093_SB0105sam002

 










                                     LRB093 06657 AMC 14136 a

 1                    AMENDMENT TO SENATE BILL 105

 2        AMENDMENT NO.     .  Amend Senate Bill 105,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

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

 7        (225 ILCS 60/7.5 new)
 8        (Section scheduled to be repealed on January 1, 2007)
 9        Sec. 7.5.  Complaint Committee.
10        (a)  There   shall   be  a  Complaint  Committee  of  the
11    Disciplinary Board composed of at least one  of  the  medical
12    coordinators  established  by  subsection (g) of Section 7 of
13    this  Act,  The  Chief  of  Medical  Investigations   (person
14    employed  by the Department who is in charge of investigating
15    complaints against physicians and physician assistants),  and
16    at least 3 voting members of the Disciplinary Board (at least
17    2  of whom shall be physicians) designated by the Chairman of
18    the Medical Disciplinary  Board  with  the  approval  of  the
19    Disciplinary   Board.   The  Disciplinary  Board  members  so
20    appointed shall serve one-year terms and may be eligible  for
21    reappointment for subsequent terms.
22        (b)  The  Complaint Committee shall meet at least twice a
 
                            -2-      LRB093 06657 AMC 14136 a
 1    month to exercise its  functions  and  duties  set  forth  in
 2    subsection  (c) below. At least 2 members of the Disciplinary
 3    Board shall be in attendance in order for any business to  be
 4    transacted   by   the   Complaint  Committee.  The  Complaint
 5    Committee shall make every effort to  consider  expeditiously
 6    and take prompt action on each item on its agenda.
 7        (c)  The  Complaint  Committee  shall  have the following
 8    duties and functions:
 9             (1)  To recommend to the Disciplinary Board  that  a
10        complaint file be closed.
11             (2)  To  refer a complaint file to the office of the
12        Chief of Medical Prosecutions  (person  employed  by  the
13        Department   who  is  in  charge  of  prosecuting  formal
14        complaints against licensees) for review.
15             (3)  To make a  decision  in  conjunction  with  the
16        Chief  of  Medical  Prosecutions  regarding  action to be
17        taken on a complaint file, including whether  to  proceed
18        with an informal conference or a formal hearing.
19        (d)  In  determining  what  action  to take or whether to
20    proceed  with  prosecution  of  a  complaint,  the  Complaint
21    Committee  shall  consider,  but  not  be  limited  to,   the
22    following  factors:  sufficiency  of  the evidence presented,
23    prosecutorial  merit  under  Section  22  of  this  Act,  and
24    insufficient cooperation from complaining parties.".