093_SB0105enr

 
SB105 Enrolled                       LRB093 06657 AMC 06790 b

 1        AN ACT concerning professional regulation.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Medical Practice Act of 1987 is amended by
 5    adding Section 7.5 as follows:

 6        (225 ILCS 60/7.5 new)
 7        (Section scheduled to be repealed on January 1, 2007)
 8        Sec. 7.5.  Complaint Committee.
 9        (a)  There  shall  be  a  Complaint  Committee   of   the
10    Disciplinary  Board  composed  of at least one of the medical
11    coordinators established by subsection (g) of  Section  7  of
12    this   Act,  the  Chief  of  Medical  Investigations  (person
13    employed by the Department who is in charge of  investigating
14    complaints  against physicians and physician assistants), and
15    at least 3 voting members of the Disciplinary Board (at least
16    2 of whom shall be physicians) designated by the Chairman  of
17    the  Medical  Disciplinary  Board  with  the  approval of the
18    Disciplinary  Board.  The  Disciplinary  Board   members   so
19    appointed  shall serve one-year terms and may be eligible for
20    reappointment for subsequent terms.
21        (b)  The Complaint Committee shall meet at least twice  a
22    month  to  exercise  its  functions  and  duties set forth in
23    subsection (c) below. At least 2 members of the  Disciplinary
24    Board  shall be in attendance in order for any business to be
25    transacted  by  the  Complaint   Committee.   The   Complaint
26    Committee  shall  make every effort to consider expeditiously
27    and take prompt action on each item on its agenda.
28        (c)  The Complaint Committee  shall  have  the  following
29    duties and functions:
30             (1)  To  recommend  to the Disciplinary Board that a
31        complaint file be closed.
 
SB105 Enrolled             -2-       LRB093 06657 AMC 06790 b
 1             (2)  To refer a complaint file to the office of  the
 2        Chief  of  Medical  Prosecutions  (person employed by the
 3        Department  who  is  in  charge  of  prosecuting   formal
 4        complaints against licensees) for review.
 5             (3)  To  make  a  decision  in  conjunction with the
 6        Chief of Medical  Prosecutions  regarding  action  to  be
 7        taken on a complaint file.
 8        (d)  In  determining  what  action  to take or whether to
 9    proceed  with  prosecution  of  a  complaint,  the  Complaint
10    Committee  shall  consider,  but  not  be  limited  to,   the
11    following  factors:  sufficiency  of  the evidence presented,
12    prosecutorial  merit  under  Section  22  of  this  Act,  and
13    insufficient cooperation from complaining parties.