Illinois General Assembly - Full Text of HB0077
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Full Text of HB0077  102nd General Assembly

HB0077 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0077

 

Introduced 1/14/2021, by Rep. Mary E. Flowers

 

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.


LRB102 03608 SPS 13621 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0077LRB102 03608 SPS 13621 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
6licensed under the Medical Practice Act of 1987 to practice
7medicine in all of its branches who prescribe psychotropic
8medications to youth for whom the Department is legally
9responsible.
10    (c) Provisions regarding the administration of
11psychotropic medications for youth for whom the Department is
12legally responsible and who are in psychiatric hospitals.
13    (d) Provisions concerning the emergency use of
14psychotropic medications, including appropriate and timely
15reporting.
16    (e) Provisions prohibiting the administration of
17psychotropic medications to persons for whom the Department is
18legally responsible as punishment for bad behavior, for the
19convenience of staff or caregivers, or as a substitute for
20adequate mental health care or other services.
21    (f) The creation of a committee to develop, post on a
22website, and periodically review materials listing which
23psychotropic medications are approved for use with youth for
24whom the Department has legal responsibility. The materials
25shall include guidelines for the use of psychotropic
26medications and may include the acceptable range of dosages,

 

 

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1contraindications, and time limits, if any, and such other
2topics necessary to ensure the safe and appropriate use of
3psychotropic medications.
4    (g) Provisions regarding the appointment, qualifications,
5and training of employees of the Department who are authorized
6to consent to the administration of psychotropic medications
7to youth for whom the Department has legal responsibility,
8including the scope of the authority of such persons.
9    (h) Provisions regarding training and materials for
10parents, foster parents, and relative caretakers concerning
11the rules governing the use of psychotropic medications with
12youth for whom the Department has legal responsibility.
13    (i) With respect to any youth under the age of 18 for whom
14the Department has legal responsibility and who does not
15assent to the administration of recommended psychotropic
16medication, provisions providing standards and procedures for
17reviewing the youth's concerns. With respect to any youth over
18the age of 18 for whom the Department has legal responsibility
19and who does not consent to the administration of recommended
20psychotropic medication, provisions providing standards and
21procedures for reviewing the youth's concerns upon the youth's
22request and with the youth's consent. Standards and procedures
23developed under this subsection shall not be inconsistent with
24the Mental Health and Developmental Disabilities Code.
25    (j) Provisions ensuring that, subject to all relevant
26confidentiality laws, service plans for youth for whom the

 

 

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1Department has legal responsibility include the following
2information:
3        (1) Identification by name and dosage of the
4    psychotropic medication known by the Department to have
5    been administered to the youth since the last service
6    plan.
7        (2) The benefits of the psychotropic medication.
8        (3) The negative side effects of the psychotropic
9    medication.
10(Source: P.A. 97-245, eff. 8-4-11.)
 
11    (20 ILCS 535/7 new)
12    Sec. 7. Annual reports on prescribing patterns.
13    (a) No later than December 31, 2021, and December 31 of
14each year thereafter, the Department shall prepare and submit
15an annual report, covering the previous fiscal year, to the
16General Assembly concerning the administration of psychotropic
17medication to youth for whom it is legally responsible. This
18report shall include, but is not limited to, pharmacy claims
19data for youth for whom the Department is legally responsible
20for each of the following:
21        (1) The total number of youths with approved requests
22    for psychotropic medication during the reporting period.
23        (2) The youth categorized by age groups 0 through 6, 7
24    through 12, or 13 through 17 and further categorized by
25    gender and the number and type of medication prescribed.

 

 

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1        (3) The number of physicians who have prescribed
2    psychotropic medication to youth for whom the Department
3    is legally responsible with consent of the guardian.
4        (4) The number of physicians who have prescribed
5    psychotropic medication to youth for whom the Department
6    is legally responsible without consent of the guardian.
7    Prior to the release of this data, personal identifiers,
8such as name, date of birth, address, and Social Security
9number, shall be removed and a unique identifier shall be
10submitted.
11    (b) For each youth who falls into one of the categories
12described in subsection (a), the Department shall maintain a
13record of the following information:
14        (1) a list of the psychotropic medications prescribed;
15        (2) the consent date for each psychotropic medication
16    prescribed;
17        (3) the prescriber's name and contact information;
18        (4) the youth's year of birth;
19        (5) the diagnoses received on each youth; and
20        (6) the youth's weight.
21    (c) The Department may contract for consulting services
22from, if available, a psychiatrist who has expertise and
23specializes in pediatric care for the purpose of reviewing the
24data provided to the General Assembly in subsection (a).
25    (d) Using information gathered from subsection (a), the
26Department shall analyze prescribing patterns by population

 

 

HB0077- 6 -LRB102 03608 SPS 13621 b

1for youth for whom it is legally responsible.
 
2    Section 10. The Medical Practice Act of 1987 is amended by
3changing Section 22 as follows:
 
4    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 22. Disciplinary action.
7    (A) The Department may revoke, suspend, place on
8probation, reprimand, refuse to issue or renew, or take any
9other disciplinary or non-disciplinary action as the
10Department may deem proper with regard to the license or
11permit of any person issued under this Act, including imposing
12fines not to exceed $10,000 for each violation, upon any of the
13following grounds:
14        (1) (Blank).
15        (2) (Blank).
16        (3) A plea of guilty or nolo contendere, finding of
17    guilt, jury verdict, or entry of judgment or sentencing,
18    including, but not limited to, convictions, preceding
19    sentences of supervision, conditional discharge, or first
20    offender probation, under the laws of any jurisdiction of
21    the United States of any crime that is a felony.
22        (4) Gross negligence in practice under this Act.
23        (5) Engaging in dishonorable, unethical, or
24    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud or harm the public.
2        (6) Obtaining any fee by fraud, deceit, or
3    misrepresentation.
4        (7) Habitual or excessive use or abuse of drugs
5    defined in law as controlled substances, of alcohol, or of
6    any other substances which results in the inability to
7    practice with reasonable judgment, skill, or safety.
8        (8) Practicing under a false or, except as provided by
9    law, an assumed name.
10        (9) Fraud or misrepresentation in applying for, or
11    procuring, a license under this Act or in connection with
12    applying for renewal of a license under this Act.
13        (10) Making a false or misleading statement regarding
14    their skill or the efficacy or value of the medicine,
15    treatment, or remedy prescribed by them at their direction
16    in the treatment of any disease or other condition of the
17    body or mind.
18        (11) Allowing another person or organization to use
19    their license, procured under this Act, to practice.
20        (12) Adverse action taken by another state or
21    jurisdiction against a license or other authorization to
22    practice as a medical doctor, doctor of osteopathy, doctor
23    of osteopathic medicine or doctor of chiropractic, a
24    certified copy of the record of the action taken by the
25    other state or jurisdiction being prima facie evidence
26    thereof. This includes any adverse action taken by a State

 

 

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1    or federal agency that prohibits a medical doctor, doctor
2    of osteopathy, doctor of osteopathic medicine, or doctor
3    of chiropractic from providing services to the agency's
4    participants.
5        (13) Violation of any provision of this Act or of the
6    Medical Practice Act prior to the repeal of that Act, or
7    violation of the rules, or a final administrative action
8    of the Secretary, after consideration of the
9    recommendation of the Disciplinary Board.
10        (14) Violation of the prohibition against fee
11    splitting in Section 22.2 of this Act.
12        (15) A finding by the Disciplinary Board that the
13    registrant after having his or her license placed on
14    probationary status or subjected to conditions or
15    restrictions violated the terms of the probation or failed
16    to comply with such terms or conditions.
17        (16) Abandonment of a patient.
18        (17) Prescribing, selling, administering,
19    distributing, giving, or self-administering any drug
20    classified as a controlled substance (designated product)
21    or narcotic for other than medically accepted therapeutic
22    purposes.
23        (18) Promotion of the sale of drugs, devices,
24    appliances, or goods provided for a patient in such manner
25    as to exploit the patient for financial gain of the
26    physician.

 

 

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1        (19) Offering, undertaking, or agreeing to cure or
2    treat disease by a secret method, procedure, treatment, or
3    medicine, or the treating, operating, or prescribing for
4    any human condition by a method, means, or procedure which
5    the licensee refuses to divulge upon demand of the
6    Department.
7        (20) Immoral conduct in the commission of any act
8    including, but not limited to, commission of an act of
9    sexual misconduct related to the licensee's practice.
10        (21) Willfully making or filing false records or
11    reports in his or her practice as a physician, including,
12    but not limited to, false records to support claims
13    against the medical assistance program of the Department
14    of Healthcare and Family Services (formerly Department of
15    Public Aid) under the Illinois Public Aid Code.
16        (22) Willful omission to file or record, or willfully
17    impeding the filing or recording, or inducing another
18    person to omit to file or record, medical reports as
19    required by law, or willfully failing to report an
20    instance of suspected abuse or neglect as required by law.
21        (23) Being named as a perpetrator in an indicated
22    report by the Department of Children and Family Services
23    under the Abused and Neglected Child Reporting Act, and
24    upon proof by clear and convincing evidence that the
25    licensee has caused a child to be an abused child or
26    neglected child as defined in the Abused and Neglected

 

 

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1    Child Reporting Act.
2        (24) Solicitation of professional patronage by any
3    corporation, agents or persons, or profiting from those
4    representing themselves to be agents of the licensee.
5        (25) Gross and willful and continued overcharging for
6    professional services, including filing false statements
7    for collection of fees for which services are not
8    rendered, including, but not limited to, filing such false
9    statements for collection of monies for services not
10    rendered from the medical assistance program of the
11    Department of Healthcare and Family Services (formerly
12    Department of Public Aid) under the Illinois Public Aid
13    Code.
14        (26) A pattern of practice or other behavior which
15    demonstrates incapacity or incompetence to practice under
16    this Act.
17        (27) Mental illness or disability which results in the
18    inability to practice under this Act with reasonable
19    judgment, skill, or safety.
20        (28) Physical illness, including, but not limited to,
21    deterioration through the aging process, or loss of motor
22    skill which results in a physician's inability to practice
23    under this Act with reasonable judgment, skill, or safety.
24        (29) Cheating on or attempt to subvert the licensing
25    examinations administered under this Act.
26        (30) Willfully or negligently violating the

 

 

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1    confidentiality between physician and patient except as
2    required by law.
3        (31) The use of any false, fraudulent, or deceptive
4    statement in any document connected with practice under
5    this Act.
6        (32) Aiding and abetting an individual not licensed
7    under this Act in the practice of a profession licensed
8    under this Act.
9        (33) Violating state or federal laws or regulations
10    relating to controlled substances, legend drugs, or
11    ephedra as defined in the Ephedra Prohibition Act.
12        (34) Failure to report to the Department any adverse
13    final action taken against them by another licensing
14    jurisdiction (any other state or any territory of the
15    United States or any foreign state or country), by any
16    peer review body, by any health care institution, by any
17    professional society or association related to practice
18    under this Act, by any governmental agency, by any law
19    enforcement agency, or by any court for acts or conduct
20    similar to acts or conduct which would constitute grounds
21    for action as defined in this Section.
22        (35) Failure to report to the Department surrender of
23    a license or authorization to practice as a medical
24    doctor, a doctor of osteopathy, a doctor of osteopathic
25    medicine, or doctor of chiropractic in another state or
26    jurisdiction, or surrender of membership on any medical

 

 

HB0077- 12 -LRB102 03608 SPS 13621 b

1    staff or in any medical or professional association or
2    society, while under disciplinary investigation by any of
3    those authorities or bodies, for acts or conduct similar
4    to acts or conduct which would constitute grounds for
5    action as defined in this Section.
6        (36) Failure to report to the Department any adverse
7    judgment, settlement, or award arising from a liability
8    claim related to acts or conduct similar to acts or
9    conduct which would constitute grounds for action as
10    defined in this Section.
11        (37) Failure to provide copies of medical records as
12    required by law.
13        (38) Failure to furnish the Department, its
14    investigators or representatives, relevant information,
15    legally requested by the Department after consultation
16    with the Chief Medical Coordinator or the Deputy Medical
17    Coordinator.
18        (39) Violating the Health Care Worker Self-Referral
19    Act.
20        (40) Willful failure to provide notice when notice is
21    required under the Parental Notice of Abortion Act of
22    1995.
23        (41) Failure to establish and maintain records of
24    patient care and treatment as required by this law.
25        (42) Entering into an excessive number of written
26    collaborative agreements with licensed advanced practice

 

 

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1    registered nurses resulting in an inability to adequately
2    collaborate.
3        (43) Repeated failure to adequately collaborate with a
4    licensed advanced practice registered nurse.
5        (44) Violating the Compassionate Use of Medical
6    Cannabis Program Act.
7        (45) Entering into an excessive number of written
8    collaborative agreements with licensed prescribing
9    psychologists resulting in an inability to adequately
10    collaborate.
11        (46) Repeated failure to adequately collaborate with a
12    licensed prescribing psychologist.
13        (47) Willfully failing to report an instance of
14    suspected abuse, neglect, financial exploitation, or
15    self-neglect of an eligible adult as defined in and
16    required by the Adult Protective Services Act.
17        (48) Being named as an abuser in a verified report by
18    the Department on Aging under the Adult Protective
19    Services Act, and upon proof by clear and convincing
20    evidence that the licensee abused, neglected, or
21    financially exploited an eligible adult as defined in the
22    Adult Protective Services Act.
23        (49) Entering into an excessive number of written
24    collaborative agreements with licensed physician
25    assistants resulting in an inability to adequately
26    collaborate.

 

 

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1        (50) Repeated failure to adequately collaborate with a
2    physician assistant.
3        (51) Repeated acts of clearly excessive prescribing,
4    furnishing, or administering psychotropic medications to a
5    minor without a good faith prior examination of the
6    patient and medical reason therefor.
7    Except for actions involving the ground numbered (26), all
8proceedings to suspend, revoke, place on probationary status,
9or take any other disciplinary action as the Department may
10deem proper, with regard to a license on any of the foregoing
11grounds, must be commenced within 5 years next after receipt
12by the Department of a complaint alleging the commission of or
13notice of the conviction order for any of the acts described
14herein. Except for the grounds numbered (8), (9), (26), and
15(29), no action shall be commenced more than 10 years after the
16date of the incident or act alleged to have violated this
17Section. For actions involving the ground numbered (26), a
18pattern of practice or other behavior includes all incidents
19alleged to be part of the pattern of practice or other behavior
20that occurred, or a report pursuant to Section 23 of this Act
21received, within the 10-year period preceding the filing of
22the complaint. In the event of the settlement of any claim or
23cause of action in favor of the claimant or the reduction to
24final judgment of any civil action in favor of the plaintiff,
25such claim, cause of action, or civil action being grounded on
26the allegation that a person licensed under this Act was

 

 

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1negligent in providing care, the Department shall have an
2additional period of 2 years from the date of notification to
3the Department under Section 23 of this Act of such settlement
4or final judgment in which to investigate and commence formal
5disciplinary proceedings under Section 36 of this Act, except
6as otherwise provided by law. The time during which the holder
7of the license was outside the State of Illinois shall not be
8included within any period of time limiting the commencement
9of disciplinary action by the Department.
10    The entry of an order or judgment by any circuit court
11establishing that any person holding a license under this Act
12is a person in need of mental treatment operates as a
13suspension of that license. That person may resume his or her
14their practice only upon the entry of a Departmental order
15based upon a finding by the Disciplinary Board that the person
16has they have been determined to be recovered from mental
17illness by the court and upon the Disciplinary Board's
18recommendation that the person they be permitted to resume his
19or her their practice.
20    The Department may refuse to issue or take disciplinary
21action concerning the license of any person who fails to file a
22return, or to pay the tax, penalty, or interest shown in a
23filed return, or to pay any final assessment of tax, penalty,
24or interest, as required by any tax Act administered by the
25Illinois Department of Revenue, until such time as the
26requirements of any such tax Act are satisfied as determined

 

 

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1by the Illinois Department of Revenue.
2    The Department, upon the recommendation of the
3Disciplinary Board, shall adopt rules which set forth
4standards to be used in determining:
5        (a) when a person will be deemed sufficiently
6    rehabilitated to warrant the public trust;
7        (b) what constitutes dishonorable, unethical, or
8    unprofessional conduct of a character likely to deceive,
9    defraud, or harm the public;
10        (c) what constitutes immoral conduct in the commission
11    of any act, including, but not limited to, commission of
12    an act of sexual misconduct related to the licensee's
13    practice; and
14        (d) what constitutes gross negligence in the practice
15    of medicine.
16    However, no such rule shall be admissible into evidence in
17any civil action except for review of a licensing or other
18disciplinary action under this Act.
19    In enforcing this Section, the Disciplinary Board or the
20Licensing Board, upon a showing of a possible violation, may
21compel, in the case of the Disciplinary Board, any individual
22who is licensed to practice under this Act or holds a permit to
23practice under this Act, or, in the case of the Licensing
24Board, any individual who has applied for licensure or a
25permit pursuant to this Act, to submit to a mental or physical
26examination and evaluation, or both, which may include a

 

 

HB0077- 17 -LRB102 03608 SPS 13621 b

1substance abuse or sexual offender evaluation, as required by
2the Licensing Board or Disciplinary Board and at the expense
3of the Department. The Disciplinary Board or Licensing Board
4shall specifically designate the examining physician licensed
5to practice medicine in all of its branches or, if applicable,
6the multidisciplinary team involved in providing the mental or
7physical examination and evaluation, or both. The
8multidisciplinary team shall be led by a physician licensed to
9practice medicine in all of its branches and may consist of one
10or more or a combination of physicians licensed to practice
11medicine in all of its branches, licensed chiropractic
12physicians, licensed clinical psychologists, licensed clinical
13social workers, licensed clinical professional counselors, and
14other professional and administrative staff. Any examining
15physician or member of the multidisciplinary team may require
16any person ordered to submit to an examination and evaluation
17pursuant to this Section to submit to any additional
18supplemental testing deemed necessary to complete any
19examination or evaluation process, including, but not limited
20to, blood testing, urinalysis, psychological testing, or
21neuropsychological testing. The Disciplinary Board, the
22Licensing Board, or the Department may order the examining
23physician or any member of the multidisciplinary team to
24provide to the Department, the Disciplinary Board, or the
25Licensing Board any and all records, including business
26records, that relate to the examination and evaluation,

 

 

HB0077- 18 -LRB102 03608 SPS 13621 b

1including any supplemental testing performed. The Disciplinary
2Board, the Licensing Board, or the Department may order the
3examining physician or any member of the multidisciplinary
4team to present testimony concerning this examination and
5evaluation of the licensee, permit holder, or applicant,
6including testimony concerning any supplemental testing or
7documents relating to the examination and evaluation. No
8information, report, record, or other documents in any way
9related to the examination and evaluation shall be excluded by
10reason of any common law or statutory privilege relating to
11communication between the licensee, permit holder, or
12applicant and the examining physician or any member of the
13multidisciplinary team. No authorization is necessary from the
14licensee, permit holder, or applicant ordered to undergo an
15evaluation and examination for the examining physician or any
16member of the multidisciplinary team to provide information,
17reports, records, or other documents or to provide any
18testimony regarding the examination and evaluation. The
19individual to be examined may have, at his or her own expense,
20another physician of his or her choice present during all
21aspects of the examination. Failure of any individual to
22submit to mental or physical examination and evaluation, or
23both, when directed, shall result in an automatic suspension,
24without hearing, until such time as the individual submits to
25the examination. If the Disciplinary Board or Licensing Board
26finds a physician unable to practice following an examination

 

 

HB0077- 19 -LRB102 03608 SPS 13621 b

1and evaluation because of the reasons set forth in this
2Section, the Disciplinary Board or Licensing Board shall
3require such physician to submit to care, counseling, or
4treatment by physicians, or other health care professionals,
5approved or designated by the Disciplinary Board, as a
6condition for issued, continued, reinstated, or renewed
7licensure to practice. Any physician, whose license was
8granted pursuant to Sections 9, 17, or 19 of this Act, or,
9continued, reinstated, renewed, disciplined or supervised,
10subject to such terms, conditions, or restrictions who shall
11fail to comply with such terms, conditions, or restrictions,
12or to complete a required program of care, counseling, or
13treatment, as determined by the Chief Medical Coordinator or
14Deputy Medical Coordinators, shall be referred to the
15Secretary for a determination as to whether the licensee shall
16have his or her their license suspended immediately, pending a
17hearing by the Disciplinary Board. In instances in which the
18Secretary immediately suspends a license under this Section, a
19hearing upon such person's license must be convened by the
20Disciplinary Board within 15 days after such suspension and
21completed without appreciable delay. The Disciplinary Board
22shall have the authority to review the subject physician's
23record of treatment and counseling regarding the impairment,
24to the extent permitted by applicable federal statutes and
25regulations safeguarding the confidentiality of medical
26records.

 

 

HB0077- 20 -LRB102 03608 SPS 13621 b

1    An individual licensed under this Act, affected under this
2Section, shall be afforded an opportunity to demonstrate to
3the Disciplinary Board that he or she they can resume practice
4in compliance with acceptable and prevailing standards under
5the provisions of his or her their license.
6    The Department may promulgate rules for the imposition of
7fines in disciplinary cases, not to exceed $10,000 for each
8violation of this Act. Fines may be imposed in conjunction
9with other forms of disciplinary action, but shall not be the
10exclusive disposition of any disciplinary action arising out
11of conduct resulting in death or injury to a patient. Any funds
12collected from such fines shall be deposited in the Illinois
13State Medical Disciplinary Fund.
14    All fines imposed under this Section shall be paid within
1560 days after the effective date of the order imposing the fine
16or in accordance with the terms set forth in the order imposing
17the fine.
18    (B) The Department shall revoke the license or permit
19issued under this Act to practice medicine or a chiropractic
20physician who has been convicted a second time of committing
21any felony under the Illinois Controlled Substances Act or the
22Methamphetamine Control and Community Protection Act, or who
23has been convicted a second time of committing a Class 1 felony
24under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
25person whose license or permit is revoked under this
26subsection B shall be prohibited from practicing medicine or

 

 

HB0077- 21 -LRB102 03608 SPS 13621 b

1treating human ailments without the use of drugs and without
2operative surgery.
3    (C) The Department shall not revoke, suspend, place on
4probation, reprimand, refuse to issue or renew, or take any
5other disciplinary or non-disciplinary action against the
6license or permit issued under this Act to practice medicine
7to a physician:
8        (1) based solely upon the recommendation of the
9    physician to an eligible patient regarding, or
10    prescription for, or treatment with, an investigational
11    drug, biological product, or device; or
12        (2) for experimental treatment for Lyme disease or
13    other tick-borne diseases, including, but not limited to,
14    the prescription of or treatment with long-term
15    antibiotics.
16    (D) The Disciplinary Board shall recommend to the
17Department civil penalties and any other appropriate
18discipline in disciplinary cases when the Board finds that a
19physician willfully performed an abortion with actual
20knowledge that the person upon whom the abortion has been
21performed is a minor or an incompetent person without notice
22as required under the Parental Notice of Abortion Act of 1995.
23Upon the Board's recommendation, the Department shall impose,
24for the first violation, a civil penalty of $1,000 and for a
25second or subsequent violation, a civil penalty of $5,000.
26(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;

 

 

HB0077- 22 -LRB102 03608 SPS 13621 b

1100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
21-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
3eff. 8-9-19; revised 9-20-19.)