Illinois General Assembly - Full Text of SB1496
Illinois General Assembly

Previous General Assemblies

Full Text of SB1496  98th General Assembly




SB1496 EnrolledLRB098 06227 MGM 36268 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.24 as follows:
6    (5 ILCS 80/4.24)
7    Sec. 4.24. Act Acts repealed on December 31 January 1,
82014. The following Act is Acts are repealed on December 31
9January 1, 2014:
10    The Medical Practice Act of 1987.
11(Source: P.A. 97-1139, eff. 12-28-12; 98-140, eff. 12-31-13;
1298-253, eff. 8-9-13; 98-254, eff. 8-9-13; 98-264, eff.
1312-31-13; 98-339, eff. 12-31-13; 98-363, eff. 8-16-13; 98-364,
14eff. 12-31-13; 98-445, eff. 12-31-13; revised 8-27-13.)
15    (5 ILCS 80/4.23 rep.)
16    Section 7. The Regulatory Sunset Act is amended by
17repealing Section 4.23.
18    Section 10. The Medical Practice Act of 1987 is amended by
19by adding Section 9.3 and changing Sections 22 and 23 as



SB1496 Enrolled- 2 -LRB098 06227 MGM 36268 b

1    (225 ILCS 60/9.3 new)
2    Sec. 9.3. Withdrawal of application. Any applicant
3applying for a license or permit under this Act may withdraw
4his or her application at any time. If an applicant withdraws
5his or her application after receipt of a written Notice of
6Intent to Deny License or Permit, then the withdrawal shall be
7reported to the Federation of State Medical Boards.
8    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
9    (Section scheduled to be repealed on December 31, 2013)
10    Sec. 22. Disciplinary action.
11    (A) The Department may revoke, suspend, place on probation,
12reprimand, refuse to issue or renew, or take any other
13disciplinary or non-disciplinary action as the Department may
14deem proper with regard to the license or permit of any person
15issued under this Act to practice medicine, or a chiropractic
16physician, including imposing fines not to exceed $10,000 for
17each violation, upon any of the following grounds:
18        (1) Performance of an elective abortion in any place,
19    locale, facility, or institution other than:
20            (a) a facility licensed pursuant to the Ambulatory
21        Surgical Treatment Center Act;
22            (b) an institution licensed under the Hospital
23        Licensing Act;
24            (c) an ambulatory surgical treatment center or
25        hospitalization or care facility maintained by the



SB1496 Enrolled- 3 -LRB098 06227 MGM 36268 b

1        State or any agency thereof, where such department or
2        agency has authority under law to establish and enforce
3        standards for the ambulatory surgical treatment
4        centers, hospitalization, or care facilities under its
5        management and control;
6            (d) ambulatory surgical treatment centers,
7        hospitalization or care facilities maintained by the
8        Federal Government; or
9            (e) ambulatory surgical treatment centers,
10        hospitalization or care facilities maintained by any
11        university or college established under the laws of
12        this State and supported principally by public funds
13        raised by taxation.
14        (2) Performance of an abortion procedure in a wilful
15    and wanton manner on a woman who was not pregnant at the
16    time the abortion procedure was performed.
17        (3) A plea of guilty or nolo contendere, finding of
18    guilt, jury verdict, or entry of judgment or sentencing,
19    including, but not limited to, convictions, preceding
20    sentences of supervision, conditional discharge, or first
21    offender probation, under the laws of any jurisdiction of
22    the United States of any crime that is a felony.
23        (4) Gross negligence in practice under this Act.
24        (5) Engaging in dishonorable, unethical or
25    unprofessional conduct of a character likely to deceive,
26    defraud or harm the public.



SB1496 Enrolled- 4 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 5 -LRB098 06227 MGM 36268 b

1    Medical Practice Act prior to the repeal of that Act, or
2    violation of the rules, or a final administrative action of
3    the Secretary, after consideration of the recommendation
4    of the Disciplinary Board.
5        (14) Violation of the prohibition against fee
6    splitting in Section 22.2 of this Act.
7        (15) A finding by the Disciplinary Board that the
8    registrant after having his or her license placed on
9    probationary status or subjected to conditions or
10    restrictions violated the terms of the probation or failed
11    to comply with such terms or conditions.
12        (16) Abandonment of a patient.
13        (17) Prescribing, selling, administering,
14    distributing, giving or self-administering any drug
15    classified as a controlled substance (designated product)
16    or narcotic for other than medically accepted therapeutic
17    purposes.
18        (18) Promotion of the sale of drugs, devices,
19    appliances or goods provided for a patient in such manner
20    as to exploit the patient for financial gain of the
21    physician.
22        (19) Offering, undertaking or agreeing to cure or treat
23    disease by a secret method, procedure, treatment or
24    medicine, or the treating, operating or prescribing for any
25    human condition by a method, means or procedure which the
26    licensee refuses to divulge upon demand of the Department.



SB1496 Enrolled- 6 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 7 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 8 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 9 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 10 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 11 -LRB098 06227 MGM 36268 b

1disciplinary action by the Department.
2    The entry of an order or judgment by any circuit court
3establishing that any person holding a license under this Act
4is a person in need of mental treatment operates as a
5suspension of that license. That person may resume their
6practice only upon the entry of a Departmental order based upon
7a finding by the Disciplinary Board that they have been
8determined to be recovered from mental illness by the court and
9upon the Disciplinary Board's recommendation that they be
10permitted to resume their practice.
11    The Department may refuse to issue or take disciplinary
12action concerning the license of any person who fails to file a
13return, or to pay the tax, penalty or interest shown in a filed
14return, or to pay any final assessment of tax, penalty or
15interest, as required by any tax Act administered by the
16Illinois Department of Revenue, until such time as the
17requirements of any such tax Act are satisfied as determined by
18the Illinois Department of Revenue.
19    The Department, upon the recommendation of the
20Disciplinary Board, shall adopt rules which set forth standards
21to be used in determining:
22        (a) when a person will be deemed sufficiently
23    rehabilitated to warrant the public trust;
24        (b) what constitutes dishonorable, unethical or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public;



SB1496 Enrolled- 12 -LRB098 06227 MGM 36268 b

1        (c) what constitutes immoral conduct in the commission
2    of any act, including, but not limited to, commission of an
3    act of sexual misconduct related to the licensee's
4    practice; and
5        (d) what constitutes gross negligence in the practice
6    of medicine.
7    However, no such rule shall be admissible into evidence in
8any civil action except for review of a licensing or other
9disciplinary action under this Act.
10    In enforcing this Section, the Disciplinary Board or the
11Licensing Board, upon a showing of a possible violation, may
12compel, in the case of the Disciplinary Board, any individual
13who is licensed to practice under this Act or holds a permit to
14practice under this Act, or, in the case of the Licensing
15Board, any individual who has applied for licensure or a permit
16pursuant to this Act, to submit to a mental or physical
17examination and evaluation, or both, which may include a
18substance abuse or sexual offender evaluation, as required by
19the Licensing Board or Disciplinary Board and at the expense of
20the Department. The Disciplinary Board or Licensing Board shall
21specifically designate the examining physician licensed to
22practice medicine in all of its branches or, if applicable, the
23multidisciplinary team involved in providing the mental or
24physical examination and evaluation, or both. The
25multidisciplinary team shall be led by a physician licensed to
26practice medicine in all of its branches and may consist of one



SB1496 Enrolled- 13 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 14 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 15 -LRB098 06227 MGM 36268 b

1counseling, or treatment, as determined by the Chief Medical
2Coordinator or Deputy Medical Coordinators, shall be referred
3to the Secretary for a determination as to whether the licensee
4shall have their license suspended immediately, pending a
5hearing by the Disciplinary Board. In instances in which the
6Secretary immediately suspends a license under this Section, a
7hearing upon such person's license must be convened by the
8Disciplinary Board within 15 days after such suspension and
9completed without appreciable delay. The Disciplinary Board
10shall have the authority to review the subject physician's
11record of treatment and counseling regarding the impairment, to
12the extent permitted by applicable federal statutes and
13regulations safeguarding the confidentiality of medical
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 Medical



SB1496 Enrolled- 16 -LRB098 06227 MGM 36268 b

1Disciplinary 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
17    (C) The Disciplinary Board shall recommend to the
18Department civil penalties and any other appropriate
19discipline in disciplinary cases when the Board finds that a
20physician willfully performed an abortion with actual
21knowledge that the person upon whom the abortion has been
22performed is a minor or an incompetent person without notice as
23required under the Parental Notice of Abortion Act of 1995.
24Upon the Board's recommendation, the Department shall impose,
25for the first violation, a civil penalty of $1,000 and for a
26second or subsequent violation, a civil penalty of $5,000.



SB1496 Enrolled- 17 -LRB098 06227 MGM 36268 b

1(Source: P.A. 96-608, eff. 8-24-09; 96-1000, eff. 7-2-10;
297-622, eff. 11-23-11.)
3    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
4    (Section scheduled to be repealed on December 31, 2013)
5    Sec. 23. Reports relating to professional conduct and
7    (A) Entities required to report.
8        (1) Health care institutions. The chief administrator
9    or executive officer of any health care institution
10    licensed by the Illinois Department of Public Health shall
11    report to the Disciplinary Board when any person's clinical
12    privileges are terminated or are restricted based on a
13    final determination made in accordance with that
14    institution's by-laws or rules and regulations that a
15    person has either committed an act or acts which may
16    directly threaten patient care or that a person may be
17    mentally or physically disabled in such a manner as to
18    endanger patients under that person's care. Such officer
19    also shall report if a person accepts voluntary termination
20    or restriction of clinical privileges in lieu of formal
21    action based upon conduct related directly to patient care
22    or in lieu of formal action seeking to determine whether a
23    person may be mentally or physically disabled in such a
24    manner as to endanger patients under that person's care.
25    The Disciplinary Board shall, by rule, provide for the



SB1496 Enrolled- 18 -LRB098 06227 MGM 36268 b

1    reporting to it by health care institutions of all
2    instances in which a person, licensed under this Act, who
3    is impaired by reason of age, drug or alcohol abuse or
4    physical or mental impairment, is under supervision and,
5    where appropriate, is in a program of rehabilitation. Such
6    reports shall be strictly confidential and may be reviewed
7    and considered only by the members of the Disciplinary
8    Board, or by authorized staff as provided by rules of the
9    Disciplinary Board. Provisions shall be made for the
10    periodic report of the status of any such person not less
11    than twice annually in order that the Disciplinary Board
12    shall have current information upon which to determine the
13    status of any such person. Such initial and periodic
14    reports of impaired physicians shall not be considered
15    records within the meaning of The State Records Act and
16    shall be disposed of, following a determination by the
17    Disciplinary Board that such reports are no longer
18    required, in a manner and at such time as the Disciplinary
19    Board shall determine by rule. The filing of such reports
20    shall be construed as the filing of a report for purposes
21    of subsection (C) of this Section.
22        (1.5) Clinical training programs. The program director
23    of any post-graduate clinical training program shall
24    report to the Disciplinary Board if a person engaged in a
25    post-graduate clinical training program at the
26    institution, including, but not limited to, a residency or



SB1496 Enrolled- 19 -LRB098 06227 MGM 36268 b

1    fellowship, separates from the program for any reason prior
2    to its conclusion. The program director shall provide all
3    documentation relating to the separation if, after review
4    of the report, the Disciplinary Board determines that a
5    review of those documents is necessary to determine whether
6    a violation of this Act occurred.
7        (2) Professional associations. The President or chief
8    executive officer of any association or society, of persons
9    licensed under this Act, operating within this State shall
10    report to the Disciplinary Board when the association or
11    society renders a final determination that a person has
12    committed unprofessional conduct related directly to
13    patient care or that a person may be mentally or physically
14    disabled in such a manner as to endanger patients under
15    that person's care.
16        (3) Professional liability insurers. Every insurance
17    company which offers policies of professional liability
18    insurance to persons licensed under this Act, or any other
19    entity which seeks to indemnify the professional liability
20    of a person licensed under this Act, shall report to the
21    Disciplinary Board the settlement of any claim or cause of
22    action, or final judgment rendered in any cause of action,
23    which alleged negligence in the furnishing of medical care
24    by such licensed person when such settlement or final
25    judgment is in favor of the plaintiff.
26        (4) State's Attorneys. The State's Attorney of each



SB1496 Enrolled- 20 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 21 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 22 -LRB098 06227 MGM 36268 b

2    When the Department has received written reports
3concerning incidents required to be reported in items (34),
4(35), and (36) of subsection (A) of Section 22, the licensee's
5failure to report the incident to the Department under those
6items shall not be the sole grounds for disciplinary action.
7    Nothing contained in this Section shall act to in any way,
8waive or modify the confidentiality of medical reports and
9committee reports to the extent provided by law. Any
10information reported or disclosed shall be kept for the
11confidential use of the Disciplinary Board, the Medical
12Coordinators, the Disciplinary Board's attorneys, the medical
13investigative staff, and authorized clerical staff, as
14provided in this Act, and shall be afforded the same status as
15is provided information concerning medical studies in Part 21
16of Article VIII of the Code of Civil Procedure, except that the
17Department may disclose information and documents to a federal,
18State, or local law enforcement agency pursuant to a subpoena
19in an ongoing criminal investigation or to a health care
20licensing body or medical licensing authority of this State or
21another state or jurisdiction pursuant to an official request
22made by that licensing body or medical licensing authority.
23Furthermore, information and documents disclosed to a federal,
24State, or local law enforcement agency may be used by that
25agency only for the investigation and prosecution of a criminal
26offense, or, in the case of disclosure to a health care



SB1496 Enrolled- 23 -LRB098 06227 MGM 36268 b

1licensing body or medical licensing authority, only for
2investigations and disciplinary action proceedings with regard
3to a license. Information and documents disclosed to the
4Department of Public Health may be used by that Department only
5for investigation and disciplinary action regarding the
6license of a health care institution licensed by the Department
7of Public Health.
8    (C) Immunity from prosecution. Any individual or
9organization acting in good faith, and not in a wilful and
10wanton manner, in complying with this Act by providing any
11report or other information to the Disciplinary Board or a peer
12review committee, or assisting in the investigation or
13preparation of such information, or by voluntarily reporting to
14the Disciplinary Board or a peer review committee information
15regarding alleged errors or negligence by a person licensed
16under this Act, or by participating in proceedings of the
17Disciplinary Board or a peer review committee, or by serving as
18a member of the Disciplinary Board or a peer review committee,
19shall not, as a result of such actions, be subject to criminal
20prosecution or civil damages.
21    (D) Indemnification. Members of the Disciplinary Board,
22the Licensing Board, the Medical Coordinators, the
23Disciplinary Board's attorneys, the medical investigative
24staff, physicians retained under contract to assist and advise
25the medical coordinators in the investigation, and authorized
26clerical staff shall be indemnified by the State for any



SB1496 Enrolled- 24 -LRB098 06227 MGM 36268 b

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



SB1496 Enrolled- 25 -LRB098 06227 MGM 36268 b

1the subject of the report. Such notification shall be made
2within 30 days of receipt by the Disciplinary Board of the
4    The notification shall include a written notice setting
5forth the person's right to examine the report. Included in
6such notification shall be the address at which the file is
7maintained, the name of the custodian of the reports, and the
8telephone number at which the custodian may be reached. The
9person who is the subject of the report shall submit a written
10statement responding, clarifying, adding to, or proposing the
11amending of the report previously filed. The person who is the
12subject of the report shall also submit with the written
13statement any medical records related to the report. The
14statement and accompanying medical records shall become a
15permanent part of the file and must be received by the
16Disciplinary Board no more than 30 days after the date on which
17the person was notified by the Disciplinary Board of the
18existence of the original report.
19    The Disciplinary Board shall review all reports received by
20it, together with any supporting information and responding
21statements submitted by persons who are the subject of reports.
22The review by the Disciplinary Board shall be in a timely
23manner but in no event, shall the Disciplinary Board's initial
24review of the material contained in each disciplinary file be
25less than 61 days nor more than 180 days after the receipt of
26the initial report by the Disciplinary Board.



SB1496 Enrolled- 26 -LRB098 06227 MGM 36268 b

1    When the Disciplinary Board makes its initial review of the
2materials contained within its disciplinary files, the
3Disciplinary Board shall, in writing, make a determination as
4to whether there are sufficient facts to warrant further
5investigation or action. Failure to make such determination
6within the time provided shall be deemed to be a determination
7that there are not sufficient facts to warrant further
8investigation or action.
9    Should the Disciplinary Board find that there are not
10sufficient facts to warrant further investigation, or action,
11the report shall be accepted for filing and the matter shall be
12deemed closed and so reported to the Secretary. The Secretary
13shall then have 30 days to accept the Disciplinary Board's
14decision or request further investigation. The Secretary shall
15inform the Board of the decision to request further
16investigation, including the specific reasons for the
17decision. The individual or entity filing the original report
18or complaint and the person who is the subject of the report or
19complaint shall be notified in writing by the Secretary of any
20final action on their report or complaint. The Department shall
21disclose to the individual or entity who filed the original
22report or complaint, on request, the status of the Disciplinary
23Board's review of a specific report or complaint. Such request
24may be made at any time, including prior to the Disciplinary
25Board's determination as to whether there are sufficient facts
26to warrant further investigation or action.



SB1496 Enrolled- 27 -LRB098 06227 MGM 36268 b

1    (F) Summary reports. The Disciplinary Board shall prepare,
2on a timely basis, but in no event less than once every other
3month, a summary report of final disciplinary actions taken
4upon disciplinary files maintained by the Disciplinary Board.
5The summary reports shall be made available to the public upon
6request and payment of the fees set by the Department. This
7publication may be made available to the public on the
8Department's website. Information or documentation relating to
9any disciplinary file that is closed without disciplinary
10action taken shall not be disclosed and shall be afforded the
11same status as is provided by Part 21 of Article VIII of the
12Code of Civil Procedure.
13    (G) Any violation of this Section shall be a Class A
15    (H) If any such person violates the provisions of this
16Section an action may be brought in the name of the People of
17the State of Illinois, through the Attorney General of the
18State of Illinois, for an order enjoining such violation or for
19an order enforcing compliance with this Section. Upon filing of
20a verified petition in such court, the court may issue a
21temporary restraining order without notice or bond and may
22preliminarily or permanently enjoin such violation, and if it
23is established that such person has violated or is violating
24the injunction, the court may punish the offender for contempt
25of court. Proceedings under this paragraph shall be in addition
26to, and not in lieu of, all other remedies and penalties



SB1496 Enrolled- 28 -LRB098 06227 MGM 36268 b

1provided for by this Section.
2(Source: P.A. 96-1372, eff. 7-29-10; P.A. 97-449, eff. 1-1-12;
397-622, eff. 11-23-11.)
4    Section 99. Effective date. This Act takes effect December
530, 2013.