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91_HB0913
LRB9102223LDmb
1 AN ACT to amend the Medical Practice Act of 1987 by
2 changing Section 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Medical Practice Act of 1987 is amended
6 by changing Section 7 as follows:
7 (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
8 Sec. 7. Medical Disciplinary Board.
9 (A) There is hereby created the Illinois State Medical
10 Disciplinary Board (hereinafter referred to as the
11 "Disciplinary Board"). The Disciplinary Board shall consist
12 of 9 members, to be appointed by the Governor by and with the
13 advice and consent of the Senate. All shall be residents of
14 the State, not more than 5 of whom shall be members of the
15 same political party. Five members shall be physicians
16 licensed to practice medicine in all of its branches in
17 Illinois possessing the degree of doctor of medicine. Two
18 shall be members of the public, who shall not be engaged in
19 any way, directly or indirectly, as providers of health care.
20 The 2 public members shall be voting members and shall be
21 appointed by the Governor by and with the advice of the
22 Senate for terms of 4 years act as nonvoting, ex-officio
23 members and shall not be considered in determining the
24 existence, or lack of existence, of a quorum for all purposes
25 for which a quorum may be called pursuant to this Act. One
26 member shall be a physician licensed to practice in Illinois
27 possessing the degree of doctor of osteopathy or osteopathic
28 medicine. One member shall be a physician licensed to
29 practice in Illinois and possessing the degree of doctor of
30 chiropractic.
31 (B) Members of the Disciplinary Board shall be appointed
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1 for terms of 4 years. Upon the expiration of the term of any
2 member, their successor shall be appointed for a term of 4
3 years by the Governor by and with the advice and consent of
4 the Senate. The Governor shall fill any vacancy for the
5 remainder of the unexpired term by and with the advice and
6 consent of the Senate. Upon recommendation of the Board, any
7 member of the Disciplinary Board may be removed by the
8 Governor for misfeasance, malfeasance, or wilful neglect of
9 duty, after notice, and a public hearing, unless such notice
10 and hearing shall be expressly waived in writing. Each
11 member shall serve on the Disciplinary Board until their
12 successor is appointed and qualified. No member of the
13 Disciplinary Board shall serve more than 2 consecutive 4 year
14 terms.
15 In making appointments the Governor shall attempt to
16 insure that the various social and geographic regions of the
17 State of Illinois are properly represented.
18 In making the designation of persons to act for the
19 several professions represented on the Disciplinary Board,
20 the Governor shall give due consideration to recommendations
21 by members of the respective professions and by organizations
22 therein.
23 (C) The Disciplinary Board shall annually elect one of
24 its voting members as chairperson and one as vice
25 chairperson. No officer shall be elected more than twice in
26 succession to the same office. Each officer shall serve
27 until their successor has been elected and qualified.
28 (D) (Blank).
29 (E) Five Four voting members of the Disciplinary Board
30 shall constitute a quorum. A vacancy in the membership of
31 the Disciplinary Board shall not impair the right of a quorum
32 to exercise all the rights and perform all the duties of the
33 Disciplinary Board. Any action taken by the Disciplinary
34 Board under this Act may be authorized by resolution at any
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1 regular or special meeting and each such resolution shall
2 take effect immediately. The Disciplinary Board shall meet
3 at least quarterly. The Disciplinary Board is empowered to
4 adopt all rules and regulations necessary and incident to the
5 powers granted to it under this Act.
6 (F) Each member, and member-officer, of the Disciplinary
7 Board shall receive a per diem stipend as the Director of the
8 Department, hereinafter referred to as the Director, shall
9 determine. The Director shall also determine the per diem
10 stipend that each ex-officio member shall receive. Each
11 member shall be paid their necessary expenses while engaged
12 in the performance of their duties.
13 (G) The Director shall select a Chief Medical
14 Coordinator and a Deputy Medical Coordinator who shall not be
15 members of the Disciplinary Board. Each medical coordinator
16 shall be a physician licensed to practice medicine in all of
17 its branches, and the Director shall set their rates of
18 compensation. The Director shall assign one medical
19 coordinator to a region composed of Cook County and such
20 other counties as the Director may deem appropriate, and such
21 medical coordinator shall locate their office in Chicago.
22 The Director shall assign the remaining medical coordinator
23 to a region composed of the balance of counties in the State,
24 and such medical coordinator shall locate their office in
25 Springfield. Each medical coordinator shall be the chief
26 enforcement officer of this Act in their assigned region and
27 shall serve at the will of the Disciplinary Board.
28 The Director shall employ, in conformity with the
29 Personnel Code, not less than one full time investigator for
30 every 5000 physicians licensed in the State. Each
31 investigator shall be a college graduate with at least 2
32 years' investigative experience or one year advanced medical
33 education. Upon the written request of the Disciplinary
34 Board, the Director shall employ, in conformity with the
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1 Personnel Code, such other professional, technical,
2 investigative, and clerical help, either on a full or
3 part-time basis as the Disciplinary Board deems necessary for
4 the proper performance of its duties.
5 (H) Upon the specific request of the Disciplinary Board,
6 signed by either the chairman, vice chairman, or a medical
7 coordinator of the Disciplinary Board, the Department of
8 Human Services or the Department of State Police shall make
9 available any and all information that they have in their
10 possession regarding a particular case then under
11 investigation by the Disciplinary Board.
12 (I) Members of the Disciplinary Board shall be immune
13 from suit in any action based upon any disciplinary
14 proceedings or other acts performed in good faith as members
15 of the Disciplinary Board.
16 (J) The Disciplinary Board may compile and establish a
17 statewide roster of physicians and other medical
18 professionals, including the several medical specialties, of
19 such physicians and medical professionals, who have agreed to
20 serve from time to time as advisors to the medical
21 coordinators. Such advisors shall assist the medical
22 coordinators in their investigations and participation in
23 complaints against physicians. Such advisors shall serve
24 under contract and shall be reimbursed at a reasonable rate
25 for the services provided, plus reasonable expenses incurred.
26 While serving in this capacity, the advisor, for any act
27 undertaken in good faith and in the conduct of their duties
28 under this Section, shall be immune from civil suit.
29 (Source: P.A. 89-507, eff. 7-1-97; 89-702, eff. 7-1-97.)