Full Text of SB1496 98th General Assembly
SB1496ham003 98TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 10/21/2013
| | 09800SB1496ham003 | | LRB098 06227 AMC 49224 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1496
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1496, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Regulatory Sunset Act is amended by | 6 | | changing Section 4.24 as follows:
| 7 | | (5 ILCS 80/4.24)
| 8 | | Sec. 4.24. Act Acts repealed on December 31 January 1 , | 9 | | 2014. The following Act is
Acts are repealed
on December 31 | 10 | | January 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; | 13 | | 98-253, eff. 8-9-13; 98-254, eff. 8-9-13; 98-264, eff. | 14 | | 12-31-13; 98-339, eff. 12-31-13; 98-363, eff. 8-16-13; 98-364, | 15 | | eff. 12-31-13; 98-445, eff. 12-31-13; revised 8-27-13.)
|
| | | 09800SB1496ham003 | - 2 - | LRB098 06227 AMC 49224 a |
|
| 1 | | (5 ILCS 80/4.23 rep.) | 2 | | Section 7. The Regulatory Sunset Act is amended by | 3 | | repealing Section 4.23. | 4 | | Section 10. The Medical Practice Act of 1987 is amended by | 5 | | by adding Section 9.3 and changing Sections 22 and 23 as | 6 | | follows: | 7 | | (225 ILCS 60/9.3 new) | 8 | | Sec. 9.3. Withdrawal of application. Any applicant | 9 | | applying for a license or permit under this Act may withdraw | 10 | | his or her application at any time. If an applicant withdraws | 11 | | his or her application after receipt of a written Notice of | 12 | | Intent to Deny License or Permit, then the withdrawal shall be | 13 | | reported 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| 15 | | (Section scheduled to be repealed on December 31, 2013)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, | 18 | | reprimand, refuse to issue or renew, or take any other | 19 | | disciplinary or non-disciplinary action as the Department may | 20 | | deem proper
with regard to the license or permit of any person | 21 | | issued
under this Act to practice medicine, or a chiropractic | 22 | | physician, including imposing fines not to exceed $10,000 for | 23 | | each violation, upon any of the following grounds:
|
| | | 09800SB1496ham003 | - 3 - | LRB098 06227 AMC 49224 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;
| 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, |
| | | 09800SB1496ham003 | - 4 - | LRB098 06227 AMC 49224 a |
|
| 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.
|
| | | 09800SB1496ham003 | - 5 - | LRB098 06227 AMC 49224 a |
|
| 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, |
| | | 09800SB1496ham003 | - 6 - | LRB098 06227 AMC 49224 a |
|
| 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 |
| | | 09800SB1496ham003 | - 7 - | LRB098 06227 AMC 49224 a |
|
| 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.
|
| | | 09800SB1496ham003 | - 8 - | LRB098 06227 AMC 49224 a |
|
| 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 |
| | | 09800SB1496ham003 | - 9 - | LRB098 06227 AMC 49224 a |
|
| 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 |
| | | 09800SB1496ham003 | - 10 - | LRB098 06227 AMC 49224 a |
|
| 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 | 8 | | proceedings to suspend,
revoke, place on probationary status, | 9 | | or take any
other disciplinary action as the Department may | 10 | | deem proper, with regard to a
license on any of the foregoing | 11 | | grounds, must be commenced within 5 years next
after receipt by | 12 | | the Department of a complaint alleging the commission of or
| 13 | | notice of the conviction order for any of the acts described | 14 | | herein. Except
for the grounds numbered (8), (9), (26), and | 15 | | (29), no action shall be commenced more
than 10 years after the | 16 | | date of the incident or act alleged to have violated
this | 17 | | Section. For actions involving the ground numbered (26), a | 18 | | pattern of practice or other behavior includes all incidents | 19 | | alleged to be part of the pattern of practice or other behavior | 20 | | that occurred, or a report pursuant to Section 23 of this Act | 21 | | received, within the 10-year period preceding the filing of the | 22 | | complaint. In the event of the settlement of any claim or cause | 23 | | of action
in favor of the claimant or the reduction to final | 24 | | judgment of any civil action
in favor of the plaintiff, such | 25 | | claim, cause of action or civil action being
grounded on the | 26 | | allegation that a person licensed under this Act was negligent
|
| | | 09800SB1496ham003 | - 11 - | LRB098 06227 AMC 49224 a |
|
| 1 | | in providing care, the Department shall have an additional | 2 | | period of 2 years
from the date of notification to the | 3 | | Department under Section 23 of this Act
of such settlement or | 4 | | final judgment in which to investigate and
commence formal | 5 | | disciplinary proceedings under Section 36 of this Act, except
| 6 | | as otherwise provided by law. The time during which the holder | 7 | | of the license
was outside the State of Illinois shall not be | 8 | | included within any period of
time limiting the commencement of | 9 | | disciplinary action by the Department.
| 10 | | The entry of an order or judgment by any circuit court | 11 | | establishing that any
person holding a license under this Act | 12 | | is a person in need of mental treatment
operates as a | 13 | | suspension of that license. That person may resume their
| 14 | | practice only upon the entry of a Departmental order based upon | 15 | | a finding by
the Disciplinary Board that they have been | 16 | | determined to be recovered
from mental illness by the court and | 17 | | upon the Disciplinary Board's
recommendation that they be | 18 | | permitted to resume their practice.
| 19 | | The Department may refuse to issue or take disciplinary | 20 | | action concerning the license of any person
who fails to file a | 21 | | return, or to pay the tax, penalty or interest shown in a
filed | 22 | | return, or to pay any final assessment of tax, penalty or | 23 | | interest, as
required by any tax Act administered by the | 24 | | Illinois Department of Revenue,
until such time as the | 25 | | requirements of any such tax Act are satisfied as
determined by | 26 | | the Illinois Department of Revenue.
|
| | | 09800SB1496ham003 | - 12 - | LRB098 06227 AMC 49224 a |
|
| 1 | | The Department, upon the recommendation of the | 2 | | Disciplinary Board, shall
adopt rules which set forth standards | 3 | | to 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 | 16 | | any civil action
except for review of a licensing or other | 17 | | disciplinary action under this Act.
| 18 | | In enforcing this Section, the Disciplinary Board or the | 19 | | Licensing Board,
upon a showing of a possible violation, may | 20 | | compel, in the case of the Disciplinary Board, any individual | 21 | | who is licensed to
practice under this Act or holds a permit to | 22 | | practice under this Act, or, in the case of the Licensing | 23 | | Board, any individual who has applied for licensure or a permit
| 24 | | pursuant to this Act, to submit to a mental or physical | 25 | | examination and evaluation, or both,
which may include a | 26 | | substance abuse or sexual offender evaluation, as required by |
| | | 09800SB1496ham003 | - 13 - | LRB098 06227 AMC 49224 a |
|
| 1 | | the Licensing Board or Disciplinary Board and at the expense of | 2 | | the Department. The Disciplinary Board or Licensing Board shall | 3 | | specifically designate the examining physician licensed to | 4 | | practice medicine in all of its branches or, if applicable, the | 5 | | multidisciplinary team involved in providing the mental or | 6 | | physical examination and evaluation, or both. The | 7 | | multidisciplinary team shall be led by a physician licensed to | 8 | | practice medicine in all of its branches and may consist of one | 9 | | or more or a combination of physicians licensed to practice | 10 | | medicine in all of its branches, licensed chiropractic | 11 | | physicians, licensed clinical psychologists, licensed clinical | 12 | | social workers, licensed clinical professional counselors, and | 13 | | other professional and administrative staff. Any examining | 14 | | physician or member of the multidisciplinary team may require | 15 | | any person ordered to submit to an examination and evaluation | 16 | | pursuant to this Section to submit to any additional | 17 | | supplemental testing deemed necessary to complete any | 18 | | examination or evaluation process, including, but not limited | 19 | | to, blood testing, urinalysis, psychological testing, or | 20 | | neuropsychological testing.
The Disciplinary Board, the | 21 | | Licensing Board, or the Department may order the examining
| 22 | | physician or any member of the multidisciplinary team to | 23 | | provide to the Department, the Disciplinary Board, or the | 24 | | Licensing Board any and all records, including business | 25 | | records, that relate to the examination and evaluation, | 26 | | including any supplemental testing performed. The Disciplinary |
| | | 09800SB1496ham003 | - 14 - | LRB098 06227 AMC 49224 a |
|
| 1 | | Board, the Licensing Board, or the Department may order the | 2 | | examining physician or any member of the multidisciplinary team | 3 | | to present testimony concerning this examination
and | 4 | | evaluation of the licensee, permit holder, or applicant, | 5 | | including testimony concerning any supplemental testing or | 6 | | documents relating to the examination and evaluation. No | 7 | | information, report, record, or other documents in any way | 8 | | related to the examination and evaluation shall be excluded by | 9 | | reason of
any common
law or statutory privilege relating to | 10 | | communication between the licensee or
applicant and
the | 11 | | examining physician or any member of the multidisciplinary | 12 | | team.
No authorization is necessary from the licensee, permit | 13 | | holder, or applicant ordered to undergo an evaluation and | 14 | | examination for the examining physician or any member of the | 15 | | multidisciplinary team to provide information, reports, | 16 | | records, or other documents or to provide any testimony | 17 | | regarding the examination and evaluation. The individual to be | 18 | | examined may have, at his or her own expense, another
physician | 19 | | of his or her choice present during all aspects of the | 20 | | examination.
Failure of any individual to submit to mental or | 21 | | physical examination and evaluation, or both, when
directed, | 22 | | shall result in an automatic suspension, without hearing, until | 23 | | such time
as the individual submits to the examination. If the | 24 | | Disciplinary Board finds a physician unable
to practice because | 25 | | of the reasons set forth in this Section, the Disciplinary
| 26 | | Board shall require such physician to submit to care, |
| | | 09800SB1496ham003 | - 15 - | LRB098 06227 AMC 49224 a |
|
| 1 | | counseling, or treatment
by physicians approved or designated | 2 | | by the Disciplinary Board, as a condition
for continued, | 3 | | reinstated, or renewed licensure to practice. Any physician,
| 4 | | whose license was granted pursuant to Sections 9, 17, or 19 of | 5 | | this Act, or,
continued, reinstated, renewed, disciplined or | 6 | | supervised, subject to such
terms, conditions or restrictions | 7 | | who shall fail to comply with such terms,
conditions or | 8 | | restrictions, or to complete a required program of care,
| 9 | | counseling, or treatment, as determined by the Chief Medical | 10 | | Coordinator or
Deputy Medical Coordinators, shall be referred | 11 | | to the Secretary for a
determination as to whether the licensee | 12 | | shall have their license suspended
immediately, pending a | 13 | | hearing by the Disciplinary Board. In instances in
which the | 14 | | Secretary immediately suspends a license under this Section, a | 15 | | hearing
upon such person's license must be convened by the | 16 | | Disciplinary Board within 15
days after such suspension and | 17 | | completed without appreciable delay. The
Disciplinary Board | 18 | | shall have the authority to review the subject physician's
| 19 | | record of treatment and counseling regarding the impairment, to | 20 | | the extent
permitted by applicable federal statutes and | 21 | | regulations safeguarding the
confidentiality of medical | 22 | | records.
| 23 | | An individual licensed under this Act, affected under this | 24 | | Section, shall be
afforded an opportunity to demonstrate to the | 25 | | Disciplinary Board that they can
resume practice in compliance | 26 | | with acceptable and prevailing standards under
the provisions |
| | | 09800SB1496ham003 | - 16 - | LRB098 06227 AMC 49224 a |
|
| 1 | | of their license.
| 2 | | The Department may promulgate rules for the imposition of | 3 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 4 | | violation of this Act. Fines
may be imposed in conjunction with | 5 | | other forms of disciplinary action, but
shall not be the | 6 | | exclusive disposition of any disciplinary action arising out
of | 7 | | conduct resulting in death or injury to a patient. Any funds | 8 | | collected from
such fines shall be deposited in the Medical | 9 | | Disciplinary Fund.
| 10 | | All fines imposed under this Section shall be paid within | 11 | | 60 days after the effective date of the order imposing the fine | 12 | | or in accordance with the terms set forth in the order imposing | 13 | | the fine. | 14 | | (B) The Department shall revoke the license or
permit | 15 | | issued under this Act to practice medicine or a chiropractic | 16 | | physician who
has been convicted a second time of committing | 17 | | any felony under the
Illinois Controlled Substances Act or the | 18 | | Methamphetamine Control and Community Protection Act, or who | 19 | | has been convicted a second time of
committing a Class 1 felony | 20 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 21 | | person whose license or permit is revoked
under
this subsection | 22 | | B shall be prohibited from practicing
medicine or treating | 23 | | human ailments without the use of drugs and without
operative | 24 | | surgery.
| 25 | | (C) The Disciplinary Board shall recommend to the
| 26 | | Department civil
penalties and any other appropriate |
| | | 09800SB1496ham003 | - 17 - | LRB098 06227 AMC 49224 a |
|
| 1 | | discipline in disciplinary cases when the
Board finds that a | 2 | | physician willfully performed an abortion with actual
| 3 | | knowledge that the person upon whom the abortion has been | 4 | | performed is a minor
or an incompetent person without notice as | 5 | | required under the Parental Notice
of Abortion Act of 1995. | 6 | | Upon the Board's recommendation, the Department shall
impose, | 7 | | for the first violation, a civil penalty of $1,000 and for a | 8 | | second 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; | 10 | | 97-622, 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 | 14 | | capacity. | 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 |
| | | 09800SB1496ham003 | - 18 - | LRB098 06227 AMC 49224 a |
|
| 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 |
| | | 09800SB1496ham003 | - 19 - | LRB098 06227 AMC 49224 a |
|
| 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
|
| | | 09800SB1496ham003 | - 20 - | LRB098 06227 AMC 49224 a |
|
| 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 |
| | | 09800SB1496ham003 | - 21 - | LRB098 06227 AMC 49224 a |
|
| 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 | 5 | | Section 23 shall be submitted to the Disciplinary Board in a | 6 | | timely
fashion. Unless otherwise provided in this Section, the | 7 | | reports shall be filed in writing within 60
days after a | 8 | | determination that a report is required under
this Act. All | 9 | | reports 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.
|
| | | 09800SB1496ham003 | - 22 - | LRB098 06227 AMC 49224 a |
|
| 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 | 5 | | power under Section
38 of this Act to subpoena copies of | 6 | | hospital or medical records in mandatory
report cases alleging | 7 | | death or permanent bodily injury. Appropriate
rules shall be | 8 | | adopted by the Department with the approval of the Disciplinary
| 9 | | Board.
| 10 | | When the Department has received written reports | 11 | | concerning incidents
required to be reported in items (34), | 12 | | (35), and (36) of subsection (A) of
Section 22, the licensee's | 13 | | failure to report the incident to the Department
under those | 14 | | items shall not be the sole grounds for disciplinary action.
| 15 | | Nothing contained in this Section shall act to in any
way, | 16 | | waive or modify the confidentiality of medical reports
and | 17 | | committee reports to the extent provided by law. Any
| 18 | | information reported or disclosed shall be kept for the
| 19 | | confidential use of the Disciplinary Board, the Medical
| 20 | | Coordinators, the Disciplinary Board's attorneys, the
medical | 21 | | investigative staff, and authorized clerical staff,
as | 22 | | provided in this Act, and shall be afforded the same
status as | 23 | | is provided information concerning medical studies
in Part 21 | 24 | | of Article VIII of the Code of Civil Procedure, except that the | 25 | | Department may disclose information and documents to a federal, | 26 | | State, or local law enforcement agency pursuant to a subpoena |
| | | 09800SB1496ham003 | - 23 - | LRB098 06227 AMC 49224 a |
|
| 1 | | in an ongoing criminal investigation or to a health care | 2 | | licensing body or medical licensing authority of this State or | 3 | | another state or jurisdiction pursuant to an official request | 4 | | made by that licensing body or medical licensing authority. | 5 | | Furthermore, information and documents disclosed to a federal, | 6 | | State, or local law enforcement agency may be used by that | 7 | | agency only for the investigation and prosecution of a criminal | 8 | | offense, or, in the case of disclosure to a health care | 9 | | licensing body or medical licensing authority, only for | 10 | | investigations and disciplinary action proceedings with regard | 11 | | to a license. Information and documents disclosed to the | 12 | | Department of Public Health may be used by that Department only | 13 | | for investigation and disciplinary action regarding the | 14 | | license of a health care institution licensed by the Department | 15 | | of Public Health.
| 16 | | (C) Immunity from prosecution. Any individual or
| 17 | | organization acting in good faith, and not in a wilful and
| 18 | | wanton manner, in complying with this Act by providing any
| 19 | | report or other information to the Disciplinary Board or a peer | 20 | | review committee, or
assisting in the investigation or | 21 | | preparation of such
information, or by voluntarily reporting to | 22 | | the Disciplinary Board
or a peer review committee information | 23 | | regarding alleged errors or negligence by a person licensed | 24 | | under this Act, or by participating in proceedings of the
| 25 | | Disciplinary Board or a peer review committee, or by serving as | 26 | | a member of the
Disciplinary Board or a peer review committee, |
| | | 09800SB1496ham003 | - 24 - | LRB098 06227 AMC 49224 a |
|
| 1 | | shall not, as a result of such actions,
be subject to criminal | 2 | | prosecution or civil damages.
| 3 | | (D) Indemnification. Members of the Disciplinary
Board, | 4 | | the Licensing Board, the Medical Coordinators, the | 5 | | Disciplinary Board's
attorneys, the medical investigative | 6 | | staff, physicians
retained under contract to assist and advise | 7 | | the medical
coordinators in the investigation, and authorized | 8 | | clerical
staff shall be indemnified by the State for any | 9 | | actions
occurring within the scope of services on the | 10 | | Disciplinary
Board or Licensing Board , done in good faith and | 11 | | not wilful and wanton in
nature. The Attorney General shall | 12 | | defend all such actions
unless he or she determines either that | 13 | | there would be a
conflict of interest in such representation or | 14 | | that the
actions complained of were not in good faith or were | 15 | | wilful
and wanton.
| 16 | | Should the Attorney General decline representation, the
| 17 | | member shall have the right to employ counsel of his or her
| 18 | | choice, whose fees shall be provided by the State, after
| 19 | | approval by the Attorney General, unless there is a
| 20 | | determination by a court that the member's actions were not
in | 21 | | good faith or were wilful and wanton.
| 22 | | The member must notify the Attorney General within 7
days | 23 | | of receipt of notice of the initiation of any action
involving | 24 | | services of the Disciplinary Board. Failure to so
notify the | 25 | | Attorney General shall constitute an absolute
waiver of the | 26 | | right to a defense and indemnification.
|
| | | 09800SB1496ham003 | - 25 - | LRB098 06227 AMC 49224 a |
|
| 1 | | The Attorney General shall determine within 7 days
after | 2 | | receiving such notice, whether he or she will
undertake to | 3 | | represent the member.
| 4 | | (E) Deliberations of Disciplinary Board. Upon the
receipt | 5 | | of any report called for by this Act, other than
those reports | 6 | | of impaired persons licensed under this Act
required pursuant | 7 | | to the rules of the Disciplinary Board,
the Disciplinary Board | 8 | | shall notify in writing, by certified
mail, the person who is | 9 | | the subject of the report. Such
notification shall be made | 10 | | within 30 days of receipt by the
Disciplinary Board of the | 11 | | report.
| 12 | | The notification shall include a written notice setting
| 13 | | forth the person's right to examine the report. Included in
| 14 | | such notification shall be the address at which the file is
| 15 | | maintained, the name of the custodian of the reports, and
the | 16 | | telephone number at which the custodian may be reached.
The | 17 | | person who is the subject of the report shall submit a written | 18 | | statement responding,
clarifying, adding to, or proposing the | 19 | | amending of the
report previously filed. The person who is the | 20 | | subject of the report shall also submit with the written | 21 | | statement any medical records related to the report. The | 22 | | statement and accompanying medical records shall become a
| 23 | | permanent part of the file and must be received by the
| 24 | | Disciplinary Board no more than
30 days after the date on
which | 25 | | the person was notified by the Disciplinary Board of the | 26 | | existence of
the
original report.
|
| | | 09800SB1496ham003 | - 26 - | LRB098 06227 AMC 49224 a |
|
| 1 | | The Disciplinary Board shall review all reports
received by | 2 | | it, together with any supporting information and
responding | 3 | | statements submitted by persons who are the
subject of reports. | 4 | | The review by the Disciplinary Board
shall be in a timely | 5 | | manner but in no event, shall the
Disciplinary Board's initial | 6 | | review of the material
contained in each disciplinary file be | 7 | | less than 61 days nor
more than 180 days after the receipt of | 8 | | the initial report
by the Disciplinary Board.
| 9 | | When the Disciplinary Board makes its initial review of
the | 10 | | materials contained within its disciplinary files, the
| 11 | | Disciplinary Board shall, in writing, make a determination
as | 12 | | to whether there are sufficient facts to warrant further
| 13 | | investigation or action. Failure to make such determination
| 14 | | within the time provided shall be deemed to be a
determination | 15 | | that there are not sufficient facts to warrant
further | 16 | | investigation or action.
| 17 | | Should the Disciplinary Board find that there are not
| 18 | | sufficient facts to warrant further investigation, or
action, | 19 | | the report shall be accepted for filing and the
matter shall be | 20 | | deemed closed and so reported to the Secretary. The Secretary
| 21 | | shall then have 30 days to accept the Disciplinary Board's | 22 | | decision or
request further investigation. The Secretary shall | 23 | | inform the Board
of the decision to request further | 24 | | investigation, including the specific
reasons for the | 25 | | decision. The
individual or entity filing the original report | 26 | | or complaint
and the person who is the subject of the report or |
| | | 09800SB1496ham003 | - 27 - | LRB098 06227 AMC 49224 a |
|
| 1 | | complaint
shall be notified in writing by the Secretary of
any | 2 | | final action on their report or complaint. The Department shall | 3 | | disclose to the individual or entity who filed the original | 4 | | report or complaint, on request, the status of the Disciplinary | 5 | | Board's review of a specific report or complaint. Such request | 6 | | may be made at any time, including prior to the Disciplinary | 7 | | Board's determination as to whether there are sufficient facts | 8 | | to warrant further investigation or action.
| 9 | | (F) Summary reports. The Disciplinary Board shall
prepare, | 10 | | on a timely basis, but in no event less than once
every other | 11 | | month, a summary report of final disciplinary actions taken
| 12 | | upon disciplinary files maintained by the Disciplinary Board.
| 13 | | The summary reports shall be made available to the public upon | 14 | | request and payment of the fees set by the Department. This | 15 | | publication may be made available to the public on the | 16 | | Department's website. Information or documentation relating to | 17 | | any disciplinary file that is closed without disciplinary | 18 | | action taken shall not be disclosed and shall be afforded the | 19 | | same status as is provided by Part 21 of Article VIII of the | 20 | | Code of Civil Procedure.
| 21 | | (G) Any violation of this Section shall be a Class A
| 22 | | misdemeanor.
| 23 | | (H) If any such person violates the provisions of this
| 24 | | Section an action may be brought in the name of the People
of | 25 | | the State of Illinois, through the Attorney General of
the | 26 | | State of Illinois, for an order enjoining such violation
or for |
| | | 09800SB1496ham003 | - 28 - | LRB098 06227 AMC 49224 a |
|
| 1 | | an order enforcing compliance with this Section.
Upon filing of | 2 | | a verified petition in such court, the court
may issue a | 3 | | temporary restraining order without notice or
bond and may | 4 | | preliminarily or permanently enjoin such
violation, and if it | 5 | | is established that such person has
violated or is violating | 6 | | the injunction, the court may
punish the offender for contempt | 7 | | of court. Proceedings
under this paragraph shall be in addition | 8 | | to, and not in
lieu of, all other remedies and penalties | 9 | | provided for by
this Section.
| 10 | | (Source: P.A. 96-1372, eff. 7-29-10; P.A. 97-449, eff. 1-1-12; | 11 | | 97-622, eff. 11-23-11 .)
| 12 | | Section 99. Effective date. This Act takes effect December | 13 | | 30, 2013.".
|
|