Rep. Mary E. Flowers

Filed: 3/17/2021





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2    AMENDMENT NO. ______. Amend House Bill 77 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Administration of Psychotropic Medications
5to Children Act is amended by changing Sections 5 and 15 as
7    (20 ILCS 535/5)
8    Sec. 5. Administration of psychotropic medications.
9    (a) On or before October 1, 2011, the Department of
10Children and Family Services shall promulgate final rules,
11amending its current rules establishing and maintaining
12standards and procedures to govern the administration of
13psychotropic medications. Such amendments to its rules shall
14include, but are not limited to, the following:
15        (1) (a) The role of the Department in the
16    administration of psychotropic medications to youth for



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1    whom it is legally responsible and who are in facilities
2    operated by the Illinois Department of Corrections or the
3    Illinois Department of Juvenile Justice.
4        (2) (b) Provisions regarding the administration of
5    psychotropic medications for youth for whom the Department
6    is legally responsible and who are in residential
7    facilities, group homes, transitional living programs, or
8    foster homes where the youth is under the age of 18 or
9    where the youth is 18 or older and has provided the
10    Department with appropriate consent.
11        (3) (c) Provisions regarding the administration of
12    psychotropic medications for youth for whom the Department
13    is legally responsible and who are in psychiatric
14    hospitals.
15        (4) (d) Provisions concerning the emergency use of
16    psychotropic medications, including appropriate and timely
17    reporting.
18        (5) (e) Provisions prohibiting the administration of
19    psychotropic medications to persons for whom the
20    Department is legally responsible as punishment for bad
21    behavior, for the convenience of staff or caregivers, or
22    as a substitute for adequate mental health care or other
23    services.
24        (6) (f) The creation of a committee to develop, post
25    on a website, and periodically review materials listing
26    which psychotropic medications are approved for use with



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1    youth for whom the Department has legal responsibility.
2    The materials shall include guidelines for the use of
3    psychotropic medications and may include the acceptable
4    range of dosages, contraindications, and time limits, if
5    any, and such other topics necessary to ensure the safe
6    and appropriate use of psychotropic medications.
7        (7) (g) Provisions regarding the appointment,
8    qualifications, and training of employees of the
9    Department who are authorized to consent to the
10    administration of psychotropic medications to youth for
11    whom the Department has legal responsibility, including
12    the scope of the authority of such persons.
13        (8) (h) Provisions regarding training and materials
14    for parents, foster parents, and relative caretakers
15    concerning the rules governing the use of psychotropic
16    medications with youth for whom the Department has legal
17    responsibility.
18        (9) (i) With respect to any youth under the age of 18
19    for whom the Department has legal responsibility and who
20    does not assent to the administration of recommended
21    psychotropic medication, provisions providing standards
22    and procedures for reviewing the youth's concerns. With
23    respect to any youth over the age of 18 for whom the
24    Department has legal responsibility and who does not
25    consent to the administration of recommended psychotropic
26    medication, provisions providing standards and procedures



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1    for reviewing the youth's concerns upon the youth's
2    request and with the youth's consent. Standards and
3    procedures developed under this subsection shall not be
4    inconsistent with the Mental Health and Developmental
5    Disabilities Code.
6        (10) (j) Provisions ensuring that, subject to all
7    relevant confidentiality laws, service plans for youth for
8    whom the Department has legal responsibility include the
9    following information:
10            (A) (1) Identification by name and dosage of the
11        psychotropic medication known by the Department to
12        have been administered to the youth since the last
13        service plan.
14            (B) (2) The benefits of the psychotropic
15        medication.
16            (C) (3) The negative side effects of the
17        psychotropic medication.
18    (b) The Department shall maintain a record of the
19following information for every youth in care prescribed or
20provided psychotropic medication:
21        (1) a list of the psychotropic medications prescribed;
22        (2) the consent date for each psychotropic medication
23    prescribed;
24        (3) the date the youth assented for each psychotropic
25    medication prescribed;
26        (4) the prescriber's name and contact information;



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1        (5) the diagnoses received on each youth; and
2        (6) the youth's weight.
3    (c) The Department shall collect all necessary information
4to complete the annual report required under Section 15 and
5use this information to analyze prescribing patterns by
6population for youth for whom the Department is legally
8    (d) The Department may contract for consulting services
9from a psychiatrist who has expertise and specializes in
10pediatric care for the purposes of the analysis required under
11subsection (c).
12    (e) The Department, in cooperation with the Department of
13Healthcare and Family Services, shall ensure that on an annual
14basis all persons licensed under the Medical Practice Act of
151987 to practice medicine in all of its branches who prescribe
16psychotropic medication to youth for whom the Department is
17legally responsible are provided with comprehensive,
18up-to-date medical guidelines regarding the prescribing of
19such medications to youth in care.
20(Source: P.A. 97-245, eff. 8-4-11.)
21    (20 ILCS 535/15)
22    Sec. 15. Annual report.
23    (a) No later than December 31 of each year, the Department
24shall prepare and submit an annual report, covering the
25previous fiscal year, to the General Assembly concerning the



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1administration of psychotropic medication to persons for whom
2it is legally responsible. This report shall include, but is
3not limited to, the following:
4        (1) The number of violations of any rule enacted
5    pursuant to Section 5 of this Act.
6        (2) The number of warnings issued pursuant to
7    subsection (b) of Section 10 of this Act.
8        (3) The number of physicians who have been issued
9    warnings pursuant to subsection (b) of Section 10 of this
10    Act.
11        (4) The number of physicians who have been reported to
12    the Department of Financial and Professional Regulation
13    pursuant to subsection (c) of Section 10 of this Act, and,
14    if available, the results of such reports.
15        (5) The number of facilities that have been reported
16    to the Department of Public Health pursuant to subsection
17    (d) of Section 10 of this Act and, if available, the
18    results of such reports.
19        (6) The number of Department-licensed facilities that
20    have been the subject of licensing complaints pursuant to
21    subsection (f) of Section 10 of this Act, and if
22    available, the results of the complaint investigations.
23        (7) Any recommendations for legislative changes or
24    amendments to any of its rules or procedures established
25    or maintained in compliance with this Act.
26        (8) The total number of requests the Department



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1    received requesting consent to provide psychotropic
2    medication to youth for whom the Department is legally
3    responsible and the total number of these requests that
4    the Department denied.
5        (9) The number of physicians who prescribed
6    psychotropic medication to youth for whom the Department
7    is legally responsible and obtained the consent of the
8    Department as guardian.
9        (10) The number of physicians who have prescribed
10    psychotropic medication to youth for whom the Department
11    is legally responsible without the consent of the
12    Department as guardian.
13        (11) The total number of youth for whom the Department
14    is legally responsible who are prescribed at least one
15    psychotropic medication.
16        (12) The total number of youth for whom the Department
17    is legally responsible who received at least one
18    psychotropic medication on an emergency basis, and of
19    those, the number in which Department procedures for
20    emergency consent and notification were followed.
21        (13) Pharmacy claims data for the youth categorized by
22    age groups 0 through 6, 7 through 12, or 13 through 17 and
23    further categorized by gender and the number and type of
24    medication prescribed.
25    Prior to the release of this data, personal identifiers,
26such as name, date of birth, address, and Social Security



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1number, shall be removed and a unique identifier shall be
3    (b) The requirement for reporting to the General Assembly
4shall be satisfied by filing copies of the report as required
5by Section 3.1 of the General Assembly Organization Act and by
6filing additional copies with the State Government Report
7Distribution Center for the General Assembly as required under
8paragraph (t) of Section 7 of the State Library Act.
9    (c) No later than December 31, 2021, and December 31 of
10each year thereafter, the Department shall post on its website
11each annual report required under this Section.
12(Source: P.A. 100-1148, eff. 12-10-18.)
13    Section 10. The Medical Practice Act of 1987 is amended by
14changing Section 22 as follows:
15    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 22. Disciplinary action.
18    (A) The Department may revoke, suspend, place on
19probation, reprimand, refuse to issue or renew, or take any
20other disciplinary or non-disciplinary action as the
21Department may deem proper with regard to the license or
22permit of any person issued under this Act, including imposing
23fines not to exceed $10,000 for each violation, upon any of the
24following grounds:



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1        (1) (Blank).
2        (2) (Blank).
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
16    defined in law as controlled substances, of alcohol, or of
17    any other substances which results in the inability to
18    practice 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
14    of 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
19    of the Secretary, after consideration of the
20    recommendation 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
13    treat disease by a secret method, procedure, treatment, or
14    medicine, or the treating, operating, or prescribing for
15    any human condition by a method, means, or procedure which
16    the licensee refuses to divulge upon demand of the
17    Department.
18        (20) Immoral conduct in the commission of any act
19    including, but not limited to, commission of an act of
20    sexual misconduct related to the licensee's practice.
21        (21) Willfully making or filing false records or
22    reports in his or her practice as a physician, including,
23    but not limited to, false records to support claims
24    against the medical assistance program of the Department
25    of Healthcare and Family Services (formerly Department of
26    Public Aid) under the Illinois Public Aid Code.



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



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



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



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1    with the Chief Medical Coordinator or the Deputy Medical
2    Coordinator.
3        (39) Violating the Health Care Worker Self-Referral
4    Act.
5        (40) Willful failure to provide notice when notice is
6    required under the Parental Notice of Abortion Act of
7    1995.
8        (41) Failure to establish and maintain records of
9    patient care and treatment as required by this law.
10        (42) Entering into an excessive number of written
11    collaborative agreements with licensed advanced practice
12    registered nurses resulting in an inability to adequately
13    collaborate.
14        (43) Repeated failure to adequately collaborate with a
15    licensed advanced practice registered nurse.
16        (44) Violating the Compassionate Use of Medical
17    Cannabis Program Act.
18        (45) Entering into an excessive number of written
19    collaborative agreements with licensed prescribing
20    psychologists resulting in an inability to adequately
21    collaborate.
22        (46) Repeated failure to adequately collaborate with a
23    licensed prescribing psychologist.
24        (47) Willfully failing to report an instance of
25    suspected abuse, neglect, financial exploitation, or
26    self-neglect of an eligible adult as defined in and



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1    required by the Adult Protective Services Act.
2        (48) Being named as an abuser in a verified report by
3    the Department on Aging under the Adult Protective
4    Services Act, and upon proof by clear and convincing
5    evidence that the licensee abused, neglected, or
6    financially exploited an eligible adult as defined in the
7    Adult Protective Services Act.
8        (49) Entering into an excessive number of written
9    collaborative agreements with licensed physician
10    assistants resulting in an inability to adequately
11    collaborate.
12        (50) Repeated failure to adequately collaborate with a
13    physician assistant.
14        (51) Repeated acts of clearly excessive prescribing,
15    furnishing, or administering psychotropic medications to a
16    minor without a good faith prior examination of the
17    patient and medical reason therefor.
18    Except for actions involving the ground numbered (26), all
19proceedings to suspend, revoke, place on probationary status,
20or take any other disciplinary action as the Department may
21deem proper, with regard to a license on any of the foregoing
22grounds, must be commenced within 5 years next after receipt
23by the Department of a complaint alleging the commission of or
24notice of the conviction order for any of the acts described
25herein. Except for the grounds numbered (8), (9), (26), and
26(29), no action shall be commenced more than 10 years after the



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1date of the incident or act alleged to have violated this
2Section. For actions involving the ground numbered (26), a
3pattern of practice or other behavior includes all incidents
4alleged to be part of the pattern of practice or other behavior
5that occurred, or a report pursuant to Section 23 of this Act
6received, within the 10-year period preceding the filing of
7the complaint. In the event of the settlement of any claim or
8cause of action in favor of the claimant or the reduction to
9final judgment of any civil action in favor of the plaintiff,
10such claim, cause of action, or civil action being grounded on
11the allegation that a person licensed under this Act was
12negligent in providing care, the Department shall have an
13additional period of 2 years from the date of notification to
14the Department under Section 23 of this Act of such settlement
15or final judgment in which to investigate and commence formal
16disciplinary proceedings under Section 36 of this Act, except
17as otherwise provided by law. The time during which the holder
18of the license was outside the State of Illinois shall not be
19included within any period of time limiting the commencement
20of disciplinary action by the Department.
21    The entry of an order or judgment by any circuit court
22establishing that any person holding a license under this Act
23is a person in need of mental treatment operates as a
24suspension of that license. That person may resume his or her
25their practice only upon the entry of a Departmental order
26based upon a finding by the Disciplinary Board that the person



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



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



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



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



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1have his or her their license suspended immediately, pending a
2hearing by the Disciplinary Board. In instances in which the
3Secretary immediately suspends a license under this Section, a
4hearing upon such person's license must be convened by the
5Disciplinary Board within 15 days after such suspension and
6completed without appreciable delay. The Disciplinary Board
7shall have the authority to review the subject physician's
8record of treatment and counseling regarding the impairment,
9to the extent permitted by applicable federal statutes and
10regulations safeguarding the confidentiality of medical
12    An individual licensed under this Act, affected under this
13Section, shall be afforded an opportunity to demonstrate to
14the Disciplinary Board that he or she they can resume practice
15in compliance with acceptable and prevailing standards under
16the provisions of his or her their license.
17    The Department may promulgate rules for the imposition of
18fines in disciplinary cases, not to exceed $10,000 for each
19violation of this Act. Fines may be imposed in conjunction
20with other forms of disciplinary action, but shall not be the
21exclusive disposition of any disciplinary action arising out
22of conduct resulting in death or injury to a patient. Any funds
23collected from such fines shall be deposited in the Illinois
24State Medical Disciplinary Fund.
25    All fines imposed under this Section shall be paid within
2660 days after the effective date of the order imposing the fine



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1or in accordance with the terms set forth in the order imposing
2the fine.
3    (B) The Department shall revoke the license or permit
4issued under this Act to practice medicine or a chiropractic
5physician who has been convicted a second time of committing
6any felony under the Illinois Controlled Substances Act or the
7Methamphetamine Control and Community Protection Act, or who
8has been convicted a second time of committing a Class 1 felony
9under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
10person whose license or permit is revoked under this
11subsection B shall be prohibited from practicing medicine or
12treating human ailments without the use of drugs and without
13operative surgery.
14    (C) The Department shall not revoke, suspend, place on
15probation, reprimand, refuse to issue or renew, or take any
16other disciplinary or non-disciplinary action against the
17license or permit issued under this Act to practice medicine
18to a physician:
19        (1) based solely upon the recommendation of the
20    physician to an eligible patient regarding, or
21    prescription for, or treatment with, an investigational
22    drug, biological product, or device; or
23        (2) for experimental treatment for Lyme disease or
24    other tick-borne diseases, including, but not limited to,
25    the prescription of or treatment with long-term
26    antibiotics.



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1    (D) The Disciplinary Board shall recommend to the
2Department civil penalties and any other appropriate
3discipline in disciplinary cases when the Board finds that a
4physician willfully performed an abortion with actual
5knowledge that the person upon whom the abortion has been
6performed is a minor or an incompetent person without notice
7as required under the Parental Notice of Abortion Act of 1995.
8Upon the Board's recommendation, the Department shall impose,
9for the first violation, a civil penalty of $1,000 and for a
10second or subsequent violation, a civil penalty of $5,000.
11(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
12100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
131-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
14eff. 8-9-19; revised 9-20-19.)".