Illinois General Assembly - Full Text of SB0029
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Full Text of SB0029  99th General Assembly




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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.



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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



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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



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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 80. The Nursing Home Care Act is amended by
5changing Section 2-104 as follows:
6    (210 ILCS 45/2-104)  (from Ch. 111 1/2, par. 4152-104)
7    Sec. 2-104. (a) A resident shall be permitted to retain the
8services of his own personal physician at his own expense or
9under an individual or group plan of health insurance, or under
10any public or private assistance program providing such
11coverage. However, the facility is not liable for the
12negligence of any such personal physician. Every resident shall
13be permitted to obtain from his own physician or the physician
14attached to the facility complete and current information
15concerning his medical diagnosis, treatment and prognosis in
16terms and language the resident can reasonably be expected to
17understand. Every resident shall be permitted to participate in
18the planning of his total care and medical treatment to the
19extent that his condition permits. No resident shall be
20subjected to experimental research or treatment without first
21obtaining his informed, written consent. The conduct of any
22experimental research or treatment shall be authorized and
23monitored by an institutional review board appointed by the
24Director. The membership, operating procedures and review



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1criteria for the institutional review board shall be prescribed
2under rules and regulations of the Department and shall comply
3with the requirements for institutional review boards
4established by the federal Food and Drug Administration. No
5person who has received compensation in the prior 3 years from
6an entity that manufactures, distributes, or sells
7pharmaceuticals, biologics, or medical devices may serve on the
8institutional review board.
9    The institutional review board may approve only research or
10treatment that meets the standards of the federal Food and Drug
11Administration with respect to (i) the protection of human
12subjects and (ii) financial disclosure by clinical
13investigators. The Office of State Long Term Care Ombudsman and
14the State Protection and Advocacy organization shall be given
15an opportunity to comment on any request for approval before
16the board makes a decision. Those entities shall not be
17provided information that would allow a potential human subject
18to be individually identified, unless the board asks the
19Ombudsman for help in securing information from or about the
20resident. The board shall require frequent reporting of the
21progress of the approved research or treatment and its impact
22on residents, including immediate reporting of any adverse
23impact to the resident, the resident's representative, the
24Office of the State Long Term Care Ombudsman, and the State
25Protection and Advocacy organization. The board may not approve
26any retrospective study of the records of any resident about



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1the safety or efficacy of any care or treatment if the resident
2was under the care of the proposed researcher or a business
3associate when the care or treatment was given, unless the
4study is under the control of a researcher without any business
5relationship to any person or entity who could benefit from the
6findings of the study.
7    No facility shall permit experimental research or
8treatment to be conducted on a resident, or give access to any
9person or person's records for a retrospective study about the
10safety or efficacy of any care or treatment, without the prior
11written approval of the institutional review board. No nursing
12home administrator, or person licensed by the State to provide
13medical care or treatment to any person, may assist or
14participate in any experimental research on or treatment of a
15resident, including a retrospective study, that does not have
16the prior written approval of the board. Such conduct shall be
17grounds for professional discipline by the Department of
18Financial and Professional Regulation.
19    The institutional review board may exempt from ongoing
20review research or treatment initiated on a resident before the
21individual's admission to a facility and for which the board
22determines there is adequate ongoing oversight by another
23institutional review board. Nothing in this Section shall
24prevent a facility, any facility employee, or any other person
25from assisting or participating in any experimental research on
26or treatment of a resident, if the research or treatment began



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1before the person's admission to a facility, until the board
2has reviewed the research or treatment and decided to grant or
3deny approval or to exempt the research or treatment from
4ongoing review.
5    The institutional review board requirements of this
6subsection (a) do not apply to investigational drugs,
7biological products, or devices used by a resident with a
8terminal illness as set forth in the Right to Try Act.
9    (b) All medical treatment and procedures shall be
10administered as ordered by a physician. All new physician
11orders shall be reviewed by the facility's director of nursing
12or charge nurse designee within 24 hours after such orders have
13been issued to assure facility compliance with such orders.
14    All physician's orders and plans of treatment shall have
15the authentication of the physician. For the purposes of this
16subsection (b), "authentication" means an original written
17signature or an electronic signature system that allows for the
18verification of a signer's credentials. A stamp signature, with
19or without initials, is not sufficient.
20    According to rules adopted by the Department, every woman
21resident of child-bearing age shall receive routine
22obstetrical and gynecological evaluations as well as necessary
23prenatal care.
24    (c) Every resident shall be permitted to refuse medical
25treatment and to know the consequences of such action, unless
26such refusal would be harmful to the health and safety of



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1others and such harm is documented by a physician in the
2resident's clinical record. The resident's refusal shall free
3the facility from the obligation to provide the treatment.
4    (d) Every resident, resident's guardian, or parent if the
5resident is a minor shall be permitted to inspect and copy all
6his clinical and other records concerning his care and
7maintenance kept by the facility or by his physician. The
8facility may charge a reasonable fee for duplication of a
10(Source: P.A. 96-1372, eff. 7-29-10; 97-179, eff. 1-1-12.)
11    Section 90. The Medical Practice Act of 1987 is amended by
12changing Section 22 as follows:
13    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
14    (Section scheduled to be repealed on December 31, 2015)
15    Sec. 22. Disciplinary action.
16    (A) The Department may revoke, suspend, place on probation,
17reprimand, refuse to issue or renew, or take any other
18disciplinary or non-disciplinary action as the Department may
19deem proper with regard to the license or permit of any person
20issued under this Act, including imposing fines not to exceed
21$10,000 for each violation, upon any of the following grounds:
22        (1) Performance of an elective abortion in any place,
23    locale, facility, or institution other than:
24            (a) a facility licensed pursuant to the Ambulatory



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



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1    the United States of any crime that is a felony.
2        (4) Gross negligence in practice under this Act.
3        (5) Engaging in dishonorable, unethical or
4    unprofessional conduct of a character likely to deceive,
5    defraud or harm the public.
6        (6) Obtaining any fee by fraud, deceit, or
7    misrepresentation.
8        (7) Habitual or excessive use or abuse of drugs defined
9    in law as controlled substances, of alcohol, or of any
10    other substances which results in the inability to practice
11    with reasonable judgment, skill or safety.
12        (8) Practicing under a false or, except as provided by
13    law, an assumed name.
14        (9) Fraud or misrepresentation in applying for, or
15    procuring, a license under this Act or in connection with
16    applying for renewal of a license under this Act.
17        (10) Making a false or misleading statement regarding
18    their skill or the efficacy or value of the medicine,
19    treatment, or remedy prescribed by them at their direction
20    in the treatment of any disease or other condition of the
21    body or mind.
22        (11) Allowing another person or organization to use
23    their license, procured under this Act, to practice.
24        (12) Adverse action taken by another state or
25    jurisdiction against a license or other authorization to
26    practice as a medical doctor, doctor of osteopathy, doctor



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



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



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



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



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



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1    collaborative agreements with licensed advanced practice
2    nurses resulting in an inability to adequately
3    collaborate.
4        (43) Repeated failure to adequately collaborate with a
5    licensed advanced practice nurse.
6        (44) Violating the Compassionate Use of Medical
7    Cannabis Pilot Program Act.
8        (45) Entering into an excessive number of written
9    collaborative agreements with licensed prescribing
10    psychologists resulting in an inability to adequately
11    collaborate.
12        (46) Repeated failure to adequately collaborate with a
13    licensed prescribing psychologist.
14    Except for actions involving the ground numbered (26), all
15proceedings to suspend, revoke, place on probationary status,
16or take any other disciplinary action as the Department may
17deem proper, with regard to a license on any of the foregoing
18grounds, must be commenced within 5 years next after receipt by
19the Department of a complaint alleging the commission of or
20notice of the conviction order for any of the acts described
21herein. Except for the grounds numbered (8), (9), (26), and
22(29), no action shall be commenced more than 10 years after the
23date of the incident or act alleged to have violated this
24Section. For actions involving the ground numbered (26), a
25pattern of practice or other behavior includes all incidents
26alleged to be part of the pattern of practice or other behavior



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1that occurred, or a report pursuant to Section 23 of this Act
2received, within the 10-year period preceding the filing of the
3complaint. In the event of the settlement of any claim or cause
4of action in favor of the claimant or the reduction to final
5judgment of any civil action in favor of the plaintiff, such
6claim, cause of action or civil action being grounded on the
7allegation that a person licensed under this Act was negligent
8in providing care, the Department shall have an additional
9period of 2 years from the date of notification to the
10Department under Section 23 of this Act of such settlement or
11final judgment in which to investigate and commence formal
12disciplinary proceedings under Section 36 of this Act, except
13as otherwise provided by law. The time during which the holder
14of the license was outside the State of Illinois shall not be
15included within any period of time limiting the commencement of
16disciplinary action by the Department.
17    The entry of an order or judgment by any circuit court
18establishing that any person holding a license under this Act
19is a person in need of mental treatment operates as a
20suspension of that license. That person may resume their
21practice only upon the entry of a Departmental order based upon
22a finding by the Disciplinary Board that they have been
23determined to be recovered from mental illness by the court and
24upon the Disciplinary Board's recommendation that they be
25permitted to resume their practice.
26    The Department may refuse to issue or take disciplinary



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1action concerning the license of any person who fails to file a
2return, or to pay the tax, penalty or interest shown in a filed
3return, or to pay any final assessment of tax, penalty or
4interest, as required by any tax Act administered by the
5Illinois Department of Revenue, until such time as the
6requirements of any such tax Act are satisfied as determined by
7the Illinois Department of Revenue.
8    The Department, upon the recommendation of the
9Disciplinary Board, shall adopt rules which set forth standards
10to be used in determining:
11        (a) when a person will be deemed sufficiently
12    rehabilitated to warrant the public trust;
13        (b) what constitutes dishonorable, unethical or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public;
16        (c) what constitutes immoral conduct in the commission
17    of any act, including, but not limited to, commission of an
18    act of sexual misconduct related to the licensee's
19    practice; and
20        (d) what constitutes gross negligence in the practice
21    of medicine.
22    However, no such rule shall be admissible into evidence in
23any civil action except for review of a licensing or other
24disciplinary action under this Act.
25    In enforcing this Section, the Disciplinary Board or the
26Licensing Board, upon a showing of a possible violation, may



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



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1neuropsychological testing. The Disciplinary Board, the
2Licensing Board, or the Department may order the examining
3physician or any member of the multidisciplinary team to
4provide to the Department, the Disciplinary Board, or the
5Licensing Board any and all records, including business
6records, that relate to the examination and evaluation,
7including any supplemental testing performed. The Disciplinary
8Board, the Licensing Board, or the Department may order the
9examining physician or any member of the multidisciplinary team
10to present testimony concerning this examination and
11evaluation of the licensee, permit holder, or applicant,
12including testimony concerning any supplemental testing or
13documents relating to the examination and evaluation. No
14information, report, record, or other documents in any way
15related to the examination and evaluation shall be excluded by
16reason of any common law or statutory privilege relating to
17communication between the licensee, permit holder, or
18applicant and the examining physician or any member of the
19multidisciplinary team. No authorization is necessary from the
20licensee, permit holder, or applicant ordered to undergo an
21evaluation and examination for the examining physician or any
22member of the multidisciplinary team to provide information,
23reports, records, or other documents or to provide any
24testimony regarding the examination and evaluation. The
25individual to be examined may have, at his or her own expense,
26another physician of his or her choice present during all



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1aspects of the examination. Failure of any individual to submit
2to mental or physical examination and evaluation, or both, when
3directed, shall result in an automatic suspension, without
4hearing, until such time as the individual submits to the
5examination. If the Disciplinary Board or Licensing Board finds
6a physician unable to practice following an examination and
7evaluation because of the reasons set forth in this Section,
8the Disciplinary Board or Licensing Board shall require such
9physician to submit to care, counseling, or treatment by
10physicians, or other health care professionals, approved or
11designated by the Disciplinary Board, as a condition for
12issued, continued, reinstated, or renewed licensure to
13practice. Any physician, whose license was granted pursuant to
14Sections 9, 17, or 19 of this Act, or, continued, reinstated,
15renewed, disciplined or supervised, subject to such terms,
16conditions or restrictions who shall fail to comply with such
17terms, conditions or restrictions, or to complete a required
18program of care, counseling, or treatment, as determined by the
19Chief Medical Coordinator or Deputy Medical Coordinators,
20shall be referred to the Secretary for a determination as to
21whether the licensee shall have their license suspended
22immediately, pending a hearing by the Disciplinary Board. In
23instances in which the Secretary immediately suspends a license
24under this Section, a hearing upon such person's license must
25be convened by the Disciplinary Board within 15 days after such
26suspension and completed without appreciable delay. The



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1Disciplinary Board shall have the authority to review the
2subject physician's record of treatment and counseling
3regarding the impairment, to the extent permitted by applicable
4federal statutes and regulations safeguarding the
5confidentiality of medical records.
6    An individual licensed under this Act, affected under this
7Section, shall be afforded an opportunity to demonstrate to the
8Disciplinary Board that they can resume practice in compliance
9with acceptable and prevailing standards under the provisions
10of their license.
11    The Department may promulgate rules for the imposition of
12fines in disciplinary cases, not to exceed $10,000 for each
13violation of this Act. Fines may be imposed in conjunction with
14other forms of disciplinary action, but shall not be the
15exclusive disposition of any disciplinary action arising out of
16conduct resulting in death or injury to a patient. Any funds
17collected from such fines shall be deposited in the Medical
18Disciplinary Fund.
19    All fines imposed under this Section shall be paid within
2060 days after the effective date of the order imposing the fine
21or in accordance with the terms set forth in the order imposing
22the fine.
23    (B) The Department shall revoke the license or permit
24issued under this Act to practice medicine or a chiropractic
25physician who has been convicted a second time of committing
26any felony under the Illinois Controlled Substances Act or the



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1Methamphetamine Control and Community Protection Act, or who
2has been convicted a second time of committing a Class 1 felony
3under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
4person whose license or permit is revoked under this subsection
5B shall be prohibited from practicing medicine or treating
6human ailments without the use of drugs and without operative
8    (C) The Department shall not revoke, suspend, place on
9probation, reprimand, refuse to issue or renew, or take any
10other disciplinary or non-disciplinary action against the
11license or permit issued under this Act to practice medicine to
12a physician based solely upon the recommendation of the
13physician to an eligible patient, as defined under Section 10
14of the Right to Try Act, regarding, or prescription for, or
15treatment with, an investigational drug, biological product,
16or device.
17    (D) (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.



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1(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13;
298-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)