Illinois General Assembly - Full Text of HB1335
Illinois General Assembly

Previous General Assemblies

Full Text of HB1335  99th General Assembly




HB1335 EnrolledLRB099 08955 JLK 29128 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Right
5to Try Act.
6    Section 5. Findings. The General Assembly finds that the
7process of approval for investigational drugs, biological
8products, and devices in the United States often takes many
9years, and a patient with a terminal illness does not have the
10luxury of waiting until such drug, product, or device receives
11final approval from the United States Food and Drug
12Administration. As a result, the standards of the United States
13Food and Drug Administration for the use of investigational
14drugs, biological products, and devices may deny the benefits
15of potentially life-saving treatments to terminally ill
16patients. A patient with a terminal illness has a fundamental
17right to attempt to preserve his or her own life by accessing
18investigational drugs, biological products, and devices.
19Whether to use available investigational drugs, biological
20products, and devices is a decision that rightfully should be
21made by the patient with a terminal illness in consultation
22with his or her physician and is not a decision to be made by
23the government.



HB1335 Enrolled- 2 -LRB099 08955 JLK 29128 b

1    Section 10. Definitions. For the purposes of this Act:
2    "Accident and health insurer" has the meaning given to that
3term in Section 126.2 of the Illinois Insurance Code.
4    "Eligible patient" means a person who:
5        (1) has a terminal illness;
6        (2) has considered all other treatment options
7    approved by the United States Food and Drug Administration;
8        (3) has received a prescription or recommendation from
9    his or her physician for an investigational drug,
10    biological product, or device;
11        (4) has given his or her informed consent in writing
12    for the use of the investigational drug, biological
13    product, or device or, if he or she is a minor or lacks the
14    mental capacity to provide informed consent, a parent or
15    legal guardian has given informed consent on his or her
16    behalf; and
17        (5) has documentation from his or her physician
18    indicating that he or she has met the requirements of this
19    Act.
20    "Investigational drug, biological product, or device"
21means a drug, biological product, or device that has
22successfully completed Phase I of a clinical trial, but has not
23been approved for general use by the United States Food and
24Drug Administration.
25    "Phase I of a clinical trial" means the stage of a clinical



HB1335 Enrolled- 3 -LRB099 08955 JLK 29128 b

1trial where an investigational drug, biological product, or
2device has been tested in a small group for the first time to
3evaluate its safety, determine a safe dosage range, and
4identify side effects.
5    "Terminal illness" means a disease that, without
6life-sustaining measures, can reasonably be expected to result
7in death in 24 months or less.
8    Section 15. Availability of drugs, biological products,
9and devices.
10    (a) A manufacturer of an investigational drug, biological
11product, or device may make available such drug, product, or
12device to eligible patients. Nothing in this Act shall be
13construed to require a manufacturer to make available any drug,
14product, or device.
15    (b) A manufacturer may:
16        (1) provide an investigational drug, biological
17    product, or device to an eligible patient without receiving
18    compensation; or
19        (2) require an eligible patient to pay the costs of or
20    associated with the manufacture of the investigational
21    drug, biological product, or device.
22    Section 20. Insurance coverage. An accident and health
23insurer may choose to provide coverage for the cost of an
24investigational drug, biological product, or device. Nothing



HB1335 Enrolled- 4 -LRB099 08955 JLK 29128 b

1in this Act shall be construed to require an accident and
2health insurer to provide coverage for the cost of any
3investigational drug, biological product, or device.
4    Section 25. Penalty. Any official, employee, or agent of
5the State who blocks or attempts to block access by an eligible
6patient to an investigational drug, biological product, or
7device shall be guilty of a misdemeanor, punishable by a fine
8not to exceed $1,500.
9    Section 80. The Nursing Home Care Act is amended by
10changing Section 2-104 as follows:
11    (210 ILCS 45/2-104)  (from Ch. 111 1/2, par. 4152-104)
12    Sec. 2-104. (a) A resident shall be permitted to retain the
13services of his own personal physician at his own expense or
14under an individual or group plan of health insurance, or under
15any public or private assistance program providing such
16coverage. However, the facility is not liable for the
17negligence of any such personal physician. Every resident shall
18be permitted to obtain from his own physician or the physician
19attached to the facility complete and current information
20concerning his medical diagnosis, treatment and prognosis in
21terms and language the resident can reasonably be expected to
22understand. Every resident shall be permitted to participate in
23the planning of his total care and medical treatment to the



HB1335 Enrolled- 5 -LRB099 08955 JLK 29128 b

1extent that his condition permits. No resident shall be
2subjected to experimental research or treatment without first
3obtaining his informed, written consent. The conduct of any
4experimental research or treatment shall be authorized and
5monitored by an institutional review board appointed by the
6Director. The membership, operating procedures and review
7criteria for the institutional review board shall be prescribed
8under rules and regulations of the Department and shall comply
9with the requirements for institutional review boards
10established by the federal Food and Drug Administration. No
11person who has received compensation in the prior 3 years from
12an entity that manufactures, distributes, or sells
13pharmaceuticals, biologics, or medical devices may serve on the
14institutional review board.
15    The institutional review board may approve only research or
16treatment that meets the standards of the federal Food and Drug
17Administration with respect to (i) the protection of human
18subjects and (ii) financial disclosure by clinical
19investigators. The Office of State Long Term Care Ombudsman and
20the State Protection and Advocacy organization shall be given
21an opportunity to comment on any request for approval before
22the board makes a decision. Those entities shall not be
23provided information that would allow a potential human subject
24to be individually identified, unless the board asks the
25Ombudsman for help in securing information from or about the
26resident. The board shall require frequent reporting of the



HB1335 Enrolled- 6 -LRB099 08955 JLK 29128 b

1progress of the approved research or treatment and its impact
2on residents, including immediate reporting of any adverse
3impact to the resident, the resident's representative, the
4Office of the State Long Term Care Ombudsman, and the State
5Protection and Advocacy organization. The board may not approve
6any retrospective study of the records of any resident about
7the safety or efficacy of any care or treatment if the resident
8was under the care of the proposed researcher or a business
9associate when the care or treatment was given, unless the
10study is under the control of a researcher without any business
11relationship to any person or entity who could benefit from the
12findings of the study.
13    No facility shall permit experimental research or
14treatment to be conducted on a resident, or give access to any
15person or person's records for a retrospective study about the
16safety or efficacy of any care or treatment, without the prior
17written approval of the institutional review board. No nursing
18home administrator, or person licensed by the State to provide
19medical care or treatment to any person, may assist or
20participate in any experimental research on or treatment of a
21resident, including a retrospective study, that does not have
22the prior written approval of the board. Such conduct shall be
23grounds for professional discipline by the Department of
24Financial and Professional Regulation.
25    The institutional review board may exempt from ongoing
26review research or treatment initiated on a resident before the



HB1335 Enrolled- 7 -LRB099 08955 JLK 29128 b

1individual's admission to a facility and for which the board
2determines there is adequate ongoing oversight by another
3institutional review board. Nothing in this Section shall
4prevent a facility, any facility employee, or any other person
5from assisting or participating in any experimental research on
6or treatment of a resident, if the research or treatment began
7before the person's admission to a facility, until the board
8has reviewed the research or treatment and decided to grant or
9deny approval or to exempt the research or treatment from
10ongoing review.
11    The institutional review board requirements of this
12subsection (a) do not apply to investigational drugs,
13biological products, or devices used by a resident with a
14terminal illness as set forth in the Right to Try Act.
15    (b) All medical treatment and procedures shall be
16administered as ordered by a physician. All new physician
17orders shall be reviewed by the facility's director of nursing
18or charge nurse designee within 24 hours after such orders have
19been issued to assure facility compliance with such orders.
20    All physician's orders and plans of treatment shall have
21the authentication of the physician. For the purposes of this
22subsection (b), "authentication" means an original written
23signature or an electronic signature system that allows for the
24verification of a signer's credentials. A stamp signature, with
25or without initials, is not sufficient.
26    According to rules adopted by the Department, every woman



HB1335 Enrolled- 8 -LRB099 08955 JLK 29128 b

1resident of child-bearing age shall receive routine
2obstetrical and gynecological evaluations as well as necessary
3prenatal care.
4    (c) Every resident shall be permitted to refuse medical
5treatment and to know the consequences of such action, unless
6such refusal would be harmful to the health and safety of
7others and such harm is documented by a physician in the
8resident's clinical record. The resident's refusal shall free
9the facility from the obligation to provide the treatment.
10    (d) Every resident, resident's guardian, or parent if the
11resident is a minor shall be permitted to inspect and copy all
12his clinical and other records concerning his care and
13maintenance kept by the facility or by his physician. The
14facility may charge a reasonable fee for duplication of a
16(Source: P.A. 96-1372, eff. 7-29-10; 97-179, eff. 1-1-12.)
17    Section 90. The Medical Practice Act of 1987 is amended by
18changing Section 22 as follows:
19    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
20    (Section scheduled to be repealed on December 31, 2015)
21    Sec. 22. Disciplinary action.
22    (A) The Department may revoke, suspend, place on probation,
23reprimand, refuse to issue or renew, or take any other
24disciplinary or non-disciplinary action as the Department may



HB1335 Enrolled- 9 -LRB099 08955 JLK 29128 b

1deem proper with regard to the license or permit of any person
2issued under this Act, including imposing fines not to exceed
3$10,000 for each violation, upon any of the following grounds:
4        (1) Performance of an elective abortion in any place,
5    locale, facility, or institution other than:
6            (a) a facility licensed pursuant to the Ambulatory
7        Surgical Treatment Center Act;
8            (b) an institution licensed under the Hospital
9        Licensing Act;
10            (c) an ambulatory surgical treatment center or
11        hospitalization or care facility maintained by the
12        State or any agency thereof, where such department or
13        agency has authority under law to establish and enforce
14        standards for the ambulatory surgical treatment
15        centers, hospitalization, or care facilities under its
16        management and control;
17            (d) ambulatory surgical treatment centers,
18        hospitalization or care facilities maintained by the
19        Federal Government; or
20            (e) ambulatory surgical treatment centers,
21        hospitalization or care facilities maintained by any
22        university or college established under the laws of
23        this State and supported principally by public funds
24        raised by taxation.
25        (2) Performance of an abortion procedure in a wilful
26    and wanton manner on a woman who was not pregnant at the



HB1335 Enrolled- 10 -LRB099 08955 JLK 29128 b

1    time the abortion procedure was performed.
2        (3) A plea of guilty or nolo contendere, finding of
3    guilt, jury verdict, or entry of judgment or sentencing,
4    including, but not limited to, convictions, preceding
5    sentences of supervision, conditional discharge, or first
6    offender probation, under the laws of any jurisdiction of
7    the United States of any crime that is a felony.
8        (4) Gross negligence in practice under this Act.
9        (5) Engaging in dishonorable, unethical or
10    unprofessional conduct of a character likely to deceive,
11    defraud or harm the public.
12        (6) Obtaining any fee by fraud, deceit, or
13    misrepresentation.
14        (7) Habitual or excessive use or abuse of drugs defined
15    in law as controlled substances, of alcohol, or of any
16    other substances which results in the inability to practice
17    with reasonable judgment, skill or safety.
18        (8) Practicing under a false or, except as provided by
19    law, an assumed name.
20        (9) Fraud or misrepresentation in applying for, or
21    procuring, a license under this Act or in connection with
22    applying for renewal of a license under this Act.
23        (10) Making a false or misleading statement regarding
24    their skill or the efficacy or value of the medicine,
25    treatment, or remedy prescribed by them at their direction
26    in the treatment of any disease or other condition of the



HB1335 Enrolled- 11 -LRB099 08955 JLK 29128 b

1    body or mind.
2        (11) Allowing another person or organization to use
3    their license, procured under this Act, to practice.
4        (12) Adverse action taken by another state or
5    jurisdiction against a license or other authorization to
6    practice as a medical doctor, doctor of osteopathy, doctor
7    of osteopathic medicine or doctor of chiropractic, a
8    certified copy of the record of the action taken by the
9    other state or jurisdiction being prima facie evidence
10    thereof. This includes any adverse action taken by a State
11    or federal agency that prohibits a medical doctor, doctor
12    of osteopathy, doctor of osteopathic medicine, or doctor of
13    chiropractic from providing services to the agency's
14    participants.
15        (13) Violation of any provision of this Act or of the
16    Medical Practice Act prior to the repeal of that Act, or
17    violation of the rules, or a final administrative action of
18    the Secretary, after consideration of the recommendation
19    of the Disciplinary Board.
20        (14) Violation of the prohibition against fee
21    splitting in Section 22.2 of this Act.
22        (15) A finding by the Disciplinary Board that the
23    registrant after having his or her license placed on
24    probationary status or subjected to conditions or
25    restrictions violated the terms of the probation or failed
26    to comply with such terms or conditions.



HB1335 Enrolled- 12 -LRB099 08955 JLK 29128 b

1        (16) Abandonment of a patient.
2        (17) Prescribing, selling, administering,
3    distributing, giving or self-administering any drug
4    classified as a controlled substance (designated product)
5    or narcotic for other than medically accepted therapeutic
6    purposes.
7        (18) Promotion of the sale of drugs, devices,
8    appliances or goods provided for a patient in such manner
9    as to exploit the patient for financial gain of the
10    physician.
11        (19) Offering, undertaking or agreeing to cure or treat
12    disease by a secret method, procedure, treatment or
13    medicine, or the treating, operating or prescribing for any
14    human condition by a method, means or procedure which the
15    licensee refuses to divulge upon demand of the Department.
16        (20) Immoral conduct in the commission of any act
17    including, but not limited to, commission of an act of
18    sexual misconduct related to the licensee's practice.
19        (21) Wilfully making or filing false records or reports
20    in his or her practice as a physician, including, but not
21    limited to, false records to support claims against the
22    medical assistance program of the Department of Healthcare
23    and Family Services (formerly Department of Public Aid)
24    under the Illinois Public Aid Code.
25        (22) Wilful omission to file or record, or wilfully
26    impeding the filing or recording, or inducing another



HB1335 Enrolled- 13 -LRB099 08955 JLK 29128 b

1    person to omit to file or record, medical reports as
2    required by law, or wilfully failing to report an instance
3    of suspected abuse or neglect as required by law.
4        (23) Being named as a perpetrator in an indicated
5    report by the Department of Children and Family Services
6    under the Abused and Neglected Child Reporting Act, and
7    upon proof by clear and convincing evidence that the
8    licensee has caused a child to be an abused child or
9    neglected child as defined in the Abused and Neglected
10    Child Reporting Act.
11        (24) Solicitation of professional patronage by any
12    corporation, agents or persons, or profiting from those
13    representing themselves to be agents of the licensee.
14        (25) Gross and wilful and continued overcharging for
15    professional services, including filing false statements
16    for collection of fees for which services are not rendered,
17    including, but not limited to, filing such false statements
18    for collection of monies for services not rendered from the
19    medical assistance program of the Department of Healthcare
20    and Family Services (formerly Department of Public Aid)
21    under the Illinois Public Aid Code.
22        (26) A pattern of practice or other behavior which
23    demonstrates incapacity or incompetence to practice under
24    this Act.
25        (27) Mental illness or disability which results in the
26    inability to practice under this Act with reasonable



HB1335 Enrolled- 14 -LRB099 08955 JLK 29128 b

1    judgment, skill or safety.
2        (28) Physical illness, including, but not limited to,
3    deterioration through the aging process, or loss of motor
4    skill which results in a physician's inability to practice
5    under this Act with reasonable judgment, skill or safety.
6        (29) Cheating on or attempt to subvert the licensing
7    examinations administered under this Act.
8        (30) Wilfully or negligently violating the
9    confidentiality between physician and patient except as
10    required by law.
11        (31) The use of any false, fraudulent, or deceptive
12    statement in any document connected with practice under
13    this Act.
14        (32) Aiding and abetting an individual not licensed
15    under this Act in the practice of a profession licensed
16    under this Act.
17        (33) Violating state or federal laws or regulations
18    relating to controlled substances, legend drugs, or
19    ephedra as defined in the Ephedra Prohibition Act.
20        (34) Failure to report to the Department any adverse
21    final action taken against them by another licensing
22    jurisdiction (any other state or any territory of the
23    United States or any foreign state or country), by any peer
24    review body, by any health care institution, by any
25    professional society or association related to practice
26    under this Act, by any governmental agency, by any law



HB1335 Enrolled- 15 -LRB099 08955 JLK 29128 b

1    enforcement agency, or by any court for acts or conduct
2    similar to acts or conduct which would constitute grounds
3    for action as defined in this Section.
4        (35) Failure to report to the Department surrender of a
5    license or authorization to practice as a medical doctor, a
6    doctor of osteopathy, a doctor of osteopathic medicine, or
7    doctor of chiropractic in another state or jurisdiction, or
8    surrender of membership on any medical staff or in any
9    medical or professional association or society, while
10    under disciplinary investigation by any of those
11    authorities or bodies, for acts or conduct similar to acts
12    or conduct which would constitute grounds for action as
13    defined in this Section.
14        (36) Failure to report to the Department any adverse
15    judgment, settlement, or award arising from a liability
16    claim related to acts or conduct similar to acts or conduct
17    which would constitute grounds for action as defined in
18    this Section.
19        (37) Failure to provide copies of medical records as
20    required by law.
21        (38) Failure to furnish the Department, its
22    investigators or representatives, relevant information,
23    legally requested by the Department after consultation
24    with the Chief Medical Coordinator or the Deputy Medical
25    Coordinator.
26        (39) Violating the Health Care Worker Self-Referral



HB1335 Enrolled- 16 -LRB099 08955 JLK 29128 b

1    Act.
2        (40) Willful failure to provide notice when notice is
3    required under the Parental Notice of Abortion Act of 1995.
4        (41) Failure to establish and maintain records of
5    patient care and treatment as required by this law.
6        (42) Entering into an excessive number of written
7    collaborative agreements with licensed advanced practice
8    nurses resulting in an inability to adequately
9    collaborate.
10        (43) Repeated failure to adequately collaborate with a
11    licensed advanced practice nurse.
12        (44) Violating the Compassionate Use of Medical
13    Cannabis Pilot Program Act.
14        (45) Entering into an excessive number of written
15    collaborative agreements with licensed prescribing
16    psychologists resulting in an inability to adequately
17    collaborate.
18        (46) Repeated failure to adequately collaborate with a
19    licensed prescribing psychologist.
20    Except for actions involving the ground numbered (26), all
21proceedings to suspend, revoke, place on probationary status,
22or take any other disciplinary action as the Department may
23deem proper, with regard to a license on any of the foregoing
24grounds, must be commenced within 5 years next after receipt by
25the Department of a complaint alleging the commission of or
26notice of the conviction order for any of the acts described



HB1335 Enrolled- 17 -LRB099 08955 JLK 29128 b

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



HB1335 Enrolled- 18 -LRB099 08955 JLK 29128 b

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



HB1335 Enrolled- 19 -LRB099 08955 JLK 29128 b

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



HB1335 Enrolled- 20 -LRB099 08955 JLK 29128 b

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



HB1335 Enrolled- 21 -LRB099 08955 JLK 29128 b

1evaluation and examination for the examining physician or any
2member of the multidisciplinary team to provide information,
3reports, records, or other documents or to provide any
4testimony regarding the examination and evaluation. The
5individual to be examined may have, at his or her own expense,
6another physician of his or her choice present during all
7aspects of the examination. Failure of any individual to submit
8to mental or physical examination and evaluation, or both, when
9directed, shall result in an automatic suspension, without
10hearing, until such time as the individual submits to the
11examination. If the Disciplinary Board or Licensing Board finds
12a physician unable to practice following an examination and
13evaluation because of the reasons set forth in this Section,
14the Disciplinary Board or Licensing Board shall require such
15physician to submit to care, counseling, or treatment by
16physicians, or other health care professionals, approved or
17designated by the Disciplinary Board, as a condition for
18issued, continued, reinstated, or renewed licensure to
19practice. Any physician, whose license was granted pursuant to
20Sections 9, 17, or 19 of this Act, or, continued, reinstated,
21renewed, disciplined or supervised, subject to such terms,
22conditions or restrictions who shall fail to comply with such
23terms, conditions or restrictions, or to complete a required
24program of care, counseling, or treatment, as determined by the
25Chief Medical Coordinator or Deputy Medical Coordinators,
26shall be referred to the Secretary for a determination as to



HB1335 Enrolled- 22 -LRB099 08955 JLK 29128 b

1whether the licensee shall have their license suspended
2immediately, pending a hearing by the Disciplinary Board. In
3instances in which the Secretary immediately suspends a license
4under this Section, a hearing upon such person's license must
5be convened by the Disciplinary Board within 15 days after such
6suspension and completed without appreciable delay. The
7Disciplinary Board shall have the authority to review the
8subject physician's record of treatment and counseling
9regarding the impairment, to the extent permitted by applicable
10federal statutes and regulations safeguarding the
11confidentiality of medical records.
12    An individual licensed under this Act, affected under this
13Section, shall be afforded an opportunity to demonstrate to the
14Disciplinary Board that they can resume practice in compliance
15with acceptable and prevailing standards under the provisions
16of their license.
17    The Department may promulgate rules for the imposition of
18fines in disciplinary cases, not to exceed $10,000 for each
19violation of this Act. Fines may be imposed in conjunction with
20other forms of disciplinary action, but shall not be the
21exclusive disposition of any disciplinary action arising out of
22conduct resulting in death or injury to a patient. Any funds
23collected from such fines shall be deposited in the Medical
24Disciplinary Fund.
25    All fines imposed under this Section shall be paid within
2660 days after the effective date of the order imposing the fine



HB1335 Enrolled- 23 -LRB099 08955 JLK 29128 b

1or in accordance with the terms set forth in the order imposing
2the fine.
3    (B) The Department shall revoke the license or permit
4issued under this Act to practice medicine or a chiropractic
5physician who has been convicted a second time of committing
6any felony under the Illinois Controlled Substances Act or the
7Methamphetamine Control and Community Protection Act, or who
8has been convicted a second time of committing a Class 1 felony
9under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
10person whose license or permit is revoked under this subsection
11B shall be prohibited from practicing medicine or treating
12human ailments without the use of drugs and without operative
14    (C) The Department shall not revoke, suspend, place on
15probation, reprimand, refuse to issue or renew, or take any
16other disciplinary or non-disciplinary action against the
17license or permit issued under this Act to practice medicine to
18a physician based solely upon the recommendation of the
19physician to an eligible patient regarding, or prescription
20for, or treatment with, an investigational drug, biological
21product, or device.
22    (D) (C) The Disciplinary Board shall recommend to the
23Department civil penalties and any other appropriate
24discipline in disciplinary cases when the Board finds that a
25physician willfully performed an abortion with actual
26knowledge that the person upon whom the abortion has been



HB1335 Enrolled- 24 -LRB099 08955 JLK 29128 b

1performed is a minor or an incompetent person without notice as
2required under the Parental Notice of Abortion Act of 1995.
3Upon the Board's recommendation, the Department shall impose,
4for the first violation, a civil penalty of $1,000 and for a
5second or subsequent violation, a civil penalty of $5,000.
6(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13;
798-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)