Illinois General Assembly - Full Text of HB4515
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Full Text of HB4515  100th General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title; references to Act.
5    (a) Short title. This Act may be cited as the Lyme Disease
6Prevention and Protection Act.
7    (b) References to Act. This Act may be referred to as the
8Lauryn Russell Lyme Disease Prevention and Protection Law.
9    Section 5. Findings. The General Assembly finds and
10declares the following:
11        (1) Lyme disease, a bacterial disease transmitted by
12    infected ticks, was first recognized in the United States
13    in 1975 after a mysterious outbreak of arthritis near Old
14    Lyme, Connecticut. Since then, reports of Lyme disease have
15    increased dramatically, and the disease has become an
16    important public health concern.
17        (2) The Centers for Disease Control and Prevention
18    states that the reported Lyme disease cases are numbered at
19    30,000 a year in the United States, but the actual burden
20    of Lyme disease may actually be as high as 300,000 cases a
21    year throughout the United States.
22        (3) The signs and symptoms of Lyme disease can vary
23    greatly from one person to another, and symptoms can also



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1    vary with the length of time a person has been infected.
2    The initial symptoms of Lyme disease are similar to those
3    of more common diseases, such as a flu-like illness without
4    a cough or mononucleosis; it may or may not present
5    Erythema Migrans, a "bulls eye" marking, which is the most
6    common identifiable mark for Lyme disease, and many
7    infected persons do not recall a tick bite; further
8    symptoms can develop over time, including fever, severe
9    headache, stiff neck, certain heart irregularities,
10    temporary paralysis of facial muscles, pain with numbness
11    or weakness in arms or legs, loss of concentration or
12    memory problems, and, most commonly, Lyme arthritis.
13        (4) Not all ticks carry the bacterium of Lyme disease,
14    and a bite does not always result in the development of
15    Lyme disease. However, since it is impossible to tell by
16    sight which ticks are infected, it is important to avoid
17    tick bites whenever possible and to perform regular tick
18    checks when traversing in tick-infested areas of the United
19    States, any wooded areas, or any areas with tall grass and
20    weeds. A person should seek assistance for early
21    identification and treatment when Lyme disease symptoms or
22    other tick-borne illness is suspected.
23        (5) Because Lyme disease is a complex illness, there is
24    a continuous need to increase funding for Lyme disease
25    diagnosis, treatment, and prevention. In 2015, the first
26    major research program devoted to the causes and cures of



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1    Lyme disease was established at Johns Hopkins School of
2    Medicine as the Lyme Disease Clinical Research Center.
3        (6) Initial funding from federal grants has provided
4    for research known as the Study of Lyme Disease Immunology
5    and Clinical Events. The federal 21st Century Cures Act
6    created a working group within the United States Department
7    of Health and Human Services to improve outcomes of Lyme
8    disease and to develop a plan for improving diagnosis,
9    treatment, and prevention. However, there is still a need
10    for more research on Lyme disease and efforts to promote
11    awareness of its signs and symptoms, such as work with
12    entomologists and veterinary epidemiologist whose current
13    focus is on tick-borne infections and their distribution in
14    the State of Illinois.
15        (7) People treated with appropriate antibiotics in the
16    early stages of Lyme disease usually recover rapidly and
17    completely. The National Institutes of Health has funded
18    several studies on the treatment of Lyme disease that show
19    most people recover when treated with antibiotics taken by
20    mouth within a few weeks. In a small percentage of cases,
21    symptoms such as fatigue and muscle aches can last for more
22    than 6 months. Physicians sometimes describe patients who
23    have non-specific symptoms, such as fatigue, pain, and
24    joint and muscle aches, after the treatment of Lyme disease
25    as having post-treatment Lyme disease syndrome or post Lyme
26    disease syndrome. The cause of post-treatment Lyme disease



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1    syndrome is not known.
2        (8) Co-infections by other tick-borne illnesses may
3    complicate and lengthen the course of treatment.
4    Section 10. Lyme Disease Prevention, Detection, and
5Outreach Program.
6    (a) The Department of Public Health shall establish a Lyme
7Disease Prevention, Detection, and Outreach Program. The
8Department shall continue to study the population of ticks
9carrying Lyme disease and the number of people infected in
10Illinois to provide data to the public on the incidence of
11acute Lyme disease and locations of exposure in Illinois by
12county. The Department shall partner with the University of
13Illinois to publish tick identification and testing data on the
14Department's website and work to expand testing to areas where
15new human cases are identified. The Department shall require
16health care professionals and laboratories to report acute Lyme
17disease cases within the time frame required under the Control
18of Communicable Diseases Code to the local health department.
19To coordinate this program, the Department shall continue to
20support a vector-borne disease epidemiologist coordinator who
21is responsible for overseeing the program. The Department shall
22train local health departments to respond to inquiries from the
24    (b) In addition to its overall effort to prevent acute
25disease in Illinois, in order to raise awareness about and



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1promote prevention of Lyme disease, the program shall include:
2        (1) a designated webpage with publicly accessible and
3    up-to-date information about the prevention, detection,
4    and treatment of Lyme Disease;
5        (2) peer-reviewed scientific research articles;
6        (3) government guidance and recommendations of the
7    federal Centers for Disease Control and Prevention,
8    National Guideline Clearinghouse under the Department of
9    Health and Human Services, and any other persons or
10    entities determined by the Lyme Disease Task Force to have
11    particular expertise on Lyme disease;
12        (4) information for physicians, other health care
13    professionals and providers, and other persons subject to
14    an increased risk of contracting Lyme disease; and
15        (5) educational materials on the diagnosis, treatment,
16    and prevention of Lyme disease and other tick-borne
17    illnesses for physicians and other health care
18    professionals and providers in multiple formats.
19    (c) The Department shall prepare a report of all efforts
20under this Act, and the report shall be posted on the
21Department's website and distributed to the Lyme Disease Task
22Force and the General Assembly annually. The report to the
23General Assembly shall be filed with the Clerk of the House of
24Representatives and the Secretary of the Senate in electronic
25form only, in the manner that the Clerk and the Secretary shall



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1    Section 15. Lyme Disease Task Force; duties; members.
2    (a) The Department shall establish the Lyme Disease Task
3Force to advise the Department on disease prevention and
4surveillance and provider and public education relating to the
6    (b) The Task Force shall consist of the Director of Public
7Health or a designee, who shall serve as chairman, and the
8following members appointed by the Director of Public Health:
9        (1) one representative from the Department of
10    Financial and Professional Regulation;
11        (2) 3 physicians licensed to practice medicine in all
12    its branches who are members of a statewide organization
13    representing physicians, one of whom represents a medical
14    school faculty and one of whom has the experience of
15    treating Lyme disease;
16        (3) one advanced practice registered nurse selected
17    from the recommendations of professional nursing
18    associations;
19        (4) one local public health administrator;
20        (5) one veterinarian;
21        (6) 4 members of the public interested in Lyme disease.
22    (c) The terms of the members of the Task Force shall be 3
23years. Members may continue to serve after the expiration of a
24term until a new member is appointed. Each member appointed to
25fill a vacancy occurring prior to the expiration of the term



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1for which his predecessor was appointed shall be appointed for
2the remainder of such term. The council shall meet as
3frequently as the chairman deems necessary, but not less than 2
4times each year. Members shall receive no compensation for
5their services.
6    (d) The Lyme Disease Task Force has the following duties
7and responsibilities:
8        (1) monitoring the implementation of this Act and
9    providing feedback and input for necessary additions or
10    modifications;
11        (2) reviewing relevant literature and guidelines that
12    define accurate diagnosis of Lyme disease with the purpose
13    of creating cohesive and consistent guidelines for the
14    determination of Lyme diagnosis across all counties in
15    Illinois and with the intent of providing accurate and
16    relevant numbers to the Centers for Disease Control and
17    Prevention;
18        (3) providing recommendations on professional
19    continuing educational materials and opportunities that
20    specifically focus on Lyme disease prevention, protection,
21    and treatment; and
22        (4) assisting the Department in establishing policies,
23    procedures, techniques, and criteria for the collection,
24    maintenance, exchange, and sharing of medical information
25    on Lyme disease, and identifying persons or entities with
26    Lyme disease expertise to collaborate with Department in



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1    Lyme disease diagnosis, prevention, and treatment.
2    (20 ILCS 2310/2310-390 rep.)
3    Section 70. The Department of Public Health Powers and
4Duties Law of the Civil Administrative Code of Illinois is
5amended by repealing Section 2310-390.
6    Section 75. The Medical Practice Act of 1987 is amended by
7changing Section 22 as follows:
8    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
9    (Section scheduled to be repealed on December 31, 2019)
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, including imposing fines not to exceed
16$10,000 for each violation, upon any of the following grounds:
17        (1) Performance of an elective abortion in any place,
18    locale, facility, or institution other than:
19            (a) a facility licensed pursuant to the Ambulatory
20        Surgical Treatment Center Act;
21            (b) an institution licensed under the Hospital
22        Licensing Act;
23            (c) an ambulatory surgical treatment center or



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



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



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



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



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



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



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



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



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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



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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



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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



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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



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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



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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 Illinois
24State Medical Disciplinary Fund.
25    All fines imposed under this Section shall be paid within
2660 days after the effective date of the order imposing the fine



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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:
19        (1) based solely upon the recommendation of the
20    physician to an eligible patient regarding, or
21    prescription for, or treatment with, an investigational
22    drug, biological product, or device; or
23        (2) for experimental treatment for Lyme disease or
24    other tick-borne diseases, including, but not limited to,
25    the prescription of or treatment with long-term
26    antibiotics.



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1    (D) The Disciplinary Board shall recommend to the
2Department civil penalties and any other appropriate
3discipline in disciplinary cases when the Board finds that a
4physician willfully performed an abortion with actual
5knowledge that the person upon whom the abortion has been
6performed is a minor or an incompetent person without notice as
7required under the Parental Notice of Abortion Act of 1995.
8Upon the Board's recommendation, the Department shall impose,
9for the first violation, a civil penalty of $1,000 and for a
10second or subsequent violation, a civil penalty of $5,000.
11(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
12100-429, eff. 8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)