99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0207

 

Introduced , by Rep. Mary E. Flowers

 

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

    Creates the Right to Try Act. Provides that an eligible patient with a terminal illness who has considered all other treatment options approved by the United States Food and Drug Administration may acquire from a manufacturer an investigational drug, biological product, or device that has successfully completed Phase 1 of a clinical trial, but has not been approved for general use by the United States Food and Drug Administration. Provides that a manufacturer may, but is not required to, provide an investigational drug, biological product, or device to an eligible patient, either with or without receiving compensation. Provides that an accident and health insurer may, but is not required to, provide coverage for an eligible patient seeking such a drug, product, or device. Provides that an entity responsible for Medicare certification may not take action against a health care provider's Medicare certification based solely on the health care provider's recommendation that a patient have access to an investigational drug, biological product, or device. Defines required terms. Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation may not revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against the license or permit of a physician to practice medicine based solely on the physician's recommendation to an eligible patient regarding, or prescription for, or treatment with an investigational drug, biological product, or device.


LRB099 03736 JLK 24264 b

 

 

A BILL FOR

 

HB0207LRB099 03736 JLK 24264 b

1    AN ACT concerning health.
 
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 Right
5to Try Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Eligible patient" means an individual who:
8        (1) has an terminal illness, attested to by the
9    patient's treating physician;
10        (2) has considered all other treatment options
11    currently approved by the United States Food and Drug
12    Administration;
13        (3) has received a recommendation from his or her
14    treating physician for an investigational drug, biological
15    product, or device;
16        (4) has given written, informed consent for the use of
17    the investigational drug, biological product, or device;
18    and
19        (5) has documentation from his or her treating
20    physician that he or she meets the requirements of this
21    Act.
22    "Hospital" means a hospital licensed under the Hospital
23Licensing Act or a hospital organized under the University of

 

 

HB0207- 2 -LRB099 03736 JLK 24264 b

1Illinois Hospital Act.
2    "Investigational drug, biological product, or device"
3means a drug, biological product, or device that has
4successfully completed Phase 1 of a clinical trial but has not
5yet been approved for general use by the United States Food and
6Drug Administration and remains under investigation in a
7clinical trial approved by the United States Food and Drug
8Administration.
9    "Terminal illness" means a progressive disease or medical
10or surgical condition that entails significant functional
11impairment, that is not considered by a treating physician to
12be reversible even with administration of current available
13treatments approved by the United States Food and Drug
14Administration, and that, without life-sustaining procedures,
15will soon result in death.
16    "Written, informed consent" means a written document that
17is signed by the patient, parent (if the patient is a minor),
18legal guardian, or health care agent designated by the patient
19under Article IV of the Illinois Power of Attorney Act, and
20attested to by the patient's physician and a witness and that,
21at a minimum, includes all of the following:
22        (i) An explanation of the currently approved products
23    and treatments for the disease or condition from which the
24    patient suffers.
25        (ii) An attestation that the patient concurs with his
26    or her physician in believing that all currently approved

 

 

HB0207- 3 -LRB099 03736 JLK 24264 b

1    and conventionally recognized treatments are unlikely to
2    prolong the patient's life.
3        (iii) Clear identification of the specific proposed
4    investigational drug, biological product, or device that
5    the patient is seeking to use.
6        (iv) A description of the potentially best and worst
7    outcomes of using the investigational drug, biological
8    product, or device and a realistic description of the most
9    likely outcome. The description shall include the
10    possibility that new, unanticipated, different, or worse
11    symptoms might result and that death could be hastened by
12    the proposed treatment. The description shall be based on
13    the physician's knowledge of the proposed treatment in
14    conjunction with an awareness of the patient's condition.
15        (v) A statement that the patient's health plan or
16    third-party administrator and provider are not obligated
17    to pay for any care or treatments consequent to the use of
18    the investigational drug, biological product, or device,
19    unless they are specifically required to do so by law or
20    contract.
21        (vi) A statement that the patient's eligibility for
22    hospice care may be withdrawn if the patient begins
23    curative treatment with the investigational drug,
24    biological product, or device and that care may be
25    reinstated if this treatment ends and the patient meets
26    hospice eligibility requirements.

 

 

HB0207- 4 -LRB099 03736 JLK 24264 b

1        (vii) A statement that the patient understands that he
2    or she is liable for all expenses consequent to the use of
3    the investigational drug, biological product, or device
4    and that this liability extends to the patient's estate,
5    unless a contract between the patient and the manufacturer
6    of the drug, biological product, or device states
7    otherwise.
 
8    Section 10. Drug manufacturers; availability of
9investigational drugs, biological products, or devices.
10    (a) A manufacturer of an investigational drug, biological
11product, or device may make available and an eligible patient
12may request the manufacturer's investigational drug,
13biological product, or device under this Act. This Act does not
14require that a manufacturer make available an investigational
15drug, biological product, or device to an eligible patient.
16    (b) A manufacturer may:
17        (1) provide an investigational drug, biological
18    product, or device to an eligible patient without receiving
19    compensation; or
20        (2) require an eligible patient to pay the costs of, or
21    the costs associated with, the manufacture of the
22    investigational drug, biological product, or device.
 
23    Section 15. Coverage; costs; services.
24    (a) This Act does not expand the coverage required of an

 

 

HB0207- 5 -LRB099 03736 JLK 24264 b

1accident and health insurer under the Illinois Insurance Code.
2    (b) A health plan, third-party administrator, or
3governmental agency may, but is not required to, provide
4coverage for the cost of an investigational drug, biological
5product, or device, or the cost of services related to the use
6of an investigational drug, biological product, or device under
7this Act.
8    (c) This Act does not require any governmental agency to
9pay costs associated with the use, care, or treatment of a
10patient with an investigational drug, biological product, or
11device.
12    (d) This Act does not require a hospital to provide new or
13additional services, unless approved by the hospital or
14facility.
 
15    Section 20. Death; outstanding debt. If a patient dies
16while being treated with an investigational drug, biological
17product, or device, the patient's heirs are not liable for any
18outstanding debt related to the treatment or lack of insurance
19due to the treatment.
 
20    Section 25. Action against Medicare certification. An
21entity responsible for Medicare certification may not take
22action against a health care provider's Medicare certification
23based solely on the health care provider's recommendation that
24a patient have access to an investigational drug, biological

 

 

HB0207- 6 -LRB099 03736 JLK 24264 b

1product, or device.
 
2    Section 30. Access; counseling. An official, employee, or
3agent of this State may not block or attempt to block an
4eligible patient's access to an investigational drug,
5biological product, or device. Counseling, advice, or a
6recommendation consistent with medical standards of care from a
7licensed health care provider is not a violation of this Act.
 
8    Section 35. No private cause of action; health care
9coverage.
10    (a) This Act does not create a private cause of action
11against a manufacturer of an investigational drug, biological
12product, or device or against any other person or entity
13involved in the care of an eligible patient using the
14investigational drug, biological product, or device for any
15harm done to the eligible patient resulting from the
16investigational drug, biological product, or device, if the
17manufacturer or other person or entity is complying in good
18faith with the terms of this Act and has exercised reasonable
19care.
20    (b) This Act does not affect any mandatory health care
21coverage for participation in clinical trials under the
22Illinois Insurance Code.
 
23    Section 50. The Medical Practice Act of 1987 is amended by

 

 

HB0207- 7 -LRB099 03736 JLK 24264 b

1changing Section 22 as follows:
 
2    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
3    (Section scheduled to be repealed on December 31, 2015)
4    Sec. 22. Disciplinary action.
5    (A) The Department may revoke, suspend, place on probation,
6reprimand, refuse to issue or renew, or take any other
7disciplinary or non-disciplinary action as the Department may
8deem proper with regard to the license or permit of any person
9issued under this Act, including imposing fines not to exceed
10$10,000 for each violation, upon any of the following 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

 

 

HB0207- 8 -LRB099 03736 JLK 24264 b

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) A plea of guilty or nolo contendere, finding of
11    guilt, jury verdict, or entry of judgment or sentencing,
12    including, but not limited to, convictions, preceding
13    sentences of supervision, conditional discharge, or first
14    offender probation, under the laws of any jurisdiction of
15    the United States of any crime that is a felony.
16        (4) Gross negligence in practice under this Act.
17        (5) Engaging in dishonorable, unethical or
18    unprofessional conduct of a character likely to deceive,
19    defraud or harm the public.
20        (6) Obtaining any fee by fraud, deceit, or
21    misrepresentation.
22        (7) Habitual or excessive use or abuse of drugs defined
23    in law as controlled substances, of alcohol, or of any
24    other substances which results in the inability to practice
25    with reasonable judgment, skill or safety.
26        (8) Practicing under a false or, except as provided by

 

 

HB0207- 9 -LRB099 03736 JLK 24264 b

1    law, an assumed name.
2        (9) Fraud or misrepresentation in applying for, or
3    procuring, a license under this Act or in connection with
4    applying for renewal of a license under this Act.
5        (10) Making a false or misleading statement regarding
6    their skill or the efficacy or value of the medicine,
7    treatment, or remedy prescribed by them at their direction
8    in the treatment of any disease or other condition of the
9    body or mind.
10        (11) Allowing another person or organization to use
11    their license, procured under this Act, to practice.
12        (12) Adverse action taken by another state or
13    jurisdiction against a license or other authorization to
14    practice as a medical doctor, doctor of osteopathy, doctor
15    of osteopathic medicine or doctor of chiropractic, a
16    certified copy of the record of the action taken by the
17    other state or jurisdiction being prima facie evidence
18    thereof. This includes any adverse action taken by a State
19    or federal agency that prohibits a medical doctor, doctor
20    of osteopathy, doctor of osteopathic medicine, or doctor of
21    chiropractic from providing services to the agency's
22    participants.
23        (13) Violation of any provision of this Act or of the
24    Medical Practice Act prior to the repeal of that Act, or
25    violation of the rules, or a final administrative action of
26    the Secretary, after consideration of the recommendation

 

 

HB0207- 10 -LRB099 03736 JLK 24264 b

1    of the Disciplinary Board.
2        (14) Violation of the prohibition against fee
3    splitting in Section 22.2 of this Act.
4        (15) A finding by the Disciplinary Board that the
5    registrant after having his or her license placed on
6    probationary status or subjected to conditions or
7    restrictions violated the terms of the probation or failed
8    to comply with such terms or conditions.
9        (16) Abandonment of a patient.
10        (17) Prescribing, selling, administering,
11    distributing, giving or self-administering any drug
12    classified as a controlled substance (designated product)
13    or narcotic for other than medically accepted therapeutic
14    purposes.
15        (18) Promotion of the sale of drugs, devices,
16    appliances or goods provided for a patient in such manner
17    as to exploit the patient for financial gain of the
18    physician.
19        (19) Offering, undertaking or agreeing to cure or treat
20    disease by a secret method, procedure, treatment or
21    medicine, or the treating, operating or prescribing for any
22    human condition by a method, means or procedure which the
23    licensee refuses to divulge upon demand of the Department.
24        (20) Immoral conduct in the commission of any act
25    including, but not limited to, commission of an act of
26    sexual misconduct related to the licensee's practice.

 

 

HB0207- 11 -LRB099 03736 JLK 24264 b

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

 

 

HB0207- 12 -LRB099 03736 JLK 24264 b

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

 

 

HB0207- 13 -LRB099 03736 JLK 24264 b

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

 

 

HB0207- 14 -LRB099 03736 JLK 24264 b

1        (37) Failure to provide copies of medical records as
2    required by law.
3        (38) Failure to furnish the Department, its
4    investigators or representatives, relevant information,
5    legally requested by the Department after consultation
6    with the Chief Medical Coordinator or the Deputy Medical
7    Coordinator.
8        (39) Violating the Health Care Worker Self-Referral
9    Act.
10        (40) Willful failure to provide notice when notice is
11    required under the Parental Notice of Abortion Act of 1995.
12        (41) Failure to establish and maintain records of
13    patient care and treatment as required by this law.
14        (42) Entering into an excessive number of written
15    collaborative agreements with licensed advanced practice
16    nurses resulting in an inability to adequately
17    collaborate.
18        (43) Repeated failure to adequately collaborate with a
19    licensed advanced practice nurse.
20        (44) Violating the Compassionate Use of Medical
21    Cannabis Pilot Program Act.
22        (45) Entering into an excessive number of written
23    collaborative agreements with licensed prescribing
24    psychologists resulting in an inability to adequately
25    collaborate.
26        (46) Repeated failure to adequately collaborate with a

 

 

HB0207- 15 -LRB099 03736 JLK 24264 b

1    licensed prescribing psychologist.
2    Except for actions involving the ground numbered (26), all
3proceedings to suspend, revoke, place on probationary status,
4or take any other disciplinary action as the Department may
5deem proper, with regard to a license on any of the foregoing
6grounds, must be commenced within 5 years next after receipt by
7the Department of a complaint alleging the commission of or
8notice of the conviction order for any of the acts described
9herein. Except for the grounds numbered (8), (9), (26), and
10(29), no action shall be commenced more than 10 years after the
11date of the incident or act alleged to have violated this
12Section. For actions involving the ground numbered (26), a
13pattern of practice or other behavior includes all incidents
14alleged to be part of the pattern of practice or other behavior
15that occurred, or a report pursuant to Section 23 of this Act
16received, within the 10-year period preceding the filing of the
17complaint. In the event of the settlement of any claim or cause
18of action in favor of the claimant or the reduction to final
19judgment of any civil action in favor of the plaintiff, such
20claim, cause of action or civil action being grounded on the
21allegation that a person licensed under this Act was negligent
22in providing care, the Department shall have an additional
23period of 2 years from the date of notification to the
24Department under Section 23 of this Act of such settlement or
25final judgment in which to investigate and commence formal
26disciplinary proceedings under Section 36 of this Act, except

 

 

HB0207- 16 -LRB099 03736 JLK 24264 b

1as otherwise provided by law. The time during which the holder
2of the license was outside the State of Illinois shall not be
3included within any period of time limiting the commencement of
4disciplinary action by the Department.
5    The entry of an order or judgment by any circuit court
6establishing that any person holding a license under this Act
7is a person in need of mental treatment operates as a
8suspension of that license. That person may resume their
9practice only upon the entry of a Departmental order based upon
10a finding by the Disciplinary Board that they have been
11determined to be recovered from mental illness by the court and
12upon the Disciplinary Board's recommendation that they be
13permitted to resume their practice.
14    The Department may refuse to issue or take disciplinary
15action concerning the license of any person who fails to file a
16return, or to pay the tax, penalty or interest shown in a filed
17return, or to pay any final assessment of tax, penalty or
18interest, as required by any tax Act administered by the
19Illinois Department of Revenue, until such time as the
20requirements of any such tax Act are satisfied as determined by
21the Illinois Department of Revenue.
22    The Department, upon the recommendation of the
23Disciplinary Board, shall adopt rules which set forth standards
24to be used in determining:
25        (a) when a person will be deemed sufficiently
26    rehabilitated to warrant the public trust;

 

 

HB0207- 17 -LRB099 03736 JLK 24264 b

1        (b) what constitutes dishonorable, unethical or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public;
4        (c) what constitutes immoral conduct in the commission
5    of any act, including, but not limited to, commission of an
6    act of sexual misconduct related to the licensee's
7    practice; and
8        (d) what constitutes gross negligence in the practice
9    of medicine.
10    However, no such rule shall be admissible into evidence in
11any civil action except for review of a licensing or other
12disciplinary action under this Act.
13    In enforcing this Section, the Disciplinary Board or the
14Licensing Board, upon a showing of a possible violation, may
15compel, in the case of the Disciplinary Board, any individual
16who is licensed to practice under this Act or holds a permit to
17practice under this Act, or, in the case of the Licensing
18Board, any individual who has applied for licensure or a permit
19pursuant to this Act, to submit to a mental or physical
20examination and evaluation, or both, which may include a
21substance abuse or sexual offender evaluation, as required by
22the Licensing Board or Disciplinary Board and at the expense of
23the Department. The Disciplinary Board or Licensing Board shall
24specifically designate the examining physician licensed to
25practice medicine in all of its branches or, if applicable, the
26multidisciplinary team involved in providing the mental or

 

 

HB0207- 18 -LRB099 03736 JLK 24264 b

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

 

 

HB0207- 19 -LRB099 03736 JLK 24264 b

1documents relating to the examination and evaluation. No
2information, report, record, or other documents in any way
3related to the examination and evaluation shall be excluded by
4reason of any common law or statutory privilege relating to
5communication between the licensee, permit holder, or
6applicant and the examining physician or any member of the
7multidisciplinary team. No authorization is necessary from the
8licensee, permit holder, or applicant ordered to undergo an
9evaluation and examination for the examining physician or any
10member of the multidisciplinary team to provide information,
11reports, records, or other documents or to provide any
12testimony regarding the examination and evaluation. The
13individual to be examined may have, at his or her own expense,
14another physician of his or her choice present during all
15aspects of the examination. Failure of any individual to submit
16to mental or physical examination and evaluation, or both, when
17directed, shall result in an automatic suspension, without
18hearing, until such time as the individual submits to the
19examination. If the Disciplinary Board or Licensing Board finds
20a physician unable to practice following an examination and
21evaluation because of the reasons set forth in this Section,
22the Disciplinary Board or Licensing Board shall require such
23physician to submit to care, counseling, or treatment by
24physicians, or other health care professionals, approved or
25designated by the Disciplinary Board, as a condition for
26issued, continued, reinstated, or renewed licensure to

 

 

HB0207- 20 -LRB099 03736 JLK 24264 b

1practice. Any physician, whose license was granted pursuant to
2Sections 9, 17, or 19 of this Act, or, continued, reinstated,
3renewed, disciplined or supervised, subject to such terms,
4conditions or restrictions who shall fail to comply with such
5terms, conditions or restrictions, or to complete a required
6program of care, counseling, or treatment, as determined by the
7Chief Medical Coordinator or Deputy Medical Coordinators,
8shall be referred to the Secretary for a determination as to
9whether the licensee shall have their license suspended
10immediately, pending a hearing by the Disciplinary Board. In
11instances in which the Secretary immediately suspends a license
12under this Section, a hearing upon such person's license must
13be convened by the Disciplinary Board within 15 days after such
14suspension and completed without appreciable delay. The
15Disciplinary Board shall have the authority to review the
16subject physician's record of treatment and counseling
17regarding the impairment, to the extent permitted by applicable
18federal statutes and regulations safeguarding the
19confidentiality of medical records.
20    An individual licensed under this Act, affected under this
21Section, shall be afforded an opportunity to demonstrate to the
22Disciplinary Board that they can resume practice in compliance
23with acceptable and prevailing standards under the provisions
24of their license.
25    The Department may promulgate rules for the imposition of
26fines in disciplinary cases, not to exceed $10,000 for each

 

 

HB0207- 21 -LRB099 03736 JLK 24264 b

1violation of this Act. Fines may be imposed in conjunction with
2other forms of disciplinary action, but shall not be the
3exclusive disposition of any disciplinary action arising out of
4conduct resulting in death or injury to a patient. Any funds
5collected from such fines shall be deposited in the Medical
6Disciplinary Fund.
7    All fines imposed under this Section shall be paid within
860 days after the effective date of the order imposing the fine
9or in accordance with the terms set forth in the order imposing
10the fine.
11    (B) The Department shall revoke the license or permit
12issued under this Act to practice medicine or a chiropractic
13physician who has been convicted a second time of committing
14any felony under the Illinois Controlled Substances Act or the
15Methamphetamine Control and Community Protection Act, or who
16has been convicted a second time of committing a Class 1 felony
17under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
18person whose license or permit is revoked under this subsection
19B shall be prohibited from practicing medicine or treating
20human ailments without the use of drugs and without operative
21surgery.
22    (C) The Department shall not revoke, suspend, place on
23probation, reprimand, refuse to issue or renew, or take any
24other disciplinary or non-disciplinary action against the
25license or permit issued under this Act to practice medicine to
26a physician based solely upon the recommendation of the

 

 

HB0207- 22 -LRB099 03736 JLK 24264 b

1physician to an eligible patient regarding, or prescription
2for, or treatment with, an investigational drug, biological
3product, or device.
4    (D) (C) The Disciplinary Board shall recommend to the
5Department civil penalties and any other appropriate
6discipline in disciplinary cases when the Board finds that a
7physician willfully performed an abortion with actual
8knowledge that the person upon whom the abortion has been
9performed is a minor or an incompetent person without notice as
10required under the Parental Notice of Abortion Act of 1995.
11Upon the Board's recommendation, the Department shall impose,
12for the first violation, a civil penalty of $1,000 and for a
13second or subsequent violation, a civil penalty of $5,000.
14(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13;
1598-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)