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Public Act 100-0429


 

Public Act 0429 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0429
 
SB1348 EnrolledLRB100 09271 SMS 19429 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.29 as follows:
 
    (5 ILCS 80/4.29)
    Sec. 4.29. Acts repealed on January 1, 2019 and December
31, 2019.
    (a) The following Act is repealed on January 1, 2019:
        The Environmental Health Practitioner Licensing Act.
    (b) The following Acts are Act is repealed on December 31,
2019:
        The Medical Practice Act of 1987.
        The Structural Pest Control Act.
(Source: P.A. 95-1020, eff. 12-29-08; 96-473, eff. 8-14-09.)
 
    (5 ILCS 80/4.27a rep.)
    Section 10. The Regulatory Sunset Act is amended by
repealing Section 4.27a.
 
    Section 15. The Medical Practice Act of 1987 is amended by
changing Sections 2, 22, 35, and 39 and by adding Section 2.5
as follows:
 
    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
    (Section scheduled to be repealed on December 31, 2017)
    Sec. 2. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
    "Act" means the Medical Practice Act of 1987.
    "Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
    "Chiropractic physician" means a person licensed to treat
human ailments without the use of drugs and without operative
surgery. Nothing in this Act shall be construed to prohibit a
chiropractic physician from providing advice regarding the use
of non-prescription products or from administering atmospheric
oxygen. Nothing in this Act shall be construed to authorize a
chiropractic physician to prescribe drugs.
    "Department" means the Department of Financial and
Professional Regulation.
    "Disciplinary action Action" means revocation, suspension,
probation, supervision, practice modification, reprimand,
required education, fines or any other action taken by the
Department against a person holding a license.
    "Disciplinary Board" means the Medical Disciplinary Board.
    "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
    "Final determination Determination" means the governing
body's final action taken under the procedure followed by a
health care institution, or professional association or
society, against any person licensed under the Act in
accordance with the bylaws or rules and regulations of such
health care institution, or professional association or
society.
    "Fund" means the Illinois State Medical Disciplinary Fund.
    "Impaired" means the inability to practice medicine with
reasonable skill and safety due to physical or mental
disabilities as evidenced by a written determination or written
consent based on clinical evidence including deterioration
through the aging process or loss of motor skill, or abuse of
drugs or alcohol, of sufficient degree to diminish a person's
ability to deliver competent patient care.
    "Licensing Board" means the Medical Licensing Board.
    "Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches or a
chiropractic physician.
    "Professional association Association" means an
association or society of persons licensed under this Act, and
operating within the State of Illinois, including but not
limited to, medical societies, osteopathic organizations, and
chiropractic organizations, but this term shall not be deemed
to include hospital medical staffs.
    "Program of care Care, counseling Counseling, or treatment
Treatment" means a written schedule of organized treatment,
care, counseling, activities, or education, satisfactory to
the Disciplinary Board, designed for the purpose of restoring
an impaired person to a condition whereby the impaired person
can practice medicine with reasonable skill and safety of a
sufficient degree to deliver competent patient care.
    "Reinstate" means to change the status of a license from
inactive or nonrenewed status to active status.
    "Restore" means to remove an encumbrance from a license due
to probation, suspension, or revocation.
    "Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 98-1140, eff. 12-30-14; 99-933, eff. 1-27-17.)
 
    (225 ILCS 60/2.5 new)
    Sec. 2.5. Address of record; email address of record. All
applicants and licensees shall:
        (1) provide a valid address and email address to the
    Department, which shall serve as the address of record and
    email address of record, respectively, at the time of
    application for licensure or renewal of a license; and
        (2) inform the Department of any change of address of
    record or email address of record within 14 days after such
    change either through the Department's website or by
    contacting the Department's licensure maintenance unit.
 
    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
    (Section scheduled to be repealed on December 31, 2017)
    Sec. 22. Disciplinary action.
    (A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act, including imposing fines not to exceed
$10,000 for each violation, upon any of the following grounds:
        (1) Performance of an elective abortion in any place,
    locale, facility, or institution other than:
            (a) a facility licensed pursuant to the Ambulatory
        Surgical Treatment Center Act;
            (b) an institution licensed under the Hospital
        Licensing Act;
            (c) an ambulatory surgical treatment center or
        hospitalization or care facility maintained by the
        State or any agency thereof, where such department or
        agency has authority under law to establish and enforce
        standards for the ambulatory surgical treatment
        centers, hospitalization, or care facilities under its
        management and control;
            (d) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by the
        Federal Government; or
            (e) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by any
        university or college established under the laws of
        this State and supported principally by public funds
        raised by taxation.
        (2) Performance of an abortion procedure in a willful
    wilful and wanton manner on a woman who was not pregnant at
    the time the abortion procedure was performed.
        (3) A plea of guilty or nolo contendere, finding of
    guilt, jury verdict, or entry of judgment or sentencing,
    including, but not limited to, convictions, preceding
    sentences of supervision, conditional discharge, or first
    offender probation, under the laws of any jurisdiction of
    the United States of any crime that is a felony.
        (4) Gross negligence in practice under this Act.
        (5) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public.
        (6) Obtaining any fee by fraud, deceit, or
    misrepresentation.
        (7) Habitual or excessive use or abuse of drugs defined
    in law as controlled substances, of alcohol, or of any
    other substances which results in the inability to practice
    with reasonable judgment, skill or safety.
        (8) Practicing under a false or, except as provided by
    law, an assumed name.
        (9) Fraud or misrepresentation in applying for, or
    procuring, a license under this Act or in connection with
    applying for renewal of a license under this Act.
        (10) Making a false or misleading statement regarding
    their skill or the efficacy or value of the medicine,
    treatment, or remedy prescribed by them at their direction
    in the treatment of any disease or other condition of the
    body or mind.
        (11) Allowing another person or organization to use
    their license, procured under this Act, to practice.
        (12) Adverse action taken by another state or
    jurisdiction against a license or other authorization to
    practice as a medical doctor, doctor of osteopathy, doctor
    of osteopathic medicine or doctor of chiropractic, a
    certified copy of the record of the action taken by the
    other state or jurisdiction being prima facie evidence
    thereof. This includes any adverse action taken by a State
    or federal agency that prohibits a medical doctor, doctor
    of osteopathy, doctor of osteopathic medicine, or doctor of
    chiropractic from providing services to the agency's
    participants.
        (13) Violation of any provision of this Act or of the
    Medical Practice Act prior to the repeal of that Act, or
    violation of the rules, or a final administrative action of
    the Secretary, after consideration of the recommendation
    of the Disciplinary Board.
        (14) Violation of the prohibition against fee
    splitting in Section 22.2 of this Act.
        (15) A finding by the Disciplinary Board that the
    registrant after having his or her license placed on
    probationary status or subjected to conditions or
    restrictions violated the terms of the probation or failed
    to comply with such terms or conditions.
        (16) Abandonment of a patient.
        (17) Prescribing, selling, administering,
    distributing, giving or self-administering any drug
    classified as a controlled substance (designated product)
    or narcotic for other than medically accepted therapeutic
    purposes.
        (18) Promotion of the sale of drugs, devices,
    appliances or goods provided for a patient in such manner
    as to exploit the patient for financial gain of the
    physician.
        (19) Offering, undertaking or agreeing to cure or treat
    disease by a secret method, procedure, treatment or
    medicine, or the treating, operating or prescribing for any
    human condition by a method, means or procedure which the
    licensee refuses to divulge upon demand of the Department.
        (20) Immoral conduct in the commission of any act
    including, but not limited to, commission of an act of
    sexual misconduct related to the licensee's practice.
        (21) Willfully Wilfully making or filing false records
    or reports in his or her practice as a physician,
    including, but not limited to, false records to support
    claims against the medical assistance program of the
    Department of Healthcare and Family Services (formerly
    Department of Public Aid) under the Illinois Public Aid
    Code.
        (22) Willful Wilful omission to file or record, or
    willfully wilfully impeding the filing or recording, or
    inducing another person to omit to file or record, medical
    reports as required by law, or willfully wilfully failing
    to report an instance of suspected abuse or neglect as
    required by law.
        (23) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act, and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (24) Solicitation of professional patronage by any
    corporation, agents or persons, or profiting from those
    representing themselves to be agents of the licensee.
        (25) Gross and willful wilful and continued
    overcharging for professional services, including filing
    false statements for collection of fees for which services
    are not rendered, including, but not limited to, filing
    such false statements for collection of monies for services
    not rendered from the medical assistance program of the
    Department of Healthcare and Family Services (formerly
    Department of Public Aid) under the Illinois Public Aid
    Code.
        (26) A pattern of practice or other behavior which
    demonstrates incapacity or incompetence to practice under
    this Act.
        (27) Mental illness or disability which results in the
    inability to practice under this Act with reasonable
    judgment, skill or safety.
        (28) Physical illness, including, but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in a physician's inability to practice
    under this Act with reasonable judgment, skill or safety.
        (29) Cheating on or attempt to subvert the licensing
    examinations administered under this Act.
        (30) Willfully Wilfully or negligently violating the
    confidentiality between physician and patient except as
    required by law.
        (31) The use of any false, fraudulent, or deceptive
    statement in any document connected with practice under
    this Act.
        (32) Aiding and abetting an individual not licensed
    under this Act in the practice of a profession licensed
    under this Act.
        (33) Violating state or federal laws or regulations
    relating to controlled substances, legend drugs, or
    ephedra as defined in the Ephedra Prohibition Act.
        (34) Failure to report to the Department any adverse
    final action taken against them by another licensing
    jurisdiction (any other state or any territory of the
    United States or any foreign state or country), by any peer
    review body, by any health care institution, by any
    professional society or association related to practice
    under this Act, by any governmental agency, by any law
    enforcement agency, or by any court for acts or conduct
    similar to acts or conduct which would constitute grounds
    for action as defined in this Section.
        (35) Failure to report to the Department surrender of a
    license or authorization to practice as a medical doctor, a
    doctor of osteopathy, a doctor of osteopathic medicine, or
    doctor of chiropractic in another state or jurisdiction, or
    surrender of membership on any medical staff or in any
    medical or professional association or society, while
    under disciplinary investigation by any of those
    authorities or bodies, for acts or conduct similar to acts
    or conduct which would constitute grounds for action as
    defined in this Section.
        (36) Failure to report to the Department any adverse
    judgment, settlement, or award arising from a liability
    claim related to acts or conduct similar to acts or conduct
    which would constitute grounds for action as defined in
    this Section.
        (37) Failure to provide copies of medical records as
    required by law.
        (38) Failure to furnish the Department, its
    investigators or representatives, relevant information,
    legally requested by the Department after consultation
    with the Chief Medical Coordinator or the Deputy Medical
    Coordinator.
        (39) Violating the Health Care Worker Self-Referral
    Act.
        (40) Willful failure to provide notice when notice is
    required under the Parental Notice of Abortion Act of 1995.
        (41) Failure to establish and maintain records of
    patient care and treatment as required by this law.
        (42) Entering into an excessive number of written
    collaborative agreements with licensed advanced practice
    nurses resulting in an inability to adequately
    collaborate.
        (43) Repeated failure to adequately collaborate with a
    licensed advanced practice nurse.
        (44) Violating the Compassionate Use of Medical
    Cannabis Pilot Program Act.
        (45) Entering into an excessive number of written
    collaborative agreements with licensed prescribing
    psychologists resulting in an inability to adequately
    collaborate.
        (46) Repeated failure to adequately collaborate with a
    licensed prescribing psychologist.
        (47) Willfully failing to report an instance of
    suspected abuse, neglect, financial exploitation, or
    self-neglect of an eligible adult as defined in and
    required by the Adult Protective Services Act.
        (48) Being named as an abuser in a verified report by
    the Department on Aging under the Adult Protective Services
    Act, and upon proof by clear and convincing evidence that
    the licensee abused, neglected, or financially exploited
    an eligible adult as defined in the Adult Protective
    Services Act.
    Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
    The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
    The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
    The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
        (a) when a person will be deemed sufficiently
    rehabilitated to warrant the public trust;
        (b) what constitutes dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public;
        (c) what constitutes immoral conduct in the commission
    of any act, including, but not limited to, commission of an
    act of sexual misconduct related to the licensee's
    practice; and
        (d) what constitutes gross negligence in the practice
    of medicine.
    However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
    In enforcing this Section, the Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing
Board, any individual who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board shall
specifically designate the examining physician licensed to
practice medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination and evaluation, or both, when
directed, shall result in an automatic suspension, without
hearing, until such time as the individual submits to the
examination. If the Disciplinary Board or Licensing Board finds
a physician unable to practice following an examination and
evaluation because of the reasons set forth in this Section,
the Disciplinary Board or Licensing Board shall require such
physician to submit to care, counseling, or treatment by
physicians, or other health care professionals, approved or
designated by the Disciplinary Board, as a condition for
issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions or restrictions who shall fail to comply with such
terms, conditions or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by the
Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have their license suspended
immediately, pending a hearing by the Disciplinary Board. In
instances in which the Secretary immediately suspends a license
under this Section, a hearing upon such person's license must
be convened by the Disciplinary Board within 15 days after such
suspension and completed without appreciable delay. The
Disciplinary Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
    The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
    All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
    (B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this subsection
B shall be prohibited from practicing medicine or treating
human ailments without the use of drugs and without operative
surgery.
    (C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine to
a physician based solely upon the recommendation of the
physician to an eligible patient regarding, or prescription
for, or treatment with, an investigational drug, biological
product, or device.
    (D) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
98-1140, eff. 12-30-14; 99-270, eff. 1-1-16; 99-933, eff.
1-27-17.)
 
    (225 ILCS 60/35)  (from Ch. 111, par. 4400-35)
    (Section scheduled to be repealed on December 31, 2017)
    Sec. 35. The Secretary shall have the authority to appoint
an attorney duly licensed to practice law in the State of
Illinois to serve as the hearing officer in any action to
suspend, revoke, place on probationary status, or take any
other disciplinary action with regard to a license. The hearing
officer shall have full authority to conduct the hearing. The
hearing officer shall report his findings and recommendations
to the Disciplinary Board or Licensing Board within 30 days of
the receipt of the record. The Disciplinary Board or Licensing
Board shall have 60 days from receipt of the report to review
the report of the hearing officer and present their findings of
fact, conclusions of law and recommendations to the Secretary.
(Source: P.A. 97-622, eff. 11-23-11.)
 
    (225 ILCS 60/39)  (from Ch. 111, par. 4400-39)
    (Section scheduled to be repealed on December 31, 2017)
    Sec. 39. Certified shorthand reporter; record
Stenographer; transcript. The Department, at its expense,
shall provide a certified shorthand reporter stenographer to
take down the testimony and preserve a record of all
proceedings at the hearing of any case wherein a license may be
revoked, suspended, placed on probationary status, or other
disciplinary action taken with regard thereto. The notice of
hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Licensing Board and
the orders of the Department constitute the record of the
proceedings. The Department shall furnish a copy transcript of
the record to any person interested in such hearing upon
payment of the fee required under Section 2105-115 of the
Department of Professional Regulation Law (20 ILCS
2105/2105-115). The Department may contract for court
reporting services, and, in the event it does so, the
Department shall provide the name and contact information for
the certified shorthand reporter who transcribed the testimony
at a hearing to any person interested, who may obtain a copy of
the record of any proceedings at a hearing upon payment of the
fee specified by the certified shorthand reporter. This charge
is in addition to any fee charged by the Department for
certifying the record.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    5 ILCS 80/4.37a new
    5 ILCS 80/4.27a rep.
    225 ILCS 60/2from Ch. 111, par. 4400-2
    225 ILCS 60/2.5 new
    225 ILCS 60/22from Ch. 111, par. 4400-22
    225 ILCS 60/35from Ch. 111, par. 4400-35
    225 ILCS 60/39from Ch. 111, par. 4400-39

Effective Date: 8/25/2017