    (A) The Department may revoke, suspend, place on
23probationary status, refuse to renew, or take any other

 

 

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1disciplinary action as the Department may deem proper with
2regard to the license or visiting professor permit of any
3person issued under this Act to practice medicine, or to treat
4human ailments without the use of drugs and without operative
5surgery upon any of the following grounds:
6        (1) Performance of an elective abortion in any place,
7    locale, facility, or institution other than:
8            (a) a facility licensed pursuant to the Ambulatory
9        Surgical Treatment Center Act;
10            (b) an institution licensed under the Hospital
11        Licensing Act;
12            (c) an ambulatory surgical treatment center or
13        hospitalization or care facility maintained by the
14        State or any agency thereof, where such department or
15        agency has authority under law to establish and enforce
16        standards for the ambulatory surgical treatment
17        centers, hospitalization, or care facilities under its
18        management and control;
19            (d) ambulatory surgical treatment centers,
20        hospitalization or care facilities maintained by the
21        Federal Government; or
22            (e) ambulatory surgical treatment centers,
23        hospitalization or care facilities maintained by any
24        university or college established under the laws of
25        this State and supported principally by public funds
26        raised by taxation.

 

 

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1        (2) Performance of an abortion procedure in a wilful
2    and wanton manner on a woman who was not pregnant at the
3    time the abortion procedure was performed.
4        (3) The conviction of a felony in this or any other
5    jurisdiction, except as otherwise provided in subsection B
6    of this Section, whether or not related to practice under
7    this Act, or the entry of a guilty or nolo contendere plea
8    to a felony charge.
9        (4) Gross negligence in practice under this Act.
10        (5) Engaging in dishonorable, unethical or
11    unprofessional conduct of a character likely to deceive,
12    defraud or harm the public.
13        (6) Obtaining any fee by fraud, deceit, or
14    misrepresentation.
15        (7) Habitual or excessive use or abuse of drugs defined
16    in law as controlled substances, of alcohol, or of any
17    other substances which results in the inability to practice
18    with reasonable judgment, skill or safety.
19        (8) Practicing under a false or, except as provided by
20    law, an assumed name.
21        (9) Fraud or misrepresentation in applying for, or
22    procuring, a license under this Act or in connection with
23    applying for renewal of a license under this Act.
24        (10) Making a false or misleading statement regarding
25    their skill or the efficacy or value of the medicine,
26    treatment, or remedy prescribed by them at their direction

 

 

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1    in the treatment of any disease or other condition of the
2    body or mind.
3        (11) Allowing another person or organization to use
4    their license, procured under this Act, to practice.
5        (12) Disciplinary action of another state or
6    jurisdiction against a license or other authorization to
7    practice as a medical doctor, doctor of osteopathy, doctor
8    of osteopathic medicine or doctor of chiropractic, a
9    certified copy of the record of the action taken by the
10    other state or jurisdiction being prima facie evidence
11    thereof.
12        (13) Violation of any provision of this Act or of the
13    Medical Practice Act prior to the repeal of that Act, or
14    violation of the rules, or a final administrative action of
15    the Secretary, after consideration of the recommendation
16    of the Disciplinary Board.
17        (14) Violation of the prohibition against fee
18    splitting in Section 22.2 of this Act.
19        (15) A finding by the Medical Disciplinary Board that
20    the registrant after having his or her license placed on
21    probationary status or subjected to conditions or
22    restrictions violated the terms of the probation or failed
23    to comply with such terms or conditions.
24        (16) Abandonment of a patient.
25        (17) Prescribing, selling, administering,
26    distributing, giving or self-administering any drug

 

 

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1    classified as a controlled substance (designated product)
2    or narcotic for other than medically accepted therapeutic
3    purposes.
4        (18) Promotion of the sale of drugs, devices,
5    appliances or goods provided for a patient in such manner
6    as to exploit the patient for financial gain of the
7    physician.
8        (19) Offering, undertaking or agreeing to cure or treat
9    disease by a secret method, procedure, treatment or
10    medicine, or the treating, operating or prescribing for any
11    human condition by a method, means or procedure which the
12    licensee refuses to divulge upon demand of the Department.
13        (20) Immoral conduct in the commission of any act
14    including, but not limited to, commission of an act of
15    sexual misconduct related to the licensee's practice.
16        (21) Wilfully making or filing false records or reports
17    in his or her practice as a physician, including, but not
18    limited to, false records to support claims against the
19    medical assistance program of the Department of Healthcare
20    and Family Services (formerly Department of Public Aid)
21    under the Illinois Public Aid Code.
22        (22) Wilful omission to file or record, or wilfully
23    impeding the filing or recording, or inducing another
24    person to omit to file or record, medical reports as
25    required by law, or wilfully failing to report an instance
26    of suspected abuse, torture, or neglect as required by law.

 

 

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1        (23) Being named as a perpetrator in an indicated
2    report by the Department of Children and Family Services
3    under the Abused and Neglected Child Reporting Act, and
4    upon proof by clear and convincing evidence that the
5    licensee has caused a child to be an abused child or
6    neglected child as defined in the Abused and Neglected
7    Child Reporting Act.
8        (24) Solicitation of professional patronage by any
9    corporation, agents or persons, or profiting from those
10    representing themselves to be agents of the licensee.
11        (25) Gross and wilful and continued overcharging for
12    professional services, including filing false statements
13    for collection of fees for which services are not rendered,
14    including, but not limited to, filing such false statements
15    for collection of monies for services not rendered from the
16    medical assistance program of the Department of Healthcare
17    and Family Services (formerly Department of Public Aid)
18    under the Illinois Public Aid Code.
19        (26) A pattern of practice or other behavior which
20    demonstrates incapacity or incompetence to practice under
21    this Act.
22        (27) Mental illness or disability which results in the
23    inability to practice under this Act with reasonable
24    judgment, skill or safety.
25        (28) Physical illness, including, but not limited to,
26    deterioration through the aging process, or loss of motor

 

 

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1    skill which results in a physician's inability to practice
2    under this Act with reasonable judgment, skill or safety.
3        (29) Cheating on or attempt to subvert the licensing
4    examinations administered under this Act.
5        (30) Wilfully or negligently violating the
6    confidentiality between physician and patient except as
7    required by law.
8        (31) The use of any false, fraudulent, or deceptive
9    statement in any document connected with practice under
10    this Act.
11        (32) Aiding and abetting an individual not licensed
12    under this Act in the practice of a profession licensed
13    under this Act.
14        (33) Violating state or federal laws or regulations
15    relating to controlled substances, legend drugs, or
16    ephedra, as defined in the Ephedra Prohibition Act.
17        (34) Failure to report to the Department any adverse
18    final action taken against them by another licensing
19    jurisdiction (any other state or any territory of the
20    United States or any foreign state or country), by any peer
21    review body, by any health care institution, by any
22    professional society or association related to practice
23    under this Act, by any governmental agency, by any law
24    enforcement agency, or by any court for acts or conduct
25    similar to acts or conduct which would constitute grounds
26    for action as defined in this Section.

 

 

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1        (35) Failure to report to the Department surrender of a
2    license or authorization to practice as a medical doctor, a
3    doctor of osteopathy, a doctor of osteopathic medicine, or
4    doctor of chiropractic in another state or jurisdiction, or
5    surrender of membership on any medical staff or in any
6    medical or professional association or society, while
7    under disciplinary investigation by any of those
8    authorities or bodies, for acts or conduct similar to acts
9    or conduct which would constitute grounds for action as
10    defined in this Section.
11        (36) Failure to report to the Department any adverse
12    judgment, settlement, or award arising from a liability
13    claim related to acts or conduct similar to acts or conduct
14    which would constitute grounds for action as defined in
15    this Section.
16        (37) Failure to provide copies of medical records as
17    required by law.
18        (38) Failure to furnish the Department, its
19    investigators or representatives, relevant information,
20    legally requested by the Department after consultation
21    with the Chief Medical Coordinator or the Deputy Medical
22    Coordinator.
23        (39) Violating the Health Care Worker Self-Referral
24    Act.
25        (40) Willful failure to provide notice when notice is
26    required under the Parental Notice of Abortion Act of 1995.

 

 

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1        (41) Failure to establish and maintain records of
2    patient care and treatment as required by this law.
3        (42) Entering into an excessive number of written
4    collaborative agreements with licensed advanced practice
5    nurses resulting in an inability to adequately
6    collaborate.
7        (43) Repeated failure to adequately collaborate with a
8    licensed advanced practice nurse.
9    Except for actions involving the ground numbered (26), all
10proceedings to suspend, revoke, place on probationary status,
11or take any other disciplinary action as the Department may
12deem proper, with regard to a license on any of the foregoing
13grounds, must be commenced within 5 years next after receipt by
14the Department of a complaint alleging the commission of or
15notice of the conviction order for any of the acts described
16herein. Except for the grounds numbered (8), (9), (26), and
17(29), no action shall be commenced more than 10 years after the
18date of the incident or act alleged to have violated this
19Section. For actions involving the ground numbered (26), a
20pattern of practice or other behavior includes all incidents
21alleged to be part of the pattern of practice or other behavior
22that occurred or a report pursuant to Section 23 of this Act
23received within the 10-year period preceding the filing of the
24complaint. In the event of the settlement of any claim or cause
25of action in favor of the claimant or the reduction to final
26judgment of any civil action in favor of the plaintiff, such

 

 

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1claim, cause of action or civil action being grounded on the
2allegation that a person licensed under this Act was negligent
3in providing care, the Department shall have an additional
4period of 2 years from the date of notification to the
5Department under Section 23 of this Act of such settlement or
6final judgment in which to investigate and commence formal
7disciplinary proceedings under Section 36 of this Act, except
8as otherwise provided by law. The time during which the holder
9of the license was outside the State of Illinois shall not be
10included within any period of time limiting the commencement of
11disciplinary action by the Department.
12    The entry of an order or judgment by any circuit court
13establishing that any person holding a license under this Act
14is a person in need of mental treatment operates as a
15suspension of that license. That person may resume their
16practice only upon the entry of a Departmental order based upon
17a finding by the Medical Disciplinary Board that they have been
18determined to be recovered from mental illness by the court and
19upon the Disciplinary Board's recommendation that they be
20permitted to resume their practice.
21    The Department may refuse to issue or take disciplinary
22action concerning the license of any person who fails to file a
23return, or to pay the tax, penalty or interest shown in a filed
24return, or to pay any final assessment of tax, penalty or
25interest, as required by any tax Act administered by the
26Illinois Department of Revenue, until such time as the

 

 

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1requirements of any such tax Act are satisfied as determined by
2the Illinois Department of Revenue.
3    The Department, upon the recommendation of the
4Disciplinary Board, shall adopt rules which set forth standards
5to be used in determining:
6        (a) when a person will be deemed sufficiently
7    rehabilitated to warrant the public trust;
8        (b) what constitutes dishonorable, unethical or
9    unprofessional conduct of a character likely to deceive,
10    defraud, or harm the public;
11        (c) what constitutes immoral conduct in the commission
12    of any act, including, but not limited to, commission of an
13    act of sexual misconduct related to the licensee's
14    practice; and
15        (d) what constitutes gross negligence in the practice
16    of medicine.
17    However, no such rule shall be admissible into evidence in
18any civil action except for review of a licensing or other
19disciplinary action under this Act.
20    In enforcing this Section, the Medical Disciplinary Board,
21upon a showing of a possible violation, may compel any
22individual licensed to practice under this Act, or who has
23applied for licensure or a permit pursuant to this Act, to
24submit to a mental or physical examination, or both, as
25required by and at the expense of the Department. The examining
26physician or physicians shall be those specifically designated

 

 

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1by the Disciplinary Board. The Medical Disciplinary Board or
2the Department may order the examining physician to present
3testimony concerning this mental or physical examination of the
4licensee or applicant. No information shall be excluded by
5reason of any common law or statutory privilege relating to
6communication between the licensee or applicant and the
7examining physician. The individual to be examined may have, at
8his or her own expense, another physician of his or her choice
9present during all aspects of the examination. Failure of any
10individual to submit to mental or physical examination, when
11directed, shall be grounds for suspension of his or her license
12until such time as the individual submits to the examination if
13the Disciplinary Board finds, after notice and hearing, that
14the refusal to submit to the examination was without reasonable
15cause. If the Disciplinary Board finds a physician unable to
16practice because of the reasons set forth in this Section, the
17Disciplinary Board shall require such physician to submit to
18care, counseling, or treatment by physicians approved or
19designated by the Disciplinary Board, as a condition for
20continued, reinstated, or renewed licensure to practice. Any
21physician, whose license was granted pursuant to Sections 9,
2217, or 19 of this Act, or, continued, reinstated, renewed,
23disciplined or supervised, subject to such terms, conditions or
24restrictions who shall fail to comply with such terms,
25conditions or restrictions, or to complete a required program
26of care, counseling, or treatment, as determined by the Chief

 

 

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1Medical Coordinator or Deputy Medical Coordinators, shall be
2referred to the Secretary for a determination as to whether the
3licensee shall have their license suspended immediately,
4pending a hearing by the Disciplinary Board. In instances in
5which the Secretary immediately suspends a license under this
6Section, a hearing upon such person's license must be convened
7by the Disciplinary Board within 15 days after such suspension
8and completed without appreciable delay. The Disciplinary
9Board shall have the authority to review the subject
10physician's record of treatment and counseling regarding the
11impairment, to the extent permitted by applicable federal
12statutes and regulations safeguarding the confidentiality of
13medical records.
14    An individual licensed under this Act, affected under this
15Section, shall be afforded an opportunity to demonstrate to the
16Disciplinary Board that they can resume practice in compliance
17with acceptable and prevailing standards under the provisions
18of their license.
19    The Department may promulgate rules for the imposition of
20fines in disciplinary cases, not to exceed $10,000 for each
21violation of this Act. Fines may be imposed in conjunction with
22other forms of disciplinary action, but shall not be the
23exclusive disposition of any disciplinary action arising out of
24conduct resulting in death or injury to a patient. Any funds
25collected from such fines shall be deposited in the Medical
26Disciplinary Fund.

 

 

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1    (B) The Department shall revoke the license or visiting
2permit of any person issued under this Act to practice medicine
3or to treat human ailments without the use of drugs and without
4operative surgery, who has been convicted a second time of
5committing any felony under the Illinois Controlled Substances
6Act or the Methamphetamine Control and Community Protection
7Act, or who has been convicted a second time of committing a
8Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
9Public Aid Code. A person whose license or visiting permit is
10revoked under this subsection B of Section 22 of this Act shall
11be prohibited from practicing medicine or treating human
12ailments without the use of drugs and without operative
13surgery.
14    (C) The Medical Disciplinary Board shall recommend to the
15Department civil penalties and any other appropriate
16discipline in disciplinary cases when the Board finds that a
17physician willfully performed an abortion with actual
18knowledge that the person upon whom the abortion has been
19performed is a minor or an incompetent person without notice as
20required under the Parental Notice of Abortion Act of 1995.
21Upon the Board's recommendation, the Department shall impose,
22for the first violation, a civil penalty of $1,000 and for a
23second or subsequent violation, a civil penalty of $5,000.
24(Source: P.A. 94-566, eff. 9-11-05; 94-677, eff. 8-25-05;
2595-331, eff. 8-21-07; 96-608, eff. 8-24-09; 96-1000, eff.
267-2-10.)
 

 

 

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1    (Text of Section WITHOUT the changes made by P.A. 94-677,
2which has been held unconstitutional)
3    Sec. 22. Disciplinary action.
4    (A) The Department may revoke, suspend, place on
5probationary status, or take any other disciplinary action as
6the Department may deem proper with regard to the license or
7visiting professor permit of any person issued under this Act
8to practice medicine, or to treat human ailments without the
9use of drugs and without operative surgery upon any of the
10following grounds:
11        (1) Performance of an elective abortion in any place,
12    locale, facility, or institution other than:
13            (a) a facility licensed pursuant to the Ambulatory
14        Surgical Treatment Center Act;
15            (b) an institution licensed under the Hospital
16        Licensing Act;
17            (c) an ambulatory surgical treatment center or
18        hospitalization or care facility maintained by the
19        State or any agency thereof, where such department or
20        agency has authority under law to establish and enforce
21        standards for the ambulatory surgical treatment
22        centers, hospitalization, or care facilities under its
23        management and control;
24            (d) ambulatory surgical treatment centers,
25        hospitalization or care facilities maintained by the

 

 

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1        Federal Government; or
2            (e) ambulatory surgical treatment centers,
3        hospitalization or care facilities maintained by any
4        university or college established under the laws of
5        this State and supported principally by public funds
6        raised by taxation.
7        (2) Performance of an abortion procedure in a wilful
8    and wanton manner on a woman who was not pregnant at the
9    time the abortion procedure was performed.
10        (3) The conviction of a felony in this or any other
11    jurisdiction, except as otherwise provided in subsection B
12    of this Section, whether or not related to practice under
13    this Act, or the entry of a guilty or nolo contendere plea
14    to a felony charge.
15        (4) Gross negligence in practice under this Act.
16        (5) Engaging in dishonorable, unethical or
17    unprofessional conduct of a character likely to deceive,
18    defraud or harm the public.
19        (6) Obtaining any fee by fraud, deceit, or
20    misrepresentation.
21        (7) Habitual or excessive use or abuse of drugs defined
22    in law as controlled substances, of alcohol, or of any
23    other substances which results in the inability to practice
24    with reasonable judgment, skill or safety.
25        (8) Practicing under a false or, except as provided by
26    law, an assumed name.

 

 

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1        (9) Fraud or misrepresentation in applying for, or
2    procuring, a license under this Act or in connection with
3    applying for renewal of a license under this Act.
4        (10) Making a false or misleading statement regarding
5    their skill or the efficacy or value of the medicine,
6    treatment, or remedy prescribed by them at their direction
7    in the treatment of any disease or other condition of the
8    body or mind.
9        (11) Allowing another person or organization to use
10    their license, procured under this Act, to practice.
11        (12) Disciplinary action of another state or
12    jurisdiction against a license or other authorization to
13    practice as a medical doctor, doctor of osteopathy, doctor
14    of osteopathic medicine or doctor of chiropractic, a
15    certified copy of the record of the action taken by the
16    other state or jurisdiction being prima facie evidence
17    thereof.
18        (13) Violation of any provision of this Act or of the
19    Medical Practice Act prior to the repeal of that Act, or
20    violation of the rules, or a final administrative action of
21    the Director, after consideration of the recommendation of
22    the Disciplinary Board.
23        (14) Violation of the prohibition against fee
24    splitting in Section 22.2 of this Act.
25        (15) A finding by the Medical Disciplinary Board that
26    the registrant after having his or her license placed on

 

 

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1    probationary status or subjected to conditions or
2    restrictions violated the terms of the probation or failed
3    to comply with such terms or conditions.
4        (16) Abandonment of a patient.
5        (17) Prescribing, selling, administering,
6    distributing, giving or self-administering any drug
7    classified as a controlled substance (designated product)
8    or narcotic for other than medically accepted therapeutic
9    purposes.
10        (18) Promotion of the sale of drugs, devices,
11    appliances or goods provided for a patient in such manner
12    as to exploit the patient for financial gain of the
13    physician.
14        (19) Offering, undertaking or agreeing to cure or treat
15    disease by a secret method, procedure, treatment or
16    medicine, or the treating, operating or prescribing for any
17    human condition by a method, means or procedure which the
18    licensee refuses to divulge upon demand of the Department.
19        (20) Immoral conduct in the commission of any act
20    including, but not limited to, commission of an act of
21    sexual misconduct related to the licensee's practice.
22        (21) Wilfully making or filing false records or reports
23    in his or her practice as a physician, including, but not
24    limited to, false records to support claims against the
25    medical assistance program of the Department of Healthcare
26    and Family Services (formerly Department of Public Aid)

 

 

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1    under the Illinois Public Aid Code.
2        (22) Wilful omission to file or record, or wilfully
3    impeding the filing or recording, or inducing another
4    person to omit to file or record, medical reports as
5    required by law, or wilfully failing to report an instance
6    of suspected abuse, torture, or neglect as required by law.
7        (23) Being named as a perpetrator in an indicated
8    report by the Department of Children and Family Services
9    under the Abused and Neglected Child Reporting Act, and
10    upon proof by clear and convincing evidence that the
11    licensee has caused a child to be an abused child or
12    neglected child as defined in the Abused and Neglected
13    Child Reporting Act.
14        (24) Solicitation of professional patronage by any
15    corporation, agents or persons, or profiting from those
16    representing themselves to be agents of the licensee.
17        (25) Gross and wilful and continued overcharging for
18    professional services, including filing false statements
19    for collection of fees for which services are not rendered,
20    including, but not limited to, filing such false statements
21    for collection of monies for services not rendered from the
22    medical assistance program of the Department of Healthcare
23    and Family Services (formerly Department of Public Aid)
24    under the Illinois Public Aid Code.
25        (26) A pattern of practice or other behavior which
26    demonstrates incapacity or incompetence to practice under

 

 

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1    this Act.
2        (27) Mental illness or disability which results in the
3    inability to practice under this Act with reasonable
4    judgment, skill or safety.
5        (28) Physical illness, including, but not limited to,
6    deterioration through the aging process, or loss of motor
7    skill which results in a physician's inability to practice
8    under this Act with reasonable judgment, skill or safety.
9        (29) Cheating on or attempt to subvert the licensing
10    examinations administered under this Act.
11        (30) Wilfully or negligently violating the
12    confidentiality between physician and patient except as
13    required by law.
14        (31) The use of any false, fraudulent, or deceptive
15    statement in any document connected with practice under
16    this Act.
17        (32) Aiding and abetting an individual not licensed
18    under this Act in the practice of a profession licensed
19    under this Act.
20        (33) Violating state or federal laws or regulations
21    relating to controlled substances.
22        (34) Failure to report to the Department any adverse
23    final action taken against them by another licensing
24    jurisdiction (any other state or any territory of the
25    United States or any foreign state or country), by any peer
26    review body, by any health care institution, by any

 

 

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1    professional society or association related to practice
2    under this Act, by any governmental agency, by any law
3    enforcement agency, or by any court for acts or conduct
4    similar to acts or conduct which would constitute grounds
5    for action as defined in this Section.
6        (35) Failure to report to the Department surrender of a
7    license or authorization to practice as a medical doctor, a
8    doctor of osteopathy, a doctor of osteopathic medicine, or
9    doctor of chiropractic in another state or jurisdiction, or
10    surrender of membership on any medical staff or in any
11    medical or professional association or society, while
12    under disciplinary investigation by any of those
13    authorities or bodies, for acts or conduct similar to acts
14    or conduct which would constitute grounds for action as
15    defined in this Section.
16        (36) Failure to report to the Department any adverse
17    judgment, settlement, or award arising from a liability
18    claim related to acts or conduct similar to acts or conduct
19    which would constitute grounds for action as defined in
20    this Section.
21        (37) Failure to provide copies of medical records as
22    required by law.
23        (38) Failure to furnish the Department, its
24    investigators or representatives, relevant information,
25    legally requested by the Department after consultation
26    with the Chief Medical Coordinator or the Deputy Medical

 

 

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1    Coordinator.
2        (39) Violating the Health Care Worker Self-Referral
3    Act.
4        (40) Willful failure to provide notice when notice is
5    required under the Parental Notice of Abortion Act of 1995.
6        (41) Failure to establish and maintain records of
7    patient care and treatment as required by this law.
8        (42) Entering into an excessive number of written
9    collaborative agreements with licensed advanced practice
10    nurses resulting in an inability to adequately
11    collaborate.
12        (43) Repeated failure to adequately collaborate with a
13    licensed advanced practice nurse.
14    All proceedings to suspend, revoke, place on probationary
15status, or take any other disciplinary action as the Department
16may deem proper, with regard to a license on any of the
17foregoing grounds, must be commenced within 3 years next after
18receipt by the Department of a complaint alleging the
19commission of or notice of the conviction order for any of the
20acts described herein. Except for the grounds numbered (8), (9)
21and (29), no action shall be commenced more than 5 years after
22the date of the incident or act alleged to have violated this
23Section. In the event of the settlement of any claim or cause
24of action in favor of the claimant or the reduction to final
25judgment of any civil action in favor of the plaintiff, such
26claim, cause of action or civil action being grounded on the

 

 

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1allegation that a person licensed under this Act was negligent
2in providing care, the Department shall have an additional
3period of one year from the date of notification to the
4Department under Section 23 of this Act of such settlement or
5final judgment in which to investigate and commence formal
6disciplinary proceedings under Section 36 of this Act, except
7as otherwise provided by law. The time during which the holder
8of the license was outside the State of Illinois shall not be
9included within any period of time limiting the commencement of
10disciplinary action by the Department.
11    The entry of an order or judgment by any circuit court
12establishing that any person holding a license under this Act
13is a person in need of mental treatment operates as a
14suspension of that license. That person may resume their
15practice only upon the entry of a Departmental order based upon
16a finding by the Medical Disciplinary Board that they have been
17determined to be recovered from mental illness by the court and
18upon the Disciplinary Board's recommendation that they be
19permitted to resume their practice.
20    The Department may refuse to issue or take disciplinary
21action concerning the license of any person who fails to file a
22return, or to pay the tax, penalty or interest shown in a filed
23return, or to pay any final assessment of tax, penalty or
24interest, as required by any tax Act administered by the
25Illinois Department of Revenue, until such time as the
26requirements of any such tax Act are satisfied as determined by

 

 

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1the Illinois Department of Revenue.
2    The Department, upon the recommendation of the
3Disciplinary Board, shall adopt rules which set forth standards
4to be used in determining:
5        (a) when a person will be deemed sufficiently
6    rehabilitated to warrant the public trust;
7        (b) what constitutes dishonorable, unethical or
8    unprofessional conduct of a character likely to deceive,
9    defraud, or harm the public;
10        (c) what constitutes immoral conduct in the commission
11    of any act, including, but not limited to, commission of an
12    act of sexual misconduct related to the licensee's
13    practice; and
14        (d) what constitutes gross negligence in the practice
15    of medicine.
16    However, no such rule shall be admissible into evidence in
17any civil action except for review of a licensing or other
18disciplinary action under this Act.
19    In enforcing this Section, the Medical Disciplinary Board,
20upon a showing of a possible violation, may compel any
21individual licensed to practice under this Act, or who has
22applied for licensure or a permit pursuant to this Act, to
23submit to a mental or physical examination, or both, as
24required by and at the expense of the Department. The examining
25physician or physicians shall be those specifically designated
26by the Disciplinary Board. The Medical Disciplinary Board or

 

 

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1the Department may order the examining physician to present
2testimony concerning this mental or physical examination of the
3licensee or applicant. No information shall be excluded by
4reason of any common law or statutory privilege relating to
5communication between the licensee or applicant and the
6examining physician. The individual to be examined may have, at
7his or her own expense, another physician of his or her choice
8present during all aspects of the examination. Failure of any
9individual to submit to mental or physical examination, when
10directed, shall be grounds for suspension of his or her license
11until such time as the individual submits to the examination if
12the Disciplinary Board finds, after notice and hearing, that
13the refusal to submit to the examination was without reasonable
14cause. If the Disciplinary Board finds a physician unable to
15practice because of the reasons set forth in this Section, the
16Disciplinary Board shall require such physician to submit to
17care, counseling, or treatment by physicians approved or
18designated by the Disciplinary Board, as a condition for
19continued, reinstated, or renewed licensure to practice. Any
20physician, whose license was granted pursuant to Sections 9,
2117, or 19 of this Act, or, continued, reinstated, renewed,
22disciplined or supervised, subject to such terms, conditions or
23restrictions who shall fail to comply with such terms,
24conditions or restrictions, or to complete a required program
25of care, counseling, or treatment, as determined by the Chief
26Medical Coordinator or Deputy Medical Coordinators, shall be

 

 

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1referred to the Director for a determination as to whether the
2licensee shall have their license suspended immediately,
3pending a hearing by the Disciplinary Board. In instances in
4which the Director immediately suspends a license under this
5Section, a hearing upon such person's license must be convened
6by the Disciplinary Board within 15 days after such suspension
7and completed without appreciable delay. The Disciplinary
8Board shall have the authority to review the subject
9physician's record of treatment and counseling regarding the
10impairment, to the extent permitted by applicable federal
11statutes and regulations safeguarding the confidentiality of
12medical records.
13    An individual licensed under this Act, affected under this
14Section, shall be afforded an opportunity to demonstrate to the
15Disciplinary Board that they can resume practice in compliance
16with acceptable and prevailing standards under the provisions
17of their license.
18    The Department may promulgate rules for the imposition of
19fines in disciplinary cases, not to exceed $5,000 for each
20violation of this Act. Fines may be imposed in conjunction with
21other forms of disciplinary action, but shall not be the
22exclusive disposition of any disciplinary action arising out of
23conduct resulting in death or injury to a patient. Any funds
24collected from such fines shall be deposited in the Medical
25Disciplinary Fund.
26    (B) The Department shall revoke the license or visiting

 

 

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1permit of any person issued under this Act to practice medicine
2or to treat human ailments without the use of drugs and without
3operative surgery, who has been convicted a second time of
4committing any felony under the Illinois Controlled Substances
5Act or the Methamphetamine Control and Community Protection
6Act, or who has been convicted a second time of committing a
7Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
8Public Aid Code. A person whose license or visiting permit is
9revoked under this subsection B of Section 22 of this Act shall
10be prohibited from practicing medicine or treating human
11ailments without the use of drugs and without operative
12surgery.
13    (C) The Medical Disciplinary Board shall recommend to the
14Department civil penalties and any other appropriate
15discipline in disciplinary cases when the Board finds that a
16physician willfully performed an abortion with actual
17knowledge that the person upon whom the abortion has been
18performed is a minor or an incompetent person without notice as
19required under the Parental Notice of Abortion Act of 1995.
20Upon the Board's recommendation, the Department shall impose,
21for the first violation, a civil penalty of $1,000 and for a
22second or subsequent violation, a civil penalty of $5,000.
23(Source: P.A. 94-566, eff. 9-11-05; 95-331, eff. 8-21-07;
2496-608, eff. 8-24-09; 96-1000, eff. 7-2-10.)
 
25    Section 900. The Illinois Dental Practice Act is amended by

 

 

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1changing Section 23 as follows:
 
2    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 23. Refusal, revocation or suspension of dental
5licenses. The Department may refuse to issue or renew, or may
6revoke, suspend, place on probation, reprimand or take other
7disciplinary action as the Department may deem proper,
8including fines not to exceed $10,000 per violation, with
9regard to any license for any one or any combination of the
10following causes:
11        1. Fraud in procuring the license.
12        2. Habitual intoxication or addiction to the use of
13    drugs.
14        3. Willful or repeated violations of the rules of the
15    Department of Public Health or Department of Nuclear
16    Safety.
17        4. Acceptance of a fee for service as a witness,
18    without the knowledge of the court, in addition to the fee
19    allowed by the court.
20        5. Division of fees or agreeing to split or divide the
21    fees received for dental services with any person for
22    bringing or referring a patient, except in regard to
23    referral services as provided for under Section 45, or
24    assisting in the care or treatment of a patient, without
25    the knowledge of the patient or his legal representative.

 

 

HB3625- 31 -LRB097 08680 AJO 48809 b

1    Nothing in this item 5 affects any bona fide independent
2    contractor or employment arrangements among health care
3    professionals, health facilities, health care providers,
4    or other entities, except as otherwise prohibited by law.
5    Any employment arrangements may include provisions for
6    compensation, health insurance, pension, or other
7    employment benefits for the provision of services within
8    the scope of the licensee's practice under this Act.
9    Nothing in this item 5 shall be construed to require an
10    employment arrangement to receive professional fees for
11    services rendered.
12        6. Employing, procuring, inducing, aiding or abetting
13    a person not licensed or registered as a dentist to engage
14    in the practice of dentistry. The person practiced upon is
15    not an accomplice, employer, procurer, inducer, aider, or
16    abetter within the meaning of this Act.
17        7. Making any misrepresentations or false promises,
18    directly or indirectly, to influence, persuade or induce
19    dental patronage.
20        8. Professional connection or association with or
21    lending his name to another for the illegal practice of
22    dentistry by another, or professional connection or
23    association with any person, firm or corporation holding
24    himself, herself, themselves, or itself out in any manner
25    contrary to this Act.
26        9. Obtaining or seeking to obtain practice, money, or

 

 

HB3625- 32 -LRB097 08680 AJO 48809 b

1    any other things of value by false or fraudulent
2    representations, but not limited to, engaging in such
3    fraudulent practice to defraud the medical assistance
4    program of the Department of Healthcare and Family Services
5    (formerly Department of Public Aid).
6        10. Practicing under a name other than his or her own.
7        11. Engaging in dishonorable, unethical, or
8    unprofessional conduct of a character likely to deceive,
9    defraud, or harm the public.
10        12. Conviction in this or another State of any crime
11    which is a felony under the laws of this State or
12    conviction of a felony in a federal court, conviction of a
13    misdemeanor, an essential element of which is dishonesty,
14    or conviction of any crime which is directly related to the
15    practice of dentistry or dental hygiene.
16        13. Permitting a dental hygienist, dental assistant or
17    other person under his or her supervision to perform any
18    operation not authorized by this Act.
19        14. Permitting more than 4 dental hygienists to be
20    employed under his supervision at any one time.
21        15. A violation of any provision of this Act or any
22    rules promulgated under this Act.
23        16. Taking impressions for or using the services of any
24    person, firm or corporation violating this Act.
25        17. Violating any provision of Section 45 relating to
26    advertising.

 

 

HB3625- 33 -LRB097 08680 AJO 48809 b

1        18. Discipline by another U.S. jurisdiction or foreign
2    nation, if at least one of the grounds for the discipline
3    is the same or substantially equivalent to those set forth
4    within this Act.
5        19. Willfully failing to report an instance of
6    suspected child abuse or neglect as required by the Abused
7    and Neglected Child Reporting Act or an instance of torture
8    as required by the Torture Reporting Act.
9        20. Gross or repeated malpractice resulting in injury
10    or death of a patient.
11        21. The use or prescription for use of narcotics or
12    controlled substances or designated products as listed in
13    the Illinois Controlled Substances Act, in any way other
14    than for therapeutic purposes.
15        22. Willfully making or filing false records or reports
16    in his practice as a dentist, including, but not limited
17    to, false records to support claims against the dental
18    assistance program of the Department of Healthcare and
19    Family Services (formerly Illinois Department of Public
20    Aid).
21        23. Professional incompetence as manifested by poor
22    standards of care.
23        24. Physical or mental illness, including, but not
24    limited to, deterioration through the aging process, or
25    loss of motor skills which results in a dentist's inability
26    to practice dentistry with reasonable judgment, skill or

 

 

HB3625- 34 -LRB097 08680 AJO 48809 b

1    safety. In enforcing this paragraph, the Department may
2    compel a person licensed to practice under this Act to
3    submit to a mental or physical examination pursuant to the
4    terms and conditions of Section 23b.
5        25. Repeated irregularities in billing a third party
6    for services rendered to a patient. For purposes of this
7    paragraph 25, "irregularities in billing" shall include:
8            (a) Reporting excessive charges for the purpose of
9        obtaining a total payment in excess of that usually
10        received by the dentist for the services rendered.
11            (b) Reporting charges for services not rendered.
12            (c) Incorrectly reporting services rendered for
13        the purpose of obtaining payment not earned.
14        26. Continuing the active practice of dentistry while
15    knowingly having any infectious, communicable, or
16    contagious disease proscribed by rule or regulation of the
17    Department.
18        27. Being named as a perpetrator in an indicated report
19    by the Department of Children and Family Services pursuant
20    to the Abused and Neglected Child Reporting Act, and upon
21    proof by clear and convincing evidence that the licensee
22    has caused a child to be an abused child or neglected child
23    as defined in the Abused and Neglected Child Reporting Act.
24        28. Violating the Health Care Worker Self-Referral
25    Act.
26        29. Abandonment of a patient.

 

 

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1        30. Mental incompetency as declared by a court of
2    competent jurisdiction.
3    All proceedings to suspend, revoke, place on probationary
4status, or take any other disciplinary action as the Department
5may deem proper, with regard to a license on any of the
6foregoing grounds, must be commenced within 3 years after
7receipt by the Department of a complaint alleging the
8commission of or notice of the conviction order for any of the
9acts described herein. Except for fraud in procuring a license,
10no action shall be commenced more than 5 years after the date
11of the incident or act alleged to have violated this Section.
12The time during which the holder of the license was outside the
13State of Illinois shall not be included within any period of
14time limiting the commencement of disciplinary action by the
15Department.
16    The Department may refuse to issue or may suspend the
17license of any person who fails to file a return, or to pay the
18tax, penalty or interest shown in a filed return, or to pay any
19final assessment of tax, penalty or interest, as required by
20any tax Act administered by the Illinois Department of Revenue,
21until such time as the requirements of any such tax Act are
22satisfied.
23(Source: P.A. 96-1482, eff. 11-29-10.)

 

 

HB3625- 36 -LRB097 08680 AJO 48809 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    225 ILCS 60/22from Ch. 111, par. 4400-22
5    225 ILCS 25/23from Ch. 111, par. 2323

 

 

HB3625- 37 -LRB097 08680 AJO 48809 b

1 INDEX
2 Statutes amended in order of appearance
3    See Index