Illinois General Assembly - Full Text of SB2904
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Full Text of SB2904  100th General Assembly

SB2904enr 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 5. The Medical Practice Act of 1987 is amended by
5changing Sections 22 and 54.5 as follows:
 
6    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 22. Disciplinary action.
9    (A) The Department may revoke, suspend, place on probation,
10reprimand, refuse to issue or renew, or take any other
11disciplinary or non-disciplinary action as the Department may
12deem proper with regard to the license or permit of any person
13issued under this Act, including imposing fines not to exceed
14$10,000 for each violation, upon any of the following grounds:
15        (1) Performance of an elective abortion in any place,
16    locale, facility, or institution other than:
17            (a) a facility licensed pursuant to the Ambulatory
18        Surgical Treatment Center Act;
19            (b) an institution licensed under the Hospital
20        Licensing Act;
21            (c) an ambulatory surgical treatment center or
22        hospitalization or care facility maintained by the
23        State or any agency thereof, where such department or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Cannabis Pilot Program Act.
2        (45) Entering into an excessive number of written
3    collaborative agreements with licensed prescribing
4    psychologists resulting in an inability to adequately
5    collaborate.
6        (46) Repeated failure to adequately collaborate with a
7    licensed prescribing psychologist.
8        (47) Willfully failing to report an instance of
9    suspected abuse, neglect, financial exploitation, or
10    self-neglect of an eligible adult as defined in and
11    required by the Adult Protective Services Act.
12        (48) Being named as an abuser in a verified report by
13    the Department on Aging under the Adult Protective Services
14    Act, and upon proof by clear and convincing evidence that
15    the licensee abused, neglected, or financially exploited
16    an eligible adult as defined in the Adult Protective
17    Services Act.
18        (49) Entering into an excessive number of written
19    collaborative agreements with licensed physician
20    assistants resulting in an inability to adequately
21    collaborate.
22        (50) Repeated failure to adequately collaborate with a
23    physician assistant.
24    Except for actions involving the ground numbered (26), all
25proceedings to suspend, revoke, place on probationary status,
26or take any other disciplinary action as the Department may

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1terms, conditions or restrictions, or to complete a required
2program of care, counseling, or treatment, as determined by the
3Chief Medical Coordinator or Deputy Medical Coordinators,
4shall be referred to the Secretary for a determination as to
5whether the licensee shall have their license suspended
6immediately, pending a hearing by the Disciplinary Board. In
7instances in which the Secretary immediately suspends a license
8under this Section, a hearing upon such person's license must
9be convened by the Disciplinary Board within 15 days after such
10suspension and completed without appreciable delay. The
11Disciplinary Board shall have the authority to review the
12subject physician's record of treatment and counseling
13regarding the impairment, to the extent permitted by applicable
14federal statutes and regulations safeguarding the
15confidentiality of medical records.
16    An individual licensed under this Act, affected under this
17Section, shall be afforded an opportunity to demonstrate to the
18Disciplinary Board that they can resume practice in compliance
19with acceptable and prevailing standards under the provisions
20of their license.
21    The Department may promulgate rules for the imposition of
22fines in disciplinary cases, not to exceed $10,000 for each
23violation of this Act. Fines may be imposed in conjunction with
24other forms of disciplinary action, but shall not be the
25exclusive disposition of any disciplinary action arising out of
26conduct resulting in death or injury to a patient. Any funds

 

 

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1collected from such fines shall be deposited in the Illinois
2State Medical Disciplinary Fund.
3    All fines imposed under this Section shall be paid within
460 days after the effective date of the order imposing the fine
5or in accordance with the terms set forth in the order imposing
6the fine.
7    (B) The Department shall revoke the license or permit
8issued under this Act to practice medicine or a chiropractic
9physician who has been convicted a second time of committing
10any felony under the Illinois Controlled Substances Act or the
11Methamphetamine Control and Community Protection Act, or who
12has been convicted a second time of committing a Class 1 felony
13under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
14person whose license or permit is revoked under this subsection
15B shall be prohibited from practicing medicine or treating
16human ailments without the use of drugs and without operative
17surgery.
18    (C) The Department shall not revoke, suspend, place on
19probation, reprimand, refuse to issue or renew, or take any
20other disciplinary or non-disciplinary action against the
21license or permit issued under this Act to practice medicine to
22a physician based solely upon the recommendation of the
23physician to an eligible patient regarding, or prescription
24for, or treatment with, an investigational drug, biological
25product, or device.
26    (D) The Disciplinary Board shall recommend to the

 

 

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1Department civil penalties and any other appropriate
2discipline in disciplinary cases when the Board finds that a
3physician willfully performed an abortion with actual
4knowledge that the person upon whom the abortion has been
5performed is a minor or an incompetent person without notice as
6required under the Parental Notice of Abortion Act of 1995.
7Upon the Board's recommendation, the Department shall impose,
8for the first violation, a civil penalty of $1,000 and for a
9second or subsequent violation, a civil penalty of $5,000.
10(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
11100-429, eff. 8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
 
12    (225 ILCS 60/54.5)
13    (Section scheduled to be repealed on December 31, 2019)
14    Sec. 54.5. Physician delegation of authority to physician
15assistants, advanced practice registered nurses without full
16practice authority, and prescribing psychologists.
17    (a) Physicians licensed to practice medicine in all its
18branches may delegate care and treatment responsibilities to a
19physician assistant under guidelines in accordance with the
20requirements of the Physician Assistant Practice Act of 1987. A
21physician licensed to practice medicine in all its branches may
22enter into collaborative agreements with no more than 7 5
23full-time equivalent physician assistants, except in a
24hospital, hospital affiliate, or ambulatory surgical treatment
25center as set forth by Section 7.7 of the Physician Assistant

 

 

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1Practice Act of 1987 and as provided in subsection (a-5).
2    (a-5) A physician licensed to practice medicine in all its
3branches may collaborate with more than 7 physician assistants
4when the services are provided in a federal primary care health
5professional shortage area with a Health Professional Shortage
6Area score greater than or equal to 12, as determined by the
7United States Department of Health and Human Services.
8    The collaborating physician must keep appropriate
9documentation of meeting this exemption and make it available
10to the Department upon request.
11    (b) A physician licensed to practice medicine in all its
12branches in active clinical practice may collaborate with an
13advanced practice registered nurse in accordance with the
14requirements of the Nurse Practice Act. Collaboration is for
15the purpose of providing medical consultation, and no
16employment relationship is required. A written collaborative
17agreement shall conform to the requirements of Section 65-35 of
18the Nurse Practice Act. The written collaborative agreement
19shall be for services in the same area of practice or specialty
20as the collaborating physician in his or her clinical medical
21practice. A written collaborative agreement shall be adequate
22with respect to collaboration with advanced practice
23registered nurses if all of the following apply:
24        (1) The agreement is written to promote the exercise of
25    professional judgment by the advanced practice registered
26    nurse commensurate with his or her education and

 

 

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1    experience.
2        (2) The advanced practice registered nurse provides
3    services based upon a written collaborative agreement with
4    the collaborating physician, except as set forth in
5    subsection (b-5) of this Section. With respect to labor and
6    delivery, the collaborating physician must provide
7    delivery services in order to participate with a certified
8    nurse midwife.
9        (3) Methods of communication are available with the
10    collaborating physician in person or through
11    telecommunications for consultation, collaboration, and
12    referral as needed to address patient care needs.
13    (b-5) An anesthesiologist or physician licensed to
14practice medicine in all its branches may collaborate with a
15certified registered nurse anesthetist in accordance with
16Section 65-35 of the Nurse Practice Act for the provision of
17anesthesia services. With respect to the provision of
18anesthesia services, the collaborating anesthesiologist or
19physician shall have training and experience in the delivery of
20anesthesia services consistent with Department rules.
21Collaboration shall be adequate if:
22        (1) an anesthesiologist or a physician participates in
23    the joint formulation and joint approval of orders or
24    guidelines and periodically reviews such orders and the
25    services provided patients under such orders; and
26        (2) for anesthesia services, the anesthesiologist or

 

 

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1    physician participates through discussion of and agreement
2    with the anesthesia plan and is physically present and
3    available on the premises during the delivery of anesthesia
4    services for diagnosis, consultation, and treatment of
5    emergency medical conditions. Anesthesia services in a
6    hospital shall be conducted in accordance with Section 10.7
7    of the Hospital Licensing Act and in an ambulatory surgical
8    treatment center in accordance with Section 6.5 of the
9    Ambulatory Surgical Treatment Center Act.
10    (b-10) The anesthesiologist or operating physician must
11agree with the anesthesia plan prior to the delivery of
12services.
13    (c) The collaborating physician shall have access to the
14medical records of all patients attended by a physician
15assistant. The collaborating physician shall have access to the
16medical records of all patients attended to by an advanced
17practice registered nurse.
18    (d) (Blank).
19    (e) A physician shall not be liable for the acts or
20omissions of a prescribing psychologist, physician assistant,
21or advanced practice registered nurse solely on the basis of
22having signed a supervision agreement or guidelines or a
23collaborative agreement, an order, a standing medical order, a
24standing delegation order, or other order or guideline
25authorizing a prescribing psychologist, physician assistant,
26or advanced practice registered nurse to perform acts, unless

 

 

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1the physician has reason to believe the prescribing
2psychologist, physician assistant, or advanced practice
3registered nurse lacked the competency to perform the act or
4acts or commits willful and wanton misconduct.
5    (f) A collaborating physician may, but is not required to,
6delegate prescriptive authority to an advanced practice
7registered nurse as part of a written collaborative agreement,
8and the delegation of prescriptive authority shall conform to
9the requirements of Section 65-40 of the Nurse Practice Act.
10    (g) A collaborating physician may, but is not required to,
11delegate prescriptive authority to a physician assistant as
12part of a written collaborative agreement, and the delegation
13of prescriptive authority shall conform to the requirements of
14Section 7.5 of the Physician Assistant Practice Act of 1987.
15    (h) (Blank).
16    (i) A collaborating physician shall delegate prescriptive
17authority to a prescribing psychologist as part of a written
18collaborative agreement, and the delegation of prescriptive
19authority shall conform to the requirements of Section 4.3 of
20the Clinical Psychologist Licensing Act.
21    (j) As set forth in Section 22.2 of this Act, a licensee
22under this Act may not directly or indirectly divide, share, or
23split any professional fee or other form of compensation for
24professional services with anyone in exchange for a referral or
25otherwise, other than as provided in Section 22.2.
26(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;

 

 

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1100-513, eff. 1-1-18; revised 9-29-17.)
 
2    Section 10. The Physician Assistant Practice Act of 1987 is
3amended by changing Sections 7 and 21 as follows:
 
4    (225 ILCS 95/7)  (from Ch. 111, par. 4607)
5    (Section scheduled to be repealed on January 1, 2028)
6    Sec. 7. Collaboration requirements.
7    (a) A collaborating physician shall determine the number of
8physician assistants to collaborate with, provided the
9physician is able to provide adequate collaboration as outlined
10in the written collaborative agreement required under Section
117.5 of this Act and consideration is given to the nature of the
12physician's practice, complexity of the patient population,
13and the experience of each physician assistant. A collaborating
14physician may collaborate with a maximum of 7 5 full-time
15equivalent physician assistants as described in Section 54.5 of
16the Medical Practice Act of 1987. As used in this Section,
17"full-time equivalent" means the equivalent of 40 hours per
18week per individual. Physicians and physician assistants who
19work in a hospital, hospital affiliate, or ambulatory surgical
20treatment center as defined by Section 7.7 of this Act are
21exempt from the collaborative ratio restriction requirements
22of this Section. A physician assistant shall be able to hold
23more than one professional position. A collaborating physician
24shall file a notice of collaboration of each physician

 

 

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1assistant according to the rules of the Department.
2    Physician assistants shall collaborate only with
3physicians as defined in this Act who are engaged in clinical
4practice, or in clinical practice in public health or other
5community health facilities.
6    Nothing in this Act shall be construed to limit the
7delegation of tasks or duties by a physician to a nurse or
8other appropriately trained personnel.
9    Nothing in this Act shall be construed to prohibit the
10employment of physician assistants by a hospital, nursing home
11or other health care facility where such physician assistants
12function under a collaborating physician.
13    A physician assistant may be employed by a practice group
14or other entity employing multiple physicians at one or more
15locations. In that case, one of the physicians practicing at a
16location shall be designated the collaborating physician. The
17other physicians with that practice group or other entity who
18practice in the same general type of practice or specialty as
19the collaborating physician may collaborate with the physician
20assistant with respect to their patients.
21    (b) A physician assistant licensed in this State, or
22licensed or authorized to practice in any other U.S.
23jurisdiction or credentialed by his or her federal employer as
24a physician assistant, who is responding to a need for medical
25care created by an emergency or by a state or local disaster
26may render such care that the physician assistant is able to

 

 

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1provide without collaboration as it is defined in this Section
2or with such collaboration as is available.
3    Any physician who collaborates with a physician assistant
4providing medical care in response to such an emergency or
5state or local disaster shall not be required to meet the
6requirements set forth in this Section for a collaborating
7physician.
8(Source: P.A. 100-453, eff. 8-25-17.)
 
9    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 21. Grounds for disciplinary action.
12    (a) The Department may refuse to issue or to renew, or may
13revoke, suspend, place on probation, reprimand, or take other
14disciplinary or non-disciplinary action with regard to any
15license issued under this Act as the Department may deem
16proper, including the issuance of fines not to exceed $10,000
17for each violation, for any one or combination of the following
18causes:
19        (1) Material misstatement in furnishing information to
20    the Department.
21        (2) Violations of this Act, or the rules adopted under
22    this Act.
23        (3) Conviction by plea of guilty or nolo contendere,
24    finding of guilt, jury verdict, or entry of judgment or
25    sentencing, including, but not limited to, convictions,

 

 

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1    preceding sentences of supervision, conditional discharge,
2    or first offender probation, under the laws of any
3    jurisdiction of the United States that is: (i) a felony; or
4    (ii) a misdemeanor, an essential element of which is
5    dishonesty, or that is directly related to the practice of
6    the profession.
7        (4) Making any misrepresentation for the purpose of
8    obtaining licenses.
9        (5) Professional incompetence.
10        (6) Aiding or assisting another person in violating any
11    provision of this Act or its rules.
12        (7) Failing, within 60 days, to provide information in
13    response to a written request made by the Department.
14        (8) Engaging in dishonorable, unethical, or
15    unprofessional conduct, as defined by rule, of a character
16    likely to deceive, defraud, or harm the public.
17        (9) Habitual or excessive use or addiction to alcohol,
18    narcotics, stimulants, or any other chemical agent or drug
19    that results in a physician assistant's inability to
20    practice with reasonable judgment, skill, or safety.
21        (10) Discipline by another U.S. jurisdiction or
22    foreign nation, if at least one of the grounds for
23    discipline is the same or substantially equivalent to those
24    set forth in this Section.
25        (11) Directly or indirectly giving to or receiving from
26    any person, firm, corporation, partnership, or association

 

 

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1    any fee, commission, rebate or other form of compensation
2    for any professional services not actually or personally
3    rendered. Nothing in this paragraph (11) affects any bona
4    fide independent contractor or employment arrangements,
5    which may include provisions for compensation, health
6    insurance, pension, or other employment benefits, with
7    persons or entities authorized under this Act for the
8    provision of services within the scope of the licensee's
9    practice under this Act.
10        (12) A finding by the Disciplinary Board that the
11    licensee, after having his or her license placed on
12    probationary status has violated the terms of probation.
13        (13) Abandonment of a patient.
14        (14) Willfully making or filing false records or
15    reports in his or her practice, including but not limited
16    to false records filed with state agencies or departments.
17        (15) Willfully failing to report an instance of
18    suspected child abuse or neglect as required by the Abused
19    and Neglected Child Reporting Act.
20        (16) Physical illness, or mental illness or impairment
21    that results in the inability to practice the profession
22    with reasonable judgment, skill, or safety, including, but
23    not limited to, deterioration through the aging process or
24    loss of motor skill.
25        (17) Being named as a perpetrator in an indicated
26    report by the Department of Children and Family Services

 

 

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1    under the Abused and Neglected Child Reporting Act, and
2    upon proof by clear and convincing evidence that the
3    licensee has caused a child to be an abused child or
4    neglected child as defined in the Abused and Neglected
5    Child Reporting Act.
6        (18) (Blank).
7        (19) Gross negligence resulting in permanent injury or
8    death of a patient.
9        (20) Employment of fraud, deception or any unlawful
10    means in applying for or securing a license as a physician
11    assistant.
12        (21) Exceeding the authority delegated to him or her by
13    his or her collaborating physician in a written
14    collaborative agreement.
15        (22) Immoral conduct in the commission of any act, such
16    as sexual abuse, sexual misconduct, or sexual exploitation
17    related to the licensee's practice.
18        (23) Violation of the Health Care Worker Self-Referral
19    Act.
20        (24) Practicing under a false or assumed name, except
21    as provided by law.
22        (25) Making a false or misleading statement regarding
23    his or her skill or the efficacy or value of the medicine,
24    treatment, or remedy prescribed by him or her in the course
25    of treatment.
26        (26) Allowing another person to use his or her license

 

 

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1    to practice.
2        (27) Prescribing, selling, administering,
3    distributing, giving, or self-administering a drug
4    classified as a controlled substance for other than
5    medically-accepted therapeutic purposes.
6        (28) Promotion of the sale of drugs, devices,
7    appliances, or goods provided for a patient in a manner to
8    exploit the patient for financial gain.
9        (29) A pattern of practice or other behavior that
10    demonstrates incapacity or incompetence to practice under
11    this Act.
12        (30) Violating State or federal laws or regulations
13    relating to controlled substances or other legend drugs or
14    ephedra as defined in the Ephedra Prohibition Act.
15        (31) Exceeding the prescriptive authority delegated by
16    the collaborating physician or violating the written
17    collaborative agreement delegating that authority.
18        (32) Practicing without providing to the Department a
19    notice of collaboration or delegation of prescriptive
20    authority.
21        (33) Failure to establish and maintain records of
22    patient care and treatment as required by law.
23        (34) Attempting to subvert or cheat on the examination
24    of the National Commission on Certification of Physician
25    Assistants or its successor agency.
26        (35) Willfully or negligently violating the

 

 

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1    confidentiality between physician assistant and patient,
2    except as required by law.
3        (36) Willfully failing to report an instance of
4    suspected abuse, neglect, financial exploitation, or
5    self-neglect of an eligible adult as defined in and
6    required by the Adult Protective Services Act.
7        (37) Being named as an abuser in a verified report by
8    the Department on Aging under the Adult Protective Services
9    Act and upon proof by clear and convincing evidence that
10    the licensee abused, neglected, or financially exploited
11    an eligible adult as defined in the Adult Protective
12    Services Act.
13        (38) Failure to report to the Department an adverse
14    final action taken against him or her by another licensing
15    jurisdiction of the United States or a foreign state or
16    country, a peer review body, a health care institution, a
17    professional society or association, a governmental
18    agency, a law enforcement agency, or a court acts or
19    conduct similar to acts or conduct that would constitute
20    grounds for action under this Section.
21        (39) Failure to provide copies of records of patient
22    care or treatment, except as required by law.
23        (40) Entering into an excessive number of written
24    collaborative agreements with licensed physicians
25    resulting in an inability to adequately collaborate.
26        (41) Repeated failure to adequately collaborate with a

 

 

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1    collaborating physician.
2    (b) The Department may, without a hearing, refuse to issue
3or renew or may suspend the license of any person who fails to
4file a return, or to pay the tax, penalty or interest shown in
5a filed return, or to pay any final assessment of the tax,
6penalty, or interest as required by any tax Act administered by
7the Illinois Department of Revenue, until such time as the
8requirements of any such tax Act are satisfied.
9    (c) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission as
11provided in the Mental Health and Developmental Disabilities
12Code operates as an automatic suspension. The suspension will
13end only upon a finding by a court that the patient is no
14longer subject to involuntary admission or judicial admission
15and issues an order so finding and discharging the patient, and
16upon the recommendation of the Disciplinary Board to the
17Secretary that the licensee be allowed to resume his or her
18practice.
19    (d) In enforcing this Section, the Department upon a
20showing of a possible violation may compel an individual
21licensed to practice under this Act, or who has applied for
22licensure under this Act, to submit to a mental or physical
23examination, or both, which may include a substance abuse or
24sexual offender evaluation, as required by and at the expense
25of the Department.
26    The Department shall specifically designate the examining

 

 

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

 

 

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1excluded by reason of any common law or statutory privilege
2relating to communications between the licensee or applicant
3and the examining physician or any member of the
4multidisciplinary team. No authorization is necessary from the
5licensee or applicant ordered to undergo an examination for the
6examining physician or any member of the multidisciplinary team
7to provide information, reports, records, or other documents or
8to provide any testimony regarding the examination and
9evaluation.
10    The individual to be examined may have, at his or her own
11expense, another physician of his or her choice present during
12all aspects of this examination. However, that physician shall
13be present only to observe and may not interfere in any way
14with the examination.
15     Failure of an individual to submit to a mental or physical
16examination, when ordered, shall result in an automatic
17suspension of his or her license until the individual submits
18to the examination.
19    If the Department finds an individual unable to practice
20because of the reasons set forth in this Section, the
21Department may require that individual to submit to care,
22counseling, or treatment by physicians approved or designated
23by the Department, as a condition, term, or restriction for
24continued, reinstated, or renewed licensure to practice; or, in
25lieu of care, counseling, or treatment, the Department may file
26a complaint to immediately suspend, revoke, or otherwise

 

 

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1discipline the license of the individual. An individual whose
2license was granted, continued, reinstated, renewed,
3disciplined, or supervised subject to such terms, conditions,
4or restrictions, and who fails to comply with such terms,
5conditions, or restrictions, shall be referred to the Secretary
6for a determination as to whether the individual shall have his
7or her license suspended immediately, pending a hearing by the
8Department.
9    In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that person's
11license must be convened by the Department within 30 days after
12the suspension and completed without appreciable delay. The
13Department shall have the authority to review the subject
14individual's record of treatment and counseling regarding the
15impairment to the extent permitted by applicable federal
16statutes and regulations safeguarding the confidentiality of
17medical records.
18    An individual licensed under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate to
20the Department that he or she can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of his or her license.
23    (e) An individual or organization acting in good faith, and
24not in a willful and wanton manner, in complying with this
25Section by providing a report or other information to the
26Board, by assisting in the investigation or preparation of a

 

 

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1report or information, by participating in proceedings of the
2Board, or by serving as a member of the Board, shall not be
3subject to criminal prosecution or civil damages as a result of
4such actions.
5    (f) Members of the Board and the Disciplinary Board shall
6be indemnified by the State for any actions occurring within
7the scope of services on the Disciplinary Board or Board, done
8in good faith and not willful and wanton in nature. The
9Attorney General shall defend all such actions unless he or she
10determines either that there would be a conflict of interest in
11such representation or that the actions complained of were not
12in good faith or were willful and wanton.
13    If the Attorney General declines representation, the
14member has the right to employ counsel of his or her choice,
15whose fees shall be provided by the State, after approval by
16the Attorney General, unless there is a determination by a
17court that the member's actions were not in good faith or were
18willful and wanton.
19    The member must notify the Attorney General within 7 days
20after receipt of notice of the initiation of any action
21involving services of the Disciplinary Board. Failure to so
22notify the Attorney General constitutes an absolute waiver of
23the right to a defense and indemnification.
24    The Attorney General shall determine, within 7 days after
25receiving such notice, whether he or she will undertake to
26represent the member.

 

 

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1(Source: P.A. 100-453, eff. 8-25-17.)
 
2    Section 99. Effective date. This Act takes effect January
31, 2019.