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|[ Introduced ]||[ House Amendment 001 ]|
92_SB0493eng SB493 Engrossed LRB9206202RCcdA 1 AN ACT in relation to cloning. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 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, human embryo, or human fetus in order to 9 evaluate the profound medical, ethical, and social 10 implications that such a possibility raises. 11 Section 10. Human cloning prohibited. 12 (a) No person shall clone a human being. 13 (b) No person shall purchase, sell, use, or transport an 14 ovum, zygote, embryo, or fetus for the purpose of cloning a 15 human being. 16 (c) For purposes of this Section, "clone" means to 17 create or attempt to create using human somatic cell nucleus 18 transfer technology a human being, human embryo, or human 19 fetus by transferring the nucleus from a human cell from 20 whatever source into a human egg cell from which the nucleus 21 has been removed for any purpose regardless of whether or not 22 the resulting product could result in a human embryo, human 23 fetus, or human being and regardless of whether or not it is 24 intended to be implanted into a person and may or may not 25 result in a pregnancy and a birth of a human being. For 26 purposes of this Section, "clone" does not refer to 27 duplicating or replicating human DNA sequences, organs, 28 tissues, or cells. 29 (d) Nothing in this Act shall be construed to restrict 30 or prohibit biomedical research using cloning technology that SB493 Engrossed -2- LRB9206202RCcdA 1 is not expressly prohibited by this Act, including the 2 cloning of human genes, cells, and tissues. 3 Section 15. For violations of Section 10, the Attorney 4 General may, after appropriate notice and opportunity for 5 hearing, by order, levy administrative penalties as follows: 6 (a) If the violator is a corporation, firm, clinic, 7 hospital, laboratory, or research facility, by a civil 8 penalty of not more than $1,000,000 or the applicable amount 9 under subsection (c), whichever is greater. 10 (b) If the violator is an individual, by a civil penalty 11 of not more than $250,000 or the applicable amount under 12 subsection (c), whichever is greater. 13 (c) If any violator derives pecuniary gain from a 14 violation of Section 10, the violator may be assessed a civil 15 penalty of not more than an amount equal to the amount of the 16 gross gain multiplied by 2. 17 (d) The administrative penalties shall be paid into the 18 General Revenue Fund. 19 Section 90. Repeal. This Act is repealed on January 1, 20 2007. 21 Section 105. The Department of Public Health Powers and 22 Duties Law of the Civil Administrative Code of Illinois is 23 amended by adding Section 2310-330.5 as follows: 24 (20 ILCS 2310/2310-330.5 new) 25 Sec. 2310-330.5. Revocation of registration of sperm 26 banks that violate the Human Cloning Act. The Department 27 shall revoke the registration of a sperm bank that violates 28 the Human Cloning Act. This Section is repealed on January 29 1, 2007. SB493 Engrossed -3- LRB9206202RCcdA 1 Section 110. The Ambulatory Surgical Treatment Center 2 Act is amended by adding Section 10f-5 as follows: 3 (210 ILCS 5/10f-5 new) 4 Sec. 10f-5. Revocation of license for violating the 5 Human Cloning Act. The Director shall revoke the license of 6 an ambulatory surgical treatment center that violates the 7 Human Cloning Act. This Section is repealed on January 1, 8 2007. 9 Section 115. The Hospital Licensing Act is amended by 10 adding Section 7.5 as follows: 11 (210 ILCS 85/7.5 new) 12 Sec. 7.5. Revocation of license for violation of the 13 Human Cloning Act. The Director shall revoke the license of 14 a hospital that violates the Human Cloning Act. This Section 15 is repealed on January 1, 2007. 16 Section 120. The Medical Practice Act of 1987 is amended 17 by changing Section 22 as follows: 18 (225 ILCS 60/22) (from Ch. 111, par. 4400-22) 19 Sec. 22. Disciplinary action. 20 (A) The Department may revoke, suspend, place on 21 probationary status, or take any other disciplinary action as 22 the Department may deem proper with regard to the license or 23 visiting professor permit of any person issued under this Act 24 to practice medicine, or to treat human ailments without the 25 use of drugs and without operative surgery upon any of the 26 following grounds: 27 (1) Performance of an elective abortion in any 28 place, locale, facility, or institution other than: 29 (a) a facility licensed pursuant to the SB493 Engrossed -4- LRB9206202RCcdA 1 Ambulatory Surgical Treatment Center Act; 2 (b) an institution licensed under the Hospital 3 Licensing Act; or 4 (c) an ambulatory surgical treatment center or 5 hospitalization or care facility maintained by the 6 State or any agency thereof, where such department 7 or agency has authority under law to establish and 8 enforce standards for the ambulatory surgical 9 treatment centers, hospitalization, or care 10 facilities under its management and control; or 11 (d) ambulatory surgical treatment centers, 12 hospitalization or care facilities maintained by the 13 Federal Government; or 14 (e) ambulatory surgical treatment centers, 15 hospitalization or care facilities maintained by any 16 university or college established under the laws of 17 this State and supported principally by public funds 18 raised by taxation. 19 (2) Performance of an abortion procedure in a 20 wilful and wanton manner on a woman who was not pregnant 21 at the time the abortion procedure was performed. 22 (3) The conviction of a felony in this or any other 23 jurisdiction, except as otherwise provided in subsection 24 B of this Section, whether or not related to practice 25 under this Act, or the entry of a guilty or nolo 26 contendere plea to a felony charge. 27 (4) Gross negligence in practice under this Act. 28 (5) Engaging in dishonorable, unethical or 29 unprofessional conduct of a character likely to deceive, 30 defraud or harm the public. 31 (6) Obtaining any fee by fraud, deceit, or 32 misrepresentation. 33 (7) Habitual or excessive use or abuse of drugs 34 defined in law as controlled substances, of alcohol, or SB493 Engrossed -5- LRB9206202RCcdA 1 of any other substances which results in the inability to 2 practice with reasonable judgment, skill or safety. 3 (8) Practicing under a false or, except as provided 4 by law, an assumed name. 5 (9) Fraud or misrepresentation in applying for, or 6 procuring, a license under this Act or in connection with 7 applying for renewal of a license under this Act. 8 (10) Making a false or misleading statement 9 regarding their skill or the efficacy or value of the 10 medicine, treatment, or remedy prescribed by them at 11 their direction in the treatment of any disease or other 12 condition of the body or mind. 13 (11) Allowing another person or organization to use 14 their license, procured under this Act, to practice. 15 (12) Disciplinary action of another state or 16 jurisdiction against a license or other authorization to 17 practice as a medical doctor, doctor of osteopathy, 18 doctor of osteopathic medicine or doctor of chiropractic, 19 a certified copy of the record of the action taken by the 20 other state or jurisdiction being prima facie evidence 21 thereof. 22 (13) Violation of any provision of this Act or of 23 the Medical Practice Act prior to the repeal of that Act, 24 or violation of the rules, or a final administrative 25 action of the Director, after consideration of the 26 recommendation of the Disciplinary Board. 27 (14) Dividing with anyone other than physicians 28 with whom the licensee practices in a partnership, 29 Professional Association, limited liability company, or 30 Medical or Professional Corporation any fee, commission, 31 rebate or other form of compensation for any professional 32 services not actually and personally rendered. Nothing 33 contained in this subsection prohibits persons holding 34 valid and current licenses under this Act from practicing SB493 Engrossed -6- LRB9206202RCcdA 1 medicine in partnership under a partnership agreement, 2 including a limited liability partnership, in a limited 3 liability company under the Limited Liability Company 4 Act, in a corporation authorized by the Medical 5 Corporation Act, as an association authorized by the 6 Professional Association Act, or in a corporation under 7 the Professional Corporation Act or from pooling, 8 sharing, dividing or apportioning the fees and monies 9 received by them or by the partnership, corporation or 10 association in accordance with the partnership agreement 11 or the policies of the Board of Directors of the 12 corporation or association. Nothing contained in this 13 subsection prohibits 2 or more corporations authorized by 14 the Medical Corporation Act, from forming a partnership 15 or joint venture of such corporations, and providing 16 medical, surgical and scientific research and knowledge 17 by employees of these corporations if such employees are 18 licensed under this Act, or from pooling, sharing, 19 dividing, or apportioning the fees and monies received by 20 the partnership or joint venture in accordance with the 21 partnership or joint venture agreement. Nothing 22 contained in this subsection shall abrogate the right of 23 2 or more persons, holding valid and current licenses 24 under this Act, to each receive adequate compensation for 25 concurrently rendering professional services to a patient 26 and divide a fee; provided, the patient has full 27 knowledge of the division, and, provided, that the 28 division is made in proportion to the services performed 29 and responsibility assumed by each. 30 (15) A finding by the Medical Disciplinary Board 31 that the registrant after having his or her license 32 placed on probationary status or subjected to conditions 33 or restrictions violated the terms of the probation or 34 failed to comply with such terms or conditions. SB493 Engrossed -7- LRB9206202RCcdA 1 (16) Abandonment of a patient. 2 (17) Prescribing, selling, administering, 3 distributing, giving or self-administering any drug 4 classified as a controlled substance (designated product) 5 or narcotic for other than medically accepted therapeutic 6 purposes. 7 (18) Promotion of the sale of drugs, devices, 8 appliances or goods provided for a patient in such manner 9 as to exploit the patient for financial gain of the 10 physician. 11 (19) Offering, undertaking or agreeing to cure or 12 treat disease by a secret method, procedure, treatment or 13 medicine, or the treating, operating or prescribing for 14 any human condition by a method, means or procedure which 15 the licensee refuses to divulge upon demand of the 16 Department. 17 (20) Immoral conduct in the commission of any act 18 including, but not limited to, commission of an act of 19 sexual misconduct related to the licensee's practice. 20 (21) Wilfully making or filing false records or 21 reports in his or her practice as a physician, including, 22 but not limited to, false records to support claims 23 against the medical assistance program of the Department 24 of Public Aid under the Illinois Public Aid Code. 25 (22) Wilful omission to file or record, or wilfully 26 impeding the filing or recording, or inducing another 27 person to omit to file or record, medical reports as 28 required by law, or wilfully failing to report an 29 instance of suspected abuse or neglect as required by 30 law. 31 (23) Being named as a perpetrator in an indicated 32 report by the Department of Children and Family Services 33 under the Abused and Neglected Child Reporting Act, and 34 upon proof by clear and convincing evidence that the SB493 Engrossed -8- LRB9206202RCcdA 1 licensee has caused a child to be an abused child or 2 neglected child as defined in the Abused and Neglected 3 Child Reporting Act. 4 (24) Solicitation of professional patronage by any 5 corporation, agents or persons, or profiting from those 6 representing themselves to be agents of the licensee. 7 (25) Gross and wilful and continued overcharging 8 for professional services, including filing false 9 statements for collection of fees for which services are 10 not rendered, including, but not limited to, filing such 11 false statements for collection of monies for services 12 not rendered from the medical assistance program of the 13 Department of Public Aid under the Illinois Public Aid 14 Code. 15 (26) A pattern of practice or other behavior which 16 demonstrates incapacity or incompetence to practice under 17 this Act. 18 (27) Mental illness or disability which results in 19 the inability to practice under this Act with reasonable 20 judgment, skill or safety. 21 (28) Physical illness, including, but not limited 22 to, deterioration through the aging process, or loss of 23 motor skill which results in a physician's inability to 24 practice under this Act with reasonable judgment, skill 25 or safety. 26 (29) Cheating on or attempt to subvert the 27 licensing examinations administered under this Act. 28 (30) Wilfully or negligently violating the 29 confidentiality between physician and patient except as 30 required by law. 31 (31) The use of any false, fraudulent, or deceptive 32 statement in any document connected with practice under 33 this Act. 34 (32) Aiding and abetting an individual not licensed SB493 Engrossed -9- LRB9206202RCcdA 1 under this Act in the practice of a profession licensed 2 under this Act. 3 (33) Violating state or federal laws or regulations 4 relating to controlled substances. 5 (34) Failure to report to the Department any 6 adverse final action taken against them by another 7 licensing jurisdiction (any other state or any territory 8 of the United States or any foreign state or country), by 9 any peer review body, by any health care institution, by 10 any professional society or association related to 11 practice under this Act, by any governmental agency, by 12 any law enforcement agency, or by any court for acts or 13 conduct similar to acts or conduct which would constitute 14 grounds for action as defined in this Section. 15 (35) Failure to report to the Department surrender 16 of a license or authorization to practice as a medical 17 doctor, a doctor of osteopathy, a doctor of osteopathic 18 medicine, or doctor of chiropractic in another state or 19 jurisdiction, or surrender of membership on any medical 20 staff or in any medical or professional association or 21 society, while under disciplinary investigation by any of 22 those authorities or bodies, for acts or conduct similar 23 to acts or conduct which would constitute grounds for 24 action as defined in this Section. 25 (36) Failure to report to the Department any 26 adverse judgment, settlement, or award arising from a 27 liability claim related to acts or conduct similar to 28 acts or conduct which would constitute grounds for action 29 as defined in this Section. 30 (37) Failure to transfer copies of medical records 31 as required by law. 32 (38) Failure to furnish the Department, its 33 investigators or representatives, relevant information, 34 legally requested by the Department after consultation SB493 Engrossed -10- LRB9206202RCcdA 1 with the Chief Medical Coordinator or the Deputy Medical 2 Coordinator. 3 (39) Violating the Health Care Worker Self-Referral 4 Act. 5 (40) Willful failure to provide notice when notice 6 is required under the Parental Notice of Abortion Act of 7 1995. 8 (41) Failure to establish and maintain records of 9 patient care and treatment as required by this law. 10 (42) Entering into an excessive number of written 11 collaborative agreements with licensed advanced practice 12 nurses resulting in an inability to adequately 13 collaborate and provide medical direction. 14 (43) Repeated failure to adequately collaborate 15 with or provide medical direction to a licensed advanced 16 practice nurse. 17 (44) Violating the Human Cloning Act. This item 18 (44) is inoperative upon the repeal of the Human Cloning 19 Act. 20 All proceedings to suspend, revoke, place on probationary 21 status, or take any other disciplinary action as the 22 Department may deem proper, with regard to a license on any 23 of the foregoing grounds, must be commenced within 3 years 24 next after receipt by the Department of a complaint alleging 25 the commission of or notice of the conviction order for any 26 of the acts described herein. Except for the grounds 27 numbered (8), (9) and (29), no action shall be commenced more 28 than 5 years after the date of the incident or act alleged to 29 have violated this Section. In the event of the settlement 30 of any claim or cause of action in favor of the claimant or 31 the reduction to final judgment of any civil action in favor 32 of the plaintiff, such claim, cause of action or civil action 33 being grounded on the allegation that a person licensed under 34 this Act was negligent in providing care, the Department SB493 Engrossed -11- LRB9206202RCcdA 1 shall have an additional period of one year from the date of 2 notification to the Department under Section 23 of this Act 3 of such settlement or final judgment in which to investigate 4 and commence formal disciplinary proceedings under Section 36 5 of this Act, except as otherwise provided by law. The time 6 during which the holder of the license was outside the State 7 of Illinois shall not be included within any period of time 8 limiting the commencement of disciplinary action by the 9 Department. 10 The entry of an order or judgment by any circuit court 11 establishing that any person holding a license under this Act 12 is a person in need of mental treatment operates as a 13 suspension of that license. That person may resume their 14 practice only upon the entry of a Departmental order based 15 upon a finding by the Medical Disciplinary Board that they 16 have been determined to be recovered from mental illness by 17 the court and upon the Disciplinary Board's recommendation 18 that they be permitted to resume their practice. 19 The Department may refuse to issue or take disciplinary 20 action concerning the license of any person who fails to file 21 a return, or to pay the tax, penalty or interest shown in a 22 filed return, or to pay any final assessment of tax, penalty 23 or interest, as required by any tax Act administered by the 24 Illinois Department of Revenue, until such time as the 25 requirements of any such tax Act are satisfied as determined 26 by the Illinois Department of Revenue. 27 The Department, upon the recommendation of the 28 Disciplinary Board, shall adopt rules which set forth 29 standards to be used in determining: 30 (a) when a person will be deemed sufficiently 31 rehabilitated to warrant the public trust; 32 (b) what constitutes dishonorable, unethical or 33 unprofessional conduct of a character likely to deceive, 34 defraud, or harm the public; SB493 Engrossed -12- LRB9206202RCcdA 1 (c) what constitutes immoral conduct in the 2 commission of any act, including, but not limited to, 3 commission of an act of sexual misconduct related to the 4 licensee's practice; and 5 (d) what constitutes gross negligence in the 6 practice of medicine. 7 However, no such rule shall be admissible into evidence 8 in any civil action except for review of a licensing or other 9 disciplinary action under this Act. 10 In enforcing this Section, the Medical Disciplinary 11 Board, upon a showing of a possible violation, may compel any 12 individual licensed to practice under this Act, or who has 13 applied for licensure or a permit pursuant to this Act, to 14 submit to a mental or physical examination, or both, as 15 required by and at the expense of the Department. The 16 examining physician or physicians shall be those specifically 17 designated by the Disciplinary Board. The Medical 18 Disciplinary Board or the Department may order the examining 19 physician to present testimony concerning this mental or 20 physical examination of the licensee or applicant. No 21 information shall be excluded by reason of any common law or 22 statutory privilege relating to communication between the 23 licensee or applicant and the examining physician. The 24 individual to be examined may have, at his or her own 25 expense, another physician of his or her choice present 26 during all aspects of the examination. Failure of any 27 individual to submit to mental or physical examination, when 28 directed, shall be grounds for suspension of his or her 29 license until such time as the individual submits to the 30 examination if the Disciplinary Board finds, after notice and 31 hearing, that the refusal to submit to the examination was 32 without reasonable cause. If the Disciplinary Board finds a 33 physician unable to practice because of the reasons set forth 34 in this Section, the Disciplinary Board shall require such SB493 Engrossed -13- LRB9206202RCcdA 1 physician to submit to care, counseling, or treatment by 2 physicians approved or designated by the Disciplinary Board, 3 as a condition for continued, reinstated, or renewed 4 licensure to practice. Any physician, whose license was 5 granted pursuant to Sections 9, 17, or 19 of this Act, or, 6 continued, reinstated, renewed, disciplined or supervised, 7 subject to such terms, conditions or restrictions who shall 8 fail to comply with such terms, conditions or restrictions, 9 or to complete a required program of care, counseling, or 10 treatment, as determined by the Chief Medical Coordinator or 11 Deputy Medical Coordinators, shall be referred to the 12 Director for a determination as to whether the licensee shall 13 have their license suspended immediately, pending a hearing 14 by the Disciplinary Board. In instances in which the 15 Director immediately suspends a license under this Section, a 16 hearing upon such person's license must be convened by the 17 Disciplinary Board within 15 days after such suspension and 18 completed without appreciable delay. The Disciplinary Board 19 shall have the authority to review the subject physician's 20 record of treatment and counseling regarding the impairment, 21 to the extent permitted by applicable federal statutes and 22 regulations safeguarding the confidentiality of medical 23 records. 24 An individual licensed under this Act, affected under 25 this Section, shall be afforded an opportunity to demonstrate 26 to the Disciplinary Board that they can resume practice in 27 compliance with acceptable and prevailing standards under the 28 provisions of their license. 29 The Department may promulgate rules for the imposition of 30 fines in disciplinary cases, not to exceed $5,000 for each 31 violation of this Act. Fines may be imposed in conjunction 32 with other forms of disciplinary action, but shall not be the 33 exclusive disposition of any disciplinary action arising out 34 of conduct resulting in death or injury to a patient. Any SB493 Engrossed -14- LRB9206202RCcdA 1 funds collected from such fines shall be deposited in the 2 Medical Disciplinary Fund. 3 (B) The Department shall revoke the license or visiting 4 permit of any person issued under this Act to practice 5 medicine or to treat human ailments without the use of drugs 6 and without operative surgery, who has been convicted a 7 second time of committing any felony under the Illinois 8 Controlled Substances Act, or who has been convicted a second 9 time of committing a Class 1 felony under Sections 8A-3 and 10 8A-6 of the Illinois Public Aid Code. A person whose license 11 or visiting permit is revoked under this subsection B of 12 Section 22 of this Act shall be prohibited from practicing 13 medicine or treating human ailments without the use of drugs 14 and without operative surgery. 15 (C) The Medical Disciplinary Board shall recommend to 16 the Department civil penalties and any other appropriate 17 discipline in disciplinary cases when the Board finds that a 18 physician willfully performed an abortion with actual 19 knowledge that the person upon whom the abortion has been 20 performed is a minor or an incompetent person without notice 21 as required under the Parental Notice of Abortion Act of 22 1995. Upon the Board's recommendation, the Department shall 23 impose, for the first violation, a civil penalty of $1,000 24 and for a second or subsequent violation, a civil penalty of 25 $5,000. 26 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 27 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 28 8-13-98.) 29 Section 125. The Criminal Code of 1961 is amended by 30 adding Section 12-35 as follows: 31 (720 ILCS 5/12-35 new) 32 Sec. 12-35. Criminal cloning of humans. SB493 Engrossed -15- LRB9206202RCcdA 1 (a) No person shall engage in activity which involves 2 the use of a human somatic cell nucleus transfer technology 3 to produce a human embryo for the purpose of producing a 4 human clone. 5 (b) Sentence. A violation of this Section is a Class 4 6 felony. 7 (c) Definition. For purposes of this Section, "human 8 clone" means a human being created by transferring the 9 nucleus from a human cell from whatever source into a human 10 egg cell from which the nucleus has been removed for any 11 purpose regardless of whether or not the resulting product 12 could result in a human embryo, human fetus, or human being, 13 and regardless of whether or not it is intended to be 14 implanted into a person and may or may not result in a 15 pregnancy and a birth of a human being. For the purposes of 16 this Section, "clone" does not refer to duplicating or 17 replicating human DNA sequences, organs, tissues, or cells. 18 (d) Nothing in this Section shall be construed to 19 restrict or prohibit biomedical research using cloning 20 technology that is not expressly prohibited by this Section, 21 including the cloning of human genes, cells, and tissues. 22 (e) Repealed. This Section is repealed on January 1, 23 2007. 24 Section 999. Effective date. This Act takes effect upon 25 becoming law.
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