Illinois General Assembly - Full Text of SB1496
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Full Text of SB1496  98th General Assembly


Rep. Michael J. Zalewski

Filed: 10/21/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1496, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Regulatory Sunset Act is amended by
6changing Section 4.24 as follows:
7    (5 ILCS 80/4.24)
8    Sec. 4.24. Act Acts repealed on December 31 January 1,
92014. The following Act is Acts are repealed on December 31
10January 1, 2014:
11    The Medical Practice Act of 1987.
12(Source: P.A. 97-1139, eff. 12-28-12; 98-140, eff. 12-31-13;
1398-253, eff. 8-9-13; 98-254, eff. 8-9-13; 98-264, eff.
1412-31-13; 98-339, eff. 12-31-13; 98-363, eff. 8-16-13; 98-364,
15eff. 12-31-13; 98-445, eff. 12-31-13; revised 8-27-13.)



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1    (5 ILCS 80/4.23 rep.)
2    Section 7. The Regulatory Sunset Act is amended by
3repealing Section 4.23.
4    Section 10. The Medical Practice Act of 1987 is amended by
5by adding Section 9.3 and changing Sections 22 and 23 as
7    (225 ILCS 60/9.3 new)
8    Sec. 9.3. Withdrawal of application. Any applicant
9applying for a license or permit under this Act may withdraw
10his or her application at any time. If an applicant withdraws
11his or her application after receipt of a written Notice of
12Intent to Deny License or Permit, then the withdrawal shall be
13reported to the Federation of State Medical Boards.
14    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
15    (Section scheduled to be repealed on December 31, 2013)
16    Sec. 22. Disciplinary action.
17    (A) The Department may revoke, suspend, place on probation,
18reprimand, refuse to issue or renew, or take any other
19disciplinary or non-disciplinary action as the Department may
20deem proper with regard to the license or permit of any person
21issued under this Act to practice medicine, or a chiropractic
22physician, including imposing fines not to exceed $10,000 for
23each violation, upon any of the following grounds:



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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;
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;
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) A plea of guilty or nolo contendere, finding of
26    guilt, jury verdict, or entry of judgment or sentencing,



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



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



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



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



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



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



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1    nurses resulting in an inability to adequately
2    collaborate.
3        (43) Repeated failure to adequately collaborate with a
4    licensed advanced practice nurse.
5        (44) Violating the Compassionate Use of Medical
6    Cannabis Pilot Program Act.
7    Except for actions involving the ground numbered (26), all
8proceedings to suspend, revoke, place on probationary status,
9or take any other disciplinary action as the Department may
10deem proper, with regard to a license on any of the foregoing
11grounds, must be commenced within 5 years next after receipt by
12the Department of a complaint alleging the commission of or
13notice of the conviction order for any of the acts described
14herein. Except for the grounds numbered (8), (9), (26), and
15(29), no action shall be commenced more than 10 years after the
16date of the incident or act alleged to have violated this
17Section. For actions involving the ground numbered (26), a
18pattern of practice or other behavior includes all incidents
19alleged to be part of the pattern of practice or other behavior
20that occurred, or a report pursuant to Section 23 of this Act
21received, within the 10-year period preceding the filing of the
22complaint. In the event of the settlement of any claim or cause
23of action in favor of the claimant or the reduction to final
24judgment of any civil action in favor of the plaintiff, such
25claim, cause of action or civil action being grounded on the
26allegation that a person licensed under this Act was negligent



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1in providing care, the Department shall have an additional
2period of 2 years from the date of notification to the
3Department under Section 23 of this Act of such settlement or
4final judgment in which to investigate and commence formal
5disciplinary proceedings under Section 36 of this Act, except
6as otherwise provided by law. The time during which the holder
7of the license was outside the State of Illinois shall not be
8included within any period of time limiting the commencement of
9disciplinary action by the Department.
10    The entry of an order or judgment by any circuit court
11establishing that any person holding a license under this Act
12is a person in need of mental treatment operates as a
13suspension of that license. That person may resume their
14practice only upon the entry of a Departmental order based upon
15a finding by the Disciplinary Board that they have been
16determined to be recovered from mental illness by the court and
17upon the Disciplinary Board's recommendation that they be
18permitted to resume their practice.
19    The Department may refuse to issue or take disciplinary
20action concerning the license of any person who fails to file a
21return, or to pay the tax, penalty or interest shown in a filed
22return, or to pay any final assessment of tax, penalty or
23interest, as required by any tax Act administered by the
24Illinois Department of Revenue, until such time as the
25requirements of any such tax Act are satisfied as determined by
26the Illinois Department of Revenue.



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1    The Department, upon the recommendation of the
2Disciplinary Board, shall adopt rules which set forth standards
3to be used in determining:
4        (a) when a person will be deemed sufficiently
5    rehabilitated to warrant the public trust;
6        (b) what constitutes dishonorable, unethical or
7    unprofessional conduct of a character likely to deceive,
8    defraud, or harm the public;
9        (c) what constitutes immoral conduct in the commission
10    of any act, including, but not limited to, commission of an
11    act of sexual misconduct related to the licensee's
12    practice; and
13        (d) what constitutes gross negligence in the practice
14    of medicine.
15    However, no such rule shall be admissible into evidence in
16any civil action except for review of a licensing or other
17disciplinary action under this Act.
18    In enforcing this Section, the Disciplinary Board or the
19Licensing Board, upon a showing of a possible violation, may
20compel, in the case of the Disciplinary Board, any individual
21who is licensed to practice under this Act or holds a permit to
22practice under this Act, or, in the case of the Licensing
23Board, any individual who has applied for licensure or a permit
24pursuant to this Act, to submit to a mental or physical
25examination and evaluation, or both, which may include a
26substance abuse or sexual offender evaluation, as required by



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1the Licensing Board or Disciplinary Board and at the expense of
2the Department. The Disciplinary Board or Licensing Board shall
3specifically designate the examining physician licensed to
4practice medicine in all of its branches or, if applicable, the
5multidisciplinary team involved in providing the mental or
6physical examination and evaluation, or both. The
7multidisciplinary team shall be led by a physician licensed to
8practice medicine in all of its branches and may consist of one
9or more or a combination of physicians licensed to practice
10medicine in all of its branches, licensed chiropractic
11physicians, licensed clinical psychologists, licensed clinical
12social workers, licensed clinical professional counselors, and
13other professional and administrative staff. Any examining
14physician or member of the multidisciplinary team may require
15any person ordered to submit to an examination and evaluation
16pursuant to this Section to submit to any additional
17supplemental testing deemed necessary to complete any
18examination or evaluation process, including, but not limited
19to, blood testing, urinalysis, psychological testing, or
20neuropsychological testing. The Disciplinary Board, the
21Licensing Board, or the Department may order the examining
22physician or any member of the multidisciplinary team to
23provide to the Department, the Disciplinary Board, or the
24Licensing Board any and all records, including business
25records, that relate to the examination and evaluation,
26including any supplemental testing performed. The Disciplinary



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1Board, the Licensing Board, or the Department may order the
2examining physician or any member of the multidisciplinary team
3to present testimony concerning this examination and
4evaluation of the licensee, permit holder, or applicant,
5including testimony concerning any supplemental testing or
6documents relating to the examination and evaluation. No
7information, report, record, or other documents in any way
8related to the examination and evaluation shall be excluded by
9reason of any common law or statutory privilege relating to
10communication between the licensee or applicant and the
11examining physician or any member of the multidisciplinary
12team. No authorization is necessary from the licensee, permit
13holder, or applicant ordered to undergo an evaluation and
14examination for the examining physician or any member of the
15multidisciplinary team to provide information, reports,
16records, or other documents or to provide any testimony
17regarding the examination and evaluation. The individual to be
18examined may have, at his or her own expense, another physician
19of his or her choice present during all aspects of the
20examination. Failure of any individual to submit to mental or
21physical examination and evaluation, or both, when directed,
22shall result in an automatic suspension, without hearing, until
23such time as the individual submits to the examination. If the
24Disciplinary Board finds a physician unable to practice because
25of the reasons set forth in this Section, the Disciplinary
26Board shall require such physician to submit to care,



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1counseling, or treatment by physicians approved or designated
2by the Disciplinary Board, as a condition for continued,
3reinstated, or renewed licensure to practice. Any physician,
4whose license was granted pursuant to Sections 9, 17, or 19 of
5this Act, or, continued, reinstated, renewed, disciplined or
6supervised, subject to such terms, conditions or restrictions
7who shall fail to comply with such terms, conditions or
8restrictions, or to complete a required program of care,
9counseling, or treatment, as determined by the Chief Medical
10Coordinator or Deputy Medical Coordinators, shall be referred
11to the Secretary for a determination as to whether the licensee
12shall have their license suspended immediately, pending a
13hearing by the Disciplinary Board. In instances in which the
14Secretary immediately suspends a license under this Section, a
15hearing upon such person's license must be convened by the
16Disciplinary Board within 15 days after such suspension and
17completed without appreciable delay. The Disciplinary Board
18shall have the authority to review the subject physician's
19record of treatment and counseling regarding the impairment, to
20the extent permitted by applicable federal statutes and
21regulations safeguarding the confidentiality of medical
23    An individual licensed under this Act, affected under this
24Section, shall be afforded an opportunity to demonstrate to the
25Disciplinary Board that they can resume practice in compliance
26with acceptable and prevailing standards under the provisions



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1of their license.
2    The Department may promulgate rules for the imposition of
3fines in disciplinary cases, not to exceed $10,000 for each
4violation of this Act. Fines may be imposed in conjunction with
5other forms of disciplinary action, but shall not be the
6exclusive disposition of any disciplinary action arising out of
7conduct resulting in death or injury to a patient. Any funds
8collected from such fines shall be deposited in the Medical
9Disciplinary Fund.
10    All fines imposed under this Section shall be paid within
1160 days after the effective date of the order imposing the fine
12or in accordance with the terms set forth in the order imposing
13the fine.
14    (B) The Department shall revoke the license or permit
15issued under this Act to practice medicine or a chiropractic
16physician who has been convicted a second time of committing
17any felony under the Illinois Controlled Substances Act or the
18Methamphetamine Control and Community Protection Act, or who
19has been convicted a second time of committing a Class 1 felony
20under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
21person whose license or permit is revoked under this subsection
22B shall be prohibited from practicing medicine or treating
23human ailments without the use of drugs and without operative
25    (C) The Disciplinary Board shall recommend to the
26Department civil penalties and any other appropriate



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1discipline in disciplinary cases when the Board finds that a
2physician willfully performed an abortion with actual
3knowledge that the person upon whom the abortion has been
4performed is a minor or an incompetent person without notice as
5required under the Parental Notice of Abortion Act of 1995.
6Upon the Board's recommendation, the Department shall impose,
7for the first violation, a civil penalty of $1,000 and for a
8second or subsequent violation, a civil penalty of $5,000.
9(Source: P.A. 96-608, eff. 8-24-09; 96-1000, eff. 7-2-10;
1097-622, eff. 11-23-11.)
11    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
12    (Section scheduled to be repealed on December 31, 2013)
13    Sec. 23. Reports relating to professional conduct and
15    (A) Entities required to report.
16        (1) Health care institutions. The chief administrator
17    or executive officer of any health care institution
18    licensed by the Illinois Department of Public Health shall
19    report to the Disciplinary Board when any person's clinical
20    privileges are terminated or are restricted based on a
21    final determination made in accordance with that
22    institution's by-laws or rules and regulations that a
23    person has either committed an act or acts which may
24    directly threaten patient care or that a person may be
25    mentally or physically disabled in such a manner as to



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1    endanger patients under that person's care. Such officer
2    also shall report if a person accepts voluntary termination
3    or restriction of clinical privileges in lieu of formal
4    action based upon conduct related directly to patient care
5    or in lieu of formal action seeking to determine whether a
6    person may be mentally or physically disabled in such a
7    manner as to endanger patients under that person's care.
8    The Disciplinary Board shall, by rule, provide for the
9    reporting to it by health care institutions of all
10    instances in which a person, licensed under this Act, who
11    is impaired by reason of age, drug or alcohol abuse or
12    physical or mental impairment, is under supervision and,
13    where appropriate, is in a program of rehabilitation. Such
14    reports shall be strictly confidential and may be reviewed
15    and considered only by the members of the Disciplinary
16    Board, or by authorized staff as provided by rules of the
17    Disciplinary Board. Provisions shall be made for the
18    periodic report of the status of any such person not less
19    than twice annually in order that the Disciplinary Board
20    shall have current information upon which to determine the
21    status of any such person. Such initial and periodic
22    reports of impaired physicians shall not be considered
23    records within the meaning of The State Records Act and
24    shall be disposed of, following a determination by the
25    Disciplinary Board that such reports are no longer
26    required, in a manner and at such time as the Disciplinary



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1    Board shall determine by rule. The filing of such reports
2    shall be construed as the filing of a report for purposes
3    of subsection (C) of this Section.
4        (1.5) Clinical training programs. The program director
5    of any post-graduate clinical training program shall
6    report to the Disciplinary Board if a person engaged in a
7    post-graduate clinical training program at the
8    institution, including, but not limited to, a residency or
9    fellowship, separates from the program for any reason prior
10    to its conclusion. The program director shall provide all
11    documentation relating to the separation if, after review
12    of the report, the Disciplinary Board determines that a
13    review of those documents is necessary to determine whether
14    a violation of this Act occurred.
15        (2) Professional associations. The President or chief
16    executive officer of any association or society, of persons
17    licensed under this Act, operating within this State shall
18    report to the Disciplinary Board when the association or
19    society renders a final determination that a person has
20    committed unprofessional conduct related directly to
21    patient care or that a person may be mentally or physically
22    disabled in such a manner as to endanger patients under
23    that person's care.
24        (3) Professional liability insurers. Every insurance
25    company which offers policies of professional liability
26    insurance to persons licensed under this Act, or any other



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1    entity which seeks to indemnify the professional liability
2    of a person licensed under this Act, shall report to the
3    Disciplinary Board the settlement of any claim or cause of
4    action, or final judgment rendered in any cause of action,
5    which alleged negligence in the furnishing of medical care
6    by such licensed person when such settlement or final
7    judgment is in favor of the plaintiff.
8        (4) State's Attorneys. The State's Attorney of each
9    county shall report to the Disciplinary Board, within 5
10    days, any instances in which a person licensed under this
11    Act is convicted of any felony or Class A misdemeanor. The
12    State's Attorney of each county may report to the
13    Disciplinary Board through a verified complaint any
14    instance in which the State's Attorney believes that a
15    physician has willfully violated the notice requirements
16    of the Parental Notice of Abortion Act of 1995.
17        (5) State agencies. All agencies, boards, commissions,
18    departments, or other instrumentalities of the government
19    of the State of Illinois shall report to the Disciplinary
20    Board any instance arising in connection with the
21    operations of such agency, including the administration of
22    any law by such agency, in which a person licensed under
23    this Act has either committed an act or acts which may be a
24    violation of this Act or which may constitute
25    unprofessional conduct related directly to patient care or
26    which indicates that a person licensed under this Act may



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1    be mentally or physically disabled in such a manner as to
2    endanger patients under that person's care.
3    (B) Mandatory reporting. All reports required by items
4(34), (35), and (36) of subsection (A) of Section 22 and by
5Section 23 shall be submitted to the Disciplinary Board in a
6timely fashion. Unless otherwise provided in this Section, the
7reports shall be filed in writing within 60 days after a
8determination that a report is required under this Act. All
9reports shall contain the following information:
10        (1) The name, address and telephone number of the
11    person making the report.
12        (2) The name, address and telephone number of the
13    person who is the subject of the report.
14        (3) The name and date of birth of any patient or
15    patients whose treatment is a subject of the report, if
16    available, or other means of identification if such
17    information is not available, identification of the
18    hospital or other healthcare facility where the care at
19    issue in the report was rendered, provided, however, no
20    medical records may be revealed.
21        (4) A brief description of the facts which gave rise to
22    the issuance of the report, including the dates of any
23    occurrences deemed to necessitate the filing of the report.
24        (5) If court action is involved, the identity of the
25    court in which the action is filed, along with the docket
26    number and date of filing of the action.



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1        (6) Any further pertinent information which the
2    reporting party deems to be an aid in the evaluation of the
3    report.
4    The Disciplinary Board or Department may also exercise the
5power under Section 38 of this Act to subpoena copies of
6hospital or medical records in mandatory report cases alleging
7death or permanent bodily injury. Appropriate rules shall be
8adopted by the Department with the approval of the Disciplinary
10    When the Department has received written reports
11concerning incidents required to be reported in items (34),
12(35), and (36) of subsection (A) of Section 22, the licensee's
13failure to report the incident to the Department under those
14items shall not be the sole grounds for disciplinary action.
15    Nothing contained in this Section shall act to in any way,
16waive or modify the confidentiality of medical reports and
17committee reports to the extent provided by law. Any
18information reported or disclosed shall be kept for the
19confidential use of the Disciplinary Board, the Medical
20Coordinators, the Disciplinary Board's attorneys, the medical
21investigative staff, and authorized clerical staff, as
22provided in this Act, and shall be afforded the same status as
23is provided information concerning medical studies in Part 21
24of Article VIII of the Code of Civil Procedure, except that the
25Department may disclose information and documents to a federal,
26State, or local law enforcement agency pursuant to a subpoena



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1in an ongoing criminal investigation or to a health care
2licensing body or medical licensing authority of this State or
3another state or jurisdiction pursuant to an official request
4made by that licensing body or medical licensing authority.
5Furthermore, information and documents disclosed to a federal,
6State, or local law enforcement agency may be used by that
7agency only for the investigation and prosecution of a criminal
8offense, or, in the case of disclosure to a health care
9licensing body or medical licensing authority, only for
10investigations and disciplinary action proceedings with regard
11to a license. Information and documents disclosed to the
12Department of Public Health may be used by that Department only
13for investigation and disciplinary action regarding the
14license of a health care institution licensed by the Department
15of Public Health.
16    (C) Immunity from prosecution. Any individual or
17organization acting in good faith, and not in a wilful and
18wanton manner, in complying with this Act by providing any
19report or other information to the Disciplinary Board or a peer
20review committee, or assisting in the investigation or
21preparation of such information, or by voluntarily reporting to
22the Disciplinary Board or a peer review committee information
23regarding alleged errors or negligence by a person licensed
24under this Act, or by participating in proceedings of the
25Disciplinary Board or a peer review committee, or by serving as
26a member of the Disciplinary Board or a peer review committee,



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1shall not, as a result of such actions, be subject to criminal
2prosecution or civil damages.
3    (D) Indemnification. Members of the Disciplinary Board,
4the Licensing Board, the Medical Coordinators, the
5Disciplinary Board's attorneys, the medical investigative
6staff, physicians retained under contract to assist and advise
7the medical coordinators in the investigation, and authorized
8clerical staff shall be indemnified by the State for any
9actions occurring within the scope of services on the
10Disciplinary Board or Licensing Board, done in good faith and
11not wilful and wanton in nature. The Attorney General shall
12defend all such actions unless he or she determines either that
13there would be a conflict of interest in such representation or
14that the actions complained of were not in good faith or were
15wilful and wanton.
16    Should the Attorney General decline representation, the
17member shall have the right to employ counsel of his or her
18choice, whose fees shall be provided by the State, after
19approval by the Attorney General, unless there is a
20determination by a court that the member's actions were not in
21good faith or were wilful and wanton.
22    The member must notify the Attorney General within 7 days
23of receipt of notice of the initiation of any action involving
24services of the Disciplinary Board. Failure to so notify the
25Attorney General shall constitute an absolute waiver of the
26right to a defense and indemnification.



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1    The Attorney General shall determine within 7 days after
2receiving such notice, whether he or she will undertake to
3represent the member.
4    (E) Deliberations of Disciplinary Board. Upon the receipt
5of any report called for by this Act, other than those reports
6of impaired persons licensed under this Act required pursuant
7to the rules of the Disciplinary Board, the Disciplinary Board
8shall notify in writing, by certified mail, the person who is
9the subject of the report. Such notification shall be made
10within 30 days of receipt by the Disciplinary Board of the
12    The notification shall include a written notice setting
13forth the person's right to examine the report. Included in
14such notification shall be the address at which the file is
15maintained, the name of the custodian of the reports, and the
16telephone number at which the custodian may be reached. The
17person who is the subject of the report shall submit a written
18statement responding, clarifying, adding to, or proposing the
19amending of the report previously filed. The person who is the
20subject of the report shall also submit with the written
21statement any medical records related to the report. The
22statement and accompanying medical records shall become a
23permanent part of the file and must be received by the
24Disciplinary Board no more than 30 days after the date on which
25the person was notified by the Disciplinary Board of the
26existence of the original report.



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1    The Disciplinary Board shall review all reports received by
2it, together with any supporting information and responding
3statements submitted by persons who are the subject of reports.
4The review by the Disciplinary Board shall be in a timely
5manner but in no event, shall the Disciplinary Board's initial
6review of the material contained in each disciplinary file be
7less than 61 days nor more than 180 days after the receipt of
8the initial report by the Disciplinary Board.
9    When the Disciplinary Board makes its initial review of the
10materials contained within its disciplinary files, the
11Disciplinary Board shall, in writing, make a determination as
12to whether there are sufficient facts to warrant further
13investigation or action. Failure to make such determination
14within the time provided shall be deemed to be a determination
15that there are not sufficient facts to warrant further
16investigation or action.
17    Should the Disciplinary Board find that there are not
18sufficient facts to warrant further investigation, or action,
19the report shall be accepted for filing and the matter shall be
20deemed closed and so reported to the Secretary. The Secretary
21shall then have 30 days to accept the Disciplinary Board's
22decision or request further investigation. The Secretary shall
23inform the Board of the decision to request further
24investigation, including the specific reasons for the
25decision. The individual or entity filing the original report
26or complaint and the person who is the subject of the report or



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1complaint shall be notified in writing by the Secretary of any
2final action on their report or complaint. The Department shall
3disclose to the individual or entity who filed the original
4report or complaint, on request, the status of the Disciplinary
5Board's review of a specific report or complaint. Such request
6may be made at any time, including prior to the Disciplinary
7Board's determination as to whether there are sufficient facts
8to warrant further investigation or action.
9    (F) Summary reports. The Disciplinary Board shall prepare,
10on a timely basis, but in no event less than once every other
11month, a summary report of final disciplinary actions taken
12upon disciplinary files maintained by the Disciplinary Board.
13The summary reports shall be made available to the public upon
14request and payment of the fees set by the Department. This
15publication may be made available to the public on the
16Department's website. Information or documentation relating to
17any disciplinary file that is closed without disciplinary
18action taken shall not be disclosed and shall be afforded the
19same status as is provided by Part 21 of Article VIII of the
20Code of Civil Procedure.
21    (G) Any violation of this Section shall be a Class A
23    (H) If any such person violates the provisions of this
24Section an action may be brought in the name of the People of
25the State of Illinois, through the Attorney General of the
26State of Illinois, for an order enjoining such violation or for



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1an order enforcing compliance with this Section. Upon filing of
2a verified petition in such court, the court may issue a
3temporary restraining order without notice or bond and may
4preliminarily or permanently enjoin such violation, and if it
5is established that such person has violated or is violating
6the injunction, the court may punish the offender for contempt
7of court. Proceedings under this paragraph shall be in addition
8to, and not in lieu of, all other remedies and penalties
9provided for by this Section.
10(Source: P.A. 96-1372, eff. 7-29-10; P.A. 97-449, eff. 1-1-12;
1197-622, eff. 11-23-11.)
12    Section 99. Effective date. This Act takes effect December
1330, 2013.".