Full Text of SB0069 96th General Assembly
SB0069sam002 96TH GENERAL ASSEMBLY
|
Sen. Ira I. Silverstein
Filed: 3/10/2009
|
|
09600SB0069sam002 |
|
LRB096 04135 ASK 23480 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 69
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 69, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The Medical Practice Act of 1987 is amended by | 6 |
| changing Section 22 and adding Section 22.2 as follows:
| 7 |
| (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 8 |
| (Section scheduled to be repealed on December 31, 2010)
| 9 |
| Sec. 22. Disciplinary action.
| 10 |
| (A) The Department may revoke, suspend, place on | 11 |
| probationary
status, refuse to renew, or take any other | 12 |
| disciplinary action as the Department may deem proper
with | 13 |
| regard to the license or visiting professor permit of any | 14 |
| person issued
under this Act to practice medicine, or to treat | 15 |
| human ailments without the use
of drugs and without operative | 16 |
| surgery upon any of the following grounds:
|
|
|
|
09600SB0069sam002 |
- 2 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| (1) Performance of an elective abortion in any place, | 2 |
| locale,
facility, or
institution other than:
| 3 |
| (a) a facility licensed pursuant to the Ambulatory | 4 |
| Surgical Treatment
Center Act;
| 5 |
| (b) an institution licensed under the Hospital | 6 |
| Licensing Act; or
| 7 |
| (c) an ambulatory surgical treatment center or | 8 |
| hospitalization or care
facility maintained by the | 9 |
| State or any agency thereof, where such department
or | 10 |
| agency has authority under law to establish and enforce | 11 |
| standards for the
ambulatory surgical treatment | 12 |
| centers, hospitalization, or care facilities
under its | 13 |
| management and control; or
| 14 |
| (d) ambulatory surgical treatment centers, | 15 |
| hospitalization or care
facilities maintained by the | 16 |
| Federal Government; or
| 17 |
| (e) ambulatory surgical treatment centers, | 18 |
| hospitalization or care
facilities maintained by any | 19 |
| university or college established under the laws
of | 20 |
| this State and supported principally by public funds | 21 |
| raised by
taxation.
| 22 |
| (2) Performance of an abortion procedure in a wilful | 23 |
| and wanton
manner on a
woman who was not pregnant at the | 24 |
| time the abortion procedure was
performed.
| 25 |
| (3) The conviction of a felony in this or any other
| 26 |
| jurisdiction, except as
otherwise provided in subsection B |
|
|
|
09600SB0069sam002 |
- 3 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| of this Section, whether or not related to
practice under | 2 |
| this Act, or the entry of a guilty or nolo contendere plea | 3 |
| to a
felony charge.
| 4 |
| (4) Gross negligence in practice under this Act.
| 5 |
| (5) Engaging in dishonorable, unethical or | 6 |
| unprofessional
conduct of a
character likely to deceive, | 7 |
| defraud or harm the public.
| 8 |
| (6) Obtaining any fee by fraud, deceit, or
| 9 |
| misrepresentation.
| 10 |
| (7) Habitual or excessive use or abuse of drugs defined | 11 |
| in law
as
controlled substances, of alcohol, or of any | 12 |
| other substances which results in
the inability to practice | 13 |
| with reasonable judgment, skill or safety.
| 14 |
| (8) Practicing under a false or, except as provided by | 15 |
| law, an
assumed
name.
| 16 |
| (9) Fraud or misrepresentation in applying for, or | 17 |
| procuring, a
license
under this Act or in connection with | 18 |
| applying for renewal of a license under
this Act.
| 19 |
| (10) Making a false or misleading statement regarding | 20 |
| their
skill or the
efficacy or value of the medicine, | 21 |
| treatment, or remedy prescribed by them at
their direction | 22 |
| in the treatment of any disease or other condition of the | 23 |
| body
or mind.
| 24 |
| (11) Allowing another person or organization to use | 25 |
| their
license, procured
under this Act, to practice.
| 26 |
| (12) Disciplinary action of another state or |
|
|
|
09600SB0069sam002 |
- 4 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| jurisdiction
against a license
or other authorization to | 2 |
| practice as a medical doctor, doctor of osteopathy,
doctor | 3 |
| of osteopathic medicine or
doctor of chiropractic, a | 4 |
| certified copy of the record of the action taken by
the | 5 |
| other state or jurisdiction being prima facie evidence | 6 |
| thereof.
| 7 |
| (13) Violation of any provision of this Act or of the | 8 |
| Medical
Practice Act
prior to the repeal of that Act, or | 9 |
| violation of the rules, or a final
administrative action of | 10 |
| the Secretary, after consideration of the
recommendation | 11 |
| of the Disciplinary Board.
| 12 |
| (14) Violation of the prohibition against fee | 13 |
| splitting in Section 22.2 of this Act. Dividing with anyone | 14 |
| other than physicians with whom the
licensee
practices in a | 15 |
| partnership, Professional Association, limited liability
| 16 |
| company, or Medical or Professional
Corporation any fee, | 17 |
| commission, rebate or other form of compensation for any
| 18 |
| professional services not actually and personally | 19 |
| rendered. Nothing contained
in this subsection prohibits | 20 |
| persons holding valid and current licenses under
this Act | 21 |
| from practicing medicine in partnership under a | 22 |
| partnership
agreement, including a limited liability | 23 |
| partnership, in a limited liability
company under the | 24 |
| Limited Liability Company Act, in a corporation authorized | 25 |
| by
the Medical Corporation Act, as an
association | 26 |
| authorized by the Professional Association Act, or in a
|
|
|
|
09600SB0069sam002 |
- 5 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| corporation under the
Professional Corporation Act or from | 2 |
| pooling, sharing, dividing or
apportioning the fees and | 3 |
| monies received by them or by the partnership,
corporation | 4 |
| or association in accordance with the partnership | 5 |
| agreement or the
policies of the Board of Directors of the | 6 |
| corporation or association. Nothing
contained in this | 7 |
| subsection prohibits 2 or more corporations authorized by | 8 |
| the
Medical Corporation Act, from forming a partnership or | 9 |
| joint venture of such
corporations, and providing medical, | 10 |
| surgical and scientific research and
knowledge by | 11 |
| employees of these corporations if such employees are | 12 |
| licensed
under this Act, or from pooling, sharing, | 13 |
| dividing, or apportioning the fees
and monies received by | 14 |
| the partnership or joint venture in accordance with the
| 15 |
| partnership or joint venture agreement. Nothing contained | 16 |
| in this subsection
shall abrogate the right of 2 or more | 17 |
| persons, holding valid and current
licenses under this Act, | 18 |
| to each receive adequate compensation for concurrently
| 19 |
| rendering professional services to a patient and divide a | 20 |
| fee; provided, the
patient has full knowledge of the | 21 |
| division, and, provided, that the division is
made in | 22 |
| proportion to the services performed and responsibility | 23 |
| assumed by
each.
| 24 |
| (15) A finding by the Medical Disciplinary Board that | 25 |
| the
registrant after
having his or her license placed on | 26 |
| probationary status or subjected to
conditions or |
|
|
|
09600SB0069sam002 |
- 6 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| restrictions violated the terms of the probation or failed | 2 |
| to
comply with such terms or conditions.
| 3 |
| (16) Abandonment of a patient.
| 4 |
| (17) Prescribing, selling, administering, | 5 |
| distributing, giving
or
self-administering any drug | 6 |
| classified as a controlled substance (designated
product) | 7 |
| or narcotic for other than medically accepted therapeutic
| 8 |
| purposes.
| 9 |
| (18) Promotion of the sale of drugs, devices, | 10 |
| appliances or
goods provided
for a patient in such manner | 11 |
| as to exploit the patient for financial gain of
the | 12 |
| physician.
| 13 |
| (19) Offering, undertaking or agreeing to cure or treat
| 14 |
| disease by a secret
method, procedure, treatment or | 15 |
| medicine, or the treating, operating or
prescribing for any | 16 |
| human condition by a method, means or procedure which the
| 17 |
| licensee refuses to divulge upon demand of the Department.
| 18 |
| (20) Immoral conduct in the commission of any act | 19 |
| including,
but not limited to, commission of an act of | 20 |
| sexual misconduct related to the
licensee's
practice.
| 21 |
| (21) Wilfully making or filing false records or reports | 22 |
| in his
or her
practice as a physician, including, but not | 23 |
| limited to, false records to
support claims against the | 24 |
| medical assistance program of the Department of Healthcare | 25 |
| and Family Services (formerly Department of
Public Aid)
| 26 |
| under the Illinois Public Aid Code.
|
|
|
|
09600SB0069sam002 |
- 7 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| (22) Wilful omission to file or record, or wilfully | 2 |
| impeding
the filing or
recording, or inducing another | 3 |
| person to omit to file or record, medical
reports as | 4 |
| required by law, or wilfully failing to report an instance | 5 |
| of
suspected abuse or neglect as required by law.
| 6 |
| (23) Being named as a perpetrator in an indicated | 7 |
| report by
the Department
of Children and Family Services | 8 |
| under the Abused and Neglected Child Reporting
Act, and | 9 |
| upon proof by clear and convincing evidence that the | 10 |
| licensee has
caused a child to be an abused child or | 11 |
| neglected child as defined in the
Abused and Neglected | 12 |
| Child Reporting Act.
| 13 |
| (24) Solicitation of professional patronage by any
| 14 |
| corporation, agents or
persons, or profiting from those | 15 |
| representing themselves to be agents of the
licensee.
| 16 |
| (25) Gross and wilful and continued overcharging for
| 17 |
| professional services,
including filing false statements | 18 |
| for collection of fees for which services are
not rendered, | 19 |
| including, but not limited to, filing such false statements | 20 |
| for
collection of monies for services not rendered from the | 21 |
| medical assistance
program of the Department of Healthcare | 22 |
| and Family Services (formerly Department of Public Aid)
| 23 |
| under the Illinois Public Aid
Code.
| 24 |
| (26) A pattern of practice or other behavior which
| 25 |
| demonstrates
incapacity
or incompetence to practice under | 26 |
| this Act.
|
|
|
|
09600SB0069sam002 |
- 8 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| (27) Mental illness or disability which results in the
| 2 |
| inability to
practice under this Act with reasonable | 3 |
| judgment, skill or safety.
| 4 |
| (28) Physical illness, including, but not limited to,
| 5 |
| deterioration through
the aging process, or loss of motor | 6 |
| skill which results in a physician's
inability to practice | 7 |
| under this Act with reasonable judgment, skill or
safety.
| 8 |
| (29) Cheating on or attempt to subvert the licensing
| 9 |
| examinations
administered under this Act.
| 10 |
| (30) Wilfully or negligently violating the | 11 |
| confidentiality
between
physician and patient except as | 12 |
| required by law.
| 13 |
| (31) The use of any false, fraudulent, or deceptive | 14 |
| statement
in any
document connected with practice under | 15 |
| this Act.
| 16 |
| (32) Aiding and abetting an individual not licensed | 17 |
| under this
Act in the
practice of a profession licensed | 18 |
| under this Act.
| 19 |
| (33) Violating state or federal laws or regulations | 20 |
| relating
to controlled
substances, legend
drugs, or | 21 |
| ephedra, as defined in the Ephedra Prohibition Act.
| 22 |
| (34) Failure to report to the Department any adverse | 23 |
| final
action taken
against them by another licensing | 24 |
| jurisdiction (any other state or any
territory of the | 25 |
| United States or any foreign state or country), by any peer
| 26 |
| review body, by any health care institution, by any |
|
|
|
09600SB0069sam002 |
- 9 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| professional society or
association related to practice | 2 |
| under this Act, by any governmental agency, by
any law | 3 |
| enforcement agency, or by any court for acts or conduct | 4 |
| similar to acts
or conduct which would constitute grounds | 5 |
| for action as defined in this
Section.
| 6 |
| (35) Failure to report to the Department surrender of a
| 7 |
| license or
authorization to practice as a medical doctor, a | 8 |
| doctor of osteopathy, a
doctor of osteopathic medicine, or | 9 |
| doctor
of chiropractic in another state or jurisdiction, or | 10 |
| surrender of membership on
any medical staff or in any | 11 |
| medical or professional association or society,
while | 12 |
| under disciplinary investigation by any of those | 13 |
| authorities or bodies,
for acts or conduct similar to acts | 14 |
| or conduct which would constitute grounds
for action as | 15 |
| defined in this Section.
| 16 |
| (36) Failure to report to the Department any adverse | 17 |
| judgment,
settlement,
or award arising from a liability | 18 |
| claim related to acts or conduct similar to
acts or conduct | 19 |
| which would constitute grounds for action as defined in | 20 |
| this
Section.
| 21 |
| (37) Failure to provide transfer copies of medical | 22 |
| records as required
by law.
| 23 |
| (38) Failure to furnish the Department, its | 24 |
| investigators or
representatives, relevant information, | 25 |
| legally requested by the Department
after consultation | 26 |
| with the Chief Medical Coordinator or the Deputy Medical
|
|
|
|
09600SB0069sam002 |
- 10 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| Coordinator.
| 2 |
| (39) Violating the Health Care Worker Self-Referral
| 3 |
| Act.
| 4 |
| (40) Willful failure to provide notice when notice is | 5 |
| required
under the
Parental Notice of Abortion Act of 1995.
| 6 |
| (41) Failure to establish and maintain records of | 7 |
| patient care and
treatment as required by this law.
| 8 |
| (42) Entering into an excessive number of written | 9 |
| collaborative
agreements with licensed advanced practice | 10 |
| nurses resulting in an inability to
adequately collaborate | 11 |
| and provide medical direction .
| 12 |
| (43) Repeated failure to adequately collaborate with | 13 |
| or provide medical
direction to a licensed advanced | 14 |
| practice nurse.
| 15 |
| Except
for actions involving the ground numbered (26), all | 16 |
| proceedings to suspend,
revoke, place on probationary status, | 17 |
| or take any
other disciplinary action as the Department may | 18 |
| deem proper, with regard to a
license on any of the foregoing | 19 |
| grounds, must be commenced within 5 years next
after receipt by | 20 |
| the Department of a complaint alleging the commission of or
| 21 |
| notice of the conviction order for any of the acts described | 22 |
| herein. Except
for the grounds numbered (8), (9), (26), and | 23 |
| (29), no action shall be commenced more
than 10 years after the | 24 |
| date of the incident or act alleged to have violated
this | 25 |
| Section. For actions involving the ground numbered (26), a | 26 |
| pattern of practice or other behavior includes all incidents |
|
|
|
09600SB0069sam002 |
- 11 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| alleged to be part of the pattern of practice or other behavior | 2 |
| that occurred or a report pursuant to Section 23 of this Act | 3 |
| received within the 10-year period preceding the filing of the | 4 |
| complaint. In the event of the settlement of any claim or cause | 5 |
| of action
in favor of the claimant or the reduction to final | 6 |
| judgment of any civil action
in favor of the plaintiff, such | 7 |
| claim, cause of action or civil action being
grounded on the | 8 |
| allegation that a person licensed under this Act was negligent
| 9 |
| in providing care, the Department shall have an additional | 10 |
| period of 2 years
from the date of notification to the | 11 |
| Department under Section 23 of this Act
of such settlement or | 12 |
| final judgment in which to investigate and
commence formal | 13 |
| disciplinary proceedings under Section 36 of this Act, except
| 14 |
| as otherwise provided by law. The time during which the holder | 15 |
| of the license
was outside the State of Illinois shall not be | 16 |
| included within any period of
time limiting the commencement of | 17 |
| disciplinary action by the Department.
| 18 |
| The entry of an order or judgment by any circuit court | 19 |
| establishing that any
person holding a license under this Act | 20 |
| is a person in need of mental treatment
operates as a | 21 |
| suspension of that license. That person may resume their
| 22 |
| practice only upon the entry of a Departmental order based upon | 23 |
| a finding by
the Medical Disciplinary Board that they have been | 24 |
| determined to be recovered
from mental illness by the court and | 25 |
| upon the Disciplinary Board's
recommendation that they be | 26 |
| permitted to resume their practice.
|
|
|
|
09600SB0069sam002 |
- 12 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| The Department may refuse to issue or take disciplinary | 2 |
| action concerning the license of any person
who fails to file a | 3 |
| return, or to pay the tax, penalty or interest shown in a
filed | 4 |
| return, or to pay any final assessment of tax, penalty or | 5 |
| interest, as
required by any tax Act administered by the | 6 |
| Illinois Department of Revenue,
until such time as the | 7 |
| requirements of any such tax Act are satisfied as
determined by | 8 |
| the Illinois Department of Revenue.
| 9 |
| The Department, upon the recommendation of the | 10 |
| Disciplinary Board, shall
adopt rules which set forth standards | 11 |
| to be used in determining:
| 12 |
| (a) when a person will be deemed sufficiently | 13 |
| rehabilitated to warrant the
public trust;
| 14 |
| (b) what constitutes dishonorable, unethical or | 15 |
| unprofessional conduct of
a character likely to deceive, | 16 |
| defraud, or harm the public;
| 17 |
| (c) what constitutes immoral conduct in the commission | 18 |
| of any act,
including, but not limited to, commission of an | 19 |
| act of sexual misconduct
related
to the licensee's | 20 |
| practice; and
| 21 |
| (d) what constitutes gross negligence in the practice | 22 |
| of medicine.
| 23 |
| However, no such rule shall be admissible into evidence in | 24 |
| any civil action
except for review of a licensing or other | 25 |
| disciplinary action under this Act.
| 26 |
| In enforcing this Section, the Medical Disciplinary Board,
|
|
|
|
09600SB0069sam002 |
- 13 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| upon a showing of a possible violation, may compel any | 2 |
| individual licensed to
practice under this Act, or who has | 3 |
| applied for licensure or a permit
pursuant to this Act, to | 4 |
| submit to a mental or physical examination, or both,
as | 5 |
| required by and at the expense of the Department. The examining | 6 |
| physician
or physicians shall be those specifically designated | 7 |
| by the Disciplinary Board.
The Medical Disciplinary Board or | 8 |
| the Department may order the examining
physician to present | 9 |
| testimony concerning this mental or physical examination
of the | 10 |
| licensee or applicant. No information shall be excluded by | 11 |
| reason of
any common
law or statutory privilege relating to | 12 |
| communication between the licensee or
applicant and
the | 13 |
| examining physician.
The individual to be examined may have, at | 14 |
| his or her own expense, another
physician of his or her choice | 15 |
| present during all aspects of the examination.
Failure of any | 16 |
| individual to submit to mental or physical examination, when
| 17 |
| directed, shall be grounds for suspension of his or her license | 18 |
| until such time
as the individual submits to the examination if | 19 |
| the Disciplinary Board finds,
after notice and hearing, that | 20 |
| the refusal to submit to the examination was
without reasonable | 21 |
| cause. If the Disciplinary Board finds a physician unable
to | 22 |
| practice because of the reasons set forth in this Section, the | 23 |
| Disciplinary
Board shall require such physician to submit to | 24 |
| care, counseling, or treatment
by physicians approved or | 25 |
| designated by the Disciplinary Board, as a condition
for | 26 |
| continued, reinstated, or renewed licensure to practice. Any |
|
|
|
09600SB0069sam002 |
- 14 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| physician,
whose license was granted pursuant to Sections 9, | 2 |
| 17, or 19 of this Act, or,
continued, reinstated, renewed, | 3 |
| disciplined or supervised, subject to such
terms, conditions or | 4 |
| restrictions who shall fail to comply with such terms,
| 5 |
| conditions or restrictions, or to complete a required program | 6 |
| of care,
counseling, or treatment, as determined by the Chief | 7 |
| Medical Coordinator or
Deputy Medical Coordinators, shall be | 8 |
| referred to the Secretary for a
determination as to whether the | 9 |
| licensee shall have their license suspended
immediately, | 10 |
| pending a hearing by the Disciplinary Board. In instances in
| 11 |
| which the Secretary immediately suspends a license under this | 12 |
| Section, a hearing
upon such person's license must be convened | 13 |
| by the Disciplinary Board within 15
days after such suspension | 14 |
| and completed without appreciable delay. The
Disciplinary | 15 |
| Board shall have the authority to review the subject | 16 |
| physician's
record of treatment and counseling regarding the | 17 |
| impairment, to the extent
permitted by applicable federal | 18 |
| statutes and regulations safeguarding the
confidentiality of | 19 |
| medical records.
| 20 |
| An individual licensed under this Act, affected under this | 21 |
| Section, shall be
afforded an opportunity to demonstrate to the | 22 |
| Disciplinary Board that they can
resume practice in compliance | 23 |
| with acceptable and prevailing standards under
the provisions | 24 |
| of their license.
| 25 |
| The Department may promulgate rules for the imposition of | 26 |
| fines in
disciplinary cases, not to exceed
$10,000 for each |
|
|
|
09600SB0069sam002 |
- 15 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| violation of this Act. Fines
may be imposed in conjunction with | 2 |
| other forms of disciplinary action, but
shall not be the | 3 |
| exclusive disposition of any disciplinary action arising out
of | 4 |
| conduct resulting in death or injury to a patient. Any funds | 5 |
| collected from
such fines shall be deposited in the Medical | 6 |
| Disciplinary Fund.
| 7 |
| (B) The Department shall revoke the license or visiting
| 8 |
| permit of any person issued under this Act to practice medicine | 9 |
| or to treat
human ailments without the use of drugs and without | 10 |
| operative surgery, who
has been convicted a second time of | 11 |
| committing any felony under the
Illinois Controlled Substances | 12 |
| Act or the Methamphetamine Control and Community Protection | 13 |
| Act, or who has been convicted a second time of
committing a | 14 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | 15 |
| Public
Aid Code. A person whose license or visiting permit is | 16 |
| revoked
under
this subsection B of Section 22 of this Act shall | 17 |
| be prohibited from practicing
medicine or treating human | 18 |
| ailments without the use of drugs and without
operative | 19 |
| surgery.
| 20 |
| (C) The Medical Disciplinary Board shall recommend to the
| 21 |
| Department civil
penalties and any other appropriate | 22 |
| discipline in disciplinary cases when the
Board finds that a | 23 |
| physician willfully performed an abortion with actual
| 24 |
| knowledge that the person upon whom the abortion has been | 25 |
| performed is a minor
or an incompetent person without notice as | 26 |
| required under the Parental Notice
of Abortion Act of 1995. |
|
|
|
09600SB0069sam002 |
- 16 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| Upon the Board's recommendation, the Department shall
impose, | 2 |
| for the first violation, a civil penalty of $1,000 and for a | 3 |
| second or
subsequent violation, a civil penalty of $5,000.
| 4 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; | 5 |
| 95-331, eff. 8-21-07 .)
| 6 |
| (225 ILCS 60/22.2 new)
| 7 |
| (Section scheduled to be repealed on December 31, 2010) | 8 |
| Sec. 22.2. Prohibition against fee splitting. | 9 |
| (a) A licensee under this Act may not directly or | 10 |
| indirectly divide, share or split any professional fee or other | 11 |
| form of compensation for professional services with anyone in | 12 |
| exchange for a referral or otherwise, other than as provided in | 13 |
| this Section 22.2. | 14 |
| (b) Nothing contained in this Section abrogates the right | 15 |
| of 2 or more licensed health care workers as defined in the | 16 |
| Health Care Worker Self-referral Act to each receive adequate | 17 |
| compensation for concurrently rendering services to a patient | 18 |
| and to divide the fee for such service, whether or not the | 19 |
| worker is employed, provided that the patient has full | 20 |
| knowledge of the division and the division is made in | 21 |
| proportion to the actual services personally performed and | 22 |
| responsibility assumed by each licensee consistent with his or | 23 |
| her license, except as prohibited by law. | 24 |
| (c) Nothing contained in this Section prohibits a licensee | 25 |
| under this Act from practicing medicine through or within any |
|
|
|
09600SB0069sam002 |
- 17 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| form of legal entity authorized to conduct business in this | 2 |
| State or from pooling, sharing, dividing, or apportioning the | 3 |
| professional fees and other revenues in accordance with the | 4 |
| agreements and policies of the entity provided: | 5 |
| (1) each owner of the entity is licensed under this | 6 |
| Act; | 7 |
| (2) the entity is organized under the Medical | 8 |
| Corporation Act, the Professional Services Corporation | 9 |
| Act, the Professional Association Act, or the Limited | 10 |
| Liability Company Act; | 11 |
| (3) the entity is allowed by Illinois law to provide | 12 |
| physician services or employ physicians such as a licensed | 13 |
| hospital or hospital affiliate or licensed ambulatory | 14 |
| surgical treatment center owned in full or in part by | 15 |
| Illinois-licensed physicians; or | 16 |
| (4) the entity is a combination or joint venture of the | 17 |
| entities authorized under this subsection (c). | 18 |
| (d) Nothing contained in this Section prohibits a licensee | 19 |
| under this Act from paying a fair market value fee to any | 20 |
| person or entity whose purpose is to perform billing, | 21 |
| administrative preparation, or collection services based upon | 22 |
| a percentage of professional service fees billed or collected, | 23 |
| a flat fee, or any other arrangement that directly or | 24 |
| indirectly divides professional fees, for the administrative | 25 |
| preparation of the licensee's claims or the collection of the | 26 |
| licensee's charges for professional services, provided that: |
|
|
|
09600SB0069sam002 |
- 18 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| (i) the licensee or the licensee's practice under | 2 |
| subsection (c) of this Section at all times controls the | 3 |
| amount of fees charged and collected; and | 4 |
| (ii) all charges collected are paid directly to the | 5 |
| licensee or the licensee's practice or are deposited | 6 |
| directly into an account in the name of and under the sole | 7 |
| control of the licensee or the licensee's practice or | 8 |
| deposited into a "Trust Account" by a licensed collection | 9 |
| agency in accordance with the requirements of Section 8(c) | 10 |
| of the Illinois Collection Agency Act. | 11 |
| (e) Nothing contained in this Section prohibits the | 12 |
| granting of a security interest in the accounts receivable or | 13 |
| fees of a licensee under this Act or the licensee's practice | 14 |
| for bona fide advances made to the licensee or licensee's | 15 |
| practice provided the licensee retains control and | 16 |
| responsibility for the collection of the accounts receivable | 17 |
| and fees. | 18 |
| (f) Excluding payments that may be made to the owners of or | 19 |
| licensees in the licensee's practice under subsection (c), a | 20 |
| licensee under this Act may not divide, share or split a | 21 |
| professional service fee with, or otherwise directly or | 22 |
| indirectly pay a percentage of the licensee's professional | 23 |
| service fees, revenues or profits to anyone for: (i) the | 24 |
| marketing or management of the licensee's practice, (ii) | 25 |
| including the licensee or the licensee's practice on any | 26 |
| preferred provider list, (iii) allowing the licensee to |
|
|
|
09600SB0069sam002 |
- 19 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| participate in any network of health care providers, (iv) | 2 |
| negotiating fees, charges or terms of service or payment on | 3 |
| behalf of the licensee, or (v) including the licensee in a | 4 |
| program whereby patients or beneficiaries are provided an | 5 |
| incentive to use the services of the licensee. | 6 |
| (g) Nothing contained in this Section prohibits the payment | 7 |
| of rent or other remuneration paid at fair market value to an | 8 |
| individual, partnership, or corporation by a licensee for the | 9 |
| lease, rental, or use of space, staff, administrative services, | 10 |
| or equipment owned or controlled by the individual, | 11 |
| partnership, or corporation, or the receipt thereof by a | 12 |
| licensee. | 13 |
| Section 10. The Illinois Optometric Practice Act of 1987 is | 14 |
| amended by changing Section 24 and by adding Section 24.2 as | 15 |
| follows:
| 16 |
| (225 ILCS 80/24) (from Ch. 111, par. 3924)
| 17 |
| (Section scheduled to be repealed on January 1, 2017)
| 18 |
| Sec. 24. Grounds for disciplinary action.
| 19 |
| (a) The Department may refuse to issue or to renew, or may
| 20 |
| revoke, suspend, place on probation, reprimand or take other
| 21 |
| disciplinary action as the Department may deem proper, | 22 |
| including fines not
to exceed $10,000 for each violation, with | 23 |
| regard to any license for any one or combination of the | 24 |
| following causes:
|
|
|
|
09600SB0069sam002 |
- 20 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| (1) Violations of this Act, or of the rules promulgated
| 2 |
| hereunder.
| 3 |
| (2) Conviction of or entry of a plea of guilty to any | 4 |
| crime under the laws of any U.S. jurisdiction
thereof that | 5 |
| is a felony or that is a misdemeanor of which an essential | 6 |
| element
is dishonesty, or any crime that is directly | 7 |
| related to the practice of the
profession.
| 8 |
| (3) Making any misrepresentation for the purpose of | 9 |
| obtaining a
license.
| 10 |
| (4) Professional incompetence or gross negligence in | 11 |
| the
practice of optometry.
| 12 |
| (5) Gross malpractice, prima facie evidence
of which | 13 |
| may be a conviction or judgment of
malpractice in any court | 14 |
| of competent jurisdiction.
| 15 |
| (6) Aiding or assisting another person in violating any
| 16 |
| provision of this Act or rules.
| 17 |
| (7) Failing, within 60 days, to provide information in | 18 |
| response
to a
written request made by the Department that | 19 |
| has been sent by
certified or
registered mail to the | 20 |
| licensee's last known address.
| 21 |
| (8) Engaging in dishonorable, unethical, or | 22 |
| unprofessional
conduct of a
character likely to deceive, | 23 |
| defraud, or harm the public.
| 24 |
| (9) Habitual or excessive use or addiction to alcohol,
| 25 |
| narcotics,
stimulants or any other chemical agent or drug | 26 |
| that results in
the
inability to practice with reasonable |
|
|
|
09600SB0069sam002 |
- 21 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| judgment, skill, or safety.
| 2 |
| (10) Discipline by another U.S. jurisdiction or | 3 |
| foreign
nation, if at
least one of the grounds for the | 4 |
| discipline is the same or substantially
equivalent to those | 5 |
| set forth herein.
| 6 |
| (11) Violation of the prohibition against fee | 7 |
| splitting in Section 24.2 of this Act. Directly or | 8 |
| indirectly giving to or receiving from any
person, firm,
| 9 |
| corporation, partnership, or association any fee, | 10 |
| commission, rebate, or
other form of compensation for any | 11 |
| professional services not actually or
personally rendered. | 12 |
| This shall not be deemed to include (i) rent or other
| 13 |
| remunerations paid to an individual, partnership, or | 14 |
| corporation by an
optometrist for the lease, rental, or use | 15 |
| of space, owned or controlled, by
the individual, | 16 |
| partnership, corporation or association, and (ii) the
| 17 |
| division of fees between an optometrist and related | 18 |
| professional service
providers with whom the optometrist | 19 |
| practices in a
professional corporation organized under | 20 |
| Section 3.6 of the Professional
Service Corporation Act.
| 21 |
| (12) A finding by the Department that the licensee, | 22 |
| after
having his or
her
license placed on probationary | 23 |
| status has violated the terms of
probation.
| 24 |
| (13) Abandonment of a patient.
| 25 |
| (14) Willfully making or filing false records or | 26 |
| reports in
his or her
practice,
including but not limited |
|
|
|
09600SB0069sam002 |
- 22 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| to false records filed with State agencies or
departments.
| 2 |
| (15) Willfully failing to report an instance of | 3 |
| suspected
child abuse or
neglect as required by the Abused | 4 |
| and Neglected Child Reporting Act.
| 5 |
| (16) Physical illness, including but not limited to,
| 6 |
| deterioration
through the aging process, or loss of motor | 7 |
| skill, mental illness, or
disability that results in the
| 8 |
| inability to practice the profession with reasonable | 9 |
| judgment, skill,
or safety.
| 10 |
| (17) Solicitation of professional services other than
| 11 |
| permitted
advertising.
| 12 |
| (18) Failure to provide a patient with a copy of his or
| 13 |
| her record or
prescription in accordance with federal law.
| 14 |
| (19) Conviction by any court of competent | 15 |
| jurisdiction, either
within or
without this State, of any | 16 |
| violation of any law governing the practice of
optometry, | 17 |
| conviction in this or another State of any crime that
is a
| 18 |
| felony under the laws of this State or conviction of a | 19 |
| felony in a federal
court, if the Department determines, | 20 |
| after investigation, that such person
has not been | 21 |
| sufficiently rehabilitated to warrant the public trust.
| 22 |
| (20) A finding that licensure has been applied for or | 23 |
| obtained
by
fraudulent means.
| 24 |
| (21) Continued practice by a person knowingly having an
| 25 |
| infectious
or contagious
disease.
| 26 |
| (22) Being named as a perpetrator in an indicated |
|
|
|
09600SB0069sam002 |
- 23 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| report by
the
Department of Children and Family Services | 2 |
| under the Abused and
Neglected Child Reporting Act, and | 3 |
| upon proof by clear and
convincing evidence that the | 4 |
| licensee has caused a child to be an abused
child or a | 5 |
| neglected child as defined in the Abused and Neglected | 6 |
| Child
Reporting Act.
| 7 |
| (23) Practicing or attempting to practice under a name | 8 |
| other
than the
full name as shown on his or her license.
| 9 |
| (24) Immoral conduct in the commission of any act, such | 10 |
| as
sexual abuse,
sexual misconduct or sexual exploitation, | 11 |
| related to the licensee's
practice.
| 12 |
| (25) Maintaining a professional relationship with any | 13 |
| person,
firm, or
corporation when the optometrist knows, or | 14 |
| should know, that such person,
firm, or corporation is | 15 |
| violating this Act.
| 16 |
| (26) Promotion of the sale of drugs, devices, | 17 |
| appliances or
goods
provided for a client or patient in | 18 |
| such manner as to exploit the patient
or client for | 19 |
| financial gain of the licensee.
| 20 |
| (27) Using the title "Doctor" or its abbreviation | 21 |
| without
further
qualifying that title or abbreviation with | 22 |
| the word "optometry" or
"optometrist".
| 23 |
| (28) Use by a licensed optometrist of the
word
| 24 |
| "infirmary",
"hospital", "school", "university", in | 25 |
| English or any other
language, in connection with the place | 26 |
| where optometry may be practiced or
demonstrated.
|
|
|
|
09600SB0069sam002 |
- 24 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| (29) Continuance of an optometrist in the employ of any
| 2 |
| person, firm or
corporation, or as an assistant to any | 3 |
| optometrist or optometrists,
directly or indirectly, after | 4 |
| his or her employer or superior has been
found
guilty of | 5 |
| violating or has been enjoined from violating the laws of | 6 |
| the
State of Illinois relating to the practice of | 7 |
| optometry, when the employer
or superior persists in that | 8 |
| violation.
| 9 |
| (30) The performance of optometric service in | 10 |
| conjunction with
a scheme
or plan with another person, firm | 11 |
| or corporation known to be advertising in
a manner contrary | 12 |
| to this Act or otherwise violating the laws of the State of
| 13 |
| Illinois concerning the practice of optometry.
| 14 |
| (31) Failure to provide satisfactory proof of having
| 15 |
| participated in
approved continuing education programs as | 16 |
| determined by the Board and
approved by the Secretary. | 17 |
| Exceptions for extreme hardships are to be
defined by the | 18 |
| rules of the Department.
| 19 |
| (32) Willfully making or filing false records or | 20 |
| reports in
the practice
of optometry, including, but not | 21 |
| limited to false records to support claims
against the | 22 |
| medical assistance program of the Department of Healthcare | 23 |
| and Family Services (formerly Department of Public Aid)
| 24 |
| under the Illinois Public Aid Code.
| 25 |
| (33) Gross and willful overcharging for professional | 26 |
| services
including
filing false statements for collection |
|
|
|
09600SB0069sam002 |
- 25 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| of fees for which services are not
rendered, including, but | 2 |
| not limited to filing false statements for
collection of | 3 |
| monies for services not rendered from the medical | 4 |
| assistance
program of the Department of Healthcare and | 5 |
| Family Services (formerly Department of Public Aid) under | 6 |
| the Illinois Public Aid
Code.
| 7 |
| (34) In the absence of good reasons to the contrary, | 8 |
| failure
to perform a
minimum eye examination as required by | 9 |
| the rules of the Department.
| 10 |
| (35) Violation of the Health Care Worker Self-Referral | 11 |
| Act.
| 12 |
| The Department may refuse to issue or may suspend the | 13 |
| license of any person who fails to file a return, or to pay the | 14 |
| tax,
penalty or interest shown in a filed return, or to pay any | 15 |
| final assessment
of the tax, penalty or interest, as required | 16 |
| by any tax Act administered by
the Illinois Department of | 17 |
| Revenue, until such time as the requirements of
any such tax | 18 |
| Act are satisfied.
| 19 |
| (a-5) In enforcing this Section, the Board upon a showing | 20 |
| of a possible
violation, may compel any individual licensed to | 21 |
| practice under this Act, or
who has applied for licensure or | 22 |
| certification pursuant to this Act,
to submit to a
mental or | 23 |
| physical
examination, or both, as required by and at the | 24 |
| expense of the Department. The
examining physicians or clinical | 25 |
| psychologists shall be those specifically
designated by the | 26 |
| Board. The Board or the Department may order the examining
|
|
|
|
09600SB0069sam002 |
- 26 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| physician or clinical psychologist to present testimony | 2 |
| concerning this mental
or physical examination of the licensee | 3 |
| or applicant. No information shall be
excluded by reason of any | 4 |
| common law or statutory privilege relating to
communications | 5 |
| between the licensee or applicant and the examining physician | 6 |
| or
clinical psychologist. Eye examinations may be provided by a | 7 |
| licensed
optometrist. The individual to be examined may have,
| 8 |
| at his or her own expense, another physician of his or her | 9 |
| choice present
during all aspects of the examination. Failure | 10 |
| of any individual to submit to
a mental or physical | 11 |
| examination, when directed, shall be grounds for
suspension of | 12 |
| a license until such time as the individual submits to the
| 13 |
| examination if the Board finds, after notice and hearing, that | 14 |
| the refusal to
submit to the examination was without reasonable | 15 |
| cause.
| 16 |
| If the Board finds an individual unable to practice because | 17 |
| of the reasons
set forth in this Section, the Board shall | 18 |
| require such individual to submit to
care, counseling, or | 19 |
| treatment by physicians or clinical psychologists approved
or | 20 |
| designated by the Board, as a condition, term, or restriction | 21 |
| for continued,
reinstated, or renewed licensure to practice, or | 22 |
| in lieu of care, counseling,
or treatment, the Board may | 23 |
| recommend to the Department to file a complaint to immediately | 24 |
| suspend, revoke, or otherwise discipline the
license of the | 25 |
| individual, or the Board may recommend to the Department to | 26 |
| file
a complaint to suspend, revoke, or otherwise discipline |
|
|
|
09600SB0069sam002 |
- 27 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| the license of the
individual. Any individual whose license was | 2 |
| granted pursuant to this Act, or
continued, reinstated, | 3 |
| renewed, disciplined, or supervised, subject to such
| 4 |
| conditions, terms, or restrictions, who shall fail to comply | 5 |
| with such
conditions, terms, or restrictions, shall be referred | 6 |
| to the Secretary for a
determination as to whether the | 7 |
| individual shall have his or her license
suspended immediately, | 8 |
| pending a hearing by the Board.
| 9 |
| (b) The determination by a circuit court that a licensee is | 10 |
| subject to
involuntary admission or judicial admission as | 11 |
| provided in the Mental
Health and Developmental Disabilities | 12 |
| Code operates as an
automatic suspension. The suspension will | 13 |
| end only upon a finding by a
court that the patient is no | 14 |
| longer subject to involuntary admission or
judicial admission | 15 |
| and issues an order so finding and discharging the
patient; and | 16 |
| upon the recommendation of the Board to the Secretary
that
the | 17 |
| licensee be allowed to resume his or her practice.
| 18 |
| (Source: P.A. 94-787, eff. 5-19-06.)
| 19 |
| (225 ILCS 80/24.2 new)
| 20 |
| (Section scheduled to be repealed on January 1, 2017) | 21 |
| Sec. 24.2. Prohibition against fee splitting. | 22 |
| (a) A licensee under this Act may not directly or | 23 |
| indirectly divide, share or split any professional fee or other | 24 |
| form of compensation for professional services with anyone in | 25 |
| exchange for a referral or otherwise, other than as provided in |
|
|
|
09600SB0069sam002 |
- 28 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| this Section 24.2. | 2 |
| (b) Nothing contained in this Section abrogates the right | 3 |
| of 2 or more licensed health care workers as defined in the | 4 |
| Health Care Worker Self-referral Act to each receive adequate | 5 |
| compensation for concurrently rendering services to a patient | 6 |
| and to divide the fee for such service, whether or not the | 7 |
| worker is employed, provided that the patient has full | 8 |
| knowledge of the division and the division is made in | 9 |
| proportion to the actual services personally performed and | 10 |
| responsibility assumed by each licensee consistent with his or | 11 |
| her license, except as prohibited by law. | 12 |
| (c) Nothing contained in this Section prohibits a licensee | 13 |
| under this Act from practicing optometry through or within any | 14 |
| form of legal entity authorized to conduct business in this | 15 |
| State or from pooling, sharing, dividing, or apportioning the | 16 |
| professional fees and other revenues in accordance with the | 17 |
| agreements and policies of the entity provided: | 18 |
| (1) each owner of the entity is licensed under this | 19 |
| Act; | 20 |
| (2) the entity is organized under the Professional | 21 |
| Services Corporation Act, the Professional Association | 22 |
| Act, or the Limited Liability Company Act; | 23 |
| (3) the entity is allowed by Illinois law to provide | 24 |
| optometric services or employ optometrists such as a | 25 |
| licensed hospital or hospital affiliate or licensed | 26 |
| ambulatory surgical treatment center owned in full or in |
|
|
|
09600SB0069sam002 |
- 29 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| part by Illinois-licensed physicians; or | 2 |
| (4) the entity is a combination or joint venture of the | 3 |
| entities authorized under this subsection (c). | 4 |
| (d) Nothing contained in this Section prohibits a licensee | 5 |
| under this Act from paying a fair market value fee to any | 6 |
| person or entity whose purpose is to perform billing, | 7 |
| administrative preparation, or collection services based upon | 8 |
| a percentage of professional service fees billed or collected, | 9 |
| a flat fee, or any other arrangement that directly or | 10 |
| indirectly divides professional fees, for the administrative | 11 |
| preparation of the licensee's claims or the collection of the | 12 |
| licensee's charges for professional services, provided that: | 13 |
| (i) the licensee or the licensee's practice under | 14 |
| subsection (c) at all times controls the amount of fees | 15 |
| charged and collected; and | 16 |
| (ii) all charges collected are paid directly to the | 17 |
| licensee or the licensee's practice or are deposited | 18 |
| directly into an account in the name of and under the sole | 19 |
| control of the licensee or the licensee's practice or | 20 |
| deposited into a "Trust Account" by a licensed collection | 21 |
| agency in accordance with the requirements of Section 8(c) | 22 |
| of the Illinois Collection Agency Act. | 23 |
| (e) Nothing contained in this Section prohibits the | 24 |
| granting of a security interest in the accounts receivable or | 25 |
| fees of a licensee under this Act or the licensee's practice | 26 |
| for bona fide advances made to the licensee or licensee's |
|
|
|
09600SB0069sam002 |
- 30 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| practice provided the licensee retains control and | 2 |
| responsibility for the collection of the accounts receivable | 3 |
| and fees. | 4 |
| (f) Excluding payments that may be made to the owners of or | 5 |
| licensees in the licensee's practice under subsection (c), a | 6 |
| licensee under this Act may not divide, share or split a | 7 |
| professional service fee with, or otherwise directly or | 8 |
| indirectly pay a percentage of the licensee's professional | 9 |
| service fees, revenues or profits to anyone for: (i) the | 10 |
| marketing or management of the licensee's practice, (ii) | 11 |
| including the licensee or the licensee's practice on any | 12 |
| preferred provider list, (iii) allowing the licensee to | 13 |
| participate in any network of health care providers, (iv) | 14 |
| negotiating fees, charges or terms of service or payment on | 15 |
| behalf of the licensee, or (v) including the licensee in a | 16 |
| program whereby patients or beneficiaries are provided an | 17 |
| incentive to use the services of the licensee. | 18 |
| (g) Nothing contained in this Section prohibits the payment | 19 |
| of rent or other remuneration paid at fair market value to an | 20 |
| individual, partnership, or corporation by a licensee for the | 21 |
| lease, rental, or use of space, staff, administrative services, | 22 |
| or equipment owned or controlled by the individual, | 23 |
| partnership, or corporation, or the receipt thereof by a | 24 |
| licensee.
| 25 |
| Section 99. Effective date. This Act takes effect upon |
|
|
|
09600SB0069sam002 |
- 31 - |
LRB096 04135 ASK 23480 a |
|
| 1 |
| becoming law.".
|
|