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91_SB0649sam001
LRB9108984RCpkam
1 AMENDMENT TO SENATE BILL 649
2 AMENDMENT NO. . Amend Senate Bill 649 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Human Cloning Act.
6 Section 5. Purpose. It is the intent of the General
7 Assembly to place a moratorium on the cloning of an entire
8 human being in order to evaluate the profound medical,
9 ethical, and social implications that such a possibility
10 raises.
11 Section 10. Human cloning prohibited.
12 (a) No person shall clone a human being.
13 (b) No person shall purchase or sell an ovum, zygote,
14 embryo, or fetus for the purpose of cloning a human being.
15 (c) For purposes of this Section, "clone" means the
16 practice of creating or attempting to create a human being by
17 transferring the nucleus from a human cell from whatever
18 source into a human egg cell from which the nucleus has been
19 removed for the purpose of, or to implant, the resulting
20 product to initiate a pregnancy that could result in the
21 birth of a human being.
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1 (d) Nothing in this Act shall be construed to restrict
2 or prohibit biomedical research using cloning technology that
3 is not expressly prohibited by this Act, including the
4 cloning of human genes, cells, and tissues.
5 Section 15. For violations of Section 10, the Attorney
6 General may, after appropriate notice and opportunity for
7 hearing, by order, levy administrative penalties as follows:
8 (a) If the violator is a corporation, firm, clinic,
9 hospital, laboratory, or research facility, by a civil
10 penalty of not more than $1,000,000 or the applicable amount
11 under subsection (c), whichever is greater.
12 (b) If the violator is an individual, by a civil penalty
13 of not more than $250,000 or the applicable amount under
14 subsection (c), whichever is greater.
15 (c) If any violator derives pecuniary gain from a
16 violation of Section 10, the violator may be assessed a civil
17 penalty of not more than an amount equal to the amount of the
18 gross gain multiplied by 2.
19 (d) The administrative penalties shall be paid into the
20 General Revenue Fund.
21 Section 90. Repeal. This Act is repealed on January 1,
22 2005.
23 Section 105. The Department of Public Health Powers and
24 Duties Law of the Civil Administrative Code of Illinois is
25 amended by adding Section 2310-330.5 as follows:
26 (20 ILCS 2310/2310-330.5 new)
27 Sec. 2310-330.5. Revocation of registration of sperm
28 banks that violate the Human Cloning Act. The Department
29 shall revoke the registration of a sperm bank that violates
30 the Human Cloning Act. This Section is repealed on January
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1 1, 2005.
2 Section 110. The Ambulatory Surgical Treatment Center
3 Act is amended by adding Section 10f-5 as follows:
4 (210 ILCS 5/10f-5 new)
5 Sec. 10f-5. Revocation of license for violating the
6 Human Cloning Act. The Director shall revoke the license of
7 an ambulatory surgical treatment center that violates the
8 Human Cloning Act. This Section is repealed on January 1,
9 2005.
10 Section 115. The Hospital Licensing Act is amended by
11 adding Section 7.5 as follows:
12 (210 ILCS 85/7.5 new)
13 Sec. 7.5. Revocation of license for violation of the
14 Human Cloning Act. The Director shall revoke the license of
15 a hospital that violates the Human Cloning Act. This Section
16 is repealed on January 1, 2005.
17 Section 120. The Medical Practice Act of 1987 is amended
18 by changing Section 22 as follows:
19 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
20 Sec. 22. Disciplinary action.
21 (A) The Department may revoke, suspend, place on
22 probationary status, or take any other disciplinary action as
23 the Department may deem proper with regard to the license or
24 visiting professor permit of any person issued under this Act
25 to practice medicine, or to treat human ailments without the
26 use of drugs and without operative surgery upon any of the
27 following grounds:
28 (1) Performance of an elective abortion in any
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1 place, locale, facility, or institution other than:
2 (a) a facility licensed pursuant to the
3 Ambulatory Surgical Treatment Center Act;
4 (b) an institution licensed under the Hospital
5 Licensing Act; or
6 (c) an ambulatory surgical treatment center or
7 hospitalization or care facility maintained by the
8 State or any agency thereof, where such department
9 or agency has authority under law to establish and
10 enforce standards for the ambulatory surgical
11 treatment centers, hospitalization, or care
12 facilities under its management and control; or
13 (d) ambulatory surgical treatment centers,
14 hospitalization or care facilities maintained by the
15 Federal Government; or
16 (e) ambulatory surgical treatment centers,
17 hospitalization or care facilities maintained by any
18 university or college established under the laws of
19 this State and supported principally by public funds
20 raised by taxation.
21 (2) Performance of an abortion procedure in a
22 wilful and wanton manner on a woman who was not pregnant
23 at the time the abortion procedure was performed.
24 (3) The conviction of a felony in this or any other
25 jurisdiction, except as otherwise provided in subsection
26 B of this Section, whether or not related to practice
27 under this Act, or the entry of a guilty or nolo
28 contendere plea to a felony charge.
29 (4) Gross negligence in practice under this Act.
30 (5) Engaging in dishonorable, unethical or
31 unprofessional conduct of a character likely to deceive,
32 defraud or harm the public.
33 (6) Obtaining any fee by fraud, deceit, or
34 misrepresentation.
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1 (7) Habitual or excessive use or abuse of drugs
2 defined in law as controlled substances, of alcohol, or
3 of any other substances which results in the inability to
4 practice with reasonable judgment, skill or safety.
5 (8) Practicing under a false or, except as provided
6 by law, an assumed name.
7 (9) Fraud or misrepresentation in applying for, or
8 procuring, a license under this Act or in connection with
9 applying for renewal of a license under this Act.
10 (10) Making a false or misleading statement
11 regarding their skill or the efficacy or value of the
12 medicine, treatment, or remedy prescribed by them at
13 their direction in the treatment of any disease or other
14 condition of the body or mind.
15 (11) Allowing another person or organization to use
16 their license, procured under this Act, to practice.
17 (12) Disciplinary action of another state or
18 jurisdiction against a license or other authorization to
19 practice as a medical doctor, doctor of osteopathy,
20 doctor of osteopathic medicine or doctor of chiropractic,
21 a certified copy of the record of the action taken by the
22 other state or jurisdiction being prima facie evidence
23 thereof.
24 (13) Violation of any provision of this Act or of
25 the Medical Practice Act prior to the repeal of that Act,
26 or violation of the rules, or a final administrative
27 action of the Director, after consideration of the
28 recommendation of the Disciplinary Board.
29 (14) Dividing with anyone other than physicians
30 with whom the licensee practices in a partnership,
31 Professional Association, limited liability company, or
32 Medical or Professional Corporation any fee, commission,
33 rebate or other form of compensation for any professional
34 services not actually and personally rendered. Nothing
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1 contained in this subsection prohibits persons holding
2 valid and current licenses under this Act from practicing
3 medicine in partnership under a partnership agreement,
4 including a limited liability partnership, in a limited
5 liability company under the Limited Liability Company
6 Act, in a corporation authorized by the Medical
7 Corporation Act, as an association authorized by the
8 Professional Association Act, or in a corporation under
9 the Professional Corporation Act or from pooling,
10 sharing, dividing or apportioning the fees and monies
11 received by them or by the partnership, corporation or
12 association in accordance with the partnership agreement
13 or the policies of the Board of Directors of the
14 corporation or association. Nothing contained in this
15 subsection prohibits 2 or more corporations authorized by
16 the Medical Corporation Act, from forming a partnership
17 or joint venture of such corporations, and providing
18 medical, surgical and scientific research and knowledge
19 by employees of these corporations if such employees are
20 licensed under this Act, or from pooling, sharing,
21 dividing, or apportioning the fees and monies received by
22 the partnership or joint venture in accordance with the
23 partnership or joint venture agreement. Nothing
24 contained in this subsection shall abrogate the right of
25 2 or more persons, holding valid and current licenses
26 under this Act, to each receive adequate compensation for
27 concurrently rendering professional services to a patient
28 and divide a fee; provided, the patient has full
29 knowledge of the division, and, provided, that the
30 division is made in proportion to the services performed
31 and responsibility assumed by each.
32 (15) A finding by the Medical Disciplinary Board
33 that the registrant after having his or her license
34 placed on probationary status or subjected to conditions
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1 or restrictions violated the terms of the probation or
2 failed to comply with such terms or conditions.
3 (16) Abandonment of a patient.
4 (17) Prescribing, selling, administering,
5 distributing, giving or self-administering any drug
6 classified as a controlled substance (designated product)
7 or narcotic for other than medically accepted therapeutic
8 purposes.
9 (18) Promotion of the sale of drugs, devices,
10 appliances or goods provided for a patient in such manner
11 as to exploit the patient for financial gain of the
12 physician.
13 (19) Offering, undertaking or agreeing to cure or
14 treat disease by a secret method, procedure, treatment or
15 medicine, or the treating, operating or prescribing for
16 any human condition by a method, means or procedure which
17 the licensee refuses to divulge upon demand of the
18 Department.
19 (20) Immoral conduct in the commission of any act
20 including, but not limited to, commission of an act of
21 sexual misconduct related to the licensee's practice.
22 (21) Wilfully making or filing false records or
23 reports in his or her practice as a physician, including,
24 but not limited to, false records to support claims
25 against the medical assistance program of the Department
26 of Public Aid under the Illinois Public Aid Code.
27 (22) Wilful omission to file or record, or wilfully
28 impeding the filing or recording, or inducing another
29 person to omit to file or record, medical reports as
30 required by law, or wilfully failing to report an
31 instance of suspected abuse or neglect as required by
32 law.
33 (23) Being named as a perpetrator in an indicated
34 report by the Department of Children and Family Services
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1 under the Abused and Neglected Child Reporting Act, and
2 upon proof by clear and convincing evidence that the
3 licensee has caused a child to be an abused child or
4 neglected child as defined in the Abused and Neglected
5 Child Reporting Act.
6 (24) Solicitation of professional patronage by any
7 corporation, agents or persons, or profiting from those
8 representing themselves to be agents of the licensee.
9 (25) Gross and wilful and continued overcharging
10 for professional services, including filing false
11 statements for collection of fees for which services are
12 not rendered, including, but not limited to, filing such
13 false statements for collection of monies for services
14 not rendered from the medical assistance program of the
15 Department of Public Aid under the Illinois Public Aid
16 Code.
17 (26) A pattern of practice or other behavior which
18 demonstrates incapacity or incompetence to practice under
19 this Act.
20 (27) Mental illness or disability which results in
21 the inability to practice under this Act with reasonable
22 judgment, skill or safety.
23 (28) Physical illness, including, but not limited
24 to, deterioration through the aging process, or loss of
25 motor skill which results in a physician's inability to
26 practice under this Act with reasonable judgment, skill
27 or safety.
28 (29) Cheating on or attempt to subvert the
29 licensing examinations administered under this Act.
30 (30) Wilfully or negligently violating the
31 confidentiality between physician and patient except as
32 required by law.
33 (31) The use of any false, fraudulent, or deceptive
34 statement in any document connected with practice under
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1 this Act.
2 (32) Aiding and abetting an individual not licensed
3 under this Act in the practice of a profession licensed
4 under this Act.
5 (33) Violating state or federal laws or regulations
6 relating to controlled substances.
7 (34) Failure to report to the Department any
8 adverse final action taken against them by another
9 licensing jurisdiction (any other state or any territory
10 of the United States or any foreign state or country), by
11 any peer review body, by any health care institution, by
12 any professional society or association related to
13 practice under this Act, by any governmental agency, by
14 any law enforcement agency, or by any court for acts or
15 conduct similar to acts or conduct which would constitute
16 grounds for action as defined in this Section.
17 (35) Failure to report to the Department surrender
18 of a license or authorization to practice as a medical
19 doctor, a doctor of osteopathy, a doctor of osteopathic
20 medicine, or doctor of chiropractic in another state or
21 jurisdiction, or surrender of membership on any medical
22 staff or in any medical or professional association or
23 society, while under disciplinary investigation by any of
24 those authorities or bodies, for acts or conduct similar
25 to acts or conduct which would constitute grounds for
26 action as defined in this Section.
27 (36) Failure to report to the Department any
28 adverse judgment, settlement, or award arising from a
29 liability claim related to acts or conduct similar to
30 acts or conduct which would constitute grounds for action
31 as defined in this Section.
32 (37) Failure to transfer copies of medical records
33 as required by law.
34 (38) Failure to furnish the Department, its
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1 investigators or representatives, relevant information,
2 legally requested by the Department after consultation
3 with the Chief Medical Coordinator or the Deputy Medical
4 Coordinator.
5 (39) Violating the Health Care Worker Self-Referral
6 Act.
7 (40) Willful failure to provide notice when notice
8 is required under the Parental Notice of Abortion Act of
9 1995.
10 (41) Failure to establish and maintain records of
11 patient care and treatment as required by this law.
12 (42) Entering into an excessive number of written
13 collaborative agreements with licensed advanced practice
14 nurses resulting in an inability to adequately
15 collaborate and provide medical direction.
16 (43) Violating the Human Cloning Act. This item
17 (43) is inoperative upon the repeal of the Human Cloning
18 Act.
19 (44) (43) Repeated failure to adequately
20 collaborate with or provide medical direction to a
21 licensed advanced practice nurse.
22 All proceedings to suspend, revoke, place on probationary
23 status, or take any other disciplinary action as the
24 Department may deem proper, with regard to a license on any
25 of the foregoing grounds, must be commenced within 3 years
26 next after receipt by the Department of a complaint alleging
27 the commission of or notice of the conviction order for any
28 of the acts described herein. Except for the grounds
29 numbered (8), (9) and (29), no action shall be commenced more
30 than 5 years after the date of the incident or act alleged to
31 have violated this Section. In the event of the settlement
32 of any claim or cause of action in favor of the claimant or
33 the reduction to final judgment of any civil action in favor
34 of the plaintiff, such claim, cause of action or civil action
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1 being grounded on the allegation that a person licensed under
2 this Act was negligent in providing care, the Department
3 shall have an additional period of one year from the date of
4 notification to the Department under Section 23 of this Act
5 of such settlement or final judgment in which to investigate
6 and commence formal disciplinary proceedings under Section 36
7 of this Act, except as otherwise provided by law. The time
8 during which the holder of the license was outside the State
9 of Illinois shall not be included within any period of time
10 limiting the commencement of disciplinary action by the
11 Department.
12 The entry of an order or judgment by any circuit court
13 establishing that any person holding a license under this Act
14 is a person in need of mental treatment operates as a
15 suspension of that license. That person may resume their
16 practice only upon the entry of a Departmental order based
17 upon a finding by the Medical Disciplinary Board that they
18 have been determined to be recovered from mental illness by
19 the court and upon the Disciplinary Board's recommendation
20 that they be permitted to resume their practice.
21 The Department may refuse to issue or take disciplinary
22 action concerning the license of any person who fails to file
23 a return, or to pay the tax, penalty or interest shown in a
24 filed return, or to pay any final assessment of tax, penalty
25 or interest, as required by any tax Act administered by the
26 Illinois Department of Revenue, until such time as the
27 requirements of any such tax Act are satisfied as determined
28 by the Illinois Department of Revenue.
29 The Department, upon the recommendation of the
30 Disciplinary Board, shall adopt rules which set forth
31 standards to be used in determining:
32 (a) when a person will be deemed sufficiently
33 rehabilitated to warrant the public trust;
34 (b) what constitutes dishonorable, unethical or
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1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public;
3 (c) what constitutes immoral conduct in the
4 commission of any act, including, but not limited to,
5 commission of an act of sexual misconduct related to the
6 licensee's practice; and
7 (d) what constitutes gross negligence in the
8 practice of medicine.
9 However, no such rule shall be admissible into evidence
10 in any civil action except for review of a licensing or other
11 disciplinary action under this Act.
12 In enforcing this Section, the Medical Disciplinary
13 Board, upon a showing of a possible violation, may compel any
14 individual licensed to practice under this Act, or who has
15 applied for licensure or a permit pursuant to this Act, to
16 submit to a mental or physical examination, or both, as
17 required by and at the expense of the Department. The
18 examining physician or physicians shall be those specifically
19 designated by the Disciplinary Board. The Medical
20 Disciplinary Board or the Department may order the examining
21 physician to present testimony concerning this mental or
22 physical examination of the licensee or applicant. No
23 information shall be excluded by reason of any common law or
24 statutory privilege relating to communication between the
25 licensee or applicant and the examining physician. The
26 individual to be examined may have, at his or her own
27 expense, another physician of his or her choice present
28 during all aspects of the examination. Failure of any
29 individual to submit to mental or physical examination, when
30 directed, shall be grounds for suspension of his or her
31 license until such time as the individual submits to the
32 examination if the Disciplinary Board finds, after notice and
33 hearing, that the refusal to submit to the examination was
34 without reasonable cause. If the Disciplinary Board finds a
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1 physician unable to practice because of the reasons set forth
2 in this Section, the Disciplinary Board shall require such
3 physician to submit to care, counseling, or treatment by
4 physicians approved or designated by the Disciplinary Board,
5 as a condition for continued, reinstated, or renewed
6 licensure to practice. Any physician, whose license was
7 granted pursuant to Sections 9, 17, or 19 of this Act, or,
8 continued, reinstated, renewed, disciplined or supervised,
9 subject to such terms, conditions or restrictions who shall
10 fail to comply with such terms, conditions or restrictions,
11 or to complete a required program of care, counseling, or
12 treatment, as determined by the Chief Medical Coordinator or
13 Deputy Medical Coordinators, shall be referred to the
14 Director for a determination as to whether the licensee shall
15 have their license suspended immediately, pending a hearing
16 by the Disciplinary Board. In instances in which the
17 Director immediately suspends a license under this Section, a
18 hearing upon such person's license must be convened by the
19 Disciplinary Board within 15 days after such suspension and
20 completed without appreciable delay. The Disciplinary Board
21 shall have the authority to review the subject physician's
22 record of treatment and counseling regarding the impairment,
23 to the extent permitted by applicable federal statutes and
24 regulations safeguarding the confidentiality of medical
25 records.
26 An individual licensed under this Act, affected under
27 this Section, shall be afforded an opportunity to demonstrate
28 to the Disciplinary Board that they can resume practice in
29 compliance with acceptable and prevailing standards under the
30 provisions of their license.
31 The Department may promulgate rules for the imposition of
32 fines in disciplinary cases, not to exceed $5,000 for each
33 violation of this Act. Fines may be imposed in conjunction
34 with other forms of disciplinary action, but shall not be the
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1 exclusive disposition of any disciplinary action arising out
2 of conduct resulting in death or injury to a patient. Any
3 funds collected from such fines shall be deposited in the
4 Medical Disciplinary Fund.
5 (B) The Department shall revoke the license or visiting
6 permit of any person issued under this Act to practice
7 medicine or to treat human ailments without the use of drugs
8 and without operative surgery, who has been convicted a
9 second time of committing any felony under the Illinois
10 Controlled Substances Act, or who has been convicted a second
11 time of committing a Class 1 felony under Sections 8A-3 and
12 8A-6 of the Illinois Public Aid Code. A person whose license
13 or visiting permit is revoked under this subsection B of
14 Section 22 of this Act shall be prohibited from practicing
15 medicine or treating human ailments without the use of drugs
16 and without operative surgery.
17 (C) The Medical Disciplinary Board shall recommend to
18 the Department civil penalties and any other appropriate
19 discipline in disciplinary cases when the Board finds that a
20 physician willfully performed an abortion with actual
21 knowledge that the person upon whom the abortion has been
22 performed is a minor or an incompetent person without notice
23 as required under the Parental Notice of Abortion Act of
24 1995. Upon the Board's recommendation, the Department shall
25 impose, for the first violation, a civil penalty of $1,000
26 and for a second or subsequent violation, a civil penalty of
27 $5,000.
28 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
29 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff.
30 8-13-98.)
31 Section 125. The Criminal Code of 1961 is amended by
32 adding Section 12-35 as follows:
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1 (720 ILCS 5/12-35 new)
2 Sec. 12-35. Criminal cloning of humans.
3 (a) No person shall engage in activity which involves
4 the use of a human somatic cell nucleus transfer technology
5 to produce a human embryo for the process of producing a
6 human clone.
7 (b) Sentence. A violation of this Section is a Class 4
8 felony.
9 (c) Definition. For purposes of this Section, "human
10 clone" means a human being created by transferring the
11 nucleus from a human cell from whatever source into a human
12 egg cell from which the nucleus has been removed for the
13 purpose of, or to implant, the resulting product to initiate
14 a pregnancy that could result in the birth of a human being.
15 (d) Nothing in this Section shall be construed to
16 restrict or prohibit biomedical research using cloning
17 technology that is not expressly prohibited by this Section,
18 including the cloning of human genes, cells, and tissues.
19 (e) Repealed. This Section is repealed on January 1,
20 2005.
21 Section 999. Effective date. This Act takes effect upon
22 becoming law.".