Illinois General Assembly - Full Text of SB0029
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Full Text of SB0029  99th General Assembly


Sen. Michael Connelly

Filed: 3/17/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 29 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Right
5to Try Act.
6    Section 5. Findings. The General Assembly finds that the
7process of approval for investigational drugs, biological
8products, and devices in the United States often takes many
9years, and a patient with a terminal illness does not have the
10luxury of waiting until such drug, product, or device receives
11final approval from the United States Food and Drug
12Administration. As a result, the standards of the United States
13Food and Drug Administration for the use of investigational
14drugs, biological products, and devices may deny the benefits
15of potentially life-saving treatments to terminally ill
16patients. A patient with a terminal illness has a fundamental



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1right to attempt to preserve his or her own life by accessing
2investigational drugs, biological products, and devices.
3Whether to use available investigational drugs, biological
4products, and devices is a decision that rightfully should be
5made by the patient with a terminal illness in consultation
6with his or her physician and is not a decision to be made by
7the government.
8    Section 10. Definitions. For the purposes of this Act:
9    "Accident and health insurer" has the meaning given to that
10term in Section 126.2 of the Illinois Insurance Code.
11    "Eligible patient" means a person who:
12        (1) has a terminal illness;
13        (2) has considered all other treatment options
14    approved by the United States Food and Drug Administration;
15        (3) has received a prescription or recommendation from
16    his or her physician for an investigational drug,
17    biological product, or device;
18        (4) has given his or her informed consent in writing
19    for the use of the investigational drug, biological
20    product, or device or, if he or she is a minor or lacks the
21    mental capacity to provide informed consent, a parent or
22    legal guardian has given informed consent on his or her
23    behalf; and
24        (5) has documentation from his or her physician
25    indicating that he or she has met the requirements of this



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1    Act.
2    "Investigational drug, biological product, or device"
3means a drug, biological product, or device that has
4successfully completed Phase I of a clinical trial, but has not
5been approved for general use by the United States Food and
6Drug Administration.
7    "Phase I of a clinical trial" means the stage of a clinical
8trial where an investigational drug, biological product, or
9device that has been tested in a small group for the first time
10to evaluate its safety, determine a safe dosage range, and
11identify side effects.
12    "Terminal illness" means a disease that, without
13life-sustaining measures, can reasonably be expected to result
14in death in 24 months or less.
15    Section 15. Availability of drugs, biological products,
16and devices.
17    (a) A manufacturer of an investigational drug, biological
18product, or device may make available such drug, product, or
19device to eligible patients. Nothing in this Act shall be
20construed to require a manufacturer to make available any drug,
21product, or device.
22    (b) A manufacturer may:
23        (1) provide an investigational drug, biological
24    product, or device to an eligible patient without receiving
25    compensation; or



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1        (2) require an eligible patient to pay the costs of or
2    associated with the manufacture of the investigational
3    drug, biological product, or device.
4    Section 20. Insurance coverage. An accident and health
5insurer may choose to provide coverage for the cost of an
6investigational drug, biological product, or device. Nothing
7in this Act shall be construed to require an accident and
8health insurer to provide coverage for the cost of any
9investigational drug, biological product, or device.
10    Section 80. The Nursing Home Care Act is amended by
11changing Section 2-104 as follows:
12    (210 ILCS 45/2-104)  (from Ch. 111 1/2, par. 4152-104)
13    Sec. 2-104. (a) A resident shall be permitted to retain the
14services of his own personal physician at his own expense or
15under an individual or group plan of health insurance, or under
16any public or private assistance program providing such
17coverage. However, the facility is not liable for the
18negligence of any such personal physician. Every resident shall
19be permitted to obtain from his own physician or the physician
20attached to the facility complete and current information
21concerning his medical diagnosis, treatment and prognosis in
22terms and language the resident can reasonably be expected to
23understand. Every resident shall be permitted to participate in



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1the planning of his total care and medical treatment to the
2extent that his condition permits. No resident shall be
3subjected to experimental research or treatment without first
4obtaining his informed, written consent. The conduct of any
5experimental research or treatment shall be authorized and
6monitored by an institutional review board appointed by the
7Director. The membership, operating procedures and review
8criteria for the institutional review board shall be prescribed
9under rules and regulations of the Department and shall comply
10with the requirements for institutional review boards
11established by the federal Food and Drug Administration. No
12person who has received compensation in the prior 3 years from
13an entity that manufactures, distributes, or sells
14pharmaceuticals, biologics, or medical devices may serve on the
15institutional review board.
16    The institutional review board may approve only research or
17treatment that meets the standards of the federal Food and Drug
18Administration with respect to (i) the protection of human
19subjects and (ii) financial disclosure by clinical
20investigators. The Office of State Long Term Care Ombudsman and
21the State Protection and Advocacy organization shall be given
22an opportunity to comment on any request for approval before
23the board makes a decision. Those entities shall not be
24provided information that would allow a potential human subject
25to be individually identified, unless the board asks the
26Ombudsman for help in securing information from or about the



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1resident. The board shall require frequent reporting of the
2progress of the approved research or treatment and its impact
3on residents, including immediate reporting of any adverse
4impact to the resident, the resident's representative, the
5Office of the State Long Term Care Ombudsman, and the State
6Protection and Advocacy organization. The board may not approve
7any retrospective study of the records of any resident about
8the safety or efficacy of any care or treatment if the resident
9was under the care of the proposed researcher or a business
10associate when the care or treatment was given, unless the
11study is under the control of a researcher without any business
12relationship to any person or entity who could benefit from the
13findings of the study.
14    No facility shall permit experimental research or
15treatment to be conducted on a resident, or give access to any
16person or person's records for a retrospective study about the
17safety or efficacy of any care or treatment, without the prior
18written approval of the institutional review board. No nursing
19home administrator, or person licensed by the State to provide
20medical care or treatment to any person, may assist or
21participate in any experimental research on or treatment of a
22resident, including a retrospective study, that does not have
23the prior written approval of the board. Such conduct shall be
24grounds for professional discipline by the Department of
25Financial and Professional Regulation.
26    The institutional review board may exempt from ongoing



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1review research or treatment initiated on a resident before the
2individual's admission to a facility and for which the board
3determines there is adequate ongoing oversight by another
4institutional review board. Nothing in this Section shall
5prevent a facility, any facility employee, or any other person
6from assisting or participating in any experimental research on
7or treatment of a resident, if the research or treatment began
8before the person's admission to a facility, until the board
9has reviewed the research or treatment and decided to grant or
10deny approval or to exempt the research or treatment from
11ongoing review.
12    The institutional review board requirements of this
13subsection (a) do not apply to investigational drugs,
14biological products, or devices used by a resident with a
15terminal illness as set forth in the Right to Try Act.
16    (b) All medical treatment and procedures shall be
17administered as ordered by a physician. All new physician
18orders shall be reviewed by the facility's director of nursing
19or charge nurse designee within 24 hours after such orders have
20been issued to assure facility compliance with such orders.
21    All physician's orders and plans of treatment shall have
22the authentication of the physician. For the purposes of this
23subsection (b), "authentication" means an original written
24signature or an electronic signature system that allows for the
25verification of a signer's credentials. A stamp signature, with
26or without initials, is not sufficient.



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1    According to rules adopted by the Department, every woman
2resident of child-bearing age shall receive routine
3obstetrical and gynecological evaluations as well as necessary
4prenatal care.
5    (c) Every resident shall be permitted to refuse medical
6treatment and to know the consequences of such action, unless
7such refusal would be harmful to the health and safety of
8others and such harm is documented by a physician in the
9resident's clinical record. The resident's refusal shall free
10the facility from the obligation to provide the treatment.
11    (d) Every resident, resident's guardian, or parent if the
12resident is a minor shall be permitted to inspect and copy all
13his clinical and other records concerning his care and
14maintenance kept by the facility or by his physician. The
15facility may charge a reasonable fee for duplication of a
17(Source: P.A. 96-1372, eff. 7-29-10; 97-179, eff. 1-1-12.)
18    Section 90. The Medical Practice Act of 1987 is amended by
19changing Section 22 as follows:
20    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
21    (Section scheduled to be repealed on December 31, 2015)
22    Sec. 22. Disciplinary action.
23    (A) The Department may revoke, suspend, place on probation,
24reprimand, refuse to issue or renew, or take any other



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1disciplinary or non-disciplinary action as the Department may
2deem proper with regard to the license or permit of any person
3issued under this Act, including imposing fines not to exceed
4$10,000 for each violation, upon any of the following grounds:
5        (1) Performance of an elective abortion in any place,
6    locale, facility, or institution other than:
7            (a) a facility licensed pursuant to the Ambulatory
8        Surgical Treatment Center Act;
9            (b) an institution licensed under the Hospital
10        Licensing Act;
11            (c) an ambulatory surgical treatment center or
12        hospitalization or care facility maintained by the
13        State or any agency thereof, where such department or
14        agency has authority under law to establish and enforce
15        standards for the ambulatory surgical treatment
16        centers, hospitalization, or care facilities under its
17        management and control;
18            (d) ambulatory surgical treatment centers,
19        hospitalization or care facilities maintained by the
20        Federal Government; or
21            (e) ambulatory surgical treatment centers,
22        hospitalization or care facilities maintained by any
23        university or college established under the laws of
24        this State and supported principally by public funds
25        raised by taxation.
26        (2) Performance of an abortion procedure in a wilful



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



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1    in the treatment of any disease or other condition of the
2    body or mind.
3        (11) Allowing another person or organization to use
4    their license, procured under this Act, to practice.
5        (12) Adverse action taken by another state or
6    jurisdiction against a license or other authorization to
7    practice as a medical doctor, doctor of osteopathy, doctor
8    of osteopathic medicine or doctor of chiropractic, a
9    certified copy of the record of the action taken by the
10    other state or jurisdiction being prima facie evidence
11    thereof. This includes any adverse action taken by a State
12    or federal agency that prohibits a medical doctor, doctor
13    of osteopathy, doctor of osteopathic medicine, or doctor of
14    chiropractic from providing services to the agency's
15    participants.
16        (13) Violation of any provision of this Act or of the
17    Medical Practice Act prior to the repeal of that Act, or
18    violation of the rules, or a final administrative action of
19    the Secretary, after consideration of the recommendation
20    of the Disciplinary Board.
21        (14) Violation of the prohibition against fee
22    splitting in Section 22.2 of this Act.
23        (15) A finding by the Disciplinary Board that the
24    registrant after having his or her license placed on
25    probationary status or subjected to conditions or
26    restrictions violated the terms of the probation or failed



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1    to comply with such terms or conditions.
2        (16) Abandonment of a patient.
3        (17) Prescribing, selling, administering,
4    distributing, giving or self-administering any drug
5    classified as a controlled substance (designated product)
6    or narcotic for other than medically accepted therapeutic
7    purposes.
8        (18) Promotion of the sale of drugs, devices,
9    appliances or goods provided for a patient in such manner
10    as to exploit the patient for financial gain of the
11    physician.
12        (19) Offering, undertaking or agreeing to cure or treat
13    disease by a secret method, procedure, treatment or
14    medicine, or the treating, operating or prescribing for any
15    human condition by a method, means or procedure which the
16    licensee refuses to divulge upon demand of the Department.
17        (20) Immoral conduct in the commission of any act
18    including, but not limited to, commission of an act of
19    sexual misconduct related to the licensee's practice.
20        (21) Wilfully making or filing false records or reports
21    in his or her practice as a physician, including, but not
22    limited to, false records to support claims against the
23    medical assistance program of the Department of Healthcare
24    and Family Services (formerly Department of Public Aid)
25    under the Illinois Public Aid Code.
26        (22) Wilful omission to file or record, or wilfully



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1    impeding the filing or recording, or inducing another
2    person to omit to file or record, medical reports as
3    required by law, or wilfully failing to report an instance
4    of suspected abuse or neglect as required by law.
5        (23) Being named as a perpetrator in an indicated
6    report by the Department of Children and Family Services
7    under the Abused and Neglected Child Reporting Act, and
8    upon proof by clear and convincing evidence that the
9    licensee has caused a child to be an abused child or
10    neglected child as defined in the Abused and Neglected
11    Child Reporting Act.
12        (24) Solicitation of professional patronage by any
13    corporation, agents or persons, or profiting from those
14    representing themselves to be agents of the licensee.
15        (25) Gross and wilful and continued overcharging for
16    professional services, including filing false statements
17    for collection of fees for which services are not rendered,
18    including, but not limited to, filing such false statements
19    for collection of monies for services not rendered from the
20    medical assistance program of the Department of Healthcare
21    and Family Services (formerly Department of Public Aid)
22    under the Illinois Public Aid Code.
23        (26) A pattern of practice or other behavior which
24    demonstrates incapacity or incompetence to practice under
25    this Act.
26        (27) Mental illness or disability which results in the



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1    inability to practice under this Act with reasonable
2    judgment, skill or safety.
3        (28) Physical illness, including, but not limited to,
4    deterioration through the aging process, or loss of motor
5    skill which results in a physician's inability to practice
6    under this Act with reasonable judgment, skill or safety.
7        (29) Cheating on or attempt to subvert the licensing
8    examinations administered under this Act.
9        (30) Wilfully or negligently violating the
10    confidentiality between physician and patient except as
11    required by law.
12        (31) The use of any false, fraudulent, or deceptive
13    statement in any document connected with practice under
14    this Act.
15        (32) Aiding and abetting an individual not licensed
16    under this Act in the practice of a profession licensed
17    under this Act.
18        (33) Violating state or federal laws or regulations
19    relating to controlled substances, legend drugs, or
20    ephedra as defined in the Ephedra Prohibition Act.
21        (34) Failure to report to the Department any adverse
22    final action taken against them by another licensing
23    jurisdiction (any other state or any territory of the
24    United States or any foreign state or country), by any peer
25    review body, by any health care institution, by any
26    professional society or association related to practice



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1    under this Act, by any governmental agency, by any law
2    enforcement agency, or by any court for acts or conduct
3    similar to acts or conduct which would constitute grounds
4    for action as defined in this Section.
5        (35) Failure to report to the Department surrender of a
6    license or authorization to practice as a medical doctor, a
7    doctor of osteopathy, a doctor of osteopathic medicine, or
8    doctor of chiropractic in another state or jurisdiction, or
9    surrender of membership on any medical staff or in any
10    medical or professional association or society, while
11    under disciplinary investigation by any of those
12    authorities or bodies, for acts or conduct similar to acts
13    or conduct which would constitute grounds for action as
14    defined in this Section.
15        (36) Failure to report to the Department any adverse
16    judgment, settlement, or award arising from a liability
17    claim related to acts or conduct similar to acts or conduct
18    which would constitute grounds for action as defined in
19    this Section.
20        (37) Failure to provide copies of medical records as
21    required by law.
22        (38) Failure to furnish the Department, its
23    investigators or representatives, relevant information,
24    legally requested by the Department after consultation
25    with the Chief Medical Coordinator or the Deputy Medical
26    Coordinator.



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1        (39) Violating the Health Care Worker Self-Referral
2    Act.
3        (40) Willful failure to provide notice when notice is
4    required under the Parental Notice of Abortion Act of 1995.
5        (41) Failure to establish and maintain records of
6    patient care and treatment as required by this law.
7        (42) Entering into an excessive number of written
8    collaborative agreements with licensed advanced practice
9    nurses resulting in an inability to adequately
10    collaborate.
11        (43) Repeated failure to adequately collaborate with a
12    licensed advanced practice nurse.
13        (44) Violating the Compassionate Use of Medical
14    Cannabis Pilot Program Act.
15        (45) Entering into an excessive number of written
16    collaborative agreements with licensed prescribing
17    psychologists resulting in an inability to adequately
18    collaborate.
19        (46) Repeated failure to adequately collaborate with a
20    licensed prescribing psychologist.
21    Except for actions involving the ground numbered (26), all
22proceedings to suspend, revoke, place on probationary status,
23or take any other disciplinary action as the Department may
24deem proper, with regard to a license on any of the foregoing
25grounds, must be commenced within 5 years next after receipt by
26the Department of a complaint alleging the commission of or



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



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1suspension of that license. That person may resume their
2practice only upon the entry of a Departmental order based upon
3a finding by the Disciplinary Board that they have been
4determined to be recovered from mental illness by the court and
5upon the Disciplinary Board's recommendation that they be
6permitted to resume their practice.
7    The Department may refuse to issue or take disciplinary
8action concerning the license of any person who fails to file a
9return, or to pay the tax, penalty or interest shown in a filed
10return, or to pay any final assessment of tax, penalty or
11interest, as required by any tax Act administered by the
12Illinois Department of Revenue, until such time as the
13requirements of any such tax Act are satisfied as determined by
14the Illinois Department of Revenue.
15    The Department, upon the recommendation of the
16Disciplinary Board, shall adopt rules which set forth standards
17to be used in determining:
18        (a) when a person will be deemed sufficiently
19    rehabilitated to warrant the public trust;
20        (b) what constitutes dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public;
23        (c) what constitutes immoral conduct in the commission
24    of any act, including, but not limited to, commission of an
25    act of sexual misconduct related to the licensee's
26    practice; and



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1        (d) what constitutes gross negligence in the practice
2    of medicine.
3    However, no such rule shall be admissible into evidence in
4any civil action except for review of a licensing or other
5disciplinary action under this Act.
6    In enforcing this Section, the Disciplinary Board or the
7Licensing Board, upon a showing of a possible violation, may
8compel, in the case of the Disciplinary Board, any individual
9who is licensed to practice under this Act or holds a permit to
10practice under this Act, or, in the case of the Licensing
11Board, any individual who has applied for licensure or a permit
12pursuant to this Act, to submit to a mental or physical
13examination and evaluation, or both, which may include a
14substance abuse or sexual offender evaluation, as required by
15the Licensing Board or Disciplinary Board and at the expense of
16the Department. The Disciplinary Board or Licensing Board shall
17specifically designate the examining physician licensed to
18practice medicine in all of its branches or, if applicable, the
19multidisciplinary team involved in providing the mental or
20physical examination and evaluation, or both. The
21multidisciplinary team shall be led by a physician licensed to
22practice medicine in all of its branches and may consist of one
23or more or a combination of physicians licensed to practice
24medicine in all of its branches, licensed chiropractic
25physicians, licensed clinical psychologists, licensed clinical
26social workers, licensed clinical professional counselors, and



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



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1licensee, permit holder, or applicant ordered to undergo an
2evaluation and examination for the examining physician or any
3member of the multidisciplinary team to provide information,
4reports, records, or other documents or to provide any
5testimony regarding the examination and evaluation. The
6individual to be examined may have, at his or her own expense,
7another physician of his or her choice present during all
8aspects of the examination. Failure of any individual to submit
9to mental or physical examination and evaluation, or both, when
10directed, shall result in an automatic suspension, without
11hearing, until such time as the individual submits to the
12examination. If the Disciplinary Board or Licensing Board finds
13a physician unable to practice following an examination and
14evaluation because of the reasons set forth in this Section,
15the Disciplinary Board or Licensing Board shall require such
16physician to submit to care, counseling, or treatment by
17physicians, or other health care professionals, approved or
18designated by the Disciplinary Board, as a condition for
19issued, continued, reinstated, or renewed licensure to
20practice. Any physician, whose license was granted pursuant to
21Sections 9, 17, or 19 of this Act, or, continued, reinstated,
22renewed, disciplined or supervised, subject to such terms,
23conditions or restrictions who shall fail to comply with such
24terms, conditions or restrictions, or to complete a required
25program of care, counseling, or treatment, as determined by the
26Chief Medical Coordinator or Deputy Medical Coordinators,



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



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



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1physician willfully performed an abortion with actual
2knowledge that the person upon whom the abortion has been
3performed is a minor or an incompetent person without notice as
4required under the Parental Notice of Abortion Act of 1995.
5Upon the Board's recommendation, the Department shall impose,
6for the first violation, a civil penalty of $1,000 and for a
7second or subsequent violation, a civil penalty of $5,000.
8(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13;
998-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)".