093_SB1749eng

 
SB1749 Engrossed                     LRB093 07666 AMC 07846 b

 1        AN ACT concerning the practice of medicine.

 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
 5    by changing Section 7 as follows:

 6        (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
 7        (Section scheduled to be repealed on January 1, 2007)
 8        Sec. 7.  Medical Disciplinary Board.
 9        (A) There is hereby created the  Illinois  State  Medical
10    Disciplinary   Board   (hereinafter   referred   to   as  the
11    "Disciplinary Board").  The Disciplinary Board shall  consist
12    of 9 members, to be appointed by the Governor by and with the
13    advice  and consent of the Senate.  All shall be residents of
14    the State, not more than 5 of whom shall be  members  of  the
15    same  political  party.   Five  members  shall  be physicians
16    licensed to practice medicine  in  all  of  its  branches  in
17    Illinois  possessing  the  degree of doctor of medicine.  Two
18    shall be members of the public, who shall not be  engaged  in
19    any way, directly or indirectly, as providers of health care.
20    The  2 public members shall act as voting members. nonvoting,
21    ex-officio members and shall not be considered in determining
22    the existence, or lack of existence,  of  a  quorum  for  all
23    purposes  for  which  a quorum may be called pursuant to this
24    Act.  One member shall be a physician licensed to practice in
25    Illinois possessing the degree of  doctor  of  osteopathy  or
26    osteopathic  medicine.   One  member  shall  be  a  physician
27    licensed to practice in Illinois and possessing the degree of
28    doctor of chiropractic.
29        (B)  Members of the Disciplinary Board shall be appointed
30    for terms of 4 years.  Upon the expiration of the term of any
31    member,  their  successor  shall be appointed for a term of 4
 
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 1    years by the Governor by and with the advice and  consent  of
 2    the  Senate.   The  Governor  shall  fill any vacancy for the
 3    remainder of the unexpired term by and with  the  advice  and
 4    consent of the Senate.  Upon recommendation of the Board, any
 5    member  of  the  Disciplinary  Board  may  be  removed by the
 6    Governor for misfeasance, malfeasance, or wilful  neglect  of
 7    duty,  after notice, and a public hearing, unless such notice
 8    and hearing shall  be  expressly  waived  in  writing.   Each
 9    member  shall  serve  on  the  Disciplinary Board until their
10    successor is appointed  and  qualified.   No  member  of  the
11    Disciplinary Board shall serve more than 2 consecutive 4 year
12    terms.
13        In  making  appointments  the  Governor  shall attempt to
14    insure that the various social and geographic regions of  the
15    State of Illinois are properly represented.
16        In  making  the  designation  of  persons  to act for the
17    several professions represented on  the  Disciplinary  Board,
18    the  Governor shall give due consideration to recommendations
19    by members of the respective professions and by organizations
20    therein.
21        (C)  The Disciplinary Board shall annually elect  one  of
22    its   voting   members   as   chairperson  and  one  as  vice
23    chairperson.  No officer shall be elected more than twice  in
24    succession  to  the  same  office.   Each officer shall serve
25    until their successor has been elected and qualified.
26        (D)  (Blank).
27        (E)  Four voting members of the Disciplinary Board  shall
28    constitute  a  quorum.   A  vacancy  in the membership of the
29    Disciplinary Board shall not impair the right of a quorum  to
30    exercise  all  the  rights  and perform all the duties of the
31    Disciplinary Board.  Any action  taken  by  the  Disciplinary
32    Board  under  this Act may be authorized by resolution at any
33    regular or special meeting and  each  such  resolution  shall
34    take  effect  immediately.  The Disciplinary Board shall meet
 
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 1    at least quarterly.  The Disciplinary Board is  empowered  to
 2    adopt all rules and regulations necessary and incident to the
 3    powers granted to it under this Act.
 4        (F)  Each member, and member-officer, of the Disciplinary
 5    Board shall receive a per diem stipend as the Director of the
 6    Department,  hereinafter  referred  to as the Director, shall
 7    determine.  The Director shall also determine  the  per  diem
 8    stipend  that  each  ex-officio  member  shall receive.  Each
 9    member shall be paid their necessary expenses  while  engaged
10    in the performance of their duties.
11        (G)  The   Director   shall   select   a   Chief  Medical
12    Coordinator and a Deputy Medical Coordinator who shall not be
13    members of the Disciplinary Board.  Each medical  coordinator
14    shall  be a physician licensed to practice medicine in all of
15    its branches, and the  Director  shall  set  their  rates  of
16    compensation.    The   Director   shall  assign  one  medical
17    coordinator to a region composed  of  Cook  County  and  such
18    other counties as the Director may deem appropriate, and such
19    medical  coordinator  shall  locate  their office in Chicago.
20    The Director shall assign the remaining  medical  coordinator
21    to a region composed of the balance of counties in the State,
22    and  such  medical  coordinator  shall locate their office in
23    Springfield.  Each medical coordinator  shall  be  the  chief
24    enforcement  officer of this Act in their assigned region and
25    shall serve at the will of the Disciplinary Board.
26        The  Director  shall  employ,  in  conformity  with   the
27    Personnel  Code, not less than one full time investigator for
28    every  5000  physicians  licensed   in   the   State.    Each
29    investigator  shall  be  a  college  graduate with at least 2
30    years' investigative experience or one year advanced  medical
31    education.   Upon  the  written  request  of the Disciplinary
32    Board, the Director shall  employ,  in  conformity  with  the
33    Personnel   Code,   such   other   professional,   technical,
34    investigative,  and  clerical  help,  either  on  a  full  or
 
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 1    part-time basis as the Disciplinary Board deems necessary for
 2    the proper performance of its duties.
 3        (H)  Upon the specific request of the Disciplinary Board,
 4    signed  by  either  the chairman, vice chairman, or a medical
 5    coordinator of the  Disciplinary  Board,  the  Department  of
 6    Human  Services  or the Department of State Police shall make
 7    available any and all information that  they  have  in  their
 8    possession   regarding   a   particular   case   then   under
 9    investigation by the Disciplinary Board.
10        (I)  Members  of  the  Disciplinary Board shall be immune
11    from  suit  in  any  action  based  upon   any   disciplinary
12    proceedings  or other acts performed in good faith as members
13    of the Disciplinary Board.
14        (J)  The Disciplinary Board may compile and  establish  a
15    statewide    roster   of   physicians   and   other   medical
16    professionals, including the several medical specialties,  of
17    such physicians and medical professionals, who have agreed to
18    serve   from   time  to  time  as  advisors  to  the  medical
19    coordinators.   Such  advisors  shall  assist   the   medical
20    coordinators  in  their  investigations  and participation in
21    complaints against physicians.   Such  advisors  shall  serve
22    under  contract  and shall be reimbursed at a reasonable rate
23    for the services provided, plus reasonable expenses incurred.
24    While serving in this capacity,  the  advisor,  for  any  act
25    undertaken  in  good faith and in the conduct of their duties
26    under this Section, shall be immune from civil suit.
27    (Source: P.A. 89-507, eff. 7-1-97; 89-702, eff. 7-1-97.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.