97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1476

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 60/23  from Ch. 111, par. 4400-23
225 ILCS 60/36  from Ch. 111, par. 4400-36

    Amends the Medical Practice Act of 1987. Provides that upon any person's request, the Department of Financial and Professional Regulation shall disclose to the person the status of the Disciplinary Board's review of a specific report or complaint. Provides that the request may be made at any time, including prior to the Disciplinary Board's determination as to whether there are sufficient facts to warrant further investigation or action. Provides that the Department shall, at least 14 days prior to the date set for the hearing, notify in writing any person who filed a complaint against the accused of the time and place for the hearing of the charges against the accused before the Disciplinary Board and inform such person whether he or she may provide testimony at the hearing.


LRB097 06656 CEL 46742 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1476LRB097 06656 CEL 46742 b

1    AN ACT concerning professional regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Sections 23 and 36 as follows:
 
6    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
7    (Section scheduled to be repealed on November 30, 2011)
8    (Text of Section WITH the changes made by P.A. 94-677,
9which has been held unconstitutional, and by P.A. 96-1372,
10which amended language added by P.A. 94-677)
11    Sec. 23. Reports relating to professional conduct and
12capacity.
13    (A) Entities required to report.
14        (1) Health care institutions. The chief administrator
15    or executive officer of any health care institution
16    licensed by the Illinois Department of Public Health shall
17    report to the Disciplinary Board when any person's clinical
18    privileges are terminated or are restricted based on a
19    final determination, in accordance with that institution's
20    by-laws or rules and regulations, that a person has either
21    committed an act or acts which may directly threaten
22    patient care, and not of an administrative nature, or that
23    a person may be mentally or physically disabled in such a

 

 

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1    manner as to endanger patients under that person's care.
2    Such officer also shall report if a person accepts
3    voluntary termination or restriction of clinical
4    privileges in lieu of formal action based upon conduct
5    related directly to patient care and not of an
6    administrative nature, or in lieu of formal action seeking
7    to determine whether a person may be mentally or physically
8    disabled in such a manner as to endanger patients under
9    that person's care. The Medical Disciplinary Board shall,
10    by rule, provide for the reporting to it of all instances
11    in which a person, licensed under this Act, who is impaired
12    by reason of age, drug or alcohol abuse or physical or
13    mental impairment, is under supervision and, where
14    appropriate, is in a program of rehabilitation. Such
15    reports shall be strictly confidential and may be reviewed
16    and considered only by the members of the Disciplinary
17    Board, or by authorized staff as provided by rules of the
18    Disciplinary Board. Provisions shall be made for the
19    periodic report of the status of any such person not less
20    than twice annually in order that the Disciplinary Board
21    shall have current information upon which to determine the
22    status of any such person. Such initial and periodic
23    reports of impaired physicians shall not be considered
24    records within the meaning of The State Records Act and
25    shall be disposed of, following a determination by the
26    Disciplinary Board that such reports are no longer

 

 

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1    required, in a manner and at such time as the Disciplinary
2    Board shall determine by rule. The filing of such reports
3    shall be construed as the filing of a report for purposes
4    of subsection (C) of this Section.
5        (2) Professional associations. The President or chief
6    executive officer of any association or society, of persons
7    licensed under this Act, operating within this State shall
8    report to the Disciplinary Board when the association or
9    society renders a final determination that a person has
10    committed unprofessional conduct related directly to
11    patient care or that a person may be mentally or physically
12    disabled in such a manner as to endanger patients under
13    that person's care.
14        (3) Professional liability insurers. Every insurance
15    company which offers policies of professional liability
16    insurance to persons licensed under this Act, or any other
17    entity which seeks to indemnify the professional liability
18    of a person licensed under this Act, shall report to the
19    Disciplinary Board the settlement of any claim or cause of
20    action, or final judgment rendered in any cause of action,
21    which alleged negligence in the furnishing of medical care
22    by such licensed person when such settlement or final
23    judgment is in favor of the plaintiff.
24        (4) State's Attorneys. The State's Attorney of each
25    county shall report to the Disciplinary Board all instances
26    in which a person licensed under this Act is convicted or

 

 

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1    otherwise found guilty of the commission of any felony. The
2    State's Attorney of each county may report to the
3    Disciplinary Board through a verified complaint any
4    instance in which the State's Attorney believes that a
5    physician has willfully violated the notice requirements
6    of the Parental Notice of Abortion Act of 1995.
7        (5) State agencies. All agencies, boards, commissions,
8    departments, or other instrumentalities of the government
9    of the State of Illinois shall report to the Disciplinary
10    Board any instance arising in connection with the
11    operations of such agency, including the administration of
12    any law by such agency, in which a person licensed under
13    this Act has either committed an act or acts which may be a
14    violation of this Act or which may constitute
15    unprofessional conduct related directly to patient care or
16    which indicates that a person licensed under this Act may
17    be mentally or physically disabled in such a manner as to
18    endanger patients under that person's care.
19    (B) Mandatory reporting. All reports required by items
20(34), (35), and (36) of subsection (A) of Section 22 and by
21Section 23 shall be submitted to the Disciplinary Board in a
22timely fashion. The reports shall be filed in writing within 60
23days after a determination that a report is required under this
24Act. All reports shall contain the following information:
25        (1) The name, address and telephone number of the
26    person making the report.

 

 

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1        (2) The name, address and telephone number of the
2    person who is the subject of the report.
3        (3) The name and date of birth of any patient or
4    patients whose treatment is a subject of the report, if
5    available, or other means of identification if such
6    information is not available, identification of the
7    hospital or other healthcare facility where the care at
8    issue in the report was rendered, provided, however, no
9    medical records may be revealed.
10        (4) A brief description of the facts which gave rise to
11    the issuance of the report, including the dates of any
12    occurrences deemed to necessitate the filing of the report.
13        (5) If court action is involved, the identity of the
14    court in which the action is filed, along with the docket
15    number and date of filing of the action.
16        (6) Any further pertinent information which the
17    reporting party deems to be an aid in the evaluation of the
18    report.
19    The Disciplinary Board or Department may also exercise the
20power under Section 38 of this Act to subpoena copies of
21hospital or medical records in mandatory report cases alleging
22death or permanent bodily injury. Appropriate rules shall be
23adopted by the Department with the approval of the Disciplinary
24Board.
25    When the Department has received written reports
26concerning incidents required to be reported in items (34),

 

 

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1(35), and (36) of subsection (A) of Section 22, the licensee's
2failure to report the incident to the Department under those
3items shall not be the sole grounds for disciplinary action.
4    Nothing contained in this Section shall act to in any way,
5waive or modify the confidentiality of medical reports and
6committee reports to the extent provided by law. Any
7information reported or disclosed shall be kept for the
8confidential use of the Disciplinary Board, the Medical
9Coordinators, the Disciplinary Board's attorneys, the medical
10investigative staff, and authorized clerical staff, as
11provided in this Act, and shall be afforded the same status as
12is provided information concerning medical studies in Part 21
13of Article VIII of the Code of Civil Procedure, except that the
14Department may disclose information and documents to a federal,
15State, or local law enforcement agency pursuant to a subpoena
16in an ongoing criminal investigation or to a health care
17licensing body of this State or another state or jurisdiction
18pursuant to an official request made by that licensing body.
19Furthermore, information and documents disclosed to a federal,
20State, or local law enforcement agency may be used by that
21agency only for the investigation and prosecution of a criminal
22offense, or, in the case of disclosure to a health care
23licensing body, only for investigations and disciplinary
24action proceedings with regard to a license. Information and
25documents disclosed to the Department of Public Health may be
26used by that Department only for investigation and disciplinary

 

 

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1action regarding the license of a health care institution
2licensed by the Department of Public Health.
3    (C) Immunity from prosecution. Any individual or
4organization acting in good faith, and not in a wilful and
5wanton manner, in complying with this Act by providing any
6report or other information to the Disciplinary Board or a peer
7review committee, or assisting in the investigation or
8preparation of such information, or by voluntarily reporting to
9the Disciplinary Board or a peer review committee information
10regarding alleged errors or negligence by a person licensed
11under this Act, or by participating in proceedings of the
12Disciplinary Board or a peer review committee, or by serving as
13a member of the Disciplinary Board or a peer review committee,
14shall not, as a result of such actions, be subject to criminal
15prosecution or civil damages.
16    (D) Indemnification. Members of the Disciplinary Board,
17the Medical Coordinators, the Disciplinary Board's attorneys,
18the medical investigative staff, physicians retained under
19contract to assist and advise the medical coordinators in the
20investigation, and authorized clerical staff shall be
21indemnified by the State for any actions occurring within the
22scope of services on the Disciplinary Board, done in good faith
23and not wilful and wanton in nature. The Attorney General shall
24defend all such actions unless he or she determines either that
25there would be a conflict of interest in such representation or
26that the actions complained of were not in good faith or were

 

 

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1wilful and wanton.
2    Should the Attorney General decline representation, the
3member shall have the right to employ counsel of his or her
4choice, whose fees shall be provided by the State, after
5approval by the Attorney General, unless there is a
6determination by a court that the member's actions were not in
7good faith or were wilful and wanton.
8    The member must notify the Attorney General within 7 days
9of receipt of notice of the initiation of any action involving
10services of the Disciplinary Board. Failure to so notify the
11Attorney General shall constitute an absolute waiver of the
12right to a defense and indemnification.
13    The Attorney General shall determine within 7 days after
14receiving such notice, whether he or she will undertake to
15represent the member.
16    (E) Deliberations of Disciplinary Board. Upon the receipt
17of any report called for by this Act, other than those reports
18of impaired persons licensed under this Act required pursuant
19to the rules of the Disciplinary Board, the Disciplinary Board
20shall notify in writing, by certified mail, the person who is
21the subject of the report. Such notification shall be made
22within 30 days of receipt by the Disciplinary Board of the
23report.
24    The notification shall include a written notice setting
25forth the person's right to examine the report. Included in
26such notification shall be the address at which the file is

 

 

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1maintained, the name of the custodian of the reports, and the
2telephone number at which the custodian may be reached. The
3person who is the subject of the report shall submit a written
4statement responding, clarifying, adding to, or proposing the
5amending of the report previously filed. The person who is the
6subject of the report shall also submit with the written
7statement any medical records related to the report. The
8statement and accompanying medical records shall become a
9permanent part of the file and must be received by the
10Disciplinary Board no more than 30 days after the date on which
11the person was notified by the Disciplinary Board of the
12existence of the original report.
13    The Disciplinary Board shall review all reports received by
14it, together with any supporting information and responding
15statements submitted by persons who are the subject of reports.
16The review by the Disciplinary Board shall be in a timely
17manner but in no event, shall the Disciplinary Board's initial
18review of the material contained in each disciplinary file be
19less than 61 days nor more than 180 days after the receipt of
20the initial report by the Disciplinary Board.
21    When the Disciplinary Board makes its initial review of the
22materials contained within its disciplinary files, the
23Disciplinary Board shall, in writing, make a determination as
24to whether there are sufficient facts to warrant further
25investigation or action. Failure to make such determination
26within the time provided shall be deemed to be a determination

 

 

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1that there are not sufficient facts to warrant further
2investigation or action.
3    Should the Disciplinary Board find that there are not
4sufficient facts to warrant further investigation, or action,
5the report shall be accepted for filing and the matter shall be
6deemed closed and so reported to the Secretary. The Secretary
7shall then have 30 days to accept the Medical Disciplinary
8Board's decision or request further investigation. The
9Secretary shall inform the Board in writing of the decision to
10request further investigation, including the specific reasons
11for the decision. The individual or entity filing the original
12report or complaint and the person who is the subject of the
13report or complaint shall be notified in writing by the
14Secretary of any final action on their report or complaint.
15Upon any person's request, the Department shall disclose to the
16person the status of the Disciplinary Board's review of a
17specific report or complaint. Such request may be made at any
18time, including prior to the Disciplinary Board's
19determination as to whether there are sufficient facts to
20warrant further investigation or action.
21    (F) Summary reports. The Disciplinary Board shall prepare,
22on a timely basis, but in no event less than once every other
23month, a summary report of final actions taken upon
24disciplinary files maintained by the Disciplinary Board. The
25summary reports shall be made available to the public upon
26request and payment of the fees set by the Department. This

 

 

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1publication may be made available to the public on the
2Department's Internet website.
3    (G) Any violation of this Section shall be a Class A
4misdemeanor.
5    (H) If any such person violates the provisions of this
6Section an action may be brought in the name of the People of
7the State of Illinois, through the Attorney General of the
8State of Illinois, for an order enjoining such violation or for
9an order enforcing compliance with this Section. Upon filing of
10a verified petition in such court, the court may issue a
11temporary restraining order without notice or bond and may
12preliminarily or permanently enjoin such violation, and if it
13is established that such person has violated or is violating
14the injunction, the court may punish the offender for contempt
15of court. Proceedings under this paragraph shall be in addition
16to, and not in lieu of, all other remedies and penalties
17provided for by this Section.
18(Source: P.A. 94-677, eff. 8-25-05; 95-639, eff. 10-5-07;
1996-1372, eff. 7-29-10.)
 
20    (Text of Section WITHOUT the changes made by P.A. 94-677,
21which has been held unconstitutional, and by P.A. 96-1372,
22which amended language added by P.A. 94-677)
23    Sec. 23. Reports relating to professional conduct and
24capacity.
25    (A) Entities required to report.

 

 

HB1476- 12 -LRB097 06656 CEL 46742 b

1        (1) Health care institutions. The chief administrator
2    or executive officer of any health care institution
3    licensed by the Illinois Department of Public Health shall
4    report to the Disciplinary Board when any person's clinical
5    privileges are terminated or are restricted based on a
6    final determination, in accordance with that institution's
7    by-laws or rules and regulations, that a person has either
8    committed an act or acts which may directly threaten
9    patient care, and not of an administrative nature, or that
10    a person may be mentally or physically disabled in such a
11    manner as to endanger patients under that person's care.
12    Such officer also shall report if a person accepts
13    voluntary termination or restriction of clinical
14    privileges in lieu of formal action based upon conduct
15    related directly to patient care and not of an
16    administrative nature, or in lieu of formal action seeking
17    to determine whether a person may be mentally or physically
18    disabled in such a manner as to endanger patients under
19    that person's care. The Medical Disciplinary Board shall,
20    by rule, provide for the reporting to it of all instances
21    in which a person, licensed under this Act, who is impaired
22    by reason of age, drug or alcohol abuse or physical or
23    mental impairment, is under supervision and, where
24    appropriate, is in a program of rehabilitation. Such
25    reports shall be strictly confidential and may be reviewed
26    and considered only by the members of the Disciplinary

 

 

HB1476- 13 -LRB097 06656 CEL 46742 b

1    Board, or by authorized staff as provided by rules of the
2    Disciplinary Board. Provisions shall be made for the
3    periodic report of the status of any such person not less
4    than twice annually in order that the Disciplinary Board
5    shall have current information upon which to determine the
6    status of any such person. Such initial and periodic
7    reports of impaired physicians shall not be considered
8    records within the meaning of The State Records Act and
9    shall be disposed of, following a determination by the
10    Disciplinary Board that such reports are no longer
11    required, in a manner and at such time as the Disciplinary
12    Board shall determine by rule. The filing of such reports
13    shall be construed as the filing of a report for purposes
14    of subsection (C) of this Section.
15        (2) Professional associations. The President or chief
16    executive officer of any association or society, of persons
17    licensed under this Act, operating within this State shall
18    report to the Disciplinary Board when the association or
19    society renders a final determination that a person has
20    committed unprofessional conduct related directly to
21    patient care or that a person may be mentally or physically
22    disabled in such a manner as to endanger patients under
23    that person's care.
24        (3) Professional liability insurers. Every insurance
25    company which offers policies of professional liability
26    insurance to persons licensed under this Act, or any other

 

 

HB1476- 14 -LRB097 06656 CEL 46742 b

1    entity which seeks to indemnify the professional liability
2    of a person licensed under this Act, shall report to the
3    Disciplinary Board the settlement of any claim or cause of
4    action, or final judgment rendered in any cause of action,
5    which alleged negligence in the furnishing of medical care
6    by such licensed person when such settlement or final
7    judgment is in favor of the plaintiff.
8        (4) State's Attorneys. The State's Attorney of each
9    county shall report to the Disciplinary Board all instances
10    in which a person licensed under this Act is convicted or
11    otherwise found guilty of the commission of any felony. The
12    State's Attorney of each county may report to the
13    Disciplinary Board through a verified complaint any
14    instance in which the State's Attorney believes that a
15    physician has willfully violated the notice requirements
16    of the Parental Notice of Abortion Act of 1995.
17        (5) State agencies. All agencies, boards, commissions,
18    departments, or other instrumentalities of the government
19    of the State of Illinois shall report to the Disciplinary
20    Board any instance arising in connection with the
21    operations of such agency, including the administration of
22    any law by such agency, in which a person licensed under
23    this Act has either committed an act or acts which may be a
24    violation of this Act or which may constitute
25    unprofessional conduct related directly to patient care or
26    which indicates that a person licensed under this Act may

 

 

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1    be mentally or physically disabled in such a manner as to
2    endanger patients under that person's care.
3    (B) Mandatory reporting. All reports required by items
4(34), (35), and (36) of subsection (A) of Section 22 and by
5Section 23 shall be submitted to the Disciplinary Board in a
6timely fashion. The reports shall be filed in writing within 60
7days after a determination that a report is required under this
8Act. All reports shall contain the following information:
9        (1) The name, address and telephone number of the
10    person making the report.
11        (2) The name, address and telephone number of the
12    person who is the subject of the report.
13        (3) The name or other means of identification of any
14    patient or patients whose treatment is a subject of the
15    report, provided, however, no medical records may be
16    revealed without the written consent of the patient or
17    patients.
18        (4) A brief description of the facts which gave rise to
19    the issuance of the report, including the dates of any
20    occurrences deemed to necessitate the filing of the report.
21        (5) If court action is involved, the identity of the
22    court in which the action is filed, along with the docket
23    number and date of filing of the action.
24        (6) Any further pertinent information which the
25    reporting party deems to be an aid in the evaluation of the
26    report.

 

 

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1    The Department shall have the right to inform patients of
2the right to provide written consent for the Department to
3obtain copies of hospital and medical records. The Disciplinary
4Board or Department may exercise the power under Section 38 of
5this Act to subpoena copies of hospital or medical records in
6mandatory report cases alleging death or permanent bodily
7injury when consent to obtain records is not provided by a
8patient or legal representative. Appropriate rules shall be
9adopted by the Department with the approval of the Disciplinary
10Board.
11    When the Department has received written reports
12concerning incidents required to be reported in items (34),
13(35), and (36) of subsection (A) of Section 22, the licensee's
14failure to report the incident to the Department under those
15items shall not be the sole grounds for disciplinary action.
16    Nothing contained in this Section shall act to in any way,
17waive or modify the confidentiality of medical reports and
18committee reports to the extent provided by law. Any
19information reported or disclosed shall be kept for the
20confidential use of the Disciplinary Board, the Medical
21Coordinators, the Disciplinary Board's attorneys, the medical
22investigative staff, and authorized clerical staff, as
23provided in this Act, and shall be afforded the same status as
24is provided information concerning medical studies in Part 21
25of Article VIII of the Code of Civil Procedure.
26    (C) Immunity from prosecution. Any individual or

 

 

HB1476- 17 -LRB097 06656 CEL 46742 b

1organization acting in good faith, and not in a wilful and
2wanton manner, in complying with this Act by providing any
3report or other information to the Disciplinary Board, or
4assisting in the investigation or preparation of such
5information, or by participating in proceedings of the
6Disciplinary Board, or by serving as a member of the
7Disciplinary Board, shall not, as a result of such actions, be
8subject to criminal prosecution or civil damages.
9    (D) Indemnification. Members of the Disciplinary Board,
10the Medical Coordinators, the Disciplinary Board's attorneys,
11the medical investigative staff, physicians retained under
12contract to assist and advise the medical coordinators in the
13investigation, and authorized clerical staff shall be
14indemnified by the State for any actions occurring within the
15scope of services on the Disciplinary Board, done in good faith
16and not wilful and wanton in nature. The Attorney General shall
17defend all such actions unless he or she determines either that
18there would be a conflict of interest in such representation or
19that the actions complained of were not in good faith or were
20wilful and wanton.
21    Should the Attorney General decline representation, the
22member shall have the right to employ counsel of his or her
23choice, whose fees shall be provided by the State, after
24approval by the Attorney General, unless there is a
25determination by a court that the member's actions were not in
26good faith or were wilful and wanton.

 

 

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1    The member must notify the Attorney General within 7 days
2of receipt of notice of the initiation of any action involving
3services of the Disciplinary Board. Failure to so notify the
4Attorney General shall constitute an absolute waiver of the
5right to a defense and indemnification.
6    The Attorney General shall determine within 7 days after
7receiving such notice, whether he or she will undertake to
8represent the member.
9    (E) Deliberations of Disciplinary Board. Upon the receipt
10of any report called for by this Act, other than those reports
11of impaired persons licensed under this Act required pursuant
12to the rules of the Disciplinary Board, the Disciplinary Board
13shall notify in writing, by certified mail, the person who is
14the subject of the report. Such notification shall be made
15within 30 days of receipt by the Disciplinary Board of the
16report.
17    The notification shall include a written notice setting
18forth the person's right to examine the report. Included in
19such notification shall be the address at which the file is
20maintained, the name of the custodian of the reports, and the
21telephone number at which the custodian may be reached. The
22person who is the subject of the report shall submit a written
23statement responding, clarifying, adding to, or proposing the
24amending of the report previously filed. The statement shall
25become a permanent part of the file and must be received by the
26Disciplinary Board no more than 60 days after the date on which

 

 

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1the person was notified by the Disciplinary Board of the
2existence of the original report.
3    The Disciplinary Board shall review all reports received by
4it, together with any supporting information and responding
5statements submitted by persons who are the subject of reports.
6The review by the Disciplinary Board shall be in a timely
7manner but in no event, shall the Disciplinary Board's initial
8review of the material contained in each disciplinary file be
9less than 61 days nor more than 180 days after the receipt of
10the initial report by the Disciplinary Board.
11    When the Disciplinary Board makes its initial review of the
12materials contained within its disciplinary files, the
13Disciplinary Board shall, in writing, make a determination as
14to whether there are sufficient facts to warrant further
15investigation or action. Failure to make such determination
16within the time provided shall be deemed to be a determination
17that there are not sufficient facts to warrant further
18investigation or action.
19    Should the Disciplinary Board find that there are not
20sufficient facts to warrant further investigation, or action,
21the report shall be accepted for filing and the matter shall be
22deemed closed and so reported to the Director. The Director
23shall then have 30 days to accept the Medical Disciplinary
24Board's decision or request further investigation. The
25Director shall inform the Board in writing of the decision to
26request further investigation, including the specific reasons

 

 

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1for the decision. The individual or entity filing the original
2report or complaint and the person who is the subject of the
3report or complaint shall be notified in writing by the
4Director of any final action on their report or complaint. Upon
5any person's request, the Department shall disclose to the
6person the status of the Disciplinary Board's review of a
7specific report or complaint. Such request may be made at any
8time, including prior to the Disciplinary Board's
9determination as to whether there are sufficient facts to
10warrant further investigation or action.
11    (F) Summary reports. The Disciplinary Board shall prepare,
12on a timely basis, but in no event less than once every other
13month, a summary report of final actions taken upon
14disciplinary files maintained by the Disciplinary Board. The
15summary reports shall be made available to the public upon
16request and payment of the fees set by the Department. This
17publication may be made available to the public on the
18Department's Internet website.
19    (G) Any violation of this Section shall be a Class A
20misdemeanor.
21    (H) If any such person violates the provisions of this
22Section an action may be brought in the name of the People of
23the State of Illinois, through the Attorney General of the
24State of Illinois, for an order enjoining such violation or for
25an order enforcing compliance with this Section. Upon filing of
26a verified petition in such court, the court may issue a

 

 

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1temporary restraining order without notice or bond and may
2preliminarily or permanently enjoin such violation, and if it
3is established that such person has violated or is violating
4the injunction, the court may punish the offender for contempt
5of court. Proceedings under this paragraph shall be in addition
6to, and not in lieu of, all other remedies and penalties
7provided for by this Section.
8(Source: P.A. 95-639, eff. 10-5-07.)
 
9    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
10    (Section scheduled to be repealed on November 30, 2011)
11    (Text of Section WITH the changes made by P.A. 94-677,
12which has been held unconstitutional, and by P.A. 96-1372,
13which amended language added by P.A. 94-677)
14    Sec. 36. Upon the motion of either the Department or the
15Disciplinary Board or upon the verified complaint in writing of
16any person setting forth facts which, if proven, would
17constitute grounds for suspension or revocation under Section
1822 of this Act, the Department shall investigate the actions of
19any person, so accused, who holds or represents that they hold
20a license. Such person is hereinafter called the accused.
21    The Department shall, before suspending, revoking, placing
22on probationary status, or taking any other disciplinary action
23as the Department may deem proper with regard to any license at
24least 30 days prior to the date set for the hearing, notify the
25accused in writing of any charges made and the time and place

 

 

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1for a hearing of the charges before the Disciplinary Board,
2direct them to file their written answer thereto to the
3Disciplinary Board under oath within 20 days after the service
4on them of such notice and inform them that if they fail to
5file such answer default will be taken against them and their
6license may be suspended, revoked, placed on probationary
7status, or have other disciplinary action, including limiting
8the scope, nature or extent of their practice, as the
9Department may deem proper taken with regard thereto. The
10Department shall, at least 14 days prior to the date set for
11the hearing, notify in writing any person who filed a complaint
12against the accused of the time and place for the hearing of
13the charges against the accused before the Disciplinary Board
14and inform such person whether he or she may provide testimony
15at the hearing.
16    Where a physician has been found, upon complaint and
17investigation of the Department, and after hearing, to have
18performed an abortion procedure in a wilful and wanton manner
19upon a woman who was not pregnant at the time such abortion
20procedure was performed, the Department shall automatically
21revoke the license of such physician to practice medicine in
22Illinois.
23    Such written notice and any notice in such proceedings
24thereafter may be served by delivery of the same, personally,
25to the accused person, or by mailing the same by registered or
26certified mail to the address last theretofore specified by the

 

 

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1accused in their last notification to the Department.
2    All information gathered by the Department during its
3investigation including information subpoenaed under Section
423 or 38 of this Act and the investigative file shall be kept
5for the confidential use of the Secretary, Disciplinary Board,
6the Medical Coordinators, persons employed by contract to
7advise the Medical Coordinator or the Department, the
8Disciplinary Board's attorneys, the medical investigative
9staff, and authorized clerical staff, as provided in this Act
10and shall be afforded the same status as is provided
11information concerning medical studies in Part 21 of Article
12VIII of the Code of Civil Procedure, except that the Department
13may disclose information and documents to a federal, State, or
14local law enforcement agency pursuant to a subpoena in an
15ongoing criminal investigation to a health care licensing body
16of this State or another state or jurisdiction pursuant to an
17official request made by that licensing body. Furthermore,
18information and documents disclosed to a federal, State, or
19local law enforcement agency may be used by that agency only
20for the investigation and prosecution of a criminal offense or,
21in the case of disclosure to a health care licensing body, only
22for investigations and disciplinary action proceedings with
23regard to a license issued by that licensing body.
24(Source: P.A. 94-677, eff. 8-25-05; 96-1372, eff. 7-29-10.)
 
25    (Text of Section WITHOUT the changes made by P.A. 94-677,

 

 

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1which has been held unconstitutional, and by P.A. 96-1372,
2which amended language added by P.A. 94-677)
3    Sec. 36. Upon the motion of either the Department or the
4Disciplinary Board or upon the verified complaint in writing of
5any person setting forth facts which, if proven, would
6constitute grounds for suspension or revocation under Section
722 of this Act, the Department shall investigate the actions of
8any person, so accused, who holds or represents that they hold
9a license. Such person is hereinafter called the accused.
10    The Department shall, before suspending, revoking, placing
11on probationary status, or taking any other disciplinary action
12as the Department may deem proper with regard to any license at
13least 30 days prior to the date set for the hearing, notify the
14accused in writing of any charges made and the time and place
15for a hearing of the charges before the Disciplinary Board,
16direct them to file their written answer thereto to the
17Disciplinary Board under oath within 20 days after the service
18on them of such notice and inform them that if they fail to
19file such answer default will be taken against them and their
20license may be suspended, revoked, placed on probationary
21status, or have other disciplinary action, including limiting
22the scope, nature or extent of their practice, as the
23Department may deem proper taken with regard thereto. The
24Department shall, at least 14 days prior to the date set for
25the hearing, notify in writing any person who filed a complaint
26against the accused of the time and place for the hearing of

 

 

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1the charges against the accused before the Disciplinary Board
2and inform such person whether he or she may provide testimony
3at the hearing.
4    Where a physician has been found, upon complaint and
5investigation of the Department, and after hearing, to have
6performed an abortion procedure in a wilful and wanton manner
7upon a woman who was not pregnant at the time such abortion
8procedure was performed, the Department shall automatically
9revoke the license of such physician to practice medicine in
10Illinois.
11    Such written notice and any notice in such proceedings
12thereafter may be served by delivery of the same, personally,
13to the accused person, or by mailing the same by registered or
14certified mail to the address last theretofore specified by the
15accused in their last notification to the Department.
16    All information gathered by the Department during its
17investigation including information subpoenaed under Section
1823 or 38 of this Act and the investigative file shall be kept
19for the confidential use of the Director, Disciplinary Board,
20the Medical Coordinators, persons employed by contract to
21advise the Medical Coordinator or the Department, the
22Disciplinary Board's attorneys, the medical investigative
23staff, and authorized clerical staff, as provided in this Act
24and shall be afforded the same status as is provided
25information concerning medical studies in Part 21 of Article
26VIII of the Code of Civil Procedure.

 

 

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1(Source: P.A. 90-699, eff. 1-1-99.)