State of Illinois
91st General Assembly

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 1        AN ACT concerning parental notice of abortion.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.   This Act may be cited as the
 5    Parental Notice of Abortion Act of 1999.

 6        Section  5.  Legislative  findings  and   purpose.    The
 7    General  Assembly  finds that notification of a family member
 8    as defined in  this  Act  is  in  the  best  interest  of  an
 9    unemancipated  minor,  and  the General Assembly's purpose in
10    enacting this parental notice law is to further  and  protect
11    the best interests of an unemancipated minor.
12        The medical, emotional, and psychological consequences of
13    abortion are sometimes serious and long-lasting, and immature
14    minors  often lack the ability to make fully informed choices
15    that consider both the immediate and long-range consequences.
16        Parental consultation is usually in the best interest  of
17    the  minor  and  is  desirable  since  the capacity to become
18    pregnant and the capacity for mature judgment concerning  the
19    wisdom of an abortion are not necessarily related.

20        Section 10.  Definitions.  As used in this Act:
21        "Abortion"  means  the  use  of any instrument, medicine,
22    drug, or any other  substance  or  device  to  terminate  the
23    pregnancy  of  a woman known to be pregnant with an intention
24    other than to increase the probability of a  live  birth,  to
25    preserve  the  life or health of a child after live birth, or
26    to remove a dead fetus.
27        "Actual notice" means the giving of notice  directly,  in
28    person, or by telephone.
29        "Adult family member" means a person over 21 years of age
30    who  is (1) a parent, (2) a grandparent or step-parent living
                            -2-               LRB9103257ACtmA
 1    in the household, or (3) a legal guardian.
 2        "Constructive notice" means notice by certified  mail  to
 3    the  last known address of the person entitled to notice with
 4    delivery deemed to have occurred 48 hours after the certified
 5    notice is mailed.
 6        "Incompetent" means any person who has been  adjudged  as
 7    mentally  ill or developmentally disabled and who, because of
 8    her mental illness or developmental disability, is not  fully
 9    able  to  manage  her  person  and for whom a guardian of the
10    person has been appointed under Section  11a-3(a)(1)  of  the
11    Probate Act of 1975.
12        "Medical  emergency" means a condition that, on the basis
13    of  the    physician's  good  faith  clinical  judgment,   so
14    complicates  the  medical condition of a pregnant woman as to
15    necessitate the immediate abortion of her pregnancy to  avert
16    her  death  or  for which a delay will create serious risk of
17    substantial  and  irreversible  impairment  of  major  bodily
18    function.
19        "Minor" means any person under 18 years of age who is not
20    or has not been married or who has not been emancipated under
21    the Emancipation of Mature Minors Act.
22        "Neglect" means the failure of an adult family member  to
23    supply  a  child  with  necessary food, clothing, shelter, or
24    medical care when reasonably able to do so or the failure  to
25    protect  a  child  from conditions or actions that imminently
26    and seriously endanger the child's physical or mental  health
27    when reasonably able to do so.
28        "Physical  abuse" means any physical injury intentionally
29    inflicted by an adult family member on a child.
30        "Physician"  means  any  person  licensed   to   practice
31    medicine  in  all its branches under the Medical Practice Act
32    of 1987.
33        "Sexual  abuse"  means  any  sexual  conduct  or   sexual
34    penetration  as defined in Section 12-12 of the Criminal Code
                            -3-               LRB9103257ACtmA
 1    of 1961 that is prohibited by the criminal laws of the  State
 2    of  Illinois and committed against a minor by an adult family
 3    member as defined in this Act.

 4        Section 15.  Notice to adult family  member.   No  person
 5    shall  knowingly  perform an abortion upon a minor or upon an
 6    incompetent person unless the physician or his or  her  agent
 7    has  given at least 48 hours actual notice to an adult family
 8    member of the pregnant minor or incompetent person of his  or
 9    her  intention to perform the abortion, unless that person or
10    his or her agent  has  received  a  written  statement  by  a
11    referring  physician  certifying that the referring physician
12    or his or her agent has given at least 48 hours notice to  an
13    adult  family  member  of  the  pregnant minor or incompetent
14    person.  If actual notice is not possible after a  reasonable
15    effort,  the physician or his or her agent must give 48 hours
16    constructive notice.

17        Section 20.  Exceptions.  Notice shall  not  be  required
18    under this Act if:
19             (1)  the  minor or incompetent person is accompanied
20        by a person entitled to notice; or
21             (2)  notice is waived in writing by a person who  is
22        entitled to notice; or
23             (3)  the   attending   physician  certifies  in  the
24        patient's medical record that a medical emergency  exists
25        and  there  is  insufficient time to provide the required
26        notice; or
27             (4)  the minor declares in writing  that  she  is  a
28        victim  of sexual abuse, neglect, or physical abuse by an
29        adult  family  member  as  defined  in  this  Act.    The
30        attending physician must certify in the patient's medical
31        record  that  he  or  she  has   received   the   written
32        declaration  of  abuse  or  neglect.  Any notification of
                            -4-               LRB9103257ACtmA
 1        public authorities of abuse that may  be  required  under
 2        other  laws  of this State need not be made by the person
 3        performing the abortion until after the minor receives an
 4        abortion that otherwise complies with the requirements of
 5        this Act; or
 6             (5)  notice is waived under Section 25.

 7        Section 25.  Procedure for judicial waiver of notice.
 8        (a)  The requirements and procedures under  this  Section
 9    are  available  to  minors and incompetent persons whether or
10    not they are residents of this State.
11        (b)  The minor or incompetent  person  may  petition  any
12    circuit  court for a waiver of the notice requirement and may
13    participate in proceedings on  her  own  behalf.   The  court
14    shall  appoint  a guardian ad litem for her.  Any guardian ad
15    litem appointed under this Act  shall  act  to  maintain  the
16    confidentiality  of the proceedings.  The circuit court shall
17    advise her that she has a right  to  court-appointed  counsel
18    and shall provide her with counsel upon her request.
19        (c)  Court   proceedings  under  this  Section  shall  be
20    confidential and shall ensure the anonymity of the  minor  or
21    incompetent person.  All court proceedings under this Section
22    shall  be sealed.  The minor or incompetent person shall have
23    the right to file her petition in the circuit court  using  a
24    pseudonym  or  using  solely  her  initials.   All  documents
25    related  to this petition shall be confidential and shall not
26    be made available to the public.
27        These proceedings shall be given  precedence  over  other
28    pending  matters  to  the extent necessary to ensure that the
29    court reaches a decision promptly.  The court shall rule  and
30    issue  written findings of fact and conclusions of law within
31    48 hours of the time that the petition is filed, except  that
32    the  48-hour limitation may be extended at the request of the
33    minor or incompetent person.  If  the  court  fails  to  rule
                            -5-               LRB9103257ACtmA
 1    within  the 48-hour period and an extension is not requested,
 2    then the petition shall be deemed to have been  granted,  and
 3    the notice requirement shall be waived.
 4        (d)  Notice  shall  be  waived  if  the  court finds by a
 5    preponderance of the evidence either:
 6             (1)  that  the  minor  or  incompetent   person   is
 7        sufficiently  mature  and  well enough informed to decide
 8        intelligently whether to have an abortion, or
 9             (2)  that notification under Section 15 of this  Act
10        would  not  be  in  the  best  interests  of the minor or
11        incompetent person.
12        (e)  A court that conducts proceedings under this Section
13    shall issue written and specific factual findings  and  legal
14    conclusions  supporting  its  decision and shall order that a
15    confidential record of the evidence and the judge's  findings
16    and conditions be maintained.
17        (f)  An expedited confidential appeal shall be available,
18    as  the  Supreme  Court  provides  by  rule,  to any minor or
19    incompetent person to whom the circuit court denies a  waiver
20    of  notice.   An order authorizing an abortion without notice
21    shall not be subject to appeal.
22        (g)  The  Supreme  Court  is  respectfully  requested  to
23    promulgate any rules and regulations necessary to ensure that
24    proceedings under this Act are handled in an expeditious  and
25    confidential manner.
26        (h)  No   fees   shall   be  required  of  any  minor  or
27    incompetent person  who  avails  herself  of  the  procedures
28    provided by this Section.

29        Section  30.  Minor's  consent to abortion.  A person may
30    not perform an  abortion  on  a  minor  without  the  minor's
31    consent, except in a medical emergency.

32        Section  35.  Reports.   The  Department of Public Health
                            -6-               LRB9103257ACtmA
 1    shall comply with the reporting requirements set forth in the
 2    consent decree in Herbst v. O'Malley, case no.  84-C-5602  in
 3    the   U.S.  District  Court  for  the  Northern  District  of
 4    Illinois, Eastern Division.  These reports shall also include
 5    whether the required notice under Section 15 of this Act  was
 6    given and, if an exception to the notice requirement applied,
 7    what  exception  was  used.  No patient's name may be used in
 8    any report submitted under this Section.

 9        Section 40.  Penalties.
10        (a)  Any physician who willfully fails to provide  notice
11    as required under this Act before performing an abortion on a
12    minor  or  an  incompetent  person  shall  be referred to the
13    Illinois State  Medical  Disciplinary  Board  for  action  in
14    accordance  with  Section  22  of the Medical Practice Act of
15    1987.
16        (b)  Any person, not authorized under this Act, who signs
17    any waiver of  notice  for  a  minor  or  incompetent  person
18    seeking an abortion, is guilty of a Class C misdemeanor.

19        Section 45.  Immunity.  Any physician who, in good faith,
20    provides notice in accordance with Section 15 or relies on an
21    exception  under  Section 20 shall not be subject to any type
22    of  civil   or   criminal   liability   or   discipline   for
23    unprofessional conduct for failure to give required notice.

24        Section  50.  Severability  and  inseverability.   If any
25    provision of this Act or its application  to  any  person  or
26    circumstance   is   held  invalid,  the  invalidity  of  that
27    provision or application does not affect other provisions  or
28    applications  of the Act that can be given effect without the
29    invalid provision or application, except that Section  25  is
30    inseverable  to the extent that if all or any substantial and
31    material part of Section 25 is held invalid, then the  entire
                            -7-               LRB9103257ACtmA
 1    Act is invalid.

 2        Section  85.  The Medical Practice Act of 1987 is amended
 3    by changing Sections 22 and 23 as follows:

 4        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
 5        Sec. 22.  Disciplinary action.
 6        (A)  The  Department  may  revoke,  suspend,   place   on
 7    probationary status, or take any other disciplinary action as
 8    the  Department may deem proper with regard to the license or
 9    visiting professor permit of any person issued under this Act
10    to practice medicine, or to treat human ailments without  the
11    use  of  drugs  and without operative surgery upon any of the
12    following grounds:
13             (1)  Performance of  an  elective  abortion  in  any
14        place, locale, facility, or institution other than:
15                  (a)  a   facility   licensed  pursuant  to  the
16             Ambulatory Surgical Treatment Center Act;
17                  (b)  an institution licensed under the Hospital
18             Licensing Act; or
19                  (c)  an ambulatory surgical treatment center or
20             hospitalization or care facility maintained  by  the
21             State  or  any agency thereof, where such department
22             or agency has authority under law to  establish  and
23             enforce   standards   for  the  ambulatory  surgical
24             treatment   centers,   hospitalization,   or    care
25             facilities under its management and control; or
26                  (d)  ambulatory   surgical  treatment  centers,
27             hospitalization or care facilities maintained by the
28             Federal Government; or
29                  (e)  ambulatory  surgical  treatment   centers,
30             hospitalization or care facilities maintained by any
31             university  or college established under the laws of
32             this State and supported principally by public funds
                            -8-               LRB9103257ACtmA
 1             raised by taxation.
 2             (2)  Performance  of  an  abortion  procedure  in  a
 3        wilful and wanton manner on a woman who was not  pregnant
 4        at the time the abortion procedure was performed.
 5             (3)  The conviction of a felony in this or any other
 6        jurisdiction,  except as otherwise provided in subsection
 7        B of this Section, whether or  not  related  to  practice
 8        under  this  Act,  or  the  entry  of  a  guilty  or nolo
 9        contendere plea to a felony charge.
10             (4)  Gross negligence in practice under this Act.
11             (5)  Engaging   in   dishonorable,   unethical    or
12        unprofessional  conduct of a character likely to deceive,
13        defraud or harm the public.
14             (6)  Obtaining  any  fee  by   fraud,   deceit,   or
15        misrepresentation.
16             (7)  Habitual  or  excessive  use  or abuse of drugs
17        defined in law as controlled substances, of  alcohol,  or
18        of any other substances which results in the inability to
19        practice with reasonable judgment, skill or safety.
20             (8)  Practicing under a false or, except as provided
21        by law, an assumed name.
22             (9)  Fraud  or misrepresentation in applying for, or
23        procuring, a license under this Act or in connection with
24        applying for renewal of a license under this Act.
25             (10)  Making  a  false   or   misleading   statement
26        regarding  their  skill  or  the efficacy or value of the
27        medicine, treatment, or  remedy  prescribed  by  them  at
28        their  direction in the treatment of any disease or other
29        condition of the body or mind.
30             (11)  Allowing another person or organization to use
31        their license, procured under this Act, to practice.
32             (12)  Disciplinary  action  of  another   state   or
33        jurisdiction  against a license or other authorization to
34        practice as  a  medical  doctor,  doctor  of  osteopathy,
                            -9-               LRB9103257ACtmA
 1        doctor of osteopathic medicine or doctor of chiropractic,
 2        a certified copy of the record of the action taken by the
 3        other  state  or  jurisdiction being prima facie evidence
 4        thereof.
 5             (13)  Violation of any provision of this Act  or  of
 6        the Medical Practice Act prior to the repeal of that Act,
 7        or  violation  of  the  rules,  or a final administrative
 8        action  of  the  Director,  after  consideration  of  the
 9        recommendation of the Disciplinary Board.
10             (14)  Dividing with  anyone  other  than  physicians
11        with  whom  the  licensee  practices  in  a  partnership,
12        Professional  Association,  limited liability company, or
13        Medical or Professional Corporation any fee,  commission,
14        rebate or other form of compensation for any professional
15        services  not  actually  and personally rendered. Nothing
16        contained in this subsection  prohibits  persons  holding
17        valid and current licenses under this Act from practicing
18        medicine  in  partnership  under a partnership agreement,
19        including a limited liability partnership, in  a  limited
20        liability  company  under  the  Limited Liability Company
21        Act,  in  a  corporation  authorized   by   the   Medical
22        Corporation  Act,  as  an  association  authorized by the
23        Professional Association Act, or in a  corporation  under
24        the   Professional   Corporation  Act  or  from  pooling,
25        sharing, dividing or apportioning  the  fees  and  monies
26        received  by  them  or by the partnership, corporation or
27        association in accordance with the partnership  agreement
28        or  the  policies  of  the  Board  of  Directors  of  the
29        corporation  or  association.   Nothing contained in this
30        subsection prohibits 2 or more corporations authorized by
31        the Medical Corporation Act, from forming  a  partnership
32        or  joint  venture  of  such  corporations, and providing
33        medical, surgical and scientific research  and  knowledge
34        by  employees of these corporations if such employees are
                            -10-              LRB9103257ACtmA
 1        licensed  under  this  Act,  or  from  pooling,  sharing,
 2        dividing, or apportioning the fees and monies received by
 3        the partnership or joint venture in accordance  with  the
 4        partnership   or   joint   venture   agreement.   Nothing
 5        contained in this subsection shall abrogate the right  of
 6        2  or  more  persons,  holding valid and current licenses
 7        under this Act, to each receive adequate compensation for
 8        concurrently rendering professional services to a patient
 9        and  divide  a  fee;  provided,  the  patient  has   full
10        knowledge  of  the  division,  and,  provided,  that  the
11        division  is made in proportion to the services performed
12        and responsibility assumed by each.
13             (15)  A finding by the  Medical  Disciplinary  Board
14        that  the  registrant  after  having  his  or her license
15        placed on probationary status or subjected to  conditions
16        or  restrictions  violated  the terms of the probation or
17        failed to comply with such terms or conditions.
18             (16)  Abandonment of a patient.
19             (17)  Prescribing,      selling,      administering,
20        distributing,  giving  or  self-administering  any   drug
21        classified as a controlled substance (designated product)
22        or narcotic for other than medically accepted therapeutic
23        purposes.
24             (18)  Promotion  of  the  sale  of  drugs,  devices,
25        appliances or goods provided for a patient in such manner
26        as  to  exploit  the  patient  for  financial gain of the
27        physician.
28             (19)  Offering, undertaking or agreeing to  cure  or
29        treat disease by a secret method, procedure, treatment or
30        medicine,  or  the treating, operating or prescribing for
31        any human condition by a method, means or procedure which
32        the licensee  refuses  to  divulge  upon  demand  of  the
33        Department.
34             (20)  Immoral  conduct  in the commission of any act
                            -11-              LRB9103257ACtmA
 1        including, but not limited to, commission of  an  act  of
 2        sexual misconduct related to the licensee's practice.
 3             (21)  Wilfully  making  or  filing  false records or
 4        reports in his or her practice as a physician, including,
 5        but not limited  to,  false  records  to  support  claims
 6        against  the medical assistance program of the Department
 7        of Public Aid under the Illinois Public Aid Code.
 8             (22)  Wilful omission to file or record, or wilfully
 9        impeding the filing or  recording,  or  inducing  another
10        person  to  omit  to  file  or record, medical reports as
11        required  by  law,  or  wilfully  failing  to  report  an
12        instance of suspected abuse or  neglect  as  required  by
13        law.
14             (23)  Being  named  as a perpetrator in an indicated
15        report by the Department of Children and Family  Services
16        under  the  Abused and Neglected Child Reporting Act, and
17        upon proof by clear  and  convincing  evidence  that  the
18        licensee  has  caused  a  child  to be an abused child or
19        neglected child as defined in the  Abused  and  Neglected
20        Child Reporting Act.
21             (24)  Solicitation  of professional patronage by any
22        corporation, agents or persons, or profiting  from  those
23        representing themselves to be agents of the licensee.
24             (25)  Gross  and  wilful  and continued overcharging
25        for  professional  services,   including   filing   false
26        statements  for collection of fees for which services are
27        not rendered, including, but not limited to, filing  such
28        false  statements  for  collection of monies for services
29        not rendered from the medical assistance program  of  the
30        Department  of  Public  Aid under the Illinois Public Aid
31        Code.
32             (26)  A pattern of practice or other behavior  which
33        demonstrates incapacity or incompetence to practice under
34        this Act.
                            -12-              LRB9103257ACtmA
 1             (27)  Mental  illness or disability which results in
 2        the inability to practice under this Act with  reasonable
 3        judgment, skill or safety.
 4             (28)  Physical  illness,  including, but not limited
 5        to, deterioration through the aging process, or  loss  of
 6        motor  skill  which results in a physician's inability to
 7        practice under this Act with reasonable  judgment,  skill
 8        or safety.
 9             (29)  Cheating   on   or   attempt  to  subvert  the
10        licensing examinations administered under this Act.
11             (30)  Wilfully   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.
22             (34)  Failure  to  report  to  the  Department   any
23        adverse  final  action  taken  against  them  by  another
24        licensing  jurisdiction (any other state or any territory
25        of the United States or any foreign state or country), by
26        any peer review body, by any health care institution,  by
27        any   professional  society  or  association  related  to
28        practice under this Act, by any governmental  agency,  by
29        any  law  enforcement agency, or by any court for acts or
30        conduct similar to acts or conduct which would constitute
31        grounds for action as defined in this Section.
32             (35)  Failure to report to the Department  surrender
33        of  a  license  or authorization to practice as a medical
34        doctor, a doctor of osteopathy, a doctor  of  osteopathic
                            -13-              LRB9103257ACtmA
 1        medicine,  or  doctor of chiropractic in another state or
 2        jurisdiction, or surrender of membership on  any  medical
 3        staff  or  in  any medical or professional association or
 4        society, while under disciplinary investigation by any of
 5        those authorities or bodies, for acts or conduct  similar
 6        to  acts  or  conduct  which would constitute grounds for
 7        action as defined in this Section.
 8             (36)  Failure  to  report  to  the  Department   any
 9        adverse  judgment,  settlement,  or  award arising from a
10        liability claim related to acts  or  conduct  similar  to
11        acts or conduct which would constitute grounds for action
12        as defined in this Section.
13             (37)  Failure  to transfer copies of medical records
14        as required by law.
15             (38)  Failure  to  furnish   the   Department,   its
16        investigators  or  representatives, relevant information,
17        legally requested by the  Department  after  consultation
18        with  the Chief Medical Coordinator or the Deputy Medical
19        Coordinator.
20             (39)  Violating the Health Care Worker Self-Referral
21        Act.
22             (40)  Willful failure to provide notice when  notice
23        is  required under the Parental Notice of Abortion Act of
24        1999. Willful failure to provide notice  when  notice  is
25        required  under  the  Parental  Notice of Abortion Act of
26        1995.
27             (41)  Failure to establish and maintain  records  of
28        patient care and treatment as required by this law.
29             (42)  Entering  into  an excessive number of written
30        collaborative agreements with licensed advanced  practice
31        nurses   resulting   in   an   inability   to  adequately
32        collaborate and provide medical direction.
33             (43)  Repeated  failure  to  adequately  collaborate
34        with or provide medical direction to a licensed  advanced
                            -14-              LRB9103257ACtmA
 1        practice nurse.
 2        All proceedings to suspend, revoke, place on probationary
 3    status,   or  take  any  other  disciplinary  action  as  the
 4    Department may deem proper, with regard to a license  on  any
 5    of  the  foregoing  grounds, must be commenced within 3 years
 6    next after receipt by the Department of a complaint  alleging
 7    the  commission  of or notice of the conviction order for any
 8    of  the  acts  described  herein.   Except  for  the  grounds
 9    numbered (8), (9) and (29), no action shall be commenced more
10    than 5 years after the date of the incident or act alleged to
11    have violated this Section.  In the event of  the  settlement
12    of  any  claim or cause of action in favor of the claimant or
13    the reduction to final judgment of any civil action in  favor
14    of the plaintiff, such claim, cause of action or civil action
15    being grounded on the allegation that a person licensed under
16    this  Act  was  negligent  in  providing care, the Department
17    shall have an additional period of one year from the date  of
18    notification  to  the Department under Section 23 of this Act
19    of such settlement or final judgment in which to  investigate
20    and commence formal disciplinary proceedings under Section 36
21    of  this  Act, except as otherwise provided by law.  The time
22    during which the holder of the license was outside the  State
23    of  Illinois  shall not be included within any period of time
24    limiting the  commencement  of  disciplinary  action  by  the
25    Department.
26        The  entry  of  an order or judgment by any circuit court
27    establishing that any person holding a license under this Act
28    is a person  in  need  of  mental  treatment  operates  as  a
29    suspension  of  that  license.   That person may resume their
30    practice only upon the entry of a  Departmental  order  based
31    upon  a  finding  by the Medical Disciplinary Board that they
32    have been determined to be recovered from mental  illness  by
33    the  court  and  upon the Disciplinary Board's recommendation
34    that they be permitted to resume their practice.
                            -15-              LRB9103257ACtmA
 1        The Department may refuse to issue or  take  disciplinary
 2    action concerning the license of any person who fails to file
 3    a  return,  or to pay the tax, penalty or interest shown in a
 4    filed return, or to pay any final assessment of tax,  penalty
 5    or  interest,  as required by any tax Act administered by the
 6    Illinois Department  of  Revenue,  until  such  time  as  the
 7    requirements  of any such tax Act are satisfied as determined
 8    by the Illinois Department of Revenue.
 9        The  Department,   upon   the   recommendation   of   the
10    Disciplinary   Board,  shall  adopt  rules  which  set  forth
11    standards to be used in determining:
12             (a)  when  a  person  will  be  deemed  sufficiently
13        rehabilitated to warrant the public trust;
14             (b)  what  constitutes  dishonorable,  unethical  or
15        unprofessional conduct of a character likely to  deceive,
16        defraud, or harm the public;
17             (c)  what   constitutes   immoral   conduct  in  the
18        commission of any act, including,  but  not  limited  to,
19        commission  of an act of sexual misconduct related to the
20        licensee's practice; and
21             (d)  what  constitutes  gross  negligence   in   the
22        practice of medicine.
23        However,  no  such rule shall be admissible into evidence
24    in any civil action except for review of a licensing or other
25    disciplinary action under this Act.
26        In  enforcing  this  Section,  the  Medical  Disciplinary
27    Board, upon a showing of a possible violation, may compel any
28    individual licensed to practice under this Act,  or  who  has
29    applied  for  licensure  or a permit pursuant to this Act, to
30    submit to a mental  or  physical  examination,  or  both,  as
31    required  by  and  at  the  expense  of  the Department.  The
32    examining physician or physicians shall be those specifically
33    designated   by   the   Disciplinary   Board.   The   Medical
34    Disciplinary Board or the Department may order the  examining
                            -16-              LRB9103257ACtmA
 1    physician  to  present  testimony  concerning  this mental or
 2    physical  examination  of  the  licensee  or  applicant.   No
 3    information shall be excluded by reason of any common law  or
 4    statutory  privilege  relating  to  communication between the
 5    licensee  or  applicant  and  the  examining  physician.  The
 6    individual to be  examined  may  have,  at  his  or  her  own
 7    expense,  another  physician  of  his  or  her choice present
 8    during all aspects  of  the  examination.    Failure  of  any
 9    individual  to submit to mental or physical examination, when
10    directed, shall be grounds  for  suspension  of  his  or  her
11    license  until  such  time  as  the individual submits to the
12    examination if the Disciplinary Board finds, after notice and
13    hearing, that the refusal to submit to  the  examination  was
14    without  reasonable cause.  If the Disciplinary Board finds a
15    physician unable to practice because of the reasons set forth
16    in this Section, the Disciplinary Board  shall  require  such
17    physician  to  submit  to  care,  counseling, or treatment by
18    physicians approved or designated by the Disciplinary  Board,
19    as   a   condition  for  continued,  reinstated,  or  renewed
20    licensure to practice.   Any  physician,  whose  license  was
21    granted  pursuant  to  Sections 9, 17, or 19 of this Act, or,
22    continued, reinstated, renewed,  disciplined  or  supervised,
23    subject  to  such terms, conditions or restrictions who shall
24    fail to comply with such terms, conditions  or  restrictions,
25    or  to  complete  a  required program of care, counseling, or
26    treatment, as determined by the Chief Medical Coordinator  or
27    Deputy   Medical  Coordinators,  shall  be  referred  to  the
28    Director for a determination as to whether the licensee shall
29    have their license suspended immediately, pending  a  hearing
30    by  the  Disciplinary  Board.   In  instances  in  which  the
31    Director immediately suspends a license under this Section, a
32    hearing  upon  such  person's license must be convened by the
33    Disciplinary Board within 15 days after such  suspension  and
34    completed  without appreciable delay.  The Disciplinary Board
                            -17-              LRB9103257ACtmA
 1    shall have the authority to review  the  subject  physician's
 2    record  of treatment and counseling regarding the impairment,
 3    to the extent permitted by applicable  federal  statutes  and
 4    regulations   safeguarding  the  confidentiality  of  medical
 5    records.
 6        An individual licensed under  this  Act,  affected  under
 7    this Section, shall be afforded an opportunity to demonstrate
 8    to  the  Disciplinary  Board that they can resume practice in
 9    compliance with acceptable and prevailing standards under the
10    provisions of their license.
11        The Department may promulgate rules for the imposition of
12    fines in disciplinary cases, not to exceed  $5,000  for  each
13    violation  of  this Act.  Fines may be imposed in conjunction
14    with other forms of disciplinary action, but shall not be the
15    exclusive disposition of any disciplinary action arising  out
16    of  conduct  resulting  in death or injury to a patient.  Any
17    funds collected from such fines shall  be  deposited  in  the
18    Medical Disciplinary Fund.
19        (B)  The  Department shall revoke the license or visiting
20    permit of any  person  issued  under  this  Act  to  practice
21    medicine  or to treat human ailments without the use of drugs
22    and without operative  surgery,  who  has  been  convicted  a
23    second  time  of  committing  any  felony  under the Illinois
24    Controlled Substances Act, or who has been convicted a second
25    time of committing a Class 1 felony under Sections  8A-3  and
26    8A-6 of the Illinois Public Aid Code.  A person whose license
27    or  visiting  permit  is  revoked  under this subsection B of
28    Section 22 of this Act shall be  prohibited  from  practicing
29    medicine  or treating human ailments without the use of drugs
30    and without operative surgery.
31        (C)  The Medical Disciplinary Board  shall  recommend  to
32    the  Department  civil  penalties  and  any other appropriate
33    discipline in disciplinary cases when the Board finds that  a
34    physician   willfully   performed  an  abortion  with  actual
                            -18-              LRB9103257ACtmA
 1    knowledge that the person upon whom  the  abortion  has  been
 2    performed  is a minor or an incompetent person without notice
 3    as required under the Parental  Notice  of  Abortion  Act  of
 4    1999.   Upon the Board's recommendation, the Department shall
 5    impose, for the first violation, a civil  penalty  of  $1,000
 6    and  for a second or subsequent violation, a civil penalty of
 7    $5,000. The Medical Disciplinary Board shall recommend to the
 8    Department  civil  penalties  and   any   other   appropriate
 9    discipline  in disciplinary cases when the Board finds that a
10    physician  willfully  performed  an  abortion   with   actual
11    knowledge  that  the  person  upon whom the abortion has been
12    performed is a minor or an incompetent person without  notice
13    as  required  under  the  Parental  Notice of Abortion Act of
14    1995.  Upon the Board's recommendation, the Department  shall
15    impose,  for  the  first violation, a civil penalty of $1,000
16    and for a second or subsequent violation, a civil penalty  of
17    $5,000.
18    (Source: P.A.   89-18,  eff.  6-1-95;  89-201,  eff.  1-1-96;
19    89-626,  eff.  8-9-96;  89-702,  eff.  7-1-97;  90-742,  eff.
20    8-13-98.)

21        (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
22        Sec. 23.   Reports relating to professional  conduct  and
23    capacity.
24        (A)  Entities required to report.
25             (1)  Health    care    institutions.     The   chief
26        administrator or executive officer  of  any  health  care
27        institution licensed by the Illinois Department of Public
28        Health  shall  report  to the Disciplinary Board when any
29        person's  clinical  privileges  are  terminated  or   are
30        restricted  based on a final determination, in accordance
31        with that institution's by-laws or rules and regulations,
32        that a person has either committed an act or  acts  which
33        may  directly  threaten  patient  care,  and  not  of  an
                            -19-              LRB9103257ACtmA
 1        administrative  nature,  or that a person may be mentally
 2        or physically disabled in such a manner  as  to  endanger
 3        patients  under  that  person's  care.  Such officer also
 4        shall report if a person accepts voluntary termination or
 5        restriction of clinical  privileges  in  lieu  of  formal
 6        action  based  upon  conduct  related directly to patient
 7        care and not of an administrative nature, or in  lieu  of
 8        formal  action  seeking to determine whether a person may
 9        be mentally or physically disabled in such a manner as to
10        endanger patients under that person's care.  The  Medical
11        Disciplinary  Board  shall,  by  rule,  provide  for  the
12        reporting  to  it  of  all  instances  in which a person,
13        licensed under this Act, who is  impaired  by  reason  of
14        age,   drug  or  alcohol  abuse  or  physical  or  mental
15        impairment, is under supervision and, where  appropriate,
16        is in a program of rehabilitation.  Such reports shall be
17        strictly  confidential and may be reviewed and considered
18        only by the members of  the  Disciplinary  Board,  or  by
19        authorized staff as provided by rules of the Disciplinary
20        Board.   Provisions shall be made for the periodic report
21        of the status of any such  person  not  less  than  twice
22        annually  in order that the Disciplinary Board shall have
23        current information upon which to determine the status of
24        any such person.  Such initial  and periodic  reports  of
25        impaired  physicians  shall  not  be  considered  records
26        within  the meaning of The State Records Act and shall be
27        disposed   of,   following   a   determination   by   the
28        Disciplinary  Board  that  such  reports  are  no  longer
29        required,  in  a  manner  and  at  such   time   as   the
30        Disciplinary  Board  shall determine by rule.  The filing
31        of such reports shall be construed as  the  filing  of  a
32        report for purposes of subsection (C) of this Section.
33             (2)  Professional  associations.   The  President or
34        chief executive officer of any association or society, of
                            -20-              LRB9103257ACtmA
 1        persons licensed under this Act,  operating  within  this
 2        State  shall  report  to  the Disciplinary Board when the
 3        association or society renders a final determination that
 4        a person has  committed  unprofessional  conduct  related
 5        directly to patient care or that a person may be mentally
 6        or  physically  disabled  in such a manner as to endanger
 7        patients under that person's care.
 8             (3)  Professional   liability    insurers.     Every
 9        insurance  company  which offers policies of professional
10        liability insurance to persons licensed under  this  Act,
11        or   any  other  entity  which  seeks  to  indemnify  the
12        professional liability of a person  licensed  under  this
13        Act,   shall   report   to  the  Disciplinary  Board  the
14        settlement of any claim or  cause  of  action,  or  final
15        judgment  rendered  in any cause of action, which alleged
16        negligence in the furnishing  of  medical  care  by  such
17        licensed person when such settlement or final judgment is
18        in favor of the plaintiff.
19             (4)  State's  Attorneys.   The  State's  Attorney of
20        each county shall report to the  Disciplinary  Board  all
21        instances  in  which  a person licensed under this Act is
22        convicted or otherwise found guilty of the commission  of
23        any  felony.  The  State's  Attorney  of  each county may
24        report to  the  Disciplinary  Board  through  a  verified
25        complaint  any  instance  in  which  the State's Attorney
26        believes that a  physician  has  willfully  violated  the
27        notice  requirements  of  the Parental Notice of Abortion
28        Act of 1999. The State's  Attorney  of  each  county  may
29        report  to  the  Disciplinary  Board  through  a verified
30        complaint any instance  in  which  the  State's  Attorney
31        believes  that  a  physician  has  willfully violated the
32        notice requirements of the Parental  Notice  of  Abortion
33        Act of 1995.
34             (5)  State    agencies.    All   agencies,   boards,
                            -21-              LRB9103257ACtmA
 1        commissions, departments, or other  instrumentalities  of
 2        the  government  of the State of Illinois shall report to
 3        the Disciplinary Board any instance arising in connection
 4        with  the  operations  of  such  agency,  including   the
 5        administration  of  any  law  by  such agency, in which a
 6        person licensed under this Act has  either  committed  an
 7        act or acts which may be a violation of this Act or which
 8        may constitute unprofessional conduct related directly to
 9        patient  care  or  which indicates that a person licensed
10        under this Act may be mentally or physically disabled  in
11        such a manner as to endanger patients under that person's
12        care.
13        (B)  Mandatory  reporting.  All reports required by items
14    (34), (35), and (36) of subsection (A) of Section 22  and  by
15    Section  23 shall be submitted to the Disciplinary Board in a
16    timely fashion.  The reports shall be filed in writing within
17    60 days after a determination that a report is required under
18    this  Act.   All  reports   shall   contain   the   following
19    information:
20             (1)  The  name,  address and telephone number of the
21        person making the report.
22             (2)  The name, address and telephone number  of  the
23        person who is the subject of the report.
24             (3)  The  name  or  other means of identification of
25        any patient or patients whose treatment is a  subject  of
26        the  report, provided, however, no medical records may be
27        revealed without the written consent of  the  patient  or
28        patients.
29             (4)  A  brief  description  of  the facts which gave
30        rise to the issuance of the report, including  the  dates
31        of  any  occurrences  deemed to necessitate the filing of
32        the report.
33             (5)  If court action is involved,  the  identity  of
34        the  court  in  which the action is filed, along with the
                            -22-              LRB9103257ACtmA
 1        docket number and date of filing of the action.
 2             (6)  Any further  pertinent  information  which  the
 3        reporting  party  deems to be an aid in the evaluation of
 4        the report.
 5        The Department shall have the right to inform patients of
 6    the right to provide written consent for  the  Department  to
 7    obtain   copies   of   hospital   and  medical  records.  The
 8    Disciplinary Board or Department may exercise the power under
 9    Section 38 of this Act to  subpoena  copies  of  hospital  or
10    medical  records  in mandatory report cases alleging death or
11    permanent bodily injury when consent to obtain records is not
12    provided by a patient or legal  representative.   Appropriate
13    rules shall be adopted by the Department with the approval of
14    the Disciplinary Board.
15        When   the   Department   has  received  written  reports
16    concerning incidents required to be reported in  items  (34),
17    (35),   and  (36)  of  subsection  (A)  of  Section  22,  the
18    licensee's failure to report the incident to  the  Department
19    under   those  items  shall  not  be  the  sole  grounds  for
20    disciplinary action.
21        Nothing contained in this Section shall  act  to  in  any
22    way,  waive  or modify the confidentiality of medical reports
23    and committee reports to the extent  provided  by  law.   Any
24    information  reported  or  disclosed  shall  be  kept for the
25    confidential use  of  the  Disciplinary  Board,  the  Medical
26    Coordinators, the Disciplinary Board's attorneys, the medical
27    investigative   staff,  and  authorized  clerical  staff,  as
28    provided in this Act, and shall be afforded the  same  status
29    as is provided information concerning medical studies in Part
30    21 of Article VIII of the Code of Civil Procedure.
31        (C)  Immunity   from   prosecution.   Any  individual  or
32    organization acting in good faith, and not in  a  wilful  and
33    wanton  manner,  in  complying with this Act by providing any
34    report or other information to  the  Disciplinary  Board,  or
                            -23-              LRB9103257ACtmA
 1    assisting   in  the  investigation  or  preparation  of  such
 2    information,  or  by  participating  in  proceedings  of  the
 3    Disciplinary  Board,  or  by  serving  as  a  member  of  the
 4    Disciplinary Board, shall not, as a result of  such  actions,
 5    be subject to criminal prosecution or civil damages.
 6        (D)  Indemnification.  Members of the Disciplinary Board,
 7    the Medical Coordinators, the Disciplinary Board's attorneys,
 8    the  medical  investigative  staff, physicians retained under
 9    contract to assist and advise the medical coordinators in the
10    investigation,  and  authorized  clerical  staff   shall   be
11    indemnified by the State for any actions occurring within the
12    scope  of  services  on  the Disciplinary Board, done in good
13    faith and not wilful and  wanton  in  nature.   The  Attorney
14    General  shall  defend  all  such  actions  unless  he or she
15    determines either that there would be a conflict of  interest
16    in such representation or that the actions complained of were
17    not in good faith or were wilful and wanton.
18        Should  the  Attorney General decline representation, the
19    member shall have the right to employ counsel of his  or  her
20    choice,  whose  fees  shall  be  provided by the State, after
21    approval  by  the  Attorney  General,  unless  there   is   a
22    determination  by  a court that the member's actions were not
23    in good faith or were wilful and wanton.
24        The member must notify the Attorney General within 7 days
25    of  receipt  of  notice  of  the  initiation  of  any  action
26    involving services of the Disciplinary Board.  Failure to  so
27    notify  the  Attorney  General  shall  constitute an absolute
28    waiver of the right to a defense and indemnification.
29        The Attorney General shall determine within 7 days  after
30    receiving  such  notice,  whether he or she will undertake to
31    represent the member.
32        (E)  Deliberations  of  Disciplinary  Board.   Upon   the
33    receipt  of  any  report  called  for by this Act, other than
34    those reports of impaired persons  licensed  under  this  Act
                            -24-              LRB9103257ACtmA
 1    required pursuant to the rules of the Disciplinary Board, the
 2    Disciplinary  Board  shall  notify  in  writing, by certified
 3    mail, the person who is the  subject  of  the  report.   Such
 4    notification  shall  be made within 30 days of receipt by the
 5    Disciplinary Board of the report.
 6        The notification shall include a written  notice  setting
 7    forth  the person's right to examine the report.  Included in
 8    such notification shall be the address at which the  file  is
 9    maintained, the name of the custodian of the reports, and the
10    telephone  number  at which the custodian may be reached. The
11    person who is the  subject  of  the  report  shall  submit  a
12    written  statement  responding,  clarifying,  adding  to,  or
13    proposing  the  amending of the report previously filed.  The
14    statement shall become a permanent part of the file and  must
15    be  received  by  the Disciplinary Board no more than 60 days
16    after the date on  which  the  person  was  notified  by  the
17    Disciplinary Board of the existence of the original report.
18        The  Disciplinary Board shall review all reports received
19    by  it,  together  with  any   supporting   information   and
20    responding  statements  submitted  by  persons  who  are  the
21    subject  of  reports.   The  review by the Disciplinary Board
22    shall be in a timely  manner  but  in  no  event,  shall  the
23    Disciplinary Board's initial review of the material contained
24    in  each disciplinary file be less than 61 days nor more than
25    180 days after the receipt  of  the  initial  report  by  the
26    Disciplinary Board.
27        When  the  Disciplinary Board makes its initial review of
28    the materials contained within its  disciplinary  files,  the
29    Disciplinary Board shall, in writing, make a determination as
30    to  whether  there  are  sufficient  facts to warrant further
31    investigation or action.  Failure to make such  determination
32    within   the   time   provided   shall  be  deemed  to  be  a
33    determination that there are not sufficient facts to  warrant
34    further investigation or action.
                            -25-              LRB9103257ACtmA
 1        Should  the  Disciplinary  Board  find that there are not
 2    sufficient facts to warrant further investigation, or action,
 3    the report shall be accepted for filing and the matter  shall
 4    be  deemed  closed  and  so  reported  to  the Director.  The
 5    Director shall then  have  30  days  to  accept  the  Medical
 6    Disciplinary    Board's    decision    or   request   further
 7    investigation.   The  Director  shall  inform  the  Board  in
 8    writing of the decision  to  request  further  investigation,
 9    including   the  specific  reasons  for  the  decision.   The
10    individual or entity filing the original report or  complaint
11    and  the person who is the subject of the report or complaint
12    shall be notified in writing by the  Director  of  any  final
13    action on their report or complaint.
14        (F)  Summary   reports.   The  Disciplinary  Board  shall
15    prepare, on a timely basis, but in no  event  less  than  one
16    every  other  month,  a summary report of final actions taken
17    upon disciplinary files maintained by the Disciplinary Board.
18    The summary reports shall be sent by the  Disciplinary  Board
19    to  every  health  care  facility  licensed  by  the Illinois
20    Department of Public Health, every  professional  association
21    and society of persons licensed under this Act functioning on
22    a  statewide  basis  in  this  State,  the  American  Medical
23    Association,   the   American  Osteopathic  Association,  the
24    American Chiropractic  Association,  all  insurers  providing
25    professional  liability  insurance  to persons licensed under
26    this Act in the State of Illinois, the  Federation  of  State
27    Medical   Licensing  Boards,  and  the  Illinois  Pharmacists
28    Association.
29        (G)  Any violation of this Section shall  be  a  Class  A
30    misdemeanor.
31        (H)  If  any  such person violates the provisions of this
32    Section an action may be brought in the name of the People of
33    the State of Illinois, through the Attorney  General  of  the
34    State  of  Illinois, for an order enjoining such violation or
                            -26-              LRB9103257ACtmA
 1    for an order enforcing compliance  with  this  Section.  Upon
 2    filing  of  a  verified petition in such court, the court may
 3    issue a temporary restraining order without  notice  or  bond
 4    and  may  preliminarily or permanently enjoin such violation,
 5    and if it is established that such person has violated or  is
 6    violating  the  injunction, the court may punish the offender
 7    for contempt of  court.   Proceedings  under  this  paragraph
 8    shall  be  in  addition  to,  and  not  in lieu of, all other
 9    remedies and penalties provided for by this Section.
10    (Source:  P.A.  89-18,  eff.  6-1-95;  89-702,  eff.  7-1-97;
11    90-699, eff. 1-1-99.)

12        (720 ILCS 515/Act rep.)
13        Section 90. The Illinois Abortion Parental Consent Act of
14    1977, which was  repealed  by  Public  Act  89-18,  is  again
15    repealed.

16        (720 ILCS 520/Act rep.)
17        Section  95. The Parental Notice of Abortion Act of 1983,
18    which was repealed by Public Act 89-18, is again repealed.

19        (750 ILCS 70/Act rep.)
20        Section 100.  The Parental Notice of Abortion Act of 1995
21    is repealed.

22        Section 999.  Effective date.  This Act takes effect upon
23    becoming law.

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