101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2432

 

Introduced , by Rep. Mary E. Flowers - LaToya Greenwood

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 535/5
20 ILCS 535/7 new
225 ILCS 60/22  from Ch. 111, par. 4400-22

    Amends the Administration of Psychotropic Medications to Children Act. Provides that the Department of Children and Family Services shall adopt rules requiring the Department to distribute treatment guidelines on an annual basis to all persons licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches who prescribe psychotropic medications to youth for whom the Department is legally responsible. Provides that the Department shall prepare and submit an annual report to the General Assembly with specified information concerning the administration of psychotropic medication to youth for whom it is legally responsible. Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation 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 the Act upon repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason. Makes other changes.


LRB101 04708 JRG 49717 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2432LRB101 04708 JRG 49717 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Administration of Psychotropic Medications
5to Children Act is amended by changing Section 5 and by adding
6Section 7 as follows:
 
7    (20 ILCS 535/5)
8    Sec. 5. Administration of psychotropic medications. On or
9before October 1, 2011, the Department of Children and Family
10Services shall promulgate final rules, amending its current
11rules establishing and maintaining standards and procedures to
12govern the administration of psychotropic medications. Such
13amendments to its rules shall include, but are not limited to,
14the following:
15    (a) The role of the Department in the administration of
16psychotropic medications to youth for whom it is legally
17responsible and who are in facilities operated by the Illinois
18Department of Corrections or the Illinois Department of
19Juvenile Justice.
20    (b) Provisions regarding the administration of
21psychotropic medications for youth for whom the Department is
22legally responsible and who are in residential facilities,
23group homes, transitional living programs, or foster homes

 

 

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1where the youth is under the age of 18 or where the youth is 18
2or older and has provided the Department with appropriate
3consent.
4    (b-5) Provisions requiring the Department to distribute
5treatment guidelines on an annual basis to all persons licensed
6under the Medical Practice Act of 1987 to practice medicine in
7all of its branches who prescribe psychotropic medications to
8youth for whom the Department is legally responsible.
9    (c) Provisions regarding the administration of
10psychotropic medications for youth for whom the Department is
11legally responsible and who are in psychiatric hospitals.
12    (d) Provisions concerning the emergency use of
13psychotropic medications, including appropriate and timely
14reporting.
15    (e) Provisions prohibiting the administration of
16psychotropic medications to persons for whom the Department is
17legally responsible as punishment for bad behavior, for the
18convenience of staff or caregivers, or as a substitute for
19adequate mental health care or other services.
20    (f) The creation of a committee to develop, post on a
21website, and periodically review materials listing which
22psychotropic medications are approved for use with youth for
23whom the Department has legal responsibility. The materials
24shall include guidelines for the use of psychotropic
25medications and may include the acceptable range of dosages,
26contraindications, and time limits, if any, and such other

 

 

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1topics necessary to ensure the safe and appropriate use of
2psychotropic medications.
3    (g) Provisions regarding the appointment, qualifications,
4and training of employees of the Department who are authorized
5to consent to the administration of psychotropic medications to
6youth for whom the Department has legal responsibility,
7including the scope of the authority of such persons.
8    (h) Provisions regarding training and materials for
9parents, foster parents, and relative caretakers concerning
10the rules governing the use of psychotropic medications with
11youth for whom the Department has legal responsibility.
12    (i) With respect to any youth under the age of 18 for whom
13the Department has legal responsibility and who does not assent
14to the administration of recommended psychotropic medication,
15provisions providing standards and procedures for reviewing
16the youth's concerns. With respect to any youth over the age of
1718 for whom the Department has legal responsibility and who
18does not consent to the administration of recommended
19psychotropic medication, provisions providing standards and
20procedures for reviewing the youth's concerns upon the youth's
21request and with the youth's consent. Standards and procedures
22developed under this subsection shall not be inconsistent with
23the Mental Health and Developmental Disabilities Code.
24    (j) Provisions ensuring that, subject to all relevant
25confidentiality laws, service plans for youth for whom the
26Department has legal responsibility include the following

 

 

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1information:
2        (1) Identification by name and dosage of the
3    psychotropic medication known by the Department to have
4    been administered to the youth since the last service plan.
5        (2) The benefits of the psychotropic medication.
6        (3) The negative side effects of the psychotropic
7    medication.
8(Source: P.A. 97-245, eff. 8-4-11.)
 
9    (20 ILCS 535/7 new)
10    Sec. 7. Annual reports on prescribing patterns.
11    (a) No later than December 31, 2019, and December 31 of
12each year thereafter, the Department shall prepare and submit
13an annual report, covering the previous fiscal year, to the
14General Assembly concerning the administration of psychotropic
15medication to youth for whom it is legally responsible. This
16report shall include, but is not limited to, pharmacy claims
17data for youth for whom the Department is legally responsible
18for each of the following:
19        (1) The total number of youths with approved requests
20    for psychotropic medication during the reporting period.
21        (2) The youth categorized by age groups 0 through 6, 7
22    through 12, or 13 through 17 and further categorized by
23    gender and the number and type of medication prescribed.
24        (3) The number of physicians who have prescribed
25    psychotropic medication to youth for whom the Department is

 

 

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1    legally responsible with consent of the guardian.
2        (4) The number of physicians who have prescribed
3    psychotropic medication to youth for whom the Department is
4    legally responsible without consent of the guardian.
5    Prior to the release of this data, personal identifiers,
6such as name, date of birth, address, and Social Security
7number, shall be removed and a unique identifier shall be
8submitted.
9    (b) For each youth who falls into one of the categories
10described in subsection (a), the Department shall maintain a
11record of the following information:
12        (1) a list of the psychotropic medications prescribed;
13        (2) the consent date for each psychotropic medication
14    prescribed;
15        (3) the prescriber's name and contact information;
16        (4) the youth's year of birth;
17        (5) the diagnoses received on each youth; and
18        (6) the youth's weight.
19    (c) The Department may contract for consulting services
20from, if available, a psychiatrist who has expertise and
21specializes in pediatric care for the purpose of reviewing the
22data provided to the General Assembly in subsection (a).
23    (d) Using information gathered from subsection (a), the
24Department shall analyze prescribing patterns by population
25for youth for whom it is legally responsible.
 

 

 

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1    Section 10. The Medical Practice Act of 1987 is amended by
2changing Section 22 as follows:
 
3    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
4    (Section scheduled to be repealed on December 31, 2019)
5    Sec. 22. Disciplinary action.
6    (A) The Department may revoke, suspend, place on probation,
7reprimand, refuse to issue or renew, or take any other
8disciplinary or non-disciplinary action as the Department may
9deem proper with regard to the license or permit of any person
10issued under this Act, including imposing fines not to exceed
11$10,000 for each violation, upon any of the following grounds:
12        (1) Performance of an elective abortion in any place,
13    locale, facility, or institution other than:
14            (a) a facility licensed pursuant to the Ambulatory
15        Surgical Treatment Center Act;
16            (b) an institution licensed under the Hospital
17        Licensing Act;
18            (c) an ambulatory surgical treatment center or
19        hospitalization or care facility maintained by the
20        State or any agency thereof, where such department or
21        agency has authority under law to establish and enforce
22        standards for the ambulatory surgical treatment
23        centers, hospitalization, or care facilities under its
24        management and control;
25            (d) ambulatory surgical treatment centers,

 

 

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1        hospitalization or care facilities maintained by the
2        Federal Government; or
3            (e) ambulatory surgical treatment centers,
4        hospitalization or care facilities maintained by any
5        university or college established under the laws of
6        this State and supported principally by public funds
7        raised by taxation.
8        (2) Performance of an abortion procedure in a willful
9    and wanton manner on a woman who was not pregnant at the
10    time the abortion procedure was performed.
11        (3) A plea of guilty or nolo contendere, finding of
12    guilt, jury verdict, or entry of judgment or sentencing,
13    including, but not limited to, convictions, preceding
14    sentences of supervision, conditional discharge, or first
15    offender probation, under the laws of any jurisdiction of
16    the United States of any crime that is a felony.
17        (4) Gross negligence in practice under this Act.
18        (5) Engaging in dishonorable, unethical or
19    unprofessional conduct of a character likely to deceive,
20    defraud or harm the public.
21        (6) Obtaining any fee by fraud, deceit, or
22    misrepresentation.
23        (7) Habitual or excessive use or abuse of drugs defined
24    in law as controlled substances, of alcohol, or of any
25    other substances which results in the inability to practice
26    with reasonable judgment, skill or safety.

 

 

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1        (8) Practicing under a false or, except as provided by
2    law, an assumed name.
3        (9) Fraud or misrepresentation in applying for, or
4    procuring, a license under this Act or in connection with
5    applying for renewal of a license under this Act.
6        (10) Making a false or misleading statement regarding
7    their skill or the efficacy or value of the medicine,
8    treatment, or remedy prescribed by them at their direction
9    in the treatment of any disease or other condition of the
10    body or mind.
11        (11) Allowing another person or organization to use
12    their license, procured under this Act, to practice.
13        (12) Adverse action taken by another state or
14    jurisdiction against a license or other authorization to
15    practice as a medical doctor, doctor of osteopathy, doctor
16    of osteopathic medicine or doctor of chiropractic, a
17    certified copy of the record of the action taken by the
18    other state or jurisdiction being prima facie evidence
19    thereof. This includes any adverse action taken by a State
20    or federal agency that prohibits a medical doctor, doctor
21    of osteopathy, doctor of osteopathic medicine, or doctor of
22    chiropractic from providing services to the agency's
23    participants.
24        (13) Violation of any provision of this Act or of the
25    Medical Practice Act prior to the repeal of that Act, or
26    violation of the rules, or a final administrative action of

 

 

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1    the Secretary, after consideration of the recommendation
2    of the Disciplinary Board.
3        (14) Violation of the prohibition against fee
4    splitting in Section 22.2 of this Act.
5        (15) A finding by the Disciplinary Board that the
6    registrant after having his or her license placed on
7    probationary status or subjected to conditions or
8    restrictions violated the terms of the probation or failed
9    to comply with such terms or conditions.
10        (16) Abandonment of a patient.
11        (17) Prescribing, selling, administering,
12    distributing, giving or self-administering any drug
13    classified as a controlled substance (designated product)
14    or narcotic for other than medically accepted therapeutic
15    purposes.
16        (18) Promotion of the sale of drugs, devices,
17    appliances or goods provided for a patient in such manner
18    as to exploit the patient for financial gain of the
19    physician.
20        (19) Offering, undertaking or agreeing to cure or treat
21    disease by a secret method, procedure, treatment or
22    medicine, or the treating, operating or prescribing for any
23    human condition by a method, means or procedure which the
24    licensee refuses to divulge upon demand of the Department.
25        (20) Immoral conduct in the commission of any act
26    including, but not limited to, commission of an act of

 

 

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1    sexual misconduct related to the licensee's practice.
2        (21) Willfully making or filing false records or
3    reports in his or her practice as a physician, including,
4    but not limited to, false records to support claims against
5    the medical assistance program of the Department of
6    Healthcare and Family Services (formerly Department of
7    Public Aid) under the Illinois Public Aid Code.
8        (22) Willful omission to file or record, or willfully
9    impeding the filing or recording, or inducing another
10    person to omit to file or record, medical reports as
11    required by law, or willfully failing to report an instance
12    of suspected abuse or neglect as required by law.
13        (23) Being named as a perpetrator in an indicated
14    report by the Department of Children and Family Services
15    under the Abused and Neglected Child Reporting Act, and
16    upon proof by clear and convincing evidence that the
17    licensee has caused a child to be an abused child or
18    neglected child as defined in the Abused and Neglected
19    Child Reporting Act.
20        (24) Solicitation of professional patronage by any
21    corporation, agents or persons, or profiting from those
22    representing themselves to be agents of the licensee.
23        (25) Gross and willful and continued overcharging for
24    professional services, including filing false statements
25    for collection of fees for which services are not rendered,
26    including, but not limited to, filing such false statements

 

 

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1    for collection of monies for services not rendered from the
2    medical assistance program of the Department of Healthcare
3    and Family Services (formerly Department of Public Aid)
4    under the Illinois Public Aid Code.
5        (26) A pattern of practice or other behavior which
6    demonstrates incapacity or incompetence to practice under
7    this Act.
8        (27) Mental illness or disability which results in the
9    inability to practice under this Act with reasonable
10    judgment, skill or safety.
11        (28) Physical illness, including, but not limited to,
12    deterioration through the aging process, or loss of motor
13    skill which results in a physician's inability to practice
14    under this Act with reasonable judgment, skill or safety.
15        (29) Cheating on or attempt to subvert the licensing
16    examinations administered under this Act.
17        (30) Willfully or negligently violating the
18    confidentiality between physician and patient except as
19    required by law.
20        (31) The use of any false, fraudulent, or deceptive
21    statement in any document connected with practice under
22    this Act.
23        (32) Aiding and abetting an individual not licensed
24    under this Act in the practice of a profession licensed
25    under this Act.
26        (33) Violating state or federal laws or regulations

 

 

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1    relating to controlled substances, legend drugs, or
2    ephedra as defined in the Ephedra Prohibition Act.
3        (34) Failure to report to the Department any adverse
4    final action taken against them by another licensing
5    jurisdiction (any other state or any territory of the
6    United States or any foreign state or country), by any peer
7    review body, by any health care institution, by any
8    professional society or association related to practice
9    under this Act, by any governmental agency, by any law
10    enforcement agency, or by any court for acts or conduct
11    similar to acts or conduct which would constitute grounds
12    for action as defined in this Section.
13        (35) Failure to report to the Department surrender of a
14    license or authorization to practice as a medical doctor, a
15    doctor of osteopathy, a doctor of osteopathic medicine, or
16    doctor of chiropractic in another state or jurisdiction, or
17    surrender of membership on any medical staff or in any
18    medical or professional association or society, while
19    under disciplinary investigation by any of those
20    authorities or bodies, for acts or conduct similar to acts
21    or conduct which would constitute grounds for action as
22    defined in this Section.
23        (36) Failure to report to the Department any adverse
24    judgment, settlement, or award arising from a liability
25    claim related to acts or conduct similar to acts or conduct
26    which would constitute grounds for action as defined in

 

 

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1    this Section.
2        (37) Failure to provide copies of medical records as
3    required by law.
4        (38) Failure to furnish the Department, its
5    investigators or representatives, relevant information,
6    legally requested by the Department after consultation
7    with the Chief Medical Coordinator or the Deputy Medical
8    Coordinator.
9        (39) Violating the Health Care Worker Self-Referral
10    Act.
11        (40) Willful failure to provide notice when notice is
12    required under the Parental Notice of Abortion Act of 1995.
13        (41) Failure to establish and maintain records of
14    patient care and treatment as required by this law.
15        (42) Entering into an excessive number of written
16    collaborative agreements with licensed advanced practice
17    registered nurses resulting in an inability to adequately
18    collaborate.
19        (43) Repeated failure to adequately collaborate with a
20    licensed advanced practice registered nurse.
21        (44) Violating the Compassionate Use of Medical
22    Cannabis Pilot Program Act.
23        (45) Entering into an excessive number of written
24    collaborative agreements with licensed prescribing
25    psychologists resulting in an inability to adequately
26    collaborate.

 

 

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1        (46) Repeated failure to adequately collaborate with a
2    licensed prescribing psychologist.
3        (47) Willfully failing to report an instance of
4    suspected abuse, neglect, financial exploitation, or
5    self-neglect of an eligible adult as defined in and
6    required by the Adult Protective Services Act.
7        (48) Being named as an abuser in a verified report by
8    the Department on Aging under the Adult Protective Services
9    Act, and upon proof by clear and convincing evidence that
10    the licensee abused, neglected, or financially exploited
11    an eligible adult as defined in the Adult Protective
12    Services Act.
13        (49) Entering into an excessive number of written
14    collaborative agreements with licensed physician
15    assistants resulting in an inability to adequately
16    collaborate.
17        (50) Repeated failure to adequately collaborate with a
18    physician assistant.
19        (51) Repeated acts of clearly excessive prescribing,
20    furnishing, or administering psychotropic medications to a
21    minor without a good faith prior examination of the patient
22    and medical reason therefor.
23    Except for actions involving the ground numbered (26), all
24proceedings to suspend, revoke, place on probationary status,
25or take any other disciplinary action as the Department may
26deem proper, with regard to a license on any of the foregoing

 

 

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1grounds, must be commenced within 5 years next after receipt by
2the Department of a complaint alleging the commission of or
3notice of the conviction order for any of the acts described
4herein. Except for the grounds numbered (8), (9), (26), and
5(29), no action shall be commenced more than 10 years after the
6date of the incident or act alleged to have violated this
7Section. For actions involving the ground numbered (26), a
8pattern of practice or other behavior includes all incidents
9alleged to be part of the pattern of practice or other behavior
10that occurred, or a report pursuant to Section 23 of this Act
11received, within the 10-year period preceding the filing of the
12complaint. In the event of the settlement of any claim or cause
13of action in favor of the claimant or the reduction to final
14judgment of any civil action in favor of the plaintiff, such
15claim, cause of action or civil action being grounded on the
16allegation that a person licensed under this Act was negligent
17in providing care, the Department shall have an additional
18period of 2 years from the date of notification to the
19Department under Section 23 of this Act of such settlement or
20final judgment in which to investigate and commence formal
21disciplinary proceedings under Section 36 of this Act, except
22as otherwise provided by law. The time during which the holder
23of the license was outside the State of Illinois shall not be
24included within any period of time limiting the commencement of
25disciplinary action by the Department.
26    The entry of an order or judgment by any circuit court

 

 

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1establishing that any person holding a license under this Act
2is a person in need of mental treatment operates as a
3suspension of that license. That person may resume their
4practice only upon the entry of a Departmental order based upon
5a finding by the Disciplinary Board that they have been
6determined to be recovered from mental illness by the court and
7upon the Disciplinary Board's recommendation that they be
8permitted to resume their practice.
9    The Department may refuse to issue or take disciplinary
10action concerning the license of any person who fails to file a
11return, or to pay the tax, penalty or interest shown in a filed
12return, or to pay any final assessment of tax, penalty or
13interest, as required by any tax Act administered by the
14Illinois Department of Revenue, until such time as the
15requirements of any such tax Act are satisfied as determined by
16the Illinois Department of Revenue.
17    The Department, upon the recommendation of the
18Disciplinary Board, shall adopt rules which set forth standards
19to be used in determining:
20        (a) when a person will be deemed sufficiently
21    rehabilitated to warrant the public trust;
22        (b) what constitutes dishonorable, unethical or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public;
25        (c) what constitutes immoral conduct in the commission
26    of any act, including, but not limited to, commission of an

 

 

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1    act of sexual misconduct related to the licensee's
2    practice; and
3        (d) what constitutes gross negligence in the practice
4    of medicine.
5    However, no such rule shall be admissible into evidence in
6any civil action except for review of a licensing or other
7disciplinary action under this Act.
8    In enforcing this Section, the Disciplinary Board or the
9Licensing Board, upon a showing of a possible violation, may
10compel, in the case of the Disciplinary Board, any individual
11who is licensed to practice under this Act or holds a permit to
12practice under this Act, or, in the case of the Licensing
13Board, any individual who has applied for licensure or a permit
14pursuant to this Act, to submit to a mental or physical
15examination and evaluation, or both, which may include a
16substance abuse or sexual offender evaluation, as required by
17the Licensing Board or Disciplinary Board and at the expense of
18the Department. The Disciplinary Board or Licensing Board shall
19specifically designate the examining physician licensed to
20practice medicine in all of its branches or, if applicable, the
21multidisciplinary team involved in providing the mental or
22physical examination and evaluation, or both. The
23multidisciplinary team shall be led by a physician licensed to
24practice medicine in all of its branches and may consist of one
25or more or a combination of physicians licensed to practice
26medicine in all of its branches, licensed chiropractic

 

 

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1physicians, licensed clinical psychologists, licensed clinical
2social workers, licensed clinical professional counselors, and
3other professional and administrative staff. Any examining
4physician or member of the multidisciplinary team may require
5any person ordered to submit to an examination and evaluation
6pursuant to this Section to submit to any additional
7supplemental testing deemed necessary to complete any
8examination or evaluation process, including, but not limited
9to, blood testing, urinalysis, psychological testing, or
10neuropsychological testing. The Disciplinary Board, the
11Licensing Board, or the Department may order the examining
12physician or any member of the multidisciplinary team to
13provide to the Department, the Disciplinary Board, or the
14Licensing Board any and all records, including business
15records, that relate to the examination and evaluation,
16including any supplemental testing performed. The Disciplinary
17Board, the Licensing Board, or the Department may order the
18examining physician or any member of the multidisciplinary team
19to present testimony concerning this examination and
20evaluation of the licensee, permit holder, or applicant,
21including testimony concerning any supplemental testing or
22documents relating to the examination and evaluation. No
23information, report, record, or other documents in any way
24related to the examination and evaluation shall be excluded by
25reason of any common law or statutory privilege relating to
26communication between the licensee, permit holder, or

 

 

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1applicant and the examining physician or any member of the
2multidisciplinary team. No authorization is necessary from the
3licensee, permit holder, or applicant ordered to undergo an
4evaluation and examination for the examining physician or any
5member of the multidisciplinary team to provide information,
6reports, records, or other documents or to provide any
7testimony regarding the examination and evaluation. The
8individual to be examined may have, at his or her own expense,
9another physician of his or her choice present during all
10aspects of the examination. Failure of any individual to submit
11to mental or physical examination and evaluation, or both, when
12directed, shall result in an automatic suspension, without
13hearing, until such time as the individual submits to the
14examination. If the Disciplinary Board or Licensing Board finds
15a physician unable to practice following an examination and
16evaluation because of the reasons set forth in this Section,
17the Disciplinary Board or Licensing Board shall require such
18physician to submit to care, counseling, or treatment by
19physicians, or other health care professionals, approved or
20designated by the Disciplinary Board, as a condition for
21issued, continued, reinstated, or renewed licensure to
22practice. Any physician, whose license was granted pursuant to
23Sections 9, 17, or 19 of this Act, or, continued, reinstated,
24renewed, disciplined or supervised, subject to such terms,
25conditions or restrictions who shall fail to comply with such
26terms, conditions or restrictions, or to complete a required

 

 

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1program of care, counseling, or treatment, as determined by the
2Chief Medical Coordinator or Deputy Medical Coordinators,
3shall be referred to the Secretary for a determination as to
4whether the licensee shall have their license suspended
5immediately, pending a hearing by the Disciplinary Board. In
6instances in which the Secretary immediately suspends a license
7under this Section, a hearing upon such person's license must
8be convened by the Disciplinary Board within 15 days after such
9suspension and completed without appreciable delay. The
10Disciplinary Board shall have the authority to review the
11subject physician's record of treatment and counseling
12regarding the impairment, to the extent permitted by applicable
13federal statutes and regulations safeguarding the
14confidentiality of medical records.
15    An individual licensed under this Act, affected under this
16Section, shall be afforded an opportunity to demonstrate to the
17Disciplinary Board that they can resume practice in compliance
18with acceptable and prevailing standards under the provisions
19of their license.
20    The Department may promulgate rules for the imposition of
21fines in disciplinary cases, not to exceed $10,000 for each
22violation of this Act. Fines may be imposed in conjunction with
23other forms of disciplinary action, but shall not be the
24exclusive disposition of any disciplinary action arising out of
25conduct resulting in death or injury to a patient. Any funds
26collected from such fines shall be deposited in the Illinois

 

 

HB2432- 21 -LRB101 04708 JRG 49717 b

1State Medical Disciplinary Fund.
2    All fines imposed under this Section shall be paid within
360 days after the effective date of the order imposing the fine
4or in accordance with the terms set forth in the order imposing
5the fine.
6    (B) The Department shall revoke the license or permit
7issued under this Act to practice medicine or a chiropractic
8physician who has been convicted a second time of committing
9any felony under the Illinois Controlled Substances Act or the
10Methamphetamine Control and Community Protection Act, or who
11has been convicted a second time of committing a Class 1 felony
12under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
13person whose license or permit is revoked under this subsection
14B shall be prohibited from practicing medicine or treating
15human ailments without the use of drugs and without operative
16surgery.
17    (C) The Department shall not revoke, suspend, place on
18probation, reprimand, refuse to issue or renew, or take any
19other disciplinary or non-disciplinary action against the
20license or permit issued under this Act to practice medicine to
21a physician:
22        (1) based solely upon the recommendation of the
23    physician to an eligible patient regarding, or
24    prescription for, or treatment with, an investigational
25    drug, biological product, or device; or
26        (2) for experimental treatment for Lyme disease or

 

 

HB2432- 22 -LRB101 04708 JRG 49717 b

1    other tick-borne diseases, including, but not limited to,
2    the prescription of or treatment with long-term
3    antibiotics.
4    (D) The Disciplinary Board shall recommend to the
5Department civil penalties and any other appropriate
6discipline in disciplinary cases when the Board finds that a
7physician willfully performed an abortion with actual
8knowledge that the person upon whom the abortion has been
9performed is a minor or an incompetent person without notice as
10required under the Parental Notice of Abortion Act of 1995.
11Upon the Board's recommendation, the Department shall impose,
12for the first violation, a civil penalty of $1,000 and for a
13second or subsequent violation, a civil penalty of $5,000.
14(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
15100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
161-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
1712-19-18.)