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

SB2904ham001 100TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 5/18/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2904

2    AMENDMENT NO. ______. Amend Senate Bill 2904 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Medical Practice Act of 1987 is amended by
5changing Sections 22 and 54.5 as follows:
 
6    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 22. Disciplinary action.
9    (A) The Department may revoke, suspend, place on probation,
10reprimand, refuse to issue or renew, or take any other
11disciplinary or non-disciplinary action as the Department may
12deem proper with regard to the license or permit of any person
13issued under this Act, including imposing fines not to exceed
14$10,000 for each violation, upon any of the following grounds:
15        (1) Performance of an elective abortion in any place,
16    locale, facility, or institution other than:

 

 

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1            (a) a facility licensed pursuant to the Ambulatory
2        Surgical Treatment Center Act;
3            (b) an institution licensed under the Hospital
4        Licensing Act;
5            (c) an ambulatory surgical treatment center or
6        hospitalization or care facility maintained by the
7        State or any agency thereof, where such department or
8        agency has authority under law to establish and enforce
9        standards for the ambulatory surgical treatment
10        centers, hospitalization, or care facilities under its
11        management and control;
12            (d) ambulatory surgical treatment centers,
13        hospitalization or care facilities maintained by the
14        Federal Government; or
15            (e) ambulatory surgical treatment centers,
16        hospitalization or care facilities maintained by any
17        university or college established under the laws of
18        this State and supported principally by public funds
19        raised by taxation.
20        (2) Performance of an abortion procedure in a willful
21    and wanton manner on a woman who was not pregnant at the
22    time the abortion procedure was performed.
23        (3) A plea of guilty or nolo contendere, finding of
24    guilt, jury verdict, or entry of judgment or sentencing,
25    including, but not limited to, convictions, preceding
26    sentences of supervision, conditional discharge, or first

 

 

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1    offender probation, under the laws of any jurisdiction of
2    the United States of any crime that is a felony.
3        (4) Gross negligence in practice under this Act.
4        (5) Engaging in dishonorable, unethical or
5    unprofessional conduct of a character likely to deceive,
6    defraud or harm the public.
7        (6) Obtaining any fee by fraud, deceit, or
8    misrepresentation.
9        (7) Habitual or excessive use or abuse of drugs defined
10    in law as controlled substances, of alcohol, or of any
11    other substances which results in the inability to practice
12    with reasonable judgment, skill or safety.
13        (8) Practicing under a false or, except as provided by
14    law, an assumed name.
15        (9) Fraud or misrepresentation in applying for, or
16    procuring, a license under this Act or in connection with
17    applying for renewal of a license under this Act.
18        (10) Making a false or misleading statement regarding
19    their skill or the efficacy or value of the medicine,
20    treatment, or remedy prescribed by them at their direction
21    in the treatment of any disease or other condition of the
22    body or mind.
23        (11) Allowing another person or organization to use
24    their license, procured under this Act, to practice.
25        (12) Adverse action taken by another state or
26    jurisdiction against a license or other authorization to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (42) Entering into an excessive number of written
2    collaborative agreements with licensed advanced practice
3    registered nurses resulting in an inability to adequately
4    collaborate.
5        (43) Repeated failure to adequately collaborate with a
6    licensed advanced practice registered nurse.
7        (44) Violating the Compassionate Use of Medical
8    Cannabis Pilot Program Act.
9        (45) Entering into an excessive number of written
10    collaborative agreements with licensed prescribing
11    psychologists resulting in an inability to adequately
12    collaborate.
13        (46) Repeated failure to adequately collaborate with a
14    licensed prescribing psychologist.
15        (47) Willfully failing to report an instance of
16    suspected abuse, neglect, financial exploitation, or
17    self-neglect of an eligible adult as defined in and
18    required by the Adult Protective Services Act.
19        (48) Being named as an abuser in a verified report by
20    the Department on Aging under the Adult Protective Services
21    Act, and upon proof by clear and convincing evidence that
22    the licensee abused, neglected, or financially exploited
23    an eligible adult as defined in the Adult Protective
24    Services Act.
25        (49) Entering into an excessive number of written
26    collaborative agreements with licensed physician

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1physicians, or other health care professionals, approved or
2designated by the Disciplinary Board, as a condition for
3issued, continued, reinstated, or renewed licensure to
4practice. Any physician, whose license was granted pursuant to
5Sections 9, 17, or 19 of this Act, or, continued, reinstated,
6renewed, disciplined or supervised, subject to such terms,
7conditions or restrictions who shall fail to comply with such
8terms, conditions or restrictions, or to complete a required
9program of care, counseling, or treatment, as determined by the
10Chief Medical Coordinator or Deputy Medical Coordinators,
11shall be referred to the Secretary for a determination as to
12whether the licensee shall have their license suspended
13immediately, pending a hearing by the Disciplinary Board. In
14instances in which the Secretary immediately suspends a license
15under this Section, a hearing upon such person's license must
16be convened by the Disciplinary Board within 15 days after such
17suspension and completed without appreciable delay. The
18Disciplinary Board shall have the authority to review the
19subject physician's record of treatment and counseling
20regarding the impairment, to the extent permitted by applicable
21federal statutes and regulations safeguarding the
22confidentiality of medical records.
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 Illinois
9State Medical Disciplinary 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
24surgery.
25    (C) The Department shall not revoke, suspend, place on
26probation, reprimand, refuse to issue or renew, or take any

 

 

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1other disciplinary or non-disciplinary action against the
2license or permit issued under this Act to practice medicine to
3a physician based solely upon the recommendation of the
4physician to an eligible patient regarding, or prescription
5for, or treatment with, an investigational drug, biological
6product, or device.
7    (D) The Disciplinary Board shall recommend to the
8Department civil penalties and any other appropriate
9discipline in disciplinary cases when the Board finds that a
10physician willfully performed an abortion with actual
11knowledge that the person upon whom the abortion has been
12performed is a minor or an incompetent person without notice as
13required under the Parental Notice of Abortion Act of 1995.
14Upon the Board's recommendation, the Department shall impose,
15for the first violation, a civil penalty of $1,000 and for a
16second or subsequent violation, a civil penalty of $5,000.
17(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
18100-429, eff. 8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
 
19    (225 ILCS 60/54.5)
20    (Section scheduled to be repealed on December 31, 2019)
21    Sec. 54.5. Physician delegation of authority to physician
22assistants, advanced practice registered nurses without full
23practice authority, and prescribing psychologists.
24    (a) Physicians licensed to practice medicine in all its
25branches may delegate care and treatment responsibilities to a

 

 

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1physician assistant under guidelines in accordance with the
2requirements of the Physician Assistant Practice Act of 1987. A
3physician licensed to practice medicine in all its branches may
4enter into collaborative agreements with no more than 7 5
5full-time equivalent physician assistants, except in a
6hospital, hospital affiliate, or ambulatory surgical treatment
7center as set forth by Section 7.7 of the Physician Assistant
8Practice Act of 1987 and as provided in subsection (a-5).
9    (a-5) A physician licensed to practice medicine in all its
10branches may collaborate with more than 7 physician assistants
11when the services are provided in a federal primary care health
12professional shortage area with a Health Professional Shortage
13Area score greater than or equal to 12, as determined by the
14United States Department of Health and Human Services.
15    The collaborating physician must keep appropriate
16documentation of meeting this exemption and make it available
17to the Department upon request.
18    (b) A physician licensed to practice medicine in all its
19branches in active clinical practice may collaborate with an
20advanced practice registered nurse in accordance with the
21requirements of the Nurse Practice Act. Collaboration is for
22the purpose of providing medical consultation, and no
23employment relationship is required. A written collaborative
24agreement shall conform to the requirements of Section 65-35 of
25the Nurse Practice Act. The written collaborative agreement
26shall be for services in the same area of practice or specialty

 

 

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1as the collaborating physician in his or her clinical medical
2practice. A written collaborative agreement shall be adequate
3with respect to collaboration with advanced practice
4registered nurses if all of the following apply:
5        (1) The agreement is written to promote the exercise of
6    professional judgment by the advanced practice registered
7    nurse commensurate with his or her education and
8    experience.
9        (2) The advanced practice registered nurse provides
10    services based upon a written collaborative agreement with
11    the collaborating physician, except as set forth in
12    subsection (b-5) of this Section. With respect to labor and
13    delivery, the collaborating physician must provide
14    delivery services in order to participate with a certified
15    nurse midwife.
16        (3) Methods of communication are available with the
17    collaborating physician in person or through
18    telecommunications for consultation, collaboration, and
19    referral as needed to address patient care needs.
20    (b-5) An anesthesiologist or physician licensed to
21practice medicine in all its branches may collaborate with a
22certified registered nurse anesthetist in accordance with
23Section 65-35 of the Nurse Practice Act for the provision of
24anesthesia services. With respect to the provision of
25anesthesia services, the collaborating anesthesiologist or
26physician shall have training and experience in the delivery of

 

 

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1anesthesia services consistent with Department rules.
2Collaboration shall be adequate if:
3        (1) an anesthesiologist or a physician participates in
4    the joint formulation and joint approval of orders or
5    guidelines and periodically reviews such orders and the
6    services provided patients under such orders; and
7        (2) for anesthesia services, the anesthesiologist or
8    physician participates through discussion of and agreement
9    with the anesthesia plan and is physically present and
10    available on the premises during the delivery of anesthesia
11    services for diagnosis, consultation, and treatment of
12    emergency medical conditions. Anesthesia services in a
13    hospital shall be conducted in accordance with Section 10.7
14    of the Hospital Licensing Act and in an ambulatory surgical
15    treatment center in accordance with Section 6.5 of the
16    Ambulatory Surgical Treatment Center Act.
17    (b-10) The anesthesiologist or operating physician must
18agree with the anesthesia plan prior to the delivery of
19services.
20    (c) The collaborating physician shall have access to the
21medical records of all patients attended by a physician
22assistant. The collaborating physician shall have access to the
23medical records of all patients attended to by an advanced
24practice registered nurse.
25    (d) (Blank).
26    (e) A physician shall not be liable for the acts or

 

 

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1omissions of a prescribing psychologist, physician assistant,
2or advanced practice registered nurse solely on the basis of
3having signed a supervision agreement or guidelines or a
4collaborative agreement, an order, a standing medical order, a
5standing delegation order, or other order or guideline
6authorizing a prescribing psychologist, physician assistant,
7or advanced practice registered nurse to perform acts, unless
8the physician has reason to believe the prescribing
9psychologist, physician assistant, or advanced practice
10registered nurse lacked the competency to perform the act or
11acts or commits willful and wanton misconduct.
12    (f) A collaborating physician may, but is not required to,
13delegate prescriptive authority to an advanced practice
14registered nurse as part of a written collaborative agreement,
15and the delegation of prescriptive authority shall conform to
16the requirements of Section 65-40 of the Nurse Practice Act.
17    (g) A collaborating physician may, but is not required to,
18delegate prescriptive authority to a physician assistant as
19part of a written collaborative agreement, and the delegation
20of prescriptive authority shall conform to the requirements of
21Section 7.5 of the Physician Assistant Practice Act of 1987.
22    (h) (Blank).
23    (i) A collaborating physician shall delegate prescriptive
24authority to a prescribing psychologist as part of a written
25collaborative agreement, and the delegation of prescriptive
26authority shall conform to the requirements of Section 4.3 of

 

 

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1the Clinical Psychologist Licensing Act.
2    (j) As set forth in Section 22.2 of this Act, a licensee
3under this Act may not directly or indirectly divide, share, or
4split any professional fee or other form of compensation for
5professional services with anyone in exchange for a referral or
6otherwise, other than as provided in Section 22.2.
7(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
8100-513, eff. 1-1-18; revised 9-29-17.)
 
9    Section 10. The Physician Assistant Practice Act of 1987 is
10amended by changing Sections 7 and 21 as follows:
 
11    (225 ILCS 95/7)  (from Ch. 111, par. 4607)
12    (Section scheduled to be repealed on January 1, 2028)
13    Sec. 7. Collaboration requirements.
14    (a) A collaborating physician shall determine the number of
15physician assistants to collaborate with, provided the
16physician is able to provide adequate collaboration as outlined
17in the written collaborative agreement required under Section
187.5 of this Act and consideration is given to the nature of the
19physician's practice, complexity of the patient population,
20and the experience of each physician assistant. A collaborating
21physician may collaborate with a maximum of 7 5 full-time
22equivalent physician assistants as described in Section 54.5 of
23the Medical Practice Act of 1987. As used in this Section,
24"full-time equivalent" means the equivalent of 40 hours per

 

 

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1week per individual. Physicians and physician assistants who
2work in a hospital, hospital affiliate, or ambulatory surgical
3treatment center as defined by Section 7.7 of this Act are
4exempt from the collaborative ratio restriction requirements
5of this Section. A physician assistant shall be able to hold
6more than one professional position. A collaborating physician
7shall file a notice of collaboration of each physician
8assistant according to the rules of the Department.
9    Physician assistants shall collaborate only with
10physicians as defined in this Act who are engaged in clinical
11practice, or in clinical practice in public health or other
12community health facilities.
13    Nothing in this Act shall be construed to limit the
14delegation of tasks or duties by a physician to a nurse or
15other appropriately trained personnel.
16    Nothing in this Act shall be construed to prohibit the
17employment of physician assistants by a hospital, nursing home
18or other health care facility where such physician assistants
19function under a collaborating physician.
20    A physician assistant may be employed by a practice group
21or other entity employing multiple physicians at one or more
22locations. In that case, one of the physicians practicing at a
23location shall be designated the collaborating physician. The
24other physicians with that practice group or other entity who
25practice in the same general type of practice or specialty as
26the collaborating physician may collaborate with the physician

 

 

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1assistant with respect to their patients.
2    (b) A physician assistant licensed in this State, or
3licensed or authorized to practice in any other U.S.
4jurisdiction or credentialed by his or her federal employer as
5a physician assistant, who is responding to a need for medical
6care created by an emergency or by a state or local disaster
7may render such care that the physician assistant is able to
8provide without collaboration as it is defined in this Section
9or with such collaboration as is available.
10    Any physician who collaborates with a physician assistant
11providing medical care in response to such an emergency or
12state or local disaster shall not be required to meet the
13requirements set forth in this Section for a collaborating
14physician.
15(Source: P.A. 100-453, eff. 8-25-17.)
 
16    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 21. Grounds for disciplinary action.
19    (a) The Department may refuse to issue or to renew, or may
20revoke, suspend, place on probation, reprimand, or take other
21disciplinary or non-disciplinary action with regard to any
22license issued under this Act as the Department may deem
23proper, including the issuance of fines not to exceed $10,000
24for each violation, for any one or combination of the following
25causes:

 

 

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1        (1) Material misstatement in furnishing information to
2    the Department.
3        (2) Violations of this Act, or the rules adopted under
4    this Act.
5        (3) Conviction by plea of guilty or nolo contendere,
6    finding of guilt, jury verdict, or entry of judgment or
7    sentencing, including, but not limited to, convictions,
8    preceding sentences of supervision, conditional discharge,
9    or first offender probation, under the laws of any
10    jurisdiction of the United States that is: (i) a felony; or
11    (ii) a misdemeanor, an essential element of which is
12    dishonesty, or that is directly related to the practice of
13    the profession.
14        (4) Making any misrepresentation for the purpose of
15    obtaining licenses.
16        (5) Professional incompetence.
17        (6) Aiding or assisting another person in violating any
18    provision of this Act or its rules.
19        (7) Failing, within 60 days, to provide information in
20    response to a written request made by the Department.
21        (8) Engaging in dishonorable, unethical, or
22    unprofessional conduct, as defined by rule, of a character
23    likely to deceive, defraud, or harm the public.
24        (9) Habitual or excessive use or addiction to alcohol,
25    narcotics, stimulants, or any other chemical agent or drug
26    that results in a physician assistant's inability to

 

 

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1    practice with reasonable judgment, skill, or safety.
2        (10) Discipline by another U.S. jurisdiction or
3    foreign nation, if at least one of the grounds for
4    discipline is the same or substantially equivalent to those
5    set forth in this Section.
6        (11) Directly or indirectly giving to or receiving from
7    any person, firm, corporation, partnership, or association
8    any fee, commission, rebate or other form of compensation
9    for any professional services not actually or personally
10    rendered. Nothing in this paragraph (11) affects any bona
11    fide independent contractor or employment arrangements,
12    which may include provisions for compensation, health
13    insurance, pension, or other employment benefits, with
14    persons or entities authorized under this Act for the
15    provision of services within the scope of the licensee's
16    practice under this Act.
17        (12) A finding by the Disciplinary Board that the
18    licensee, after having his or her license placed on
19    probationary status has violated the terms of probation.
20        (13) Abandonment of a patient.
21        (14) Willfully making or filing false records or
22    reports in his or her practice, including but not limited
23    to false records filed with state agencies or departments.
24        (15) Willfully failing to report an instance of
25    suspected child abuse or neglect as required by the Abused
26    and Neglected Child Reporting Act.

 

 

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1        (16) Physical illness, or mental illness or impairment
2    that results in the inability to practice the profession
3    with reasonable judgment, skill, or safety, including, but
4    not limited to, deterioration through the aging process or
5    loss of motor skill.
6        (17) Being named as a perpetrator in an indicated
7    report by the Department of Children and Family Services
8    under the Abused and Neglected Child Reporting Act, and
9    upon proof by clear and convincing evidence that the
10    licensee has caused a child to be an abused child or
11    neglected child as defined in the Abused and Neglected
12    Child Reporting Act.
13        (18) (Blank).
14        (19) Gross negligence resulting in permanent injury or
15    death of a patient.
16        (20) Employment of fraud, deception or any unlawful
17    means in applying for or securing a license as a physician
18    assistant.
19        (21) Exceeding the authority delegated to him or her by
20    his or her collaborating physician in a written
21    collaborative agreement.
22        (22) Immoral conduct in the commission of any act, such
23    as sexual abuse, sexual misconduct, or sexual exploitation
24    related to the licensee's practice.
25        (23) Violation of the Health Care Worker Self-Referral
26    Act.

 

 

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1        (24) Practicing under a false or assumed name, except
2    as provided by law.
3        (25) Making a false or misleading statement regarding
4    his or her skill or the efficacy or value of the medicine,
5    treatment, or remedy prescribed by him or her in the course
6    of treatment.
7        (26) Allowing another person to use his or her license
8    to practice.
9        (27) Prescribing, selling, administering,
10    distributing, giving, or self-administering a drug
11    classified as a controlled substance for other than
12    medically-accepted therapeutic purposes.
13        (28) Promotion of the sale of drugs, devices,
14    appliances, or goods provided for a patient in a manner to
15    exploit the patient for financial gain.
16        (29) A pattern of practice or other behavior that
17    demonstrates incapacity or incompetence to practice under
18    this Act.
19        (30) Violating State or federal laws or regulations
20    relating to controlled substances or other legend drugs or
21    ephedra as defined in the Ephedra Prohibition Act.
22        (31) Exceeding the prescriptive authority delegated by
23    the collaborating physician or violating the written
24    collaborative agreement delegating that authority.
25        (32) Practicing without providing to the Department a
26    notice of collaboration or delegation of prescriptive

 

 

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1    authority.
2        (33) Failure to establish and maintain records of
3    patient care and treatment as required by law.
4        (34) Attempting to subvert or cheat on the examination
5    of the National Commission on Certification of Physician
6    Assistants or its successor agency.
7        (35) Willfully or negligently violating the
8    confidentiality between physician assistant and patient,
9    except as required by law.
10        (36) Willfully failing to report an instance of
11    suspected abuse, neglect, financial exploitation, or
12    self-neglect of an eligible adult as defined in and
13    required by the Adult Protective Services Act.
14        (37) Being named as an abuser in a verified report by
15    the Department on Aging under the Adult Protective Services
16    Act and upon proof by clear and convincing evidence that
17    the licensee abused, neglected, or financially exploited
18    an eligible adult as defined in the Adult Protective
19    Services Act.
20        (38) Failure to report to the Department an adverse
21    final action taken against him or her by another licensing
22    jurisdiction of the United States or a foreign state or
23    country, a peer review body, a health care institution, a
24    professional society or association, a governmental
25    agency, a law enforcement agency, or a court acts or
26    conduct similar to acts or conduct that would constitute

 

 

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1    grounds for action under this Section.
2        (39) Failure to provide copies of records of patient
3    care or treatment, except as required by law.
4        (40) Entering into an excessive number of written
5    collaborative agreements with licensed physicians
6    resulting in an inability to adequately collaborate.
7        (41) Repeated failure to adequately collaborate with a
8    collaborating physician.
9    (b) The Department may, without a hearing, refuse to issue
10or renew or may suspend the license of any person who fails to
11file a return, or to pay the tax, penalty or interest shown in
12a filed return, or to pay any final assessment of the tax,
13penalty, or interest as required by any tax Act administered by
14the Illinois Department of Revenue, until such time as the
15requirements of any such tax Act are satisfied.
16    (c) The determination by a circuit court that a licensee is
17subject to involuntary admission or judicial admission as
18provided in the Mental Health and Developmental Disabilities
19Code operates as an automatic suspension. The suspension will
20end only upon a finding by a court that the patient is no
21longer subject to involuntary admission or judicial admission
22and issues an order so finding and discharging the patient, and
23upon the recommendation of the Disciplinary Board to the
24Secretary that the licensee be allowed to resume his or her
25practice.
26    (d) In enforcing this Section, the Department upon a

 

 

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

 

 

10000SB2904ham001- 32 -LRB100 18800 XWW 40386 a

1that relate to the examination and evaluation, including any
2supplemental testing performed.
3    The Department may order the examining physician or any
4member of the multidisciplinary team to present testimony
5concerning the mental or physical examination of the licensee
6or applicant. No information, report, record, or other
7documents in any way related to the examination shall be
8excluded by reason of any common law or statutory privilege
9relating to communications between the licensee or applicant
10and the examining physician or any member of the
11multidisciplinary team. No authorization is necessary from the
12licensee or applicant ordered to undergo an examination for the
13examining physician or any member of the multidisciplinary team
14to provide information, reports, records, or other documents or
15to provide any testimony regarding the examination and
16evaluation.
17    The individual to be examined may have, at his or her own
18expense, another physician of his or her choice present during
19all aspects of this examination. However, that physician shall
20be present only to observe and may not interfere in any way
21with the examination.
22     Failure of an individual to submit to a mental or physical
23examination, when ordered, shall result in an automatic
24suspension of his or her license until the individual submits
25to the examination.
26    If the Department finds an individual unable to practice

 

 

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1because of the reasons set forth in this Section, the
2Department may require that individual to submit to care,
3counseling, or treatment by physicians approved or designated
4by the Department, as a condition, term, or restriction for
5continued, reinstated, or renewed licensure to practice; or, in
6lieu of care, counseling, or treatment, the Department may file
7a complaint to immediately suspend, revoke, or otherwise
8discipline the license of the individual. An individual whose
9license was granted, continued, reinstated, renewed,
10disciplined, or supervised subject to such terms, conditions,
11or restrictions, and who fails to comply with such terms,
12conditions, or restrictions, shall be referred to the Secretary
13for a determination as to whether the individual shall have his
14or her license suspended immediately, pending a hearing by the
15Department.
16    In instances in which the Secretary immediately suspends a
17person's license under this Section, a hearing on that person's
18license must be convened by the Department within 30 days after
19the suspension and completed without appreciable delay. The
20Department shall have the authority to review the subject
21individual's record of treatment and counseling regarding the
22impairment to the extent permitted by applicable federal
23statutes and regulations safeguarding the confidentiality of
24medical records.
25    An individual licensed under this Act and affected under
26this Section shall be afforded an opportunity to demonstrate to

 

 

10000SB2904ham001- 34 -LRB100 18800 XWW 40386 a

1the Department that he or she can resume practice in compliance
2with acceptable and prevailing standards under the provisions
3of his or her license.
4    (e) An individual or organization acting in good faith, and
5not in a willful and wanton manner, in complying with this
6Section by providing a report or other information to the
7Board, by assisting in the investigation or preparation of a
8report or information, by participating in proceedings of the
9Board, or by serving as a member of the Board, shall not be
10subject to criminal prosecution or civil damages as a result of
11such actions.
12    (f) Members of the Board and the Disciplinary Board shall
13be indemnified by the State for any actions occurring within
14the scope of services on the Disciplinary Board or Board, done
15in good faith and not willful and wanton in nature. The
16Attorney General shall defend all such actions unless he or she
17determines either that there would be a conflict of interest in
18such representation or that the actions complained of were not
19in good faith or were willful and wanton.
20    If the Attorney General declines representation, the
21member has the right to employ counsel of his or her choice,
22whose fees shall be provided by the State, after approval by
23the Attorney General, unless there is a determination by a
24court that the member's actions were not in good faith or were
25willful and wanton.
26    The member must notify the Attorney General within 7 days

 

 

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1after receipt of notice of the initiation of any action
2involving services of the Disciplinary Board. Failure to so
3notify the Attorney General constitutes an absolute waiver of
4the right to a defense and indemnification.
5    The Attorney General shall determine, within 7 days after
6receiving such notice, whether he or she will undertake to
7represent the member.
8(Source: P.A. 100-453, eff. 8-25-17.)
 
9    Section 99. Effective date. This Act takes effect January
101, 2019.".