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Full Text of HB0214  97th General Assembly

HB0214 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0214

 

Introduced 01/21/11, by Rep. Dan Reitz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Extends the repeal date of the Medical Practice Act of 1987 from November 30, 2011 to January 1, 2021. Also includes revisory changes. Amends the Medical Practice Act of 1987. Provides that in determining what action to take or whether to proceed with prosecution of a complaint, the Complaint Committee shall consider any recommendation made by the Department. Sets forth criteria that the Licensing Board may consider in making a determination of professional capacity, and makes other changes concerning professional capacity. Makes a change concerning a visiting professor permit. Changes references from "licensure without examination" to "licensure by endorsement". Makes a change concerning requiring an examination. Adds specific requirements for mental and physical examinations required by the Licensing Board or Disciplinary Board, and authorizes a substance abuse or sexual offender evaluation. Changes the reporting requirements for State's Attorneys. Allows the disclosure of certain confidential information to a medical licensing authority of another state or jurisdiction in certain instances. Repeals a Section concerning the practice of medicine by persons licensed in any other state who have applied for a license to practice medicine in this State. Makes other changes. Also reenacts certain provisions of Public Act 94-677, which was declared to be unconstitutional; includes explanatory and validation provisions. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning professional regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings; purpose; base text and changes;
5validation.
6    (a) The Illinois Supreme Court, in Lebron v. Gottlieb
7Memorial Hospital, found that the limitations on noneconomic
8damages in medical malpractice actions that were created in
9Public Act 94-677, contained in Section 2-1706.5 of the Code of
10Civil Procedure, violate the separation of powers clause of the
11Illinois Constitution. Because Public Act 94-677 contained an
12inseverability provision, the Court held the Act to be void in
13its entirety. The Court emphasized, however, that "because the
14other provisions contained in Public Act 94-677 are deemed
15invalid solely on inseverability grounds, the legislature
16remains free to reenact any provisions it deems appropriate".
17    (b) Public Act 94-677 amended Sections 7, 22, 23, 24, 24.1
18and 36 of the Medical Practice Act of 1987; those provisions
19did not involve limitations on noneconomic damages in medical
20malpractice actions. It is one of the purposes of this Act to
21reenact those provisions, and to validate certain actions taken
22in reliance on those provisions.
23    (c) In this Act, the reenacted provisions of P.A. 94-677
24are included in the base text of the affected Sections without

 

 

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1the use of striking and underscoring.
2    Sections 22, 23, and 36 of the Medical Practice Act of 1987
3have been amended since P.A. 94-677. The base text of those
4Sections includes both the reenacted changes made by P.A.
594-677 and the changes made by subsequent amendments. Sections
622 and 23 of the Medical Practice Act of 1987 also contain new
7changes, unrelated to the reenactment; the new changes are
8shown with striking and underscoring.
9    (d) All otherwise lawful actions taken in reasonable
10reliance on or pursuant to the provisions reenacted by this
11Act, as set forth in Public Act 94-677 or subsequently amended,
12by any officer, employee, agency, or unit of State or local
13government or by any other person or entity, are hereby
14validated.
15    With respect to actions taken in relation to matters
16arising under the provisions reenacted by this Act, a person is
17rebuttably presumed to have acted in reasonable reliance on and
18pursuant to the provisions of Public Act 94-677, as those
19provisions had been amended at the time the action was taken.
20    With respect to their administration of matters arising
21under the provisions reenacted by this Act, officers,
22employees, agencies, and units of State and local government
23shall continue to apply the provisions of Public Act 94-677, as
24those provisions had been amended at the relevant time.
 
25    Section 5. The Regulatory Sunset Act is amended by changing

 

 

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1Sections 4.21 and 4.31 as follows:
 
2    (5 ILCS 80/4.21)
3    Sec. 4.21. Act Acts repealed on January 1, 2011 and
4November 30, 2011. (a) The following Act is Acts are repealed
5on January 1, 2011:
6    The Fire Equipment Distributor and Employee Regulation Act
7of 2000.
8    (b) The following Act is repealed on November 30, 2011:
9    The Medical Practice Act of 1987.
10(Source: P.A. 96-1041, eff. 7-14-10; 96-1492, eff. 12-30-10.)
 
11    (5 ILCS 80/4.31)
12    Sec. 4.31. Acts Act repealed on January 1, 2021. The
13following Acts are Act is repealed on January 1, 2021:
14    The Crematory Regulation Act.
15    The Cemetery Oversight Act.
16    The Illinois Health Information Exchange and Technology
17Act.
18    The Medical Practice Act of 1987.
19    The Radiation Protection Act of 1990.
20(Source: P.A. 96-1041, eff. 7-14-10; 96-1331, eff. 7-27-10;
21incorporates P.A. 96-863, eff. 3-1-10; revised 9-9-10.)
 
22    Section 10. The Medical Practice Act of 1987 is amended by
23changing Sections 7.5, 9, 18, 19, and 26, by reenacting

 

 

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1Sections 7, 24, 24.1, and 36, and by changing and reenacting
2Sections 22 and 23 as follows:
 
3    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)
4    (Section scheduled to be repealed on November 30, 2011)
5    (Text of Section WITH the changes made by P.A. 94-677,
6which has been held unconstitutional)
7    Sec. 7. Medical Disciplinary Board.
8    (A) There is hereby created the Illinois State Medical
9Disciplinary Board (hereinafter referred to as the
10"Disciplinary Board"). The Disciplinary Board shall consist of
1111 members, to be appointed by the Governor by and with the
12advice and consent of the Senate. All members shall be
13residents of the State, not more than 6 of whom shall be
14members of the same political party. All members shall be
15voting members. Five members shall be physicians licensed to
16practice medicine in all of its branches in Illinois possessing
17the degree of doctor of medicine, and it shall be the goal that
18at least one of the members practice in the field of
19neurosurgery, one of the members practice in the field of
20obstetrics and gynecology, and one of the members practice in
21the field of cardiology. One member shall be a physician
22licensed to practice in Illinois possessing the degree of
23doctor of osteopathy or osteopathic medicine. One member shall
24be a physician licensed to practice in Illinois and possessing
25the degree of doctor of chiropractic. Four members shall be

 

 

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1members of the public, who shall not be engaged in any way,
2directly or indirectly, as providers of health care.
3    (B) Members of the Disciplinary Board shall be appointed
4for terms of 4 years. Upon the expiration of the term of any
5member, their successor shall be appointed for a term of 4
6years by the Governor by and with the advice and consent of the
7Senate. The Governor shall fill any vacancy for the remainder
8of the unexpired term by and with the advice and consent of the
9Senate. Upon recommendation of the Board, any member of the
10Disciplinary Board may be removed by the Governor for
11misfeasance, malfeasance, or wilful neglect of duty, after
12notice, and a public hearing, unless such notice and hearing
13shall be expressly waived in writing. Each member shall serve
14on the Disciplinary Board until their successor is appointed
15and qualified. No member of the Disciplinary Board shall serve
16more than 2 consecutive 4 year terms.
17    In making appointments the Governor shall attempt to insure
18that the various social and geographic regions of the State of
19Illinois are properly represented.
20    In making the designation of persons to act for the several
21professions represented on the Disciplinary Board, the
22Governor shall give due consideration to recommendations by
23members of the respective professions and by organizations
24therein.
25    (C) The Disciplinary Board shall annually elect one of its
26voting members as chairperson and one as vice chairperson. No

 

 

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1officer shall be elected more than twice in succession to the
2same office. Each officer shall serve until their successor has
3been elected and qualified.
4    (D) (Blank).
5    (E) Six voting members of the Disciplinary Board, at least
64 of whom are physicians, shall constitute a quorum. A vacancy
7in the membership of the Disciplinary Board shall not impair
8the right of a quorum to exercise all the rights and perform
9all the duties of the Disciplinary Board. Any action taken by
10the Disciplinary Board under this Act may be authorized by
11resolution at any regular or special meeting and each such
12resolution shall take effect immediately. The Disciplinary
13Board shall meet at least quarterly. The Disciplinary Board is
14empowered to adopt all rules and regulations necessary and
15incident to the powers granted to it under this Act.
16    (F) Each member, and member-officer, of the Disciplinary
17Board shall receive a per diem stipend as the Secretary of the
18Department, hereinafter referred to as the Secretary, shall
19determine. The Secretary shall also determine the per diem
20stipend that each ex-officio member shall receive. Each member
21shall be paid their necessary expenses while engaged in the
22performance of their duties.
23    (G) The Secretary shall select a Chief Medical Coordinator
24and not less than 2 Deputy Medical Coordinators who shall not
25be members of the Disciplinary Board. Each medical coordinator
26shall be a physician licensed to practice medicine in all of

 

 

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1its branches, and the Secretary shall set their rates of
2compensation. The Secretary shall assign at least one medical
3coordinator to a region composed of Cook County and such other
4counties as the Secretary may deem appropriate, and such
5medical coordinator or coordinators shall locate their office
6in Chicago. The Secretary shall assign at least one medical
7coordinator to a region composed of the balance of counties in
8the State, and such medical coordinator or coordinators shall
9locate their office in Springfield. Each medical coordinator
10shall be the chief enforcement officer of this Act in his or
11her assigned region and shall serve at the will of the
12Disciplinary Board.
13    The Secretary shall employ, in conformity with the
14Personnel Code, not less than one full time investigator for
15every 2,500 physicians licensed in the State. Each investigator
16shall be a college graduate with at least 2 years'
17investigative experience or one year advanced medical
18education. Upon the written request of the Disciplinary Board,
19the Secretary shall employ, in conformity with the Personnel
20Code, such other professional, technical, investigative, and
21clerical help, either on a full or part-time basis as the
22Disciplinary Board deems necessary for the proper performance
23of its duties.
24    (H) Upon the specific request of the Disciplinary Board,
25signed by either the chairman, vice chairman, or a medical
26coordinator of the Disciplinary Board, the Department of Human

 

 

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1Services or the Department of State Police shall make available
2any and all information that they have in their possession
3regarding a particular case then under investigation by the
4Disciplinary Board.
5    (I) Members of the Disciplinary Board shall be immune from
6suit in any action based upon any disciplinary proceedings or
7other acts performed in good faith as members of the
8Disciplinary Board.
9    (J) The Disciplinary Board may compile and establish a
10statewide roster of physicians and other medical
11professionals, including the several medical specialties, of
12such physicians and medical professionals, who have agreed to
13serve from time to time as advisors to the medical
14coordinators. Such advisors shall assist the medical
15coordinators or the Disciplinary Board in their investigations
16and participation in complaints against physicians. Such
17advisors shall serve under contract and shall be reimbursed at
18a reasonable rate for the services provided, plus reasonable
19expenses incurred. While serving in this capacity, the advisor,
20for any act undertaken in good faith and in the conduct of
21their duties under this Section, shall be immune from civil
22suit.
23(Source: P.A. 93-138, eff. 7-10-03; 94-677, eff. 8-25-05.)
 
24    (225 ILCS 60/7.5)
25    (Section scheduled to be repealed on November 30, 2011)

 

 

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1    Sec. 7.5. Complaint Committee.
2    (a) There shall be a Complaint Committee of the
3Disciplinary Board composed of at least one of the medical
4coordinators established by subsection (g) of Section 7 of this
5Act, the Chief of Medical Investigations (person employed by
6the Department who is in charge of investigating complaints
7against physicians and physician assistants), and at least 3
8voting members of the Disciplinary Board (at least 2 of whom
9shall be physicians) designated by the Chairman of the Medical
10Disciplinary Board with the approval of the Disciplinary Board.
11The Disciplinary Board members so appointed shall serve
12one-year terms and may be eligible for reappointment for
13subsequent terms.
14    (b) The Complaint Committee shall meet at least twice a
15month to exercise its functions and duties set forth in
16subsection (c) below. At least 2 members of the Disciplinary
17Board shall be in attendance in order for any business to be
18transacted by the Complaint Committee. The Complaint Committee
19shall make every effort to consider expeditiously and take
20prompt action on each item on its agenda.
21    (c) The Complaint Committee shall have the following duties
22and functions:
23        (1) To recommend to the Disciplinary Board that a
24    complaint file be closed.
25        (2) To refer a complaint file to the office of the
26    Chief of Medical Prosecutions (person employed by the

 

 

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1    Department who is in charge of prosecuting formal
2    complaints against licensees) for review.
3        (3) To make a decision in conjunction with the Chief of
4    Medical Prosecutions regarding action to be taken on a
5    complaint file.
6    (d) In determining what action to take or whether to
7proceed with prosecution of a complaint, the Complaint
8Committee shall consider, but not be limited to, the following
9factors: sufficiency of the evidence presented, prosecutorial
10merit under Section 22 of this Act, any recommendation made by
11the Department, and insufficient cooperation from complaining
12parties.
13(Source: P.A. 93-214, eff. 1-1-04.)
 
14    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
15    (Section scheduled to be repealed on November 30, 2011)
16    Sec. 9. Application for license. Each applicant for a
17license shall:
18        (A) Make application on blank forms prepared and
19    furnished by the Department of Professional Regulation
20    hereinafter referred to as the Department.
21        (B) Submit evidence satisfactory to the Department
22    that the applicant:
23            (1) is of good moral character. In determining
24        moral character under this Section, the Department may
25        take into consideration whether the applicant has

 

 

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1        engaged in conduct or activities which would
2        constitute grounds for discipline under this Act. The
3        Department may also request the applicant to submit,
4        and may consider as evidence of moral character,
5        endorsements from 2 or 3 individuals licensed under
6        this Act;
7            (2) has the preliminary and professional education
8        required by this Act;
9            (3) (blank); and
10            (4) is physically, mentally, and professionally
11        capable of practicing medicine with reasonable
12        judgment, skill, and safety. In determining physical,
13        mental and professional capacity under this Section,
14        the Medical Licensing Board may, upon a showing of a
15        possible incapacity or conduct or activities which
16        would constitute grounds for discipline under this
17        Act, compel any applicant to submit to a mental or
18        physical examination, or both as provided for in
19        Section 22 of this Act. The Licensing Board may
20        condition or restrict any license, subject to the same
21        terms and conditions as are provided for the Medical
22        Disciplinary Board under Section 22 of this Act. Any
23        such condition of a restricted license shall provide
24        that the Chief Medical Coordinator or Deputy Medical
25        Coordinator shall have the authority to review the
26        subject physician's compliance with such conditions or

 

 

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1        restrictions, including, where appropriate, the
2        physician's record of treatment and counseling
3        regarding the impairment, to the extent permitted by
4        applicable federal statutes and regulations
5        safeguarding the confidentiality of medical records of
6        patients.
7        In determining professional capacity under this
8    Section, an any individual who has not been actively
9    engaged in the practice of medicine or as a medical,
10    osteopathic, or chiropractic student or who has not been
11    engaged in a formal program of medical education during the
12    2 years immediately preceding their application may be
13    required to complete such additional testing, training, or
14    remedial education as the Licensing Board may deem
15    necessary in order to establish the applicant's present
16    capacity to practice medicine with reasonable judgment,
17    skill, and safety. The Medical Licensing Board may consider
18    all of the following criteria as they relate to an
19    applicant, as part of its determination of professional
20    capacity:
21            (1) Medical research in an established research
22        facility, hospital, college or university, or private
23        corporation.
24            (2) Specialized training or education.
25            (3) Publication of original work in learned,
26        medical or scientific journals.

 

 

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1            (4) Participation in federal, State, local, or
2        international public health programs or organizations.
3            (5) Professional service in a federal veterans or
4        military institution.
5            (6) Any other professional activities deemed to
6        maintain and enhance the clinical capabilities of the
7        applicant.
8        Any applicant applying for a license to practice
9    medicine in all of its branches or for a license as a
10    chiropractic physician who has not been engaged in the
11    active practice of medicine or has not been enrolled in a
12    medical program for 2 years prior to application must
13    submit proof of professional capacity to the Medical
14    Licensing Board.
15        Any applicant applying for a temporary license that has
16    not been engaged in the active practice of medicine or has
17    not been enrolled in a medical program for longer than 5
18    years prior to application must submit proof of
19    professional capacity to the Medical Licensing Board.
20        (C) Designate specifically the name, location, and
21    kind of professional school, college, or institution of
22    which the applicant is a graduate and the category under
23    which the applicant seeks, and will undertake, to practice.
24        (D) Pay to the Department at the time of application
25    the required fees.
26        (E) Pursuant to Department rules, as required, pass an

 

 

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1    examination authorized by the Department to determine the
2    applicant's fitness to receive a license.
3        (F) Complete the application process within 3 years
4    from the date of application. If the process has not been
5    completed within 3 years, the application shall be denied,
6    application fees shall be forfeited, and the applicant must
7    reapply and meet the requirements in effect at the time of
8    reapplication.
9(Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97.)
 
10    (225 ILCS 60/18)  (from Ch. 111, par. 4400-18)
11    (Section scheduled to be repealed on November 30, 2011)
12    Sec. 18. Visiting professor, physician, or resident
13permits.
14    (A) Visiting professor permit.
15        (1) A visiting professor permit shall entitle a person
16    to practice medicine in all of its branches or to practice
17    the treatment of human ailments without the use of drugs
18    and without operative surgery provided:
19            (a) the person maintains an equivalent
20        authorization to practice medicine in all of its
21        branches or to practice the treatment of human ailments
22        without the use of drugs and without operative surgery
23        in good standing in their native licensing
24        jurisdiction during the period of the visiting
25        professor permit;

 

 

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1            (b) the person has received a faculty appointment
2        to teach in a medical, osteopathic or chiropractic
3        school in Illinois; and
4            (c) the Department may prescribe the information
5        necessary to establish an applicant's eligibility for
6        a permit. This information shall include without
7        limitation (i) a statement from the dean of the medical
8        school at which the applicant will be employed
9        describing the applicant's qualifications and (ii) a
10        statement from the dean of the medical school listing
11        every affiliated institution in which the applicant
12        will be providing instruction as part of the medical
13        school's education program and justifying any clinical
14        activities at each of the institutions listed by the
15        dean.
16        (2) Application for visiting professor permits shall
17    be made to the Department, in writing, on forms prescribed
18    by the Department and shall be accompanied by the required
19    fee established by rule, which shall not be refundable. Any
20    application shall require the information as, in the
21    judgment of the Department, will enable the Department to
22    pass on the qualifications of the applicant.
23        (3) A visiting professor permit shall be valid for no
24    longer than 2 years from the date of issuance or until the
25    time the faculty appointment is terminated, whichever
26    occurs first, and may be renewed only in accordance with

 

 

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1    subdivision (A)(6) of this Section.
2        (4) The applicant may be required to appear before the
3    Medical Licensing Board for an interview prior to, and as a
4    requirement for, the issuance of the original permit and
5    the renewal.
6        (5) Persons holding a permit under this Section shall
7    only practice medicine in all of its branches or practice
8    the treatment of human ailments without the use of drugs
9    and without operative surgery in the State of Illinois in
10    their official capacity under their contract within the
11    medical school itself and any affiliated institution in
12    which the permit holder is providing instruction as part of
13    the medical school's educational program and for which the
14    medical school has assumed direct responsibility.
15        (6) After the initial renewal of a visiting professor
16    permit, a A visiting professor permit shall be valid until
17    the last day of the next physician license renewal period,
18    as set by rule, and may only be renewed for applicants who
19    meet the following requirements:
20            (i) have obtained the required continuing
21        education hours as set by rule; and
22            (ii) have paid the fee prescribed for a license
23        under Section 21 of this Act.
24    For initial renewal, the visiting professor must
25successfully pass a general competency examination authorized
26by the Department by rule, unless he or she was issued an

 

 

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1initial visiting professor permit on or after January 1, 2007,
2but prior to July 1, 2007.
 
3    (B) Visiting physician permit.
4        (1) The Department may, in its discretion, issue a
5    temporary visiting physician permit, without examination,
6    provided:
7            (a) (blank);
8            (b) that the person maintains an equivalent
9        authorization to practice medicine in all of its
10        branches or to practice the treatment of human ailments
11        without the use of drugs and without operative surgery
12        in good standing in his or her native licensing
13        jurisdiction during the period of the temporary
14        visiting physician permit;
15            (c) that the person has received an invitation or
16        appointment to study, demonstrate, or perform a
17        specific medical, osteopathic, chiropractic or
18        clinical subject or technique in a medical,
19        osteopathic, or chiropractic school, a state or
20        national medical, osteopathic, or chiropractic
21        professional association or society conference or
22        meeting, a hospital licensed under the Hospital
23        Licensing Act, a hospital organized under the
24        University of Illinois Hospital Act, or a facility
25        operated pursuant to the Ambulatory Surgical Treatment

 

 

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1        Center Act; and
2            (d) that the temporary visiting physician permit
3        shall only permit the holder to practice medicine in
4        all of its branches or practice the treatment of human
5        ailments without the use of drugs and without operative
6        surgery within the scope of the medical, osteopathic,
7        chiropractic, or clinical studies, or in conjunction
8        with the state or national medical, osteopathic, or
9        chiropractic professional association or society
10        conference or meeting, for which the holder was invited
11        or appointed.
12        (2) The application for the temporary visiting
13    physician permit shall be made to the Department, in
14    writing, on forms prescribed by the Department, and shall
15    be accompanied by the required fee established by rule,
16    which shall not be refundable. The application shall
17    require information that, in the judgment of the
18    Department, will enable the Department to pass on the
19    qualification of the applicant, and the necessity for the
20    granting of a temporary visiting physician permit.
21        (3) A temporary visiting physician permit shall be
22    valid for no longer than (i) 180 days from the date of
23    issuance or (ii) until the time the medical, osteopathic,
24    chiropractic, or clinical studies are completed, or the
25    state or national medical, osteopathic, or chiropractic
26    professional association or society conference or meeting

 

 

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1    has concluded, whichever occurs first.
2        (4) The applicant for a temporary visiting physician
3    permit may be required to appear before the Medical
4    Licensing Board for an interview prior to, and as a
5    requirement for, the issuance of a temporary visiting
6    physician permit.
7        (5) A limited temporary visiting physician permit
8    shall be issued to a physician licensed in another state
9    who has been requested to perform emergency procedures in
10    Illinois if he or she meets the requirements as established
11    by rule.
 
12    (C) Visiting resident permit.
13        (1) The Department may, in its discretion, issue a
14    temporary visiting resident permit, without examination,
15    provided:
16            (a) (blank);
17            (b) that the person maintains an equivalent
18        authorization to practice medicine in all of its
19        branches or to practice the treatment of human ailments
20        without the use of drugs and without operative surgery
21        in good standing in his or her native licensing
22        jurisdiction during the period of the temporary
23        visiting resident permit;
24            (c) that the applicant is enrolled in a
25        postgraduate clinical training program outside the

 

 

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1        State of Illinois that is approved by the Department;
2            (d) that the individual has been invited or
3        appointed for a specific period of time to perform a
4        portion of that post graduate clinical training
5        program under the supervision of an Illinois licensed
6        physician in an Illinois patient care clinic or
7        facility that is affiliated with the out-of-State post
8        graduate training program; and
9            (e) that the temporary visiting resident permit
10        shall only permit the holder to practice medicine in
11        all of its branches or practice the treatment of human
12        ailments without the use of drugs and without operative
13        surgery within the scope of the medical, osteopathic,
14        chiropractic or clinical studies for which the holder
15        was invited or appointed.
16        (2) The application for the temporary visiting
17    resident permit shall be made to the Department, in
18    writing, on forms prescribed by the Department, and shall
19    be accompanied by the required fee established by rule. The
20    application shall require information that, in the
21    judgment of the Department, will enable the Department to
22    pass on the qualifications of the applicant.
23        (3) A temporary visiting resident permit shall be valid
24    for 180 days from the date of issuance or until the time
25    the medical, osteopathic, chiropractic, or clinical
26    studies are completed, whichever occurs first.

 

 

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1        (4) The applicant for a temporary visiting resident
2    permit may be required to appear before the Medical
3    Licensing Board for an interview prior to, and as a
4    requirement for, the issuance of a temporary visiting
5    resident permit.
6(Source: P.A. 95-915, eff. 8-26-08; 96-398, eff. 8-13-09.)
 
7    (225 ILCS 60/19)  (from Ch. 111, par. 4400-19)
8    (Section scheduled to be repealed on November 30, 2011)
9    Sec. 19. Licensure by endorsement without examination. The
10Department may, in its discretion, issue a license by
11endorsement without examination to any person who is currently
12licensed to practice medicine in all of its branches, or to
13practice the treatment of human ailments without the use of
14drugs or operative surgery, in any other state, territory,
15country or province, upon the following conditions:
16        (A) (Blank);
17        (B) That the applicant is of good moral character. In
18    determining moral character under this Section, the
19    Department may take into consideration whether the
20    applicant has engaged in conduct or activities which would
21    constitute grounds for discipline under this Act. The
22    Department may also request the applicant to submit, and
23    may consider as evidence of moral character, endorsements
24    from 2 or 3 individuals licensed under this Act;
25        (C) That the applicant is physically, mentally and

 

 

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1    professionally capable of practicing medicine with
2    reasonable judgment, skill and safety. In determining
3    physical, mental and professional capacity under this
4    Section the Medical Licensing Board may, upon a showing of
5    a possible incapacity, compel an applicant to submit to a
6    mental or physical examination, or both, and may condition
7    or restrict any license, subject to the same terms and
8    conditions as are provided for the Medical Disciplinary
9    Board under Section 22 of this Act. The Medical Licensing
10    Board or the Department may order the examining physician
11    to present testimony concerning this mental or physical
12    examination of the applicant. No information shall be
13    excluded by reason of any common law or statutory privilege
14    relating to communications between the applicant and the
15    examining physician. Any condition of restricted license
16    shall provide that the Chief Medical Coordinator or Deputy
17    Medical Coordinator shall have the authority to review the
18    subject physician's compliance with such conditions or
19    restrictions, including, where appropriate, the
20    physician's record of treatment and counseling regarding
21    the impairment, to the extent permitted by applicable
22    federal statutes and regulations safeguarding the
23    confidentiality of medical records of patients.
24        (D) That if the applicant seeks to practice medicine in
25    all of its branches:
26            (1) if the applicant was licensed in another

 

 

HB0214- 23 -LRB097 05718 EFG 45782 b

1        jurisdiction prior to January 1, 1988, that the
2        applicant has satisfied the educational requirements
3        of paragraph (1) of subsection (A) or paragraph (2) of
4        subsection (A) of Section 11 of this Act; or
5            (2) if the applicant was licensed in another
6        jurisdiction after December 31, 1987, that the
7        applicant has satisfied the educational requirements
8        of paragraph (A)(2) of Section 11 of this Act; and
9            (3) the requirements for a license to practice
10        medicine in all of its branches in the particular
11        state, territory, country or province in which the
12        applicant is licensed are deemed by the Department to
13        have been substantially equivalent to the requirements
14        for a license to practice medicine in all of its
15        branches in force in this State at the date of the
16        applicant's license;
17        (E) That if the applicant seeks to treat human ailments
18    without the use of drugs and without operative surgery:
19            (1) the applicant is a graduate of a chiropractic
20        school or college approved by the Department at the
21        time of their graduation;
22            (2) the requirements for the applicant's license
23        to practice the treatment of human ailments without the
24        use of drugs are deemed by the Department to have been
25        substantially equivalent to the requirements for a
26        license to practice in this State at the date of the

 

 

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1        applicant's license;
2        (F) That the Department may, in its discretion, issue a
3    license by endorsement , without examination, to any
4    graduate of a medical or osteopathic college, reputable and
5    in good standing in the judgment of the Department, who has
6    passed an examination for admission to the United States
7    Public Health Service, or who has passed any other
8    examination deemed by the Department to have been at least
9    equal in all substantial respects to the examination
10    required for admission to any such medical corps;
11        (G) That applications for licenses by endorsement
12    without examination shall be filed with the Department,
13    under oath, on forms prepared and furnished by the
14    Department, and shall set forth, and applicants therefor
15    shall supply such information respecting the life,
16    education, professional practice, and moral character of
17    applicants as the Department may require to be filed for
18    its use;
19        (H) That the applicant undergo the criminal background
20    check established under Section 9.7 of this Act.
21    In the exercise of its discretion under this Section, the
22Department is empowered to consider and evaluate each applicant
23on an individual basis. It may take into account, among other
24things, the extent to which there is or is not available to the
25Department, authentic and definitive information concerning
26the quality of medical education and clinical training which

 

 

HB0214- 25 -LRB097 05718 EFG 45782 b

1the applicant has had. Under no circumstances shall a license
2be issued under the provisions of this Section to any person
3who has previously taken and failed the written examination
4conducted by the Department for such license. In the exercise
5of its discretion under this Section, the Department may, upon
6the recommendation of the Medical Licensing Board, require an
7applicant to successfully complete an examination as
8recommended by the Medical Licensing Board. In determining
9moral character, the Department may take into consideration
10whether the applicant has engaged in conduct or activities
11which would constitute grounds for discipline under this Act.
12The Department may also request the applicant to submit, and
13may consider as evidence of moral character, evidence from 2 or
143 individuals licensed under this Act. Applicants have 3 years
15from the date of application to complete the application
16process. If the process has not been completed within 3 years,
17the application shall be denied, the fees shall be forfeited,
18and the applicant must reapply and meet the requirements in
19effect at the time of reapplication.
20(Source: P.A. 89-702, eff. 7-1-97; 90-722, eff. 1-1-99.)
 
21    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
22    (Section scheduled to be repealed on November 30, 2011)
23    (Text of Section WITH the changes made by P.A. 94-677,
24which has been held unconstitutional)
25    Sec. 22. Disciplinary action.

 

 

HB0214- 26 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 27 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 28 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 29 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 30 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 31 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 32 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 33 -LRB097 05718 EFG 45782 b

1        (40) Willful failure to provide notice when notice is
2    required under the Parental Notice of Abortion Act of 1995.
3        (41) Failure to establish and maintain records of
4    patient care and treatment as required by this law.
5        (42) Entering into an excessive number of written
6    collaborative agreements with licensed advanced practice
7    nurses resulting in an inability to adequately
8    collaborate.
9        (43) Repeated failure to adequately collaborate with a
10    licensed advanced practice nurse.
11    Except for actions involving the ground numbered (26), all
12proceedings to suspend, revoke, place on probationary status,
13or take any other disciplinary action as the Department may
14deem proper, with regard to a license on any of the foregoing
15grounds, must be commenced within 5 years next after receipt by
16the Department of a complaint alleging the commission of or
17notice of the conviction order for any of the acts described
18herein. Except for the grounds numbered (8), (9), (26), and
19(29), no action shall be commenced more than 10 years after the
20date of the incident or act alleged to have violated this
21Section. For actions involving the ground numbered (26), a
22pattern of practice or other behavior includes all incidents
23alleged to be part of the pattern of practice or other behavior
24that occurred or a report pursuant to Section 23 of this Act
25received within the 10-year period preceding the filing of the
26complaint. In the event of the settlement of any claim or cause

 

 

HB0214- 34 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 35 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 36 -LRB097 05718 EFG 45782 b

1of the Licensing Board, any individual who has applied for
2licensure or a permit pursuant to this Act, to submit to a
3mental examination and evaluation or physical examination, or
4both, which may include a substance abuse or sexual offender
5evaluation, as required by the Licensing Board or Disciplinary
6Board and at the expense of the Department.
7    The Disciplinary Board or Licensing Board shall
8specifically designate the examining physician licensed to
9practice medicine in all of its branches or, if applicable, the
10members of a multidisciplinary team involved in providing the
11physical examination or mental examination and evaluation. The
12multidisciplinary team shall be led by a physician licensed to
13practice medicine in all of its branches and may consist of one
14or a combination of physicians licensed to practice medicine in
15all of its branches, licensed clinical psychologists, licensed
16clinical social workers, licensed clinical professional
17counselors, and other professional and administrative staff.
18Any examining physician or member of the multidisciplinary team
19may require any person ordered to submit to an examination or
20evaluation pursuant to this Section to submit to any additional
21supplemental testing deemed necessary to complete any
22examination or evaluation process including, but not limited
23to, blood testing, urinalysis, psychological testing, or
24neuropsychological testing. The examining physician or
25physicians shall be those specifically designated by the
26Disciplinary Board.

 

 

HB0214- 37 -LRB097 05718 EFG 45782 b

1    The Medical Disciplinary Board, the Licensing Board, or the
2Department may order the examining physician or any member of
3the multidisciplinary team to provide to the Department any and
4all records, including business records, that relate to the
5examination or evaluation, including any supplemental testing
6performed. The Disciplinary Board, Licensing Board, or
7Department may order the examining physician or any member of
8the multidisciplinary team to present testimony concerning
9this mental or physical examination or evaluation of the
10licensee, permit holder, or applicant, including testimony
11concerning any supplemental testing or documents relating to
12the examination or evaluation. No information, report, record,
13or other documents in any way related to the examination or
14supplemental testing shall be excluded by reason of any common
15law or statutory privilege relating to communication between
16the licensee or applicant and the examining physician or any
17member of the multidisciplinary team. The individual to be
18examined may have, at his or her own expense, another physician
19of his or her choice present during all aspects of the
20examination.
21    Failure of any individual to submit to mental or physical
22examination, when directed, shall be grounds for suspension of
23his or her license until such time as the individual submits to
24the examination if the Disciplinary Board finds, after notice
25and hearing, that the refusal to submit to the examination was
26without reasonable cause. If the Disciplinary Board finds a

 

 

HB0214- 38 -LRB097 05718 EFG 45782 b

1physician unable to practice because of the reasons set forth
2in this Section, the Disciplinary Board shall require such
3physician to submit to care, counseling, or treatment by
4physicians approved or designated by the Disciplinary Board, as
5a condition for continued, reinstated, or renewed licensure to
6practice. Any physician, whose license was granted pursuant to
7Sections 9, 17, or 19 of this Act, or, continued, reinstated,
8renewed, disciplined or supervised, subject to such terms,
9conditions or restrictions who shall fail to comply with such
10terms, conditions or restrictions, or to complete a required
11program of care, counseling, or treatment, as determined by the
12Chief Medical Coordinator or Deputy Medical Coordinators,
13shall be referred to the Secretary for a determination as to
14whether the licensee shall have their license suspended
15immediately, pending a hearing by the Disciplinary Board. In
16instances in which the Secretary immediately suspends a license
17under this Section, a hearing upon such person's license must
18be convened by the Disciplinary Board within 15 days after such
19suspension and completed without appreciable delay. The
20Disciplinary Board shall have the authority to review the
21subject physician's record of treatment and counseling
22regarding the impairment, to the extent permitted by applicable
23federal statutes and regulations safeguarding the
24confidentiality of medical records.
25    An individual licensed under this Act, affected under this
26Section, shall be afforded an opportunity to demonstrate to the

 

 

HB0214- 39 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 40 -LRB097 05718 EFG 45782 b

1discipline in disciplinary cases when the Board finds that a
2physician willfully performed an abortion with actual
3knowledge that the person upon whom the abortion has been
4performed is a minor or an incompetent person without notice as
5required under the Parental Notice of Abortion Act of 1995.
6Upon the Board's recommendation, the Department shall impose,
7for the first violation, a civil penalty of $1,000 and for a
8second or subsequent violation, a civil penalty of $5,000.
9(Source: P.A. 94-566, eff. 9-11-05; 94-677, eff. 8-25-05;
1095-331, eff. 8-21-07; 96-608, eff. 8-24-09; 96-1000, eff.
117-2-10.)
 
12    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
13    (Section scheduled to be repealed on November 30, 2011)
14    (Text of Section WITH the changes made by P.A. 94-677,
15which has been held unconstitutional, and by P.A. 96-1372,
16which amended language added by P.A. 94-677)
17    Sec. 23. Reports relating to professional conduct and
18capacity.
19    (A) Entities required to report.
20        (1) Health care institutions. The chief administrator
21    or executive officer of any health care institution
22    licensed by the Illinois Department of Public Health shall
23    report to the Disciplinary Board when any person's clinical
24    privileges are terminated or are restricted based on a
25    final determination, made in accordance with that

 

 

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1    institution's by-laws or rules and regulations, that a
2    person has either committed an act or acts which may
3    directly threaten patient care, and not of an
4    administrative nature, or that a person may be mentally or
5    physically disabled in such a manner as to endanger
6    patients under that person's care. Such officer also shall
7    report if a person accepts voluntary termination or
8    restriction of clinical privileges in lieu of formal action
9    based upon conduct related directly to patient care and not
10    of an administrative nature, or in lieu of formal action
11    seeking to determine whether a person may be mentally or
12    physically disabled in such a manner as to endanger
13    patients under that person's care. The Medical
14    Disciplinary Board shall, by rule, provide for the
15    reporting to it of all instances in which a person,
16    licensed under this Act, who is impaired by reason of age,
17    drug or alcohol abuse or physical or mental impairment, is
18    under supervision and, where appropriate, is in a program
19    of rehabilitation. Such reports shall be strictly
20    confidential and may be reviewed and considered only by the
21    members of the Disciplinary Board, or by authorized staff
22    as provided by rules of the Disciplinary Board. Provisions
23    shall be made for the periodic report of the status of any
24    such person not less than twice annually in order that the
25    Disciplinary Board shall have current information upon
26    which to determine the status of any such person. Such

 

 

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1    initial and periodic reports of impaired physicians shall
2    not be considered records within the meaning of The State
3    Records Act and shall be disposed of, following a
4    determination by the Disciplinary Board that such reports
5    are no longer required, in a manner and at such time as the
6    Disciplinary Board shall determine by rule. The filing of
7    such reports shall be construed as the filing of a report
8    for purposes of subsection (C) of this Section.
9        (2) Professional associations. The President or chief
10    executive officer of any association or society, of persons
11    licensed under this Act, operating within this State shall
12    report to the Disciplinary Board when the association or
13    society renders a final determination that a person has
14    committed unprofessional conduct related directly to
15    patient care or that a person may be mentally or physically
16    disabled in such a manner as to endanger patients under
17    that person's care.
18        (3) Professional liability insurers. Every insurance
19    company which offers policies of professional liability
20    insurance to persons licensed under this Act, or any other
21    entity which seeks to indemnify the professional liability
22    of a person licensed under this Act, shall report to the
23    Disciplinary Board the settlement of any claim or cause of
24    action, or final judgment rendered in any cause of action,
25    which alleged negligence in the furnishing of medical care
26    by such licensed person when such settlement or final

 

 

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1    judgment is in favor of the plaintiff.
2        (4) State's Attorneys. The State's Attorney of each
3    county shall report to the Disciplinary Board, within 5
4    days, any instance all instances in which a person licensed
5    under this Act is convicted or otherwise found guilty of
6    the commission of any felony or a class A misdemeanor for
7    an act or conduct similar to an act or conduct that would
8    constitute grounds for disciplinary action under Section
9    22 of this Act. The State's Attorney of each county may
10    report to the Disciplinary Board through a verified
11    complaint any instance in which the State's Attorney
12    believes that a physician has willfully violated the notice
13    requirements of the Parental Notice of Abortion Act of
14    1995.
15        (5) State agencies. All agencies, boards, commissions,
16    departments, or other instrumentalities of the government
17    of the State of Illinois shall report to the Disciplinary
18    Board any instance arising in connection with the
19    operations of such agency, including the administration of
20    any law by such agency, in which a person licensed under
21    this Act has either committed an act or acts which may be a
22    violation of this Act or which may constitute
23    unprofessional conduct related directly to patient care or
24    which indicates that a person licensed under this Act may
25    be mentally or physically disabled in such a manner as to
26    endanger patients under that person's care.

 

 

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1    (B) Mandatory reporting. All reports required by items
2(34), (35), and (36) of subsection (A) of Section 22 and by
3Section 23 shall be submitted to the Disciplinary Board in a
4timely fashion. The reports shall be filed in writing within 60
5days after a determination that a report is required under this
6Act. All reports shall contain the following information:
7        (1) The name, address and telephone number of the
8    person making the report.
9        (2) The name, address and telephone number of the
10    person who is the subject of the report.
11        (3) The name and date of birth of any patient or
12    patients whose treatment is a subject of the report, if
13    available, or other means of identification if such
14    information is not available, identification of the
15    hospital or other healthcare facility where the care at
16    issue in the report was rendered, provided, however, no
17    medical records may be revealed.
18        (4) A brief description of the facts which gave rise to
19    the issuance of the report, including the dates of any
20    occurrences deemed to necessitate the filing of the report.
21        (5) If court action is involved, the identity of the
22    court in which the action is filed, along with the docket
23    number and date of filing of the action.
24        (6) Any further pertinent information which the
25    reporting party deems to be an aid in the evaluation of the
26    report.

 

 

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1    The Disciplinary Board or Department may also exercise the
2power under Section 38 of this Act to subpoena copies of
3hospital or medical records in mandatory report cases alleging
4death or permanent bodily injury. Appropriate rules shall be
5adopted by the Department with the approval of the Disciplinary
6Board.
7    When the Department has received written reports
8concerning incidents required to be reported in items (34),
9(35), and (36) of subsection (A) of Section 22, the licensee's
10failure to report the incident to the Department under those
11items shall not be the sole grounds for disciplinary action.
12    Nothing contained in this Section shall act to in any way
13to , waive or modify the confidentiality of medical reports and
14committee reports to the extent provided by law. Any
15information reported or disclosed shall be kept for the
16confidential use of the Disciplinary Board, the Medical
17Coordinators, the Disciplinary Board's attorneys, the medical
18investigative staff, and authorized clerical staff, as
19provided in this Act, and shall be afforded the same status as
20is provided information concerning medical studies in Part 21
21of Article VIII of the Code of Civil Procedure, except that the
22Department may disclose information and documents to a federal,
23State, or local law enforcement agency pursuant to a subpoena
24in an ongoing criminal investigation or to a health care
25licensing body of this State or another state or jurisdiction
26pursuant to an official request made by that licensing body.

 

 

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1Furthermore, information and documents disclosed to a federal,
2State, or local law enforcement agency may be used by that
3agency only for the investigation and prosecution of a criminal
4offense, or, in the case of disclosure to a health care
5licensing body, only for investigations and disciplinary
6action proceedings with regard to a license. Information and
7documents disclosed to the Department of Public Health may be
8used by that Department only for investigation and disciplinary
9action regarding the license of a health care institution
10licensed by the Department of Public Health.
11    (C) Immunity from prosecution. Any individual or
12organization acting in good faith, and not in a wilful and
13wanton manner, in complying with this Act by providing any
14report or other information to the Disciplinary Board or a peer
15review committee, or assisting in the investigation or
16preparation of such information, or by voluntarily reporting to
17the Disciplinary Board or a peer review committee information
18regarding alleged errors or negligence by a person licensed
19under this Act, or by participating in proceedings of the
20Disciplinary Board or a peer review committee, or by serving as
21a member of the Disciplinary Board or a peer review committee,
22shall not, as a result of such actions, be subject to criminal
23prosecution or civil damages.
24    (D) Indemnification. Members of the Disciplinary Board,
25the Medical Coordinators, the Disciplinary Board's attorneys,
26the medical investigative staff, physicians retained under

 

 

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1contract to assist and advise the medical coordinators in the
2investigation, and authorized clerical staff shall be
3indemnified by the State for any actions occurring within the
4scope of services on the Disciplinary Board, done in good faith
5and not wilful and wanton in nature. The Attorney General shall
6defend all such actions unless he or she determines either that
7there would be a conflict of interest in such representation or
8that the actions complained of were not in good faith or were
9wilful and wanton.
10    Should the Attorney General decline representation, the
11member shall have the right to employ counsel of his or her
12choice, whose fees shall be provided by the State, after
13approval by the Attorney General, unless there is a
14determination by a court that the member's actions were not in
15good faith or were wilful and wanton.
16    The member must notify the Attorney General within 7 days
17of receipt of notice of the initiation of any action involving
18services of the Disciplinary Board. Failure to so notify the
19Attorney General shall constitute an absolute waiver of the
20right to a defense and indemnification.
21    The Attorney General shall determine within 7 days after
22receiving such notice, whether he or she will undertake to
23represent the member.
24    (E) Deliberations of Disciplinary Board. Upon the receipt
25of any report called for by this Act, other than those reports
26of impaired persons licensed under this Act required pursuant

 

 

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1to the rules of the Disciplinary Board, the Disciplinary Board
2shall notify in writing, by certified mail, the person who is
3the subject of the report. Such notification shall be made
4within 30 days of receipt by the Disciplinary Board of the
5report.
6    The notification shall include a written notice setting
7forth the person's right to examine the report. Included in
8such notification shall be the address at which the file is
9maintained, the name of the custodian of the reports, and the
10telephone number at which the custodian may be reached. The
11person who is the subject of the report shall submit a written
12statement responding, clarifying, adding to, or proposing the
13amending of the report previously filed. The person who is the
14subject of the report shall also submit with the written
15statement any medical records related to the report. The
16statement and accompanying medical records shall become a
17permanent part of the file and must be received by the
18Disciplinary Board no more than 30 days after the date on which
19the person was notified by the Disciplinary Board of the
20existence of the original report.
21    The Disciplinary Board shall review all reports received by
22it, together with any supporting information and responding
23statements submitted by persons who are the subject of reports.
24The review by the Disciplinary Board shall be in a timely
25manner but in no event, shall the Disciplinary Board's initial
26review of the material contained in each disciplinary file be

 

 

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1less than 61 days nor more than 180 days after the receipt of
2the initial report by the Disciplinary Board.
3    When the Disciplinary Board makes its initial review of the
4materials contained within its disciplinary files, the
5Disciplinary Board shall, in writing, make a determination as
6to whether there are sufficient facts to warrant further
7investigation or action. Failure to make such determination
8within the time provided shall be deemed to be a determination
9that there are not sufficient facts to warrant further
10investigation or action.
11    Should the Disciplinary Board find that there are not
12sufficient facts to warrant further investigation, or action,
13the report shall be accepted for filing and the matter shall be
14deemed closed and so reported to the Secretary. The Secretary
15shall then have 30 days to accept the Medical Disciplinary
16Board's decision or request further investigation. The
17Secretary shall inform the Board in writing of the decision to
18request further investigation, including the specific reasons
19for the decision. The individual or entity filing the original
20report or complaint and the person who is the subject of the
21report or complaint shall be notified in writing by the
22Secretary of any final action on their report or complaint.
23    (F) Summary reports. The Disciplinary Board shall prepare,
24on a timely basis, but in no event less than once every other
25month, a summary report of final actions taken upon
26disciplinary files maintained by the Disciplinary Board. The

 

 

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1summary reports shall be made available to the public upon
2request and payment of the fees set by the Department. This
3publication may be made available to the public on the
4Department's Internet website.
5    (G) Any violation of this Section shall be a Class A
6misdemeanor.
7    (H) If any such person violates the provisions of this
8Section an action may be brought in the name of the People of
9the State of Illinois, through the Attorney General of the
10State of Illinois, for an order enjoining such violation or for
11an order enforcing compliance with this Section. Upon filing of
12a verified petition in such court, the court may issue a
13temporary restraining order without notice or bond and may
14preliminarily or permanently enjoin such violation, and if it
15is established that such person has violated or is violating
16the injunction, the court may punish the offender for contempt
17of court. Proceedings under this paragraph shall be in addition
18to, and not in lieu of, all other remedies and penalties
19provided for by this Section.
20(Source: P.A. 94-677, eff. 8-25-05; 95-639, eff. 10-5-07;
2196-1372, eff. 7-29-10.)
 
22    (225 ILCS 60/24)  (from Ch. 111, par. 4400-24)
23    (Section scheduled to be repealed on November 30, 2011)
24    (Text of Section WITH the changes made by P.A. 94-677,
25which has been held unconstitutional)

 

 

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1    Sec. 24. Report of violations; medical associations. Any
2physician licensed under this Act, the Illinois State Medical
3Society, the Illinois Association of Osteopathic Physicians
4and Surgeons, the Illinois Chiropractic Society, the Illinois
5Prairie State Chiropractic Association, or any component
6societies of any of these 4 groups, and any other person, may
7report to the Disciplinary Board any information the physician,
8association, society, or person may have that appears to show
9that a physician is or may be in violation of any of the
10provisions of Section 22 of this Act.
11    The Department may enter into agreements with the Illinois
12State Medical Society, the Illinois Association of Osteopathic
13Physicians and Surgeons, the Illinois Prairie State
14Chiropractic Association, or the Illinois Chiropractic Society
15to allow these organizations to assist the Disciplinary Board
16in the review of alleged violations of this Act. Subject to the
17approval of the Department, any organization party to such an
18agreement may subcontract with other individuals or
19organizations to assist in review.
20    Any physician, association, society, or person
21participating in good faith in the making of a report under
22this Act or participating in or assisting with an investigation
23or review under this Act shall have immunity from any civil,
24criminal, or other liability that might result by reason of
25those actions.
26    The medical information in the custody of an entity under

 

 

HB0214- 52 -LRB097 05718 EFG 45782 b

1contract with the Department participating in an investigation
2or review shall be privileged and confidential to the same
3extent as are information and reports under the provisions of
4Part 21 of Article VIII of the Code of Civil Procedure.
5    Upon request by the Department after a mandatory report has
6been filed with the Department, an attorney for any party
7seeking to recover damages for injuries or death by reason of
8medical, hospital, or other healing art malpractice shall
9provide patient records related to the physician involved in
10the disciplinary proceeding to the Department within 30 days of
11the Department's request for use by the Department in any
12disciplinary matter under this Act. An attorney who provides
13patient records to the Department in accordance with this
14requirement shall not be deemed to have violated any
15attorney-client privilege. Notwithstanding any other provision
16of law, consent by a patient shall not be required for the
17provision of patient records in accordance with this
18requirement.
19    For the purpose of any civil or criminal proceedings, the
20good faith of any physician, association, society or person
21shall be presumed. The Disciplinary Board may request the
22Illinois State Medical Society, the Illinois Association of
23Osteopathic Physicians and Surgeons, the Illinois Prairie
24State Chiropractic Association, or the Illinois Chiropractic
25Society to assist the Disciplinary Board in preparing for or
26conducting any medical competency examination as the Board may

 

 

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1deem appropriate.
2(Source: P.A. 94-677, eff. 8-25-05.)
 
3    (225 ILCS 60/24.1)
4    (Section scheduled to be repealed on November 30, 2011)
5    (This Section was added by P.A. 94-677, which has been held
6unconstitutional)
7    Sec. 24.1. Physician profile.
8    (a) This Section may be cited as the Patients' Right to
9Know Law.
10    (b) The Department shall make available to the public a
11profile of each physician. The Department shall make this
12information available through an Internet web site and, if
13requested, in writing. The physician profile shall contain the
14following information:
15        (1) the full name of the physician;
16        (2) a description of any criminal convictions for
17    felonies and Class A misdemeanors, as determined by the
18    Department, within the most recent 5 years. For the
19    purposes of this Section, a person shall be deemed to be
20    convicted of a crime if he or she pleaded guilty or if he
21    was found or adjudged guilty by a court of competent
22    jurisdiction;
23        (3) a description of any final Department disciplinary
24    actions within the most recent 5 years;
25        (4) a description of any final disciplinary actions by

 

 

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1    licensing boards in other states within the most recent 5
2    years;
3        (5) a description of revocation or involuntary
4    restriction of hospital privileges for reasons related to
5    competence or character that have been taken by the
6    hospital's governing body or any other official of the
7    hospital after procedural due process has been afforded, or
8    the resignation from or nonrenewal of medical staff
9    membership or the restriction of privileges at a hospital
10    taken in lieu of or in settlement of a pending disciplinary
11    case related to competence or character in that hospital.
12    Only cases which have occurred within the most recent 5
13    years shall be disclosed by the Department to the public;
14        (6) all medical malpractice court judgments and all
15    medical malpractice arbitration awards in which a payment
16    was awarded to a complaining party during the most recent 5
17    years and all settlements of medical malpractice claims in
18    which a payment was made to a complaining party within the
19    most recent 5 years. A medical malpractice judgment or
20    award that has been appealed shall be identified
21    prominently as "Under Appeal" on the profile within 20 days
22    of formal written notice to the Department. Information
23    concerning all settlements shall be accompanied by the
24    following statement: "Settlement of a claim may occur for a
25    variety of reasons which do not necessarily reflect
26    negatively on the professional competence or conduct of the

 

 

HB0214- 55 -LRB097 05718 EFG 45782 b

1    physician. A payment in settlement of a medical malpractice
2    action or claim should not be construed as creating a
3    presumption that medical malpractice has occurred."
4    Nothing in this subdivision (6) shall be construed to limit
5    or prevent the Disciplinary Board from providing further
6    explanatory information regarding the significance of
7    categories in which settlements are reported. Pending
8    malpractice claims shall not be disclosed by the Department
9    to the public. Nothing in this subdivision (6) shall be
10    construed to prevent the Disciplinary Board from
11    investigating and the Department from disciplining a
12    physician on the basis of medical malpractice claims that
13    are pending;
14        (7) names of medical schools attended, dates of
15    attendance, and date of graduation;
16        (8) graduate medical education;
17        (9) specialty board certification. The toll-free
18    number of the American Board of Medical Specialties shall
19    be included to verify current board certification status;
20        (10) number of years in practice and locations;
21        (11) names of the hospitals where the physician has
22    privileges;
23        (12) appointments to medical school faculties and
24    indication as to whether a physician has a responsibility
25    for graduate medical education within the most recent 5
26    years;

 

 

HB0214- 56 -LRB097 05718 EFG 45782 b

1        (13) information regarding publications in
2    peer-reviewed medical literature within the most recent 5
3    years;
4        (14) information regarding professional or community
5    service activities and awards;
6        (15) the location of the physician's primary practice
7    setting;
8        (16) identification of any translating services that
9    may be available at the physician's primary practice
10    location;
11        (17) an indication of whether the physician
12    participates in the Medicaid program.
13    (c) The Disciplinary Board shall provide individual
14physicians with a copy of their profiles prior to release to
15the public. A physician shall be provided 60 days to correct
16factual inaccuracies that appear in such profile.
17    (d) A physician may elect to have his or her profile omit
18certain information provided pursuant to subdivisions (12)
19through (14) of subsection (b) concerning academic
20appointments and teaching responsibilities, publication in
21peer-reviewed journals and professional and community service
22awards. In collecting information for such profiles and in
23disseminating the same, the Disciplinary Board shall inform
24physicians that they may choose not to provide such information
25required pursuant to subdivisions (12) through (14) of
26subsection (b).

 

 

HB0214- 57 -LRB097 05718 EFG 45782 b

1    (e) The Department shall promulgate such rules as it deems
2necessary to accomplish the requirements of this Section.
3(Source: P.A. 94-677, eff. 8-25-05.)
 
4    (225 ILCS 60/26)  (from Ch. 111, par. 4400-26)
5    (Section scheduled to be repealed on November 30, 2011)
6    Sec. 26. Advertising.
7    (1) Any person licensed under this Act may advertise the
8availability of professional services in the public media or on
9the premises where such professional services are rendered.
10Such advertising shall be limited to the following information:
11        (a) Publication of the person's name, title, office
12    hours, address and telephone number;
13        (b) Information pertaining to the person's areas of
14    specialization, including appropriate board certification
15    or limitation of professional practice;
16        (c) Information on usual and customary fees for routine
17    professional services offered, which information shall
18    include, notification that fees may be adjusted due to
19    complications or unforeseen circumstances;
20        (d) Announcement of the opening of, change of, absence
21    from, or return to business;
22        (e) Announcement of additions to or deletions from
23    professional licensed staff;
24        (f) The issuance of business or appointment cards.
25    (2) It is unlawful for any person licensed under this Act

 

 

HB0214- 58 -LRB097 05718 EFG 45782 b

1to use testimonials or claims of superior quality of care to
2entice the public. It shall be unlawful to advertise fee
3comparisons of available services with those of other persons
4licensed under this Act.
5    (3) This Act does not authorize the advertising of
6professional services which the offeror of such services is not
7licensed to render. Nor shall the advertiser use statements
8which contain false, fraudulent, deceptive or misleading
9material or guarantees of success, statements which play upon
10the vanity or fears of the public, or statements which promote
11or produce unfair competition.
12    (4) A licensee shall include in every advertisement for
13services regulated under this Act his or her title as it
14appears on the license or the initials authorized under this
15Act.
16(Source: P.A. 91-310, eff. 1-1-00.)
 
17    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
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, and by P.A. 96-1372,
21which amended language added by P.A. 94-677)
22    Sec. 36. Upon the motion of either the Department or the
23Disciplinary Board or upon the verified complaint in writing of
24any person setting forth facts which, if proven, would
25constitute grounds for suspension or revocation under Section

 

 

HB0214- 59 -LRB097 05718 EFG 45782 b

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

 

 

HB0214- 60 -LRB097 05718 EFG 45782 b

1to the accused person, or by mailing the same by registered or
2certified mail to the address last theretofore specified by the
3accused in their last notification to the Department.
4    All information gathered by the Department during its
5investigation including information subpoenaed under Section
623 or 38 of this Act and the investigative file shall be kept
7for the confidential use of the Secretary, Disciplinary Board,
8the Medical Coordinators, persons employed by contract to
9advise the Medical Coordinator or the Department, the
10Disciplinary Board's attorneys, the medical investigative
11staff, and authorized clerical staff, as provided in this Act
12and shall be afforded the same status as is provided
13information concerning medical studies in Part 21 of Article
14VIII of the Code of Civil Procedure, except that the Department
15may disclose information and documents to a federal, State, or
16local law enforcement agency pursuant to a subpoena in an
17ongoing criminal investigation to a health care licensing body
18of this State or another state or jurisdiction pursuant to an
19official request made by that licensing body. Furthermore,
20information and documents disclosed to a federal, State, or
21local law enforcement agency may be used by that agency only
22for the investigation and prosecution of a criminal offense or,
23in the case of disclosure to a health care licensing body, only
24for investigations and disciplinary action proceedings with
25regard to a license issued by that licensing body.
26(Source: P.A. 94-677, eff. 8-25-05; 96-1372, eff. 7-29-10.)
 

 

 

HB0214- 61 -LRB097 05718 EFG 45782 b

1    (225 ILCS 60/32 rep.)
2    Section 90. The Medical Practice Act of 1987 is amended by
3repealing Section 32.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.

 

 

HB0214- 62 -LRB097 05718 EFG 45782 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.21
4    5 ILCS 80/4.31
5    225 ILCS 60/7from Ch. 111, par. 4400-7
6    225 ILCS 60/7.5
7    225 ILCS 60/9from Ch. 111, par. 4400-9
8    225 ILCS 60/18from Ch. 111, par. 4400-18
9    225 ILCS 60/19from Ch. 111, par. 4400-19
10    225 ILCS 60/22from Ch. 111, par. 4400-22
11    225 ILCS 60/23from Ch. 111, par. 4400-23
12    225 ILCS 60/24from Ch. 111, par. 4400-24
13    225 ILCS 60/24.1
14    225 ILCS 60/26from Ch. 111, par. 4400-26
15    225 ILCS 60/36from Ch. 111, par. 4400-36
16    225 ILCS 60/32 rep.